### Court ofAppeal Number: 04-15-00219-CV, Trial Court No. 20I4-CV-0393 

### and companion case ^ 

## Court of Appeal Number: 04-15-00218-CV, Trial CourtNo: 2014-CV-0392 "vS

OF A 

## DAVID GOAD § IN THE FOUWTjHSOURT^ Appellant, § 5, OO V. § § 

### JAMIE OSBORNE § & § 

### ERIC STREY § Appellee's. § SAN ANTONIO, TEXAS SECOND REQUEST FOR MORE TIME 

### Appellant. David Goad, makes this second request for more time to file his brieffor the following reasons: 

### 1. Appellant has previously e.xplained to the court that he suffered a stroke back in 2009 with subsequent heart surgery in 2010. 2. Appellant is disabled as defined under the Americans with Disabilities Act. 

### 3. In Februaryof2009. appellant went into atrial fibrillation (a-fib) as a resultof being tortured; the stroke came shortly thereafter. This left appellant with post traumatic stress disorder (PTSD). 

### 4. Appellant has symptoms ofdementia. Attached and incorporated herein along with other exhibits please find Exhibit "A." This is an article relating mental decline due to a-fib. 5. See Exhibit "B" a 2010 letter from Texas Cardiac Arrhythmia. This letter 

### documents a heart rate of261 beats per minute (bpm). This was a device (Holter monitor) 

### used for two days that was able to record a much high heart rate than other monitoring eqipment. However, this is not even close to the much higher rates the appellant frequently 

### endured, rates so high the monitoring equipment the appellant used would display "ERROR." It is believed that appellant's heart rate exceeded 300 bpm on these occasions and these

### episodes lead to the discovery ofthe appellant's PTSD. Mainly, but not always, during certain events or in certain environments the heart rate would skyrocket. 

### 6. The PTSD was discovered when the Holter monitor was in place. This documented 

### the appellant's heart rate more than doubling when he entered a certain environment. At times the heart rate tripled, but this is not documented on a Holter monitor. Rather, it is estimated 

### based upon the condition the appellant was in, for example, the appellant would pass-outand fall to the ground or have to sit down immediately. The 251 bpm recorded on the Holter monitor only caused a briefdelay in walking. 

### 7. Not only did the appellant havea-flb and a runaway heart rate, he also had flutter,
see Exhibit "C." 1can only say that death felt eminent on a daily bases. 8. Exhibit "D" is the most current letter from a physician. SUMMARY 

### 9. Just in September, appellant has briefs due in this court (4th court ofappeals), the Texas Supreme Court 15-0663, and the Fifth Circuit Court ofAppeals USDC No. 5:14-CV

### 813. Additionally, a critical emergencymotion was to be in the hands of the Western District Court in San Antonio on July 20, 2015. Since July 17,2015, the appellant has suffered a severe setback that has stopped him in his tracks. Since the 17th ofJuly he has only been able to write approximately 10 pages in total, all for "more time," believing health will quickly improve. Health has not improved and it is not known when it will improve to a level that will allow the appellant the capacity to complete his work. Each time a court threatens the appellant with a dismissal it exacerbates the health issue. 

### Although the surgery was a success, it did not alter the underling cause ofthe appellant's illness and the a-fib does reoccur. REQUEST

### Appellant asks the court again to provide additional time to complete the brief. He 

### respectfully asks that he be allowed to provide notice to the court in 30 days time regarding his ability to complete the brief as his health concerns have made deadlines all but impossible

to meet. DECLARATION 

### L David Goad, if requested to do so, could and would competently testify under oath, based upon my personal knowledge, to the matters stated herein: The information provided in the attached SECOND REQUEST FOR MORE TIME is true. 

### I freely swear under the penalty ofperjurj' under the Laws ofthe United States of America that my above statements are true and correct to the best ofmy knowledge. August 3, 2015

Please notice new phone number 

### Respectfully submitted and attested to.

DAVID GOAD, Plaintiffpro se 1154 Rivertree Drive New Braunfels, Texas 78130 512-730-0762

CERTIFICATE OF SERVICE 

### The undersigned certifies that on September 10, 2015, this SECOND REQUEST 

### FOR MORE TIME was served on all parties in accordance with Texas Rules ofCivil Procedure as set out herein below: 

### Jeremy R. Sloan, Esq. 16500 San Pedro., Suite 410 San Antonio, Texas 78232 U.S. Mail

David Goad

# •irisi Fibrillation's Rapid HeartbeatCanSpeed Mental Decline

-Hea... hilp:/,'wwvv.evcrydayhealth.com/news/atrial-fibrillation-rapid-hcartbc.
Brought to you by Everyday Health 

# Racing Heartbeat Can Speed Mental Decline ByJennifer J. Brown,PhD, ©jjunebrown 

## The rapid, Irregularheartbeat ofatrial fibriUation is linked toearlierdementia. Monday, January 13, 2014 

### People who have atrial fibrillation develop dementia atyounger ages than those without Afib, finds a new study thatshines a light on therelationship between heart health andbrain health. Theresearch waspublished in Neurology.

Atrial fibrillation, also calledAfib, Is a common heart condition inwhich the 

### heartbeat becomes irregular, putting aperson athigher risk for stroke and heart failure. In the aging 

### U

S. population, both Afib and dementia are on the rise. Stroke is known to affect brain function and cause disability, but theeffect oftheAfib that comes before stroke has not been clear. 

### 'Ihave been interested in the overlap between heart health and brain health for along time, said Evan Thacker, PhD, anepidemiologist and author ofthestudy, who ison thestaffofthe Cardiovascular Health Research Unit at the University ofAlabama at Birmingham. The connections between Afib andbrain function arenow coming into focus, said Dr. Thacker. We studied atrial fibrillation in particular because several studies mthe pastshowed cognition testscores were lower atone point, but did not track scores over time as people got older," heexplained. "As 

### people get into their seventies, eighties and nineties, scores tend to go down, and we wanted to see ifthatwould be truefor patients with atrial fibrillation as well. As people's cardiovascular systems become less healthy, they need tothink about the impact on the restofthebody. The Heart Heatth-Brain Health Link 

### The new study followed 5,150 healthy participants, aged 65 and up, for an average ofseven years, and found that552 ofthem developed Afib, 11 percent ofthegroup. To screen for brain function, participants took a test ofmemory, orientation, calculation andverbal fluency eachyear; scores below 78 correct out of 100 pointed topossible dementia. Over time, scores went down more rapidly for peoplewith Afib afterthey reached age 75, by an average oftwo points every five years. As they aged, people who were diagnosed with Afib developed dementia two years earlier on average, at age85. compared with age87 for people without Afib. People who were diagnosed with stroke were not included in thestudy, so theacceleration ofdementia wasnotthought to be due to stroke. But in thepatients who had Afib, silent strokes caused by undetected clots may account for some decline in brain function. People who developed Afib in thestudy were more likely tohave other heart conditions, including

• hypertension
• coronary heart disease

• heart failure Treat the Heart Problem, Save the Brain? It's possible thatany orall of theseheart conditions influence brain function. What's clear isthat heart health and brain health are connected as we age, according to Thacker; "One of the reasons people with atrial fibrillation get cognitive decline may be due to small blood clots in the brain. Taking blood thinners may help, like they help prevent a stroke." He added that investigators hope tofigure cut which heart or blood clotor other medications may prevent loss of brainfunction in the coming Cardiologist William Abraham, MD, an Everyday Health columnist. Professor ofInternal Medicine and Chief of the Division of Cardiovascular Medicineat The Ohio State University College of Medicine In Columbus, put the findings into practical perspective, "Atrial fibrillation Isoften a result ofhigh blood pressure, so controlling high blood pressuremaybe a way to avoid both atrial fibrillation and the 

# /9'

8/7/2014 9:16 AM2or2 Fibrillalioii's RapidHeartbeat Can SpeedMental Decline

- Hea... http://www.everydayhealth.com/news/atrial-fibrillatlon-rapid-heartbe., associated earlier dementia. Moreover, once atrial fibrillation occurs, the present findings support a more aggressive approach to treatment (cardioversion or atrial fibrillation ablation) as another possible way to avoid earlier dementia."
The mental decline of dementia has been linked to aging, and so has atrial fibrillation. But dementia is not a normal part of aging. Instead, it is a set of symptoms including decreased brain functioning. Changes in memory and language skills and, sometimes, delusions and hallucinations. Earlier dementia is a heavy burden for the aging patient and caretakers. Patients with dementia often need care 24 hours a day, and they may require constant supervision in order to remain safe. Iffurther research supports Thacker's findings, treating heart conditions like Afib, high blood pressure, and heart failure could help lessen the dementia burden.
Last updated: V13/2014

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8/7/2014 9:16 AM

### Texas Cardiac Arrhythmia
A

DivisionofCardkwascularSpecialists nfTexas, PA
16August, 2010 

### ^OOON IN 35. Ste700 Austin. TX78705 

## (612) 807-3150 Fax (512)^8-7879

To Whom It May Concern: 

# Mr. Goad is cur.n«y under my oa. for a-veje^diao distu*an=e. We have now scheduled his surgeryfor asecond time on; August 19.2010. 

# Due to Mr. Goad's heart condition, he is unable h'^rt been revoked bythe State ofTexas. In Feb ry , gaemed to occur on adally rate at 261 beats per minute. This extremely high heart rate seemea xo ouwi basis.

dumsiness and more. 

# approxlmat^Ml^afterhis surgery.
Rodney P. Horton, MD Texas Cardiac Arrhythmia

### Texas Cardiac Arrhythmia

www.tcaheart.com

October 26, 2011
RE; David Goad DOB 1/16/57 3000 N. IH 35. Ste 700 Austin, TX 78705 

### (512)807-3150 Fax {512)-458-7879

To whom it may concern, 

# This letter s^esJo-doGuro^^Mr. David Goad's previously documented diagnosis ofatrial fibrillation gnd a^ial flutter. ^These abnormal cardiac arrhythmias cause erratic and rapid electrical condiJCtTOfv4n tbe hdart leading to severe symptoms and a potential decrease In cardiac output. Mr. Goad's symptoms included profound fatigue, heart palpitations, 

## dizziness and shortness ofbreath. These symptoms have been debilitating for him. Respectful,

# l/r Rodney P. f^rton, MD



# '6'OUR MISSION "ToExtendthe HealingMinistry ofJesus Christ" 

## CHRISTUS. 

## SANTAROSA MEDICAL GROUP Family Medicine Bulverde

Claudlo C. Toledo, M.D. CSRMG 19851 State Hwy 46W Spring Branch, TX 78070 (830)438-8866 April 20, 2015 To Whom It May Concern, 

### Mr. David Goad (DOB: 01/16/1957} has amedical condition which prevents him from working pending completion of diagnostic studies and definitive treatment. 

### In addition because of the nature ofhis cardiac condition, Irecommend that he be allowed to be seated 

### when necessary, as acute flare ups are episodic, and that some leniency be allowed regarding scheduling of appointments and proceedings. Sincerely,

Claudio Toledo, M.D.

19851 State Highway46 W ( Suite 201 Spring Branch ] TX 79070 Tell 830.438.8866 | Fax 830.438.9084