1




         1

         2                      IN THE COURT OF COMMON PLEAS

         3                FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

         4                          CIVIL TRIAL DIVISION

         5                                -  -  -

         6        SUSAN GREINER, ADMINISTRATRIX : DEC. TERM, 1998
                  OF THE ESTATE OF WALTER GREINER, DEC'D
         7
                           VS.
         8
                  YOUNG C. KAUH, M.D.           : NO. 1054
         9               AND
                  JEFFERSON DERMATOLOGY ASSOCIATES,
        10        THOMAS JEFFERSON UNIVERSITY

        11

        12                                -  -  -

        13                             MARCH 21, 2001

        14                    TESTIMONY OF DONALD MILLER, M.D.
                                          -  -  -
        15
                                  COURTROOM 253, CITY HALL
        16                       PHILADELPHIA, PENNSYLVANIA

        17                                -  -  -

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

        19

        20

        21

        22                     GEORGE D'ANGELIS, R.P.R.
                               OFFICIAL COURT REPORTER
        23

        24
 
                                                                             2




         1

         2
                  APPEARANCES:
         3

         4                     LAW FIRM:  KLINE AND SPECTER
                               BY:  THOMAS R. KLINE, ESQUIRE
         5                     ROBERT ROSS, ESQUIRE
                               COUNSEL FOR THE PLAINTIFFS
         6

         7                     LAW FIRM:  O'BRIEN AND RYAN
                               BY:  DANIEL F. RYAN III, ESQUIRE,
         8                     MARSHALL SCHWARTZ, ESQUIRE
                               COUNSEL FOR DR. KAUH
         9

        10                     LAW FIRM:  POST AND SCHELL
                               BY:  DONALD CAMHI, ESQUIRE,
        11                     COUNSEL FOR THOMAS JEFFERSON UNIVERSITY

        12

        13

        14

        15

        16

        17

        18

        19

        20

        21

        22

        23

        24
 
                                                                             3




         1

         2
                                        INDEX
                                        _____
         3

         4        WITNESSES:
                  _________ 
                                             DIRECT     CROSS
         5
                    DONALD MILLER, M.D.        12        32
         6                                     52        72

         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. ROSS, RESTATE

         9               YOUR FIRST CONTENTION.

        10                           MR. ROSS:  I BELIEVE THE FIRST

        11               STATEMENT THAT I REFERRED TO THAT WAS MADE

        12               DURING THE OPENINGS HAD TO DO WITH A

        13               COMMENT MADE THAT THIS PATIENT HAD TO HAVE

        14               HAD METASTATIC DISEASE PRIOR TO SHOWING UP

        15               AT DR. KAUH'S OFFICE IN 1993.

        16                           THE COURT:  I THINK WHAT THIS

        17               REPORT SAYS IS THAT IF HE HAD METASTATIC

        18               DISEASE IT WOULD HAVE MADE NO DIFFERENCE.

        19               IF HE DIDN'T HAVE IT AND GOT IT LATER THEN

        20               AGAIN EITHER WAY DR. KAUH'S TREATMENT HAD

        21               NO BEARING.  SO I WILL PERMIT THAT.

        22                           MR. ROSS:  CAN I COMMENT ON

        23               THAT, JUDGE?

        24                           THE COURT:  I UNDERSTAND YOUR
 
                                                                             5




         1               ARGUMENTS AND GIVE WIDE LATITUDE IN THE

         2               REPORTS, BUT I THINK HE HAS A RIGHT AND I

         3               AM NOT REALLY SURE JUST EXACTLY WHAT DR.