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., M.D.
     13                  Thursday, January 18, 1990

     14                              - -  -

     15              The deposition of LEROY J. DIERKER, JR.,

     16         M.D., 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 a.m., the day alnd date above set forth.

     25                              - -  -

                          Diane M. Stevenson, RPR
                          Morse, Gantverg & Hodge

                                                         3

      1                LEROY J. DIERKER, JR., M.D.

      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 .