I

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. 1B4,289
9 ZIMMER INC., Judge Michael Corrigan
10 Defendant.
11 --------------------------------- x
12 March 8, 1991
1 3
of ALBERT H. BURSTEIN,
14 Deposition
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.
I 1
12 RASOR, HARRIS, LEMON a REED
13 P.O. Box 818
14 Warsaw, Indiana 46581-1818
15 Attorneys for Defendant Zimmer
16 BY: DANIEL K. LEININGER, ESQ.
1 7
1 8
1 9
2 0
2 1
22
23
24
25
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 , sir .
17 Q. Do you hold any further degrees?
18 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
4

Burstein
2 department of the biomechanics laboratory,
J 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. That's 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 . Y e s .
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 167.  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?
1 9 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 . No .
24 Q. [lave you ever consulted with him
25 or spoken with him regarding total hip
6

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?
2 5 A Yes





T T
 7

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
13 f or i 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 80.  Another one is called
18 the Ranawat/Burstein total h