34)

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THE STATE OF OHIO
SS:
COUNTY OF CUYAHOGA

IN THE COURT OF COMMON PLEAS

FERN J HAYES,
plaintiff,
VS Case No 229605
KAISER FOUNDATION HEALTH PLAN
of OHIO, dba KAISER PERMANENTE:
CT CORPORATION SYSTEMS, et al,
defendants




Telephonic deposition of DOUGLAS RUND, MD,

a witness herein, called by Defendant Kaiser

Foundation Health Plan of Ohio for the purpose of

cross-examination pursuant to the Ohio Rules of

Civil Procedure, taken before Bruce A Matthews, a

Registered Professional Reporter and Notary Public

in and for the State of Ohio, at the offices of

Reminger & Reminger, The 113 Saint Clair Building,

Cleveland, Ohio, on Wednesday, the 24th day of

February, 1993, at 2:20 pm, pursuant to agreement

of counsel






FLOWERS & VERSAGI

COURT REPORTERS
Computerized Transcription  COPY
Computerized Litigation Support
THE 113 SAINT CLAIR BUILDING - SUITE 505
CLEVELAND, OHIO 44114-1273
(216) 771-8018
1-800-837-DEPO

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1 APPEARANCES:
2 ON BEHALF OF THE PLAINTIFF:
3 R Eric Kennedy, Esq
4 Weisman, Goldberg & Weisman
5 1600 Midland Building
6 Cleveland, Ohio 44115
7 (216) 781-1111
8 - - - - -
9 ON BEHALF OF DEFENDANTS KAISER FOUNDATION
10 HEALTH PLAN OF OHIO, dba KAISER PERMANENTE
11 CT CORPORATION, KAISER FOUNDATION HOSPITALS,
12 OHIO PERMANENTE MEDICAL GROUP, INC,
13 ALLEN POIS, MD, RANDY PAUL, MD,
14 ROLAND PHILIP, MD and ASPI BYRAMJEE, MD:
15 Gary H Goldwasser, Esq
16 Reminger & Reminger
17 The 113 Saint Clair Building
18 Cleveland, Ohio 44114-1273
19 (216) 687-1311
20 ON BEHALF OF DEFENDANT MORRIS P MONTLACK, MD:
21 Joseph R Tira, Esq
22 Quandt, GiffelB, Buck & Rodgers
23 800 Leader Building
24 Cleveland, Ohio 44114-1460
25 (216) 241-2025

FLOWERS & VERSAGI COURT REPORTERS (216) 771-6018
3

I N D E X
2 WITNESS: DOUGLAS RUND, MD
3
4 PAGE
5 Cross-examination by Mr Goldwasser 4
6 Cross-examination by Mr Tira 24
7
8 - - - - -
9 (NO EXHIBITS MARKED)
10
11 (FOR KEYWORD AND OBJECTION INDEX SEE APPENDIX)
12 - - - - -
13
14
15
16
17
18
19
2 0
21
2 2
2 3
2 4
2 5

FLOWERS & VERSAGI COURT REPORTERS (216) 771-8018
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1 MR GOLDWASSER: Eric, can we
2 have a stipulation for the record that the swearing
3 in of the doctor over the telephone will suffice,
4 and there will be no objections waived to the
5 Doctor being under oath?
6 MR KENNEDY: That's
7 correct
8 MR GOLDWASSER: Thank you
9 Doctor, I'm going to have the court reporter swear
10 you in Would you raise your right hand, please?
11 DOUGLAS RUND, MD
12 of lawful age, a witness herein, called by
13 Defendant Kaiser Foundation Health Plan of Ohio for
14 the purpose of cross-examination, pursuant to the
15 Ohio Rules of Civil Procedure, being first duly
16 sworn, as hereinafter certified, was examined and
17 testified as follows:
18 - - - - -
19 CROSS-EXAMINATION
20 BY MR GOLDWASSER:
21 Q For the record, would you tell us your name,
22 please
23 A Douglas Rund
24 Q Dr Rund, I was just telefaxed about 15 or 20
25 minutes ago a copy of your curriculum vitae, and I

FLOWERS & VERSAGI COURT REPORTERS (216) 771-8018
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1 have looked through it briefly I am not going to
2 waste everybody's time by asking you where you went
3 to medical school, but I do want to ask you about
4 some of your publications Sir, I have not had an
5 opportunity to go through the bibliography in any
6 detail
7 Have you ever published on the
8 subject of peripheral vascular disease as it
9 relates to emergency room medicine?
10 A I don't believe so
11 Q Have you ever published on the subject of
12 peripheral vascular disease in any area?
13 A I don't believe so I don't think it's in my
14 student text, and I don't think I have any specific
15 articles in that regard
16 Q Can I assume that your expertise is emergency
17 room medicine?
18 A We call it emergency medicine
19 Q Emergency medicine, I'm sorry
20 I notice that you're Board
21 Certified in Family Practice as well, is that true,
2 2 sir?
23 A Yes
24 Q Are you clinically involved in family
25 practice?

FLOWERS & VERSAGI COURT REPORTERS (216) 771-8018
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1 A No
2 Q For how long have you limited your practice
3 to emergency medicine?
4 A Approximately 15 years I do a little
5 outpatient ambulatory medicine, but I consider
6 myself an emergency physician
7 Q I can assume, can I not, that you do not
8 consider yourself an expert in the field of
9 peripheral vascular disease?
10 A Yes
11 Q Can I assume then for the purpose of your
12 retention as a witness in the lawsuit we're dealing
13 with here today that you are going to limit any
14 opinions you give as relates to standard of care in
15 the field of emergency medicine, am I correct?
16 A That's correct
17 Q Can I also assume that you are not intending
18