019-7-3

1 State of Ohio,
S S
2 County of Hamilton.

3

4 IN THE COURT OF COMMON PLEAS

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6 Carla Denise Zweigart, et al.,

-7 Plaintiffs,
Case No. A84 09606
8 VS.

9 Theodore W. Striker, M.D.,
et al.,
10
Defendants.
11


13 DEPOSITION OF SAMUEL J. HORWITZ, M.D.

14 FRIDAY, APRIL 6, 1990

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16 The deposition of Samuel J. Horwitz, M.D , a witness

17 herein, called by the Defendants for exa ination

18 under the Ohio Rules of Civil Procedure, taken

19 before me, Ivy J. Gantverg, Registered P ofessional

20 Reporter and Notary Public in and for th State of

21 Ohio, by agreement of counsel and withou further

22 notice or other legal formalities, at Ra nbow Babies

23 and Childrens Hospital, 2074 Abington Ro d,

24 Cleveland, Ohio, commencing at 5:00 p.m. on the day

25 and date above set forth.


MORSE, GANTVERG & HODGE

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1 APPEARANCES:

2 On behalf of the Plaintiffs:

3 Howard D. Mishkind, Esq.
Weisman, Goldberg, Weisman & Kaufnan
4 1600 Midland Building
Cleveland, Ohio 44115
5
On behalf of Defendant Theodore W. Striker, M.D.:
6
Donald W. Darby, Esq.
7 Jacobson, Maynard, Tuschman & Kalur
2240 Meidinger Tower
8 Louisville Galleria
Louisville, Kentucky 40202
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MORSE, GANTVERG HODGE

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1 (Thereupon, Defendants' Exhibit 1

2 (Horwitz) was marked for identification.)

3 SAMUEL J. HORWITZ, M.D.

4 a witness herein, called by the defendants for

5 examination under the Rules, having been first duly

6 sworn, as hereinafter certified, was deposed and

7 said as follows:

8 CROSS EXAMINATION

9 BY MR. DARBY:

10 Q. Doctor, would you state your full name for

11 the record, please?

12 A. My name is Samuel J. Horwitz.

13 Q. And you practice the specialty of pediatric

14 neurology?

15 A. That is correct.

16 Q. At Rainbow Children and Infants, Children and

17 Babies?

18 A. Rainbow Babies and Childrens Hospital.

19 Q. In Cleveland.

20 And do you hold any administrative function

21 with the hospital, chairman of the department?

22 A. I am chief of the division of child

23 neurology.

24 Q- And you have graciously provided is with your

25 curriculum vitae, which we will make Exhibit 1 to


MORSE, GANTVERG & HODGE
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1 the deposition, and for the purposes of your
2 qualifications, we will stipulate them, I am not
3 going to go into that, it is an exhibit to the
4 deposition.
5 Doctor, you have agreed to consult with
6 Mr. Mishkind on behalf of his client, Michael
7 Zweigart, in a case against my client, Dr. Theodore
8 Striker, an anesthesiologist in Cincinnati; is that
9 correct?
10 A. Yes.
11 MR. MISHKIND: Let me interject just
12 at this point, to try to save you some time.
13 So that you are aware, and I think it
14 is pretty obvious from his report, the doctor
15 is not going to be testifying as to the
16 standard of care in the area of issues
17 relating to the anesthesia care. His
18 testimony is limited to that relative to the
19 pediatric neurology issues in this case, pre
20 and postop, just so you are aware.
21 MR. DARBY: Okay, that is great, that
22 will eliminate a series of questions.
23 BY MR. DARBY:
24 Q. Doctor, what information have you been
25 provided to date in order to render whatever

MORSE, GANTVERG & HODGE
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1 opinions you are going to render today?

2 A. I can find the exact, but what I was given

3 was the birth record, the physician in the original

4 town, Dr. Yunker, I think.

5 Q. Yunker, that is right.

6 A. And records from Lexington, Kentucky, from

7 the medical center there, including records from the

8 neurology division, Dr. Bowman, regarding the lung

9 surgery that he had.

10 All right.

11 MR. MISHKIND: I am not sure, did you

12 want him to tell you everything that he has

13 considered?  I am not sure whethe7 he is

14 done.

15 (Continuing) Let me ask it this w y, because

16 1 want to know that information, but I think I

17 already do, but I just want to be careful with it,

18 you issued two written reports in this case?

19 A. Yes.

20 Correct.

21 And that has been the extent of t@Le written

22 reports you have issued?

23 A. Yes.

24 Q. In your first report which is dated February

25 8th, 1989 to Mr. Mishkind, you outlined seven pieces


MORSE, GANTVERG & HODGE
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1 of information that you were provided.

2 Does that accurately reflect what you had at

3 the time?

4 A. That accurately reflects what I had at the

5 time .

6 Q. And you issued a supplemental rep r ate

7 August 8th, 1989 indicating that you had been given

8 some materials from Childrens Hospital, and some

9 from the Brookside home.

10 Were you given anything in additiDn to what

11 you reflect in your correspondence?

12 A. Since that time?

13 Q. Yes, since that time.

14 A. I was given a report from Upjohn.

15