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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 - - - 2 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? 4 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 5 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 6 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 7 1 on national history studies, is about four 2 millimeters per year That does not mean that 3 every aneurysm grows
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