IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
2 EASTERN DIVISION

3 - - -

4 CHARLES SMITH,

5  Plaintiff,

6 vs Case No 1:92 CV 505

7 DEPARTMENT OF VETERAN
AFFAIRS, Judge Ann Aldrich
8
 Defendant
9

10
DEPOSITTON OF EDGAR S CARELL, MD
11  Wednesday, February 3, 1993

12 - - -

13 The deposition by conference call of EDGAR S

14 CARELL, MD, a witness, called for examination

15 by the Plaintiff under the Federal Rules of Civil

16 Procedure, taken before me, Diane M Stevenson, a

17 Registered Professional Reporter and Notary

is Public in and for the state of Ohio, by agreement

19 of counsel, at the offices of Weisman, Goldberg &

20 Weisman Co, LPA, 1600 Midland Building,

21 Cleveland, Ohio, with a conference call to

22 Dr Carell's office in Pittsburgh, Pennsylvania,

23 commencing at 6:00 pm, the day and date above

24 set forth

24 5 - - -

Diane M Stevenson, RPR, CM
Morse, Gantverg & Hodge

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1 APPEARANCFS:

2 On hehalf of the Plaintiff:

3 Howard Mishkind, Esq
Weisman, Goldberg & Weisman Co, LPA
4 1600 Midland Building
Cleveland, Ohio 44115
5

6 On be half of the De f e ndant:

7 William J Kopp, Esq
Assistant US Attorneys
8 US Depar tmen t of Justice
1800 Bank One Center
9 600 Superior Avenue, East
Cleveland, Ohio 44114
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Diane M Stevenson, RPR, CM
Morse, Gantverg & Hodge

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1 EDGAR S CARELL, MD

2 A witness, called for examination by the

3 Plaintiff, under the Rules, having been first

4 duly sworn, as hereinafter certified, was

5 examined and testified as follows:

6 CROSS-EXAMINATION

7 BY MR  MISHKTND:

8 Q Would you state your name for the record, please

9 A Edgar S Carel2

10 Q That is C A R E L L?

11 A Yes

12 Q Dr Carell, my name is Howard Mishkind  As 1 am

13 sure you know, I represent Charles Smith in

14 connection with the lawsuit that has been filed

15 on his behalf against the Veteran's Administra-

16 tion

17 I am going to be asking you some questions,

18 Doctor  If you do not hear me or do not

19 understand what I an-, asking, please tell me, and

20 I will try to repeat it, I will have the court

21 reporter read it back, I will do whatever is

22 necessary to get the question to you so that it

23 is intelligible and you understand it

24 A Sure

25 Q I also want the record to reflect that any

Diane M Stevenson, RPR, CM
Morse, Gantverg Hodge

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1 defects that may exist in connection with the

2 manner in which this deposition is being taken

3 are waived, and that the telephonic nature of

4 this deposition is acceptable to both sides?

5 MR KOPP: That is agreed by the

6 Government The Government consents to telephone

7 deposition in this case

8 Q Doctor, where are we talking to you, in what

9 ci ty?

10 A T am in Pittsburgh, Pennsylvania

11 Q what is your mailing address there, Doctor?

12 A My mailing address is Department of Cardiology,

13 University of Pittsburgh Medical Center, DeSota

14 at O'Hara Street, Pittsburgh, PA, 15213

1 5 Q Would you trace your educational background for

16 me, beginning with your undergraduate degree and

17 then continuing on up to the current time?

18 A S u r e T received my undergraduate degree in

19 chemistry, a Bachelor of Science, at the

20 University of Pittsburgh

21 I received my MD at the University of

22 Pennsylvania I completed my internal medicine

23 residency, internship and residency, at Case

24 Western Reserve University, University Hospitals

25 of Cleveland, and I am currently in the third

Diane M Stevenson, RPR, CM
Morse, Gantverg & Hodge

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1 year of a cardiology fellowship at the University

2 of Pittsburgh

3 Q You graduated from the University of Pennsylvania

4 with your MD degree in what year?

5 A 1 9 8 7

6 Q Was your entire internship and residency then at

7 Case Western Reserve University?

8 A Yes, it was

9 Q Doctor, have you done any writing at all?

10 A what do you mean by that?

11 Q Published any articles?

12 A Have I published any articles? No, I have not

13 Q Have you ever been named as a defendant in a

14 medical negl igence--

15 A No, I have not

16 Q How long have you been back in the Pittsburgh

17 area now?

18 A Two and a half years

19 Q Do you have a copy of Mr Smith's records?

20 A No, I don't

21 Q You do not?

22 A No

23 Q Do you have a recollection of your involvement in

24 Mr Smith's care?

25 A To some degree, yes

Diane M Stevenson, RPR, CM
Morse, Gantverg & Hodge

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1 Q When is the 'Last time you saw his medical record?