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Stacks v. Travelers Property Casualty3/1/2001
eeded to come off the Soma." (Id. at 55.) Dr. Gorsuch felt that Stacks was too dependent on narcotics. (Id.)
During his deposition, Dr. Gorsuch was asked for an explanation for Stacks' continuing complaints. He responded:
Because his underlying pathology, multiple pain generators, his history of multiple injuries. He's basically a chronic pain patient, which means that a large part of his pain was no longer functional pain. I mean, it wasn't necessarily indicating new damage. The psychology that goes along with a chronic pain patient was already in place and active.
. . . the suffering component of the pain is increased but also has to do with his view of himself as crippled or not crippled, his view of his self-worth, and whether or not the pain circuitry is now what we'd call centralized or learned.
Certain types of pain, you could take away the cause, but the pain would still persist, because the neurocircuitry that carries the pain has learned that and just keeps going and going and going. By the psychological aspects, it's a lot more than just it's hurting than it has to do with the whole view of himself and the world. (Id. at 36.)
Both Drs. Weinert and Gorsuch testified in this matter. The Court was present during their testimony, and their testimony is deemed part of the trial (although taken pursuant to notices of deposition).
Dr. Weinert's Opinions
As noted earlier, Dr. Weinert treated Stacks between December 15, 1992 and July 13, 1994. However, he was provided later medical records and asked for opinions relating to the issues presently before the Court.
Long before Dr. Weinert's testimony in the matter, Travelers supplied him with additional medical records and asked him for his opinions relating to its potential liability. Following claimant's July 17, 1997 surgery, Travelers provided Dr. Weinert with additional medical records and asked about the impact of the May 10th fall. On July 31, 1997, Dr. Weinert responded:
QUESTION: Was the need for surgery that Mr. Stacks had in July of 1997 the result of a progression of his numerous spinal problems or the result of his alleged injury in May of 1997?
ANSWER: Unfortunately, I do not have an operative report to know what procedures were performed in July of 1997. I have preoperative notes from Dr. Luckett and Dr. Gorsuch, along with preoperative studies, which indicate spinal stenosis due to a right paracentral disk herniation at C3-4, as well as moderate stenosis at C4-5, C5-6 and C6-7 levels. From review of prior records, it would appear that the C3-4 disk protrusion is a new phenomenon and may be due to the alleged injury of May of 1997, as there is no prior record of pathology at that level. The foraminotomies that were discussed at C5-6 and C6-7 levels would be due to old degen-erative changes related to pathology prior to his May 1997 injury.
QUESTION: Do you believe the fall that Mr. Stacks allegedly had in May of 1997 was the result of his pre-existing lumbar problems which caused previous falls, muscle spasms and numbness in his right foot and leg?
ANSWER: I don't believe this question is answerable on a medically more-probable-than-not basis due to its circumstantiality. Mr. Stacks certainly has a history of multiple falls in the past. Prior neurodiagnostic tests of the lower extremities failed to demonstrate lumbosacral radiculopathy that would be causative for muscle weakness or give-way. Again, I don't believe I can answer this question.
QUESTION: If Mr. Stacks did suffer an injury in May of 1997, did it cause a temporary or permanent aggravation of his pre-existi
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