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II(Ob 1 2 1 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 CONTINUED DEPOSITION OF EDGAR CARELL, M.D. 11 Monday, March 8, 1993 12 - - - 13 The continued deposition of EDGAR CARELL, 14 M.D., a witness, recalled for further 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, commencing at 5:10 p.m., the day 22 and date above set forth. 23 24 25 Diane M. Stevenson, RPR, CM Morse, Gartverg & Hodge i I I I I I I I I i i I I I I --- I 1 APPEARANCES: 2 On behalf of the Plaintiff: 3 H owa rd Mi shki nd, Esq. Weisman, Goldberg & Weisman Co., LPA 4 1600 Midland Building Cleveland, Ohio 44115 5 6 On behalf of the Defendant: 7 William J. Kopp, Esq. Assistant U.S. Attorneys 8 U.S. Department of Justice 1800 Bank One Center 9 600 Superior Avenue, Fast Cleveland, Ohio 44114 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 a 1 9 2 0 2 1 2 2 2 3 2 4 2 5 Diane M. Stevenson, RPR, CM Morse, Gantverg & Hodge 1 4 1 MR. MISHKIND: Let's go back on 2 the record. I suppose the record should reflect 3 that we are continuing with Dr. Carell's 4 deposition, which was suspended several weeks ago 5 because the doctor did not have a copy of the 6 Veteran's Administration medical records on 7 Charles Smith. 8 Tn the interim, the records have been sent 9 to the doctor, and T am told by the doctor before 10 we started on the record that he has received the 11 records. 12 Dr. Carell, I just remind you that you are 13 still under oath. You do recognize that, even 14 though the court reporter is not in your 15 presence? 16 THE WTTNESS: Yes, I do. 17 - - - 18 19 20 21 22 23 24 25 Diane M. Stevenson, RPP, CM Morse, Gantverg & Hodge 1 5 1 EDGAR CARELL, M.D. 2 A witness, recalled for further examination by 3 the Plaintiff, under the Rules, having been 4 previously duly sworn, as hereinafter certified, 5 was examined and testified as follows: 6 CROSS-EXAMTNATTON 7 BY MR. MISHKIND: 8 Q. When we adjourned last time, I think we had 9 started to talk about Mr. Smith. I want to 10 divert for a moment or two and ask you some 11 general questions, and then we will get right 12 back into Mr. Smith's treatment. 13 When you were in your residency at the 14 Veteran's Administration Medical Center back in 15 April of 1990, under whose direction were you 16 fulfilling your residency requirements? 17 A. The chief of medicine was Dr. Adel Mahoud. He 18 'was my chief. 19 Q. How is that spelled? 20 A. A 1) F L . 2 1 Q - And the last na-me is? 2 2 A . I believe it is M A 11 0 U D. 23 Q. Was this your third year of your medical 24 residency? 25 A. Yes, 4t Was. Diane M. Stevenson, RPR, CM Morse, Gantverg & Hodge 1 6 1 Q Doctor, have you publ i shed any art i cle s in any 2 medical journals? 3 A. I have not. 4 Q. Have you submitted any articles for publication? 5 A. I have. 6 Q. What publications have you submitted to? 7 A. Cardiology journals. 8 Q - How many articles are in submission? 9 A. Currently, one. 10 Q. What does that focus on? 11 A. Heart failure. 12 O. What journal did you submit to? 13 A. Chest. 14 Q. You are in a fellowship now; is that correct? 15 A. Yes. 16 Q. Is that a one-year fellowship? 17 A. It is a three-year fellowship. I am in the third 18 year. 19 Q. Are you Board certified in any discipline at this 20 time? 21 A. Internal medicine. 22 Q. When were you Board certified, Doctor? 23 A. The date was--the exam was September of 1990--I 24 am sorry, 1991. iio, I am sorry, it is September 25 of 1990. Diane M. Stevenson, RPR, CM Morse, Gantverg &- Fodge 1 7 1 Q. T am sure we established this before, but since 1 2 don't have my notes with me, the facility that 3 you are in your fellowship at in Pittsburgh, what 4 is the name of that? 5 A I am currently at Presbyterian University 6 Hospital of Pittsburgh. 7 Q. When you were in your third year of your 8 residency in April of 1990, how much of your time 9 at that juncture were you spending over at the 10 Veteran's Administration? 11 A. Tt was approximately three to four months each 12 year. 13 Ca
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