Free Motion to Dismiss - District Court of Delaware - Delaware

Case 1:04-cv-01205-SLR Document 101-3 Filed 08/25/2006 Page 1 of 4
EXHIBIT B

Case 1:04-cv-01205-SLR Document 101-3 Filed 08/25/2006 Page 2 of 4
JEFFREY ALONZOI SIMMS .
Page 29 §
1 swelling would continue to erupt as I use my knees g
2 and that I would need some type of an advanced E
3 treatment to eliminate the situation. And once é
4 given this knowledge from Dr. Freedman and 2
5 discussing this with Dr. Burns, it was conflicting §
6 information because they went into a discussion é
7 about the cost and things of that nature other than E
8 discussing what type of relief in the emergency §
9 treatment that I may need for the intense pain. g
lO And I explained to Dr. Burns that
ll because of security, you know, when they show little g
12 or no response of helping me as far as a bottom
l3 bunk, anything that she may write down or say to me g
l4 to alleviate these problems through Dr. Freedman i
15 as a specialist through the chain of command for 1%
16 these problems. You know what I mean? Security i
l7 would blatantly, you know what I mean? g-
l8 Q What do you believe Dr. Freedman's E
19 responsibility was regarding your care? §
2O A I think his responsibility was the same §
2l information that he gave me he could have gave to g
22 Dr. Burns. §
23 Q And what information do you allege was E
24 not given to Dr. Burns? g
25 A Of the intense pain that I'm enduring g
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KARASCH & ASSOCIATES
800—621—5689

Case 1:04-cv-01205-SLR Document 101-3 Filed 08/25/2006 Page 3 of 4
JEFFREY ALONZO SIMMS
‘- _ Page 30é
1 because of the continued swelling of my knees and g
2 the fluid on my knees. §
3 Q Okay. I have your medical records from §
4 Dr. Freedman and I'm going to have this marked. i
5 This is the medical record written by Dr. Harry §
6 Freedman on August 5, 2004, and, Mr. Simms, I will Q
7 read part of this impressions plan for you: I do g
8 not feel that he is a candidate for a total knee
9 replacement. Is that the surgery that you believe _
10 Dr. Freedman wanted you to have? .
11 A The surgery that he wanted me to have and g
12 that he discussed with me was, for the most part, he é
l3 was offering me some assistance with the pain, you §
14 know what I mean? And that medication alone, maybe g
15 for the most part, basically was a short remedy i _
16 for the pain. But for the long run, it would need g
l7 [some type of surgery done to my knees, and he g
18 advised me that crutches and knee braces and things i
19 of that nature may offer some type of a relief. §
20 Q Is that advice correct advice? g
21 UA That's the advice that he gave me in his g
22 office. é
23 Q Yes. And is that advice correct advice? E
24 A From him, after explaining to him my E
25 problems and that I mean I had tried my own remedies g
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KARASCH & ASSOCIATES
800—621—5689

Case 1:04-cv-01205-SLR Document 101-3 Filed 08/25/2006 Page 4 of 4
‘ JEFFREY ALONZO SIMMS
Page 40 g
1 because, you know what I mean, I'm in pain, you know E
2 what I mean, and I'm still in pain. I still have a §
3 great deal of pain with my knees. E
4 Q And what you have written in your §
5 complaint is on 8/24/04, denied emergency treatment? ig
6 A Yes.
7 Q And surgery as a result? i
8 A Yes. §
9i Q Q And then you go into disfigurement? i
l0 A Yes. g
ll Q And you refer to a leg. Which leg are g
I 12 you referring to there? - · 3
l3 A Right. Q
l4 Q It says main leg. That's your right leg? i
l5 A Yes. i
l6 Q Okay. Did Dr. Freedman have anything to
l7 do with the Emergency Department treatment on §
is 8 /24 / O4 .
l9 A. The information concerning my knees, Dr. g
20 Freedman failed to give this information to Dr. g
2l Burns and, as a result, you know, the pain lingered g
22 on without any treatment. g
23 A Q And that's Dr. Freedman's only connection i
24 to the August 24th complaint date? g
25 A And as a result through the chain of E
KARASCH & ASSOCIATES
800—621—5689