State of Ohio,

2
County of Mahoning

3

4
IN THE COURT OF COMMON PLEAS

5


DARRYL R MERKEL,

7
Plaintiff, Case No 87-CV-1860

VS

9 ATHANASIOS DKASAMIAS, MD,

10 Defendant




12 DEPOSITION OF JAMES BRODELL, MD

1:3 FRIDAY, DECEMBER 9, 1988

14

15 The deposition of James Brodell, MD, a witness herein,

16 called by the plaintiff for examination under the Ohio

17 Rules of Civil Procedure, taken before me, Ivy J Gantverg,

18 Registered Professional Reporter and Notary Public in and

19 for the State of Ohio, by agreement of counsel, and without

20 further notice or other legal formalities, at

21 2614 East Market Street, Warren, Ohio, commencing at

22 5:00 PM, on the day and date above set forth

23 - - -

24

25

Morse, Gantverg & Hodge
Registered Professimial Reporters
750 Leader Builditig, Cleveland, Oluo 44714
216-771-3350

1

2

3

4

5

6

7

8

9

W

I 1

1 2

13

14

15

16

17

18

19

20

21

22

23

24

25
Morse, Cantverg & Hodge
Registered Professional Reporters
750 Leader Building, CleVeland, Ohio 44114
216-771-3350

2


APPEARANCES:

2
On behalf of the Plaintiff:

3
Howard Mishkind, Esq

4 Weisman, Goldberg, Weisman & Kaufman

540 Leader Building

5 Cleveland, Ohio 44114


On behalf of the Defendant:
6


7 Marshall D Buck, Esq

Comstock, Springer & Wilson

8 926 City Centre One

P 0 Box 6306

9 Youngstown, Ohio 44501






12

13

14

15

16

17

18

19

20

21

22

23

24

25
Morse, Gantverg & Hodge
Registered Professional Reporters
750 Leader Bifilding, Clez,eland, 01iio 44114
216-771-3350

3


JAMES BRODELL, MD
2 a witness herein,called by the plaintiff for examination

3 under the Rules, having been first duly sworn, as hereinafte:

4 certified, was deposed and said as follows:

5 CROSS-EXAMINATION

6 BY MR  MISHKIND:

7 Q Would you state your name, please?

8 IL James David Brodell

9 Q Dr Brodell, do you have a CV, a curriculum vitae?

10 A Yes

11 Q Do you have it accessible?

12 A Yes It is coming

13 (Thereupon, discussion was had off the

14 record)

15 Q Doctor, you have handed me a curriculum vitae which

16 has a 1987 date in the upper left-hand corner

17 Offhand, can you tell me whether there are any

18 additions or deletions that should be made by way of publica-

19 tions or professional associations?

20 A Nothing major

21 Q Can you think of any articles that you have written

22 that aren't reflected?

23 A I don't think so

24 Q What hospitals are you affiliated with?

25 A The majority of my clinical time is spent at Trumbull
Morse, Gantverg & Hodge
Registered Professional Relyorters
750 Leader Bialding, Cleveland, 01iio 44114
216-771-3350

4

1 Memorial Hospital, which is a community hospital just down

2 the road from here

3 I also have consulting privileges at St Joseph's

4 Riverside Hospital, another community hospital; privileges

5 at a couple of Youngstown Hospitals, but I rarely, if ever,

6 go over there; and I have sort of a ceremonial consulting

7 type appointment up at University Hospitals in Cleveland

8 Q What type of position is that up at University

9 Hospitals?



'O A I am considered to be an assistant clinical professor

11 of orthopedics, so going along with that is a privilege at

12 University Hospitals, which I think I would be considered to

13 have courtesy privileges

14 Q Your practice here in the Warren area, is it

15 general orthopedic surgery?

16 A Yes

17 Q Do you have any area of specialization within the

18 area of orthopedic surgery?

19 A I have an interest and spend quite a bit of time on

20 sports-related matters, but I handle the broad spectrum

21 So as you mentioned, I think a general orthopedic practice

22 would be appropriate

23 Q In your curriculum vitae and the publications

24 referenced in there, I don't see any specific writings that

25 would pertain to anterior cruciate ligament injuries; is that
Morse, Gantverg & Hodge
Registered Professional Reporters
750 Leader Bitilding, Cleveland, O@Ijo 44114
216-771-3350

5



correct?

2
A Yes

3 Q Have you written anything that might not be reflected

4 in your CV pertaining to anterior or posterior cruciate

5 ligament injuries?

6 A No

7 Q Or any disruption of the anterior or the posterior

s cruciate ligaments?


9 A No

W Q Have you written anything relative to osteogensis

11 imperfecta?


12 A No

13 Q Doctor, in your practice as an orthopedic surgeon,


14 have you been called on in the past, other than this case,


15 to review medical negligence claims?


16 A Yes


17 Q Excluding this case,