1 -7 00 -7
State of Ohio,
SS:
2 County of Cuyahoga)
3 - - -
4 IN THE COURT OF COMMON PLEAS
5 - - -

6 THERESA WALKER, a minor,
etc, et al,
7
Plaintiffs,
8
VS Case No 018,177
9
THE SALVATION ARMY, INC, Judge Harry Hanna
10 et al0
11 Defendants
12 - - -

13 Deposition of DR  A DAVID ROTHNER
14 Tuesday, April 20, 1982
15 - - -

16 The deposition of Dr A David Rothner, a witness
17 called for examination by the plaintiffs under the
18 Ohio Rules of Civil Procedure, taken before me, the
19 undersigned, Diana A Demby, Registered Professional
20 Reporter and Notary Public in and for the State of
21 Ohio, by agreement of counsel and without further
22 notice or other legal formalities, at the offices of
23 The Cleveland Clinic Foundation, 9500 Euclid Avenue,
24 Cleveland, Ohio, commencing at 10:20 o'clock am,
25 the day and date above set forth

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750 Lzader Building
Clewland, Ohio 44114
2

1 APPEARANCES:

2 On behalf of the Plaintiffs:

3 Fred Weisman, Esq

4 Paul lautman, Esq
Weisman, Goldberg 6 Weisman
540 Leader BuildinO
5 Cleveland, Ohio 44114

6 On behalf of Defendant Dr Bond:

7 James Malone, Esq 
Reminger & Reminger
8 300 Leader Building

9 Cleveland, Ohio 44114

10 On behalf of Defendant Salvation Army, Inc:

11 Jerome S Kalur, esq
Weston, Hurd, Fallon, Paisley & Howley
2500 Terminal Tower
12 Cleveland, Ohio 44113

13

14 STIPULATIONS

15 It was stipulated by and between counsel for

16 the respective parties, and with the consent of the

17 witness, that the reading and signing of the

18 transcript of his deposition is expressly waived

19 It was further stipulated by and between counsel

20 for the respective parties that the statutory

21 requirements as to filing of the transcript of the

22 deposition are expressly waived

23

24

25

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Registered Professional Reporters
750 Leader Building
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3
1 MR WEISMAN: This deposition is

2 by agreement There is a waiver of notice,

3 and any defects in service or process

4 Correct, gentlemen?

5 MR MALONE: That is correct

6 MR KALUR: Correct

7 - - -

8 DR A DAVID ROTHNER

9 a witness called for examination by the plaintiffs

10 under the Rules, having been first duly sworn, as

11 hereinafter certified, was deposed and said as

1 2 f ol lows:
13 CROSS-EXAMINATION

14 BY MR WEISMAN:

15 9L Give us your full name please, Doctor, and

16 your professional address

17 A Arnold David Rothner

18 OL And what is your address?

19 A Professional address, 9500 Euclid Avenue,

20 Cleveland, Ohio, 44106

21 And where do you live?

22 A Cleveland Heights, Ohio, 3495 Severn Road

23 CL And what is your field, air?

24 )L Child Neurology

25 OL Do you have, or have you had an occasion to

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Registered Professional Reporters
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4


review previously, matters involving babies that

2 were born of preeclamptic mothers?

3
A Yes

4
OL And what has been your experience in that

5
connection?

6 X I think each case has to be judged on its own

7 merits and individually

8 CL I mean, how many such cases have you examined?

9
X I can't give you a number  I see -- my

10
department sees approximately four to five thousand

11
outpatient child neurology visits per year, new and

12 old How many of those are attributable or related

13 to toxemia, is not kx)awn

14 Q That is your department, and you are in charge

15 of that department?

16 A Yes, sir

17 I see Have you made personal examination of

18
many of those children?

19
A Oh, yes

20 Q Where an acute, fulminating preeclampsia occurs

21 in a newborn -- mother -- can that be productive of

22 asphyxia in the fetus?

23
X Yes I think one always has to consider a

24
variety of risk factors it is very rare for a single

25
risk factor to be present in a case like that  And I

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5




1 think that to speak about generalities it difficult



2 P Doctor, I am not asking you -- I think I just



3 asked you the one question I will ask that the



4 unresponsive portion go out As long as I have a



5 time deadline, I am going to ask you kindly, if you



6 would, to answer my question, if you would, and then



7 we will be able to move along faster



8 A I think that to make a specific comment, unless



9 you are talking about a specific case, is



10 inappropriate



11 0 Okay



12 A In other words, we know that that can cause



13 problems, yes



14 (I That can cause b