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 0"IGINAL

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
CHARLES SMITH CASE NO. 1-92-CV-0507
VERSUS
UNITED STATES OF AMERICA
DEPARTMENT OF VETERAN AFFAIRS
The videotape deposition of DR.  MICHAEL E.
CAREY taken in the above-entitled cause,
pursuant to the following stipulation, before
Ruby Kurz, C.S.R., authorized to administer
oaths of witnesses pursuant to Section 961.1 of
Title 13 of the Louisiana Revised Statutes of
1950, as amended.  Taken at the offices of Dr.
Michael E. Carey, 1542 Tulane Avenue, New
Orleans, Louisiana on Saturday, May 21, 1994.








ASSOCIATED REPORTERS, INC./RUBY KURZ, C.S.R.
(504) 529-3355

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APPEARANCES:

ATTORNEY FOR THE PLAINTIFF, CHARLES SMITH:

WEISMAN & GOLDBERG
1600 MIDLAND BUILDING
CLEVELAND, OHIO 44115
BY: MR.  FRED WEISMAN, ESQ.

ATTORNEY FOR THE DEFENDANT:

UNITED STATES DEPARTMENT OF JUSTICE
NORTHERN DISTRICT OF OHIO
1800 BANK ONE CENTER
600 SUPERIOR AVENUE, EAST.
CLEVELAND, OHIO 44114
BY: MR.  WILLIAM J. KOPP, ESQ.
ASSISTANT U.S. ATTORNEY

ATTORNEY FOR THE DEFENDANT:

UNITED STATES DEPARTMENT OF JUSTICE
NORTHERN DISTRICT OF OHIO
1800 BANK ONE CENTER
600 SUPERIOR AVENUE, EAST.
CLEVELAND, OHIO 44114
BY: MS.  MAUREEN MURPHY, ESQ.
ASSISTANT U.S. ATTORNEY

ATTORNEY FOR THE DEFENDANT:

UNITED STATES DEPARTMENT OF JUSTICE
NORTHERN DISTRICT OF OHIO
1800 BANK ONE CENTER
600 SUPERIOR AVENUE, EAST.
CLEVELAND, OHIO 44114
BY'.  MR.  CHARLIE WILK, ESQ.
ASSISTANT U.S. ATTORNEY








ASSOCIATED REPORTERS, INC./RUBY KURZ, C.S.R.
(504) 529-3355




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INDEX



EXAMINATION BY:  PAGE:

MR. WEISMAN 5

MR. KOPP 149

MR. WEISMAN 202

MR. KOPP 205


EXHIBITS


EXHIBIT NUMBER:  PAGE:

EXHIBIT NUMBER 1 6

EXHIBIT NUMBER 3 23

EXHIBIT NUMBER 3A 24

EXHIBITS NUMBER 4 AND 5 25

EXHIBIT NUMBER 6 26

EXHIBIT NUMBER 14 30

EXHIBIT NUMBER 8 35

EXHIBIT NUMBER 9 36

EXHIBIT NUMBER 10 41

EXHIBITS NUMBER 11 AND 12 42

EXHIBIT NUMBER 13 43

EXHIBIT NUMBER 15 44

EXHIBIT NUMBER 16 105

EXHIBIT NUMBER 17 149


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(504) 529-3355

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1 STIPULATION

2 It is stipulated and agreed by and

3 between all parties that this deposition is

4 hereby being taken pursuant to Notice under

5 the Rules of Civil Procedure for all

6 purposes permitted under the law.

7 All formalities, with the exception of

8 reading and signing of the deposition by the

9 witness, are waived.

10 All objections, except those as to the

11 form of the question and the responsiveness

12 of the answer are reserved until the

13 deposition is used or sought to be used in

14 evidence.

15

16 -----

17

18 RUBY KURZ, Certified Shorthand Reporter,

19 in and for the State of Louisiana,

20 officiated in administering the oath to the

21 witness.

2 2

2 3

24

25

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(504) 529-3355




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1 DR. MICHAEL E. CAREY, after having

2 been first duly sworn in the above-

3 entitled cause, was examined and

4 testified as follows:

5 EXAMINATION BY MR. WEISMAN:

6 Q. Doctor, please state your name, sir?

7 A. Michael E. Carey.

8 Q. And your address, please?

9 A. I'm at 1542 Tulane Avenue, New

10 Orleans, Louisiana, 70112.

11 Q. And that address is the address of

12 what institution?

13 A. Of the Louisiana State University

14 Medical Center.

is Q. Dr. Carey, you are a, what is your

16 profession?

17 A. I'm a neurosurgeon.

18 Q. And Doctor, before you become a

19 neurosurgeon you'd be a -- you are a

20 physician; is that right?

21 A. That's correct.

22 Q. And I notice in looking at your C.V.

23 that your a Professor of Neurosurgery; is

24 that correct?

25 A. That's correct.

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1 Q. Is that right here at the Louisiana

2 State University?

3 A. That's right.

4 Q. Doctor, we have what has been

5 identified as Carey Deposition Exhibit One.

6 I'm handing it to you, please. Will you

7 tell us what that is, Doctor?

8 A. This is a copy of my Curriculum

9 Vitae.

10 Q. Okay. Is that essentially accurate?

11 A. Yes.

12 Q. And up to date? I understand

13 there's something you wrote afterward that

14 you might want to add to that but as of the

15 date it reads, which is what, May 1994?

16 A. Yes.

17 Q. It was complete as of that date --

18 A. Yes.

19 Q. -- except for one item that you are

20 referring, was mentioned before we started

21 here?

2 2 A .  Yes.

23 Q. And what is that?

24 A. Well, I'm revising a chapter that

25 I've written for Humans. (Phonetically)

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(504) 529-3355




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