I was almost killed on May 5, 2017.
I first saw a doctor that day. I’ve seen literally dozens since.
On May 26, 2017, I had eye surgery. This had been scheduled for months. I was out of commission for two weeks. Prior to the surgery, I went back to LRUC Urgent Care in Mount Dora for a pre-op check. Dr. Johnson was not there. I was told that I needed to get a primary care doctor who would refer me to a surgeon. I called the hospital’s physician referral service, but the doctors I was referred to did not return my calls. I was finally referred to Dr. Eduardo Parra Davila, an abdominal surgeon. I took the first appointment that was available.
The pain and discomfort in my abdomen had continued since the accident. It had not lessened at all. I could no longer sleep in a bed.
On June 13, 2017, I saw Dr. Eduardo Parra-Davila at Celebration Center for Surgery. I complained that my abdomen was very painful and that my intestines were poking out from the left, right, and center of my abdomen. He observed the bulging of my abdomen when I reclined and got up off the examining table. He sent me for a CT-Scan of my abdomen and pelvis.
Dr. Eduardo Parra-Davila
Celebration Center for Surgery
410 Celebration Place, Suite 302
Celebration, FL 34747
407-303-3824
Fax: 407-303-3825
Progressive was paying all of the doctors and all of the testing until my coverage ran out.
On June 15, 2017, I purchased a 2009 Pontiac Solstice the car. I paid $11,436.44. I spent two nights in hotels. I had to pay sales tax on the purchase when I titled the car in Florida. I turned in my Enterprise car there.
On June 19, 2017, a hearing was held in Ocoee, Florida on the Citation that I was given. It was continued until August 8, 2017 because I was injured and injury cases must be heard by a judge.
On June 20, 2017, I went to Radiology Specialists of Florida. I had a CT-Scan of my abdomen and pelvis.
Radiology Specialists of Florida
PO Box 864552
Orlando, Florida 32886-4552
866-481-7571
On July 11, 2017, I again saw Dr. Eduardo Parra-Davila at Celebration Center for Surgery. [EXHIBIT 274.] He indicated that the CT-Scan of my abdomen and pelvis did not show hernias, but it did show problems with my spine. He said I have an extremely thin abdominal wall, but the accident did not cause tears. I am not sure if he said I had diastasis recti. I decided I should get a second opinion because my intestines poke way out in three spots. My abdomen was not like that prior to the surgery. The radiologist did note “apparent postoperative change in the periumbilical region….”
On July 13, 2017, I saw Dr. Jose Lopez at Central Florida Total Health Care. [EXHIBIT 274.] I was referred by Dr. Parra-Davila because the CT-Scan showed issues with my spine. He sent me for a CT-Scan of my lumbar spine. He also ordered two echocardiograms.
Dr. Jose Lopez
Central Florida Total Health Care
30 Remington Road, Suite 2
Oakland, Florida 34787-9797
407-392-1919
Fax: 407-392-1917
On July 15, 2017, I saw a technician at the offices of Dr. Jose Lopez of Central Florida Total Health Care. I had two echocardiograms.
On July 19, 2017, Dr. Jose Lopez had me get a number of tests at Florida Hospital Waterman. [EXHIBIT 279.] Dr. Deborah L. Zeagler was the Laboratory Medical Director.
On July 20, 2017, I had a CT-Scan of my abdomen and pelvis at Florida Hospital Waterman due to abdominal pain. [EXHIBIT 278.] Dr. Fred S. Wittenstein recognized apparent postoperative change in the periumbilical region without herniation. He cited degenerative change in the spine – Bilateral L5 Spondylolysis – Facet Disease. He noted a cyst on my left kidney. He said “Stomach is now well distended.” Diverticulosis without diverticulitis. They billed $87,098.02 to Progressive Insurance. [EXHIBIT 277.]
On July 24, 2017, I went to Radiology Specialists of Florida. I had a CT-Scan of my lumbar spine.
Radiology Specialists of Florida
PO Box 864552
Orlando, Florida 32886-4552
(866) 481-7571
Florida Hospital Waterman diagnosed me with Spondylosis in the lumbar region, Spinal Stenosis in the lumbar region, Spondylosis without myelopathy or radiculopathy in the lumbar region, and Calculus of Kidney. [EXHIBIT 236.]
On August 8, 2017, I saw Dr. Jose Lopez at Central Florida Total Health Care. [EXHIBIT 274.] The CT-Scan showed four bulging disks. He prescribed Percocet for my back pain. He discussed sending me to see a pain management doctor. He did not encourage me to see a chiropractor. I got the impression that he just didn’t like chiropractors. He wanted to monitor the pain for a while before referring me to another doctor, a neurologist.
The radiology report from Florida Hospital Waterman revealed a broad disk bulge at L1-2, L2-3, and L3-4. It revealed spondylolysis, anterolisthesis, and neuroforaminal narrowing. I never had back problems prior to the accident. IF anything was wrong in my back or neck, I was totally asymptomatic as medical records galore prove.
On August 8, 2017, the trial on the citation that I received was held in Ocoee, Florida. The case was dismissed by Judge Elizabeth Starr. The Trooper testified that he did not witness the accident. He saw my car on the shoulder with damage to the left front. He saw the 18-wheeler ahead.
The truck driver, Robert Longest, testified that he felt something, but never saw me. He said he then saw me spinning out of control in his left rearview mirror. He claimed there was damage to the left front of his truck. He said my car was really low and he never saw me. He said he called 911 and then headed back to check on me. [The Highway Patrol did not provide a 911 call from Robert Longest.]
On cross-examination, Longest confirmed that he didn’t see me at all and didn’t know for sure what happened. He also admitted that it was possible that he was in the third lane from the right (where I say he was).
I asked Longest if he saw the accident report that showed I was traveling Northbound on the Southbound lane. He had no explanation for how the Trooper’s version could be accurate since he testified he never saw me.
In speaking with the judge, the Trooper claimed I told him I didn’t know what happened. This is absolutely false. My only uncertainty was whether I was in Lane 1 or 2. I told him I was 90% sure I was in Lane 2. I knew for a fact that I was in one of the two exit lanes.
Judge Starr rolled her eyes at the Trooper’s claim of the accident. Then she seemed to make it clear that there was no one there who knew what happened. I told her I knew exactly what happened. She then asked if I wanted to go forward to present my case. I said I wished I knew what she was thinking, but I moved to dismiss and if she didn’t grant the motion, I would be happy to present the evidence. Judge Starr said there’s no evidence. Case dismissed.
On August 10, 2017, I had an after-surgery follow-up visit with Dr. Stacia Goldey. [EXHIBIT 274.]
On August 10, 2017, I had a flu shot at Walmart. [EXHIBIT 274.]
On October 12, 2017, a Dan Newlin attorney obtained the CAD reports from three 911 calls at the time of the accident. These 911 records revealed an additional eyewitness: Jerome Wilt, 6133 Raleigh St, Orlando, Florida 32835, 407-947-3420. I called him. He was traveling Southbound behind me. He saw that I was in the second lane from the shoulder. He saw the truck come over into my lane from the third lane (from the shoulder). He saw the truck hit me on my left front side, and he saw me spinning. He passed at that point and called 911. He is a very nice man and made a point to say, “if you need a witness, I am your man.”
So, there are two eyewitnesses to what happened – Jerome Wilt and me. The trucker has testified that he did not see me and does not know what happened. A third witness, Carrie Broussard, has testimony that establishes that the Trooper’s story was incorrect.
On November 20, 2017, I saw Dr. Jose Lopez at Central Florida Total Health Care. I complained that I now have limited mobility in my neck, have significant pain when I try to sleep, and really hurt when trying to get out of my car. I took a drive to Atlanta and back to see my daughter, Brittany Harrell, and my granddaughters. The pain/discomfort was really bad.
I had to physically turn in my seat in the car to see to my left. Dr. Lopez said I must have an MRI, and he gave me an order for one. I was out of the 30 Percocet that he prescribed, but he didn’t want to give me more at that time. His diagnosis on my neck is Cervicalgia. He prescribed Diclofenac and Tizanidine. I am severely claustrophobic, so I hoped I could handle the MRI. Dr. Lopez prescribed Clonazepam. I have previously been unable to take an MRI. I even had to cancel a CT-Scan as it was starting because of my severe claustrophobia.
On November 21, 2017, I called Clermont Radiology about the MRI. I was informed the MRI would take 45 minutes, and my head would be immobilized. I knew I could not do this unless they put me to sleep. I planned to see Dr. Jose Lopez again to discuss this. I felt he may have to begin with a CT-Scan of my neck.
Clermont Radiology
871 Oakley Seaver Drive
Clermont, Florida 34711
352-241-6100
Fax: 352-241-6101
info@clermontradiology.com
On November 21, 2017, I obtained the tapes of the three 911 calls from May 5, 2017. 214 is my call. 206 is Carrie Broussard, the woman who didn’t see anything but me spinning. 207 is eyewitness Jerome Wilt. The tapes establish my story. Carrie Broussard’s tapes confirm that I was spinning down the Turnpike, as does the call from Jerome Wilt. The 911 tapes were provided by the Florida Highway Patrol:
Aerica D. Ramos
Regional Communications Center Manager
Florida Highway Patrol
Lake Worth Regional Communications Center
Florida’s Turnpike Mile Marker 94, Building 9310
Lake Worth, FL 33463
Office: (561)357-4012
Fax: (561)357-4090
AericaRamos@flhsmv.gov
www.flhsmv.gov/fhp
On November 21, 2017, I was forced to sell my 2009 Pontiac Solstice as I could no longer drive a small car because of the pain from my back. I could no longer even walk normally; my balance was off, and it has become much worse. I again had an Enterprise car; I had to pay for this. I would not have had an Enterprise car if I had not been hurt on May 5, 2017.
I had a CT-Scan on December 14, 2017. Florida Hospital Medical Center diagnosed me with Spondylosis in the cervical region, Spinal Stenosis in the cervical region, and Cervicalgia. [EXHBIT 203.]
I was unable to see Dr. Lopez for months after this because his receptionist said she could not reach Progressive to be assured they will pay.
My neck and back had gotten worse rather than better.
I obtained a referral to Dr. Alan Newman, a chiropractor. He diagnosed me with a Ventral Hernia, but he referred me to Dr. Sumanth Padmanabh, an internist. I subsequently saw Dr. Newman many times. I have received massage therapy, traction for my neck, and other procedures.
Dr. Alan Newman said the CT-Scan Report shows four herniated discs in my neck.
The pain and discomfort in my abdomen has continued since the accident. It has not lessened at all. If I accidentally bump into something or get poked in the abdomen, it is very painful. My abdomen pokes out like I’m pregnant.
Dr. Sumanth Padmanabh ordered a CT-Scan. I had the CT-Scan on February 23, 2018.
Dr. Padmanabh has diagnosed me with a Ventral Hernia. His opinion was an abdominal tear that has created a hernia where I had an incision on March 29, 2016.
My medical reports from Dartmouth-Hitchcock Medical Center show that my abdomen was fully-repaired in 2016. The automobile accident on May 5, 2017 caused the damage that appeared after I was hit.
I sleep on my left side, and I have back pain when I try to go to sleep. My back seemed a little better after 12 months, but it has become progressively worse. I still have back pain.
My neck has gotten better as I am no longer in constant pain, but the range of motion is still restricted, and I do have some neck pain. It is v ery painful if I try to bend my neck backwards.
My abdomen continues to be as bad as it was on May 5, 2017. I have been told that surgeons don’t want to operate on what I have until an organ becomes incarcerated.
The accident has had a significant impact on my quality of life. Both my abdomen and my back and neck hurt me all the time. I can’t carry anything that’s very heavy. I can no longer drive a fun car; I had to get a car that I can easily slide in and out of without putting pressure on my back or abdomen. I can’t walk for very far without pain forcing me to stop. I can no longer walk without a cane. Now I can’t walk without a walker.
I took two Tylenol every night before I got in bed. I was later prescribed Alprazolam, which does make me sleepy. I usually pop some Tylenol during the day as well.
On March 26, 2018, I saw Dr. Owen Fraser. He diagnosed me with Diastasis Recti. I had not had an MRI because I am severely claustrophobic. He also diagnosed me with an inguinal hernia and wanted to schedule surgery.
Dr. Owen Fraser
1805 W Colonial Drive #A
Orlando, Florida
407-578-9142
I went to see urologist Dr. Jason Gerboc for a second opinion on the inguinal hernia, and he reported that he could not feel a tear. He sent me for a CT-Scan of my abdomen because he was concerned with a cyst in my left kidney.
Dr. Jason Gerboc
1210 Waterman Way
Tavares, Florida 32778
352-343-2364
The CT-Scan reported a C7 by 65 mm cyst. The scan also reported a sliding type hiatal hernia.
On May 30, 2018, Leesburg Chiropractic diagnosed me with Esophagitis, Cervicalgia, Cerviobrachial Syndrome, Pain in thoracic spine, and Low back pain. [EXHIBIT 204.]
I finally was able to see Dr. Jose Lopez again when Progressive said they would pay him. He reviewed the CT-Scan of my neck, diagnosed cervicalgia, and sent me to Hohman Rehab for physical therapy.
I went to Hohman Rehab seven times. It was extremely expensive – $400 or so for a half hour of exercises holding a ball or pulling on some rubber bands. Hohman Rehab reports that my cervical rotation was 45-degrees to the left and 42-degrees to the right after seven sessions. I was told that normal is 80-degrees.
Hohman Rehab
236 Mohawk Road
Clermont, Florida 34715
855-404-6908
Fax: 352-404-6909
On June 7, 2018, I had an MRI at Clermont Radiology. The MRI showed divarication of the abdominis recti (also known as diastasis recti) and bulging of the intra-abdominal contents. There is a 4.5-inch separation of the muscles that are supposed to keep the abdominal contents contained. The radiologist notes that it is “medically probable that the findings were caused by the auto accident.”
Clermont Radiology
871 Oakley Sever Drive
Clermont, Florida 34711
352-241-6100
Fax: 352-241-6101
info@clermontradiology.com
From previous consultations with Dr. Parra Davila and Dr. Fraser, divarication of the abdominis recti and bulging of the intra-abdominal contents is not something they want to do surgery to repair until an organ becomes incarcerated.
The pain and discomfort in my abdomen has continued since the accident. It has not lessened at all. If I accidentally bump into something or get poked in the abdomen, it is very painful. I am always in a lot of pain when I lie down or sit down and get up.
I sleep on my left side, and the back pain is very bad when I try to go to sleep.
I haven’t wanted to risk back surgery, but I have back pain whenever I move around. The idea that my back will be like this forever is devastating. I have slept on the sofa for six years so my back can be supported by the back cushions of the sofa. It keeps me from moving, which is very painful.
The accident has had a huge impact on my quality of life. Both my abdomen and my back and neck hurt me throughout every day. I can’t carry anything that’s very heavy at all – even one grocery bag will make me hurt. I can no longer drive a fun car. I have to have a car that I can easily slide in and out of without putting pressure on my back or abdomen. I can’t walk for very far without pain forcing me to stop. The limited range of motion in my neck makes driving somewhat dangerous. I have to physically move in my seat to reposition my body so I can see far enough to either side. When I do this, I am unable to see part of the road that I should be seeing. I was forced to stop dating. I no longer have any social life.
I have driven many miles due to all of this – doctors, tests, and car buying. I really shouldn’t drive anymore.
I have permanent injuries from the auto accident. I have only half of the normal rotation of my neck. I will forever have back pain. I have a painful and unsightly abdominal injury that may require surgery at some point in the future if an organ gets incarcerated. I may have an inguinal hernia.
My medical treatment and testing had ended until a recent fall that Humana is covering. I should be having quarterly CT-Scans for the rest of my life as a precaution to see if any organs have become incarcerated. But I can’t afford them. Medicare won’t pay because it is a traffic accident insurance case.
On 2/8/2019, I fell down the stairs at the Condo. [EXHIBIT ____.]
I had two MRIs on March 20, 2019.
My back has continued to deteriorate. I have great difficulty walking. Stairs are a nightmare.
On March 11, 2020, I saw Dr. Roderick Claybrooks at BioSpine. He says I need Lumbar Fusion – two rods and four bolts. He says the lowest of my discs needs to be removed. He wanted to do the surgery right away, but since I terminated Dan Newlin, they wouldn’t move forward until I retain another attorney. I didn’t retain another attorney. [EXHIBIT ___.] [EXHIBIT ___.]
On 3/28/2019, I began efforts to sell my Condo by Owner. [EXHIBIT ___.]
On 6/2/2019, I fell down the stairs at my condo. [EXHIBIT ____.]
On or about 7/23/2019, the State of Florida issued a Handicapped person notification for me. [EXHIBIT ____.]
On 9/4/2019, I fell down the stairs at my condo. [EXHIBIT ____.]
I fell down the stairs at my condo at least a dozen times. I now carry a siren in my pocket so I can alert people for help when I fall.
Dr. Alan Newman prescribed a cane and later prescribed a wheelchair.
On 5/21/2020, I received a letter from Sean Palmer at Progressive Insurance informing me I had run out of benefits. [EXHIBIT ____.]
On 6/8/2020, I fell down the stairs at the condo.
On 8/22/2020, I had emergency treatment at Advent Health in Leesburg.
On 11/17/2020, I had emergency treatment at Advent Health in Leesburg.
In 2021, I changed insurance and was unable to get an appointment with the assigned Primary Care Doctor, Dr. Pellegrino, or any required referrals.
On 10/8/2021, I fell down the stairs at my condo. [EXHIBIT ____.]
On 3/10/2022, Dr. Alan Newman prescribed a wheelchair. [EXHIBIT ____.]
On 6/22/2022, I sold my condo in Leesburg, Florida.
On 6/26/2022, I fell in a ditch in Leesburg, Florida while attempting to walk through the grass after eating dinner. My phone went flying, and I had no way to try to get anyone’s attention. A young family finally saw me waving and stopped to pull me up and take me down a block to my motel.
On 6/27/2022, I sold my Jeep and bought a Winnebago to be my home.
On 7/3/2022, much to my surprise, I lost my health insurance because I moved to South Dakota.
On 7/5/2022, I became a resident of South Dakota. [EXHIBIT ____.]
The State of South Dakota reviewed documentation from Dr. Alan Newman, and South Dakota declared me DISABLED. [EXHIBIT ____.]
On 7/11/2022, the transmission failed, and the Winnebago was damaged. [EXHIBIT ____.]
On 8/15/2022, I finally received payment from State Farm for the Winnebago. It was declared totaled.
On 8/16/2022, I purchased a 2018 Thor Ace 30.4.
On 9/1/2022, I had eight teeth extracted. My teeth are rotting due to a medication I am taking for anxiety from all this.
On 10/13/2022, I had a Glaucoma check, and my pressures were excellent. Latanaprost and Timolol were again prescribed.
On 11/3/2022, I fell on a boulder losing my balance upon exiting my RV. I landed on my shoulder, and it was badly bruised. [EXHIBIT ____.]
On 11/15/2022, I had an emergency session with Marina Ross of Harmony United Psychiatric Care. I had begun again feeling that I would be better off dead.
On 11/21/2022, I broke an upper tooth.
On 11/27/2022, I fell inside the RV without my cane, which I hang by the door. I was able to crawl to a position where I could get leverage for each of my hands, so I got upright after a few fails.
I had a bad fall on 12/2/2022. I fell two more times trying to get up. I screamed for help and a lady and her two sons finally heard me and came to lift me out of a mud puddle and helped me into the RV where I now live. I was hurting all over and had a terrible headache.
I have had many falls.
On 12/26/2022, I had a very bad fall and was taken by ambulance to the Emergency Room. I have lost the use of my left hand.