I 70C)38

    1     State of Ohio,

    2     County of Cuyahoga

    3                           - - -

    4                IN THE COURT OF COMMON PLEAS

    5                           - - -

    6     TYLER MEISTER, etc,
          et al,
    7
                 Plaintiffs,
    8
              V                       Case No 262348
    9
          SAMUEL J JOY, MD,
    10    et al,

    11           Defendants

    12

    13           DEPOSITION OF LEROY J DIERKER, MD

    14                WEDNESDAY, APRIL 18, 1990

    15

    16    The deposition of Leroy J Dierker, MD, a witness,

    17    called for examination by the Plaintiff, under the

    18    Ohio Rules of Civil Procedure, taken before me,

    19    Kathryn A Keeler, a Registered Professional

    20    Reporter and Notary Public within and for the State

    21    of Ohio, pursuant to notice, at the offices of Metro

    22    Health Center, 3395 Scranton Road, Cleveland, Ohio,

    23    commencing at 2:00 pm, the day and date above set

    24    forth

    25                           - - -

                                                                                                                     I

    2    APPEARANCES:

    3    on behalf of the Plaintiffs:

    4    R ERIC KENNEDY,  ESQ
         Weisman, Goldberg, Weisman & Kaufman
    5    1600 Midland  Building
         Cleveland, Ohio  44114
    6
         On behalf of Samuel Joy, MD, Defendant:
    7
         BURT FULTON, ESQ
    8    D CHERYL ATWELL, ESQ
         Gallagher, Sharp, Fulton    Norman
    9    700 Bulkley Building
         Cleveland, Ohio  44115
    10

    11
         ALSO PRESENT:
    12
         Mr Henry  Chamberlain
    13   Mr Thomas Covey

    14

    15

    16

    1 7

    18

    19

    20

    21

    22

    23

    24

    2 5

    1                             INDEX

    2    EXHIBITS:                                NARKED

    3    Plaintiff's Deposition Exhibit 1:           27
         Dr Dierker's expert report to
    4    Mr Fulton

    5    Plaintiff's Deposition Exhibit 2:           27
         Dr Dierker's notes from his review
    6    of the case

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    2 0

    21

    2 2

    2 3

    2 4

    2 5

     1                     LEROY J DIERKER, MD
     2     a witness, called for examination by the Plaintiffs,
     3     under the Rules, having been first duly sworn was
     4     examined and testified as follows:
     5                       CROSS-EXAMINATION
     6     BY MR  KENNEDY:
     7     0      Doctor, could you state your full name for
     8     the   record?
     9     A      Leroy Joseph Dierker, D-I-E-R-K-E-R  3395
     10    Scranton, Cleveland, 44109
     11                MR KENNEDY:       Do we have a waiver, Mr
     12            Fulton, of any defects in notice?
     13                 MR FULTON:        You didn't ask me that
     14              the last time we were here, did you?
     15                 MR KENNEDY:       You were the one -- I
     16              was pretty friendly yesterday
     17    BY MR   KENNEDY:
     18            Doctor, I am going -- you have had your
     19    deposition taken before, correct?
     20    A      Yes
     21            On several occasions?
     22    A      Several
     23            Basically, the same rules are applicable to
     24    this one as to those
     25            If I ask you a question and you didn't
                                                          C;

    I     understand the question, let me know and I will
    2     attempt to rephrase it so that you do
    3            If you don't hear the question today or-don't
    4     understand to answer the question, I will repeat it
    5     so that you do
    6     A     Yes
    7            Doctor, you have reviewed various records
    8     pertaining to the care and treatment delivered to a
    9     Baby Meister, correct?
    10    A     That's correct
    11    Q     When you reviewed those records, what was
    12    your objective or purpose in the review of those
    13    records?
    14    A     I was asked by the Defendant's counsel to
    15    review them to evaluate the appropriateness of care
    16    and cause for abnormal outcome
    17    Q     Now, in reading your report, you don't state
    is    a cause for the abnormal outcome
    19           Do you have an opinion as to the cause of the
    20    abnormal outcome in this case?
    21    A     I am not certain why that outcome was not
    22    good  I am not sure  But it seems to have been
    23    so