court order on March 5, 1999.176 The clarifications requested consisted of indicating “the
date of the accident in the opening paragraph” [of the expert report] and “clarif[ying] to
what extent the mental disorder aggravated the abnormal experiential neurotic reaction.”
The clarifications were answered in a brief filed on May 11, 1999.177 At that time, the expert
confirmed that “the correct date on which accident occurred [was] 1988.” On the other
point, he explained that “in specifying that the organic post-traumatic mental disorder
aggravate[d] the abnormal neurotic reaction” he meant that “if the accident had not
occurred […] the abnormal experiential neurotic reaction may not have appeared, [and] if it
had appeared, it may have been minor or could have been addressed with or without
psychotherapy.”
96.
With regards to the medical report by the expert in neurology, on November 15,
1999, after requesting an extension of 20 days, 178 the expert neurologist submitted his
written expert opinion. At that time the expert witness also submitted an encephalic MRI
with gadolinium.179 According to his report, Sebastián Furlan suffered from “a Grade IV
organic post-traumatic mental disorder, with a partial and permanent disability of 70%
according to the evaluation table of workplace disability” established in Argentinean Law.180
This report concluded that: i) “the aftereffects that the plaintiff presents were caused by
cranial encephalic trauma” and “are irreversible, particularly the cognitive disorders.”
Regarding the “motor disorders” he indicated that “these can be reduced through
appropriate physio-kinesiologic therapy”; ii) “the medical treatment, the surgical treatment
the pre and post operative therapeutic measures were appropriate for [the] plaintiff’s
clinical condition”; iii) “the treatment should be predominantly psychiatric, in order to
medicate [the patient] with the necessary drugs to reduce anxiety and aggressiveness,” and
iv) “physio-kinesiologic therapy treatment should be given in order to re-teach [him his]
motor skills,” for a period of at least. Two weekly sessions were requested “at a cost of 40
pesos per session.”181 On November 29, 1999 the applicant’s attorney requested
clarification of the expert report presented by Dr. Juan Carlos Brodsky182 regarding the
physical therapy and kinesiotherapy ordered in his report. On that occasion the attorney
asked for information “as to how long Sebastián Furlan [should] undergo this treatment.”
The expert witness answered this point in December 1999, indicating that “the physicalkinesiotherapy [should] be carried out for a period of no less than two years.”183
97.
On February 25, 2000, the petitioner’s attorney requested that the evidence be
certified and that the evidentiary period be closed 184. On March 2, 2000 the court certified
176
Cf. Brief of the Federal Judge of First Instance of March 5, 1999 (file of appendices to the report, volume I,
appendix 6, page 432).
177
Cf. Brief of Doctor Luis Garzoni of May 11, 1999 (file of appendices to the report, volume I, appendix 6,
page 443).
178
Cf. Brief of Doctor Juan Carlos Brodsky of October 26, 1999 (file of appendices to the report, volume I,
appendix 6, page 450).
179
Cf. Expert Report of Doctor Juan Carlos Brodsky, pages 451 to 459.
180
Cf. Expert Report of Doctor Juan Carlos Brodsky, page 456.
181
Cf. Expert Report of Doctor Juan Carlos Brodsky, page 458.
182
Cf. Brief of Sebastián Furlan’s attorney of November 29, 1999 (file of appendices to the report, volume I,
appendix 6, page 460).
183
Cf. Brief of Doctor Juan Carlos Brodsky (file of appendices to the report, volume I, appendix 6, page 463).
184
Cf. Brief of Sebastián Furlan’s attorney of February 25, 2000 (file of appendices to the brief of pleadings
and evidence, volume VII, pages 3584 to 3586).
33
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