IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY

                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                    CIVIL TRIAL DIVISION


                                           - - -

                  SHARON PRATT, MOTHER, MICHAEL:  OCTOBER TERM, 1991
                  NESMITH, SR, FATHER,        :
                  INDIVIDUALLY AND IN THEIR OWN:
                  RIGHT, AS PARENTS AND        :
                  NATURAL GUARDIANS FOR MICHAEL:
                  NESMITH, JR                 :
                                               :
                           VS                 :
                                               :
                  RONALD L SOUDER, MD, ET AL: NO 1576

                                           - - -

                                 COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                      FEBRUARY 1, 2001

                                           - - -

                  BEFORE:  HONORABLE VICTOR J DI NUBILE
                                         AND A JURY

                                           - - -




                       GEORGE D'ANGELIS, RPR, OFFICIAL COURT REPORTER
                                    LAND TITLE BUILDING
                                    100 S BROAD STREET
                                        SECOND FLOOR
                             PHILADELPHIA, PENNSYLVANIA, 19110
                                       (215) 683-8056
                                           - - -
 







                  APPEARANCES:


                               GAYLE R LEWIS & ASSOCIATES
                               BY:  GAYLE R LEWIS, ESQUIRE
                                    MONICA M LEONE, ESQUIRE
                               COUNSEL FOR THE PLAINTIFFS


                               POST & SCHELL
                               BY:  WILLIAM SUTTON, ESQUIRE
                               COUNSEL FOR ST CHRISTOPHER'S HOSPITAL

                               MYLOTTE, DAVID AND FITZPATRICK
                               BY:  CHARLES FITZPATRICK, III, ESQUIRE
                               COUNSEL FOR DRS SOUDER AND FISHER
 






                                           INDEX
                                           _____

                  WITNESSES:

                                      DIRECT   CROSS   REDIRECT  RECROSS

                  MARCEL KINSBOURNE     6        18       22
                                       24        22      113
                                                 71


                  JUDITH ANN SHECTER  120       147      153       155

                  ANDREW VERZILLI     157       151
 
                                                                             4




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                           (THE FOLLOWING TRANSPIRED IN

         6               OPEN COURT IN THE PRESENCE OF THE JURY:)

         7                           THE COURT:  YOU ARE MAKING AN

         8               OFFER OF PROOF?

         9                           MR FITZPATRICK:  YES, YOUR

        10               HONOR

        11                     DR KINSBOURNE'S SUMMARY WHICH, I

        12               THINK, IS THE ONLY PART THAT TALKS ABOUT

        13               HIS CONCLUSIONS, DOES NOT ADDRESS ITSELF TO

        14               THE STANDARD OF CARE  IT JUST ADDRESSES

        15               ITSELF TO THE CAUSATION ISSUE HERE AND I

        16               THINK THAT THE RESULTS OF HIS EXAMINATION

        17               OF THE CHILD AND THAT  SO, I JUST WANT TO

        18               MAKE A MOTION TO LIMIT HIM TO THAT, THAT HE

        19               IS NOT GOING TO MAKE ANY COMMENTS

        20               CONCERNING THE STANDARD OF CARE

        21                           THE COURT:  I WILL LIMIT HIM TO

        22               HIS REPORT

        23                           MS LEWIS:  THANK YOU  BECAUSE

        24               HIS REPORT DOES ADDRESS THAT CAT SCAN
 
                                                                             5




         1               WOULD HAVE DETECTED THE PROBLEM AND THERE

         2               ARE THINGS IN HIS REPORT  BUT AM I GOING

         3               TO SAY TO HIM, DR KINSBOURNE, IN YOUR

         4               OPINION, WAS THERE A DEVIATION FROM CARE

         5               I AM NOT GOING TO ASK HIM THAT SPECIFIC

         6               QUESTION, BUT HE CAN CERTAINLY TALK ABOUT

         7               THE DIAG