The Medical Evidence

My father, Lawrence J. Weiner, had Parkinson’s disease. In August 2021 he was diagnosed with stage 4 lung cancer. He hired Oppenheimer as a fiduciary because he knew his mind would decline.

What the written testimony said

We provided thorough, complete written medical testimony before the hearing.

Dr. Ami Desai, his physician: the record shows “a clear progression from mild changes in 2017 to significant impairment by Jan 2021.” Ex. 9 at 4

We also moved to qualify Dr. Desai as an expert witness, setting out her credentials. Motion

Nick Gorsline, his Parkinson’s trainer at the NeuroBalance Center: a written expert statement describing my father’s decline. Statement, 1/10/25 Attendance records

Why they had to testify live

Oppenheimer’s counsel demanded live testimony and asked that the physician’s written report be precluded “from any consideration,” so the arbitrator could observe her “evident bias, lack of credibility and/or lack of expertise.” OPCO motion, 2/21/25

On a conference call that was not recorded, the arbitrator told us that live testimony would carry more weight than a written report. So we brought both witnesses to testify live, at our own expense: $9,000 in expert fees. Invoices

What they said under oath

Dr. Desai testified to the decline she documented, from the first changes in 2017 to significant impairment by January 2021. 5/7/25 Tr. 43–68

Mr. Gorsline, who worked with my father from January 2019 through December 2023, testified that “beginning in 2020” he “noted significant progression in both motor skills and cognitive symptoms” and “marked changes in his ability to follow complex instructions.” 5/7/25 Tr. 57:20-23, 58:11-14

The fee increase was signed January 12, 2021. Ex. 13

What Oppenheimer offered in reply

Oppenheimer called no medical witness. Its only witness was the advisor, Mr. Hymen.

What the award said

The award’s case summary describes our claim that Oppenheimer raised the fee despite knowing of my father’s medical conditions and cognitive decline. It then denies every claim without a word about the medical testimony. Award pp. 2–3

In our view, the live testimony the arbitrator told us would carry more weight was given no weight at all in the award.

The Documents

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