1 The State of Ohio,

1 SS:
2 County of Cuyahoga.:

3
IN THE COURT OF COMMON PLEAS
4

5 JOHN MARCUS WALKER, et al.,
 plaintiffso
6
Vs,
7
EUCLID GENERAL HOSPITALp
8 et al.
 defendants. 1
9

10

11 Deposition of a

12 witness hereinp called by the Defendants Dr. Bullard

13 and Dr. Lee, via videotape and court reporter, for the

14 purpose of direct examination$ pursuant to the Ohio

15 Rules of Civil Proceduref taken before

16 Janice L. Andrews, a Registered Professional Reporterr

17 a Notary Public within and for the State of Ohio, at

18 the mt.  Sinai medical Centerp One Mt.  Sinai Drive,

19 Cleveland, Ohior on Wednesday, the 31st day of May,

20 1989, commencing at 1100 a.m.r pursuant to agreement.

21 - - - - -

2 2

23

2 4

2 5


COMPUTERIZED TRANSCRIPTION - MARIDIAN COURT REPORTERS - 566-1118

2
3 Eric R. Kennedy# Esq.,
4 Weisman, Goldberg, Weisman & Kaufman
5 540 Leader Building
6 Clevelandy Ohio 44114.
7 - - - - -
8
9
10 William D. Bonezzi, Esq.#
11 Jacobson, Maynardo Tuschman & Kalur
12 1301 E. 9th Street,
13 Clevelandp Ohio 44114.
14 - - - - -
15
16 James L. McCrystalp Jr.p Esq.,
17 Weston, Hurdp Fallon, Paisley & Howley
18 2500 Terminal Tower
19 Cleveland, Ohio 44113.
20 - - - - -
21
2 2
23 Also present:
2 4 Lawrence Powersp Esq.,
2 5 Barry D. Hersch# Videotape Technician

COMPUTERIZED TRANSCRIPTION - MARIDIAN COURT REPORTERS 566-1118
3


2
3
4
5
6
7 Direct Examination by Mr. Bonezzi  5
6
9 Cross-examination by Mr. Kennedy  44
10
11 Cross-examination by Mr. McCrystal  Si
12
13 Recross-examination by Mr. Kennedy  110
14
15 Recross-examination by Mr. McCryetal  114
16
17 Further recross-examination by Mr. Kennedy  115
18
19
20 - - - - -
21
2 2
23
2 4
25

COMPUTERIZED TRANSCRIPTION - MARIDIAN COURT REPORTERS 566-1118
4




2 of lawful age, a witness hereinr called for direct

3 examination by the Defendants Dr. Bullard and Dr. Lee,

4 as provided by the Ohio Rules of Civil Procedure#

5 being by me first duly sworn, as hereinafter

6 certified, was examined and testifies as follows:

7 - - - - -

8 MR. BONEZZI: Let the record

9 reflect that this is the deposition of Phillip Lernerr

10 M.D. and it's being taken in the case of John Marcus

11 Walker, et al., Plaintiffs versus Kevin Leep M.D.,

12 et al.r Defendants.

13 Before we begin, gentlemen, can we

14 agree that we can waive the filing requirement

15 relative to this transcript --

16 MR. KENNEDY: Yes.

17 MR. BONEZZI: -- the videotape

18 tape?

19 MR. McCRYSTAL: Yes.

20 MR. BONEZZI: And that any

21 formalities that have not been undertaken at this

22 point are hereby waived?

23 MR.  KENNEDY: Yes.

2 4 MR. McCRYSTAL: Yes.

25 MR. BONEZZI: Okay.


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5


2
3
4 Q. Would you please state your full name and
5 professional address for the recorde please.
6 A. Phillip Irwin Lerner. My offices are here at
7 the Mt. Sinai Medical Center.
8 Q. And your profession?
9 A. I'm a physician specializing in infectious
10 diseases, this is a branch of internal medicine.
11 Q. How long have you been here at Mt.  Sinair
12 Doctor?
13 A. 16 years.
14 Q. Commencing whent 1973?
15 A. July of 173.
16 Q* At my request did you review material associated
17 with the confinement of John Walkerp Plaintiff, during
18 the period of time, October 29thr 1983 up through and
19 including, I believe November 14th, 1983?
20 A. Yes, I did.
21 0. Were those records which I provided to you
22 sufficient to allow you to reach a conclusion based
23 upon a reasonable medical probability pertaining to
24 the care and treatment of John Walker?
25 A. Yes.

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1 Q. Did you ultimately arrive at a conclusion?
2 A. Yea, I did.
3 Q. Doctorg what was that conclusion?
4 MR. McCRYSTALt Objection.
5 A. With regard to the issue relating to the loss of
6 this patient's hearing, it was my feeling that the
7 drug Neomycin was responsible for that event.
8 0. Doctorr would you be kind enough to go through
9 your educational background for us, please, and why
10 don't you start with where you went to medical school.
11 A. I'm a graduate of the medical school in this
12 city, which was then called Western Reserve
13 University, in 1958; and then I went to Boston for
14 postgraduate training, two years at the Beth Israel
15 Hospitall and then an additional three years at the
16 New England Medical Center, which is part of Tufts;
17 and then I returned to Cleveland in 166, I was across
18 the street at the V.A. Hospital for seven years before
19 I came over here.
20 Q. What were you practicing in while over at the
21 V.A.?
22 A. Also infectious diseases.
23 Q. Doctor, would you be kind enough to explain what
24 the specialty or subspecialty of infectious disease
25 happens to involve and what it is.

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