1


                          IN THE UNITED STATES DISTRICT COURT

                          FOR THE EASTERN DISTRICT OF VIRGINIA

                                  NORFOLK DIVISION





                 RAYMOND ADELMAN, MD,

                              Plaintiff,

                      v                         Case No

                                                 2:00CV785



                 MEDICAL COLLEGE OF HAMPTON

                 ROADS,

                              Defendant

                                       - - - - -

                           Deposition of ELLIS D AVNER, MD,

                 called for examination under the statute, taken

                 before me, Renee L Pellegrino, Registered

                 Professional Reporter in and for the State of

                 Ohio, by agreement of counsel, at Rainbow Babies

                 & Children's Hospital, 11100 Euclid Avenue,

                 Cleveland, Ohio, on Monday, October 28, 2002, at

                 10:10 am



                                     - - - - -

                                                                  2

                                                                  3


                 APPEARANCES:



                           On behalf of the Plaintiff:

                                 Howell, Daugherty & Brown, by

                                 ROBERT E BROWN, ESQ

                                 One East Plume Street

                                 Post Office Box 3929

                                 Norfolk, Virginia  23514-3929

                                 (757) 623-7334



                           On behalf of the Defendant:

                                 Troutman & Sanders, by

                                 ALAN D ALBERT, ESQ

                                 150 West Main Street

                                 Suite 1600

                                 Norfolk, Virginia   23510

                                 (757) 687-7755



                                    - - - - -

                                        4


            1               ELLIS D AVNER, MD, of lawful age,

            2    called for examination, provided by the

            3    statute, being first duly sworn, as hereinafter

            4    certified, said as follows:

            5              EXAMINATION OF ELLIS D AVNER, MD

            6    BY MR ALBERT:

            7          Q    Dr Avner, we met just before the

            8    deposition  Just for the record, I'm Alan

            9    Albert  I represent the Eastern Virginia

           10    Medical School                                    11:25:02

           11                My understanding is you're here

           12    today because you've been designated by

           13    Mr Brown, who represents Dr Adelman in this

           14    case, as an expert witness for trial?

           15          A    Yes, that's correct

           16                     -  -  -  -  -

           17                (Thereupon, Defendant's Deposition

           18                Exhibits 1 through 23 were marked

           19                for purposes of identification)

           20                      -  -  -  -  -

           21          Q    What I'd like to do today at the

           22    outset is just get into the record your earlier

           23    expert report, that sort of thing

           24                I'm going to show you what's

           25    previously been marked as Avner Deposition

                                        5


            1    Exhibit Number 1  Let me just proffer to you

            2    that this is the supplemental response to

            3    interrogatories by which Mr Brown provided

            4    your expert opinion, and you have to go about

            5    halfway through to get to your opinion  It's      11:25:45

            6    right here

            7          A    On my letterhead

            8          Q    And then your CV follows that

            9          A    Yes

           10          Q    Now, at the beginning, just before

           11    we commenced, you provided me an updated CV

           12    Let me just do this  I'm going to come back

           13    and refer to that Exhibit 1 in just a second,

           14    but you do recognize that, do you not, as your

           15    expert report?                                     11:26:13

           16          A    That is correct

           17          Q    And you do recognize that as an

           18    earlier version of your CV; is that correct?

           19