Phillips v. United States of America

Filing 28

ORDER granting 27 Consent MOTION for Medical Examinations. Signed by Magistrate Judge Benjamin W. Cheesbro on 6/3/2024. (kjm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION
KASANDRA PHILLIPS,
Plaintiff,

CIVIL ACTION NO.: 2:23-cv-62

v.
UNITED STATES OF AMERICA,
Defendant.
ORDER
The parties filed a Consent Motion for Medical Examinations. Doc. 27. The parties
explain a neurological and neuropsychological examination is necessary to determine the nature
and extent of Plaintiff’s alleged injuries, including traumatic brain injury and exacerbated
migraines. Id. at 2. Plaintiff’s injuries are in controversy in this lawsuit, and Defendant is
unable to ascertain the extent and permanency of Plaintiff’s injuries from the current medical
records and deposition. Id. at 3. In accordance with Federal Rule of Civil Procedure 35, upon
due consideration, and for good cause shown, the Court GRANTS the parties’ Consent Motion
for Medical Examinations.
Plaintiff shall submit to a medical examination by Dr. Adam Gerstenecker at 9:00 A.M.
on July 12, 2024. The examination will include an interview of Plaintiff regarding her medical
history, current symptoms, functional limitations, and any ongoing neuropsychological
symptoms; a review of medical and psychiatric records including prior neuropsychiatric
evaluations; a neurostatus behavioral examination; and a range of neuropsychological
assessments. The examination will be limited to five hours in duration.

Plaintiff shall submit to a medical examination by Dr. Angela Shapshak at 2:00 P.M. on
July 12, 2024. The examination will include an interview of Plaintiff regarding her medical
history, current symptoms, functional limitations, and any ongoing neurological or
neuropsychiatric complaints; a review of symptoms, medications, medical records, imaging
studies, and therapies; and a neurological examination. The examination will be limited to two
hours in duration.
Defendant shall reimburse Plaintiff for allowable travel expenses related to the medical
examinations in accordance with Department of Justice policies. Counsel for both parties will
not be present during the medical examinations. Both examinations will be conducted at the
University of Alabama at Birmingham Kirklin Clinic, 2000 6th Avenue South, Birmingham,
Alabama 35233.
SO ORDERED, this 3rd day of June, 2024.

____________________________________
BENJAMIN W. CHEESBRO
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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