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IN ''hL COULC1' GF COM,@1014 PLEAS
OF CUYAHUGA COUIiTY, OLIO


CHARLES E SMITH, CASE # 69373
et al,
Deposition of DR@_,-4-RK MAY
Plaintif f
Filed on Behalf pf the
VS Plaintiff, Charles E Smith

SOUTHWEST GENERAL HOSPITAL, Counsel of Record for
et al, This Party:

Defendant R Eric Kennedy, Esq

Weisman, Goldb rg, Weisman
& Kaufman Co, LPA
540 Leader Bui ding
Cleveland, Ohio 44 14








Powers and Garrison
The Court F openers
Suite 610, Mar or Complex
Pittsburgh, Pennsyh,iania 15219
Phone: (412) 2d3-2088
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LAWYER'S NOTES
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3 DEPOSITION OF DR MARK MA

4 a witness herein, called by the Plaintif for

5 examination, taken pursuant to the Penns lVan a

6 Rules of Civil Procedure, by and before Barba a D

7 Bombara, a Court Reporter and a Notary Public in and

8 for the Commonwealth of Pennsylvania, at the ffices

9 of Dr Mark May, Shadyside Hospitalt 510 Aike

10 Avenue, Pittsburgh, Pa, on Wednesday, Februa y 10,

11 1988, at 6:00 pm

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1 4

1 5
COUNSEL PRESENT:
16
For the Plaintiff:
1 7
Weisman, Goldberg, Weisman & Ka fman
18 Co, LPA
by R Eric Kennedy, Esq
19

20 For the Defendant:

21 Reminger & Reminger Co, L PA
by Leslie J Spisak, Esq
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23

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POWERS & GARRISON
PHONK (412) 26320813

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3 P R 0 C E E D I N G S

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5 MR KENNEDY: Let the rec rd r flect

6 that this is the 26B-4D deposition of de ense

7 expert Dr mark may, and that it is bein tak n

8 pursuant to an agreement of counsel that all defects

9 of service are hereby waived

10 is that agreeable?

11 MR SPISAK: Yes  I don' kno that

12 it necessarily applies, but it's agreeab e to

13 whatever extent it does apply in a disco ery

14 deposition

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16 DR, MARK MAY

17 a witness herein, having been first duly swori, was

18 examined and testified as follows:

19 DIRECT EXAMINATIO

20 BY MR, KENNEDY:

21 Q Would you please state your full na e

22 A Mark may

23 Q And your professional address?

24 A 510 South Aiken Avenue, Suite 10,

25 Pittsburgh 15232



POWERS & GARRISON
PHONE (412) 263-2088

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Dr may - Direct

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3 Q And your specialty is what?

4 A Otolaryngology/head-neck surgery

5 Q I'm not going to go into that uch etail

6 on your background, treating, your crede tial , and

7 every detail Can you tell me where you went to

8 medical school?

9 A Hahnemann University in Philad lphi

10 Q And your residency was where?

11 A The Medical College of Virgini in

12 Richmond

13 Q And a fellowship, did you serv a

14 fellowship?

15 A Washington University, St Lou S

16 Q The fellowship is what area?

17 A Head-neck cancer

18 Q And from your fellowship to th pre ent,

19 can you just briefly tell me where you'v bee

20 professionally?

21 A I've spent six years on the te ahin staff

22 at Washington University as a full-time

23 academician  From 1974 until present I ove een in

24 Pittsburgh for six years in private prac ice ith a

25 group doing all my work at the universit as a


POWERS & GARRISON
PHONKI (412) 263-2088

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Dr may - Direct

2 - - - - -

3 clinical faculty member

4 In the last six years I've bee in rivate

5 practice on my own, and in the last six orith 1

6 have been based here at Shadyside Hospit 1

7 Q Doctor, you've been asked to r view the

8 case of Charles Smith by Mr Leslie Spis k?

9 A Yes

10 Q Now, I'm going to ask you a se ies f

11 questions about your opinions and about ome @asic

12 medical principles with respect to the C arle Smith

13 case

14 If you don't understand my que tion

15 because I failed to use the proper termi olog or

16 failed to properly articulate, please do It a swer

17 any questions that you do not understand is that

18 agreeable?

19 A Yes

20 Q If for some reason you're not ortain that

21 you heard the question, again, don't ans er any

22 questions you're not sure that you hear Okay?

23 A Yes

24 Q We know that this case involve a

25 stapedectomy procedure; is that correct?


POWERS & GARRISON
PHONE, (412) 263-2088

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Dr may - Direct

2 -----

3 A  Yes

4 Q Can you tell me just quickly what a

5 stapedectomy procedure is?

6 A It is removing a fixed bone in the  iddle

7 ear and replacing it with some type of p osth sis

8 connecting the eardrum to the inner ear

9 Q Now, a stapedectomy, would I b cor@ect in

10 saying that that would be a surgical pro edur  that

11 would involve some surgical manipulation or w rk in

12 the middle ear in the area of the facial nerv ?

13 A Yes

14 Q We agree that the facial nerve is a@ risk

15 during this operative procedure, that be@ng a

16 stapedectomy?

17 A  Yes

18 Q Can we agree that the third m