1 in the circuit court of the 11th judicial circuit - American Association ...

1
1 IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
2 COUNTY, FLORIDA
3 GENERAL JURISDICTION DIVISION
4 CASE NO. 00-9130 (CA-04)
5
6 MICHAEL FOX, :
:
7 Plaintiff, :
:
8 vs. :
:
9 SOUTH DADE HEALTHCARE GROUP, LTD., d/b/a:
DEERING HOSPITAL, ELLIOT N. LANG, M.D., :
10 SOUTH DADE ORTHOPAEDIC ASSOCIATES, INC.,:
a Florida corporation, LAWRENCE REITMAN,:
11 M.D., RIGHETTI, GREGG, REITMAN & NADEL :
RADIOLOGY ASSOCIATES, P.A., ROBERT :
12 CORDOBA, M.D., and ROBERT CORDOBA, M.D, :
P.A., :
13 :
Defendants. :
14 ________________________________________:
15
16
17
18
19
DEPOSITION OF ELLIOT LANG, M.D.
20 taken before Philip D. Rose, Court Reporter and
21 Notary Public in and for the State of Florida at
22 Large, at Suite 1110, 9350 South Dixie Highway,
23 Miami, Florida, on Wednesday, March 6th, 2002,
24 commencing at 4:00 p.m., pursuant to Re-Notice of
25 Taking Deposition Duces Tecum.
1 APPEARANCES:
2
2 LAW OFFICES OF ROBERT RUBENSTEIN
(BY MR. KENNETH SPIEGELMAN)
3 Suite 1110
9350 South Dixie Highway

4 Miami, Florida 33156
on behalf of the Plaintiff.
5
6 PARENTI, FALK, WAAS, HERNANDEZ & CORTINA
(BY MS. KHRISTEN S. VACHAL)
7 113 Almeria Avenue
Coral Gables, Florida 33134
8 on behalf of Defendant Deering Hospital.
9
MINTZER, SAROWITZ, ZERIS, LEDVA & MEYERS
10 (BY MS. NAOMI ZIMMERMAN)
Suite 1102, Douglas Center
11 2600 Douglas Road
Coral Gables, Florida 33134
12 on behalf of Defendant Cordoba.
13
GEORGE, HARTZ, LUNDEEN, FULMER,
14 JOHNSTONE, KING & STEVENS
(BY MS. STACEY MARGULIES)
15 (VIA TELEPHONE)
4800 LeJeune Road
16 Coral Gables, Florida 33146
on behalf of Defendant Reitman
17
18 STEPHENS, LYNN
(BY MS. LYNN AUDIE)
19 Penthouse II, Two Datran Center
9130 South Dadeland Boulevard
20 Miami, Florida 33156
on behalf of Defendant Lane.
21
22 I N D E X
23 WITNESS DIRECT CROSS REDIRECT RECROSS
24 ELLIOTT LANG, M.D.
25 By Mr. Spiegelman 4 --
1
2
3
4
5
By Ms. Vachal -- --
By Ms. Zimmerman -- --
By Ms. Margulies -- --
By Ms. Audie -- --
6 E X H I B I T S
7 PLAINTIFF'S FOR IDENTIFICATION PAGE
3

8 No. 1 - Chart 54
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1 Thereupon:
4
2 ELLIOT LANG, M.D.
3 after having been duly sworn, was examined and
4 testified as follows:
5 DIRECT EXAMINATION
6 BY MR. SPIEGELMAN:
7 Q. Doctor, tell me your name, please.
8 A. Elliot N. Lang.
9 Q. My name is Ken Spiegelman. I
10 represent Michael Fox. I'm going to take your

11 deposition today. Make sure you speak up nice and
12 loud. Miss Margulies, who represents Dr. Reitman,
13 is appearing by telephone.
14 If you don't understand one of my
15 questions, ask me to repeat it or rephrase it. If
16 I talk too fast, which I sometimes do, ask me to
17 slow down. If you need to take a break, tell me
18 and we will take a break.
19 If you need to refer to the records,
20 please let me know that you're doing that, and I
21 think that's pretty much it. You need to give
22 audible responses. I'm pretty sure you've given
23 depositions before, is that correct?
24 A. Yes.
25 Q. What is your occupation?
1 A. Orthopedic surgeon.
5
2 Q. How long have you been an orthopedic
3 surgeon?
4 A. 22 years.
5 Q. What is your professional address?
6 A. 9299 Southwest 152nd Street, Suite
7 103, Miami 33157.
8 Q. Are you part of a professional
9 association?
10 A. Yes.
11 Q. What's the name of it?
12 A. South Dade Orthopaedics.
13 Q. Are there any other medical doctors
14 who are part of that professional association?

15 A. Yes.
16 Q. Who are they?
17 A. Theodore Evans.
18 Q. Anyone else?
19 A. No.
20 Q. How long have you and Dr. Evans
21 worked together?
22 A. Since 1989.
23 Q. Was South Dade Orthopaedics in
24 existence in February of '99?
25 A. No.
6
1 Q. When did that professional entity --
2 when was that professional association created?
3 A. March of '99.
4 Q. So back at the time that you were
5 involved in the care of Michael Fox, were you part
6 of a professional association?
7 A. No, I was part of an incorporation.
8 Q. What was the name of the
9 incorporation?
10 A. South Dade Orthopaedics Inc., which
11 was owned a hundred percent by HealthSouth.
12 Q. HealthSouth what?
13 A. Corporation.
14 Q. HealthSouth Inc.?
15 A. I don't know. HealthSouth that owns
16 the hospitals.
17 Q. Who was your corporate attorney back

18 in February '99?
19 A. Stanley Kuperstein.
20 Q. Does he still do your corporate work?
21 A. Yes.
22 Q. Is he in Miami?
23 A. Yes.
24 Q. Were you an employee of South Dade
25 Orthopaedics Inc. in February 1999?
1 A. Yes.
7
2 Q. Were you an employee of HealthSouth
3 Inc. in February of 1999?
4 A. I don't know. I -- yes, they paid my
5 paycheck, so I'm assuming that I was, but I'm not
6 sure what the reality -- who I was an employee of,
7 if that meant that I was an employee of
8 HealthSouth or not.
9 Q. When you got your paycheck, it came
10 from HealthSouth?
11 A. Correct.
12 Q. From their bank?
13 A. Yes.
14 Q. Where did you go to college?
15 A. City College of New York.
16 Q. When did you graduate?
17 A. 1968.
18 Q. How old are you?
19 A. 56.
20 Q. Are you married?
21 A. Yes.

22 Q. Any children?
23 A. Three.
24 Q. How old are they?
25 A. 28, 21, 17.
8
1 Q. What did you get your college degree
2 in?
3 A. Chemical engineering.
4 Q. Did you graduate with honors?
5 A. Yes.
6 Q. Where did you go to medical school?
7 A. Temple, Philadelphia, PA.
8 Q. What year did you finish?
9 A. 1975.
10 Q. Were you in the service?
11 A. No.
12 Q. My understanding, there was a draft
13 then?
14 A. Yes.
15 Q. Did you avoid the draft?
16 A. I had been drafted for a job.
17 Q. Which was what?
18 A. I was a research chemical engineer
19 for a firm in Philadelphia.
20 Q. What year did you start medical
21 school?
22 A. 1972 -- '71.
23 Q. Got the medical degree in '75?
24 A. Correct.

25 Q. With honors?
1 A. I don't know. I don't think so.
9
2 Q. Where did you do your internship?
3 A. Temple University Hospital in
4 Philadelphia.
5 Q. Was that straight medicine?
6 A. No. Surgery.
7 Q. What years -- during what years did
8 you do your surgical internship?
9 A. '75, '76.
10 Q. Then you did a residency?
11 A. Yes.
12 Q. Where?
13 A. Hospital for Joint Diseases,
14 Manhattan.
15 Q. That was in orthopedic surgery?
16 A. Yes.
17 Q. When did you finish?
18 A. 1980.
19 Q. Did you ever serve as chief resident?
20 A. Yes.
21 Q. When?
22 A. 1979 to '80.
23 Q. Have you published anything?
24 A. Yes.
25 Q. How many articles?
1 A. Actually, just one.
10
2 Q. What's it about?
3 A. About radial artery abnormalities

4 with respect to the upper extremity.
5 Q. You mean the arm?
6 A. Yes.
7 Q. What's it published in, if I want to
8 look it up?
9 A. The -- I'm trying to think of the
10 exact term of the publication article. It's
11 basically the Hospital for Joint Diseases'
12 publication, but I can't think of what it's
13 called.
14 Q. How long ago is that when you wrote
15 this article?
16 A. '77 or something like that.
17 Q. Are you Board-certified?
18 A. Yes.
19 Q. In what specialty?
20 A. Orthopedic surgery.
21 Q. Did you pass your Board the first
22 time?
23 A. No.
24 Q. Okay. My understanding is you take a
25 written test and then an oral test.
1 A. Yes.
11
2 Q. When did you finally pass and become
3 Board-certified?
4 A. 1982.
5 Q. Okay. How many times did you have to
6 take the written test?

7 A. Well, you have to take both of them
8 each time you take the Board.
9 Q. Do you know which part you failed?
10 A. Yes, I failed the oral test and
11 passed the written test both times, failed the
12 oral test the first time, passed it the second.
13 Q. So it took two times for you to pass
14 the test?
15 A. Correct.
16 Q. You're licensed to practice in
17 Florida?
18 A. Yes.
19 Q. Since when?
20 A. 1980.
21 Q. Did you ever hold a medical license
22 in any other state?
23 A. New York.
24 Q. Do you still have a license in New
25 York?
1 A. No.
12
2 Q. Were you ever subject to a medical
3 negligence proceeding in New York?
4 A. No.
5 Q. How about in Pennsylvania?
6 A. No.
7 Q. Any other medical negligence case
8 brought against you in Florida other than this
9 one?
10 A. Yes.

11 Q. How many?
12 A. I think there were four. I don't
13 have a direct recall.
14 Q. Is that four other than this one --
15 A. I think ---
16 Q. (Continuing) -- or four including
17 this one?
18 A. I think there were four other than
19 this one.
20 Q. So five total?
21 A. Let me think about that for a minute.
22 Five total as far as I know.
23 Q. Are any of them still pending, other
24 than this one?
25 A. Not to my knowledge.
13
1 Q. Do you remember the details of any of
2 the other cases?
3 A. Some of them I do, yes.
4 Q. Did any of them go to trial?
5 A. Yes.
6 Q. How many?
7 A. One.
8 Q. What happened at the trial?
9 A. It was a defense verdict.
10 Q. Do you know who the plaintiff's
11 attorney was in that case?
12 A. I want to say Lyons, but I'm not
13 sure. It was about 12 years ago.

14 Q. Was that brought in Dade County?
15 A. Yes.
16 Q. What was the allegation in that case?
17 A. Malpractice with reference to a
18 compound upper extremity fracture.
19 MS. MARGULIES: I'm sorry, could you
20 repeat that?
21 MR. SPIEGELMAN: Malpractice in
22 regard to an upper extremity fracture.
23 THE WITNESS: Compound.
24 Q. (BY MR. SPIEGELMAN) The other cases,
25 what were the outcomes?
14
1 A. I'm trying to remember them. There
2 was one in 1980 -- '80 or '81.
3 It was a child with tibia vara that
4 underwent the surgical procedure and had a
5 complication of the surgery where there wasn't
6 sufficient correction. That was settled, and the
7 next one ---
8 Q. Hang on. The one -- the child with
9 tibia vara, do you know who the plaintiff's
10 attorney was?
11 A. No.
12 Q. Was there a lawsuit filed for that?
13 A. I don't know the legalities of it. I
14 would imagine there would have been if it was
15 settled, but I don't know that for a fact.
16 Q. What about the next one?
17 A. The next one was a tibial fracture

18 that had an external fixator placed. I'm trying
19 to think of exactly the details.
20 Q. Was a lawsuit filed for that one?
21 A. I believe -- again, I don't know for
22 sure. There was a settlement in the case, but I
23 don't know if there was a lawsuit filed.
24 Q. What about the other one?
25 A. Next one was a compound upper
15
1 extremity fracture which went to trial and had a
2 defense verdict.
3 Q. So two cases have gone to trial?
4 A. No.
5 Q. No, that was the one -- okay, I'm
6 sorry. What was the other one that didn't go to
7 trial?
8 A. A femur fracture. I'm trying to
9 remember where -- my partner was the surgeon, I
10 was the assistant and I was dropped from the case.
11 Q. Any other malpractice cases where
12 you've been a party that you can think of?
13 A. No.
14 Q. Have you ever served as an expert
15 witness in a malpractice case?
16 A. No.
17 Q. Have you ever given a deposition as
18 an expert in a malpractice case?
19 A. Including my own?
20 Q. Right.

21 A. No.
22 Q. I understand you do defense medical
23 examinations.
24 A. I do.
25 Q. About how many a year?
16
1 A. I do between two and three a week for
2 the times when I'm not teaching down at the
3 university, which is three or four months out of
4 the year.
5 Q. You teach three or four months out of
6 the year?
7 A. Yes.
8 Q. Where do you teach?
9 A. University of Miami School of
10 Medicine, Department of Orthopedics.
11 Q. Are you a professor, an adjunct
12 professor? Tell me about your position.
13 A. Assistant professor of orthopedics,
14 University of Miami.
15 Q. Where do you hold privileges?
16 A. Jackson Memorial Hospital, Baptist
17 Hospital, South Miami Hospital, Jackson South
18 Community Hospital.
19 Q. Which was Deering Hospital?
20 A. Used to be Deering Hospital, correct,
21 and Homestead Hospital.
22 Q. Did you review anything to prepare
23 yourself for today's deposition?
24 A. My chart.

25 Q. Did you bring it with you today?
17
1 A. Yes.
2 Q. Can I see it, please? Is there a
3 Witty, Green, Steiner, Lang & Evans, M.D.?
4 A. Yes. Well, there used to be.
5 Q. How long ago?
6 A. I honestly can't tell you. That was
7 our -- I don't know the legalities of it, but our
8 corporate name is South Dade Orthopaedics, and I
9 don't know what the other entity is in a legal
10 term. I don't know what the other entity is in
11 legal terms, but sometimes it's on our letterhead
12 and sometimes it's -- I don't know.
13 You'd have to ask our corporate
14 attorney about that, what the differential is.
15 Q. The reason I ask, there is some
16 documents in your chart that has the name Green,
17 Steiner, Lang & Evans. You no longer ---
18 A. That used to be our full group, but
19 Dr. Green retired in March '99, and Dr. Steiner
20 became disabled in November of '99, so I guess we
21 never changed the stamp.
22 Q. Are you owed any money by Michael
23 Fox?
24 A. I don't know.
25 Q. Who in your office would know that?
18
1 A. Probably my billing department.
2 Q. Who specifically? Is there a

3 specific person?
4 A. You can ask Maggie Diaz.
5 Q. Do you remember Michael Fox?
6 A. No.
7 Q. If you didn't have the chart, would
8 you have any knowledge of your involvement in
9 Michael Fox's care?
10 A. Yes.
11 Q. How?
12 A. I received a notice of being sued.
13 Q. I don't want to know about any
14 conversation you might have had with Ms. Audie or
15 anyone from her office or anyone from your
16 insurance carrier.
17 Have you spoken with anyone else,
18 however, about Michael Fox?
19 A. No.
20 Q. Have you spoken with any of the other
21 doctors who are parties to this lawsuit?
22 A. No.
23 Q. Have you spoken to anyone at Deering
24 Hospital about this matter?
25 A. No.
19
1 Q. As you sit here today, do you have
2 any independent recollection of Michael Fox?
3 A. No.
4 Q. As you sit here today, do you have
5 any independent recollection of any conversations
6 you might have had with Michael Fox?

7 A. No.
8 Q. Do you know if you in fact saw
9 Michael Fox while he was at the hospital on
10 February 5th, 1999?
11 A. Yes.
12 Q. How do you know that?
13 A. I wrote a note indicating my
14 examination of the patient.
15 Q. Where did you write the note?
16 A. At the hospital.
17 Q. Is this that note?
18 A. Yes.
19 Q. Would you give me the courtesy -- I
20 mean, your handwriting's better than mine, but
21 it's still somewhat -- it's pretty close, it's
22 somewhat illegible. Read me your note verbatim
23 into the record, please.
24 MS. AUDIE: But read it slowly.
25 THE WITNESS: You want me to
20
1 translate the abbreviations into what they mean?
2 MR. SPIEGELMAN: Yes.
3 THE WITNESS: "Black male pushing
4 car, knee gave way, question hip bumper/ground.
5 Complains of pain. Left knee X-ray, small chip
6 inferior tibial plateau, poor historian secondary
7 to medicine.
8 Physical examination: Complaints of
9 pain left knee, point tenderness medial lateral

10 plateau, patellar/femoral joint, question positive
11 draw but splinting. Hard to examine. No
12 effusion, full neurovascular, good dorsal pulse,
13 posterior tibial pulse, sensation intact.
14 Impression, old versus new chip
15 fracture tibial plateau, rule out ACL, new/old.
16 Recommendation: Splint, follow-up office 24
17 hours."
18 Q. Did you ever recommend that Michael
19 Fox be admitted to the hospital?
20 A. No.
21 Q. Did you ever recommend an angiogram
22 for Michael Fox?
23 A. No.
24 Q. If you had wanted to order an
25 angiogram for Michael Fox, is that something you
21
1 were allowed to do based on your privileges at
2 Deering Hospital?
3 A. Yes.
4 Q. Why didn't you order an angiogram?
5 A. My clinical examination and the
6 history with respect to the patient didn't warrant
7 it.
8 Q. Why not?
9 A. Because the clinical examination
10 showed that he had no neurovascular deficit and
11 that he had a history of having an unstable knee
12 prior to the examination.
13 Q. Where does your note indicate a

14 history of an unstable knee prior on the
15 examination?
16 A. It doesn't.
17 Q. So how do you know he had a history
18 of an unstable knee?
19 A. The emergency room record and the
20 hospital personnel indicated that to me.
21 Q. Specifically which person in the
22 emergency room noted that to you?
23 A. I don't know who. It's just written
24 on the chart.
25 Q. Why did you document that he was a
22
1 pour historian secondary to medication?
2 A. Because I don't have any direct
3 recall to this, but I do know when people have
4 analgesics on board and cannot give me a real care
5 history.
6 Q. That would have been secondary to
7 medication he was given for pain in the emergency
8 room?
9 A. I would assume so, yes.
10 Q. Did you have any reason to assume it
11 was something else?
12 A. I don't know that for a fact, but
13 that's what I would assume.
14 Q. If in fact Michael Fox did not have a
15 history of unstable knee, would that have changed
16 your opinion at all with respect to whether or

17 not an angiogram was needed?
18 A. No.
19 Q. Why not?
20 A. Because my examination showed that he
21 had a neurovascular examination that was intact
22 and didn't warrant it, based on my examination.
23 Q. So in essence, then, Doctor, is it
24 fair for me to assume that any history that he
25 might or might not have had about instability in
23
1 his knee was essentially irrelevant to your
2 determination of whether or not he needed an
3 angiogram?
4 A. Correct.
5 Q. Did you have any history, at the time
6 that you saw Michael Fox, of him twisting his knee
7 when you examined him?
8 A. Yes.
9 Q. Okay. Was that history that he gave
10 you or history that was available in the chart?
11 A. I don't know.
12 Q. Did you have any history of him
13 dislocating his knee, leading to him being seen in
14 the emergency room?
15 A. No.
16 Q. If you did have that history, would
17 that have changed your opinion at all with respect
18 to whether or not an angiogram was necessary?
19 MS. VACHAL: Objection.
20 THE WITNESS: No.

21 Q. (BY MR. SPIEGELMAN) Why not?
22 A. Because he had a history of having an
23 unstable knee to begin with.
24 Q. What is the anatomy of the popliteal
25 artery with respect to the tibial plateau?
24
1 A. It's directly behind the plateau and
2 tethered by a fibrous band to keep it from moving
3 around.
4 Q. Is there any risk to the popliteal
5 artery -- am I pronouncing it correctly?
6 A. You are.
7 Q. Is there any risk to the popliteal
8 artery if a patient suffers a fracture in the
9 tibial plateau?
10 A. There can be.
11 Q. Under what circumstances?
12 A. If a piece of the fracture fragment
13 contacts the area, ther's a jagged piece with
14 respect to it.
15 Q. What steps do you take to insure that
16 such a jagged piece does not injure or damage the
17 popliteal artery?
18 A. You check the pulse and examine the
19 patient.
20 Q. Well, how will checking the pulse
21 insure that the jagged piece isn't injuring the
22 popliteal artery?
23 A. Well, first of all you check to see

24 if it's in the vicinity of the popliteal artery,
25 then you can check the pulse and the
25
1 neurovascular, and if there's no abnormality, then
2 it's not affecting it at the time of your
3 examination.
4 Q. Can a patient suffer an injury to the
5 popliteal artery, yet still have good pedal
6 pulses?
7 MS. AUDIE: Object to the form.
8 Q. (BY MR. SPIEGELMAN) Doctor?
9 A. If it's a partial injury to it, yes.
10 Q. Can a patient suffer a partial injury
11 to the popliteal artery, yet still have good
12 neurovascular status at the time of the
13 examination?
14 A. Yes.
15 MS. AUDIE: Same objection.
16 Q. (BY MR. SPIEGELMAN) Have you seen
17 that happen before?
18 A. Yes.
19 Q. So what do you do to insure that a
20 patient has not sustained an injury to the
21 popliteal artery when they're in the emergency
22 room?
23 A. You check the neurovascular status
24 and then tell them to follow-up with you within a
25 short period of time.
1 Q. How much time?
26
2 A. 24 hours.

3 Q. Why 24 hours?
4 A. It's just the next day.
5 Q. Are there any risks to the patient,
6 if in fact an injury was sustained to the
7 popliteal artery and it is not treated during that
8 24-hour period?
9 A. If it gets worse, yes.
10 Q. What are the risks?
11 A. That a patient can undergo gradual
12 increase in the symptoms with respect to it.
13 Q. Have you ever ordered an angiogram
14 for a patient who has suffered a tibial plateau
15 fracture?
16 A. No.
17 Q. Why not?
18 A. It wasn't warranted.
19 Q. How often have you ordered an
20 angiogram for patients who suffer lower leg
21 injuries?
22 A. Probably about five or ten times in
23 my career. I don't know for sure.
24 Q. And under what circumstances do you
25 do it?
27
1 A. When they've had decreased pulses,
2 changes in their vascular symptoms and signs with
3 respect to the leg after an injury.
4 Q. What changes in the vascular symptoms
5 or signs would warrant an angiogram, in your

6 opinion?
7 A. Decreased pulse, change -- gross
8 change in sensation.
9 Q. Gross change in sensation, what does
10 that mean?
11 A. Change in sensation.
12 Q. Like they get numb?
13 A. Correct.
14 Q. What about feeling a temperature
15 change in the extremity?
16 A. Only if it's partial.
17 Q. What do you mean?
18 A. Well, basically, if the arterial
19 supply is cut off, then there is no temperature
20 change, because you have no feeling with respect
21 to it.
22 Q. What if the patient complains that
23 their foot is cold? Would that matter to you with
24 respect to whether or not to order an angiogram?
25 A. If the neurovascular examination at
28
1 that time did not coordinate with it, no.
2 Q. What if the patient told you his foot
3 was cold, yet you found that his neurovascular
4 status was okay? What would that mean to you, Dr.
5 Lang?
6 A. Well, it could mean that he's had
7 increased sweating with respect to his lower
8 extremity and evaporation. It could mean a lot of
9 things, but the vascular examination is the way to

10 tell what's going on with regard to the -- and a
11 sensory examination.
12 Q. What causes increased sweating and
13 evaporation?
14 A. Nervousness on the patient's part.
15 Q. And you've seen that just in the
16 lower extremity?
17 A. You can.
18 Q. Did Michael Fox ever tell you that
19 his foot was cold?
20 A. No.
21 Q. Did you have any difficulty with
22 Michael Fox while he was in the emergency room?
23 A. I don't have any direct recall to
24 having any, but I don't remember him directly
25 either, so ---
29
1 Q. What's the purpose of an angiogram?
2 A. To assess the vascular supply to the
3 extremity or to the body in general.
4 Q. Did you have any contact with Michael
5 Fox after he left the emergency room?
6 A. No.
7 Q. Did you feel he was stable to leave
8 the emergency room?
9 A. Yes.
10 Q. Did you feel that he was in any
11 immediate or imminent danger from leaving the
12 emergency room?

13 A. No.
14 Q. Did you feel his medical condition
15 was stable when you discharged him from the
16 emergency room?
17 MS. AUDIE: Object to the form.
18 MR. SPIEGELMAN: Withdraw the
19 question.
20 Q. (BY MR. SPIEGELMAN) Did you make the
21 discharge in the emergency room?
22 A. No.
23 Q. Did you feel that he was medically
24 stable to be discharged from the emergency room?
25 A. When I examined him, yes.
30
1 Q. Do you know what time it was when you
2 examined him?
3 A. No.
4 Q. Do you know who made the decision to
5 discharge him?
6 A. No.
7 Q. Did you okay the discharge?
8 A. When I examined him I told the
9 personnel at the hospital that I thought he was
10 okay to be discharged, that's correct.
11 Q. Did you document that anywhere in the
12 chart?
13 A. No.
14 Q. The note that you read earlier, and
15 we'll attach a copy of that as Plaintiff's Exhibit
16 1 to this deposition today, did you write that

17 contemporaneous with seeing Michael Fox in the
18 hospital?
19 A. Yes.
20 Q. Did you have that made a part of the
21 hospital chart?
22 A. I put it on the chart in the
23 emergency room.
24 Q. Have you actually personally looked
25 at the hospital chart?
1 A. The emergency room chart?
31
2 Q. Yes, sir.
3 A. This is what Miss Audie just gave me.
4 Q. Can I see that? Incidentally,
5 Doctor, while I'm looking at this, did you
6 personally review the X-rays for Michael Fox in
7 the emergency room?
8 A. Yes.
9 MS. MARGULIES: Form.
10 Q. (BY MR. SPIEGELMAN) Did you also
11 look on Dr. Reitman's report for the left knee and
12 tibia/fibula while you were in the emergency room?
13 MS. MARGULIES: object to form.
14 MS. AUDIE: At the time he saw the
15 patient?
16 MR. SPIEGELMAN: Yes. Go ahead.
17 THE WITNESS: I don't recall if I did
18 or not.
19 Q. (BY MR. SPIEGELMAN) Do you recall

20 speaking with Dr. Reitman?
21 A. No.
22 MS. MARGULIES: What was that answer?
23 MS. AUDIE: No.
24 THE WITNESS: No.
25 Q. (BY MR. SPIEGELMAN) The hospital
32
1 chart, one of the pages of the hospital chart,
2 Doctor -- see down here, it says "Consult, Dr.
3 Lang was consulted by phone, will admit the
4 patient."
5 Do you know why it is somebody in the
6 emergency department felt that you were going to
7 admit the patient?
8 MS. AUDIE: Object to the form.
9 MS. VACHAL: Object to the form.
10 THE WITNESS: No.
11 Q. (BY MR. SPIEGELMAN) Have you ever
12 talked to anyone -- I'm excluding your attorney or
13 anyone from her office, but have you talked to
14 anybody about why the chart says that?
15 A. No.
16 Q. Were you curious why the chart says
17 that?
18 A. Yes.
19 Q. Why?
20 A. Because that's not -- from my note,
21 that's it.
22 Q. Do you know why it indicates that you
23 were consulted by telephone?

24 MS. AUDIE: Object to the form.
25 MS. VACHAL: Join.
1 THE WITNESS: No.
33
2 Q. (BY MR. SPIEGELMAN) Do you know when
3 the note, which was Plaintiff's 1 to today's
4 deposition, was made a part of the hospital chart?
5 A. Which is that?
6 MS. AUDIE: His note?
7 MR. SPIEGELMAN: Yes, his note.
8 THE WITNESS: No.
9 Q. (BY MR. SPIEGELMAN) Did you ever
10 tell Michael Fox to be careful if his foot started
11 turning blue or got cold?
12 A. I don't have any direct recall what I
13 told Michael Fox directly.
14 Q. As you sit here today looking at your
15 note, Plaintiff's Number 1, are there any general
16 instructions you would give a patient who has
17 susstained an injury of the type that Michael Fox
18 had sustained?
19 A. I normally would, but from my note,
20 it appears that he really wasn't conversant to be
21 able to be told that.
22 Q. Was that based on the pain medication
23 he had received?
24 A. I would assume so, yes.
25 Q. Did you -- at the time that you
1 examined -- well, how long did your exam of
34

2 Michael Fox take?
3 A. I don't have any direct recall how
4 long it was.
5 Q. You said something earlier when you
6 were reading your note, "Question positive draw."
7 MS. AUDIE: Drawer.
8 THE WITNESS: The Drawer sign.
9 Q. (BY MR. SPIEGELMAN) What does that
10 mean?
11 A. That means that there was some
12 movement of the tibia on the femur with
13 anterior/posterior motion with respect to the knee
14 joint.
15 Q. Is that why you were concerned he
16 might have had an ACL injury?
17 A. Correct.
18 Q. Did that concern you at all with
19 respect to the possibility of injury to the
20 popliteal artery?
21 A. Well, that's one of the reasons you
22 do the neurovascular exam, yes.
23 Q. Did it concern you at all with
24 respect to whether or not the popliteal artery was
25 at risk for injury after Michael Fox would leave
35
1 the hospital?
2 A. Well, that's why I wanted to see him
3 again the next day.
4 Q. So when he left the hospital on
5 February 5th, 1999, was he at risk for the injury

6 to the popliteal artery, based on the fracture he
7 had sustained?
8 A. No.
9 Q. Why not?
10 A. Because that was just a small chip
11 fracture off the anterior portion of the tibia.
12 Q. Are you aware that he did, at some
13 point in time, sustain an injury to the popliteal
14 artery?
15 A. I am now.
16 Q. Do you know how that came about?
17 A. No.
18 Q. No idea?
19 MS. AUDIE: Object to the form.
20 Argumentative.
21 THE WITNESS: No.
22 MR. SPIEGELMAN: I just want to be
23 sure he's not going to say something else at
24 trial.
25 MS. AUDIE: He's not going to be
36
1 offering any opinions as to the causation of the
2 popliteal injury. His experts will, but he won't.
3 MR. SPIEGELMAN: That's fine. I
4 assumed his experts would. I just want to be sure
5 he's not going to.
6 MS. AUDIE: You assume correctly,
7 Ken.
8 Q. (BY MR. SPIEGELMAN) Why was Michael

9 Fox hard to examine?
10 A. Because he really couldn't give me
11 answers at times to -- I couldn't question him,
12 and basically instead of having the patient tell
13 me in words, I had to use, usually in this case
14 would have used system responses for the patient.
15 For instance, for sensation, a pin
16 would be used to check to see if there was
17 withdrawal to painful stimuli, if sensation was
18 intact.
19 Q. (BY MR. SPIEGELMAN) So the fact that
20 he was hard to examine was a communication problem
21 that he was having?
22 A. Well, he was simply sleeping with
23 respect to the exam, is what I'm assuming. I
24 don't have any direct recall, but I wouldn't have
25 written that if something like that wasn't the
37
1 case.
2 Q. Do you know if it had anything to do
3 with the amount of pain that he was in?
4 A. I don't know.
5 Q. How would you check his neurovascular
6 status in his lower extremity, or how did you?
7 A. I felt for his pulses.
8 Q. Where?
9 A. At his posterior tibial and -- which
10 is behind the medial malleolus, and by his dorsal
11 pedis, which is on top of the foot. Check the
12 sensation to withdrawal and the temperature of his

13 extremity compared to the opposite extremity, and
14 other than that, when it's somebody who is
15 semi-sleeping, there's not much else that I can
16 do.
17 Q. Do you check -- well, when do you
18 check a patient's vascular status in their lower
19 extremity?
20 A. When they are a -- they have an
21 injury to the lower extremity.
22 Q. Any injury to the lower extremity?
23 A. Yes.
24 Q. Do you think that Michael Fox's
25 difficulty in giving you a history, the fact that
38
1 he was hard to examine, had anything to do with
2 laceration to his -- or injury to his popliteal
3 artery?
4 A. I can't see how the two are related
5 as far as his ability to answer my questions.
6 Q. Do you think he was able to
7 understand your instructions on February 5th,
8 1999?
9 A. I don't think I gave him any
10 instruction. I gave the emergency room person
11 instruction.
12 Q. Do you know how long after you left
13 Michael Fox it was that he left the emergency
14 room?
15 MS. AUDIE: Asked and answered.

16 THE WITNESS: No.
17 Q. (BY MR. SPIEGELMAN) From looking at
18 the hospital chart that Ms. Audie provided you
19 with, are you able to tell anything about what
20 time it was that you saw Michael Fox during that
21 ER visit on February 5th? And if you want to take
22 a look at it, go ahead.
23 A. I didn't look specifically.
24 Sometimes the nurses put down a note when the
25 doctor came in. I don't know if that's the case.
39
1 There's no indication on the chart.
2 Q. At the time you examined Michael Fox,
3 did you find any medial distal femoral swelling?
4 A. Let me review this. I don't have
5 direct recall.
6 Q. You're going to refer to your note?
7 A. Yes, I'm sorry, I should say that.
8 Q. Go ahead.
9 A. Since I don't have any direct recall
10 to the day, I can only refer to my note, and
11 there's no case of that in the note.
12 Q. If you had seen that at the time you
13 had examined him, would that have changed anything
14 with respect to what you did, or what you did for
15 Mr. Fox?
16 A. No.
17 Q. Why not?
18 A. People can have injuries that cause
19 swelling which are not any different, and with the

20 exam findings and the treatment that I gave Mr.
21 Fox.
22 Q. Would medial distal femoral swelling
23 be any indication of vascular injury?
24 A. It could be, but it also could be a
25 bruise in the muscle or a muscle pull, or a myriad
40
1 of other diagnoses that have the same findings.
2 Q. Under what circumstances could it be
3 an indication of vascular injury?
4 A. If there was bleeding from the
5 arterial support structure at that point.
6 Q. Including internal bleeding, I
7 assume?
8 A. Well, if there was an aneurysm
9 internally that swelled.
10 Q. Was Mr. Fox diaphoretic when you saw
11 him?
12 A. I don't have any direct recall of
13 that and my note does not indicate that, no.
14 Q. What does it mean for a patient to be
15 diaphoretic?
16 A. Basically, sweating.
17 Q. Would that have mattered to you, if
18 he was?
19 A. If it was combined with a blood
20 pressure drop or other signs that go along with
21 diaphoresis, yes, but other than that, no.
22 Q. Why would it concern you if it was

23 combined with a blood pressure drop?
24 A. Because that's a sign of extreme
25 blood loss. As far as patients who have signs of
41
1 shock, diaphoresis is one of those signs.
2 Q. Do you know what painkillers he
3 received before he saw you?
4 A. I don't have any direct recall, but
5 it must be on the chart.
6 Q. Go ahead, take a look at the chart.
7 A. He got Demerol, Phenergan, but I
8 don't have a time when it was given.
9 Q. Do you know how long Demerol would
10 work in Mr. Fox's system?
11 MS. AUDIE: Form, predicate.
12 THE WITNESS: No.
13 Q. (BY MR. SPIEGELMAN) How about
14 Phenergan?
15 A. No.
16 MS. AUDIE: Same objection.
17 Q. (BY MR. SPIEGELMAN) Why was he given
18 Phenergan, do you know?
19 MS. VACHAL: Objection.
20 THE WITNESS: It potentiates the
21 effect.
22 Q. (BY MR. SPIEGELMAN) They're sort of
23 synergistic?
24 A. Yes, so you don't have to give them
25 as much narcotic. A longer, bigger effect.
42
1 Q. If you had noted a decrease in his

2 neurovascular status while you were with Mr. Fox,
3 what if anything would you have done for him?
4 MS. AUDIE: Object to the form.
5 MS. VACHAL: Join.
6 THE WITNESS: I would have
7 re-evaluated him again a time period after the end
8 of the first examination and see if there was any
9 continuation with respect to change.
10 Q. (BY MR. SPIEGELMAN) Would you have
11 said he was okay for discharge?
12 A. No.
13 Q. Would you have done anything else?
14 MS. AUDIE: Same objection.
15 THE WITNESS: No.
16 Q. (BY MR. SPIEGELMAN) Would you have
17 ordered an angiogram?
18 A. At the point of the first
19 examination?
20 Q. Yes, sir.
21 A. Probably not. I would have waited
22 until another examination.
23 Q. How long after the first?
24 A. 15, 20 minutes.
25 Q. And if the neurovascular changes were
43
1 still there at that time?
2 A. Then I would have ordered an
3 angiogram.
4 Q. They had facilities at Deering

5 Hospital back at that time to do an angiogram?
6 MS. VACHAL: Object to form.
7 THE WITNESS: I believe so, but I
8 cannot be absolutely sure. It's a function of
9 calling the radiologist in.
10 Q. (BY MR. SPIEGELMAN) And an angiogram
11 would be able to tell you whether or not there was
12 an injury to the popliteal artery?
13 A. Yes.
14 Q. Is an angiogram sort of the gold
15 standard for assessing vascular status?
16 MS. AUDIE: Object to the form.
17 Q. (BY MR. SPIEGELMAN) Sir?
18 A. I'm thinking. It's invasive, and I
19 believe it's probably the best test.
20 There are people who say that they
21 can do non-invasive testing, including Dopplers
22 and other studies that will give them the same
23 result, but in my experience I think an angiogram
24 would be a test that I would have ordered.
25 Q. It was your desire that Michael Fox
44
1 be seen again 24 hours after he left the emergency
2 room.
3 A. Correct.
4 Q. By who?
5 A. By either myself or somebody in my
6 office.
7 Q. Would you have wanted him to wait 48
8 hours to be seen?

9 A. I wouldn't have written 24 if I
10 wanted him to be seen in 48.
11 Q. Why would you not have wanted him to
12 be seen at 48 hours instead of 24?
13 A. It's basically that I wanted to see
14 how he was doing, since I couldn't really examine
15 him the first time as far as his history was
16 concerned, so that I wanted to see him within a
17 day's period of time to see how he was doing.
18 Q. Are there any conditions or -- any
19 conditions that could have been aggravated if he
20 waited 48 hours instead of 24 to be seen?
21 MS. AUDIE: Form.
22 Q. (BY MR. SPIEGELMAN) Sir?
23 A. I can't predict that, no.
24 Q. Any risk to the popliteal artery
25 based on the injury he had sustained by him
1 waiting 48 hours instead of 24?
45
2 A. If he had a slowly-evolving occlusion
3 to his popliteal artery, then the length of time
4 would make a difference.
5 Q. The extra 24 hours would make a
6 difference?
7 A. Assuming that it was continually
8 forming, yes.
9 Q. Who ordered the splint for Michael
10 Fox's knee?
11 A. Well, I told whoever at the hospital

12 I told to put the splint on his knee.
13 Q. So it was your order?
14 A. Yes.
15 Q. What were your instructions for Mr.
16 Fox with respect to the wearing of the splint?
17 Was it to be worn continuously, was it to be worn
18 any time he was moving around? Can you tell me?
19 Do you know?
20 A. Well, my instructions, to a patient
21 who understands me and can converse with me, are
22 to wear it on a constant basis until he's
23 re-examined.
24 Q. But Michael Fox couldn't understand
25 you?
46
1 A. No, but I told the nurse, and the
2 hospital personnel know that's the instruction to
3 give.
4 Q. So you relied on the hospital staff
5 to give those instructions?
6 MS. VACHAL: Object to form.
7 Q. (BY MR. SPIEGELMAN) Why was it
8 important to you that Michael Fox wear the splint
9 on a constant basis?
10 A. To eliminate motion with respect to
11 his legs. It's -- basically, he had a small chip
12 off of the anterior tibial portion of the tibia at
13 the proximal end.
14 I didn't want any motion with respect
15 to his knee, so the splint kept the knee in a

16 constant state of one position.
17 Q. Would motion to the knee with that
18 sort of fracture create any risk for the popliteal
19 artery?
20 A. No.
21 Q. Why not?
22 A. Again, that was a small chip, based
23 on his X-rays, anyway, that I remember, to the
24 anterior surface of the tibia, which was not
25 anywhere near where the popliteal artery is.
47
1 Q. Would motion to the knee, if there
2 was a small occlusion in the popliteal artery,
3 aggravate the situation?
4 MS. AUDIE: Object to the form.
5 MR. SPIEGELMAN: You can answer.
6 THE WITNESS: It might.
7 Q. (BY MR. SPIEGELMAN) Under what
8 circumstances?
9 A. If and when it caused changes in the
10 tension with respect to the popliteal artery.
11 Q. Well, under what conditions would it
12 change the tension on the popliteal artery?
13 A. Just by moving the knee causes
14 changes with respect to the structures and the
15 posterior popliteal fossa. It causes movement,
16 so ---
17 Q. So movement, by definition, would put
18 tension on that artery?

19 A. It could.
20 Q. Have you had any contact with Michael
21 Fox since he left the emergency -- well, actually,
22 since you met him in the emergency room on
23 February 5th, 1999?
24 A. No.
25 Q. When did you become aware of what
48
1 happened to Michael Fox?
2 A. When I was served with a ---
3 Q. Notice of intent?
4 A. Whatever that was, yes.
5 Q. Do you keep an office schedule?
6 A. You mean a calendar, like?
7 Q. No, I mean does somebody keep a
8 record of where you are? In other words -- I
9 assume you have office hours.
10 A. Correct.
11 Q. But I'm guessing you're also on call
12 at certain times for the emergency room at
13 different hospitals, correct?
14 A. That's correct.
15 Q. Do you know how it was that you were
16 called to see Michael Fox on February 5th, 1999?
17 A. Well ---
18 MS. VACHAL: Form.
19 THE WITNESS: I think we were on call
20 to the emergency room, and the procedure usually
21 is that the hospital staff then calls the person
22 on call if there's an injury, after which the call

23 goes to the office, and whoever is available from
24 the office gets notified that there's a patient in
25 the emergency room.
49
1 Q. (BY MR. SPIEGELMAN) Does somebody
2 from the office keep record whether it was you or
3 Dr. Evans that would go over to the emergency room
4 to see a patient?
5 A. No.
6 Q. So there's no records kept of where
7 you are at any particular time on your work days?
8 A. Other than that I was in the -- that
9 I would be in the office or the hospital
10 operating, that kind of schedule is kept, but not
11 hour by hour, unless it's something specific.
12 It doesn't say that Dr. Lang went to
13 emergency room at Deering at two o'clock, or
14 whatever time it would be.
15 Q. Would you have wanted Michael Fox to
16 use ice on his knee after leaving the emergency
17 room?
18 A. I don't usually tell people to put
19 ice on injuries per se, because people tend to
20 leave the ice on, and sometimes they get ice
21 burns, which causes skin problems, so no, I don't.
22 That's not my routine.
23 Q. Was he allowed to weight bear?
24 A. With his brace in place, I would
25 assume yes.
50

1 Q. Did the fact that he was black create
2 any difficulties for you with respect to assessing
3 him neurovascularly?
4 A. Other than skin color as far as
5 change in color, no.
6 Q. How would skin color be affected, or
7 how would skin color be involved?
8 A. Only because sometimes if you see a
9 whitening of the skin on a Caucasian person, it
10 might be easier to tell. Other than that, no.
11 Q. Do you know who made the ultimate
12 decision to discharge Michael Fox from the
13 emergency room on February 5th, 1999?
14 MS. VACHAL: Form.
15 MS. ZIMMERMAN: Form.
16 THE WITNESS: No.
17 Q. (BY MR. SPIEGELMAN) Did you make the
18 decision to discharge him?
19 A. No.
20 Q. You left that decision to someone
21 else?
22 MS. ZIMMERMAN: Form.
23 MS. VACHAL: Join.
24 MR. SPIEGELMAN: Go ahead.
25 THE WITNESS: Well, at the time I
51
1 examined him, the procedure would have been, since
2 I was called in to see the patient, to ask me what
3 the treatment course should be.
4 From my note, the treatment course

5 was that he could go and be placed in a Velcro
6 splint and be followed up in 24 hours, so at that
7 moment in time I would usually transmit that to
8 the emergency room personnel, and say from my
9 examination he can be discharged when he's stable.
10 Q. (BY MR. SPIEGELMAN) Would you have
11 expected that the emergency room personnel would
12 notify you of any changes that Mr. Fox underwent
13 between when you saw him and when he was
14 discharged?
15 MS. VACHAL: Form.
16 MS. ZIMMERMAN: Form.
17 THE WITNESS: Yes.
18 Q. (BY MR. SPIEGELMAN) Why?
19 A. Well, because I only saw him at one
20 moment in time, and if there was a change and they
21 thought that it was specific, I would have
22 expected they would call me.
23 Q. Specifically, what changes if any
24 would have been relevant to you with respect to
25 whether or not it was okay to discharge Mr. Fox?
52
1 MS. AUDIE: Object to the form.
2 Overbroad.
3 MR. SPIEGELMAN: Go ahead.
4 THE WITNESS: Any change in his
5 neurovascular status. Any change they thought
6 they might want to contact me for.
7 Q. (BY MR. SPIEGELMAN) Specifically,

8 though, what other than any change in his
9 neurovascular status?
10 A. Specifically, other than that,
11 anything unusual that they might say that they
12 didn't like, that something had changed from the
13 time that they had seen him.
14 Q. What changes in neurovascular status
15 would have concerned you?
16 A. Decreased pulse, decreased sensation,
17 if he was more awake and then ---
18 Q. What if he felt like his foot was
19 getting cold?
20 A. Not in and of itself, unless it was
21 combined, either a change in his vascular status
22 or his clinical examination to sensation.
23 Q. Did his vascular status need to be
24 assessed again after you did it, but before he was
25 discharged?
1 A. No.
53
2 Q. Why not?
3 A. Assuming that everything else was the
4 same, unless I think that there was some change
5 that needed to be examined again, I didn't think
6 that was necessary.
7 Q. If he said his foot was getting cold,
8 would that have warranted another vascular
9 assessment?
10 A. It might.
11 Q. Under what circumstances?

12 A. Just those circumstances.
13 Q. So if he said -- after you finished
14 with him, if he told somebody "My foot's getting
15 cold," then somebody needs to assess his vascular
16 status before discharging him?
17 MS. ZIMMERMAN: Form.
18 MS. VACHAL: Form.
19 THE WITNESS: I would think that
20 would be reasonable, yes.
21 Q. (BY MR. SPIEGELMAN) Is the popliteal
22 artery a major blood vessel in the lower
23 extremity?
24 A. Yes.
25 MR. SPIEGELMAN: We're going to
1 attach the entire chart as Composite 1.
54
2 (Thereupon, the document referred to,
3 chart, was marked as Plaintiff's Composite
4 Exhibit 1, for Identification.)
5 MR. SPIEGELMAN: Doctor, your chart,
6 the note that you wrote, which is part of
7 Plaintiff's Composite Exhibit Number 1 that you
8 read in earlier, it's a carbon form that gets
9 filled out.
10 THE WITNESS: Correct.
11 Q. (BY MR. SPIEGELMAN) You write on the
12 top sheet, there are sheets underneath that pick
13 up what you write?
14 A. That's correct.

15 Q. And the bottom of it indicates that
16 the white copy is for medical records, yellow is
17 the ER copy and the pink is the physician's copy.
18 You don't have a pink one in your chart. You do
19 have a yellow one in your chart, is that correct?
20 A. Correct.
21 Q. Do you know why it is that the
22 yellow, which is purportedly the ER copy, is still
23 in your office chart?
24 A. Because I take that, because it's
25 clearer.
1 Q. And what do you leave for the
55
2 emergency room?
3 A. The white and the -- whatever the
4 other color was, so they have an original, so my
5 office only gets one piece of paper. I take the
6 one that I can read the best and I leave them the
7 original.
8 MR. SPIEGELMAN: Okay. Fair enough.
9 That's all. Thanks. Stacey?
10 MS. MARGULIES: I have a few
11 questions, but off the record.
12 MR. SPIEGELMAN: I want a transcript.
13 MS. AUDIE: I want a copy.
14 MS. VACHAL: I want a copy.
15 MS. MARGULIES: I'd like a mini and
16 ASCII only.
17 MS. ZIMMERMAN: I want a mini and
18 ASCII only.

19 (Whereupon, reading, signing and Notice of
20 Filing were not waived, and the deposition
21 was concluded at 5:04 p.m.)
22
23
24
25
1
56
2 ______________________________
3 DEPONENT
4
5 SWORN TO and subscribed before me this _______ day
6 of ____________, 2002.
7
8
9 _________________________________________
10 NOTARY PUBLIC, STATE OF FLORIDA AT LARGE.
11 My Commission expires ___________________________
12
13 STATE OF FLORIDA)
14 COUNTY OF MIAMI-DADE)
15
16 I, the undersigned authority, certify
17 that ELLIOT LANG, M.D. personally appeared before
18 me and was duly sworn.
19 WITNESS my hand and official seal
20 this 19th day of March, 2002.
21

22
23 _____________________________
PHILIP D. ROSE
24 COURT REPORTER
25
1 C E R T I F I C A T E
57
2 STATE OF FLORIDA
COUNTY OF MIAMI-DADE
3 I, PHILIP D. ROSE, Court Reporter, certify
4 that I was authorized to and did report the
5 foregoing deposition, and that the transcript is a
6 true record of the testimony given by the witness.
7 I further certify that I am not a relative,
8 employee, attorney or counsel of any of the
9 parties, nor am I a relative or employee of any of
10 the parties' attorney or counsel connected with
11 the action, nor am I financially interested in the
12 action.
13
14 Dated this 19th day of March, 2002.
15
16
17
______________________________
18 PHILIP D. ROSE, Court Reporter.
19
20
21
22
23
24
25

58
1 PORTER, WALKER & ASSOCIATES
420 South Dixie Highway, Suite 301
2 Coral Gables, Florida 33146
(305) 669-0610
3
March 19th, 2002
4
TO: Elliot Lang, M.D.
5 9299 Southwest 152nd Street
Miami, FL 33157
6
IN RE: Fox vs. Deering et al.
7
Case No. 00-9130 (CA-04)
8
Dear Dr. Lang:
9 With reference to the examination of yourself,
deponent in the above-styled cause, taken on March
10 6th, 2002, under oath, please be advised that the
deposition has been transcribed and is awaiting
11 your signature.
12 Please arrange to conclude this matter at your
earliest convenience. We would suggest that you
13 telephone this office and arrange an appointment
suitable for all concerned.
14
However, if this has not been taken care of by
15 April 19th, 2002, we shall conclude that the
reading and signing of said Deposition has been
16 waived, and shall then proceed to file the
original of said transcript with the Party who
17 took the Deposition, without further notice to any
parties.
18
19 Very truly yours,
20
21 PHILIP D. ROSE
Court Reporter
22
23 cc: Attorneys of record
24
25