State of  Ohio,          SS:

      2    County of Cuyahoga

      3                               - -  -

      4                  IN THE COURT OF   COMMON PLEAS

      5                               - -  -

      6    LAURA JONES, et al,            )
                                           )
      7                  Plaintiffs,       )
                                           )
      8          V                        )   Case No  153183
                                           )
      9    KAISER FOUNDATION HOSPITALS,    )
           et  al,                        )
      10                                   )
                         Defendants       )
      11

      12          DEPOSITION OF LEROY JOSEPH DIERKER, MD

      13                    FRIDAY, AUGUST 31, 1990

      14                              - -  -

      15        The deposition of LEROY JOSEPH DIERKER, MD, a

      16   witness, called for examination by the Plaintiffs,

      17   under the Ohio Rules of Civil Procedure, taken before

      18   me, Janet M Hoffmaster, Registered Professional

      19   Reporter and Notary Public in and for the State of

      20   Ohio, pursuant to notice, at the offices of Weisman,

      21   Goldberg, Weisman & Kaufman, 1600 Midland Building,

      22   Cleveland, Ohio, commencing at 2:40 pm, the day and

      23   date above set forth

      24                              - -  -

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                                                              Morse, Gantverg & Hodge
                                                               Registered Professiorial Reporters
                                                         750 Leader Building, Cleveland, Oliio 44114
                                                                         216-771-3350

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      1   APPEARANCES:

      2
          On behalf of the Plaintiffs:
      3
               RICHARD BERRIS, ESQ
      4        Weisman, Goldberg, Weisman & Kaufman
               1600 Midland Building
      5        Cleveland, Ohio  44115

      6

      7   On behalf of the Defendants:

      8        CHERYL ATWELL, ESQ
               Gallagher, Sharp, Fulton & Norman
      9        7th Floor, Bulkley Building

     10        Cleveland, Ohio  44115


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       1                LEROY JOSEPH DIERKER, MD
       2  a witness, called for examination by the Plaintiffs,
       3  under the Rules, having been first duly sworn, as
       4  hereinafter certified, deposed and said as follows:
       5                     CROSS-EXAMINATION
       6  BY MR  BERRIS:
       7         Would you state your full name?
       8  A     Leroy Joseph Dierker, Jr
       9         Doctor, I am going to be asking you some
     10   questions this afternoon about your review of the
     11   matter of Laura Jones on behalf of her son versus
     12   Kaiser Hospitals
     13          If any of my questions are not clear, you don't
     14   understand, please ask me to rephrase the question for
     15   you
     16   A     Fine
     17          I assume if you have gone ahead and answered the
     18   question, you have done so because you understood  the
     19   question; is that fair?
     20   A     Fine
     21   Q     I want to just ask you a few preliminary
     22   questions here about your review of the case, just  to
     23   see what we can agree upon, because I think there  are
     24   probably a number of things that we do agree upon here
     25          Number one, it is my understanding from reading
      1    your report that it is your opinion that the cause of
      2    this child's brain damage is severe prematurity that
      3    resulted in intraventricular hemorrhage
      4    A     May I refer to my letter?
      5           Sure
      6    A     I don't believe I stated that in there
      7    Q-     I am not indicating that you  necessarily  stated
      8    that s