1




         1

         2                      IN THE COURT OF COMMON PLEAS

         3                FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

         4                          CIVIL TRIAL DIVISION

         5                                -  -  -

         6        ALICIA DE SIMONE, A MINOR, BY : DEC. TERM, '98
                  THE PARENTS AND NATURAL
         7        GUARDIANS, JOHN AND
                  DONNA DE SIMONE
         8                 VS.

         9        NORMAN I. QUINN, JR., M.D.    :  NO. 2977
                         AND
        10        MARY ANNE GAZDICK, M.D.,
                  GREGG A. SONSINI, M.D. AND
        11        PEDIATRICS ASSOCIATES OF
                  PLYMOUTH, INC.
        12
                                          -  -  -
        13
                                       APRIL 16, 2001
        14                     TESTIMONY OF JOHN SHANE, M.D.
                                        A.M. SESSION
        15
                                          -  -  -
        16
                                  COURTROOM 253, CITY HALL
        17                       PHILADELPHIA, PENNSYLVANIA

        18                                -  -  -

        19        BEFORE:  HONORABLE VICTOR J. DI NUBILE, J.

        20

        21
                               GEORGE D'ANGELIS, R.P.R.
        22                     OFFICIAL COURT REPORTER

        23

        24
 
                                                                             2




         1

         2
                  APPEARANCES:
         3

         4                     BY:  BARTON A. HAINES, ESQUIRE
                               COUNSEL FOR THE PLAINTIFFS
         5

         6
                               POST AND SCHELL, P.C.
         7                     BY:  ANDRE WASHINGTON, ESQUIRE,
                               COUNSEL FOR THE DEFENDANTS
         8

         9

        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24
 
                                                                             3




         1
                                        INDEX
                                        _____
         2

         3        WITNESSES:
                  _________ 
                                     DIRECT   CROSS   REDIRECT  RECROSS
         4
                  JOHN SHANE, M.D.     13       27      81        84
         5                             31       57

         6

         7

         8

         9

        10

        11

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24
 
                                                                             4




         1

         2                         MORNING_SESSION
                                   _______ _______

         3

         4

         5                     (WHEREUPON, THE FOLLOWING TOOK PLACE

         6               IN OPEN COURT, OUT OF THE PRESENCE OF THE

         7               JURY:)

         8                           THE COURT:  MR. WASHINGTON.

         9                           MR. WASHINGTON:  THERE IS ONE

        10               MATTER I BELIEVE THAT WOULD BE APPROPRIATE

        11               TO TAKE CARE OF AT THIS POINT, YOUR HONOR.

        12               MR. HAINES FAXED ME A LETTER ON THURSDAY

        13               AFTERNOON ABOUT THE NURSES THAT I INTEND TO

        14               CALL AT THE TIME OF TRIAL.  THOSE NURSES

        15               WOULD BE PERSONS WHO HAD BEEN IDENTIFIED OR

        16               REFERRED TO IN THE MEDICAL RECORDS AT

        17               SACRED HEART HOSPITAL.  THOSE NURSES WERE

        18               NOT INCLUDED IN MY LIST OF NAMES ON THE

        19               PRETRIAL MEMORANDUM THAT I PRESENTED TO THE

        20               COURT.  MAYBE A LITTLE HISTORY IS IMPORTANT

        21               HERE.  SACRED HEART HOSPITAL -- WHEN THIS

        22               CASE WAS FILED WAS DECEMBER 1998.  SACRED

        23               HEART HOSPITAL HAD ALREADY BEEN CLOSED BY

        24               THAT TIME THREE, FOUR YEARS.  BY THE TIME
 
                                                                             5




         1               THE DEPOSITIONS BEGAN TO TAKE PLACE AND IT

         2               BECAME APPARENT THAT THE FOCUS WAS ON THESE

         3               PEDIATRICIANS AND THAT THE SACRED HEART

         4               HOSPITAL RECORDS AND THE NURSES WOULD BE