I State of Ohio,
) SS: 17 W? 5

2 County of Cuyahoga.

3 - - -

4 IN THE COURT OF COMMON PLEAS

5 - - -

6 SAMUEL M. WORMSLEY, III, et al.,

7 Plaintiffs,
case No. 051,355
8 VS.
Judge Robert E. Feigian
9 KAISER HOSPITAL, et al.,

10 Defendants.

11

12 DEPOSITION OF ARNOLD DAVID ROTHNER, M.D.

Monday, April 1, 1985
13

14

15 The deposition of Arnold David Rothner, M.D., a witness

16 called for examination by the Defendants under the Ohio

17 Rules of Civil Procedure, taken before me, Janet M.

18 Hoffmaster, Registered Professional Reporter and Notary


19 Public within and for the State of Ohio, pursuant to


20 notice, at the Cleveland Clinic, 9500 Euclid Avenue,


21 Cleveland, Ohio, commencing at 9:05-A.M., the day and

date above set forth.
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2

APPEARANCES:
2
On behalf of the Plaintiffs:
3
Eric Kennedy, Esq.
4 Weisman, Goldberg & Weisman
540 Leader Building
5 Cleveland, Ohio 44114

6 On behalf of the Defendants:

7 Burt Fulton, Esq.
Gallagher, Sharn, Fulton & Norman
8 6th Floor, Bulkley Building
Cleveland, Ohio 44115
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3
1 ARNOLD DAVID ROTHNER, M.D.,
2 a witness, called for examination by the Defendants
3 under the Rules, having been first duly sworn, as here-
4 inafter certified, denosed and said as follows:
5 CROSS-EXAMINATION
6 BY MR. FULTON:
7 Q. Your name, please, sir?
8 A. Arnold David Rothner.
9 MR. KENNEDY: Before we go further, let
10 me just go on the record simply to state that
11 from the plaintiff's standpoint on behalf of
12 Samuel Warmsley that our going forward with this
13 deposition in no way should operate as a waiver
14 of our rights to object to any or all of Dr.
15 Rothner's testimony at trial or arbitration;
16 that the fact that we are allowing this deposition
17 to go forward in a limited sense should in no way
18 be construed as a waiver of the patient-physician
19 relationship.
20 We have entered into an agreement in this
21 case between plaintiffs and defendants whereby it
22 is agreed among the parties in this case that
23 during the course of questioning should a question
24 be put to the doctor and should I on behalf of
25 Samuel Wormsley ask the doctor not to answer, the
4
1 doctor will not answer nursuant to the agreement
2 by all counsel involved.
3 MR. FULTON: I will abide by that,
4 although my agreement with you, really, Eric, is
5 I would ask no questions with respect to opinions
6 of malpractice with respect to causation in this
7 instance, that I would abide by that, but I don't
8 think you can go to the extreme and just have him
9 answer and not say what Arnold-Chiari Syndrome
10 is. 'Ay God, that's a medical term, not an opinion.
11 In any event, let's go on.
12 BY MR. FULTON:
13 O. Your occupation?
14 A. Physician.
15 O. In what area do you specialize, sir?
16 A. Pediatric neurology.
17 QL I know, having asked you questions before, that
18 you have quite an extended background, but could you
19 just sort of give us the highlights of your medical
20 background?
21 A. I'm a graduate of the University of Illinois
22 College of Medicine. I've taken pediatric residency in
23 Chicago and New York at Columbia University.
24 I'm board certified in pediatrics. I did a fellow-
25 ship in neurology with special training in child neurol-
5
1 ogy at the Neurological Institute of Columbia University.
2 I'm board certified in psychiatry and neurology
3 with special competence in child neurology.
4 I'm the chief of the section of child neurology
5 at the Cleveland Clinic Foundation.
6 I'm associate clinical professor at Case Western
7 Reserve University, and I have a bibliography of a
8 number of publications in the field of child neurology.
9 OL Now, have you brought with you the records of
10 one Samuel Wormsley?
11 A. Yes, I did.
12 Q. You have those in front of you; do you not?
13 A. Yes, I do.
14 Q@ Incidentally, do you have both your office re-
15 cords as well?
16 A. I do.
17 What difference would there be with respect to the
18 office records as to what they might contain and the
19 records of the Cleveland Clinic Foundation?
20 A. Generally speaking the office records contain
21 copies of my letters to referring physicians which are
22 also in the Cleveland Clinic record. In addition,
23 they might contain some phone conversations. In addi-
24 tion, they might contain some communication from school,
25 but those would be the major differences.
6



1 MR. FULTON: I am going to ask him


2 to produce those records, Eric.



3 MR. KENNEDY: Fine.



4 BY MR. FULTON:



5 O. When did you first see this young man?



6. A. January 28, 1982.



7 Q- On that particular date you had him hospitalized



8 immediately; did you not?



9