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I f@o  jt@ IN THE COURT OF COMMON PLEAS
 '(4 4@)
/'A - i V CUYAHOGA COUNTY, OHIO zgt5/' 119
2 tV @0
46
IoS400c,

CAITLIN ANN PEARSON, A Minor, etc., et a

 r
vs.

ST. JOHN & WEST SHORE HOSPITAL, ET AL
6
DEPOSITION OF@ JOHN P. O'GRADY, M.D., taken
7 before Micheline I. Bourbonnais, Certified
Shorthand Reporter and Notary Public pursuant
8 to Rule 30 of the Ohio Rules of Civil
Procedure, at the Sheraton Springfield -
9 Monarch Place, Springfield, Massachusetts at
6@00 p.m. on MAY 24, 1993.
10
APPEARANCES:
11
WEISMAN, GOLDBERG & WEISMAN CO., L.P.A., 1600 The
12 Midland Building, Landmark Office Towers, 101
Prospect Avenue, West, Cleveland, Ohio 44115,
13 representing the Plaintiff.
BY: FRED WEISMAN, ESQUIRE
14
REMINGER & REMINGER CO., L.P.A., The 113 St. Clair
15 Building, Cleveland, Ohio 44114-1273,
representing the Defendant St. John & West
16 Shore Hospital.
BY: LESLIE J. SPISAK, ESQ.
17 ALAN B. PARKER, ESQUIRE

is (CONTINUED ON PAGE 2.)
Micheline I. Bourbonnais
19 Certified Shorthand Reporter

20 PHILBIN & ASSOCIATES
Certified Shorthand Reporters
21 Certificate of Proficiency
Certificate of Merit
22
1500 Main Street - Suite 1514 P.D. Box 402
23 Springfield, MA 01115 Pittsfield, MA 01201
Tel (413) 733-4078 Tel (413) 499-2231



nOMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES

2

L
I APPEARANCES:

2 JACOBSON, MAYNARD, TUSCHMAN & KALUR, 1001 Lakeside
Avenue - Suite 1600, Cleveland, Ohio 44114,
3 representing the Defendant Doctor Anthony
Bacevice and Elyria OBGYN.
4 BY: JEROME S. KALUR, ESQUIRE

5

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COMPUTERIZFT) TRANSCRIPTION PHILBIN ASSOCIATES
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I N D E X

2  ---------------------------------------------------------
WITNESS DIRECT CROSS REDIRECT REC20SS
3 --------------------------------------------------------
John P. O'Grady, M.D. 4* 63***
4

5 xalur*
Spisak"
6 Weisman***
Parker****
7

8

9 -------------------------------------------------------
EXHIBITS: DESCRIPTION PAGE
10  --------------------------------------------------------

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COMPTITIERIZED TRANSCRIPTION PHILBIN ASSOCIATES

 4

L j
I JOHN P. OIGR.ADY M.D. Deponent, having been
2 first duly sworn, deposes and says as follows:
3 DIRECT EXAMINATION BY MR.  KALUR
4 Q. Would you state your name for the record?
5 A. John Patrick O'Grady.
6 Q. Doctor O'Grady, would you tell me when you
7 were first contacted in this case?
8 A. My recollection is the latter portion of
9 last year, I was actually contacted by the
10 pathologist at our institution who was looking at
11 same placenta slides in this case and she commented
12 an the case that I would probably be called by Mr.
13 Spisak's office with Doctor Pfluger in our
14 department of pathology. She and I reviewed slides
15 periodically in our interest in pathology so she
16 mentioned this case and I might be called on it.  My
17 recollection is that was the latter portion of 1992,
18 September, or October perhaps.
19 Q. When were you further contacted about this
20 case after the initial discussion with Doctor
21 Pfluger?
22 A. My recollection is that there was a delay
23 of four to six weeks and actually Doctor Pfluger had



COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES
I a portion of the records and I didn't see them for
2 sometime. As I recall, I did not become active in
3 reviewing this case until early 1983.
4 Q. When would early be, January?
5
I A. Yes. I am sorry, I don't have my file here
6 that lists all the correspondents, I would guess it
7 would be January - February of 1983. If you need
8 the exact dates I could extract them from my file.
9 Q. We don't need the exact dates, your best
10 approximation. Can you tell me what materials have
11 been furnished to you by Mr. Spisak or anyone from
12 his office?
13 A. I received deposition materials from the
14 various persons, I received several letters of
15 correspondence from Mr. Spdsak's office, I have
16 received records on the mother's hospitalization, I
17 received a copy of the office records, and I
18 received records related to the child's treatment
19 both acutely at St. John and West Shore Hospital and
20 after transfer as well, then a whole series of
21 documents go to subsequent therapy over, I gather,
22 several years.
23 Q. Do you recall what depositions you received

COMPUTERIZED TRANSCRIPTION PHILBIN & ASSOCIATES
6

I and read?
2 A. I reviewed and read the depositions of, as
3 1 recall, malJor actors, I received one from an
4 expert witness for the plaintiff, an expert witness
5 for the defense, and from, as I recall, three or
6 four of the nurses. There was as well some type of
7 report from someone in nursing who was a nurse
8 expert of some type and I've forgotten her name, I
9 am sorry, I'm not good at names.
10 Q. Do you remember the nurse
11 MR. SPIS