Cerebral Palsy Depositions from Wayne (1/22)

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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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48:19 5

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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 don‘t 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 don‘t 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

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Cerebral Palsy Depositions from Wayne (1/22)