![]()
| ||||||||||||||||||||||
|
ga~ AV IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND - - - - - - - - - - - - - - - -x WILLIAM F X BECKER, et al Plaintiffs v Civil No 162670 WASHINGTON ADVENTIST HOSPITAL, et al Defendants - - - - - - - - - - - - - - - -x JURY TRIAL (Resumed) Rockville, Maryland February 13, 2001 MONTGOMERY TRANSCRIBERS, INC IN THE CIRCUIT COURT FOR MONTGOMERY COUNTY, MARYLAND - - - - - - - - - - - - - - - -x WILLIAM F X BECKER, et al Plaintiffs v Civil No 162670 WASHINGTON ADVENTIST HOSPITAL, et al , Defendants - - - - - - - - - - - - - - - -x February 13, 2001 Rockville, Maryland WHEREUPON, the proceedings in the above-entitled matter resumed BEFORE : THE HONORABLE WILLIAM ROWAN JUDGE APPEARANCES : FOR THE PLAINTIFFS : PAMELA B STUART, ESQ KATHLEEN VOLKER, ESQ FOR THE DEFENDANTS : BENJAMIN S VAUGHN, ESQ PAMELA KINCHELOE, ESQ On behalf of Washington Adventist Hospital A GWINN BOWIE, JR , ESQ ROBERT J FARLEY, ESQ On behalf of Dr Simon MONTGOMERY TRANSCRIBERS, INC I N D E X Page Matters the Plaintiffs : the Defendants : M DONN, M D BOLAN, M D r the Plaintiffs : 41 42 43 44 45 46 DIRECT CROSS REDIRECT RECROSS /voiz dire/ 23/47/ 122 168 170 172/178 194 254 For Identification 52 55 133 152 159 199 In Evidence MONTGOMERY TRANSCRIBERS, INC 4 P R O C E E D I N G S THE CLERK : Civil 162670, William F X Becker, Roberto Rostran, Luis Galindo, Aracely Galindo versus Washington Adventist Hospital, and Guillermo Simon, M D MS STUART : Pamela Stuart on behalf of the Plaintiffs MR VAUGHAN : Ben Vaughan on behalf of lc 11 1L 1 ,: 19 1~ 1E 1i 1£ 15 2C 21 22 2 2z Washington Adventist Hospital MS KINCHELOE : Pam Kincheloe on behalf of the Washington Adventist Hospital MR BOWIE : Good morning, Your Honor Gwynn Bowie and Bob Farley on behalf of Dr Simon MS STUART : And Kathleen Volker is here as well, on behalf of the plaintiffs MS VOLKER : Good morning, Your Honor THE COURT : We always acknowledge you MS VOLKER : Thank you, Your Honor Appreciate it VOICE : Even when -- (inaudible) THE COURT : That\'s right -- did he say even when you\'re not here? MS VOLKER : Correct THE COURT : Yes, ma\'am MS STUART : Your Honor, I think there may be a 5 need for a preliminary hearing before the next witness takes the stand I think the Court, in its function as a gatekeeper, may not permit the testimony of this witness to be heard by the jurors THE COURT : Is this the gentleman who\'s going to be a witness? MS STUART : Yes THE COURT : Sir, would you -- what is your name, 1 1 1 1 1 1 1 1 1 1 2 2 2 2 sir? MR BOWIE : Dr Donn, Your Honor THE COURT : Dr Donn, would you mind stepping out of the courtroom for a second? [Witness leaving courtroom ] THE COURT : Okay, tell me what the problem is, with Dr Donn What\'s his expertise? MS STUART : He\'s a neonatologist And originally he was proffered as a witness on the standard of care with respect to the resuscitation, and neonatal care at Washington Adventist Hospital And that\'s how he was introduced at his deposition However, Z just checked, and when the defense designated him, they designated him as both a standard of care and causation expert 241 During the course of his deposition, it came out 6 that his opinion concerning the time of the injury was based on an assessment of the number of nucleated red blood cells that were shown in a blood gas that was done shortly after the birth of this child Subsequently, I and a lot of other people have had an opportunity to research the literature on this, and as -- 8 THE COURT : Well, what does he say as to the time of the injury? 10 MS STUART : He says it\'s at least 12 hours 11 before the birth 12 The bottom line, Your Honor, is that this 1 nucleated red blood cell theory is at best controversial 14 It is not generally accepted within the scientific 1 community It is undergoing investigation at the present 11 time 17 The doctor who originally formulated this theory 18 has had some problems with the underlying data, and it is 1 our belief that this evidence does not meet the test of 2 being generally accepted within the scientific community 21 such that it can be presented to the jurors 22 THE COURT : Vauqhan? 23 MR VAUGHAN : First of all, it is one of several 241 bases for his opinion I think the mere fact that -- Maryland doesn\'t follow the Doddard rule -- MS STUART : We know that MR VAUGHAN : -- and I don\'t know if you were heading towards Doddard or not, but under the Frier Reed test, it need not be accepted by the entire medical community to be a legitimate scientific theory Number two, the mere fact that there is controversy doesn\'t mean it doesn\'t pass the Frier-Reed test 1 Number three, I think it is accepted enoug
| |||||||||||||||||||||
|
Copyright 2004 - 2010 CrossExam LLC All rights reserved.dmca | ||||||||||||||||||||||
|
| ||||||||||||||||||||||