Court of Appeal Number: 04-15-00219-CV, Trial Court No. 20I4-CV-0393

and companion case ^

Court ofAppeal Number: 04-15-00218-CV, Trial Court No: 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 brief for

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 result of

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 have a-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 of appeals), the

Texas Supreme Court 15-0663, and the Fifth Circuit Court of Appeals USDC No. 5:14-CV813. 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 of perjurj' 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 Heartbeat Can Speed 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, Irregular heartbeat of atrial fibriUation is linked toearlier dementia.

Monday, January 13, 2014

People who have atrial fibrillation develop dementia at younger ages than

those without Afib, finds a new study thatshines a light on the relationship

between heart health and brain health. Theresearch was published in

Neurology.

Atrial fibrillation, also called Afib, Is a common heart condition inwhich the

heartbeat becomes irregular, putting a person at higher risk for stroke and heart failure. In the aging

US. population, both Afib and dementia are on the rise. Stroke is known to affect brain function and

cause disability, but theeffect of theAfib that comes before stroke has not been clear.

'I have been interested in the overlap between heart health and brain health for a long time, said

Evan Thacker, PhD, anepidemiologist and author of thestudy, who ison the staff of the

Cardiovascular Health Research Unit at the University ofAlabama at Birmingham.

The connections between Afib and brain function are now coming into focus, said Dr. Thacker. We

studied atrial fibrillation in particular because several studies mthe pastshowed cognition testscores

were lower at one 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

if thatwould be truefor patients with atrial fibrillation as well. As people's cardiovascular systems

become less healthy, they need tothink about the impact on the restofthe body.

The Heart Heatth-Brain Health Link

The new study followed 5,150 healthy participants, aged 65 and up, for an average of seven years,

and found that552 ofthem developed Afib, 11 percent ofthe group. To screen for brain function,

participants took a test ofmemory, orientation, calculation and verbal fluency each year; 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 the patients who had Afib, silent strokes caused by undetected clots may account for

some decline in brain function. People who developed Afib in the study were more likely to have

other heart conditions, including

• hypertension

• coronary heart disease

• heart failure

Treat the Heart Problem, Save the Brain?

It's possible thatany orall of these heart 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 brain function 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 of high blood

pressure, so controlling high blood pressuremaybe a way to avoid both atrial fibrillation and the

/9'

8/7/2014 9:16 AM
2or2

Fibrillalioii's Rapid Heartbeat Can Speed Mental 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

ADivision of Cardkwascular Specialists nf Texas, PA

16 August, 2010

^OOON IN 35. Ste 700 Austin. TX 78705 (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 surgery for asecond time on; August 19.2010.

Due to Mr. Goad's heart condition, he is unable h'^rt been revoked by the State of Texas. In Feb ry , gaemed to occur on a dally rate at 261 beats per minute. This extremely high heart rate seemea xo ouwi

basis.

dumsiness and more.

approxlmat^Ml^ after his 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 of atrial

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 of Jesus Christ"

CHRISTUS.

SANTA ROSA 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 of his 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 Highway 46 W ( Suite 201

Spring Branch ] TX 79070

Tell 830.438.8866 | Fax 830.438.9084