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         1

         2                         IN THE COURT OF COMMON PLEAS

         3                   FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

         4                             CIVIL TRIAL DIVISION

         5                                  -   -   -

         6           LINDA KAER, GUARDIAN AD LITEM  : JULY TERM, 2001
                     FOR MAEY STEHEL                :
         7
                             VS                    :
         8                                          :
                     JAMES T DIEHL, MD AND       :
         9           LINDA SUNDT, MD AND          :
                     THOMAS JEFFERSON UNIVERSITY    :
        10           HOSPITAL                       :

        11                                  -   -   -

        12                                  MAY 7, 2004
                                     COURTROOM 453, CITY HALL
        13                          PHILADELPHIA, PENNSYLVANIA

        14                                  -   -   -

        15
                     BEFORE:  HONORABLE NITZA QUINONES ALEJANDRO
        16                                    AND A JURY

        17
                                   TESTIMONY OF THOMAS BAUER, MD
        18

        19

        20

        21

        22                        GEORGE D'ANGELIS, RPR
                                  OFFICIAL COURT REPORTER
        23                        COURT OF COMMON PLEAS

        24

        25
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         1
                     APPEARANCES:
         2
                                  FELDMAN SHEPHERD WOHLGELERNTER AND TANNER
         3                        DANIEL WEINSTOCK, ESQUIRE
                                  AND DANIEL MANN, ESQUIRE
         4                        COUNSEL FOR PLAINTIFFS

         5
                                  WHITE AND WILLIAMS
         6                        ANNA BRYAN, ESQUIRE
                                  COUNSEL FOR DRS SUNDT AND DIEHL
         7
                                  HARVEY, PENNINGTON, CABOT, GRIFFITH AND
         8                        RENNEISEN, LTD
                                  MICHAEL BROPHY, ESQUIRE
         9                        COUNSEL FOR THOMAS JEFFERSON UNIVERSITY
                                  HOSPITAL
        10

        11

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        16
                                  GEORGE D'ANGELIS, RPR
        17                        OFFICIAL COURT REPORTER
                                  COURT OF COMMON PLEAS
        18

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        23

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         1
                                         I_N_D_E_X
                                         _ _ _ _ _
         2

         3
                     WITNESSES:
                     _________ 
         4                              DIRECT  CROSS  REDIRECT  RECROSS

         5            DR THOMAS BAUER     5     15      46        53

         6

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         1                        (THE FOLLOWING TRANSPIRED IN OPEN

         2                  COURT IN THE PRESENCE OF THE JURY:)

         3                              THE COURT:  MEMBERS OF THE

         4                  JURY, WE HAVE DO HAVE A LIVE WITNESS WHO

         5                  NEEDS TO BE -- THAT'S THE REASON WHY I MADE

         6                  THE ANNOUNCEMENT  WE MAY HAVE TO BE HERE

         7                  LONGER  BUT I'VE JUST CONSULTED WITH

         8                  COUNSEL AND WE ARE GOING TO INTERRUPT THE

         9                  READING OF THIS DEPOSITION AND CALL WHAT I

        10                  CALL THE LIVE WITNESS AND THEN, DEPENDING

        11                  ON WHAT TIME WE FINISH WITH HIM, THAT MAY

        12                  BE THE END OF OUR DAY  WE NEED TO GET HIS

        13                  TESTIMONY IN

        14                        UNDERSTANDING THAT HE IS THE

        15                  DEFENDANTS'S WITNESS, NOT THE PLAINTIFF'S

        16                  WITNESS, AND THE PLAINTIFF TECHNICALLY HAS

        17                  NOT RESTED, BUT THEY HAVE AGREED TO THE

        18                  COURT'S SUGGESTION THAT HE BE CALLED OUT OF