LA


1 State of Ohio,
Ss:
2 County of Cuyahoga)

3 - - -

4 IN THE COURT OF COMMON PLEA

5 - - -
MARY DUCKWORTH, etc,
6 et al,

7 Plaintiffs,

8 VS Case No 2 6,8 3

9 LUTHERAN MEDICAL CENTER,)
et al, Judge Patr@ciq Cleary
10
Defendants
11

12 DEPOSITION OF JOHN A MARINO, IIi, M@D
Wednesday, March 3, 1993
1 3

1 4

15 The deposition of JOHN A MARIN @Ih III, MD,

16 a witness, called for examination by t e

17 Plaintiffs under the Ohio Rules of C@vii

18 Procedure, taken before me, Diane M S4 enson, a

19 Registered Professional Reporter and No ary

20 Public in and for the state of Ohio, by agreement

21 of counsel, at the offices of John A M rino,

22 III, MD, 1611 South Green Road, So th uclid,

23 Ohio, commencing at 4:15 PM, the d@y nd date

24 above set forth

25 - - -

Diane M Stevenson, RPR, CM
Morse, Gantverg & Hodge

I A @

2

1 APPEARANCES:

2 On behalf of the Plaintiffs:

3 Richard Berris, Esq
Weisman, Goldberg & Weisman Co LPA
4 1600 Midland Building
Cleveland, Ohio 44115
5

6 On behalf of the Defendant
Lutheran Medical Center:
7
Thomas H Allison, Esq
8 Arter & Hadden
1100 Huntington Building
9 Cleveland, Ohio 4 4 1 1 5

10 On behalf of the Defendants Dr Pel ni
and Acute Care Specialists, In

Thomas Terry, Esq
12 Jacobson, Maynard, Tuschman K lur
101 Lakeside Avenue, Suite 1600@
13 Cleveland, Ohio 4 4 1 1 4

14
On behalf of the Defendants Dr Oza
15 and Dr Kapoor:

16 Beth Sebaugh, Esq
Quandt, Giffels & Buck
17 800 Leader Building
Cleveland, Ohio 44114
18

19 On behalf of the Defendants Dr Lo toc
and Medical Center Radiologis@
20
Douglas K Fifner, Esq
21 Reminger & Reminger Co, LP
The 113 Building
22 Cleveland, Ohio 4 4 1 1 4

23 - - -

24

25

Diane M Stevenson, RPR, CM
Morse, Gantverg & Hodge

3

1 JEFFREY R CRASS, MD

2 A witness, called for examination by the

3 Plaintiffs, under the Rules, having @een first

4 duly sworn, as hereinafter certified, wa@

5 examined and testified as follows:

6 CROSS-EXAMINATION

7 BY MR  BERRIS:

8 Q State your full name, please

9 A John Anthony, Marino, III

10 Q You are a physician, correct?

1 1 A  Yes

12 Q Doctor, I am going to ask you some Q est ons

13 today about your review of this matt r 1@volving

14 Robert Duckworth  If any of my ques ions are

15 unclear or you don't understand them@ p4ase let

16 me know and I will rephrase the ques io for you

17 Okay?

18 A Yes

19 Q I have been provided with a copy of ou@ CV  Let

20 me take a glance at this for a minut@ ald see if

21 I have any questions

22 Doctor, your specialty within y ur:area of

23 medicine is internal medicine?

2 4 A  Yes

25 Q You are Board certified in internal @ed@cine?

Diane M Stevenson, RPR, CM
Morse, Gantverg & Hodge

4

1 A Yes

2 Q Do you also have a subspecialty in i fec lous

3 disease?

4 A Yes

5 Q What percentage of your practice is @evo@ ed to

6 infectious disease as opposed to interna

7 medicine?

8 A 25 percent to infectious disease

9 Q What has been your experience in the dia nosis

10 and/or treatment of patients with lu I g C ncer?

11 A You mean how many cases have I seen?

12 Q How many cases?  And if you could de cri e your

13 experience in that regard

14 A Oh, I probably have been involved in the

15 diagnosis in approximately 30, 40 ca@es

16 Q Over-

17 A Over my career, yes

18 Q Is that generally involving your pat en s? In

19 other words, you are not having pati nt referred

20 to you for pulmonary problems, per s ?

21 A  Right Right Well, that is from t e ime I was

22 a resident You have to understand ha during

23 my career, things have changed in th t pes of

2 4 patients I have seen It is predomi an ly

25 because of the fact that I was a res de@t and a

Diane M Stevenson, RPR, CM
Morse, Gantverg & Hodge

 5

1 fellow in infectious disease, and th t s
2 five-year period  Then there was a :ev:7-y:ar

3 period which I was almost solely an infe tious

4 disease consultant

5 Q where was that?

6 A Metro General Hospital  That was pr@mar@ly all I

7 did is consultation in infectious di eas

8 Q That was from when to when?

9 A 1984 through 1991 In the last two ear I have

10 been doing general medicine as well s i fectious

11 disease

12 Q Did you enter this private practice-

13 A 1 9 9 1

14 Q What is it, Cleveland Physicians, In@?

15 A Yes

16 Q In 1991?

17 A Yes

18 Q The point being, though, that you do hav@  some

19 experience in the diagnosis of lung an J@ r?

20 A Absolutely

21 Q Are you Board certified in anything th @r than

22 internal medicine?

23 A Infectious diseases

24 Q That is a subspecialty board?

25 A Yes

Diane M Stevenson, RPR, CM
Morse, Gantverg & Hodge

6

1 Q You have stated in your report, and I wi@l quote,

2 referring to the time that Mr Duckw rth was

3 under Dr Oza's