1

2 EXAMINATION BY

3 MR. GERSHON:

4 Q Would you please state your name

5 for the record.

6 A ________.

7 Q Where do you reside?

8 A Forty-five Hitherbrook Road, Head

9 of the Harbor, New York 11780.

10 Q What records have you reviewed?

11 A I reviewed the medical records of

12 the mother of the child; some follow-up

13 records of the child; and three depositions,

14 those of -- I think it's _____________, the

15 mother of Mr. _____, I believe, or Mrs.

16 _________, I'm not sure whom, the deposition

17 of Dr. _________, and the last deposition

18 was the deposition of Dr. _________.

19 Q Have you reviewed anything else in

20 connection with this case?

21 A No, I haven't.

22 Q Medical articles, textbooks?

23 A I reviewed the 1999 international

24 consensus on cerebral palsy that was in the

25 October issue of the British Medical Journal.


ALLIANCE REPORTING SERVICE, INC. * (516) 741-7585




5
1 ________, M.D.

2 That's the only thing that comes right to

3 mind.

4 Q Do you have some notes?

5 A Yes, I do.

6 Q How many pages?

7 A There are four pages, front and back.

8 Q Are those the only notes you ever

9 made on the case?

10 A That's correct.

11 Q Any opinions on there?

12 A No.

13 MR. GERSHON: We'll mark those as

14 Plaintiff's Exhibit 1 at the end of the

15 deposition.

16 Q Doctor, have you talked to any

17 health care providers about the case?

18 A No, I haven't.

19 Q Is there a list of exactly the

20 medical records you reviewed in any of those

21 binders or cover sheets they sent you with

22 the records?

23 A Yes, there is.

24 MR. GERSHON: Those lists of

25 medical records will be Plaintiff's


ALLIANCE REPORTING SERVICE, INC. * (516) 741-7585




6
1 ________, M.D.

2 Exhibit 2 at the end of the deposition,

3 if that's okay, Ms. Court Reporter.

4 Q Doctor, what is your understanding

5 of the child's current condition, to a

6 reasonable degree of medical probability?

7 A I understand the child has cerebral

8 palsy, is severely retarded cognitively, and

9 obviously has many developmental delays.

10 Q Doctor, do you have an opinion to a

11 reasonable medical probability, what is the

12 cause of the child's current condition?

13 A Yes, I do.

14 Q What is that?

15 A My opinion is the child suffered

16 antenatal, that is, before labor, upwards of

17 48 hours or more before labor, she suffered

18 hypoxic-ischemic injury to the brain.

19 Q Can we call that HIE for

20 simplicity?

21 A That's fine.

22 Q Doctor, when you say antenatal 48

23 hours or more, are you saying to a reasonable

24 medical probability, it was at least 48 hours

25 before birth?


ALLIANCE REPORTING SERVICE, INC. * (516) 741-7585