posted by admin on Jun 5
11
1 Q – list for me the other material you were
2 sent to review in connection with this case.
3 A Okay. I got a report from Dr. Gatewood. A
4 report from Dr. K. A report from IB. I
5 also have reports from Dr.l, F, F,
6 G, and Nurse C. I looked at
7 Dr. H’s deposition. And let’s see. I looked
8 at — this is Dr. — let’s see. I had that one, I
9 think. P. I think I looked at S, P.
10 March 15th. Okay. No, I don’t –
11 Q Is that it?
12 A Let’s see. Yeah, I already said that. No,
13 I think that’s it.
14 Q Did this — all the material that you were
15 ever sent in this case come with any cover letters from
16 defense counsel?
17 A Yeah, I think it probably did, but I don’t
18 have them. Oh, I have two of them. I have — I have
19 one dated February 21st, 2001 with the reportsl,
20 F, F, and I have another cover letter with
21 reports of Gatewood, K and B. The rest of
12
1 them I don’t have.
2 Q Where are the rest of the letters?
3 A Probably lost.
4 Q How could you lose letters you were sent in
5 connection with this case?
6 A It’s easy.
7 Q Did you lose anything in this case you were
8 sent, other than the cover letters from defense
9 counsel?
10 A Not that I can remember.
11 Q Do you know when you lost the cover letters
12 from defense counsel?
13 A No.
14 Q Has this happened in other cases that
15 you’ve reviewed for defense counsel, things get lost?
16 Do you recall?
17 A I would say yeah, things get lost probably
18 about 75 percent of the time.
19 Q And would you agree with me that it’s only
20 cover letters from defense counsel that get lost each
21 time?
13
1 A No. I think it’s equally distributed
2 between defense and plaintiff.
3 Q Well, what percentage of p’ work
4 do you do, sir?
5 A It’s about 20 percent.
6 Q Do you do any p’ work in the state
7 of Maryland?
8 A Sure.
9 Q When was the last time you testified in the
10 state of Maryland that a delay in delivery caused brain
11 damage to a baby?
12 A I probably never have really testified.
13 That sounds like more of a standard-of-care issue. I’m
14 more related to causation, you know, when it occurred.
15 Q Right. When have you ever testified in
16 Maryland that the cause of a baby’s brain damage was a
17 delay in delivery, or, putting it another way, that an
18 earlier delivery would have avoided brain damage?
19 A Well, I don’t think I’ve testified very
20 often at all throughout the years. It’s not — I
21 testify about, you know, the mode of injury, but –
14
1 Q Okay.
2 A – the timing of delivery would be
3 something for the obstetrician.
4 Q When have you ever testified outside the
5 state of Maryland that an earlier delivery would have
6 avoided brain damage in a baby, or, putting it another
7 way, that having the baby delivered at the time the
8 baby was delivered is what the cause of the brain
9 damage was?
10 A I’m not sure I’ve ever testified one way or
11 the other. The — I don’t really testify about
12 delivery very often. It’s more the cause — the cause
13 and timing of the brain injury.
14 Q Sir, isn’t it a fact on many occasions in
15 defense cases, you have testified that an earlier
16 delivery would not make a difference, because the cause
17 of the baby’s brain damage occurred well before the
18 labor and delivery process?
19 A Well, the primary focus would be on the
20 cause and timing of the injury, not so much on the mode
21 of delivery.
15
1 Q Right. I know that. And wouldn’t you
2 agree with me that many times you’ve testified that the
3 timing of the cause of the baby’s brain damage was
4 before the labor and delivery process?
5 A All right. That’s true about 80 percent of
6 the time, as you know.
7 Q I’m asking you. When you testified, you’ve
8 testified to that on many occasions, correct?
9 A I don’t know. I think we’re going nowhere.
10 Q Well, that’s because you don’t want to
11 answer the question. I’m going to ask until I get a
12 responsive answer.
13 MR. J: Objection.
14 Q Isn’t it fair, sir, that you’ve testified
15 that the cause of a baby’s brain damage has occurred
16 before the labor and delivery process?
17 A Sometimes, yeah, but I don’t know how many.
18 Q Okay. And the opposite of that, isn’t it
19 fair to say you’ve never testified that the timing of a
20 cause of a baby’s brain damage occurred during a labor
21 and delivery process?
16
1 A Yeah, I’ve testified on that on numerous
2 occasions, sure.
3 Q Oh, okay. Can you list for me any of those
4 numerous occasions where you’ve testified that the
5 timing of a baby’s brain damage occurred during a labor
6 and delivery process?
7 A I’ll name one, but I’m not going to give
8 you a long list. I’ve testified — I testified in
9 Dayton, Ohio about nine months ago that the cause of
10 the brain injury was forceps delivery.
11 Q Who’s the plaintiff’s attorney?
12 A Greg Gibson.
13 Q And that was nine months ago, correct?
14 A Yeah.
15 Q Okay. Sir, how much time have you spent
16 looking at all this material and talking to the
17 attorneys?
18 A Probably about six hours.
20 attorneys before?
21 A One time, yeah. I think I gave a
17
1 deposition a couple years ago.
2 MR. J: I was –
3 Q Do you remember the name of that case?
4 MR. J: Just to correct that, I
5 wasn’t working with you. There was some other defense
6 counsel from another law firm on that case. I just
7 happened to be –
8 THE WITNESS: But this firm I think was –
9 MR. J: I was a co-defendant in that
10 case.
11 THE WITNESS: Yeah.
12 A There was at least one other time, this
13 W, H firm, because I remember the stationery.
14 It’s got the Terminal Tower on the front. You want –
15 Q Do you remember the name of the case, is
16 the question?
17 A No.
18 Q In that case, were you testifying about the
19 cause of the timing of a baby’s injury?
20 A Most likely, yeah.
21 Q Did you give a deposition where you are
18
1 giving a deposition today?
2 MR. J: Excuse me? I don’t
3 understand.
4 A You mean in the same court reporter –
5 Q Yes.
6 A Probably, yeah.
7 Q Okay. Are there any conference rooms at
8 the KKInstitute?
9 A Yeah.
10 Q How many people can fit in a conference
11 room at the KK Institute?
12 A It depends. There’s one that you can
13 probably fit about 60 people in, and others about a
14 dozen.
15 Q And is there more than two conference rooms
16 at the KK?
17 A I think probably altogether there are about
18 eight.
19 Q Okay. Are they packed all hours of the
20 day?
21 A Pretty much.
19
1 Q Do you ever schedule things in those
2 conference rooms?
3 A Sometimes.
4 MR. J: I’m going to object to this
5 line of questioning. Go ahead.
6 A Well, you’d like to learn –
7 KK Institute, you might want to make a
8 donation.
9 Yeah, they’re packed. We have a hundred
10 thousand patient visits a year. We have 350 children
11 in our school. Fifteen hundred people work there. So
12 it’s — it’s a busy place.
13 Q The question is, do you ever schedule
14 things during any of those conference rooms?
15 A Yeah, sure. When it’s business or
16 teaching, sure.
17 Q Okay. Well, you do schedule visits there.
18 Why don’t you ever schedule a deposition at the
19 KK Institute?
20 A Well, I think it’s — it’s not really
21 official KK business. I think it would be