posted by admin on Feb 1
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. G.. A
4 report from Dr. Kiwi. A report from Ira Bergman. I
5 also have reports from Dr. Lage, Farrell, Brill,
6 Greenberg, and Nurse Cicero. I looked at
7 Dr. Hermanson’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 Month21st, year with the reports Lage,
20 Farrell, Brill, and I have another cover letter with
21 reports of G., Kiwi and Bergman. 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 plaintiffs’ work
4 do you do, sir?
5 A It’s about 20 percent.
6 Q Do you do any plaintiffs’ work in the state
7 of M.?
8 A Sure.
9 Q When was the last time you testified in the
10 state of M. 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 M. 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 M. 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?
Leave a Reply
You must be logged in to post a comment.