152 kc request for conference re dme3 - supp dec burchukr

8/14/2019 152 KC Request for Conference Re DME3 - Supp Dec BurchukR

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Case 1:07-cv-00026-0VWV-TAG Document 152 Filed 06/03/2008 of 10

1 Mark A. Wasser CA SB #060160LAW OFFICES OF MARK A. WASSER

2 400 Capitol Mall, Suite 1100Sacramento, CA 95814

3 Phone: (916) 444-6400Fax: (916) 444-6405

4 E-mail: [email protected]

5 Bernard C. Barmann, Sr. CA SB #60508KERN COUNTY COUNSEL

6 Mark Nations, ChiefDeputy SB 01

1115 Truxtun Avenue, Fourth Floor7 Bakersfield, CA 93301

Phone: (661) 868-38008 Fax: (661) 868-3805

E-mail: [email protected]

o AttornevsPeter Bryan,

11 Jennifer Abraham,

12

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

et aI.,

Defendants.

JADWIN,

Plaintiff,

vs.

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

) BURCHUK, SUPPORT) INDEPENDENT))))) Date Action Filed: January 6, 2007) Trial Date: December 2, 2008)))

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




1 I, Robert Burchuk, M.D., declare as follows:

2 1. I am a physician licensed to practice medicine in the State of California. I have

3 personal knowledge of the facts in this Declaration and can testify competently to them if

4 called as a witness.

5 2. I graduated from Boston University in 1982 with a combined BA - MD degree. My

6 clinical training consisted of a residency in psychiatry at George Washington University

7 Medical Center, Washington, DC, from July 1982 through June 1986. I was the Chief

lamo ~ / e m l b e r 1

Ke:SldJ:nt, uepartmient of Psychiatry, Inrlatlent Service, at 'V,,-,vq,;,-, VIti asJh.mgton University

, - ," - ' iUvi from July, 1985 through June, 1986. My llc(:;nsure and certifications include:

' ~ " + A ~ ~ ' ~ Board oflVleolcal

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

14 3. I am knowledgeable and experienced in the administration of psychiatric and

15 psychological examinations in the context of civil actions for damages, including damages of

16 the type claimed in this action.

17 4. Fairness and balance routinely provide for the performance of comprehensive

18 both order to afford both afuU

19 opportunity to mClepen<1erLtly , " ,V .U, , - , \ , l clinical pe]rlorm aPlJropriate assessments.

20 independent collection of data is consistent with the principles of the adversary system and

21 provides reasonable assurance that the information is reliable and not influenced or biased by

22 self-interest. When differences or disagreements arise, they can be aired and resolved through

23 the adversary process.

24 5. In this case, I initially consented to Dr. Jadwin's request that the examination be

25 adjusted to accommodate his privacy interests, convenience and distrust. These

26 accommodations included allowing Dr. Jadwin to audio-record the examination sessions,

27 accommodating his schedule, and agreeing to accept and rely on raw data from psychological

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1 testing performed by his expert rather than requiring Dr. Jadwin to submit to a redundant series

2 of tests. I was allowed to administer one psychological test that had not been performed by

3 Plaintiff's expert. The Court rejected Plaintiffs other requests, such as allowing Plaintiff to

4contact his attorney during the examination.

S 6. After completing about three-fourths of the exam, it has become evident to me that the

6 justification for some of these accommodations needs to be reconsidered. Specifically, I

7 request permission to expand my examination in two respects.

8 7. I reCluest permission to an independent, cmnplrehensive psychological

9 testing battery performed on Dr. Jadwin. When I Dr. Jadwin, at our session on May

Inot

a

meest authm'lze:d

s e s ~ a o n toest to ourlec;ted to

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13 call to Mr. Lee.

14 8. However, Defendants' counsel, Mark Wasser, subsequently forwarded me an e-mail

15 from Mr. Lee in which Mr. Lee wrote that he had disclosed the nature of the T.O.M.M. test (a

16 test designed to evaluate the possibility ofmalingering) to Dr. Jadwin. Mr. Lee clearly

17 understood the sensitivity of the test because wrote, his e-mail, that he had not previously

Lee's CilSClo'SUI'e

IS no

test'o nn'<:p"nTP

1<:>'-;·l1T1n has renlCieJrea the test U S ~ ~ l e ~ ; s

test to

the nature this test to

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120 purpose to administer it.

21 9. Based on my review ofDr. Jadwin's medical records and my observations and findings

22 from the examination I am conducting, I am surprised by the psychological test findings

23 reported by Plaintiff s expert. The test findings are not consistent with my preliminary

24 diagnostic impressions and I cannot determine how the reported psychological tests were

25 administered or the validity of the raw data. I, therefore, request that I be allowed to arrange a

26 comprehensive psychological test battery on Plaintiff as expeditiously as possible. I believe

27 this can be completed without the need to further change the pre-trial schedule.

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1 10. In my experience, it is unprecedented for an examining physician like me to have to risk

2 revealing preliminary impressions in order to request what routinely is included in an

3 examination o f the type I am attempting to perform on Dr. Jadwin. I fear my capacity to

4 effectively refine and revise my assessment o f Dr. Jadwin may be compromised. This is

5 another reason wh y I believe administration of the requested testing battery is important.

6 11. Second, I request permission to confer with Plaintiffs treating psychiatrists, Drs.

7 Riskin and Anoshiravan Taheri-Tafreshi. Plaintiffs expert report includes a reference to

8 cOllsulta1:I0llS between the expert and treating p s ~ r c b j a t r i s 1 : s . Jadwin actually COJlsente:d

9 to me contact both physicians i n o ur first session but telephoned me shortly after the session

IS an ImpOl'tarlt CI)mpOneJlt I

lntlervW\VmlZ these,rh.T1"p o fonsent on

as

was withdrawing

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2 bel1e\Te it is me same OpIJOrtunlity PlaimtiJtr to to both

13 treating physicians.

14 12. I also request that the Court confirm the agreement Dr. Jadwin and I reached during our

15 second session on May 29 that the last session o f the examination will be in my office. Travel

16 by an examinee to an examiner's office is routine, unless the examiner is located more than 75

17 miles from the examinee. In this case, as an accommodation to Dr. Jadwin, the second session

18 was conducted Dr. Jadwin's Vii.'V,",. !",Ii '""n and I a g l ~ e e l l , as confirmed audio

19 transcript our

20 is apparently demanding that the session be moved to Dr. Jadwin' s office. Mr. Lee's continued

21 intrusion into the examination is a further distraction and is simply contrary to accepted

22 practice. I request that the Court approve holding the last session in my office as Dr. Jadwin

23 and I agreed.

24 13. Additionally, I have asked Mr. Wasser to obtain records that would contemporaneously

25 document observations during Dr. Jadwin's childhood, secondary, college and osteopathy

26 school years, along with any available records o f his experiences as an Army enlistee and in his

27 past employment. These records would al low me to evaluate important aspects ofDr. Jadwin's

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DECLARATION O F R OB ER T BURCHUK, M.D. IN SUPPORT OFINDEPENDENT PSYCHOLOGICAL TESTING OF PLAINTIFF DAVID JADWIN




I personality that have emerged from my examination. I request that Plaintiff be directed to

2 cooperate in seeking these materials.

3 I declare under penalty of perjury under the laws of the State ofCalifornia that the foregoing

4 is true and correct.

5 Executed on June 3, 2008, in Los Angeles, California.

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

Robert Burchuk, M.D.

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EXHIBIT 1




Address:

Home Address:

Activities:

Education:

CURRICULUM VITAE

ROBERT BURCHUK, M.D.

6320 Canoga Ave. Suite 1500Woodland Hills, California 91367

[email protected]

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

Private Practice of Forensic Psychiatry

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 ofMedical Quality Assurance

License Number G62596, April 1988

Diplomate, National Board ofMedical Examiners

Certificate Number 256443, July 1983

Diplomate, American Board of Psychiatry and Neurology

Certificate Number 29390, November 1987




Managed CarelHealth 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 ' t r w PacifiCare KPI"n f l tW> l1 ,,,,,<-1,,, L

including oversight of

Management and Quality Improvement.

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 Great

West 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. (nowValue/Options). Utilization review and first level appeals of inpatient

and outpatient psychiatric treatment.

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Case 1:07-cv-00026-0\J\MI-TAG Document 152 Filed 06/03/2008 of 10

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

and a d ( ) l e ~ ; c e I l t n , v r h Eltn!'

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

January 1992-ApriI1997:

Private

Private Pr3ctice:

January 1991-December 1991:

Medical Director, Eating Disorders Program, Northridge Hospital

Medical Center, Clinical supervision ofmulti-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 Program, George

Washington University Medical Center.

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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Case 1:07-cv-00026-0W\N-TAG Document 152 Filed 06/03/2008 of 10

"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.

"Integration in Case" at Disease

Management America 15t Annual Integrated Healthcare

Leadership Summit: Co-Morbid Depression and Chronic

Washington, D.C. June, 2004.

and of Care:

Behavioral Health CareCalifCm1ia Association Healthcare

Publications: Beaudin, CL, Burchuk, RM. Clinical Practice Guidelines for Treating

Depression in Primary Care. P&TDigest. 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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152 kc request for conference re dme3 - supp dec burchukr

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