HomeMy WebLinkAbout95-04211
~
~
~
~ I
~
"
~
~
.
~
J
-
-
~
~
1
,\1
\~ ~ %:
~ Q.:
~ ~ d
tx, & ",
~ Ul~
rn <' ~ "I:: p:--:-,
- ll.t3 '+' "
\' 0 <5 ~ ~ ,8
\... 3' ~
(J) l1i U '\'Y.j
-f.. -- ~--.
~ ~'~
-~ I,""; k,
~ / "
\
!
I ...L"
\ ' \~~
~
'Y'\
M
1'-...::;-.
.........." ."f'\
~ ...." ,,--;
\.;, r\ v.
. "i
~!::
- ~........-
'--~' '0
.1 t
I ~~
, ~ll:
j ,~
:>
.. .. ...
, ......
.:::~'~.~ I>~.." '.(1)..,",. PI...
. J.,_",.\,),..""..
.. .. .
U 8
p.; E
, <
a3.:i~ 5
~ ~ ~~ H
:p.~~~!
ctl~zeo~:
a~g~p.;~
Q '" II
III !!l
~ "
~ ~
, ... ..
.... " .
..
,/ .
.'
\.i~
u- '
'-<'1/
()
....
~
.1
H
F"
ALISON J. KOTZMOYER,
A MINOR CHILD, BY HER FATHER
AND NATURAL GUARDIAN,
HARRY KOTZMOYER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
NO, r:~j 4) (/ (Ii tl~ ~ "Jt L1-"'-
PLAINTIFF
V.
CHARLES F. RATCLIFFE JR.
DEFENDANT
: CIVIL ACTION - LAW
AND NOW, this
/1"1
\ ') day
ORDER ,--
T\ \,)\
of 1i\.~\J , 1995,
on consideration of
the foregoing petition, it is ORDERED that the settlement in
compromise of this action for the gross sum of $12,000,00 is
approved. Counsel fees and expenses are also approved as set
forth below, This dietribution is directed as follows:
1. To be paid to Petitioner, Harry Kotzmoyer, guardian of
minor/Plaintiff and to be placed in an insured savings account,
to be marked "Not to be withdrawn until minor/Plaintiff reaches
her majority, or without the Order of a Court of competent
juriediction" the sum of $8,630,00.
2. To Richard S, Friedman, Esquire and Friedman &
Friedman, PC for counsel fees, the sum of $3,000,00.
3. To Friedman & Friedman, PC for coets as set forth in
the Petition, the sum of $370,00,
By the Court:
lfcl,~\\ ~ ,K{~
/'
,.//'..-
J.
pleading\kotzmoyer,or
ALISON J, KOTZMOYER,
A MINOR CHILD, BY HER FATHER
AND NATURAL GUARDIAN,
HARRY KOTZMOYER
I IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
PLAINTIFF
NO'95_ '1-,,// ~'y,"L
V,
CHARLES F. RATCLIFFE JR.
DEFENDANT
CIVIL ACTION - LAW
ORDER
AND NOW, this ~ day ofAu'a~~995, on consideration of
the foregoing Petition, it is hereby ORDERED that a hearing be
held in the above matter before the Honorable #A~/d L SAu.J~
Judge, on the I~ay ofA~d-1995 at 3 ; {)() /l.rn., in Court
Room~ of the Cumberland county Courthouee.
By the Court:
)J (-w! I~ J1:
J.
,
55. n' Lr: '] 01 :~;
gS ,I
~)~~ (fX ,J,'-RcP- ..
Q5l)tr'\) j\UJ1'
A
I
ALISON J. KOTZMOYER,
A MINOR CHILD, BY HER FATHER
AND NATURAL GUARDIAN,
HARRY KOTZMOYER
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY PENNSYLVANIA
PLAINTIFF
: NO,
:
:
V,
CHARLES F, RATCLIFFE JR.
DEFENDANT
CIVIL ACTION - LAW
PETITION FOR LEAVE TO COMPROMISE MINOR'S ACTION
AND NOW COMES the Petitioner, Harry Kotzmoyer, the parent
and natural guardian of the minor child, Alison J. Kotzmoyer, by
his attorney, Richard S. Friedman, Esquire, of Friedman &
Friedman, PC, and petitions this Court to enter an Order
permitting settlement in compromise of this action and in support
avers the following:
1, Harry Kotzmoyer is the parent and natural guardian of
the minor child/Plaintiff, Alison J. Kotzmoyer, who was born on
December 2, 1977 and who is preeently 17 years of age.
2. Minor/Plaintiff was injured on October 18, 1994 on
State Route 83 South in Lemoyne Borough, Cumberland County, when
she was eouthbound on eaid highway and was obliged to corne to a
full stop because of traffic conditione, at which time a second
car driven by Guyles Whitney and travelling immediately behind
minor/Plaintiff likewise carne to a stop, but was thereafter
forcibly struck in the rear by a vehicle driven by Defendant,
Charles F, Ratcliffe Jr" thus puehing the Whitney vehicle
forcibly into the vehicle driven by minor/Plaintiff.
J
Minor/Plaintiff was injured as a result of the accident with
Defendant.
3. The injuriee suetained by Minor/Plaintiff were cervical
strain, swelling of many of the musclee in the shoulders and
thoracic area, bilateral arm pain, lumbar strain, and muscle
contraction type headaches created by a cervical myofaecial
injury. Minor/Plaintiff had been recovering well from said
injuries when she was re-injured in an incident on January 28,
1995, which is not the subject of this Petition and which
incident forms a second action, stopping the damages of the
accident which is the subject of this Petition.
4. Petitioner has incurred the following medical expenses
for treatment of the minor/Plaintiff:
Dr. Richard Seldow
Dr. Emily Matlin
Pennsylvania MRI Associates
Osteopathic Hospital
$1,707.00
$ 360.00
$ 992.00
$ 266.75
$3,325.75
TOTAL
All bills were paid by the first party carrier for
minor/Plaintiff,
5, Counsel, Richard S. Friedman, Esquire, was retained by
the Petitioner to represent the minor/Plaintiff on a contingency
basis. A copy of the fee agreement is attached ae Exhibit A.
Upon settlement of the personal injury action of minor/Plaintiff,
counsel, Richard S. Friedman, Esquire, unilaterally offered to
reduce his fee from 33 1/3% ae set forth in Exhibit A to 25%,
which offer was accepted by Petitioner. Counsel therefore seeks
approval of counsel fees in the amount of $3,000.00,
........ -.". - --
A
,
In prosecuting this action on behalf of minor/plaintiff,
counsel has incurred the following expenseel
Commonwealth of Pennaylvania
Richard M. Seldow, MD
Emily W. Matlin, DO
Tristan Aesociatee
Lower Allen Township
Emily W. Matlin, DO
pennCorp Service Group, Inc,
Filing of within Petition
TOTAL
$ 8,00
$175.00
$ 75.00
$ 20.00
$ 5,00
$ 25,00
$ 16.50
$ 45.50
$370,00
6, Petitioner and counsel seek approval of the settlement
on behalf of minor/Plaintiff in the amount of $12,000.00
negotiated with Defendant because they believe that it represents
a full and fair settlement of the caee, equal to or greater than
that which may be obtained should the matter be fully litigated.
No issue of liability was raised by Defendant. Minor/Plaintiff
had substantially recovered from her injuries by the date of her
second trauma, to wit, January 28, 1995.
7, Petitioner approves the proposed settlement because he
considers it fair and reasonable and it adequately compensates
minor/Plaintiff for the injuriee eustained and expenses incurred.
8. Petitioner further approves the proposed distribution
contained in the order form attached,
9, A copy of the medical reports of the treating
physicians, Richard M, Seldow, DC and Emily W. Matlin, DO, as
well as a copy of the report of Pennsylvania MRI Associates are
attached and collectively marked Exhibit B.
...
WHEREFORE Petitioner requests that this Court enter an Order
approving the settlement and compromise allowing counsel fees and
ordering distribution as set forth in the attached Order,
(
~ ;'
(/t't 1: )1- "'--......
P ti~ne~~ry Kotzmoyer
Respectfully submitted,
.c-...-
S. Friedman, Esquire
6 0 N. Second Street
Penthouse Suite
P.O. Box 984
Harrisburg, PA 17108
(717) 236-8000
pleading\kotzmoyer.pfl
~
VERIFICATION
I, Harry Kotzmoyer, hereby acknowledge that I am the
Petitioner in the within action; that I have read the foregoing
Petition for Leave to Compromise Minor'e Action; and the facts
contained therein are true and correct to the best of my
knowledge, information and belief,
I understand that false statements herein are made subject
to the penalties of 18 Pa,C.S, S 4904, relating to unsworn
falsification to authorities.
{/~~ /\~
Harry tzmpyer '
---..--
'-
'.. -'-
(
exhibit A
,
* ---
.,_~.-o_'"
\
I
!
''''/''-:'''b':~'':1C~1''''''t;!,-"~ft,~~~~,,t~_.~.
.
.
';~~~~~~1'\ltr~''-'',~T~'r~~rt:';~i!o''''i!~~~it!~rf1'11~~t~~i~~_j."
."".f
'-.,..--.~.-
i'
1
i1(~~~ .
'G) .~I~' II""" ""'.-'&'11"""
(
POWER OF ATTORNEY
AND
CONTINGENT FEE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS, That I, Harry
Kotzmoyer, father and natural guardian of Alison J, Kotzmoyer,
acting on my daughter's behalf, do hereby retain Friedman &
Friedman, P.C" of Harrisburg, Pennsylvania, as my daughter's
attorneys to negotiate for an adjustment, or to institute for her
and in her name or my name any legal actions or proceedings that
in their judgment are necessary, in connection with her claim for
damages as a result of injuries or damages sustained by her on
october 18, 1994 in an auto accident.
NOW THEREFORE, in consideration of the services so to
be rendered by our said attorneys, Friedman & Friedman, I hereby
covenant, promise and agree to pay to my said attorneys for their
professional services rendered, thirty-three and one third
percent (33 1/3%) of whatever sum is recovered, whether from the
party responsible for my daughter's damages, his insurance
carrier, or any other third party carrier, if the case settles
or forty percent (40%) if it is necessary to institute legal
proceedings,
I further agree to be responsible for all costs
advanced by Friedman and Friedman, P,C, on my daughter's behalf.
I understand that my attorneys will secure reports from all my
daughter's medical providers, as well as a copy of the accident
report if applicable, and that the majority of medical providers
charge fees for written reports and/or copies of medical records.
These fees will be payable by me at the time of settlement of our
accident case or at such time as it becomes necessary to
institute legal proceedings. I will also be responsible for
costs of proceeding in court if applicable, such costs to include
filing fees and costs of service by Sheriff or private process
server, In the event no recovery is made, or in the event I
substitute attorneys prior to completion of the accident case, I
agree to pay for all costs upon presentment of a bill.
This Contingent Fee Agreement and Power of Attorney
has been read, approved and understood by me and the receipt of a
copy thereof acknowledged. The terms set forth are agreeable,
f'~
~
(
IN WITNESS WHEREOF, I have hereunto set my hand and
seal this day of October, 1994,
I~
^,,,^,,
!k
accidwil:kotzmoye.fee
'" I
Exhibit B
-'.'
,----
-c--
,
;. --..
*.. O~ .".,. ......
,
v
L,
I
October I ~, 199~
REI ALISON KOTZMOYER
HISTOleY AND I:XAMINATIDN
AII.on Willi Involvlld In I motor vehicle Iccldent on 10/18/94 et 2115 In the
Ifternoon. She wa. the drlvlr of II vehicle proceeding Bouth on Rt. B3 It
the York Ipllt with 581. There woe In accident In the rlaht lene and
trlffle wn diverted Into the left 18no. A car cut In f..ont of hera end
.toppad and then procaeded on, She .Iammed on her brakes to ml.. the
clr thet Will cutting hiI' off Ind the person behind hcr hit hll brakel
and litopped In I eufflclent dlatlnce not to Impact her car, howDver, the
car behind that hit ttnl ellr behind here which Impaotod hor car, Sht> wall
wearing D seat bolt. Sh.. felt hilI' nllck hit tho headrest, but not her
"p.nd, Immedlatelv upon impact, she W8I thrown beck ward, forward and
then bDckwlrd Bgllln. Aftor thl Iccldent, Ihe felt bacK pilln throughout
her onUre blck. She donl'l any 1011 of ~on8clou&ncss. Sho wall eble to
move ull body plrte. A police report wall medo, ShA had 8 very reallou
11m. t"Vlng to IIle.p le.t night Ind today she hlls headache, back pain In
bl.th tho uppor and IowaI' baCk,: She also mentions that as soon III sne
stopped, her bock left the seat beck and she wos forwurd of the le.t
whcn Impact occurred, Therefore, there wal II doublo Impact pa.terlorly
',Ith her bock hlttlnO the .~pt and riding uj) tile eBet lInd then her neck
"vper"xtendlnll over the headrest,
She donies Iny plln In the low.,r extremities, however, hila .walllng and
IIchlllg In the 11'011 of her prior eplnel frocture at approxlmetely l.3, She
Coon fool pelpabl. .welllng In the erlll as well as spasm, She Is unllware
of any particular motion which hurts it more becauso she hasn't moved
much since tho accident. There II IncreBsed pressure liven with breathing
deeply. There 111'. no ...dlot1ona Into tho lower 8xtremlllAli from this. The
.copulllr 111"" or. al.o very pelnful. This includoli the medial Ilcapular
region as well as the scapular areas end superollcllpular reglone, She
hasn't moved this arll much Ilnce the eccldent 50 ~he 18 unowpre of any
pain which may be caused by mot/on, She mEontlona peln In tho lntoral
aspect of the orm to tho olbow end then thft medial i1spect of the llrm oil
the way down to the lateral aspect of the hand, Shc hilS tho limo pein
on the right OS the left, howftver, It is more Intonse on the loft, There
are no paIns beyond the wrlllts Into the hllnd,.
5ho h:ls Intonl. pain In the area of the right pOlterlor cervlclll region,
Sho also has pain in thc "ntorior ncck In the arell of thc llttachmente In
the upper chcst wall of the scolenos, She hasn't movlld her neck becauso
of the poln, She IItates thot It f..oll lomewnat boltar when ~he lies down.
howcver, sho still h811 poln and was unable to sleep htllt night becauso of
potn.
Her Borg Pain Scale Is filled out ancJ sho ratlll hel' pain III .. 9, 'the
Rlinsford Pitln Drowlng find' dull echo In th" back of her head, She h.1
pins and noodles In tha Icapular re~lons bilaterally al well 09 lltabbing
end burning In the cervlcothoraclc Junction lInd the upper lumbar regIon.
Therc Is also numbnllu In the enterlor lower up pCI' itrm r..glon bllllto....llv,
Examlnotlon finds a Ceu"R~lan fpOInill who Is 69" tell end welgha 160 .,
I
~
I
\.....
~
Paga 2
REI ALISON KOTZMOYIlR
HISTORY AND eXAMINAIION CONTINUt:O
10/1."4
Blood prcnure 10 11O/02mm of me..cu..y In tho ..Ight Il..m ea.tod. Pulao
"lite 10 !5 beoll pe.. mlnuto, C..o.. tondon ...f111xeo e' the bl..opo, t..lcepl.
brachial "adlalll, patella and Achilles ar.. all ralnd 00 Z'/4 IInd equal
bUaterally. "on .Iltlng Iltl'Oloht 'ell "0110 l:IIUIOIl pain lit L.3, Th.... II
IlIght weakness of the extonlor hDllucls longus on full hip f1elllon and
lhere I. 01.0 minima' weakno.. o( Iho flexorl 0' the toel on the loft.
Thoro II a q-/5 woaknoclI ef tho Ian quod..lc.pl, howovo.., thlt hamst..lnga
and hip flJxors are normal. The .eme tOil on the right ere negative,
Pin p"lck exam to tho Iowa.. Clxtreml"oo ,. normal. Thoro 10 a po.IUvo
at..alght lag ..01110 on tho len at abollt eOD with . vo..y IIt..ona'y posItIve
Dowltrlng'. Msneuver. Onnslen's Manauve.. CIIU." L3 pllln .1 wall.
Fabo..e Pat..ick'. Tellt caue.. pDln In tho bllck at LIon tho loft o. woll,
St..olght 1110 rlllae on the right lit 20. cause I L3 pain which Is not relieved
by knee flaxlun, Oaon.len'l Maneuve.. ond Fobe..e Patrick'" T08t on the
right a..o nogltlv., Thoro 15 mo..kud pain on palpatllln of t"O spinous
procell 0' L3, The,.e III phYllcel swelling o..ound thllt region. There In
Inc..eased plln on palplltlon of the ..Ight ca..alumba,.s. howevor. thoro 15
.p..m throug"llut tho pll..elumbar .....gl"n bl 1lt...III1V. The..p Is also marked
pain on palpetlon or the ..I~ht PSIS, L.umb.r nn!lcI of motion rind rlexlon
to 300, eKtenllun t. 10, ..Ight Ilte..ol flcK'on 10 60, left lot...al f1oKlon I,
qo, right rotltlon II 80, loft ..otfttlrm Is lUo, llllate..al Kemp'. Sign Cause.
pain Ilt 1.3. Toe walk Bnd hvel w..lk ..... perfo..med adoqualely, Palpation
or the ..Igk( ocopul... ..eglon rlnde ma..ked aw.lllnO 0' tho ..h"""bold mlno..
and the rhomboid malar II wall us Vlllbla Ilnd palpllble ~w"llIng of the
Io:vlltor IClpullr, The..e 10 1100 algnlflcent swelling of tho In(....plnatu5.
All of th... ..oglons are oqullly plllnful to Il/llplltlon, There Is mll..ked
pain on palpation at TB Ilnd 9 IPlnous proc:esSl:', There II also 10C:IUzed
tluue swelling of the lOft tiOOUOD a..ound thot ...glon. Th.... I, loft
t'uu. 5pasm 0' the uppe.. trap on the left and aenerally thrDUl1hout the
medial IIC1lpulllr muselel on tho left. Thll Is not al .onlltlvc II. the
Iwelllng and painful roglon. of tho ..Ight BCllpul... o..ea, Palpetlon of the
ce..vical spine finds large mlues 0' swelllnl1 In the mid ce..vh:ol ..aglon
anteriorly, lhe t..achal Is f..eely mov..ble end tho thyroid. palp.ta
no..molly, howny...., the..e Is la..o. ma..el of swelling beneath the thy..oldl
In the IrCII of the Icalllnes, These Ire exqulahely ten de.. to polpotlon,
All of the aplnoul p..ocon", In tho co..vlca' ..oglon o..n tonde.. to palpatllln,
how.vo~, C6 and 7 0..8 flxqulsltp,ly tender to palpotlon, Ce..vlcal ranges or
motion flndl flexIon to 180, \:xtl:nalon I. qo with mo.t of It occur..lng In
the uppe.. co..vlC:DI comploJ<, Right laterlll flulan 19 100. Left loteral
flexion I, 50. Rloht cervical !'otetlon Is q50 IInd left ce..vlelll roh.tlon II
Sq", Shoulder ranges o( motion o..e compl"te, however, cau.. ..ching,
C..lp Ilt..ength a. mOllllu..od with D Jaymor Dynnmometllr Is 35" rIght ilnd 26"
Inrt, plltlont I, right domln.nt.
X-..ave were t.ken of tho ILlmbllr spine InCludIng AP, laterlll IInd lotornl
SPOt, tho..aclc .plna Including AP Dnd 18tarol end ce..vlcal view., Aft...
thelo arc revlewod, I dl.cull5od th.. "Ignlflcllne" of tno .....ults of Alison's
'n)u,,'es with hath Alllon IInd he.. 'alher, I IIlau prl:5c..lbl:d D cou..se of
treotml:llt conal'ting of lupport end Ice fo.. 72 hOI..... Sho I.. tll keep thlt
~
--
.
u
~
I
I
I
I
I
I
Plloe 3
AE: AI.ISON KOT1MOVER
HISTORY AND EXAMINATION CONTINUED.
10/19/'"
lupport on uxcept when Ihe Is Ileeplng, The support II e loft cerylcal
collar, She II to Ice her neck both onte,.lorly and posteriorly while she Is
awoko. She I, put on . 10' IIfllno IImll IInd II not \0 tak.. Phy Ed for
two Wilko, On Frldoy, we will begin plcslv. ,..ngo of motion \0 beoln to
ol'Ollnlle the extravII.ted tlnues In her neck. Addltlonolly. we will u.e
po,itlye HVeS. Then. btl ullng paulve rellltlve ond Ihen Ictlve exercl'e
and active resistive. She will also be using e)(crclles at home for hel'
baCk liS hilI' condition warrant., RMS/cml
OCT 2 1 1994
Alllon Is no better, This II not at all lurprl,lng. She Is treated today
with po,'Uve IIVOS ond poulYI rango of mGtlon eXlrclsos, I then
In&tl'ueted her '.thAr In the prop.,. method of pClrformlng passive rMge of
motion exerclsol It home and give them strategies for thll. I 1m
Instructing them to continue Icing her neCk for ten mlnutOI out Of each
hour and to perform paulye range of motion three times II day wIth fillo
I'...potltlons pOI' I.t, If they h811e anv problems or question., they are to
call me Immediately. RMS/cml
OCT 2 4 1994
Alison" falher followed our Inlitruetlonll and applied lI;e to her nock and
also did the panlve rongo of motion GUl'erlel 011 weekend. She Is feeling
impl'ollAd today, We are removing her collar today and she Is to keep It
with her in tase she has any ruumptlon of her Iymptoms, If she does,
IIhe Is to put It blck on. She II treated tOday with liMP lInd mild
manage to tho upper beck, neck pOltol'lol'ly and neck .nterlorly,
Wodnolldoy, "'. will begin aetlve range of motion exercises using the
coller. RMS/cml
teru_
I om beginning Alicon on .ellve I'ehllbllllallvc elll'lrclses loday, These are
thn NerklUS type using Ihe Necksus prooreullle rllhabllltatlon and
resistance system. She Is going to do forward push, backWard pUBh.
right IInd left lalerol pushes u~ln\1 the week..st rulslenco and utlllr.1nO her
Cullar, She 10 to do thl. fol' flfteon ..eond~ In elle-h dll'ectlon using only
minimal reslstRnee Rnd to rut between each set, Before this Ihe Is un
liMP to relax her mUlcles, Today she Is treated with HMP and massage to
the neck both antoriorly and posteriorly and tllen we went Into tne
exercise room for th" Nuckllus progl'em, I domonstr"tlld thl' prooram for
her end hOd her domonltl'HIA It for me, After I milde corl'lIctl'lns and
dl~cuSSOd It with her I had her do ono SIt on hor Own, She soems to be
quite comfortable with thl" We will be prO!}rlll&lng Into flexion both
anteriorly ond posteriorly unll IlItt:ro!llly end rotation llnd then and up with
puuurel corrClctlYl! exorel.OI. She will bA wearIng her Collar when she
porCnl'ms thp. Initial set of exercises, RMS/ue
~
I
I
i
I
.. . . ....
''''''.~' ...J .V>J' r .IJCJ
~
~
Page "
RE: ALISON KOTZMOVER
~CT 2 . 1894 at'
VO'/M4
We are beginning vel' V mild cervlcll mllnlpulatlon, She Is treated with P
to A adJustm.nt of tho mid corvlool oplno whoro palpablo rllttr'ct'an I.
neted, Afterwards, reltrlctlon I. leu, FollowIng thll, HMP ra applied
and following thll she II performing her exercises. I observed her while
Ihe Willi doing them end ahe leeml to hive them well under control.
RMS/cml
IV 0 4 199.
AII50n II slightly Improved, HMP II admlnlatered IIgaln and aftor tnll Iha
do.. hor prelcrlbod ",x"'rolle.. RMS/cml
I~OY Ci 1 19Vt ~
MOV 0 9 lQQ4
,. Alillon has noted development of headaches, ConcomItant with these ore
pulna In the paracervlcal rogion end the letel'lll Olpoolo pnd Into tho upper
chut. This Is conslstont with the Involvement of the IClllenes, She had
Initial complaint of headllches with a component of antorlor scalene
Involvement Inltlallv after the IIccldent which Will reported In aUI' chart
notes at that lima, Since Sunday, .he ha. noticed thet thl. 1'101 worlened
and, Indeod, she w..n't able to go to .r.hool either MondllV 01' TUlllday
bRclluse of this, The neck pain Ind headaches dovelored slmultaneoully,
She has been up all night IIlnce SUnday. Thev ore I' around the clock.
She doesn't notice If they Ire effected by phVslcal exertion or position of
her head or neck. Pain Increases with cou!lhlng or Gnooalng. There III'.
no .ymptom. elCtendlng Into the shouldel's. al'ml or honds, There Is also
Increased aching in the lower cervical and upper thoracic region, She Is
,Iso noticing an increase In blurring of hor vIsion. She had one episode
01 double Vision Which IlIIted a few $"cond., She denies any dysphnla,
dysorthrlo or tlnnltull. Sho alao notlc:os II oeneral wftllknesl, She 1'111
difficulty standing for long periods. Cross tendon rotlexes of the biceps,
triceps, brachial radlllli5, plltelle end Achillea arB all ratod 81 2+/q and
equal bllatel'lIl1V, Grip "renght 118 mOOsul'ad with a JaV1ller Dynamometer Is
qO ppound5 left and q3 pounds right, pationl Is right dominant. Pupll8 rllct
normally to light .s well os nellr ond far vlson. Occulor motion Is normal.
The 80ft plllete raises normallv and tho uvula III In the midline, Tongue
pl'otl'ude. normallv, Her trops heve nOl'mll1 tone, Weber's Tese Is normal,
Finger to nose test Is normal, Romberg Teat is normal 80 In tandom
Ramberg, Toc wolk and haol wlllk .re "Iso norll1l1l. There II It III marked
sposm of the neck flexors bilaterally all the WilY down to the Insertion in
to the upper ribs, This Is even throughout the muscles and even
bilaterally, She h8S slgnlllcant poln un polpatlon of lublul<otlons at Cq
and C2 Ilnd I on the loft. Prossul'a on Ihllle causn. 1I10nlflcllnt IncrBllle
In her poln.
She II tllken into 0 treatment room ana HMP I, applied lu the anterior
neck flexors, Atter the sa are romoved In ton mlnutn5, eh" 14 ndJultCtd for
LPCS, LPCI Rnrf LPC2, After this, sho feols much more relaxed and 0
greatly incrl!8&cd rllnge of motion In her neck, Following thla, .ho Is
given positive lives to the postol'lor artlculllr (Ql:ctl end the pOltel'lor
I
I
I
I
I
I
I
I
I
.
I
I
I
.::-.........
(
(
Page 5
RE: ALISON KOTZMOYER
11/9/94 Con't.
cervical region, Afterwards,
nature of her headaches and
be present, she Is being
consultation, RMS/cml
she does Ceel much better, Because of the
to rule out any Intercranlal lesion which may
referred to Dr, Matlin for neurological
Nav I I 1994
Alison Is Ceellng significantly better than she was on Wednesday, She Is
treated again with positive IIGVS and then does her exercise regime under
my supervision and then I adjust her Cor LPC1, LPC2 and LPCS as well as
anterior thoracic adjustment, RMS/cml
NOV 1 4 1994
Alison Is Ceellng a bit beUer, She had one episode of dizziness on
Sunday, but this Is only brleC and transient, She Is treated today with
positive HVeS followed by LPC1, LPC2 and LPCS and this Is followed by
her exercise therapy, RMS/n'/,
tlDV 1 6 1994
Alison Is stili having a lot of posterior cervical pain, Her low back feels
much better. She now has a negative straight leg raise and although
there Is stili tenderness at L3, It Is not nelJrly as profound as before nor
Is there any spasm or swelling, Kemp's sign Is negative as well.
She Is treated with liMP
Additionally, we are giving her
theory behind this and let her
comfortable with It, RMS/cml
and she does her cervical exercises,
a cervical pillow to use, I explained the
try this In the oUlce and she seems quite
Nav I 8 1994
Alison Is unchanged, She is treated again with liMP and Collows this with
her cervical exercises, RMS 1 cml
'tIDV .3 0 1994
Alison Is unchanged, She was using the exercise tubing protocol at home
while the oUlce was closed temporarily. Now she Is back on the system
O and performs It today In the orrtce, RMS/cml
EC a 2, /994
Alison Is slightly beUer. We are starting to have her exercise without
the collar and we are adding rotation as well as anterior and posterior
translation, She is also treated today with liMP and upper cervical
adjustment. RMS Icml
DfC 0 5 /99
ADDEI'mtM: Alison has he unahle to wnrl\ at her regular job since her
accident, She Is a produce clerk at a supermarl\et. This requires her
~
,..__':t.,-
(
Page 6
RE: ALISON KOTZMOYER
December 5, 199q "continued"
to pick up cases and carry them around, Because of her current status
she Is unable to do that, Ilowever, letting her work one day a week
where she just has to move Individual produce Items. RMSlbaa
DEe 0 5 1994
Alison Is doing better,
regime, RMS/cml
She Is treated with liMP followed by her exercise
DEe 0 9 1994
Alison continues to Improve. She Is treated today with 11MI' and this Is
followed by her performing her kinetic activities, We will re-evaluate her
next week. RMS/mh
,DEe p~eW~lr 12, 1m
RE-EV ALUA nON
RE: ALISON KOTZMOYER
Alison fills out her Oswestry questionnaire which Is graded 22 out of 90.
This Is slightly worse than It was the lost time at 19 out of 90, Her Borg
pain scale has her rating her pain as a 6 this time, The last time, It
was a 9, She stili notes the same areas as before as to the areas of her
pain.
Palpation finds spasm of the scalenes still present, however, It Is not as
rock like as It had been, There Is still significant spasm In the left
upper trap and In the parathoraclcs but these arc much less than they
were when last we checlted, Iler anterior head carriage has Improved
remarkedly, Cervical ranges of motion find flexion to 220, extension Is
100, right lateral flexion Is 180, left lateral flexion Is 200, right cervical
rotation Is 700 and left Is 710. Iler motions are far more fluid than last
time we re-evaluated her, Shoulder ranges of motion are normal,
however, bilateral extension causes thoracic aching. Grip strength as
measured with a Jaymar Dynamomoter Is 70# right and 60# left, patient Is
right dominant,
Discussing this with her. I find that she has frequent pain In the anterior
neck fiexors 011 the way into the upper chest wall. Occasionally, there Is
recruitment of muscles In the mid chest at'ea as well. The pain In the
back Is In the area of the medial scapular and scapular muscles and Is
more diffuse pain than that In the front.
The lumbar region only bothers her occasionally,
Posterior plumb line exam is normal, Palpation of the lumbar spine finds
spasm of the left paralumbars and the right hutloclts. Ranges of motion
of the lumbar spine ore eull and complete and without restriction, Toe
wallt and heel walk are normal, Straight leg raise Is normal,
(
Page 7
RE: ALISON KOTZMOYER
Rfter the evaluation. Alslon Is token luto a treatment room and placed
supine and hot packs ore put on her neck nnd upper chest. After this,
I reviewed her exercises with her, Currently, she Is doing flexion,
extension, right lateral flexion, left lateral flexion as well as bilateral
rotation and anterior and posterior translation of the cervical region. She
Is doing these quite freely and therefore we are Increasing the reslstence
on the Nexsys Device by approximately 25~, She Is to lower the number
of repetitions and she will begin this today, I observed that she did this
and she seemed to be able to do this relatively easily. I told her not to
force It and If she has any problems to contact us Immediately. RMS/cml
DEe I 4 1904
Alison continues to Improve, She Is treated with liMP and she perfol'ms
her therapeutic exercises, RMS/cml
JAN 0 ~I~n has been vel'Y busy due to the holidays. however, has had
Incl'eased aching because of her absence fl'OIn the office, She Is treated
with liMP and ultl'asound to the shouldel's and back as well as neck and
this Is followed by TPT to the Infl'aspinatus bilatel'ally and she thereupon
does her exercises, RNS/cml
JAIl 1 J l~nf.
Alison is feeling Impl'oved, She felt belleI' after we saw her the other
day. She has more flexibility In the muscles and less spasm In the region.
She Is treated with liMP and TPT as well as CMT to the area. She,
thel'eupon, proceeded to pel'fol'm her exercises, RMS/cml
1/13/95
Alison Is much belleI', She can notice that hel' condition Is impl'oving
since she has been back under care, She is tl'eated with liMP and soft
tissue manipulation followed by vel'Y mild manipulation and her exercises.
RMS 1 cml
JAN I ~ 1995
Alison continues to Impl'ove,
exercise pl'otocol. RMS/cml
Today. she Is receiving liMP and does hel'
'JAN , 8 1995
Alison Is continuing to improve, We are Increasing the resistance on her
exercise device to a 3 from a 2, This Is certainly an excellent
progression, She Is treated with liMP and then following this she performs
hel' exercises, Next time. we will schedule her for are-evaluation.
RMS/cml
tIN4 ~ 0 19l1)
Alison Is continuing to show grndunl progressive improvement,
tl'eated todny with liMP nnd performs her exercises as prescl'lbed,
be re-evaluatlng her next time, RMS/ncs
She Is
We will
. ---,
'<
~
(
Pone 1\
RE: All SON KOTZMOVER
JAN 1 ~ 19m)
RE-EVALUATION
RE: ALISON KOllMOYER
Alison rates her pain as a 3 and a half on the scale of 0 to 10, (Borg
pain scale), The Ransford pain drawing reveals that she has pins and
needles In the lower anterior cervical region and dull ache In the upper
chest wall anteriorly, She also has stabbing and pins and needles In the
shoulders and upper traps as well as the scapular regions bilaterally,
lIer neck appears to be Improving however the shoulders arc not. We going
to be giving her exercise tubing for shoulder rehabilitation, She has
avoided lifting because she states that It clluses her shoulders to Increase
In aching,
She still has pain along the cervical parasplnals posteriorly, Its unaffected
by position, Neck position docs not llHeet her shoulder aching, There Is no
change \'11th coughing or sneezing, Pain docs not \'lake her up at night,
There arc no radiations Into the upper extremities of pain, weakness,
numbness,
Examination finds that her spasm In the neclt has diminished. There Is stili
focal spasm In the left and mid cervical I'eglon both anteriorly and
posteriorly. There Is tenderness to palpation on the transverse process em
the left of Cq and 5 as well as 6, There Is also pain on palpation of the
spinous processes of these as well as C2, There Is mild tenderness of the
peck major and minor bilaterally, There Is spasm In the upper traps and
low to moderate of the Infraspinatus and thoracic parasplnals, There Is
tenderness on palpation of the scapular and medial scapular muscles as \'Iell
as the upper traps, Cervical ranges of motion find flexion to 20 degrees.
extension is 8 degrees. right lateral flexion is 10 degrees and left lateral
flexion Is 15 degrees. right cervical rotation Is 50 degrees and left Is 56
degrees, Shoulder ranges of motion m'e normal however cause aching In
shoulder joints and upper traps, Muscle testing at the rotator cuff finds It
to be strong, Gross strength Is mellsured with a Jaymar Dynamometer as 55
pounds on the right and 119 pounds on the lefl. patient is right dominant.
Posterior plumb line exam is normal, Lumbar ranges of motion are full and
completc with flexion to 100 degl'ees, Kcmp's sign is negative, Toe walk and
heel \'Ialk arc normal, "Gross tendon reflexes of the biceps. triceps,
brachial radialis, I'atellll--and- Achilles aI'e ell '1"Ot- 5 2./Q and cqual
bilaterally, SiUing straight leg raises arc normal and there Is good extensor
hallucls longus strcngth bilaterally,
It appears as though the cervical spl'ain/straln is resolving nicely, She has
developed a sccondary strain of the upper traps and shoulders, This may
be primary hOl'levcl' duc to the scvel'ity of the neck injury it \'/as never
full Investigated before this, She is therefol'c going to be given excrclsc
tubing for the shoulders today, She is going to pcrform a Zlnovleff
Technlquc protocol. She Is to perf 01"111 these 3 days a weelt, I reviewed the
thr.ory behind thc r.xcrcise tubing and ho\'l it is to be performed, I
demonstrllted it fOl' her IInd had hOl' demonstrate it for me, She is to start
out with light rcslstance ami pro~JI'ess as she is able, She is also to
continue liMP and exercise hcre so long as shc notices improvement.
She is treatr.u in the orrlce with II~'P and C~1T followed by her perfol'minCJ
her exC'rr.lsos, RMS/scw
;.~'"' .
(
(
.. ....... ............."....~..................~~~.rJ.!...!....!I.L..t -~ ....~.~" 'l","".'-"~ I fir tL &..,.
.. __...........................................,.,........,r.. ...:...:.., ...:.'. o;................"I,..:rt'~..I.. ~ ~I I . ~..,~L liP .~ ~. --...
............. ..............................................o;Ji'...............IO...........!.!,~,!:~:'t~.".~
I'oge 0
RE: ALISON KOTZMOYER
JAN 2 7 1995
Alison had a follow-up consult with Dr, Mallin yesterday,
states that she has started her exercise tubing, She states
that she Is getllng the hang of It. We will treat her today
her cervical exercises, RMS/cml
She further
that she feels
with liMP and
RICHARD M; SELDOW, DC TEL:I-717-774-5386
Dee 12.94
(
12:52 No,004 P,02
December 1, 1DDq
RICHARD M. SELDOW, D.C., C.C.S.P.
Ms. Kimberly S. Acrl
FRIEDMAN & FRIEDMAN, P. C.
soo N. Socond Streot
Penthouse Suite, P.O. Box 98q
Harrisburg, PI. 17108
BY FAX TRANSMISSION 230-8000
RE: ALISON KOTZMOYER
Dear Ms. Acrl:
Alison Will flr.t selin In our office on February 11. 1991. She W88 In an
accident the Sunday before Christmas of 1990. Her mother wes driving a
car that WIIS proceeding through an Intersection and was struck In tha
front left. Alison wa. sitting In the right rear. The car spun around
end tipped over with the right Ilde down. Sho folt a jorklng at tho tlmo
and had pain ever since. The pain was elong the posterior longitUdinal
ligament from C7 to the occipital base. There was also pain In the entire
upper back, lower thoracic Ind upper lumbar regions, She had Increased
ncck poln with ony motion of her ncc:k, She had some tronlllent numbnelll
In the volar aspect of the arm, forcarm ond hondo however. this subsided
quite quickly. She denied any loss of grip strength. Since the accident,
she had constant headacho..
Examlnetlon at that time found ep..m to the left of C3 through T1
Inclusive which was painful to palpation. There was also swelling present
end .pasm of the anterior scalenes bilaterally, slightly more on the left
than the right with spasm of the left sternocleldomBStold. The left upper
trop exhibited rock like hardnen and there WDS moderate spasm on the
rlcht. The rhomboid meJor on the left exhibited orAllt IIJlIISm end the one
on the right lesser spasm. Croll tendon reflexes were normal. Cervfcal
ranges of motion found flexion to 180, extension to 190, right lateral
flexion to 210, left lateral flexion 28", which caused homolateral upper trap
pain. Right cervical rotation Is 7qO and left I. 750. Rang.. of motion nf
the shoulder Joints were within normal limits and grip strength was
adequate at 2S pounds bllaterelly, Ocular motion was normal and the eyes
converge normally, There was a slightly positive Weber's Test laterallzlng
to the right, The remainder of the cranial nervea teated normally.
Examination of the lumhar spIne revealed spllsm In the left flank from Lq
to LI. Lumbar range. of motion werll 50. of flexion with paIn at L3,
right lateral bending normal less 10% and slightly more restriction In left
lateral bending. Rotetlon was normal bilaterally.
X-rays taken on that date revealed "flattening of the normal cervical curve
with restriction of flexion and extension secondary to a severe soft tissue
trauma" .
Her diagnosis wag OU7,O, 723.2 (cervIcal sprain/strain, cervical cranial
syndrome) ,
.5' BRIDOE STREET NEW CUMoeRLAND, P&NNGVLVANIA 17070.1 DaD TIL.~"ONI 17171 7.,..1I37a
r'^,.. Nu. ("7 t 7) '7.,.04 :J:tOD
..............
RICHARD HI SELDOW, DC TEL:1-717-~74-5~86
(
Dee 12,94
(
12:54 No,004 P,03
Paoe 2
MS. KIMBERLY ACRI
RE: ALISON KOT2MOVER
Her treatment consisted of ultrasound after the application of HMP and eMT
as well as ROM exarclses. Alllon was .een on a taperad basis until
Auguot 21, 1991. At that time, she had full range of motion of her low
back and cer\(lcal ....Ine. H.I' grIp atl'ength WOI 40 poundl on the right
and 30 pounds on the left, patient I. right dominant. She was completely
pain free with no palpable .paam In her neck and back. She wal doing
her exercises regularly. Shoulders were void of any spasm. She was
deemed completely rocovel'ed from her accident of 12/23190.
She returned the next week (August 20, 1991) after I received an
emergency call from her mother stating that her daughter was In school
end had her erms wreppod around herself In a hugging appearance and
someone grabbed her from behind and Jorkod hor ceullng her to lurch.
She had severe pain to the area JUlt left of L2 and 3. She olio had
Immediate pain In both legs. I took x-rays at that time and found a
fracture of the spinous process at L2. She was referred for orthopedic
consult.tlon which wel performed on Septcmber 13, 1991. Or. Greene, the
orthopedic surgeon. reviewed the films, examined Alison and concurrod
with my diagnoses. He referred her back to me for follow-up care. She
was treated In the office with a braca, HMP and ultrasound. Sha was
tl'eatcd with ancillary modalities exclusive of manIpulation. She continued
to Improve until May whon she had an elCacel'batlon of her back pain
which took about two weeks to resolve. She was not seen aoaln until
December of 1992, when she had an exacerbation of back pain with no
sIgn of any additional fracture. She was troated with HMP. ultrasound
and traction and Bho waB given e"ercIBos. She was not seen again until
Septembar 23. 1993. when she was playlno tennis and axacllrbatlld he..
back pain. X-rays taken of the low back were normal. She was diagnosed
as having a lumbar spraln/straln and was seen from Soptember 23 through
the end of October at which time she was allowed to return to Phys Ed
and r",sume her normal actlvltlos.
I did not see Alison after November 3, 1993, until she entered our office
on October 19, 199q after becoming Involved In the motor vehicle eccldent
of Octobol' 10, 1994.
Alison entered our office on October 19, 199Q, stating that she was tho
driver of a vehicle heading south on Rt. 03 at the York Split with SR501,
Thore woa an accident In the right lane and trufflc was diverted to tho
loft lone. A cer cut In front of her8 and IOtopplld Gnd then proceeded
on. She slammed on her brakos to miss thllt car and the person behind
her hit his brakes and stopped In sufficient distance not to Impact her
car, however, the car behind that hit the car behind hers which Impacted
her cor. She felt her neck hit the headrest but not her head.
Immediately upon Impoct, sh", WAll thrown backward And thon forward and
then backward again. She states that as she stopped suddenly, her back
left the scot end she was thrown forward of the soat and then the Impact
:""':
RICHARD M.' SELDOW. DC TEL:1-717-774-5386
(
Dee 12,94 ,,1-2: 54 No, 004 P, 04
(
Paga 3
MS. KIMBERLY ACRI
RE; ALISON KOTZMOYER
occurred forcing her back agalnlt the leat caullng II double Impact
pOlterlorly with her back hitting the .ellt. riding up the seat with her
nel:k hyperextendlng over the headrelt. After the accident, Ihe wal able
to mova all body parta, howav.r, Iha h.d a very ruUa.. tlm. trying to
sleep t"'at night and entered our office with a profound headache and back
peln In both the upper end lower beck.
She denied any pain In the extremities, however, had swelling and IIchlng
In the area of her prior spinal frecture at L3. She was unaware of any
partlculer motion which would hurt her beck end neck because she tried
not to move et ell. There wes Increased prenure even with breethlng
deeply, There were no radiations Into the extremltlflll, The acapular
.reAI were very pnlnful Including the medlnl scnpulllr and lIuperollcapular
areas. She elso had pain In the leterel aspect of the erm to the elbow
end the medlel aspect of the arm all the way down to the lateral aspect of
the hand. She had the BlIme pain on the right liS the left, however, It
wel moro Intonllo on the left. There wnl no pain that extended beyond
the wrist Into the hands.
She had Intense pain In the area of the right posterior cervical region and
also pain In the anterior neck flexors from their attachment on the opine
to the upper chest wall. She hadn't moved her neck beclIuse of the pain,
however, atates thDt she would have some mild relief when 8he would lie
down resting her neck. Even when she was lying down, 8he had that
much pain that she was unable to sleep thlt night.
She rated her Pllln as a 9 on a sCDle of 0 to 10 with 0 being no pain and
10 being a severe emargency type pain.
Examination found grollll tendon reflexes to be z+/q and equal bilaterally.
Thoro was IlIght weakn... of the extenRor hallucls lonous on full hip
flexion and minimal weakness of the flexors of the toes on the left. There
was II 11+/5 weakness of the left quadriceps femoris over the hamstrlnga
and hip flexors lire normal. The seme tests on the right werfl negative_
Pinprick exomlnatlon of the lower extremltlos Will normlll, There was II
positive Itraight leg raise on the left at about 600 with II very strongly
positive Bowstring's Maneuver. Cacn,len's Moneuver and Fabere Patrlck'a
Test all caused pain at 1.3. Straight leg raise on the right at 200 cau8ed
1.3 pilln whIch wos not relieved by knee flexion. There was morked pain
on plllpetlon of the spinous pI'OCf!9!l of 1.3 with nbsorvable swelling around
It, Lumbar rangos of motion were flexion to 300, extension to 10, right
lIteral flexion 60, left latoral flexion 110, right rotation 80, left rotation
100. Kemp's Sign cDused pain at 1.3, Toe walk nnd heel walk were
performed odequetoly.
Palpation of the right scopular regIon found marked 8welllng of the
rhomboid minor ond major as well a8 visible and palpable swelling of the
levetor scapula. There was 01110 Ilgnlflcont swelling of tho Infl'allplnlltus.
RICHRRD M, SELDOW, DC TEL:l-?1?-~?4-5386
(
De c 12,94
(
12:54 No,004 P,05
Pogo II
MS. KIMBERLY ACRI
RI!, ALISON KOTZMOYElR
All these regions were painful to palpation. There was marked paIn on
palpation of TV ond II oplnour prollouor Th.r. 11111 Illn Inr.lh.r1 Inft
Ll__u" _",,1111111 III Ll.v.." '''lIluIID. '1'1,,,,,, "aD DI"".,I'. gf Ll\l. U~IH.I' tl'ap '""
the left and generally throughout tho medllll Ilespulsr muscles on the left.
This area was not as sensitive "as the swelling and painful region. In the
right scapular area. Palpation of the cervical spine found large masses of
swelling In the mid cervical region anteriorly. The trachea wes freely
movable and the thyroldo palpated normally, however, thoro ware large
malles of swelllno beneath the thyroids In the area of thl! scalenas.
These were exquisitely tender to palpation. All tho spinous processes In
the cervical region were tender to palpation, however, C6 and 7 were
exquisitely tender. Cervical ranges of motion were flexion to 100,
extonslon to qo. (wIth moat of It occ::urrlno In the upper cervical complexl.
right lateral flexion 100, left lateral flex.lon 50, right cervical rotation liSo,
left cervical rotation SliD, Shoulder ranges of motion were full and
complete, however, caused achIng. Grip strength n measured with e
Jeymer Dynemomctor wes 35 pounds right end 28 pounds left. pllthlnt Is
right dominant.
X-rays were taken of the lumbar and cervical spines. The lumbar spine
wes negative for recent trauma, The cervical IIplne was nogatlve for
fractura, however, thet'e waa marked restriction of flexion and extension
with swelling of the lower cervical soft tissues.
She was diagnosed with eQ7.0, e1l7.1, eQ7.2, end 729.1.
I discussed the results with Alison and her father. I prescribed a course
of treatment consisting of support and Ice for seventy two hours. She
WIIS put on a 10' lifting limit and not to take Phy Ed for two weeks,
Three days later. she wall begun with passive range of motion to organl:re
scar formation. She WIIS IIlso treated with positive HVCS, I Instructed
her father In the proper method of performing passive range of motion
exercises at home so that he would be able to perform It out of the
office. She was also to continue u>>lng Ice on her neck for ton minutes
out of caeh hour. She Will then progr'Qued to plt"Rlvl! resistive exercise
Rnd then active exercise followed by active resistive exercises. By
October 26, I began using IIctlve reslstlvc exercIse with her using a
cervical collar and to flex at the waist with the rellstance agelnst her
head In a forward push and a bockwlIrd push as wall liS rIght Ilnd loft
lateral pushes using the wClIkest roslstllnce. She was given HMP
beforehand to relllx her muscles, She started doing this and progressed
relatively well. On November 9, she noticed the development of heudsche5
and concomitant wIth theso wer'e pains In the cervical roglon, Thoso were
so sovOr'o that sho WIlS unable to IJD to school for two days, They caused
paIn all around the clock and were not relieved with rost, They were
worse with physical exertion or change of position of her ',ead or neck.
Trey alsQ Increasod with coughing or sneezing, Tharo were no radlntlons
o paIn Into tne arms or hllnds. She had one episode of double vision
whIch losted a few seconds, however, she did notice blurring vision on
RICHARD M; SELDOW, DC TEL:I-717-7.74-5~86
Dee 12.94
(
12:54 No,004 P,06
Pogo 6
MS. KIMBERLY ACRI
REI ALISON KOTZMOYER
and off. She had no dys/lhasla, dysarthria or tinnitus. She noticed a
generalized weakness. She had difficulty standing for long periods.
Gross tendon reflelUII weru normal aa waa her grip .trongth. Hor puplle
roactod normelly to light ee well .e nul' and far vlelon. Oculllr motion
Will normal and' her loft plllte raised normally with her uvula In tho
midline. The tongue protruded normally end her upper trap tone Was
normal. Weber's' Test was normal as was her finger to noee toet.
Rhoumberg'. Teet was normal oe wae tandem Rhoumberg. Toe wlllk and
heel walk were normal. There Was marked spasm In the neck f1elCors
bilaterally all the way down to their attachmant to the upper ribs. She
wes referred to Dr. Matlin for neurological consultation. Dr. Matlin had
an MRI parformod which Ie normel and eho aleo hod an EEe performed
whIch w.e normlll. ,Her Impreulons were thllt "Alison's history Is
suggestive of post traumatic muscle contraction type cephalalgia with
cervical myof8&clal paIn on the basis of whiplash type InJury", She wes
treated In our office with HMP and eMT, Sho hae progroued well doing
har exerclsos, however, It Is of noto that she hRS a reoulllr Job as a
produce clerk at a supermarket. She has been unable to do this because
of the lifting requirements and the damage to the neck and upper back.
She Is only able to work one day a week and then .he Just basIcally
move. Individual Items of fruit Ground rather than carrying cu.. of fruit.
Alleon Is now doing her exercises quite well, She Is doing them regularly
and happily. She Is recuperating well and I expect her to make full
recovery within about six months, At that time, I will determIne what
Impairment she may have.
If you have any further questions regarding this matter, pleese do not
hesitate to contact our office at any time.
.e;
I. .........".
(
(
RICHARD M. SELDOW, D.C., C.C,S,P.
February 2q, 1995
Kimberly S, Acrl, Office Manager
Friedman & Friedman, p.e.
600 N, Second ST,
Penthouse Suite
P ,0, Box 90Q
Harrisburg, PA 17100
Re: Alison Kotzmoyer
Dear Ms Acrl:
I am going to enclose a copy of our chart notes from December 5, 199Q
through and Including January 27, 1995, I performed a complete
re-evaluatlon on January 23, 1995, You will note that her pain level was
down to a 3 out of a scale of 0 to 10, She was really coming along quite
well and we were going to begin goIng full speed Into her rehabilitation
and revel In her returning to good health and the normal life of a bright
and energetic teenager, I trust that the Information found in these notes
will answer your questions. If they do not please feel free to either call
or write us and we will comply with your request.
Sincerely,
431 BRIDGE STREET NEW CUMBeRLAND. PENNSYLVANIA 17070.1929 TELEPHONE C717) 774.:5376
FAX No. ('17. 774.5386
4 ....~ __ ~,__......-
" ,
" ,
(
I
DATB OF TEST: 11/29/94
BEOI: 283
EXAMINER: Dr. Emily Matlin
RBPORT:
Age 16. On 11/29/94 a 16-channel EEG is recorded, and the patient
is reported to be alert and drowsy during this recording. The
waking background of this recording consists ot a stable Alpha
activity at 10.5 cycles per second seen to occur symmetrically
between the hemispheres. Amplitudes are maximal posteriorly at
50 microvolts. Eye opening symmetrically attenuates the
background. There are episodes of dARynchronl.?l\tion of the
background compatible with episodes of physiologic drowsing. There
are no asymmetries, focal abnormalities, or specific seizure
discharges identified. Hyperventilation demonstrates a generalized
gradual buildup of higher slow wave activity which is within normal
limits at this age. A simultaneous EKG rhythm strip demonstrates
a sinus rhythm with a heart rate of about 72 beats per minute.
IMPRESSION:
EEG within normal limits in the awake and drowsy states.
COMMENTS:
The absence of seizure discharges during this recording does not
rule out a seizure disorder clinically. Clinical correlation is
.....required.
EMILY MATLIN, DO
Electroencephalographer
Dictated:
.Transcribed:
Filename:
11/30/94
12/01/94 15:58
ak-ee-em, bat
cc:
Dr. virginia williams
Dr. Richard Seldow
431 Bridge street
New Cumberland, PA 17070
E E 0
REPORT
KOTZMOYER, ALISON
MRI: 2011617
PTI: 70074836
ADMISSION: OUTPATNT
/
COMMUNITY GENERAL OSTEOPATHIC HOSPITAL
4300 LONDON DERRY ROAD
HARRISBURG, PENNSYLVANIA 17109
EMILY MATLIN, DO
,
c
I
., ,
(
r
~"";t.W +/it-7,;D.a
E U R 0 LOG v
~24 londondtotry IIood MP 101
HomlbV'9 PA 17109
17171 ~~ 4214
F
N
c
T
C E
o
p
R
A
December 16, 1994
Ms. Kimberly S, Acri
Offic. Manager
Friedman & Friedman, PC
600 North Second Str.et
Penthouse Suite
P,O, Box 984
Harrisburg, PA 17108
ReI Alison Kotzmoyer
Dear Ms. Acril
This letter is in response to your communication dated December 13,
1994 regarding Alison Kotzmoyer. Alison waa referred to this office by
Dr. Richard Seldow and was examined on November 28, 1994 regarding
complaints of headaches and dizziness following a motor vehicle
accident which occurred on 10/18/94. The patient had pain in her neck
associated with headaches and dizzy spells following this accident.
She had not had these symptoms resolved with chiropractic treatment.
Her neurologic examination was benign, Diagnostic studies including an
MRI of the brain and EEG were both performed and were within normal
limits,
Alison was scheduled for a second follow-up examination on 12/7/94 at
3130 p.m. The patient cancelled her appointment on 12/7/94 at 12110
p,m. stating she vas sick and vould reschedule. To my knovledge, she
has not rescheduled this appointment as of this time. Folloving my
initial examination and review of her diagnostic studies to date my
impression is that Alison suffers from muscle contraction type
headaches on the basis of a cervical myofascial injury (whiplash). I
suspect her symptoms of dizziness and visual disturbance are most
likely due to myofascial pain rather than structural CNS pathology, As
her myofascial symptoms resolve, I would anticipate improvement in her
symptoms of dizziness and visual disturbance. At this point, I do not
feel I can advise you regarding a prognosis as I have only seen this
patient on one occasion.
Please contact me if additional information is required in the future.
Sincerely,
~~ l,.wr~\-u,)
Emily j' Matlin. 0,0.
lranscribed by J,M, Luchi
Dictated/Not Read
c!l-~~
'll.r-
't>~
. ,.
t ...
(
("
n PENNSYLVANIA
MRI ASSOCIATES
2645 North Third Street 0 Horrlsburg, PA 17110
(7171762-2900
DATE,,;.t1
December 1, 1994
SOCIAL SECURITY NO, '
IGL-69-9496
NAME
KDtzmoye~, Alinon J
STREET
9J Pleasant View
CITY
New Cumbe~land
AGE LOCAnON
16y OUTP
PHYSICIAN
!o:'TI11y W Metl1n, DO
PROCEDURE COOES:
7r.\~,~1
TERMINOLOGY:
HIH. Bnl1n
DATE OF SERVICE:
O~~pmbe~ J, 1994
r'II'.ln ~
Te~~ace
tafA'tI!;O:..:I:rtl~J
FA 17070
Il("TURY.
Sixteen yea[' old female involved in an MVA on 10/18/94,
Patient now complains of blu~~y vision bilaterally an.j
headaches,
I MPnnfltlION.
Normal HRl of the brain,
P"I,SE SEQUENCE, 6a\31ttal Tl,
Axial Tl, proton density, T2, MPGR, and SPGR,
,'l.lrIMF:NT.
Thp.~e Is no evidence of an int~ecereb~lll hemo~~hage, There 1\[1' ,,:
. Kt,rn-axlal fluid collections, maeses, or cerebral edema, The ventrlrLaq
PIa or normal size and symmetry, The brain pa~enchyma is no~mal,
: l....A).,...---
James W War~en, HD
. /
.. ~1 Ll-\- " ,
Richbr~ LogeR, HD
,J\4W/nte Radiology Residp.nt
CONSULTATION REPORT PENNSYLVANIA MRI ASSOCIATES
., ,
January ~7. 1995
Richard H, Seldow, D.C,
431 Bridge Street
New Cumberland, PA 17070
Rei Alison Kotzmoyer
Date o~ Birthl 12/2/77
Date o~ Examination I 1/26/95
Dear Dr, Seldowl
Alison reports she has been !eeling much better, She has very "minor
headaches.. These occur approximately twice weekly and last ~or a
maximum o! an hour, This usually occurs a!ter she makes some ohange in
her cervical exercise regime. She is able to obtain relie~ with one
over-the-counter dosage o~ either Ibupro!en or aspirin. She has had no
~urther episodes o! dizziness and her severe headaches have completely
resolved. She is haVing no problems with new symptoms. She is
tolersting her activities at work and at school. Her EEG and MRI
per~ormed in November both were within normal lim1ts. She has no new
or additional concerns,
On today's examination, Alison weighs 168 pounds, Her blood pressure
is 100/70. Funduscopic examination 1S benign, Cranial nerves are
intact, Strength and tone o! all tour extremities is normal, There are
no sensory or cerebellar de!icits. Deep tendon re~lexes are symmetric.
Alison is to continue with her current regime under your auspices. I
would be happy to re-evaluate her at any time in the !uture at your
request,
Thank you ~or allOWing me this opportunity to participate in the care
o~ your patient,
Sincerely,
Emily W, Matlin, D.O.
transcribed by J.M, Luchi
Dictated/Not Read
~.
Richard S. Priedman, Esquire _ ~ ~~
For the Plaintiff ~ 0
g- /~, Ic;J-'
".8p.
ALISON J, KOTZMOYER, I
A MINOR CHILD, BY HER FATHER I
AND NATURAL GUARDIAN, I
HARRY KOTZMOYER, I
Plaintiff I
I
V. I
I
CHARLES P. RATCLIFFE, JR" I
Defendant I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-4211 CIVIL TERM
IN REI FUNDS WITHDRAWN FROM MINOR'S SETTLEMENT
ORDER OP COURT
AND NOW, this 15th day of August, 1995, after
hearing, the Court authorizes Harry Kotzmoyer, the natural
father of Alison J. Kotzmoyer, to apply the sum of $1,420.00 to
the Arts Magnat School, which will be a tuition payment for
Alison, and the Court further directs then that the balance of
$8,630.00 less the $1,420.00 then be deposited in an insured
savings account as set forth in the original order,
By the Court,
H
mal
~
:c
~
....
...
en
~.l'-'
....
.-X..
t.ol~.)J:-J _
Uz~";.r.
"::000.(
",-.:::;0.-
n'_-__t
<:. =i:i;
. ~::r:
, h).r
.:' ,::1 (. ~
. ~
'0. ;]
.'
-
'"
...,
=>
~