IN THE COURT OF COMMON PLEAS

2 CUYAHOGA COUNTY, OHIO

3
Annie Aponte,
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Plaintiff,

5 Judge Francis E Sweeney
VS
6 Case No 61165
St Vincent Charity

7 Hospital, et al,

8 Defendants






11 Deposition of HOWARD J TUCKER, MD, taken


12 as if upon cross-examination before Pamela S Green-


13 field, a Registered Professional Reporter and Notary


14 Public within and for the State of Ohio, at the offices


15 of Howard J Tucker, MD, 26900 Cedar Road, Third


16 Floort Beachwood, Ohio, on Monday, March 25, 1985 at


17 2:00 PM, pursuant to notice and/or stipulations of


18 counsel, on behalf of the Defendants Denison R


19 Stewart, MD and Drs  Alfred and Steffee, MD, Inc

in this cause
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I APPEARANCES:

2 Robert J Zavesky, Esq,
-Berger & Kirschenbaum,
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on behalf of the Plaintiff;
4
Douglas XFifner, Esq,
5 Reminger & Reminger,

6 on behalf of the Defendants
St Vincent Charity Hospital,
7 Lawrence Bell, MD,
James D Hayes, MD and
8 Aaron Combs, MD;

9 Cyril J McIlhargle, Esq,
Jacobson, Maynard, Tuschman & Kalur,
10 an behalf of the Defendants
11 Denison R Stewart, MD and
Drs  Alfred and Steffee, MD, Inc
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1 HOWARD J TUCKER, MD, called by the

2 Defendants Denison R Stewart, MD and

3 Dr Alfred and Steffee, MD, Inc for the

4 purpose of cross-examination, as provided by

5 the Ohio Rules of Civil Procedure, being by

6 me first duly sworn, as hereinafter certified,

7 deposed and said as follows:

8 CROSS-EXAMINATION OF HOWARD J TUCKER, MD

9 BY MR  McILHARGIE:

10

11 Whereupon, Defendants' Exhibits 1

12 through 5 were marked for purposes-df

13 identification

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is MR McILHARGIE: Lot the record

16 reflect that this is the deposition of

17 Dr Howard Tucker It is being taken

18 pursuant to notice and that all formalities

with respect to notice and service are waived,
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is that correct, Mr Zavesky?
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MR ZAVESKY: Correct
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Q Doctor, would you please state your name and spell
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your last name?
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A Howard Tucker, T-u-c-k-e-r
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Q Doctor, with the notice, I supplied a duces tecum
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4
1 requiring that certain matters be brought; with you

2 today and I asked that you bring all records,

3 X-ray films, documents, correspondence, textsi

41 articles reviewed by you with reference to your

5 review of the matter of Annie Aponte versus

6 St Vincent Charity Hospital Have you brought

7 records that are responsive to that today, Doctor?

8 A Yes


9 Q For purposes of identification, we have already


10 marked the notice as Defendants' Exhibit 1 and,


11 Doctor, I am showing you now what is a letter


12 involving three pages It starts off with your


13 stationery, "Howard J Tucker, MD, Inc," dated


14 April 5, 1984 and addressed to Mr Ron K Riley


15 of Berger & Kirschenbaum


16 Would you examine that, please? That is


17 Defendants' Exhibit 2, for purposes of

identification
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A Yes
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Q Is that the report you prepared at the request of
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Plaintiff's counsel, Mr Riley, in this case?
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A Yes, it is
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Q Does it reflect your opinions with respect to your
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review and evaluation of the medical records in
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support of the claim that has been brought by
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1 5

Mrs Aponte against both St Vincent Charity

2 Hospital and various named physicians in that

3 lawsuit?


4 A It does


5 Q Doctor, would you please indicate for the record


6 what medical charts, medical records and documents


7 you reviewed prior to preparing the report that we


8 have identified as Defendants' Exhibit 2?


9 A The Lorain Community Hospital records which


10 consisted of a CAT scan report


11 Q of what date, Doctor?


12 A Dated November 5, 1982


13 Q That is identified as Defendants' Exhibit 3?


14 A It is And from the Elyria Hospital, Memorial


15 Hospital, records and the discharge summary from


16 an admission of September 13 to September IT, 1982

Q That is Identified as Defendants' Exhibit 4?

A Defendants' Exhibit 4 Records from St Vincent

Charity Hospital and Health Center, an entire
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record including nurse's notes, progress notes,
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porter sheets and summaries from an admission
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dating from June 30th to August 17, 1982, and I
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think that was Defendants' Exhibit Number 5
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Q Doctor, other than the exhibits that you have

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already identified, Defendants' Exhibits 3 through

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1 6
1 5, have you reviewed any other records with

2 reference to this case?
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3@ A I don't recall that I have, no

4 Q Doctor, were you ever asked to review X-rays or
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5 CAT scans with respect to Annie Aponte and her

6 medical care and treatment9

7 A I don't recall that I have looked at those X-rays

8 Q You have no recollection as You sit here now of

9 having done that?

10 A Correct

11 Q Doctor, In addition to the medical records which

12 you have just indicated having