1
 1           IN THE COURT OF COMMON PLEAS
 2                SUMMIT COUNTY, OHIO
 3                        - - -
 4   ANDREW D DUKE, Executor   )
    of the Estate of PATRICIA  )
 5   ANN DUKE, Deceased,        )
                  Plaintiffs   )
 6                              )
             vs               )  CASE NO
 7                              )  CV200-09-3982
    CARL MADER, JR, MD,     )
 8   et al,                    )
             Defendants        )
 9   ---------------------------)
10   
     DEPOSITION OF:
11             ROBERT A DEIN, MD
              WEDNESDAY, FEBRUARY 6, 2002
12             1:10 PM
13   
14   
15    Reported by:
16            CYNTHIA A WHYTE, RPR
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                                                                     2
 1                 Deposition of ROBERT A DEIN,
 2   MD, taken on behalf of the Defendants, on
 3   Wednesday, February 6, 2002, 1:10 pm, at Bryn
 4   Mawr Hospital, 130 South Bryn Mawr Street, Bryn
 5   Mawr, Pennsylvania, before CYNTHIA A WHYTE,
 6   RPR
 7   
 8   APPEARANCES OF COUNSEL:
 9   
    FOR THE PLAINTIFFS:
10   
         VARIAN & HENRIETTA
11        BY:  DONALD S VARIAN, JR, ESQ
         195 South Main Street, Suite 400
12        Akron, OH  44308
         (330) 434-4100
13   
    FOR THE DEFENDANTS RICHARD MORETUZZO, MD,
14   T CLIFFORD DEVENY, MD, TARA SCOTT, MD, AND
    VALLEY ODS:
15        BONEZZI, SWITZER, MURPHY & POLITO
         BY:  WILLIAM BONEZZI, ESQ
16        1400 Leader Building
         526 Superior Avenue
17        Cleveland, OH  44114
         (216) 875-2767
18   
19   FOR THE DEFENDANT CARL MADER, JR, MD:
         REMINGER & REMINGER
20        BY:  LESLIE SPISAK, ESQ (VIA TELEPHONE)
         Suite 701, 113 St Clair Avenue NE
21        Cleveland, OH  44114
         (216) 687-1311
22   
23    ALSO PRESENT:
          T CLIFFORD DEVENY, MD
24   
25   

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 1                       I N D E X
 2   WITNESS:                                   Page
    ROBERT A DEIN, MD
 3           By Mr Bonezzi                   4, 103
            By Mr Spisak                        85
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                                                                     4
 1               ROBERT A DEIN, MD, having been
 2   duly sworn, was examined and testified as follows:
 3               MR BONEZZI:  Let the record show this
 4   is the deposition of Robert A Dein, MD, who has
 5   been identified as one of the witnesses who will be
 6   providing testimony in an expert fashion on behalf
 7   of the estate of Patricia Duke
 8   BY MR BONEZZI:
 9     Q   Doctor, I'm going to be asking you some
10   questions this afternoon pertaining to opinions that
11   you hold and that were set forth in a letter I
12   believe dated April 6, 2001 and directed to Mr
13   Varian  If I ask a question this afternoon that you
14   don't understand, I would request that at the
15   conclusion of my question you tell me you didn't
16   understand it, and what I will try to do is rephrase
17   the question so that we can communicate  Is that
18   fair?
19     A   That's fair
20     Q   I also ask that if I ask something and you
21   don't know the answer to it, just tell me that, and
22   I will move on  Fair?
23     A   Yes
24     Q   And, most importantly, if you would, answer
25   or respond to any questions that I pose in an

                                                                     5
 1   audible fashion, "yes," "no," some type of sentence
 2   structure for this young lady to your right  A nod
 3   of the head she may miss  Will you do that for me?
 4     A   I will do that
 5     Q   Your full and complete name, please?
 6     A   Robert Alan Dein
 7     Q   And you are a medical doctor; is that
 8   correct?
 9     A   Yes, I am
10     Q   What is your specialty, sir?
11     A   I'm an obstetrician/gynecologist
12     Q   Do you still practice gynecology?
13     A   I do
14     Q   And if you had to break your practice down
15   between obstetrics and gynecology, what would the
16   breakdown be?
17     A   Very close to 50/50
18     Q   What is your date of birth?
19     A   8/18/57
20     Q   And you are presently practicing at Main Line
21   Women's Health Care Associates?
22     A   Yes, I am
23     Q   Is that located, at least according to your
24   report, 1030 East Lancaster Avenue in Rosemont?
25     A   Yes, it is

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 1     Q