Basanti v. Metcalf et al

Filing 226

Second Amended Final Pretrial ORDER. By Magistrate Judge Boyd N. Boland on 12/20/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:11-cv-02765-PAB-BNB
DALIP BASANTI,
Plaintiff,
vs.
JEFFREY METCALF, M.D.,
JASON ROZESKI, M.D.,
PLATTE VALLEY MEDICAL CENTER, and
THE UNITED STATES OF AMERICA,
Defendants.

SECOND AMENDED FINAL PRETRIAL ORDER

1.DATE AND APPEARANCES
The Final Pretrial Conference was held on October 3, 2013, at 2:00 p.m. Attorneys for
the parties are:
Attorneys for Plaintiff Dalip Basanti:
Natalie Brown
DezaRae D. LaCrue
Leventhal, Brown & Puga, P.C.
950 S. Cherry Street, Suite 600
Denver, CO 80246
Telephone: [phone]
Anthony Viorst
The Viorst Law Offices, P.C.
950 S. Cherry Street, Suite 300
Denver, CO 80246
Telephone: [phone]

Attorneys for Jeffrey Metcalf, M.D.:
Barbara Glogiewicz
Sheryl Bridges
Kennedy Childs, P.C.
633 17th Street, Ste. 2200
Denver, CO 80202
Telephone: [phone]
Attorneys for Jason Rozeski M.D.:
John Streelman
Kevin Kuhn
Wheeler Trigg O’Donnell, LLP
320 17th Street, Ste. 4500
Denver, CO 80202
Telephone: [phone]

Attorney for the United States of America:
Mark S. Pestal
Assistant U.S. Attorney
United States Attorney’s Office
1125 17th St. Suite 700
Denver, CO 80202
Telephone: [phone]

Attorneys for Platte Valley Medical Center:
Richard L. Murray, Jr.
S. Jane Mitchell
Hall & Evans, LLC
1125 17th St. Suite 600
Denver, CO 80202
Telephone: [phone]

2.JURISDICTION
The Court has subject matter jurisdiction over claims against the United States of
America pursuant to 28 U.S.C. § 1346(b). The Court has supplemental jurisdiction over the
remaining defendants pursuant to 28 U.S.C. § 1367(a).
3.CLAIMS AND DEFENSES
a.

Dalip Basanti:

The providers at Salud Medical Care managed Mrs. Basanti’s diabetes for several years.
The providers failed to provide proper monitoring and treatment over several years leading to
uncontrolled diabetes and ultimately the misdiagnosis of diabetic neuropathy in Mrs. Basanti.
This misdiagnosis obfuscated her presentation in September and October 2009 when she had
increasing signs of a spinal cord compression. Additionally, the providers at Salud saw Mrs.
Basanti for neck pain, shoulder pain, and leg numbness on numerous occasions, including six
visits between September 9 and October 27, 2009, and failed to properly evaluate and diagnose
Mrs. Basanti’s condition. These failures were negligent and a cause of Mrs. Basanti’s injuries.
On September 20, 2009, Mrs. Basanti presented to PVMC’s Emergency Department
complaining of left leg numbness and pain between her shoulder blades. Mrs. Basanti was seen
in the Emergency Department by Jeffrey Metcalf, M.D. Dr. Metcalf assessed Mrs. Basanti with
a sensory deficit on the left, and his differential diagnosis included ischemic CVA, cerebral-

cervical trauma, CNS mass/tumor, and hypoglycemia. Dr. Metcalf failed to order any objective
testing to rule out CNS mass/tumor. Despite these potential explanations for her problems, he
discharged her with a diagnosis of back pain and told her to see her PCP. Dr. Metcalf failed to
inform both Mrs. Basanti and her primary care providers that a CNS tumor/mass was a possible
explanation for her pain and her numbness. These failures were negligent and a cause of Mrs.
Basanti’s injuries.
On October 27, 2009, Mrs. Basanti presented to the Emergency Department at PVMC
with multiple complaints, including right shoulder pain, constipation, bilateral leg weakness,
right leg tingling, and vomiting. Mrs. Basanti was initially seen by Jason Rozeski, M.D., in the
Emergency Department. At Dr. Rozeski’s request, Mrs. Basanti was evaluated for admission by
Layne Bracy, M.D. Dr. Bracy examined Mrs. Basanti and determined she was unable to move
her right leg. Dr. Bracy discussed his findings with Dr. Rozeski and Melissa Beagle, M.D., and
expressed his concerns for admitting Mrs. Basanti to PVMC because of the lack of neurological
or neurosurgical services. Dr. Bracy declined to admit Mrs. Basanti until further testing was
completed to assess the cause of her right leg paralysis. Despite receiving this information and
before any radiographic testing, Dr. Rozeski diagnosed Mrs. Basanti with hyponatremia,
diabetes, and weakness and wrote orders for Mrs. Basanti to be admitted to PVMC. Mrs.
Basanti contends that Dr. Rozeski failed to properly and appropriately conduct a thorough
physical examination on October 27, 2009. Dr. Rozeski also failed to order appropriate
diagnostic testing to determine the cause of her signs and symptoms including her right leg
paralysis. Finally, Dr. Rozeski wrote orders for admission to a facility which did not have the
adequate level of care for Mrs. Basanti’s neurological condition. In these instances, Dr. Rozeski
was negligent and caused injury to Mrs. Basanti.

Dr. Beagle accepted Mrs. Basanti for admission to PVMC despite her significant
neurological deficits. Dr. Beagle examined Mrs. Basanti on October 27, 2009 and failed to
notice or assess her right leg paralysis. Dr. Beagle did not order objective testing to determine
the cause of this significant neurological deficit, did not diagnose that Mrs. Basanti had
progressive neurologic deficits, and did not order more frequent neurologic checks. Dr. Beagle
was negligent in these ways in her care and treatment of Mrs. Basanti, and this negligence was a
cause of Mrs. Basanti’s injuries.
The PVMC nurses caring for Mrs. Basanti on October 27 and October 28, 2009 failed to
timely and appropriately monitor her neurological status. In addition, the nurses failed to report
Mrs. Basanti’s low blood pressure to a physician or the Rapid Assessment Team (RAT). The
nurses failed to report an output of 200 cc’s of urine as required by hospital policy. Finally,
Barbara Herivel, R.N., failed recognize that Mrs. Basanti had a new onset of bilateral lower
extremity paralysis and upper extremity weakness at 8:10 a.m. on October 28th and failed to
report these significant and worrisome changes to a physician or the RAT team. These failures
by the nurses constituted negligence and were a cause of Mrs. Basanti’s injuries.
Mrs. Basanti also contends that each of the defendants in this case, acting individually or
through their employees and agents, failed to engage a qualified interpreter as required by
federal law and as required by the communications alternatives policy of PVMC. As a result of
this failure, the providers were unable to obtain full and accurate information about Mrs.
Basanti’s condition. This failure was negligent, a violation of hospital policy (at PVMC), a
violation of Federal Executive Order and regulations, and a cause Mrs. Basanti’s injuries.
As a result of the defendants’ negligence, Mrs. Basanti is permanently paralyzed at the
T2 level, with loss of bowel and bladder function. Mrs. Basanti has incurred and will continue to

incur medical and related expenses over the course of her lifetime. Additionally, Mrs. Basanti
has incurred lost wages and will have lost wages in the future. Mrs. Basanti also has
noneconomic losses, including pain and suffering, permanent impairment, disfigurement, loss of
quality of life, and inconvenience.
b.

Jeffrey Metcalf, M.D.:

On September 20, 2009, Plaintiff presented to the Platte Valley Medical Center
Emergency Department and was evaluated by Dr. Metcalf. Dr. Metcalf conducted an
appropriate examination of Plaintiff, arrived at an appropriate differential diagnosis, and made
appropriate recommendations to Plaintiff regarding her medical care and condition. This
emergency department visit lasted almost three hours. Plaintiff presented complaining of
sensory changes in her left leg and left side as well as pain between her shoulder blades. Dr.
Metcalf performed a history and physical examination of Plaintiff. An EKG and a chest x-ray
study were ordered. Blood and urine lab tests were ordered. Emergent life and limb threatening
conditions were ruled out. Plaintiff received medications to treat her complaints and instructions
to present to her primary care physician within two days for further follow-up. Upon discharge,
Plaintiff reported that her pain and numbness were much improved. During his examination of
Plaintiff, Dr. Metcalf did not appreciate a language barrier with Plaintiff such that he was unable
to effectively communicate with Plaintiff regarding her medical condition.
c.

Jason Rozeski, M.D.:

Jason Rozeski, M.D. (“Dr. Rozeski”) denies all allegations of wrongdoing or substandard
care of any kind. The care provided by Dr. Rozeski was, at all times, reasonable and appropriate
and did not in any way cause injury or damage to Plaintiff.
Dr. Rozeski saw Plaintiff in the early morning hours of October 27, 2009 at the Platte

Valley Medical Center Emergency Department. Plaintiff arrived to the Emergency Department
at 3:20 in the morning. Dr. Rozeski saw Plaintiff following her arrival and until 7:00 a.m. when
he went off shift. During that short time period, Dr. Rozeski completed a very thorough and
reasonable work-up of Plaintiff. Prior to October 27, 2009, Dr. Rozeski had never met or treated
Plaintiff, but Plaintiff did have an extensive history of treatment with the Salud Family Health
Center. Those records were not available to Dr. Rozeski.
Plaintiff arrived to the Emergency Department by private vehicle driven by her friend
“Lovely.” Plaintiff was able to walk to her car and she was complaining of pain in her
shoulders. Lovely remained at the Emergency Department with Plaintiff. Lovely is fluent in
Plaintiff’s native language, Punjabi, and was available to translate if communication was a
problem. Plaintiff’s alleged language barriers did not prevent Dr. Rozeski from providing
Plaintiff with appropriate and reasonable medical care.
Plaintiff described complaints of “generalized weakness, increased blood sugar, right
groin pain and right neck pain” according to nursing notes and “right shoulder pain, constipation,
weakness, bilateral leg tingling and vomiting” according to Dr. Rozeski’s interview. Plaintiff
was hyperglycemic and reported a history of high blood pressure, diabetes, neuropathy and leg
weakness. Plaintiff had normal vital signs and a normal neurologic examination. Plaintiff was
fully oriented, had no cranial nerve deficit, full strength, normal reflexes (including Babinski),
no loss of sensation (including pinprick and cold), but with subjective tingling in no pattern. A
rectal exam was performed and revealed normal tone.
Plaintiff’s wide range of symptoms could have been attributed to any number of
conditions. Dr. Rozeski took prompt and thorough action to identify the most acute conditions
and to narrow the source of Plaintiff’s symptoms. Dr. Rozeski ordered a chest x-ray and CT of

the lumbar spine. He ordered a number of labs that revealed hyponatremia and elevated blood
glucose. Dr. Rozeski conferred with Dr. Layne Bracy at 0535. The chart reflects that Dr. Bracy
evaluated Plaintiff and that he requested an MRI of the lumbar spine and brain.
Those MRIs were ordered. The MRI of the lumbar was obtained at 7:20 a.m. and the
results were received at 8:40 a.m., after Dr. Rozeski had transferred care and gone off shift. Dr.
Beagle, the physician going on shift at 7:00 a.m. and relieving Dr. Bracy, acknowledges that
Plaintiff was admitted and that she had assumed the care of Plaintiff. Any decline in Plaintiff’s
condition occurred following Dr. Rozeski’s care and treatment. No further testing or imaging
was indicated during Dr. Rozeski’s short time with the Plaintiff, nor would such testing or
imaging have changed Plaintiff’s outcome. Dr. Rozeski did everything reasonably possibly to
treat Plaintiff in the short period of time he saw her and to rule out acute conditions. Dr. Rozeski
acted at all times as would any other reasonable, appropriate and diligent emergency medicine
physician – he ordered the appropriate tests/imaging, recommended the patient for admission,
and relied on the admitting physicians to continue Plaintiff’s work-up.
d.

Platte Valley Medical Center:

PVMC asserts that care provided through its institution, nursing and allied staff was
reasonable and not the cause of plaintiff’s claimed injuries, damages, or losses. PVMC denies
that it was negligent in any way.
On September 20 and October 27, 2009, nurses in the emergency department provided
appropriate care and complied with physician orders with respect to Ms. Basanti. They were not
responsible for diagnosing or determining the cause of plaintiff’s presentation. Nor were they
responsible for determining in what why Ms. Basanti should be managed after leaving the
emergency department on these dates.

PVMC was not responsible for the physician’s decision to admit plaintiff to its facility.
Admission on October 27, 2009, for weakness and hyponatremia treated by IV fluids would
seem reasonable.
On the floor on October 27 and 28, the nurses complied with physician orders and could
reasonably conclude that plaintiff was admitted for supportive care for her generalized weakness,
hyponatremia, and recent illness. There were no orders that would have suggested that plaintiff
was to be monitored or followed for neurologic injury or manifestations or consequences of
plaintiff’s then unknown benign thoracic tumor. Under the circumstances, motor or neurologic
basic checks, fluid status, hemodynamic status, and other findings did not reasonably require
contact with the attending physician or the “RAT” team, nor would such contact have changed
the outcome.
By 0810 on October 28, 2009, plaintiff had apparently suffered paralysis of her lower
extremities and by this time a different course of treatment or response would not have changed
her outcome.
PVMC’s personnel’s communication with the plaintiff, given the purpose of the
communication, was reasonable and did not violate law.
e.

United States of America:

Plaintiff’s paraplegia is the result of the insidious effects of a very rare, congenital spinal
cyst that caused compression of and neurologic damage to her thoracic spinal cord. The location
of the cyst in her upper back (thoracic level T-1-2) made diagnosis possible only through an
MRI of her thoracic spine. In the months prior to her cyst causing permanent damage, Plaintiff,
who also suffered from diabetes, experienced varying physical complaints providing her medical
providers insufficient signs and symptoms to alert them to the need for an MRI of her thoracic

spine. Moreover, the relatively common signs and symptoms (aches, pains, and later, one-sided
leg numbness) that Plaintiff experienced waxed and waned over months, if not years, and served
to confound the diagnosis of the rare cyst until her symptoms became more prominent and
telling, albeit at a point that was too late to avoid permanent injury. As a result of the confusing
constellation of signs and symptoms, none of Plaintiff’s care providers at the Salud Family
Health Clinic, where she sought free medical care, were put on notice that an MRI of her T-spine
should be ordered. Regrettably, it was not until Plaintiff’s condition rapidly progressed
sometime over the night of October 27, 2009, that her signs and symptoms clearly pointed to the
need for further diagnostic evaluation. Upon discovering Plaintiff’s changed neurologic
condition on the morning of October 28, 2009, Dr. Melissa Beagle, a Salud Family Practice
physician, expeditiously facilitated transfer of Plaintiff’s care to a higher-level facility for further
evaluation and care. As part of an urgent work up by a team of three specialists at the Aurora
South Medical Center, Plaintiff’s rare, benign, thoracic spinal cyst was isolated from several
other possible causes of her developing paralysis. The definitive diagnosis, however, was made
at a point in time that Plaintiff’s neurosurgeon determined she would not benefit from emergent
decompression surgery on the evening of October 28, 2009, and it was scheduled for the next
day.
4. STIPULATIONS
a.

The parties stipulate to the authenticity of the medical records disclosed in

discovery, except those that have been redacted. This stipulation does not preclude the
parties from objecting to the records on other grounds.
5.PENDING MOTIONS

a.

Defendant Jeffery Metcalf, M.D.’s Motion to Strike Plaintiff’s Expert Glenn

Flores, M.D. and to Strike Language Opinions by Plaintiff’s Experts Laurence Huffman, M.D.,
and David Glaser, M.D., filed on May 24, 2013. Response filed on June 21, 2013, Reply filed
on July 9, 2013.
b.

The parties shall file Motions in Limine on or before January 10, 2014.

c.

The United States is filing the United States’ Motion for Order Prohibiting

Plaintiff from Using Altered Trial Exhibits.
6.WITNESSES
a.

Non-expert witnesses to be called by Plaintiff Dalip Basanti:
(1)

Witnesses who will be present at trial (see Fed. R. Civ. P. 26(a)(3)(A)):
(a) Dalip Basanti: Dalip Basanti will testify to all facts regarding her
medical care and treatment before and after her paralysis. She will
also testify regarding her injuries, damages and losses.
(b) Ranjit Basanti: Ranjit Basanti will testify to all facts regarding Dalip
Basanti’s medical care and treatment before and after her paralysis.
He will also testify regarding Dalip Basanti’s injuries, damages
and losses.
(c) Brian Basanti: Brian Basanti will testify to all facts regarding Dalip
Basanti’s medical care and treatment before and after her paralysis.
He will also testify regarding Dalip Basanti’s injuries, damages
and losses.

(2)

Witnesses who may be present at trial if the need arises (see
Fed.R.Civ.P. 26(a)(3)(A)):
(a) Sukhvir Kaur: Sukhvir Kaur will testify to all facts regarding Dalip
Basanti’s medical care and treatment before and after her paralysis.
She will also testify regarding Dalip Basanti’s injuries, damages and
losses.
(b) Jaswant Singh: Jaswant Singh will testify to all facts regarding Dalip
Basanti’s medical care and treatment before and after her paralysis. He
will also testify regarding Dalip Basanti’s injuries, damages and losses.

(c) Harvinder Kaur: Harvinder Kaur will testify to all facts regarding
Dalip Basanti’s medical care and treatment before and after her paralysis.
She will also testify regarding Dalip Basanti’s injuries, damages and
losses.
b.

Non-expert witnesses to be called by Defendant Jeffrey Metcalf:
(1)

Witnesses who will be present at trial (see Fed.R.Civ.P. 26(a)(3)(A)):
None.

(2)

Witnesses who may be present at trial if the need arises (see
Fed.R.Civ.P. 26(a)(3)(A)):
(a) Jeffrey Metcalf, M.D. Dr. Metcalf is a board-certified internal
medicine physician who practices in the field of emergency medicine. Dr.
Metcalf may testify in person on subjects including, but not limited to, any
evidence or allegation concerning him or his care of Plaintiff. Dr. Metcalf
may testify regarding each aspect of his care and treatment of Plaintiff,
that his care and treatment of Plaintiff met the standard of care and that his
care and treatment was not the cause of any injury to Plaintiff. Dr. Metcalf
is expected to discuss his qualifications, education, experience and
training. Dr. Metcalf may testify to any issues raised by any fact or expert
witness.
Dr. Metcalf further incorporates his Fed. R. Civ. P. 26(a)(2)(C) disclosure
for additional topics that he may testify to at trial. Dr. Metcalf reserves the
right to use any medical or other record designated as a trial exhibit in
support of his testimony at trial, including emergency department records,
radiology reports, nursing notes, and other medical and billing records. Dr.
Metcalf may also use exhibits such as drawings, models, diagrams, photos
or illustrations to explain his testimony.
(b) Any witness listed by any other party in this Pretrial Order.
(c) Any individual necessary to lay an evidentiary foundation.
(d) Any person necessary for impeachment.
(e) Any person necessary for rebuttal.
(3) Witnesses where testimony is expected to be presented by means of a
deposition: None at this time.

c.

Non-expert witnesses to be called by the Defendant Jason Rozeski, M.D.:

(1)

Witnesses who will be present at trial (see Fed.R.Civ.P. 26(a)(3)(A)):
(a) None at this time

(2)

Witnesses who may be present at trial if the need arises (see
Fed.R.Civ.P. 26(a)(3)(A)):
(a) Jason Rozeski, M.D. Dr. Rozeski is a board certified emergency
medicine physician and a defendant in this lawsuit. Dr. Rozeski has a
right to fully defend himself at trial against the allegations asserted in
this lawsuit, including factual and expert testimony. Dr. Rozeski may
testify, without limitation, regarding any evidence or allegation
concerning him or his care of Plaintiff. Dr. Rozeski may testify
regarding each aspect of his care and treatment of Plaintiff, that every
aspect of his care and treatment of Plaintiff met the standard of care
and that his care and treatment was not the cause of any injury to
Plaintiff. Dr. Rozeski is expected to discuss his qualifications,
education, experience and training. Dr. Rozeski may testify to any
issues raised by any fact or expert witness disclosed against him. Dr.
Rozeski’s care of Plaintiff was brief and his workup was thorough and
appropriate. The imaging ordered by Dr. Rozeski was reasonable and
it was appropriate to wait on the results of the lumbar MRI before
making further decisions about the care of Plaintiff, at which time Dr.
Rozeski had gone off shift and transferred care.
Dr. Rozeski further incorporates his Fed. R. Civ. P. 26(a)(2)(C)
disclosure for additional topics that he may testify to at trial. Dr.
Rozeski reserves the right to use any medical or other record
designated as a trial exhibit in support of his testimony at trial,
including emergency department records, radiology reports, nursing
notes, and other medical and billing records. Dr. Rozeski may also
use exhibits such as drawings, models, diagrams, photos or
illustrations to explain his testimony.
(b)
Jesse Singh. Mr. Singh is Plaintiff’s friend and may be called to
discuss his knowledge of Plaintiff and her husband, and Plaintiff’s
condition and complaints around the time of her October 27, 2009 visit to
the Platte Valley Medical Center Emergency Department.
(c) Harvinder Kaur. Ms. Kaur is Plaintiff’s friend and may be called to
discuss her knowledge of Plaintiff and her husband, Plaintiff’s condition
and complaints around the time of her October 27, 2009 visit to the Platte
Valley Medical Center Emergency Department.
(d) Ranjit Basanti. Mr. Basanti is married to Plaintiff. Mr. Basanti may
be called to discuss his family, his time in the United States, work history,

education, ownership of the family liquor store and recollection of Mrs.
Basanti’s medical complaints and treatment.
(d) Any witness listed by any other party in this Pretrial Order.
(e) Any individual necessary to lay an evidentiary foundation
(f) Any person necessary for impeachment
(g) Any person necessary for rebuttal
(h) Dr. Rozeski reserves the right to offer excerpts of the deposition
testimony of any party for any purpose at trial.
(i) Dr. Rozeski reserves the right to call any party for cross-examination
(3)

Witnesses where testimony is expected to be presented by means of a
deposition:
None at this time

d.

Non-expert witnesses to be called by the Defendant PVMC:
(1)

Witnesses who will be present at trial (see Fed.R.Civ.P. 26(a)(3)(A)):
(a) None identified at this time

(2)

Witnesses who may be present at trial if the need arises (see Fed.
R.Civ.P. 26(a)(3)(A)):
(a) Barrett, MD, John. Dr. Barrett, an internist who saw Plaintiff at the
Medical Center of Aurora on October 28, 2009, may testify in person
regarding his evaluation and assessment of Plaintiff’s condition upon her
transfer from Platte Valley Medical Center.
(b) Beagle, MD, Melissa. Dr. Beagle, a Family Practice physician
employed by the Salud Clinic, will testify in person concerning her care
and treatment of Plaintiff at Platte Valley Medical Center on October
27 and 28, 2009.
(c) Bhupinder, Brian. Brian Bhupinder is plaintiff’s son who is
expected to testify in person about plaintiff’s condition and his
involvement at PVMC on 10/27 & 10/28/2009 and at MCA.
(d) Bhupinder, Ranjit. Ranjit is plaintiff’s husband who is expected to
testify in person as to plaintiff’s condition and his involvement at

PVMC on 10/27 & 10/28/2009 and at MCA.
(e) Bracy, MD, Layne. Dr. Bracy, who was a Family Practice
physician employed by the Salud Family Clinic, will testify about his
encounter with Plaintiff at the Platte Valle Medical Center on October
27, 2009.
(f) Chang, MD, Ira (see below)
(g) Deutchman, MD, Mark. Dr. Deutchman, an expert in Family
Medicine, will testify in person concerning the care and treatment
rendered by the medical providers employed by the Salud Clinic.
(h) Forrester, MD, Joseph. Dr. Forrester, an intensivist at the Medical
Center of Aurora, who saw Plaintiff on October 28, 2009, may testify in
person regarding his evaluation and assessment of Plaintiff’s condition
upon her transfer from Platte Valley Medical Center.
(i) Herivel, RN, Barbara Ms. Herivel is a PVMC medical nurse who
will testify in person about her care and treatment of plaintiff.
(j) Hogan, MD, James. Dr. Hogan will testify in person as to his
activity, role and communications in the PVMC ED on October 27,
2009.
(k) Kaur, Harvinder. Ms. Harvinder is a family friend who will testify
in person about her involvement with plaintiff and her transport to
PVMC on 10/27/09.
(l) Kaur, Sukhvir. Mr. Sukhvir is a family friend who will testify in
person about his involvement with plaintiff and events at PVMC.
(m) Kovarik, RN, Meghan. Ms. Kovarik is a PVMC nurse who
willtestify in person about her care and treatment of plaintiff.
(n) Kuhn, RN, Allison Ms. Kuhn is a PVMC nurse who will testify in
person about her involvement with plaintiff’s care in the ED on
10/28/2009.
(o) Laine, Jory. Mr. Laine, an economist, will testify in person
concerning his evaluation of Plaintiff’s economic damages claimed as a
result of her alleged injuries.
(p) Lewis, M.D., Kelli (see below)
(q) Metcalf, MD, Jeffery (see above)

(r) Pankowski, RN, Anita. Ms. Pankowski is a PVMC nurse who will
testify in person about her involvement with plaintiff’s care on
10/27/2009.
(s) Sexson, (Albrandt), RN, Kori. Ms. Sexton is a PVMC medical
floor nurse who will testify in person about her involvement with
plaintiff’s care.
(t) Rozeski, MD, Jason (see description above)
(u) Salud Clinic physician and other providers, including, Drs. Farley,
Beagle, Rufner, Robinson, Eileen, Denegri, and Eileen Flaherty, FNP.
(v) Singh, Jaswant. Mr. Jaswant is a family friend who will testify in
person about events at PVMC concerning plaintiff.
(w) Tolge, MD, Celina. Dr. Tolge, a neurologist who saw Plaintiff
upon her admission to the Medical Center of Aurora may testify in
person regarding her evaluation, assessment, and care of Plaintiff on
October 28, 2009.
(x) Walter, MD, Harry. Dr. Walter is a treating physician who will
testify in person about plaintiff’s condition and ability to communicate.
(y) Williams, Zachery. Mr. Williams is a PVMC employee who will
testify in person about his care of plaintiff on the medical floor
(z) Any witness or expert listed by any other party.
(3)

Witnesses where testimony is expected to be presented by means of a
deposition:
None

e.

Non-expert witnesses to be called by the United States of America:
(1)

Witnesses who will be present at trial (see Fed.R.Civ.P. 26(a)(3)(A)):
(a) Melissa Beagle, M.D. Dr. Beagle, a Family Practice physician
employed by the Salud Clinic, will testify in person concerning her care
and treatment of Plaintiff at Platte Valley Medical Center on October 27
and 28, 2009.
(b) Layne Bracy. Dr. Bracy, who was a Family Practice physician
employed by the Salud Family Clinic, will testify about his encounter with
Plaintiff at the Platte Valle Medical Center on October 27, 2009.

(c) Alberto Denegri, M.D. Dr. Denegri, a Family Practice physician
employed by the Salud Clinic, will testify in person concerning his care
and treatment of Plaintiff at the Salud Clinic in 2009.
(d) Tillman Farley, M.D. Dr. Farley, a Family Practice physician and
Executive Vice President of Medical Services at the Salud Family Clinic,
will testify in person concerning its policies and procedures relating to
patient care including the provision and availability of free medical care to
patients such as Plaintiff.
(e) Eileen Flaherty, FNP. Family Nurse Practitioner Flaherty, who was
employed by the Salud Clinic, will testify in person concerning her care
and treatment of Plaintiff at the Salud Clinic in 2009.
(f) Kelet Robinson, M.D. Dr. Robinson, a Family Practice physician
employed by the Salud Clinic, will testify in person concerning her care
and treatment of Plaintiff at the Salud Clinic.
(g) Lorraine Ruffner, M.D. Dr. Ruffner, a Family Practice physician
employed by the Salud Clinic, will testify in person regarding he care and
treatment of Plaintiff at the clinic in 2009.
(2)

Witnesses who may be present at trial if the need arises (see Fed. R. Civ.
P. 26(a)(3)(A)):
(a) John Barrett, M.D. Dr. Barrett, an internist who saw Plaintiff at the
Medical Center of Aurora on October 28, 2009, may testify in person
regarding his evaluation and assessment of Plaintiff’s condition upon her
transfer from Platte Valley Medical Center.
(b) Joseph M. Forrester, M.D. Dr. Forrester, an intensivist at the
Medical Center of Aurora, who saw Plaintiff on October 28, 2009, may
testify in person regarding his evaluation and assessment of Plaintiff’s
condition upon her transfer from Platte Valley Medical Center.
(c) Andre May, M.D. Dr. May, Family Practice physician employed by
the Salud Clinic, may testify in person, regarding his care and treatment of
Plaintiff at the Salud Clinic.
(d) Celina Tolge, M.D. Dr. Tolge, a neurologist who saw Plaintiff upon
her admission to the Medical Center of Aurora may testify in person
regarding her evaluation, assessment, and care of Plaintiff on October 28,
2009.
(e) Nancy Welter, FNP. Nurse Practitioner Welter, who was employed
by the Salud Clinic, may testify in person regarding her care and treatment

of Plaintiff at the clinic.
(f) All witnesses listed by another party, or needed for foundation,
impeachment, or rebuttal
(3)

Witnesses where testimony is expected to be presented by means of a
deposition:
None

f.

Expert witnesses to be called by Plaintiff Dalip Basanti:
(1)

Witnesses who will be present at trial (see Fed.R.Civ.P. 26(a)(3)(A)):
(a) Glenn Flores, M.D.: Dr. Flores will testify consistent with his
report and deposition.
(b) David Glaser, M.D.: Dr. Glaser will testify consistent with his
report and deposition.
(c) Thomas Huffman, M.D.: Dr. Huffman will testify consistent
with his report and deposition.
(d) Debbie Morikawa, RN: Nurse Morikawa will testify consistent
with her report and deposition.
(e) Michael Rauzzino, M.D.: Dr. Rauzzino will testify consistent
with his medical records and deposition.
(f) Patricia Pacey, Ph.D.: Dr. Pacey will testify consistent with her
report and deposition.
(g) Helen Woodard, M.A.: Mrs. Woodard will testify consistent with
her report and deposition.
(h) Thomas Balazy, M.D.: Dr. Balazy will testify consistent with his
medical records and deposition.
(i) Layne Bracy, M.D.: Dr. Bracy will testify consistent with his
deposition.
(j) Mark Deutchman, M.D.: Dr. Deutchman will testify consistent
with his report and deposition.

(2)

Witnesses who may be present at trial (see Fed.R.Civ.P. 26(a)(3)(A)):

(a) Melissa Beagle, M.D.: Dr. Beagle will tesify consistent with her
medical records and deposition.
(b) Alberto Denegri, M.D.: Dr. Denegri will testify consistent with
his medical records and deposition.
(c) Eileen Flaherty, FNP: Ms. Flaherty will tesify consistent with her
medical records and deposition.
(d) Barbara Herivel, RN: Nurse Herivel will tesify consistent with
her medical records and deposition.
(e) Megan Kovarik, RN: Nurse Kovarik will tesify consistent with
her medical records and deposition.
(f) Jason Rozeski, M.D.: Dr. Rozeski will testify consistent with his
medical records and deposition.
(g) Jeffrey Metcalf, M.D.: Dr. Metcalf will testify consistent with his
medical records and deposition.
(h) Lorraine Rufner, M.D.: Dr. Rufner will tesify consistent with her
medical records and deposition.
(i) Cory Sexson, RN: Nurse Sexson will tesify consistent with her
medical records and deposition.
(j) Nancy Welter, FNP: Ms. Welter will tesify consistent with her
medical records and deposition.
(k) Zachery Williams, CNA: Mr. Williams will testify consistent
with his medical records and deposition.
(l) Joseph Forrester, M.D.: Dr. Forrester will testify consistent with
his medical records and deposition.
(m) Celina Tolge, M.D.: Dr. Tolge will tesify consistent with her
medical records and deposition.
(n) Harry Walter, D.O.: Dr. Walter will testify consistent with his
medical records and deposition.
(o) John Barrett, M.D.: Dr. Barrett will testify consistent with his
medical records and deposition.

(p) Kelet Robinson, M.D.: Dr. Robinson will tesify consistent with
her medical records and deposition.
g.

Expert witnesses to be called by Jeffrey Metcalf, M.D.:
(1)

Witnesses who will be present at trial (see Fed.R.Civ.P. 26(a)(3)(A)):
(a) None at this time.

(2)

Witnesses who may be present at trial (see Fed.R.Civ.P. 26(a)(3)(A)):
(a) Kelli Lewis, M.D.: Dr. Lewis is a board certified emergency
medicine physician. Dr. Lewis may testify in person regarding all topics
addressed in her various reports disclosed in this litigation, as well as her
deposition. She is specifically expected to testify that Dr. Metcalf acted as
a reasonably careful physician practicing emergency medicine under the
circumstances of the time and that he did not cause or contribute to
Plaintiff’s claimed damages/injury in this case.
(b) Ira Chang, M.D.: Dr. Chang is a physician board certified in
neurology and psychiatry. Dr. Chang may testify in person regarding all
topics addressed in her various reports disclosed in this litigation, as well
as her deposition.
(c) Janet Toney: Ms. Toney, a Certified Lifecare Planner, may testify in
person concerning her rebuttal opinions regarding Plaintiff’s future care
needs. She may testify regarding all topics addressed in her various
reports disclosed in this litigation.
(d) Steven Day, Ph.D.: Dr. Day may testify in person concerning his
opinions about Plaintiff’s life expectancy. Dr. Day may testify regarding
all topics addressed in his various reports disclosed in this litigation.
(e) Jeffrey Arle, M.D.: Dr. Arle may testify in person concerning his
rebuttal opinions concerning Plaintiff’s care and treatment from the
perspective of a neurosurgeon. Dr. Arle may testify regarding all topics
addressed in his various reports disclosed in this litigation.
(f) J. William Wellborn, M.D.: Dr. Wellborn, a Physical Medicine
physician may testify in person concerning his rebuttal opinions
concerning Plaintiff’s future medical needs. He may testify regarding all
topics addressed in his various reports disclosed in this litigation.
(g) Jory Laine: Jory Laine may testify regarding all topics addressed in
his various reports disclosed in this litigation, as well as his deposition.

(h) Jeffrey Metcalf, M.D.: Dr. Metcalf is expected to testify as to all
matters discussed or referenced in his deposition, taken November 15,
2012. He is expected to testify consistent with the medical records
pertaining to his September 20, 2009 evaluation of Ms. Basanti, and to
explain the care and treatment he provided to Ms. Basanti. Dr. Metcalf
will discuss his experience as an emergency room physician and how he
approaches patient care in an emergency department setting.
Dr. Metcalf will explain the thought process behind his evaluation of Ms.
Basanti and the recommendations he made regarding her care and
treatment. Dr. Metcalf will testify as to Ms. Basanti’s presentation and
symptomatology on September 20, 2009 and compare that to her
symptomatology upon discharge. He will discuss his findings upon
examination of Ms. Basanti, including the normal neurological findings
and all pertinent negatives such as his findings of a normal gait and an
ability to move all four extremities without apparent limitation. Dr.
Metcalf will discuss that Ms. Basanti had improvement in her reported
pain and numbness upon discharge, and that she was discharged with a
final diagnosis of back pain and paresthesias with instructions to followup with Dr. Robinson in two days. He will testify regarding his
interactions with Ms. Basanti and his interaction with those individuals
who accompanied her to the Platte Valley Medical Center emergency
department on September 20, 2009. Dr. Metcalf will explain that he did
not have difficulty communicating with Ms. Basanti on September 20,
2009.
Dr. Metcalf further incorporates his Fed. R. Civ. P. 26(a)(2)(C) disclosure
for additional topics that he may testify to at trial. Dr. Metcalf reserves the
right to use any medical or other record designated as a trial exhibit in
support of his testimony at trial, including emergency department records,
radiology reports, nursing notes, and other medical and billing records. Dr.
Metcalf may also use exhibits such as drawings, models, diagrams, photos
or illustrations to explain his testimony.
(i)
(3)

Any witness listed by any other party in this Pretrial Order.

Witnesses where testimony is expected to be presented by means of a
deposition:
None at this time.

h.

Expert witnesses to be called by Jason Rozeski, M.D.:
(1)

Witnesses who will be present at trial (see Fed.R.Civ.P. 26(a)(3)(A)):
(a) None at this time

(2)

Witnesses who may be present at trial (see Fed. R. Civ. P. 26(a)(3)(A)):
(a) Herbert G. Ogden, M.D. Dr. Ogden is a board certified emergency
medicine physician. Dr. Ogden may testify regarding all topics addressed
in his various reports disclosed in this litigation.
(b) Kevin Thomas Tong, M.D. Dr. Tong is a physician board certified in
internal medicine and endocrinology. Dr. Tong may testify regarding all
topics addressed in his various reports disclosed in this litigation.
(c) Michael A. Finn, M.D. Dr. Finn is a physician specializing in
neurosurgery. Dr. Finn may testify regarding all topics addressed in his
various reports disclosed in this litigation.
(d) Ira Chang, M.D. Dr. Chang is a physician board certified in
neurology and psychiatry. Dr. Chang may testify regarding all topics
addressed in her various reports disclosed in this litigation.
(e) Jory Laine. Jory Laine may testify regarding all topics addressed in
his various reports disclosed in this litigation.
(f) Janet Toney. Janet Toney may testify regarding all topics addressed in
her various reports disclosed in this litigation.
(g) William Wellborn, M.D. Dr. Wellborn may testify regarding all
topics addressed in his various reports disclosed in this litigation.
(h) Steven Day, Ph.D. Dr. Day may testify regarding all topics addressed
in his various reports disclosed in this litigation.
(i) Jason Rozeski, M.D. Dr. Rozeski is a board certified emergency
medicine physician and a defendant in this lawsuit. Dr. Rozeski has a
right to fully defend himself at trial against the allegations asserted in this
lawsuit, including factual and expert testimony. Dr. Rozeski may testify,
without limitation, regarding any evidence or allegation concerning him or
his care of Plaintiff. Dr. Rozeski may testify regarding each aspect of his
care and treatment of Plaintiff, that every aspect of his care and treatment
of Plaintiff met the standard of care and that his care and treatment was
not the cause of any injury to Plaintiff. Dr. Rozeski is expected to discuss
his qualifications, education, experience and training. Dr. Rozeski may
testify to any issues raised by any expert witness disclosed against him.
Dr. Rozeski’s care of Plaintiff was brief and his workup was thorough and
appropriate. The imaging ordered by Dr. Rozeski was reasonable and it
was appropriate to wait on the results of the lumbar MRI before making

further decisions about the care of Plaintiff, at which time Dr. Rozeski had
gone off shift and transferred care.
Dr. Rozeski further incorporates his Fed. R. Civ. P. 26(a)(2)(C) disclosure
for additional topics that he may testify to at trial. Dr. Rozeski reserves
the right to use any medical or other record designated as a trial exhibit in
support of his testimony at trial, including emergency department records,
radiology reports, nursing notes, and other medical and billing records.
Dr. Rozeski may also use exhibits such as drawings, models, diagrams,
photos or illustrations to explain his testimony.
(j) Any witness listed by any other party in this Pretrial Order.
(3)

Witnesses where testimony is expected to be presented by means of a
deposition:
None at this time

i.

Expert witnesses to be called by Platte Valley Medical Center:
(1)

Witnesses who will be present at trial (see Fed.R.Civ.P. 26(a)(3)(A)):
(a) Barbe, RN, Sally. Sally Barb, RN, is PVMC’s nursing expert who
will testify in person as to the reasonableness of the medical floor nurses’
conduct on October 27 & 28, 2009
(b) Lefkowits, MD, Donald. Dr. Lefkowits is an emergency department
physician who will testify in person as to the reasonableness of the care of
PVMC emergency department nurses and to plaintiff’s absence of
neurogenic shock.
(c) Ribovich, MD, Thomas. Dr. Ribovich is a neurosurgeon expert who
will testify in person as to the plaintiff’s neurologic status on the PVMC
medical floor on 10/27 & 10/28/2009.
(d) See Section entitled “Witnesses who may be present at trial” for
additional witness who may be called upon to provide expert opinions or
testimony.

(2)

Witnesses who may be present at trial (see Fed.R.Civ.P. 26(a)(3)(A)):
None at this time

(3)

Witnesses where testimony is expected to be presented by means of a
deposition:

None at this time
j.

Expert witnesses to be called by the United States of America:
(1)

Witnesses who will be present at trial (see Fed.R.Civ.P. 26(a)(3)(A)):
(a) Jeffrey Arle, M.D. Dr. Arle will testify in person concerning his
rebuttal opinions concerning Plaintiff’s care and treatment from the
perspective of a neurosurgeon.
(b) Melissa Beagle, M.D. Dr. Beagle will testify in person concerning
the opinions she formed during her care and treatment of Plaintiff on
October 27 and 28, 2009, at the Platte Valley Medical Center.
(c) Layne Bracy, M.D. Dr. Bracy will testify in person concerning
the opinions he formed during his encounter with Plaintiff on
October 27, 2009, at the Platte Valley Medical Center.
(d) Steven Day, Ph.D. Dr. Day will testify in person concerning his
opinions about Plaintiff’s life expectancy.
(e) Alberto Denegri, M.D. Dr. Denegri, a Family Physician employed
by the Salud Clinic, will testify in person concerning the opinions he
formed during his care and treatment of Plaintiff at the clinic.
(f) Mark Deutchman, M.D. Dr. Deutchman, an expert in Family
Medicine, will testify in person concerning the care and treatment
rendered by the medical providers employed by the Salud Clinic.
(g) Jory Laine. Mr. Laine, an economist, will testify in person concerning
his evaluation of Plaintiff’s economic damages claimed as a result of her
alleged injuries.
(h) Kelet Robinson, M.D. Dr. Robinson, who is a Family Practice
physician employed by the Salud Family Clinic, will testify in person
concerning the opinions she formed about Plaintiff’s medical condition
during her care and treatment at the Salud Clinic.
(i) David S. Schade, M.D. Dr. Schade, an endocrinologist, will testify in
person concerning his opinions about the medical care provided by
Defendants, including the providers employed by the Salud clinic.
(j) Janet Toney Ms. Toney, a Certified Lifecare Planner, will testify in
person concerning her rebuttal opinions regarding Plaintiff’s future care
needs.

(k) Harry J. Walter, D.O. Dr. Walter, a Family Medicine physician in
private practice, will testify in person concerning his opinions concerning
his care and treatment of Plaintiff in 2009 for complaints of back pain.
(l) J. William Wellborn, M.D. Dr. Wellborn, a Physical Medicine
physician will testify in person concerning his rebuttal opinions
concerning Plaintiff’s future medical needs.
(2)

Witnesses who may be present at trial (see Fed.R.Civ.P. 26(a)(3)(A)):
(a) Eleanor Price, M.D. Dr. Price may testify in person concerning her
current care and treatment of Plaintiff following her surgery to remove the
rare, benign Thoracic cyst.

(3)

Witnesses where testimony is expected to be presented by means of a
deposition:
None at this time
7. EXHIBITS

a.

Exhibits to be offered at trial:
(1)
(2)

b.

Plaintiff: See Attachment 1
Defendants: See Attachment 2

Copies of listed exhibits (other than those for demonstrative purposes) must be

provided to opposing counsel on or before January 10, 2014. The objections contemplated by
Fed.R.Civ.P. 26(a)(3) shall be filed with the clerk and served by hand delivery or facsimile on or
before March 3, 2014.
8. DISCOVERY
Discovery has been completed.
9. SPECIAL ISSUES
Whether the Court will employ an advisory jury as to Plaintiff’s claims against the
United States will need to be addressed 30 days prior to the Trial Preparation Conference in
order to allow time for preparation of jury instructions. The United States opposes the Court’s

use of an advisory jury for the claims against it given that the Federal Tort Claims Act does not
waive the government’s sovereign immunity to allow jury trials for such actions.
10. SETTLEMENT
a.

Mediation is scheduled for January 15, 2014 with Judge Bockman.
11. OFFER OF JUDGMENT

Counsel acknowledge familiarity with the provision of Rule 68 (Offer of Judgment) of
the Federal Rules of Civil Procedure. Counsel have discussed it with the clients against whom
claims are made in this case.
12. EFFECT OF FINAL PRETRIAL ORDER
Hereafter, this Final Pretrial Order will control the subsequent course of this action and
the trial and may not be amended except by consent of the parties and approval by the Court or
by order of the Court to prevent manifest injustice. The pleadings will be deemed merged
herein. This Final Pretrial Order supersedes the Scheduling Order. In the event of ambiguity in
any provision of this Final Pretrial Order, reference may be made to the record of the pretrial
conference to the extent reported by stenographic notes and to the pleadings.
13. TRIAL AND ESTIMATED TRIAL TIME; FURTHER TRIAL
PREPARATION PROCEEDINGS
a.

Trial is to the Court on the claims against the United States and to a jury on the
claims against the remaining Defendants.

b.

Trial is set to begin on May 13, 2014 and is set for 16 days.

c.

Trial will be Denver, Colorado.

Dated December 20, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

DATED this 16th day of December, 2013.
APPROVED:
s/DezaRae LaCrue
Natalie Brown
DezaRae LaCrue
Leventhal Brown & Puga, P.C.
950 S. Cherry Street, Ste. 600
Denver, CO 80246
Telephone: [phone]

s/ Sheryl Bridges
Barbara Glogiewicz
Sheryl Bridges
Kennedy Childs, P.C.
633 17th Street, Ste. 2200
Denver, CO 80202
Telephone: [phone]
Attorneys for Defendant Metcalf

Anthony Viorst
The Viorst Law Offices, P.C.
950 S. Cherry Street, Suite 300
Denver, CO 80246
Telephone: [phone]
Attorneys for Plaintiff

s/John Streelman
John Streelman
Kevin Kuhn
Wheeler Trigg O’Donnell, LLP
320 17th Street, Ste. 4500
Denver, CO 80202
Telephone: [phone]
Attorneys for Defendant Rozeski

s/Richard L. Murray, Jr.
Richard L. Murray, Jr.
Sara Jane Mitchell
Hall & Evans, LLC
1125 17th St. Suite 600
Denver, CO 80202
Telephone: [phone]
Attorneys for Defendant Platte Valley Medical
Center

JOHN F. WALSH
United States Attorney
s/Mark S. Pestal
Assistant United States Attorney
1125 17th Street, Suite 700
Denver, Colorado 80202
Telephone: [phone]
Attorneys for the United States of America
BY THE COURT

United States Magistrate Judge

CASE CAPTION: Dalip Basanti v. Jeffrey Metcalf, M.D., Jason Rozeski, M.D., Platte Valley Medical Center and the United States
of America
CASE NUMBER: 1:11-CV-02765-PAB-BNB
DEFENDANTS’ SECOND AMENDED EXHIBIT LIST: Jeffrey Metcalf, M.D.; Platte Valley Medical Center; Jason Rozeski, M.D.;
United States of America
Exhibit
Number/
Letter
A1
A2
A3
A4
A5
A6

A7

Witness

Description

MEDICAL RECORDS
Clinica Campesina Medical (CC 125)
Salud Medical Record (USA-Salud
1-155)
Salud Medical Records (SF1-138)
Salud October 2009 Coverage
Calendar
Platte Valley Medical Center
09/20/09 (PVMC 1-17)
Platte Valley Medical Center
10/27/09 through 10/28/09 (PVMC
18-104)
Platte Valley Medical Center ED Log
(PVMC 130)

Deposition
Exhibit
Number
Ex. 1

Ex. 2
Ex. 14
Ex. 3
Ex. 4

Stipulatio
n

Offered

Admitted

Refused

Court Use Only

Exhibit
Number/
Letter
A8

A9
A10
A11
A12
A13
A14
A15
A16
A17
A18
A19
A20
A21

Witness

Description

Platte Valley Medical Center Patient
Census Report for 10/27/09 &
10/28/09 (PVMC 128-129)
Platte Valley Medical Center
Physical Therapy (PVMC 131-153)
Alexander, Mihaela, MD
(Neurodiagnostics) (Alex 104)
Alpine Living Center (ALC 1-227)
Complete Home Care (CHC 1-3020)
Craig Hospital (CH 1-1166)
Craig Hospital 2013 Outcomes and
Value Report
Craig Hospital History and Physical
dated 01/14/2013
Craig Hospital Interdisciplinary
Conference Report
Diversified Radiology of Colo. (DRC
1-19)
Dynasplint (DYN 1-40)
Eye Surgery Center of Colorado
(ESC 1-3)
MCPN South Aurora Family Health
Services (MCPN 1-48)
Medical Center of Aurora (MCA 1-

Deposition
Exhibit
Number

Ex. 69

Ex. 215
Ex. 217
Ex. 220

28

Stipulatio
n

Offered

Admitted

Refused

Court Use Only

Exhibit
Number/
Letter
A22
A23
A24
A25
A26
A27
A28
A29
A30
A31
A32
A33
A34
A35
A36

Witness

Description

516)
Medstuff, Inc. (MSI 1-5)
National Jewish Health (NJH 1-45)
North Suburban Medical Center
(NSMC 1-264)
Northglenn Ambulance (NAI 1-49)
Presybyterian/St. Luke’s Medical
Center (PSL 1-130)
Quest Diagnostics (QD 1-39)
Radiology Imaging Associates (RIA
1-30)
Rauzzino, Michael MD (RAU 1-15)
Rocky Mountain Medical Equipment
(RMME 1-81)
Shield Healthcare (SHC 1-8, 30-57)
St. Anthony Family Medicine Center
(SAFM 1-16)
St. Anthony North Hospital (SAN 1203)
Urology Center of Colorado (UCC 116)
Walgreen’s Pharmacy (WAL 1-105)
Walter, Harry, MD (Wal 1-7; Wal (b)
1)

Deposition
Exhibit
Number

Ex. 48

29

Stipulatio
n

Offered

Admitted

Refused

Court Use Only

Exhibit
Number/
Letter
A37

Witness

Description

Deposition
Exhibit
Number

SF 95 Notice September 29, 2011
(USA-SF95-1 to 16)

A38
A39
A40
A41
A42
A43
A44
A45
A46
A47
A48
A49
A50
A51
A52

DEFENSE EXPERT CURRICULUM VITAE
Kelli Lewis, MD
Thomas Ribovich, MD
Sally Barbe, RN
Donald Leftkowits, MD
Ira Chang, MD
Steven Day Ph.D.
Michael Finn, M.D.
Jory Laine
Herbert Ogden, MD
Janet Toney
Kevin Tong, MD
William Wellborn, MD
Jeffrey Arle, MD
Mark Deutchman, MD
David Schade, MD

A53
A54
A55
A56

TREATER CURRICULUM VITAE
Jason Rozeski, MD
Melissa Beagle, MD
Layne Bracy, MD
Alberto Denigri, MD

Ex. 44
Ex. 10
Ex. 15
30

Stipulatio
n

Offered

Admitted

Refused

Court Use Only

Exhibit
Number/
Letter
A57
A58
A59
A60
A61
A62
A63
A64
A65
A66
A67
A68
A69
A70

Witness

Description

Tillman Farley, MD
Eileen Flaherty, FNP
Kelet Robinson, MD
Lorraine Rufner, MD
Nancy Welter, FNP
Celina Tolge, MD
Joseph Forrester, MD
James Hogan, MD
Thomas Balazy, MD
Jeffrey Metcalf, MD
Harry Walter, DO
EXPERT DEPOSITION EXHIBITS
Dr. Rauzzino’s Chart (Rauzzino)
MRI Photo Series (Rauzzino)
List of documents reviewed by
Rauzzino; table entitled "Inconsistent
History by Symptom"

Deposition
Exhibit
Number

Ex. 20
Ex. 34
Ex. 51
Ex. 58
Ex. 225
Ex. 214
Ex. 47
Ex. 40
Ex. 37-39
Ex. 108

A71

Front Range Spine & Neurosurgery new
form, blank

Ex. 109

A72

Front Range Spine & Neurosurgery
Legal Schedule

Ex. 110

31

Stipulatio
n

Offered

Admitted

Refused

Court Use Only

Exhibit
Number/
Letter
A73
A74
A75
A76
A77
A78
A79
A80
A81
A82
A83
A84
A85
A86
A87
A88
A89

Witness

Description

Deposition Summaries (Morikawa)
Sonoma County Recorder
(Morikawa)
Santa Rosa Interpreter Policy
(Morikawa)
Alta Bates Interpreter Policy
(Morikawa)
Morikawa Notes
Morikawa Billing
Huffman Summary Sheet
Handwritten case file notes (Pacey)
Woodard Testimony List with
Handwriting
PVMC Discovery (Glaser)
Deposition Summaries (Glaser)
Glaser Billing Records
Glaser Signed ACEP Guidelines
Interview with Glaser
Letter to the Editor
Woodard file
EMPLOYMENT RECORDS

Deposition
Exhibit
Number
Ex. 71, 72
Ex. 72
Ex. 77
Ex. 78
Ex. 79
Ex. 82
Ex. 99
Ex. 207
Ex. 174
Ex. 136
Ex. 137
Ex. 163
Ex. 165
Ex. 168
Ex. 169

Adecco North America LLC
correspondence

32

Stipulatio
n

Offered

Admitted

Refused

Court Use Only

Exhibit
Number/
Letter
A90
A91
A92
A93
A94
A95
A96
A97
A98
A99
B1
B2
B3
B4
B5

Witness

Description

Deposition
Exhibit
Number

DIA correspondence
HTMC Consulting correspondence
Wendys (Wen(e) 1-96)
TAX RECORDS & SSA
Tax Returns – Business - 2006
Tax Returns – Business - 2007
Tax Returns – Business – 2008
Tax Returns – Business - 2009
Tax Returns – Joint - 2006
Tax Returns – Joint – 2007
Tax Returns – Joint – 2008
Tax Returns – Joint – 2009
W2s of Dalip Basanti 2002, 2004,
2005 & 2008
Social Security Administration (SSA
1-72)
Medicaid Records (place holder)
IMAGING STUDIES
HealthOne (PL 9)
6/27/2011 CT of Head w/o contrast
11/11/2010 Voiding Cystogram
10/27/2010 Venous Duplex Rt leg
7/8/2010 CT Abdomen with Pelvis

33

Stipulatio
n

Offered

Admitted

Refused

Court Use Only

Exhibit
Number/
Letter

B6
B7

B8

B9

Witness

Description

Deposition
Exhibit
Number

5/28/2010 MRI Thoracic Spine w/o
contrast
2/19/2010 MRI Thoracic Spine w/wo
contrast
Medical Center of Aurora (PL 1)
10/28/2009 PERC Place CV Line
Medical Center of Aurora South (PL
8)
10/28/2009 MRI Cervical Spine
w/wo contrast
10/29/2009 Thoracic Spine 2 views
11/4/2009 Xray chest Portable
10/28/2009 MRI Thoracic Spine
w/wo contrast
10/28/2009 Perc Placement CV Line
North Suburban Medical Center (PL
5)
6/27/2011 Head CT
11/11/2010 Cystogram
10/27/2010 Venous Duplex
7/18/2010 Abdomen CT
5/28/2010 Thoracic Spine MRI
Platte Valley Medical Center (PL 7)
10/27/2009 Chest, PA/LAT

34

Stipulatio
n

Offered

Admitted

Refused

Court Use Only

Exhibit
Number/
Letter

B10

B11

B12

Witness

Description

Deposition
Exhibit
Number

10/27/2009 MRI Brain w/o contrast
10/27/2009 MRI Lumbar w/o
contrast
10/27/2009 CT Lumbar Spine w/o
contrast
9/20/2009 Chest, PA/LAT
Salud Family Health Center (PL 6):
9/28/2009 Xray Lumbar Spine
9/28/2009 Xray Right Shoulder
1/8/2009 Xray Left Knee
Swedish Medical Center (PL 2)
11/10/2009 Venous Duplex
11/20/2009 Brain MRI w/wo
contrast
11/23/2009 US Complete
Renal/Retroperitoneal US Complete
11/10/2009 Xray Thoracic Spine AP
11/9/2009 Xray Chest PA/lateral
Swedish Medical Center (PL 3)
11/30/2011 KUB/ABD Single
11/30/2011 TSpine AP/LAT
11/28/2011 Renal/Peritoneal US
7/1/2010 Venous Duplex Right Leg
6/30/2010 KUB/ABD Single

35

Stipulatio
n

Offered

Admitted

Refused

Court Use Only

Exhibit
Number/
Letter

Witness

Description

Deposition
Exhibit
Number

6/30/2010 Renal/Retroperitoneal US
12/21/2009 Venous Duplex LE
Bilateral
11/20/2009 MRI - Cervical,
Lumbar, Thoracic Spine w/wo
contrast
10/2009 Chest CTA w/wo
11/10/2009 KUB/ABD Single
DEMONSTRATIVES
B13
B14

B15

B16
B17

Life tables, relevant biostatistical
literature and data
Chronologies, timelines, outlines,
summaries of relevant medical data
and/or events compiled from the
medical records
Medical illustrations, charts,
photographs, models, computer
animations, diagrams, depictions,
blow-ups or the like of the anatomy
or medicine which is the subject of
this case
Blow-ups of any disclosed document,
medical record, or tangible item
Model of the spinal cord

36

Stipulatio
n

Offered

Admitted

Refused

Court Use Only

Exhibit
Number/
Letter
B18
B19
B20

B21
B22

Witness

Description

Deposition
Exhibit
Number

Rozeski Handwritten Notes of Chart
MISCELLANEOUS
Any exhibit listed by any party in this
case
Any medical literature relied upon by
any expert or needed for
impeachment
Any documents needed for
impeachment or rebuttal
Any deposition exhibit of any
witness

37

Stipulatio
n

Offered

Admitted

Refused

Court Use Only

999
CASE CAPTION: Dalip Basanti vs. Jeffrey Metcalf, M.D., Jason Rozeski, M.D., Platte Valley Medical Center and The United States
of America
CASE NO: 1:11-cv-02765-PAB-BNB
EXHIBIT LIST OF: Dalip Basanti, Plaintiff
Exhibit

1
2
3
4
5

6

7

Witness

Brief Description

Salud Records
1-0001 through 1-0138
PVMC Records Admission 9/20/09
2-0001 through 2-0017
PVMC Records Admission 10/28/09
3-0001 through 3-0087
Harry Walter, D.O. Records
4-0001
Select Medical Center of Aurora
Records
5-0001 through 5-0073
Select Craig Hospital Inpatient
Records
6-0001 through 6-0391
Select Craig Hospital Outpatient
Records
7-0001 through 7-0077

Stipulation

Offered

Admitted

Refused

Court Use Only

8
9
10
11

12
13
14
15
16
17
18
19
20

Michael Rauzzino, MD Records
8-0001 through 8-0015
National Jewish Records
9-0001 through 9-0045
Alpine Living Center Records
10-0001 through 10-0003
Spine Imaging Studies from the
Medical Center of Aurora
(Disc)
Medical Bill Summary
12-0001 through 12CNS Bills
13-00001 through 13-0005
Craig Hospital Bills
14-0001 through 14-0093
Diversified Radiology Bills
15-0001 through 15-0003
Dynasplint Bills
16-0001
North Suburban Bills
17-0001 through17-0022
Radiology Imaging Assoc. Bills
18-0001 through 18-0004
Shield Healthcare Bills
19-0001 through 19-0008
Complete Home Healthcare Bills
20-0001 through 20-0061

21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41

Critical Care and Pulmonary Bills
21-0001 through 21-0002
National Jewish Bills
22-0001 through 22-0008
North Suburban Ambulance Bills
23-0001 through 23-0010
Garrett Raymond Bills
24-0001
Urology Center of Co Bills
25-0001 through 25-0002
Alpine Living Center Bills
26-0001 through 26-0022

42
43
44
45
46
47
48
49
50

51
52
53
54
55
56
57
58

PVMC Communication Alternative
Policy
50-0001 through 50-0004
PVMC Rapid Assessment Policy
51-0001 through 51-0005
PVMC Bylaws, Rules & Regulations
52-0001 through 52-0089
PVMC Chain of Command Policy
53-0001 through 53-0004
Lane Bracy, MD CV
54-0001
Thomas Balazy, MD CV
55-0001 through 55-0006
Glenn Flores, MD CV
56-0001 through 56-0043
David Glaser, MD CV
57-0001 through 57-0006
Laurence Huffman, MD CV
58-0001 through 58-0003

59
60
61
62
63
64
65
66
67
68

69

70

Debbie Morikawa, RN CV
59-0001 through 59-0004
Patricia Pacey, PhD CV
60-0001 through 60-0010
Michael Rauzzino, MD CV
61-0001 through 61-0007
Celina Tolge, MD CV
62-0001 through 62-0004
Harry Walter, DO CV
63-0001 through 63-0002
Helen Woodard CV
64-0001 through 64-0003
Economic Loss Evaluation Summary
65-0001
Economic Drop-down Chart
66-0001
Life Care Plan
67-0001 through 67-0008
Pictures of Dalip Basanti prior to
September 2009
68-0001 through 68-0002
ACEP: Pearls and Pitfalls of Spinal
Cord Compression
69-0001 through 69-0025
National Clearinghouse Guidelines
regarding Diagnostic Imaging Practice
for MusculoSkeletal Complaints in

71
72

73

74
75
76
77
78

Adults
70-0001 through 70-0015
Recognizing Spinal Cord Emergencies
71-0001 through 71-0008
Executive Order 13166: Improving
Access to Services for Persons with
Limited English Proficiency
72-0001 through 72-0003
Anatomical diagrams, models, and/or
illustrations, medical literature and
diagrams and/or drawings prepared by
expert witnesses for illustrative
purposes during trial
All items referenced during any
depositions taken in this matter
Any document endorsed by Defendant
All items produced pursuant to
C.R.C.P. 26
All items exchanged in discovery
Any exhibit needed for rebuttal or
impeachment purposes
Any literature listed on any expert’s
curriculum vitae