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STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF WAYNE

*******************************

N D, Individually and*

B A. K , Conservator*

of the Estate of SELENA D, *

a Minor, *

Plaintiffs, *

vs.

ST. J HOSPITAL AND

MEDICAL CENTER

Defendant, *

*******************************

DEPOSITION OF: C L. C, M.D

R I. S Shorthand Reporter


APPEARANCES:

Representing the Plaintiffs: M & ASSOCIATES, P

BY: BRIAN M, ESQ.

Representing the Defendant:

KITCH, DRUTCHAS, WAGNER, DENARDIS &

VALITUTTI, P.C.

10 South Main Street, Suite 307

Mount Clemens, MI 4 8 043

BY: STARR M. HEWITT, ESQ.

(586) 493-4456

Videographer: Mr. J M

PROCEEDINGS

VIDEOGRAPHER: We are now recording and on the record.

My name is J M . I’m a legal video specialist for Catuogno Court Reporting. Our business address is 1414 Main Street, Springfield, Massachusetts 01144.

Today is March 10, 2 003. And the time is 1:47 p.m.

This is the deposition of Dr. C L. C in the matter of Nicole Lynn D, plaintiff, versus St. J Hospital and Medical Center, defendant.

The State of Michigan in the Circuit Court for the County of Wayne, Case Number 02-208608-NH.

This deposition is being taken at the Radisson Hotel, 92 9 Hingham Street, Rockland, Massachusetts on behalf of the plaintiff.

The court reporter is R S of Catuogno Court Reporting. Counsel



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will now state their appearances and the court reporter will administer the oath.

MR. M: Brian Mon behalf of the plaintiff.

MS. HEWITT: Starr Hewitt on behalf of the defendant.

C C, M.D., Deponent, having first been duly sworn, deposes and states as follows:

MR. M: Let the record reflect this is the deposition of C C, M.D., taken pursuant to notice in agreement with counsel as to date and time. The deposition shall be as for all purposes allowable under the Michigan court rules.

EXAMINATION BY MR. M: Q. Dr. C, as you know my name is Brian M. I have some important questions to ask you. If I ask you anything which is confusing or ambiguous, let me know in which case I will be happy to restate my





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question.

All right?

n *

Yes.

Q.

Can you state your name for the

record?

A.

C L. C,

C-E-T-R-U-

L-O.

Q.

Where are you currently in

practice?

A.

At New England Medical Center.

Q.

What is the nature of your

practice?

A.

Obstetrics and gynecology and

maternal and fetal medicine.

Q.

What percentage of your

practice is devoted to maternal/fetal

medicine?

A.

Probably about 70 percent of

the practi

ce.

Q-

How many depositions do you

give annually?

A.

I would say I give one or two

per month.

So maybe a dozen, two dozen

maybe.

Q-

Are those almost exclusively in



medical malpractice cases?

A. Yes.

Q. And are you predominately a defense witness?

A. I do about 40 percent on behalf of patients and 60 percent on behalf of defendants.

Q. Who are some plaintiff’s attorneys that you have worked with and given depositions for?

A. Clifford Law Firm.

Q. Where are they from?

A. In Chicago.

Q. Which attorneys there?

A. Katie Dzik. I can’t remember. Susan Capara.

Q. Okay. Which other firms for plaintiffs?

A. Elizabeth Kuniholm, K-U-N-I-H-O-L-M, in North Carolina.

Patrick Regan in Washington, D.C.

David Pritchard in Chicago. Hark Brice, B-R-I-C-E, in Rhode

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Island.

Those are the ones that I

remember and

that stand out in my mind.

Q.

Have you testified for any

plaintiff in

a VBAC case before?

A.

Probably.

Q.

Which of those attorneys did

you do a VBAC case for do you think?

A.

I don’t recall.

Q.

Did they involve uterine

ruptures?

A.

Possibly.

Q-

Have you testified as a

plaintiff’s

expert in cases involving

placental –

placenta abruptio?

A.

Yes.

Q.

For any of these particular

attorneys?

A.

I dont remember.

Q.

Do you keep a listing anywhere

of your medi

cal/legal activities?

A.

No.

Q.

Have you ever testified as a

plaintiff s

expert in Massachusetts?

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A.

Yes.

Q.

For whom?

A.

Oh, I can’t remember the name.

I would have

to look that up. I can?t

remember the

name of the firm as I sit here.

Q.

If you checked with your

office, you could find that information?

A.

Yes. I will be glad to provide

that for you.

I’m sorry, I just am blocking

it out.

Q-

Is it more than one occasion

you have been

a plaintiff’s expert in a

Massachusetts

‘ case?

A.

Yes.

Q.

What defense firms have you

done work with?

?t% *

Kitch.

Q.

How many cases have you done

for the Kitch

firm?

A.

I don’t know. I would have to

look that up.

Q-

Over 100?

A.

No.

Q.

Do you know how many times you

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have been

listed as an expert by them?

A.

No.

Q.

Over 50 times?

A.

I dont think so.

Q.

You can look that up somewhere,

can you?

A.

Yes.

Q.

Where — where can you look

that up?

A.

I have my secretary go through

my files

and give me an approximation.

Q.

Do you keep old files or just

active fi

les?

A.

No, old files would not be part

of that.

Q-

How many active files do you

think you

have now?

A.

I have no idea.

Q.

What other defense firms have

you done

work with? Let’s start in Michigan.

A.

I would have to look that up.

Q-

Have you done work with the

Wilmarth

Denary firm?

A.

Yes.

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Q.

Kit –or Plunkett and Cooney?

A.

No, not that I recall.

Q-

0′Leary?

A.

Not that I recall.

Q.

Can you think of any other

defense firms

you have worked with?

A.

I’m sorry?

Q.

Can you think of any other

Michigan defense firms that you have done

work with?

A.

No.

Q.

Nationally, what defense firms

have you worked with?

A.

Again, I would have to look

that up.

Q.

When were you first contacted

in this case?

A.

June of 2002.

Q.

Have you been a defense expert

in cases involving uterine rupture?

A.

Yes.

Q.

Abruptio placenta?

A.

Yes.

MR. M: Counsel, it is my

understanding that when I asked to review the records Dr. C had reviewed, he handed me a stack of documents which included some purported cover letters. You then took those into your possession; is that correct?

MS. HEWITT: That’s — the doctor didn’t take them into possession, I did.

MR. M: No, you don’t I’m addressing you. Did you take them into your possession?

MS. HEWITT: Yes, I took them under my possession. They are all cover letters though. They are work products, so they’re privileged –

MR. M: Well, if they are cover letters, they wouldn’t be — contain any privileged information.

MS. HEWITT: I don’t think there is any privileged information in here.

Notwithstanding my objection, you can take a look at them. And what I mean by that is my objection still stands. But feel