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, MD,
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, MD,
NEIL R GUENTHER, MD and WISCONSIN
17 PATIENTS COMPENSATION FUND
18 Defendants
_____________________________/
19
20
21 DEPOSITION OF STEVEN M DONN, MD
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 am
HALL AND DEER
(800) 321-3904
2
1 APPEARANCES:
2 For the Plaintiffs:
3 GERALD J BLOCH
Warshafsky, Rotter, Tarnoff,
4 Reinhardt & Bloch, SC
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, SC
445 South Moorland Road
9 Brookfield, Wisconsin 53008-0464
10 For Defendant St Mary\'s Hospital:
11 MS MARILYN M CARROLL
Kravit, Gass & Weber, SC
12 825 North Jefferson Street, Suite 500
Milwaukee, Wisconsin 53202
13
For Defendants Neil R Guenther, MD
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, MD
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, MD 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 am
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\'