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1 STATE OF WISCONSIN CIRCUIT COURT DODGE COUNTY
___________________________________________________
2
DAVID ARNDT, TERI CAPETILLO ARNDT,
3 and STORMIAN ARNDT, by his guardian
ad litem, John E Feldbruegge,
4
Plaintiffs,
5
v Case No 01-CV-277
6
VICTOR W CACERES, MD, PHYSICIANS
7 INSURANCE COMPANY OF WISCONSIN,
INC, BEAVER DAM COMMUNITY
8 HOSPITAL, SENTRY INSURANCE, a
Mutual Company, and PATIENTS
9 COMPENSATION FUND,
10 Defendants
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DEPOSITION OF STEVEN M DONN, MD
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Taken at 2355 East Stadium Boulevard, Ann Arbor,
13 Michigan, on December 16, 2003, commencing at or
about 5:57 pm
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APPEARANCES:
15
For the Plaintiffs:
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MR J MICHAEL END
17 Gray & End, LLP
600 North Broadway, Suite 300
18 Milwaukee, Wisconsin 53202-5099
(414) 278-8060
19
MR JOHN E FELDBRUEGGE (Not Present)
20 Quale, Feldbruegge, Calvelli, Thom & Croke, SC
710 North Plankinton Avenue
21 Milwaukee, Wisconsin 53203
(414) 271-2266
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For Defendants Caceres and Physicians Insurance:
23
MR MARTIN J DE VRIES
24 Sager, Colwin, Samuelsen & Associates, SC
201 South Marr Street, PO Box 2068
25 Fond du Lac, Wisconsin 54936-2068
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1 For Defendant Caceres:
2 MR JOHN A NELSON
von Briesen & Roper, SC
3 411 East Wisconsin Avenue
Milwaukee, Wisconsin 53201-4262
4 (414) 287-1282
5 For Defendant Wisconsin Patients Compensation Fund:
6 MS CATHERINE M McGINN
Bell, Gierhart & Moore, SC
7 44 East Mifflin Street, PO Box 1807
Madison, Wisconsin 53701-1807
8 (608) 257-3764
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12 REPORTED BY: Deborah Bjorling Uhley, CSR-2735
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1 I N D E X
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3 WITNESS: Page
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5 STEVEN M DONN, MD
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7 Examination by Mr End 4
8 Examination by Mr Nelson 63
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11 EXHIBITS:
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13 Deposition Exhibit No 1 63
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0004
1 Ann Arbor, Michigan
2 December 16, 2003
3 At or about 5:57 pm
4 - - -
5 STEVEN M DONN, MD,
6 having first been duly sworn or affirmed, was examined
7 and testified as follows:
8 EXAMINATION
9 BY MR END:
10 Q State your name, Doctor
11 A Steven Mark Donn, MD
12 Q Have you ever given a deposition before?
13 A Yes, sir
14 Q On approximately how many occasions?
15 A I can\'t give you a numerical quantity I\'ve been doing
16 this for about 22, 23 years
17 Q How many do you give in a year?
18 A It\'s variable Probably averages somewhere around two a
19 month
20 Q Two a month?
21 A Yes
22 Q Okay How about testifying in court? Have you done
23 that?
24 A Yes, sir
25 Q How frequently have you done that?
0005
1 A Oh, maybe three dozen, maybe four, or 40 times
2 Q Have you ever had to make up a list of testimony that
3 you have done? Sometimes in Federal Court, for example,
4 they require expert witnesses to make a list of all of
5 their testimony Have you ever had to do that?
6 A No, sir
7 Q How about this year? How often have you given
8 depositions in the year 2003?
9 A I haven\'t kept track, but I would imagine that the
10 two-a-month average has been about right
11 Q Have you testified in court this year?
12 A Yes, sir
13 Q On how many occasions?
14 A Two or three
15 Q Can you give me an approximate breakdown as to how
16 frequently you testify at the request of -- actually,
17 let me start all over
18 I\'m assuming that the testimony that you give
19 is typically given in cases such as this where there\'s
20 been a claim of medical negligence made by a patient?
21 A Yes, in the majority of cases
22 Q In those cases, the medical negligence cases, can you
23 give me a breakdown as to how often you testify on
24 behalf of plaintiffs versus how often on behalf of
25 defendants?
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1 A Sure, understanding that I consider myself an
2 independent reviewer and the percentages are strictly a
3 reflection of who\'s called and requested my services,
4 and it breaks down to about one-third for attorneys who
5 represent plaintiffs, one-third for attorneys who
6 represent physicians, and one-third for attorneys who
7 represent health-care institutions
8 Q Can you give me the names of some of the plaintiffs
9 lawyers for whom you have testified?
10 A Michael Volk
11 Q What\'s that last name?
12 A Volk, V-o-l-k
13 Q Where is he located?
14 A El Paso, Texas Doug Peters, Detroit Jerry Block in
15 Milwaukee Dan Whetter in Green Bay There are many
16 others I\'m just blocking right now
17 Q During the course of the deposition, if a plaintiffs
18 lawyer for whom you have given testimony pops into your
19 mind, just let me know, okay?
20 A Yeah
21 Q That sometimes happens, true? If your brain works kind
22 of like my brain, that may happen?
23 A Yes Gerald Sugerman is another one I just thought of
24 Q Where is he?
25 A California
0007
1 Q Okay Have you ever testified in the state of
2 Wisconsin?
3 A Yes, sir
4 Q