MhAILA
WGINAL






2 STATE OF OHIO

3 COUNTY OF CUYAHOGA

4 IN THE COURT OF COMMON PLEAS

5 --------------------------------- x

6 JOHN GRANTHAM, et al.,

7 Plaintiffs,

8 VS. Case No. 184,289

9 ZIMMER INC., Judge Michael Corrigan

10 Defendant.

11 --------------------------------- x

12 March 8, 1991

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14 Deposition of ALBERT H. BURSTEIN,

15 Ph.D., taken by Plaintiffs, held at the

16 Hospital for Special Surgery, 541 East

17 71st Street, New York, New York,

18 commencing at 9:15 a.m., before Colette

19 Cantoni, a Registered Professional

20 Reporter and Notary Public of the State of

21 New York.

22 NEWROCK/DeSIMONE-THE COURT REPORTERS

23 21 West 38th Street

24 New York, New York 10018

25 (212) 840-1891

2

2 A P P E A R A N C E S:
3
4 WEISMAN, GOLDBERG, WEISMAN &
5 KAUFMAN CO., L.P.A.
6 1600 Midland Building
7 Landmark Office Towers
8 Cleveland, Ohio 44115
9 Attorneys for Plaintiffs
10 BY: RICHARD J. BERRIS, ESQ.
1 1
12 RASOR, HARRIS, LEMON & REED
13 P.O. Box 818
14 Warsaw, Indiana 46591-1818
15 Attorneys for Defendant Zimmer
16 BY: DANIEL K. LEININGER, ESQ.
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3

Burstein
2 A L B E R T H B U R S T E I N,
3 P h. D. ,
4 called as a witness, having been first
5 duly sworn, was examined and testified
6 as follows:
7 EXAMINATION BY
8 MR. BERRIS:
9 Q. State your full name, please.
10 A. Albert H. Burstein.
11 Q. You have a Ph.D in?
12 A. In mechanical engineering.
13 (Pause. )
14 Q. You indicated that you have a
15 Ph.D in mechanical engineering?
16 A. Yes, air.
17 Q- Do you hold any further degrees?
is I am looking at a copy of your Cv here.
19 A. No. That's my only advanced
20 degree.
21 Q. I see on your CV that you spent
22 some time at Case Western Reserve in
23 Cleveland.
24 What was your involvement there?
25 A. I was the codirector of the
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1 Burstein
2 department of the biomechanics laboratoryr
3 which was in the department of orthopedic
4 surgery, and also in the department of
5 mechanical engineering. I was tenure
6 associate professor of surgery in
7 orthopedics and mechanical engineering, I
8 had a joint appointment.
9 Q. So you taught orthopedics?
10 A. I taught mechanical engineering
11 and orthopedics, and I did research in
12 orthopedic biomechanics.
13 Q. Now you are not an orthopedic
14 surgeon?
15 A. That's correct.
16 Q. I take it you taught
17 biomechanics as it relates to orthopedic
18 surgery?
19 A. Thatrs correct.
20 Q. You didn't teach orthopedics,
21 per se, such as an orthopedic surgeon
2 2 would?
23 A. I taught in a different area
24 than an orthopedic surgeon. My expertise
25 is in other areas. It has to do with
5

1 Burstein
2 surgery, but also mostly focused on the
3 biomechanical aspects of surgery.
4 Q. Do you know Dr. Victor Goldberg?
5 A . Yes .
6 Q. How is it that you know him?
7 A. Dr. Goldberg came to Case
8 Western Reserve University, I think it
9 was, the year after I got there. So that
10 would have been '67.  About 1967.  He was
11 there all during the time I was there
12 until 1976. We collaborated on many
13 research projects. We continued to
14 collaborate after I came here to this
15 day. So I know him for 25 years or
16 something like that.
17 Q. You continue to collaborate with
18 him up to the present time?
19 A - Yes .
20 Q. Have you ever had any discussion
21 with Dr. Victor Goldberg about any of the
22 products manufactured by Zimmer?
2 3 A. N o .
24 Q. Have you ever consulted with him
25 or spoken with him regarding total hip
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1 Burstein
2 arthroplasty?
3 A . Yes
4 Q. In what regard?
5 A. We were running an experiment
6 together. We have been, over the last 15
7 years or more, measuring joint forces in
8 patients who have total hip arthroplasties
9 of a particular type, that I have made for
10 his group, designed and manufactured. it
11 is a telemetry package put into a total
12 hip prosthesis.
13 Q. You participate in the design
14 and manufacture of medical devices?
1 5 A . Yes I do
16 Q. For whom?
17 A. I design and develop devices
18 which are licensed to various
19 manufacturers, just sold throughout the
20 world. I design and produce implants
21 which I used here in the Hospital for
22 Special Surgery.
23 Q- You produce it directly at the
24 hospital?
25 A . Yes
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1 Burstein
2 Q. Were they sold to other
3 hospitals and physicians?
4 A . No, sir .
5 Q. just used here at the hospital?
6 A . Y e s ,s i r .
7 Q. Have you had any involvement in
8 the design and manufacture of any of the
9 component parts of a hip prosthetic
10 system?
11 A. Yes, I have.
12 Q. Which system? Is there a name
1 3 f o ri t ?
14 A. There are several of them.
15 Q. Which ones?
16 A. One is called the Triad one is
17 called the DF