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“A Montgomery County jury reached a $5.6 million verdict after a nine day medical malpractice case against an osteopath for causing nerve and spinal injuries during a high velocity cervical manipulation performed upon his patient…In February 2005, Ms. Marquez presented to Dr. Rassael's office for purposes of receiving a very light, non-twisting osteopathic manipulation to her hip joint know as "muscle energy technique." Since her days as a Division One swimmer on the Michigan State swim team, and her participation in numerous trialthalons, many of which she won, she suffered from periodic hip pain which was resolved through use of the muscle energy technique. She presented to Defendant Rassael's office after specifically asking whether he was familiar with that technique and was told he was. After arriving at the office, however, the doctor laid Ms. Marquez on an exam table and proceeded to examine her back. When his hands got to the back of her head, he suddenly and without warning twisted her neck in both directions in a forceful manner, causing injury to the nerves in her neck and a rupture of one of her vertebral disks at C5-6. Ms. Marquez, now age 33, has never recovered from her injuries…Of significance, during the trial, the defendants intended to call a neuoradiologist, Charles Citrin, M.D., as an expert. Believing Dr. Citrin was a "professional witness" whose opinions were suspect, the plaintiffs sought discovery of Dr. Citrin's financial records to prove he was a "hired gun" expert. After three attempts to obtain this information to no avail, the presiding judge, The Honorable Marielsa Bernard, ordered Dr. Citrin to appear before her. After considering his testimony as to the whereabout of his financial records as "disingenuous" and his honestly questionable, she refused to allow Dr. Citrin to testify. This is one of the first reported cases of an expert being stricken for failing to produce financial information as to his/her income as an expert witness.”
Maryland Malpractice Lawyer (19th June 2010)