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0001 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 _____________________________________/ 11 DEPOSITION OF STEVEN M DONN, MD 12 Taken at 2355 East Stadium Boulevard, Ann Arbor, 13 Michigan, on December 16, 2003, commencing at or about 5:57 pm 14 APPEARANCES: 15 For the Plaintiffs: 16 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 22 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 0002 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 9 10 11 12 REPORTED BY: Deborah Bjorling Uhley, CSR-2735 13 14 15 16 17 18 19 20 21 22 23 24 25 0003 1 I N D E X 2 3 WITNESS: Page 4 5 STEVEN M DONN, MD 6 7 Examination by Mr End 4 8 Examination by Mr Nelson 63 9 10 11 EXHIBITS: 12 13 Deposition Exhibit No 1 63 14 15 16 17 18 19 20 21 22 23 24 25 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? 0006 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
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