1
1 STATE OF WISCONSIN
2 IN THE CIRCUIT COURT FOR THE COUNTY OF MILWAUKEE
3 SARA E. BONFIGLIO, a minor,
by Gerald J. Bloch, her
4 Guardian ad Litem,
DEBRA J. BONFIGLIO, and
5 ANTHONY BONFIGLIO, M.D.,
6 Plaintiffs,
7 and
8 COMPCARE HEALTH SERVICES INSURANCE
CORPORATION, STATE OF WISCONSIN
9 DEPARTMENT OF HEALTH AND
SOCIAL SERVICES and EMPLOYERS
10 HEALTH INSURANCE COMPANY,
11 Subrogated
Plaintiffs,
12 Civil Action No.:
v.
13 94-CV-001983
ST. MARY\'S HOSPITAL,
14 PHYSICIANS INSURANCE COMPANY
OF WISCONSIN, INC. (PICWIS),
15 WISCONSIN HEALTH CARE LIABILITY
INSURANCE PLAN (WHCLIP),
16 KAREN KRENZKE, M.D.,
NEIL R. GUENTHER, M.D. and WISCONSIN
17 PATIENTS COMPENSATION FUND
18 Defendants.
_____________________________/
19
20
21 DEPOSITION OF STEVEN M. DONN, M.D.
22 Taken at the Offices of Hall and Deer,
23 215 East Washington, Ann Arbor, Michigan, on
24 October 25, 1994 commencing at or about
25 9:25 a.m.
HALL AND DEER
(800) 321-3904
2
1 APPEARANCES:
2 For the Plaintiffs:
3 GERALD J. BLOCH
Warshafsky, Rotter, Tarnoff,
4 Reinhardt & Bloch, S.C.
839 North Jefferson Street, 6th Floor
5 Milwaukee, Wisconsin 53202-3796
6 For Defendant Wisconsin Patients
Compensation Fund:
7
MR. JAMES G. DOYLE
8 Schellinger & Doyle, S.C.
445 South Moorland Road
9 Brookfield, Wisconsin 53008-0464
10 For Defendant St. Mary\'s Hospital:
11 MS. MARILYN M. CARROLL
Kravit, Gass & Weber, S.C.
12 825 North Jefferson Street, Suite 500
Milwaukee, Wisconsin 53202
13
For Defendants Neil R. Guenther, M.D.
14 and WHCLIP:
15 MR. TODD M. WEIR
Otjen, Van Ert, Stangle,
16 Lieb & Weir
700 North Water Street, Suite 800
17 Milwaukee, Wisconsin 53202-4206
18 For Defendants Karen Krenzke, M.D.
and PICWIS:
19
MR. JOSEPH M. FASI, II
20 Hinshaw & Culbertson
100 East Wisconsin Avenue, Suite 2600
21 Milwaukee, Wisconsin 53202
22 REPORTED BY:
23 Tami I. Harrison, CSR-3639
Certified Shorthand Reporter
24
25
HALL AND DEER
(800) 321-3904
3
1 I N D E X
2 WITNESS:
3 STEVEN M. DONN, M.D. Page
4 Examination by Mr. Weir 4
5 Examination by Ms. Carroll 52
6 Examination by Mr. Fasi 108
7 Further Examination by Mr. Weir 124
8 Further Examination by Mr. Fasi 139
9 Further Examination by Ms. Carroll 142
10 Examination by Mr. Bloch 156
11
12
13
14
15 EXHIBITS:
16 Deposition Exhibit Nos. 23, 24,
17 24-A and 25 4
18 Deposition Exhibit No. 24-B 20
19 Deposition Exhibit No. 26 25
20 Deposition Exhibit No. 27 28
21 Deposition Exhibit No. 28 57
22
23
24
25
HALL AND DEER
(800) 321-3904
4
1 Ann Arbor, Michigan
2 October 25, 1994
3 At or about 9:25 a.m.
4 * * *
5 (Deposition Exhibit Nos. 23, 24, 24-A
6 and 25 marked for identification)
7 S T E V E N M. D O N N, M. D.,
8 having first been duly sworn or affirmed by the
9 Notary Public, was examined and testified as
10 follows:
11 EXAMINATION
12 BY MR. WEIR:
13 Q You are Dr. Steven Donn, correct?
14 A Correct.
15 Q You\'ve given depositions before, correct?
16 A I have.
17 Q So you understand the process. I\'m here to ask
18 you some questions. Some of the other lawyers
19 will have some other questions as well. You
20 understand that if you have any problem
21 understanding our question, you\'ll let us know.
22 And you have to answer verbally and wait until
23 we\'re done and I\'ll try and wait until you\'re
24 done with your response before I ask the next
25 question. Fair enough?
HALL AND DEER
(800) 321-3904
5
1 A Yes, sir.
2 Q We have marked Exhibit No. 23, which is a copy
3 of your curriculum vitae dated July 1, 1994; is
4 that correct?
5 A Yes, sir.
6 Q Is that a current curriculum vitae?
7 A Reasonably so.
8 Q Would there be any publications that might have
9 any relevance with regard to the medical issues
10 in this case which are not reflected on that
11 curriculum vitae?
12 A I don\'t think so.
13 Q Would the same be true with regard to
14 presentations? Any events in your life which
15 might not be reflected on that curriculum vitae
16 which might have relevance to the medical issues
17 in this case?
18 A No.
19 Q We\'re here because of a case entitled Bonfiglio
20 against St. Mary\'s Hospital and some others.
21 You understand that, correct?
22 A Yes.
23 Q You\'ve testified in the past on behalf of
24 Mr. Bloch as well as other members of his firm
25 at depositions, haven\'t you?
HALL AND DEER
(800) 321-3904
6
1 A Yes, sir.
2 Q Do you know how many files you have reviewed for
3 Mr. Bloch and/or his law firm?
4 A I would estimate about a dozen.
5 Q When did you first have any contact with
6 Mr. Bloch or other members of his firm?
7 A Probably early to mid-1980s.
8 Q When did you first testify in a medical
9 negligence case on behalf of anyone, whether it
10 be for the physician, the patient? When did you
11 first become involved in this type of work?
12 A 1980, to my recollection.
13 Q As of today, do you have an estimate as to the
14 number of cases you\'