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152 KC Request for Conference re DME3 - Supp Dec BurchukR

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152 KC Request for Conference re DME3 - Supp Dec BurchukR Powered By Docstoc
					Case 1:07-cv-00026-0VWV-TAG

Document 152

Filed 06/03/2008

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Mark A. Wasser CA SB #060160 LAW OFFICES OF MARK A. WASSER 400 Capitol Mall, Suite 1100 Sacramento, CA 95814 Phone: (916) 444-6400 Fax: (916) 444-6405 E-mail: mwasser@markwasser.com Bernard C. Barmann, Sr. CA SB #60508 KERN COUNTY COUNSEL Mark Nations, Chief Deputy SB 01 1115 Truxtun Avenue, Fourth Floor Bakersfield, CA 93301 Phone: (661) 868-3800 Fax: (661) 868-3805 E-mail: mnations@co.kern.ca.us Attornevs Peter Bryan, Jennifer Abraham,

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vs.

JADWIN,
Plaintiff,

) Case No.: 1:07-cv-00026-0WW-TAG )

) DECLARATION OF ROBERT ) BURCHUK, SUPPORT ) INDEPENDENT

) ) ) ) Defendants. ) Date Action Filed: January 6, 2007 ) Trial Date: December 2, 2008 ) ) ) --------------)

et aI.,

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DECLARATION OF ROBERT BURCHUK, M.D. IN SUPPORT OF INDEPENDENT PSYCHOLOGICAL TESTING OF PLAINTIFF DAVID JADWIN

Case 1:07-cv-00026-0VWV-TAG

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I, Robert Burchuk, M.D., declare as follows: 1. I am a physician licensed to practice medicine in the State of California. I have personal knowledge of the facts in this Declaration and can testify competently to them if called as a witness. 2. I graduated from Boston University in 1982 with a combined BA - MD degree. My clinical training consisted of a residency in psychiatry at George Washington University Medical Center, Washington, DC, from July 1982 through June 1986. I was the Chief Ke:SldJ:nt, uepartmient of Psychiatry, Inrlatlent Service, at
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'V,,-,vq,;,-,

VIti asJh.mgton University

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from July, 1985 through June, 1986. My llc(:;nsure and certifications include: Board oflVleolcal

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N o~/emlber 1

lam

Association. A copy of my Curriculum Vitae is attached to this Declaration as Exhibit 1.

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3. I am knowledgeable and experienced in the administration of psychiatric and
psychological examinations in the context of civil actions for damages, including damages of the type claimed in this action.

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4. Fairness and balance routinely provide for the performance of comprehensive
both opportunity to mClepen<1erLtly ,",V.U,,-,\,l clinical order to afford both afuU

pe]rlorm aPlJropriate assessments.

independent collection of data is consistent with the principles of the adversary system and provides reasonable assurance that the information is reliable and not influenced or biased by self-interest. When differences or disagreements arise, they can be aired and resolved through the adversary process. 5. In this case, I initially consented to Dr. Jadwin's request that the examination be adjusted to accommodate his privacy interests, convenience and distrust. These accommodations included allowing Dr. Jadwin to audio-record the examination sessions, accommodating his schedule, and agreeing to accept and rely on raw data from psychological
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DECLARATION OF ROBERT BURCHUK, M.D. IN SUPPORT OF INDEPENDENT PSYCHOLOGICAL TESTING OF PLAINTIFF DAVID JADWIN

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testing performed by his expert rather than requiring Dr. Jadwin to submit to a redundant series of tests. I was allowed to administer one psychological test that had not been performed by Plaintiff's expert. The Court rejected Plaintiffs other requests, such as allowing Plaintiff to contact his attorney during the examination. 6. After completing about three-fourths of the exam, it has become evident to me that the justification for some of these accommodations needs to be reconsidered. Specifically, I request permission to expand my examination in two respects.

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7.

I reCluest permission to

an independent, cmnplrehensive psychological Dr. Jadwin, at our session on May me not
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testing battery performed on Dr. Jadwin. When I

test authm'lze:d

elec;ted to call to Mr. Lee.

test to our

ses~aon

to

a

8. However, Defendants' counsel, Mark Wasser, subsequently forwarded me an e-mail
from Mr. Lee in which Mr. Lee wrote that he had disclosed the nature of the T.O.M.M. test (a test designed to evaluate the possibility of malingering) to Dr. Jadwin. Mr. Lee clearly understood the sensitivity of the test because test to the nature this test to
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wrote,

his e-mail, that he had not previously test' Lee's CilSClo'SUI'e
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to

nn'<:p"nTP

has renlCieJrea the test US~~le~;s

no

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purpose to administer it. 9. Based on my review of Dr. Jadwin's medical records and my observations and findings from the examination I am conducting, I am surprised by the psychological test findings reported by Plaintiff s expert. The test findings are not consistent with my preliminary diagnostic impressions and I cannot determine how the reported psychological tests were administered or the validity of the raw data. I, therefore, request that I be allowed to arrange a comprehensive psychological test battery on Plaintiff as expeditiously as possible. I believe this can be completed without the need to further change the pre-trial schedule.
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DECLARATION OF ROBERT BURCHUK, M.D. IN SUPPORT OF INDEPENDENT PSYCHOLOGICAL TESTING OF PLAINTIFF DAVID JADWIN

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10. In my experience, it is unprecedented for an examining physician like me to have to risk
revealing preliminary impressions in order to request what routinely is included in an examination of the type I am attempting to perform on Dr. Jadwin. I fear my capacity to effectively refine and revise my assessment of Dr. Jadwin may be compromised. This is another reason why I believe administration of the requested testing battery is important. 11. Second, I request permission to confer with Plaintiff s treating psychiatrists, Drs. Riskin and Anoshiravan Taheri-Tafreshi. Plaintiff s expert report includes a reference to cOllsulta1:I0llS between the expert and to treating ps~rcbjatris1:s. Jadwin actually COJlsente:d

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me contact both physicians in our first session but telephoned me shortly after the session was withdrawing consent on
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of

lntlervW\VmlZ these
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as bel1e\Te it is treating physicians. me

an ImpOl'tarlt CI)mpOneJlt to to both

same OpIJOrtunlity PlaimtiJtr

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12. I also request that the Court confirm the agreement Dr. Jadwin and I reached during our
second session on May 29 that the last session of the examination will be in my office. Travel by an examinee to an examiner's office is routine, unless the examiner is located more than 75 miles from the examinee. In this case, as an accommodation to Dr. Jadwin, the second session was conducted transcript Dr. Jadwin's
Vii.'V,",.

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!",Ii'""n

and I agl~eell, as confirmed

audio

our

is apparently demanding that the session be moved to Dr. Jadwin's office. Mr. Lee's continued intrusion into the examination is a further distraction and is simply contrary to accepted practice. I request that the Court approve holding the last session in my office as Dr. Jadwin and I agreed. 13. Additionally, I have asked Mr. Wasser to obtain records that would contemporaneously document observations during Dr. Jadwin's childhood, secondary, college and osteopathy school years, along with any available records of his experiences as an Army enlistee and in his past employment. These records would allow me to evaluate important aspects of Dr. Jadwin's
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DECLARATION OF ROBERT BURCHUK, M.D. IN SUPPORT OF INDEPENDENT PSYCHOLOGICAL TESTING OF PLAINTIFF DAVID JADWIN

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personality that have emerged from my examination. I request that Plaintiff be directed to cooperate in seeking these materials. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 3, 2008, in Los Angeles, California.

By: /s/ Robert Burchuk, M.D. Robert Burchuk, M.D.

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DECLARATION OF ROBERT BURCHUK, M.D. IN SUPPORT OF INDEPENDENT PSYCHOLOGICAL TESTING OF PLAINTIFF DAVID JADWIN

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EXHIBIT 1

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CURRICULUM VITAE

ROBERT BURCHUK, M.D.
Address:
6320 Canoga Ave. Suite 1500 Woodland Hills, California 91367 rburchuk@earthlink.net 18) 1 8) 340-0840 Woodland Hills, California Psyclmltm;t, JVletropC)!lt2LD State Hm;pl!<ll. mp:ltlents, tea<:hHlg of UCLA Forensic PS\IChlatl-v rp,,!pUf of treatment and court reports of pSyichliatrists thn)ug;h011t COlljUll1ction with Consent Decree

Home Address:

Activities:

Private Practice of Forensic Psychiatry

Education:

B.A., Cum Laude, Boston University, 1982 M.D., Boston University, 1982 (combined BA-MD program) Residency in Psychiatry
Jni'JP""itv

Medical

'-''-'''lev1,

Walshlng1:011,

l)p,n<>rfn"pnt of PS\fc!ljatl"v Washington University Medical Center, July 1985-June 986.

PGY-V Fellow, UCLA/San Fernando Valley Forensic Psychiatry Fellowship, Los Angeles, CA, July 2006- June 2007

Licensure and Certification:

State of California, Board of Medical Quality Assurance License Number G62596, April 1988 Diplomate, National Board of Medical Examiners Certificate Number 256443, July 1983 Diplomate, American Board of Psychiatry and Neurology Certificate Number 29390, November 1987

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Managed Carel Health Plan Experience:

August 2001-February 2006: Vice President and Corporate Medical Director, PacifiCare Behavioral Health. Responsibilities including oversight of corporate wide Medical Management and Quality Improvement. August 2002 - Februmy 2003: Acting Western Region Medical Director

)'''~>f'trw PacifiCare including oversight of Management and Quality Improvement.

KPI"nfltW>l1

,,,,,<-1,,, L

March 1998-May 2001: Medical Director, One Health Plan of California, Inc. Medical Director for Great-West Life's HMO, licensed in California in 1996 and GreatWest Life's established PPO/POS products (formerly affiliated with Private Health Care Systems). Broad range of activities including quality improvement and utilization management.

November 1991-November 1996: Regional Consulting Psychiatrist, Prudential HealthCare Plan of California, Inc. Utilization review, quality improvement, provider network development, benefits design and marketing input. March-November 1991: Physician Advisor, American PsychManagement of California, Inc. (now Value/Options). Utilization review and first level appeals of inpatient and outpatient psychiatric treatment.

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Managed Carel Provider Experience:

1993-August 1997: Co-founder and President, Valley Oaks Behavioral Medical Group, multidisciplinary Mental Health IPA providing services in Los Angeles and Ventura counties including services as a Clinical Group for Value Behavioral Health. 1996-2005

Private Pr3ctice:

January 1992-ApriI1997: Private

and

ad()le~;ceIlt n,vrh Eltn!'

IVlemcal [llrectcl[, Encino HO::;Pltal Menta! Health Unit

January 1991-December 1991: Medical Director, Eating Disorders Program, Northridge Hospital Medical Center, Clinical supervision of multi-disciplinary treatment team responsible for the care of hospitalized and day treatment patients. Participation in Department of Psychiatry administrative activities including quality assurance.

St. HOspItal; outpatient treatment.

Alcnnitos MedIcal Center; and Pioneer

FuH- Time Faculty Experience:

July 1986-June 1988: Assistant Professor, Department of Psychiatry and Behavioral Sciences, George Washington University Medical Center.
Medical Director, Psychiatric Day Treatment Washington University Medical Center. Program, George

Presentations:

"Treatment Planning in Managed Care" at Biological Aspects of Mental Disorders, A Practical Guide for Psychotherapists, Southern California Psychiatric Society, May 1993. "Health Plan - Provider Relations: A Critical Factor in Quality Care" at Managed Mental Healthcare Global Business Research, New Orleans, December 1994.

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"Use of DSM IV with Managed Care" at Psychological Advancement Seminars, The DSM IV: Introduction and Overview, Los Angeles, November 1994. "How to Effectively Integrate Addiction Treatment Services in Behavioral Health Partnerships." Panel presenter at Behavioral Healthcare Tomorrow, San Francisco, September 1996.

Case" at Disease "Integration in Management America 15t Annual Integrated Healthcare Leadership Summit: Co-Morbid Depression and Chronic Washington, D.C. June, 2004.

and Behavioral Health Care CalifCm1ia Association Healthcare

of Care:

Publications:

Beaudin, CL, Burchuk, RM. Clinical Practice Guidelines for Treating Depression in Primary Care. P&T Digest. 2004; 13: 17-24. Burchuk, RM, Pomerantz, JM. Forming Practice Groups to Deal With Managed Care: Two Views, A Southern California Perspective. Journal ofPractical Psychiatry and Behavioral Health. 1995; 1:229-232.

Professional
American
p<;,\rchli:ltrlc

A.sS()CI2lt!on, >JstmgUlsJhed Fellow

Councilor, 1995-8, Member Managed Care Fund Raising Committees, 1995-6; Public Affairs Committee; Co-Chair 1996-7; Chair 1997-8 and 2004-5; Chair Managed Care Committee 2003-present; candidate for President elect, 2008 (unopposed) American Academy of Psychiatry and the Law

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DOCUMENT INFO
Description: David F. Jadwin v. Kern County: 1:07-cv-26 in the United Stated District Court for the Eastern District of California, Fresno Division before Judge Oliver W. Wanger. This was a 2009 federal employment lawsuit that went to a bench and jury trial resulting in a unanimous verdict and significant judgment for the plaintiff employee. Issues involved violations of medical leave and disability discrimination laws, as well as 42 U.S.C. 1983 procedural due process violation. Plaintiff was represented by Eugene Lee, a Los Angeles, California employment lawyer.