IN THE COURT OF COMMON PLEAS

                               FIRST JUDICIAL DISTRICT OF PENNSYLVANIA

                                         CIVIL TRIAL DIVISION

                                              -   -   -

                     TAMARAH L. HAYWOOD AND       : JANUARY TERM, 2002
                     GEORGE HAYWOOD               :
                                                  :
                                 VS.              :
                                                  :
                     KAREN M. LYONS, M.D., NOAM A.:
                     COHEN, M.D., JOHN FEEHERY,   :
                     M.D., AND TENET HEALTH       :
                     SYSTEMS, GRADUATE, L.L.C.,   :
                     A.K.A. GRADUATE HOSPITAL     :  NO. 1405

                                              -   -   -

                                   TESTIMONY OF FRANK MARLOWE, M.D.

                                            MARCH 9, 2004
                                       COURTROOM 650, CITY HALL
                                      PHILADEPHIA, PENNSYLVANIA

                                              -   -   -

                     BEFORE:  HONORABLE SHELDON C. JELIN
                                              AND A JURY
 







                     APPEARANCES:



                                  JOSEPH CHAIKEN, ESQUIRE
                                  COUNSEL FOR THE PLAINTIFF



                                  SILVERMAN, BERNHEIM & VOGEL
                                  BY:  JOHN PUMPHREY, ESQUIRE
                                  COUNSEL FOR THE DEFENDANT
                                  DR. KAREN LYONS



                                  POST & SCHELL, P.C.
                                  BY:  SHARON REISS, ESQUIRE
                                  COUNSEL FOR DEFENDANT
                                  DR. NOAM COHEN



















                                  GEORGE D'ANGELIS, R.P.R.
                                  OFFICIAL COURT REPORTER
                                  COURT OF COMMON PLEAS
 







                                              I_N_D_E_X
                                              _ _ _ _ _



                     WITNESSES:
                     _________ 
                                         DIRECT  CROSS   REDIRECT   RECROSS

                       DR. FRANK MARLOWE   5       11
                                          14
                                                                              4





         1

         2                            MORNING_SESSION
                                      _______ _______

         3

         4

         5                        (THE FOLLOWING TRANSPIRED IN OPEN

         6                  COURT IN THE PRESENCE OF THE JURY:)

         7                              THE COURT:  LADIES AND

         8                  GENTLEMEN, THE PLAINTIFF STILL HAS ONE

         9                  WITNESS TO PRESENT IN THE PLAINTIFF'S CASE.

        10                  HOWEVER, THE DEFENDANT HAS THEIR DOCTOR IN

        11                  COURT AND IN ORDER TO MAKE SURE THAT

        12                  EVERYBODY IS HEARD, WE ARE GOING TO TAKE A

        13                  WITNESS OUT OF TURN.  SO, THE NEXT WITNESS

        14                  THAT IS GOING TO BE CALLED IS THE

        15                  DEFENDANT'S EXPERT WITNESS AND THEN

        16                  TOMORROW WE WILL CONTINUE WITH THE

        17                  PLAINTIFF'S CASE.  BUT I WANTED TO DO THIS

        18                  BECAUSE THE DOCTOR HAS OTHER COMMITMENTS

        19                  TOMORROW.  SO WE ARE GOING TO TRY TO GET

        20                  HIS TESTIMONY IN NOW.  THANK YOU.

        21                        COUNSEL, YOU MAY PROCEED.  YOU MAY

        22                  CALL YOUR WITNESS AT THIS TIME.

        23                              MR. PUMPHREY:  YOUR HONOR, I

        24                  CALL DR. FRANK MARLOWE.

        25                              COURT CRIER:  PLACE YOUR RIGHT
                                                                              5





         1                  HAND ON THE BIBLE.  PLEASE STATE YOUR FULL

         2                  NAME.

         3                              THE WITNESS:  FRANK MARLOWE.

         4                              COURT CRIER:  DO YOU SWEAR THAT

         5                  YOU WILL ANSWER TRUTHFULLY ALL QUESTIONS

         6                  PUT TO YOU TOUCHING THE MATTER NOW BEFORE

         7                  THIS COURT SO HELP YOU GOD?

         8                              THE WITNESS:   I DO.

         9                              THE COURT:  YOU MAY INQUIRE,

        10