S T A T E 0 F 0 H I 0

2 COUNTY OF CUYAHOGA
No. 162348
3
TYLER MEISTER
4
VS.
5
SAMUEL J. JOY, M.D.
6

7 DEPOSITION OF: PATRICK O-GRADY, M.D., taken
before Joanne Coyle, Certified Shorthand
8 Reporter Notary Public pursuant to the Ohio
Rules of Civil Procedure, at the offices of
9 Patrick O'Grady, M.D., Baystate Medical Center,
Springfield, Massachusetts, on April 13, 1990,
10 commencing at 1:45 P.M.

11 APPEARANCES:

12 WEISMAN, GOLDBERG, WEISMAN & KAUFMAN CO., L.P.A.,
1600 Midland Building, Cleveland, Ohio 44115,
13 representing the Plaintiff.
BY: ERIC KENNEDY, ESQUIRE
14
GALLAGHER, SHARP, FULTON & NORMAN CO., L.P.A.,
15 630 Bulkley Building, Cleveland, Ohio 44115,
representing the Defendant.
16 BY: BURT J. FULTON, ESQUIRE

17 Joanne Coyle
Certified Shorthand Reporter
18
PHILBIN & ASSOCIATES
19 Certified Shorthand Reporters
Certificate of Proficiency
20 Certificate of Merit

21 COMPUTER ASSISTED TRANSCRIPTION

22 95 State Street P.O. Box 402
Springfield, MA Pittsfield, MA.
2 3 01103 0 1 2 0 1
Tel (413) 733-4078 Tel (413) 499-2231



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I N D E X

2 -----------------------------------------------------

3 WITNESSES: DIRECT CROSS REDIRECT RECROSS

4 -----------------------------------------------------
Patrick O'Grady, M.D. 3
5

6

7

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9 EXHIBITS: DESCRIPTION PAGE

10 -----------------------------------------------------
Defendant 1 Ultrasound 3
11 Defendant 2 Ultrasound 3
Defendant 4 Ultrasound 3
12 Defendant 4 Ultrasound 3
Defendant 5 Cv 3
13 Defendant 6 Attorney Correspondence 10
Defendant 7 Case Synopsis of Notes 10
14 Defendant 8 Meister Outline 10
Defendant 9 University Hospital
15 Admissions Data 10
Defendant 10 12/8/88 Report & Correspondence 10
16

17

18

19

2 0

21

2 2

2 3




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1 PATRICK OIGRADY, M.D., Deponent, having been

2 first duly sworn, deposes and says as follows:

3

4 (Defendant's Exhibit
1-5 offered and marked
5 for identification)

6

7 DIRECT EXAMINATION BY MR. FULTON

a

9 Q. Doctor, I am Burt Fulton and I represent

10 Doctor Joy. We have been introduced before. I just

11 have some questions to ask you.

12 A. Yes, sir.

13 Q. Number one, what we have marked as

14 Defendant's Exhibit Number 5, that is your CV, I

15 take it?

16 A. That is correct.

17 Q. Is there anything since then that has to

18 be added? I understand that you are trying to

19 prepare a new book, at least in conjunction with

20 others.

21 A. Yes; there are a couple of minor articles

22 but of no consequence.

23 Q. Nothing dealing with this particular




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1 matter?

2 A. No, air.

3 Q. The next thing, I will hand you what have

4 been identified as the ultrasounds which you

5 previously examined. They are marked 1 through 4.

6 (Indicating)

7 A. Yes; they are four images -- four sets of

a images on emulsion film.

9 Q. You have had a chance, have you not, to

10 review the radiology interpretation of these from

11 Fairview Hospital, have you not?

12 A. Yes.

13 Q. These films indicate that there was

14 what?  Normal amniotic fluid at that point In time?

15 A. It Is a singleton fetus. It does note

16 normal amniotic fluid.  Without extensive

17 removement, there is no obvious fetal abnormalities.

18 Q- So to someone looking at those films,

19 they would indicate that at least as far as the

20 films are concerned, it would appear that the fetus

21 was normal?

22 A. That is correct.

23 Q. Those were taken on 11, 7, 185 -- at




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1 least I have here

2 A. (Interposing) The only thing I need to

3 double check Is the patient's unit number because

4 her name doesn't appear on here.

5 Q. It doesn't?

6 A. No; it does not, apparently. Is there a

7 28 number?

8 Q. Is that the number that you are speaking

9 of, below my finger?

10 A. That is not the one that is on here. if

11 I am missing something, I just don't see the

12 patient's name on here. There is a number. I am

13 making the assumption that these are the correct

14 films.

15 Q- I can't help you because they were given

16 to me.

17 A. There Is on the obstetrical films the

18 number 28504988 dated 11, 7, 185.

19 Q. I agree with you.

20 A. So I am going to make the assumption --

21 there should be a patient number or something.

22 Q. This is how they came in to me.

23 A. Tha