)-71C)CX9)



2 THE STATE OF OHIO,
SS:
3 COUNTY OF CUYAHOGA.)

4

5 IN THE COURT OF COMMON PLEAS

MARIA FRANCESCA
6 BEDNARIK, et al.,

7 Plaintiffs,

B VS. Case No 108995

9 HOWARD JACOBSf M.D.f Robert Lawther, J.
et al.,
10
Defendants.
11

12

13 DEPOSITION OF DR.  ELLIOT S. H RSCHER

14 MONDAYf DECEMBER 15o 19 6

15

16 Deposition of Dr. Elliot S. Hersc@ er, a

witness called for examination by the Plaintiff
17
under the Ohio Rules of Civil Procedurep taken
18
beiore me, Richard G. Dellionico, a Registered
19
Professional Reporter and Notary Public within
20
and for the State of Ohio, pursuant to notice,
21 at 33001 Solon Road, Solon, Ohiop commencing
22

23 at 8':30 p.m. the day and date above set forth

24

25

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2

2 APPEARANCES:

3 On behalf of the Plaintiffs:

4 -HOWARD D. MISHKINDp ESQ.
Weisman, Goldberg, Weisman & Kauf an
5 540 Leader Building
Cleveland, Ohio 4 4 1 1 4
6

7 On behalf of the Defendants:

8 MARC W. GROEDEL, ESQ.
Reminger & Reminger
9 The 113 Building
Clevelandt Ohio 4 4 1 1 4
10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

3
1 ELLIOT S. HERSCHER, M.D.

2 of lawful age, called as a witness by tie Plaintiff

3 pursuant to the Ohio Rules of Civil Procedure,

4 being by me f irst duly sworn, as herein f ter

5 certified, deposed and said as follows:

6 CROSS EXAMINATION

7 BY MR.  MISHKIND:

8 Q. Doctor, you have been previously worn in

9 so I will not go through that procedure with you.

10 You have heard the testimony of your pa tner, Dr.

11 Jacobs so you are somewhat familiar wit the

12 scope of the questioning, are you not?

13 A. Yes, I am.

14 Q. Would you first, for the record, ell us

15 who you are?

16 A. Elliot S. Herscher.

17 Q. And you are a pediatrician?

18 A. Pediatrician.

19 Q. And do you happen to have a curri ulum

20 vitae?

21 A. Not available, I am sorry.

22 Q. Where did you go to medical schoo r sir?

23 A. Penn State University.

24 Q. You graduated in what year?

25 A. 1978.



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4
1 And where did you do your post-graduate

2 training?

3 A. At Rainbow Babies and Children as an intern

4 for a year and then two years of pediatric

5 residency.

6 Q. And you are currently in private practice

7 here in Solon?

8 A. Yes.

9 Q. And have been in private practice since

10 what, about 1981?

11 A. Yes, July of 1 9 81

12 Q. And are you Board certif ied, doct )r?

13 A. Yes, I am.

14 Q. Do you have any speciality in ped atrics?

15 A. General pediatrics.

16 Q. And your age is what?

17 A. I am 34, which I can say for a cojple

18 weeks.

19 Q. Doctor, in connection with the de.:)osition

20 today, other than reviewing the office :ecord,

21 did you consult any literature?

22 A. No. I considered consulting lite:ature but

23 never really bothered doing it.

24 Q. Do you consider Nelson's on pedia@rics to

25 be an authoritative text in the area?



----------------

5
1 MR. GROEDEL:  Objectio Go

2 ahead.

3 A. It is an authoritative text.  If ou mean

4 is it the authoritative text, I don't t ink any

5 such thing exists.

6 Q. Do you consider Nelson's to be a ood

7 source of information?

8 A. It is a good source of informatio , yes.

9 Q. And you refer to it from time to ime?

10 A. Yes.

11 Q. And have you referred to it from ime to

12 time in connection with basic informati n on the

13 diagnosis and treatment of meningitis?

14 A. Not for years. Basic information on the

15 diagnosis and treatment of meningitis s ould be

16 the repertoire of any pediatrician. I aven't

17 had to refer to that for years.

18 Q. But you certainly, in your practi e,

19 recognize that there are constantly new thoughts

20 being passed around in the medical comm nity and

21 constantly new ideas being disseminated in the

22 literature?

23 A. Sure there are.  Nelson's probabl wouldn't

24 be a very good place to find those.

25 Q. What do you consider to be your r ference



 ----------------------- L --------

6
1 with regard to information in the diagnosis of

2 and treatment of any diseases?  Do you ave a

3 sour ce that y ou r egul arly ref er to?

4 A. Well, that depends for things that one

5 doesn't single out one -- that's a wrong way to

6 put it. That one doesn't worry about seeing a

7 lot, for example, you don' t see meningi -is a lot

8 but it is something you have to think a)out every

9 day in practice.  So in that sense you ;ee it a

10 lot. You need to think about it a lot. But

11 things that you don't need to think a lot about

12 are cysts, Nelson' s is a good place to look f or

13 information.

14 Things that you see more frequent-y, that

15 you have to think about more f requently it is

16 not the greatest place because it is go Lng to say

17 the same old thing you already know. I think if

18 you would want something more up-to-dat@ we tend

19 to learn things through continuing medi,,al

2