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         1
                                IN THE COURT OF COMMON PLEAS
         2
                          FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
         3
                                    CIVIL TRIAL DIVISION
         4
                                         -   -   -
         5
                  THOMAS C. DAY AND JOANNE DAY      : JULY TERM, 1998
         6                                          :
                         VS.                        :
         7                                          :
                  GERALD SCHARF, D.O.,              :
         8        HAHNEMANN NORTHEAST MEDICAL       :
                  CENTER, PHILADELPHIA              :
         9        CARDIOLOGY ASSOCIATES,            :
                  THE MEDICAL COLLEGE OF            :
        10        PENNSYLVANIA AND HAHNEMANN        :
                  UNIVERSITY, ALLEGHENY UNIVERSITY  :
        11        OF THE HEALTH SCIENCES,           :
                  ALLEGHENY HEALTH, EDUCATION       :
        12        AND RESEARCH FOUNDATION,          :
                  ALLEGHENY UNIVERSITY HOSPITALS    :
        13        AND HAHNEMANN UNIVERSITY HOSPITAL : 1643

        14                               -   -   -

        15                            DECEMBER 5, 2001
                                  COURTROOM 253, CITY HALL
        16                       PHILADELPHIA, PENNSYLVANIA

        17                               -   -   -

        18        BEFORE:  HONORABLE VICTOR J. DI NUBILE, J.
                                         AND A JURY
        19

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         3        APPEARANCES:

         4

         5                     SALTZ, MONGELUZZI, BARRETT &
                               BENDESKY, P.C.
         6                     BY:  MICHAEL F. BARRETT, ESQUIRE
                               FOR THE PLAINTIFFS
         7

         8
                               MC KISSOCK & HOFFMAN, P.C.
         9                     BY:  JOHN A. FILORETO, ESQUIRE
                               FOR THE DEFENDANTS
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        20
                               GEORGE D'ANGELIS, ESQUIRE
        21                     OFFICIAL COURT REPORTER
                               COURT OF COMMON PLEAS
        22

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                                         I_N_D_E_X
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                  WITNESSES:
                  _________ 
         5
                                      DIRECT  CROSS  REDIRECT  RECROSS
         6
                  WILFREDO TALAVERA            109      191      202
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                                                                            84




         1                           (THE FOLLOWING TRANSPIRED IN

         2               OPEN COURT IN THE PRESENCE OF THE JURY:)

         3        BY MR. BARRETT:

         4        Q.     DID HE HAVE AN INFECTION IN HIS STERNUM?

         5        A.     YES, HE DID.

         6        Q.     WOULD YOU EXPLAIN THE TYPE OF INFECTION

         7        THAT HE DEVELOPED IN HIS STERNUM?

         8        A.     HE HAD SEVERAL ORGANISMS IDENTIFIED.  ONE

         9        WAS A KLEBSIELLA INFECTION, KLEBSIELLA PNEUMONIA,

        10        WHICH IS THE NAME OF THE ORGANISM, NOT THAT HE HAD

        11        PNEUMONIA.  E. COLI, ANOTHER ORGANISM, AND WHAT WE

        12        CALL MERCER OR METHECYLINE RESISTANT

        13        STAPHYLOCOCCAL AUREUS WHICH IS A VERY SEVERE,

        14        USUALLY A HOSPITAL ACQUIRED INFECTION.

        15        Q.     I TRUST THESE ARE NOT GOOD THINGS?

        16        A.     ACTUALLY, THOSE THREE ORGANISMS ARE

        17        TYPICALLY ORGANISMS THAT ARE ACQUIRED IN THE

        18        HOSPITAL.  THEY ARE GENERALLY NOT FREQUENTLY FOUND

        19        OUT IN THE COMMUNITY AND THEY OFTEN REQUIRE

        20        SEVERAL WEEKS OF ANTIBIOTIC THERAPY.  THE MERCER

        21        OR METHYCYLINE RESISTANT STAPPYLOCOCCAL AUREUS IS

        22        AN ORGANISM THAT IS VERY RESISTANT TO A LOT OF

        23        ANTIBIOTICS AND OFTEN