qIA9 39

              State of Ohio,
                                      SS:
          2   County of Cuyahoqa

          3                       - - -

          4              IN THE COURT OF COMMON PLEAS

          5                       - - -

          6   RYAN A DOBRZENIECKI, et al,
                                              )
          7                   Plaintiffs,     )
                                              )
          8        VS                        ) Case No 017,843

          9   DAVID BURK017F, MD, and
              UNIVERSI'VY ITOSPITALS OF
          10  CTEVELANN,

          11                  Defendants

          12

          13           DEPOSITION OF TOM A BARDEN, MD

          14             MONDAY, MAY  10,  1982

          15                      - - -

          16         Deposition of Tom A Barden, MD, a witness

          17  called oursuant to the Ohio Rules of Civil

          18  Procedure, taken before me, Sidnev Gantverq,

          19  RecTistered Professional Renorter and Notarv Public

          20  in and for the State of Ohio, by aareement of

          21  counsel, and without notice or other leqal

          22  I-rormality, at the University of Cincinnati College

          23  oll medicine, Cincinnati, Ohio, becinning at

          24  2:)r) DM, on the iav and d@i@e above set forth

          25                       - - -

                                Morse, Cjantverg & Hodge
                                 @stered Professional Reporters
                                    750     @lding

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              APPEARANCES:

          2   On behalf of the Plaintiffs:
          3
                     Weisman, Goldbera & Weisman
          4          Fred Weisman, Eso
                     540 Leader Buildinq
          5          Cleveland, Ohio

          6   On behalf of Defendant David Burkon, MD:

          7          Scruirep Sanders & Dempsey
                     Frederick R Nance, Esa

          8          UniOn Commerce Buildinq
                     Cleveland, Ohio

          9  On behalf of Defendant University Hospitals of
             Cleveland:
          10

                     Arter & Hadden,
          11         Crawford R Morris, Esq

          12         Union commerce Buildinq
                     Cleveland, Ohio

          13

          14

          15

          16

          17

          18

          19

          20

          21

          22

          23

          24

          25


                               Morse, Gantverg Hodge
                                Regi@ed Professional Rep@s
                                   750 Leader Buil&ng
                                  C@nd Ohio 44114

                                                                3

                               TOM A BARDEN, MD

          2
              called oursuant to the Ohio Rules of Civil Procedure,

          3   havina been first duiv sworn, as hereinafter

          4  certified, was examined and dedosed as follows:

          5
                            MR MORRIS:      Let the record show

          6          that this deposition is beinq taken by

          7          plaintiffs' attornev, uursuant to his right

          8          to cross-examine Dr Barden as our expert

          9          T want the record to show that Dr Barden

        10           is our expert to aive his exnert opinion

        11           about the position of the hospital only

        12           insofar as the nlaintiffs' charges aqainst

        13           the hosdital are concerned in alleged

        14           neqliqence in not Dronerly staffinq the labor

        15           and delivery rooms, I think, whhtever the

        16           complaint was

        17                 He is not beina offered by the

        18           hospital as an exnert insofar as the

        19           co-defendant, Dr Burkons, is concerned

        20                 Do you want to make a statement now,

        21           Mr Nance?

        22                 MR NANCE:        Yes  I would just

        23           like to say, I am Fred Nance, counsel for

        24           Dr Burkons   Mr Morris' understandinq

        25           comports with our understandinq of the nature

                              Morse, Gantterg & Hodge
                               Regijtered Professional Rep@s
                                  750 @ Buil&Tig
                                 @land, Ohio 44114

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                     of this deposition

          2
                            MR MORRIS:       I think  to  clarify

          3
                     the record, at the time of trial, when 1

          4
                     ask Dr Ba