700@

      1         State of Ohio,
                                      SS:
      ?         County of Cuyahoga)

      3                              - -  -

      4                  Ill THE COURT OF COMMON PLEAS

      5                              - -  -

      6         JAMES PESKIN, et al,

      7                  Plaintiffs,

      8            VS                      Case No 148,870

      9         THE MT SINAT MEDICAL
                CEI,ITER, et al,          Judge Patricia Gaughan
     10
                         Defendants
     11


                 DEPOSITIOI,L OF LEROY J DIERKER, JR, MD
     13                  Thursday, January 18, 1990

     14                              - -  -

     15              The deposition of LEROY J DIERKER, JR,

     16         MD, a witness, called for examination by the

     17         Plaintiffs under the Ohio Rules of Civil

     18         Procedure, taken before me, Diane M Stevenson,

     19         a Registered Professional Reporter and Notary

     20         Public in and for the state of Ohio, by

     21         agreement of counsel, at the offices of Weston,

     22         Hurd, Fallon, Paisley & Howley, 25th Floor

     23         Terminal Tower, Cleveland, Ohio, commencing at

     24         11:10 am, the day alnd date above set forth

     25                              - -  -

                          Diane M Stevenson, RPR
                          Morse, Gantverg & Hodge

                                                         3

      1                LEROY J DIERKER, JR, MD

      2       A witness, called for examination by the

      3       Plaiiitiffs, under the Rules, having been first

      4       dulv sworn, as hereinaftei- certified, was

      5       examined and testified as follows:

      6                    CROSS-EXAMINATION

      7       BY MR  BERRIS:

      2  Q   State your full name, please

      9  A   LeRoy Joseph Dierker,  Jr

    10   Q   You are a physician?

    1 1  A   Yes

    12   Q   Your specialty area of practice is obstetrics

    13        and gynecology?

    1 4  A   It is

    15   Q   I note also in your CV that the subject matter

    16        of perinatology, as  well

    17   A   y e s 

    18   Q   Are you a  perinatologist?

    19   A   I am

    20   Q   What is a  perinatologist?

    21   A   Obstetrician who has subspecialty training in

    22        high risk obstetrics

    23   Q   Are you Board certified in obstetrics and

    24        gynecology?

    25   A   I am

                         Diane M Stevenson, RPR
                         Morse, Gantverg & Hodge

                                                         4

      1  Q    Are you Board certified in perinatology?

      2  A    I am

      3  Q    When did you become Board certified in

      4        perinatology?

      5  A    19 8 1 

      6  Q    Is that right around the time that the Board

      7        certification became available in perinatology?

      8        It is a new certification, isn't it?

      9  A    I think they started in about 174

    10   Q    Was this delivery of James Peskin that you

    11         reviewed a Iiigh risk delivery?

    12   A    No, it wasrilt a high risk pregnancy

    13   Q    It wasn't a high risk pregnancy?

    14   A    No

    15   Q    What are the determining factors when you talk

    16         about high risk pregnancy?

    17   A    Everything is relative, but you are looking at

    18         something that might affect the outcome of the

    19         motlier or the baby in an adverse way

    20   Q    There was nothing in this pregnancy that would,

    21         apparently, affect the outcome of mother or baby

    22         i,ri any way?

    23   A    ITo

    24   Q    Am I correct?

    25   A    I think you are correct

                         Diane M Stevenson, RPR
                         Morse, Gantverg & Hodge

                                                                 5

       1   Q    You did a residency at the Medical College of

       2         Virginia?

       3   A    Ye-

       4   Q    From 172 to 176?

       5   A    Y e s 

       6   Q    What was that residency in?

       7   A    Obstetrics

       8                    MR BERRIS:         Let's mark this

       9             (Thereupon,  Plaintiffs' Exhibit 1 was marked

     10          for identification)

     11          Then a two-year fellowship at Cleveland

     12          Metropolitan General Hospital?

     1 3   A    Yes

     14    Q    You have been at Cleveland Metro ever since?

     1 5   A