1-7 C)115
1 State of Ohio,
S S
2 County of Cuyahoga.

3 - - -

4 IN THE COURT OF COMMON PLEAS

5 - - -

6 Ann& B. Boiner, Admx., etc.,
et al.,
7
 Plaintiffs,
8 Case No. 161700
VS.
9 Judge Aurelius
Richmond Heights General
10 Hospital, et al.,

11  Defendants.

12 - - -

13 DEPOSITION OF ERIC S. KIRSCHNER, M.D.

14 WEDNESDAY, APRIL 11, 1990

15 - - -

16 The deposition of Eric S. Kirschner, M.D., a witness

17 herein, called by the Plaintiffs for examination

18 under the Ohio Rules of Civil Procedure, taken

19 before me, Ivy J. Gantverg, 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 400 Wabash
23 Avenue, Akron, Ohio, commencing at 2:30 p.m., on the

24 day and date above set forth.

25


MORSE, GANTVERG & HODGE

I

2

1 APPEARANCES:

2 On behalf of the Plaintiffs:

3 Howard D. Mishkind, Esq.
Weisman, Goldberg, Weisman & Kaufman
4 1600 Midland Building
Cleveland, Ohio 44115
5
On behalf of Defendant Paul Martin, D.O.:
6
Anthony P. Dapore, Esq.
7 Jacobson, Maynard, Tuschman & Kalur
1001 Lakeside Avenue - Suite 1600
8 Cleveland, Ohio 44114

9 on behalf of Defendants Richmond Heights
General Hospital and Andrew Liu, D.O.:
10
Marc W. Groedel, Esq.
11 Reminger & Reminger
113 St. Clair Building
12 Cleveland, Ohio 44114

13

14

15

16

17

18

19

2 0

21

22

2 3

2 4

2 5


MORSE, GANTVERG HODGE

3
1 (Thereupon, Plaintiffs' Exhibit 1
2 (Kirschner) was marked for identification.)
3 ERIC S. KIRSCHNER, M.D.
4 a witness herein, called by the plaintiffs for
5 examination under the Rules, having been first duly
6 sworn, as hereinafter certified, was deposed and
7 said as follows:
8 CROSS EXAMINATION
9 BY MR.  MISHKIND:
10 Q. Would you state your name, please?
11 A. My name is Eric Kirschner, M.D.
12 Q. Do you have an area that you specialize in,
13 Doctor?
14 A. I am a specialist in pulmonary disease,
15 critical care medicine and internal medicine.
16 D. You have been kind enough to provide me with
17 a copy of your curriculum vitae, and I have marked
is it for identification as Plaintiffs' Deposition
19 Exhibit 1.
20 I trust that this is current and updated?
21 A. Yes, it is.
22 Q. So it has all of your current teaching
23 assignments, and a listing of all of the various
24 publications and studies that you have been involved
25 in?

MORSE, GANTVERG & HODGE
4
1 A. Correct.
2 Q. Have you done any writing in the area of near
3 drowning?
4 A. No, I have not.
5 Q. Do you have any training with regard to any
6 studies that have been done in the area of near
7 drowning?
8 A. In terms of my pulmonary training, yes, 1
9 have treated a number of near drowning patients.
10 Q. Where did you do your training at?
11 A. I did my internal medicine training at North
12 Carolina Baptist Hospital, which is part of Bowman
13 Gray School of Medicine. My pulmonary fellowship
14 was at University Hospitals of Cleveland.
15 Q. And you were licensed to practice medicine,
16 it looks like, in 1984?
17 A. Correct.
18 Q. And what hospitals are you affiliated with
19 currently?
20 A. My primary affiliation is at Akron General
21 Medical Center. I also hold consulting privileges
22 at Cuyahoga Falls General Hospital and Akron City
23 Hospital, as well as St. Thomas Hospital.
24 Q. You are Board certified in pulmonary
25 medicine?

MORSE, GANTVERG & HODGE
5
1 A Yes.
2 Q. And that is as of 1986?
3 A. Correct.
4 Q. And also Board certified in internal medicine
5 as of 1984?
6 A. Correct.
7 9- In your practice, Doctor, have you ever
8 served as an emergency room specialist?
9 A. No, not as -- are you referring to a staff
10 physician?
11 Q. Right.
12 A. No, I have not.
13 Q- in your residency, did you spend any time in
14 emergency medicine?
15 A. Substantial, yes. We, as internal medicine
16 residents, were required to participate in running
17 our emergency room from a resident level.
18 Q. Do you feel qualified to render opinions in
19 this case as it relates to the standard of care
20 provided by the emergency room physician in this
21 case?
22 A. At least in terms of its relation to
23 pulmonary disease, yes.
24 Q. Now, you have written a report dated July 12,
25 1989 addressed to Mr. Dapore, and I have a copy of

MORSE, GANTVERG & HODGE
6
1 that, it is four pages.
2 I trust you have a copy with you?
3 A. Yes.
4 Q. Have you written any other reports or letters
5 to Mr. Dapore relative to this case, other than the
6 July 12, '89 letter?
7 A. No, I have not.
8 Q. Would you tell me when it was that you were
9 first contacted relative to reviewing records on
10 Kenneth Boiner?
11 A. I believe it was somewhere in the range of a
12 month to a month and a half prior to