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, M.D., ET AL: NO. 1576

                                           - - -

                                 COURTROOM 253, CITY HALL
                                 PHILADELPHIA, PENNSYLVANIA

                                           - - -

                                      FEBRUARY 6, 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 DEFENDANT

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






                                           INDEX
                                           _____

                  WITNESSES:

                                       DIRECT   CROSS   REDIRECT  RECROSS

                  STEPHEN LUDWIG, M.D.    5      18
 
                                                                             4




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (THE FOLLOWING TOOK PLACE IN OPEN

         6               COURT, IN THE PRESENCE OF THE JURY:)

         7                           THE COURT:  LADIES AND

         8               GENTLEMEN, GOOD MORNING.  I APPRECIATE YOU

         9               ALL BEING HERE TODAY.  I KNOW THE LITIGANTS

        10               AND ATTORNEYS THANK YOU AS WELL.  WE WERE A

        11               LITTLE LUCKY YESTERDAY.  WE DID ADJOURN

        12               EARLY.  I DIDN'T REALIZE IT WAS SNOWING

        13               UNTIL AFTER WE ADJOURNED.  I WOULD HAVE

        14               ADJOURNED EARLY ANYWAY.

        15                     NOW, MR. SUTTON, YOU ARE GOING TO

        16               CALL DR. LUDWIG.  HOWEVER, DR. LUDWIG WAS

        17               SCHEDULED TO FLY IN FROM PHOENIX.  HE COULD

        18               NOT MAKE IT DUE TO THE WEATHER.  THE

        19               AIRPORT WAS CLOSED.  THEREFORE, WE ARE

        20               GOING TO READ IN HIS DEPOSITION OR PARTS OF

        21               IT.

        22                           MR. SUTTON:  THANK YOU.  I HAVE

        23               TO READ THE WITNESS'S ANSWERS JEREMY

        24               COMPAGNA FROM MY OFFICE.  I WILL BE READING
 
                                                                             5




         1               THE QUESTIONS THAT WERE ASKED ORIGINALLY ON

         2               DIRECT EXAMINATION OF DR. LUDWIG AND I WILL

         3               ALSO BE ASKING MISS LEWIS' QUESTIONS THAT

         4               SHE ASKED ON CROSS-EXAMINATION.

         5                           THE COURT:  MISS LEWIS, YOU'RE

         6               GOING TO READ YOUR QUESTIONS?

         7                           MS. LEWIS:  NO, MR. SUTTON CAN

         8               DO IT.

         9                           THE COURT:  VERY GOOD.

        10                           MR. SUTTON:  I WILL DESIGNATE

        11               WHEN CROSS-EXAMINATIO