1-7 CO Z-



1 State of Ohio, SS:

2 County of Cuyahoga

3 - - -

4 IN THE COURT OF COMMON PLEAS

5 - - -

6 Richard Dalziel, etc,

7 Plaintiff, Case No 256240

8 VS

9 Kaiser Foundation Health
Plan of Ohio, et al,
10
Defendants
11

12

13 THE DEPOSITION OF JEFFREY R RUBIN, MD

14 WEDNESDAY, SEPTEMBER 28, 1994

15 - - -

16 The deposition of JEFFREY R RUBIN, MD, a witness,

17 called for examination by the Plaintiff, under the Ohio

18 Rules of Civil Procedure, taken before me, Michelle R

19 Hordinski, Registered Professional Reporter and Notary

20 Public in and for the State of Ohio, pursuant to

21 agreement, at the offices of Jeffrey R Rubin, MD, 500

22 Gypsy Lane, Youngstown, Ohio, commencing at 11:00 am,

23 the day and date above set forth

24

25 - - -

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1 APPEARANCES:

2

3 On behalf of the Plaintiff:

4 RICHARD BERRIS, ESQ
Weisman, Goldberg & Weisman
5 1600 Midland Building
Cleveland, Ohio 44113
6

7
on behalf of the Defendants:
8
GARY GOLDWASSER, ESQ
9 Reminger & Reminger
The 113 St Clair Building
10 Cleveland, Ohio 44113

11

12

13

14

15

16 - - -

17

18

19

20

21

22

23

24

25

1 JEFFREY R RUBIN, MD
2 a witness, called for examination by the Plaintiff, under
3 the Rules, having been first duly sworn, as hereinafter
4 certified, deposed and said as follows:
5 CROSS-EXAMINATION
6 BY MR  BERRIS:
7 Q State your full name
8 A Jeffrey Reed Rubin
9 Q Is there a CV available?  I know I had one
10 MR GOLDWASSER: Oh, I have --
11 MR BERRIS: You know what,
12 it was attached to the report
13 MR GOLDWASSER: Yes
14 Well, Eric has used Dr Rubin as a
15 witness before, so I'm sure he has material
16 on him
17 Q Did you testify for Eric Kennedy in a case?
18 A I've reviewed records for him I haven't testified
19 for him
20 MR GOLDWASSER: He did testify
21 in deposition once
22 MR BERRIS: For Eric?
23 MR GOLDWASSER: For Eric in a
24 case I defended
25 MR BERRIS: Which case?
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1 MR GOLDWASSER: That was a
2 double amputee case of a lady, Fern
3 Hayes
4 BY MR  BERRIS:
5 Q I was provided with a copy of your CV
6 Is this your full CV?
7 A No It's probably the face sheet
8 Q This is just the face sheet of your CV?
9 A Probably an old one
10 Q Is there a new full CV available?
11 A Yes
12 Q We can get that before we leave?
13 A Yes
14 Q What records did you review prior to preparing your
15 report?
16 A These records (Indicating)
17 Q You've handed me some papers that are clipped
18 together, which includes Mr Goldwasser's cover
19 letter and the document that you reviewed?
20 A Correct
21 Q You did not review the full medical record?
22 A This is all I reviewed
23 MR GOLDWASSER: And the x-ray
24 films he saw
25 THE WITNESS: Yes
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1 BY MR  BERRIS:
2 Q And the films, are you talking about the
3 ultrasound?
4 A And the angiograms
5 MR GOLDWASSER: I sent him all
6 the records from November 9, 1992 up through
7 the time of his death I didn't send him
8 all the St Luke's records
9 Q How many times, approximately, have you testified,
10 given a deposition in a medical legal matter?
11 A I've probably given somewhere between five and ten
12 over the past ten years
13 Q How many times has Mr Goldwasser asked you to
14 review a case?
15 A I believe once before I can't remember exactly
16 MR GOLDWASSER: We just tried
17 to figure that out I thought you would ask
18 that question Neither of us could
19 remember
20 I know he's reviewed one or two cases
21 when he was at UH for me  He has testified
22 against my client more than he has in
23 favor
24 Q The three of us have been together on one occasion
25 under similar circumstances Is that the one you
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1 remembered, the Herman Mark case?
2 MR GOLDWASSER: Oh, that's
3 right I forgot about the Herman Mark
4 case
5 A Is that the Cleveland Clinic?
6 Q Yes
7 A That's the case I remember
8 Q The fellow that lost his leg?
9 A Yes
10 Q What's your definition of an impending rupture of
11 an abdominal aortic aneurysm?
12 A An impending rupture is an aneurysm that has gotten
13 to the point where, if you don't do something
14 quickly, it's going to rupture imminently
15 Q When you say imminently, what does that mean?
16 A Within the next few hours
17 Q What's an expanding triple A?
18 A Any aneurysm that is growing
19 Q Is every aneurysm, abdominal aortic aneurysm, an
20 expanding triple A?
21 A No
22 Q What is the difference between -- when you say it's
23 growing, does it grow consistently? Is it
24 variable?
25 A Well, the average growth of aortic aneurysms, based
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1 on national history studies, is about four
2 millimeters per year That does not mean that
3 every aneurysm grows