To: txrangerette
1 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR PINELLAS COUNTY
2 CIVIL DIVISION
CASE NO. 92-939CI-15
3
4 MICHAEL SCHIAVO, individually )
and as guardian of THERESA )
5 SCHIAVO, an incompetent, )
)
6 Plaintiff, )
)
7 vs. )
)
8 JOEL S. PRAWER, M.D. and )
G. STEPHEN IGEL, M.D., )
9 )
Defendants. )
10 ______________________________/
11
12
DEPOSITION OF: MICHAEL SCHIAVO
13
TAKEN: Pursuant to Notice by
14 Counsel for Defendant
G. Stephen Igel, M.D.
15
DATE AND TIME: July 27, 1992; 9:05 a.m.
16
PLACE: 5999 Central Avenue
17 Suite 103
St. Petersburg, Florida
18
BEFORE: TAMMY J. BERKLER, RPR, CM
19 Notary Public
State of Florida at Large
20
21
22
23 KLEIN, BURY & ASSOCIATES
4350 West Cypress Street
24 Suite 701
Tampa, Florida 33607
25 (813) 876-4722
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1 APPEARANCES: GLENN M. WOODWORTH, ESQUIRE
-and-
2 HEATHER HARWELL, ESQUIRE
Law Office of Glenn M.
3 Woodworth
5999 Central Avenue
4 Suite 103
St. Petersburg, Florida 33711
5 Attorneys for Plaintiff
6 KENNETH C. DEACON, ESQUIRE
Harris, Barrett, Mann & Dew
7 150 Second Avenue North
Suite 1500
8 St. Petersburg, Florida 33731
Attorney for Defendant
9 G. Stephen Igel, M.D.
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p.3 of MS Depo Med Mal Pt 1
1 Thereupon,
2 MICHAEL SCHIAVO,
3 the deponent herein, being first duly sworn, was
4 examined and testified as follows:
5 DIRECT EXAMINATION
__________________
6 BY MR. DEACON:
_____________
7 Q Would you state your full name for me,
8 please, sir?
9 A Michael Richard Schiavo.
10 Q And what is your age, Mr. Schiavo?
11 A 29.
12 Q I think we lost your lawyer.
13 A He'll be back.
14 Q What is your address, Mike?
15 A One Boca Ciega Point Boulevard.
16 Q Is that an apartment or a home?
17 A Yeah, it's unit 313; it's 313.
18 Q 313. Does that apartment complex have a
19 name?
20 A No. It's just Boca Ciega Point Boulevard.
21 Q Okay. And what city is that?
22 A St. Pete.
23 Q Where's that located?
24 A In Seminole.
25 Q Okay.
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p.4 of MS Depo Med Mal Pt 1
1 A Right on Duhme Road there.
2 MR. WOODWORTH: There won't be any more
3 interruptions, I promise.
4 MR. DEACON: I want to make that a matter of
5 record. There won't be any more interruptions.
6 MR. WOODWORTH: There won't be.
7 Q (By Mr. Deacon) Okay. How long have you
8 been there?
9 A Approximately one month.
10 Q Where did you live before that?
11 A On 5th Avenue North, 453 5th Avenue North.
12 Q 453.
13 A 5th Avenue.
14 Q 5th Avenue North. And how long were you
15 there?
16 A Two months.
17 Q Let me back up a little bit. This address
18 you have at One Boca Ciega Point Boulevard, who lives
19 there with you, if anyone?
20 A I moved in there with my parents.
21 Q Your parents?
22 A Uh-huh. They just moved to Florida.
23 Q What are your parents' names?
24 A Claire and Bill.
25 Q Is Claire with an e at the end?
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p.5 of MS Depo Med Mal Pt 1
1 A Actually it's Clara, C-l-a-r-a.
2 Q R-a?
3 A Or something like that.
4 Q And Bill?
5 A Uh-huh.
6 Q Schiavo?
7 A Uh-huh.
8 Q Do you pronounce your name Schiavo or --
9 A Schiavo.
10 Q Schiavo. Okay. And anyone else besides your
11 parents live there with you?
12 A No.
13 Q This address, 253 5th Avenue North, is that
14 an apartment also?
15 A Yes.
16 Q And that apartment number?
17 A 453. It was actually in a -- I lived with an
18 elderly man; he had a room.
19 Q And before that were did you live?
20 A 273 Hermosita Drive.
21 Q What?
22 A Hermosita.
23 Q H-e-r-m-a?
24 A M-o-s-i-t-a. H-e-r.
25 Q M-o-s. Okay.
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p.6 of MS Depo Med Mal Pt 1
1 A I-t-a
2 Q Where's that?
3 A St. Pete Beach.
4 Q How long were you there?
5 A A year.
6 Q Is that a house or a --
7 A It was a house.
8 Q Who lived there with you at that time?
9 A My in-laws.
10 Q Mr. and Mrs. Schindler?
11 A Yes.
12 Q And before that where did you live?
13 A 2630 East Vina Del Mar Boulevard.
14 Q Apartment or a home?
15 A It's a home.
16 Q And who lived there with you at that time?
17 A Schindlers.
18 Q How long were you there?
19 A I believe a year and a half.
20 Q Before that where did you live?
21 A 12001 4th Street North.
22 Q Apartment or a home?
23 A Apartment.
24 Q Is that where you lived with your wife?
25 A Yes.
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p.7 of MS Depo Med Mal Pt 1
1 Q What was the apartment number?
2 A 2210.
3 Q And how long were you there?
4 A We were there approximately a year.
5 Q Where did you live before that?
6 A I forget the name of the place.
7 Q Was it in St. Pete?
8 A Yeah, it was right down the road from where
9 we lived right then. What's it called? I forget the
10 name of the place.
11 Q Okay. How long were you there?
12 A Approximately eight months.
13 Q How long have you lived in St. Petersburg or
14 in this area, Pinellas County?
15 A Approximately eight months.
16 Q And where did you live before that?
17 A We lived in Isla Del Sol -- oh, you mean
18 before Florida?
19 Q Yeah, before Florida.
20 A Pennsylvania. Philadelphia area.
21 Q Any particular town?
22 A Levittown.
23 Q L-e-v-i-t?
24 A T-t-o-w-n.
25 Q That's a suburb of Philadelphia?
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p.8 of MS Depo Med Mal Pt 1
1 A Right.
2 Q How long were you in Levittown?
3 A 22 years.
4 Q When were you and Mrs. Schiavo married?
5 A 1981.
6 Q Do you remember the date?
7 A November 10th.
8 Q And where were you married?
9 A Give me a minute. What's the name of that
10 church? Q I don't need the name of the church;
11 the town will do.
12 A Oh, the town? South Hampton.
13 Q Pennsylvania?
14 A Uh-huh.
15 Q If you could say yes or no, I'd appreciate
16 it.
17 A Yes.
18 Q Because when they take uh-huh's and huh-uh's
19 down, they're difficult to distinguish for me. You
20 lived in Levittown most your life; is that correct?
21 A Correct. Yes.
22 Q Prior to coming to St. Pete?
23 A Yes.
24 Q Where did Mrs. Schiavo live, for the most
25 part?
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p.9 of MS Depo Med Mal Pt 1
1 A Huntingdon Valley.
2 Q And that's also a suburb of Philadelphia?
3 A Right. Yes.
4 Q What was your age when you got married? I
5 can compute it from this, but --
6 A I was 21.
7 Q And how old was she?
8 A She was 20.
9 Q How long had you gone together?
10 A Two years.
11 Q I understand that you had no children; is
12 that correct?
13 A Right. Yes.
14 Q Are you presently employed?
15 A Yes.
16 Q Where do you work?
17 A Freedom Square Nursing Pavilion, nursing
18 home.
19 Q And what do you do there?
20 A I'm a nurse's assistant.
21 Q How long have you done that?
22 A I'm sorry?
23 Q How long have you been employed in that job?
24 A A month and a half.
25 Q Do you have any special training for that;
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p.10 of MS Depo Med Mal Pt 1
1 did you go to any school or courses to do that?
2 A No, I didn't.
3 Q What do you do in that job?
4 A I work with the Alzheimer's patients.
5 Q What did you do before that?
6 A I was working restaurants.
7 Q Doing what?
8 A General manager.
9 Q Which restaurants?
10 A I worked at Agostino's Ristorante; I was
11 general manager.
12 Q At the one on Ulmerton?
13 A Yes.
14 Q You were general manager?
15 A Yes.
16 Q How long did you do that?
17 A Three years.
18 Q From when to when?
19 A 1970 --
20 Q 1980 you mean?
21 A 1980, yeah, '80 to --
22 Q No. No.
23 A No. Wait a minute.
24 Q It has to start with an '80. I'm not trying
25 to give you the last part of the year, but you didn't
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p.11 of MS Depo Med Mal Pt 1
1 come here until '80 something.
2 A Let me figure this out. I think it was '84
3 to '88, like the beginning of '88.
4 Q Were you working there when your wife became
5 ill?
6 A Yes.
7 Q Okay. Let's assume she became ill on
8 February 25, 1990.
9 A Yeah.
10 Q According to my records.
11 A I'm not sure of the dates that I worked at
12 Agostino's.
13 Q Okay. And let's also assume you didn't come
14 to Florida until 1985.
15 A Right. I'm not sure of the dates.
16 Q Okay. But for three years, right?
17 A Right.
18 Q Okay. When did you stop working there?
19 A When my wife became ill.
20 Q Sometime in 1990?
21 A The end of 1990, yeah.
22 Q What did you do after you left Agostino's?
23 A Took care of my wife.
24 Q Did you work at all from the end of 1990
25 until you got this job at Freedom Square?
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p.12 of MS Depo Med Mal Pt 1
1 A No.
2 Q So you left there sometime the end of 1990
3 and then devoted your time to taking care of your wife?
4
5 A Yes.
6 Q And then you went back to work for the first
7 time about a month and a half ago at Freedom Square?
8 A Correct.
9 Q That would be sometime, say, the first part
10 of June?
11 A Right. Correct.
12 Q Of 1992?
13 A Right.
14 Q You've mentioned some places that you've
15 lived primar -- particularly with the Schindlers. Am I
16 correct in assuming that at times your wife was also
17 residing there, too?
18 A Right. Yes.
19 Q Let me see if I can back up a little bit and
20 find out just exactly where she was when, so I can get
21 some kind of a chronology on that, and I'm going to try
22 and help you if I can.
23 A Okay.
24 Q Okay. It's my understand that your wife
25 went into Humana Hospital on February 25, 1990.
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p.13 of MS Depo Med Mal Pt 1
1 A Correct. Yes.
2 Q So she was there from 2/25, 1990 until -- I
3 understand she left on May 9, 1990; is that correct?
4 A Sounds correct.
5 Q Okay. And from Humana Hospital, she went to
6 Sable Palms Nursing Home?
7 A No, she didn't.
8 Q She went to Cottage Nursing Home?
9 A College Harbor Nursing Home.
10 Q College Harbor Nursing Home. And how long
11 was she there? I don't have that record for some
12 reason. I'm sorry, how long was she there?
13 A Approximately two months.
14 Q Okay. From May 9 to around sometime in July?
15 A That's approximately two months.
16 Q Okay. Then she went to Bayfront Medical
17 Center?
18 A Yes.
19 Q And she was in Bayfront for two months?
20 A Correct. Yes.
21 Q July, '90 to September, '90; is that correct?
22 A Sounds --
23 Q Where did she go after Bayfront, did she go
24 home for a while?
25 A She went home to 2630.
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p.14 of MS Depo Med Mal Pt 1
1 Q 2630.
2 A Vina Del Mar.
3 Q East Vina Del Mar where you lived with her at
4 the apartment?
5 A At the house.
6 Q Okay. I'm sorry, at the house, right, where
7 you lived with the Schindlers?
8 A Correct.
9 Q Vina Del Mar, is that in St. Pete or is that
10 in St. Pete Beach?
11 A St. Pete Beach.
12 Q How long was she home with you and the
13 Schindlers?
14 A Approximately three months.
15 Q Is that when you left your job at Agostino's?
16 A Yes.
17 Q Okay. She was home about three months and
18 then where did she go?
19 A That's when we left for San Francisco.
20 Q Okay. You took her to California?
21 A Correct.
22 Q How long was she in California?
23 A Two months.
24 Q Where was it she was -- where was she in
25 California?
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p.15 of MS Depo Med Mal Pt 1
1 A San Jose.
2 Q And what was the name of the institution that
3 she was in?
4 A Meadowbrooke.
5 Q And what was the purpose of going to
6 California at that time?
7 A She had some surgery.
8 Q What type of surgery?
9 A She had an implant put into her head.
10 Q What type of implant?
11 A It's a stimulator.
12 Q What was the purpose of that?
13 A It -- the doctors thought it could help her
14 regain consciousness.
15 Q Did it do anything?
16 A No.
17 Q In other words, was she in any way changed by
18 any of the things -- by anything that they did for her
19 out in California?
20 A Nothing was changed.
21 Q Okay. After you returned from San Jose, did
22 she come back and live with you again?
23 A She came back to live with us again, yes.
24 Q That's at Vina Del Mar?
25 A Yes. Correct.
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p.16 of MS Depo Med Mal Pt 1
1 Q And you were still living with the Schindlers
2 at that time?
3 A Yes.
4 Q Now, you mentioned the fact that while she
5 was home with you during those periods, you were taking
6 care of her; is that correct?
7 A Correct.
8 Q What kind of things were you doing for her?
9 A Her daily care, making sure she was turned,
10 skin care, feedings, catheters, mouth care, parental
11 care, medicines, suctioning.
12 Q Full-time attendance?
13 A No.
14 Q Pretty much full-time attendance?
15 A Yes. I was, yes.
16 Q Were you getting some assistance from her
17 parents also?
18 A Her mother and father, yes.
19 Q You mentioned feedings. Was she being fed
20 through a gastrostomy?
21 A Correct.
22 Q How long was she home on -- and that's after
23 you now returned from California?
24 A Approximately three weeks.
25 Q And then were did she go?
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p.17 of MS Depo Med Mal Pt 1
1 A To Mediplex Rehab.
2 Q In Bradenton?
3 A Right. Yes.
4 Q You can say right, you can say yeah, as long
5 as you don't say uh-huh and huh-uh. Okay? Thanks.
6 Why was she transferred to Mediplex at that time?
7 A For rehab.
8 Q Okay. And how long was she at Mediplex?
9 A Approximately six months.
10 Q And what did they do for her there? You
11 mentioned rehab, what kind of rehab are we talking
12 about?
13 A Physical therapy, occupational therapy, coma
14 stimulation.
15 MR. WOODWORTH: What kind of stimulation?
16 THE DEPONENT: Coma stim.
17 Q (By Mr. Deacon) During this time now,
18 we're -- you know, we've been to Humana and then you
19 went to College Harbor, then you went to California,
20 she was home for periods of time, she's now in
21 Mediplex; did her condition change at all from the time
22 that it was -- I mean, from what it was when she left
23 Humana in May of 1990?
24 A Very, very little.
25 Q Okay. Can you quantify that? In other
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p.18 of MS Depo Med Mal Pt 1
1 words, what things was she different in with regard
2 to --
3 A Her eyes opened up.
4 Q Okay. After the six months at Mediplex,
5 where did she go?
6 A Sable Palms.
7 Q Okay. Why was she transferred from Mediplex
8 to Sable Palms?
9 A For care of her.
10 Q I mean, what could they do for her at Sable
11 Palms that they couldn't do for her at Mediplex, or
12 vice versa?
13 A Well, Mediplex, they just -- they go to the
14 point where they couldn't do anything else or help
15 Terry out anymore. Sable Palms is a nursing home.
16 Q That was mainly for custodial care?
17 A Sable Palms?
18 Q Yes.
19 A Yes.
20 MR. WOODWORTH: Well --
21 Q (By Mr. Deacon) Well, do they do anything
22 for her while she was there? In other words --
23 MR. WOODWORTH: Wait a minute. Let me just
24 object to the form of your last question, because
25 custodial care means lots of things to lots of
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p.19 of MS Depo Med Mal Pt 1
1 people, including your other client Pru Care. I
2 mean, what you may consider custodial care, her
3 physicians may consider to be skilled nursing
4 care, so if you'd be specific in your question.
5 MR. DEACON: Okay. I understand that.
6 Q (By Mr. Deacon) Let me back up, and he's
7 correct in that objection, and that is it was my term
8 and not yours, even though you said yes. What did they
9 do for her at Sable Palms, what kind of services did
10 they perform for her?
11 A Skin care, feedings, medicines, doctors'
12 appointments, making sure she was on a schedule. They
13 do range of motion with her, they do a little speech
14 therapy with her, basically skilled nursing care.
15 Q Okay. Speech therapy. From the time she
16 entered Humana in February of 1990 until now, this time
17 she's at Sable Palms, let me see here, which looks like
18 sometime in the summer of '91, was she ever able to say
19 anything?
20 A No.
21 Q Well, was she ever -- did she ever utter any
22 sounds?
23 A She uttered sounds, yes.
24 Q What kind of sounds are we talking about?
25 A Moan, grunting.
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p.20 of MS Depo Med Mal Pt 1
1 Q Other than that, anything?
2 A No.
3 Q How long was she in Sable Palms?
4 A Approximately eight to nine months now.
5 Q Is she there now?
6 A Right.
7 Q She's been in Sable Palms since she left
8 Mediplex?
9 A Correct.
10 Q Where is Sable Palms?
11 A It's on Alternate Keene Road in Largo.
12 Q Keene Road?
13 A Uh-huh.
14 Q Since that time up to today, has her
15 condition in any way changed?
16 A No.
17 Q Let me ask you just exactly what does she do
18 during a day? In other words, what -- you know, what
19 happens to her during a normal day?
20 A As far as -- I don't understand your
21 question.
22 Q Well, she obviously goes to sleep.
23 A Uh-huh.
24 Q That's right?
25 A Right.
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p.21 of MS Depo Med Mal Pt 1
1 Q Okay. When she wakes up, what is done for
2 her and how does she respond, if at all?
3 A Okay. The -- the aids come in, they get her
4 up, they give her a shower every day, they dress her;
5 the restorative nurse will come around and do range of
6 motion with her; the nurses will come in and do her
7 treatments. They get her dressed and they place her in
8 a wheelchair, and the nurses will take her down in
9 front of the nurses' station, or the social worker will
10 come down and get her and take her to her office, and
11 she sits in her chair for the rest of the day until
12 about 1:00. They put her back in bed to give her her
13 medicines and they let her rest for an hour, and then
14 they get her back up until about 4:00, and she's back
15 in bed for her -- they start her feedings, clean her
16 up.
17 Q Okay. And then after that?
18 A They just maintain her by making sure she's
19 turned, put the TV on for her, and the nurses are in
20 and out talking to her and --
21 Q Okay. Let me back up a little bit with
22 regard to that. When they get her up, she opens her
23 eyes, obviously. In other words, her eyes are open; is
24 that correct?
25 A Right.
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p.22 of MS Depo Med Mal Pt 1
1 Q Is she able to make any cognitive sounds; by
2 this I mean any sounds that would indicate that she
3 knows what she's doing?
4 A No.
5 Q Is she able to make any volitional movements
6 of any of her, you know, arms, legs; in other words,
7 can she move her arms and legs spontaneously?
8 A Not voluntarily, no.
9 Q Not voluntarily? Okay. They put her in the
10 wheelchair and then wheel her down to the nurses'
11 station where they can watch her?
12 A Uh-huh. Correct. Sorry.
13 Q And she continues to sit there until they
14 take her back for her nap?
15 A Her medications.
16 Q Okay. At 1:00?
17 A Correct.
18 Q What medications is she on?
19 A At the present, Tegretol.
20 Q What is that? I don't know that one.
21 A It's seizure medicines.
22 Q Like Dilantin, something like that?
23 A Correct. Humibid Sprinkle.
24 Q I'm sorry, one more time.
25 A Humibid.
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p.23 of MS Depo Med Mal Pt 1
1 Q Humi --
2 A Humibid.
3 Q Okay. Go ahead. Humibid Sprinkle?
4 A Sprinkle.
5 Q What is that?
6 A That is a bronchodilator.
7 Q Okay.
8 A She gets a multi-vitamin.
9 Q Okay.
10 A And I believe, to my knowledge, the best of
11 my knowledge, that's -- you have to go into her
12 records. I forget what she's on.
13 Q I just kind of wanted to get an idea what
14 kind of -- you know, types of meds she's getting. Then
15 she's up and stays in the chair until four?
16 A Approximately 4:00.
17 Q And then they put her back for her feedings?
18 A Correct.
19 Q Is she still being fed through a G-tube?
20 A Correct.
21 Q Is she on a Foley?
22 A No.
23 Q For urine?
24 A No. She's incontinent.
25 Q She wears a pad?
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p.24 of MS Depo Med Mal Pt 1
1 A She wears a diaper.
2 Q You mentioned they put her in the bed and
3 then they turn the TV on; is that right?
4 A Uh-huh. Correct.
5 Q Thanks. And does she show any signs as far
6 as your observation is concerned of being able to watch
7 and understand what's on the TV?
8 A No.
9 Q Do you know why they do that?
10 A Just to create noise, stimulation.
11 Q Speaking of stimulation, obviously you have
12 seen them in the hospital and in the nursing homes --
13 in the hospitals and in the nursing homes attempt to
14 stimulate her with regard to, say, a pain stimulus or a
15 sound stimulus?
16 A They -- the only thing that I've
17 recognized -- or recalled them doing was the bottom of
18 her feet with a pin.
19 Q Did she seem to respond to that?
20 A Not at the time, no.
21 Q Okay.
22 A That was back in Humana.
23 Q Have you seen her respond at all to noise
24 stimulation; by that I mean sound of a voice or the
25 clap of a hand or something of that nature?
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p.25 of MS Depo Med Mal Pt 1
1 A Yes.
2 Q How does she respond to noise?
3 A She'll jump.
4 Q Who is her main attending physician at the
5 present time?
6 A Dr. Patrick Mulroy.
7 Q And he attends her at Sable Palms?
8 A We go there.
9 Q He goes there?
10 A No, we go to him.
11 Q Oh, you go to him?
12 A Correct.
13 Q Okay.
14 MR. WOODWORTH: It's called the mountain,
15 slash,
16 Mohammed syndrome.
17 MR. DEACON: Okay. There are many physicians
18 who
19 do go to nursing homes.
20 MR. WOODWORTH: It seems to be a inherent
21 characteristic.
22 MR. DEACON: There was a note way back
23 here --
24 MR. WOODWORTH: That I wouldn't interrupt?
25 Sorry
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p.26 of MS Depo Med Mal Pt 1
1 about that. I have a lapse now and then.
2 MR. DEACON: Well, you made it 35 minutes;
3 that's
4 pretty good for you.
5 Q (By Mr. Deacon) Dr. Mulroy is what type of
6 doctor, what's his specialty?
7 A Internist.
8 Q Okay. And where is he located?
9 A 1258 West Bay Drive.
10 Q Largo?
11 A Correct.
12 Q What is it that Dr. Mulroy does for your
13 wife, if anything?
14 A He checks her out, makes sure her heart and
15 lungs are okay, constantly does blood work on her. If
16 we have a problem, we take her to him, you know; she
17 has a constant sore on her toe that he's taking care
18 of, and basic maintenance, skilled maintenance for her.
19 Q Is that a pressure sore on her toe kind of
20 thing?
21 A Yes.
22 Q Who else, if anyone, is seeing her on a
23 regular basis, if anyone?
24 A Nobody, just Dr. Mulroy.
25 Q Okay. Have you noticed any improvement in
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p.27 of MS Depo Med Mal Pt 1
1 your wife at all?
2 A No.
3 MR. DEACON: Off the record.
4 (Whereupon an off the record discussion was
5 held)
6 Q (By Mr. Deacon) When your wife was at
7 Mediplex, who was she seeing there?
8 A As far as doctors?
9 Q Yeah. Who was her main physician at that
10 place?
11 A Dr. Carnahan.
12 Q Have you -- other than the fact that she
13 opened her eyes at the time she left Humana, have you
14 noticed any change in your wife's condition at all
15 between the time she left Humana and today, July 27,
16 1992?
17 A Very, very little.
18 Q And what very little -- very, very little
19 change have you noticed?
20 A She'll respond to noise, she'll respond to
21 pain, and that's it.
22 Q Has Dr. Mulroy or any other physician
23 indicated to you that there will be, within any medical
24 expectation, any substantial change in her condition in
25 the future?
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p.28 of MS Depo Med Mal Pt 2
1 A Nobody has said anything to me.
2 Q Has anyone told you, Michael, there will not
3 be a change in her with any kind of reasonable
4 expectation?
5 A Dr. DeSousa; that was back in Humana.
6 Q Okay. What did he tell you?
7 A He said that as far as he can tell, Terry
8 will only open her eyes.
9 Q And did he mean by that, as far as you
10 understand, that that is as far as she's going to
11 progress?
12 A Right.
13 Q When you say she has her eyes open, does she
14 in any way respond -- can she respond, say if you asked
15 her a question, by blinking her eyes or anything of
16 that nature?
17 A No, she can't.
18 Q Other than the fact that, you know, she has,
19 of course, these, you know, neurological problems, how
20 is her health otherwise?
21 A Basically stable right now.
22 Q Does she have any physical problems that you
23 can see, other than neurological ones?
24 A She has the sore on the toe that's constant.
25 She had a toe removed.
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p.29 of MS Depo Med Mal Pt 2
1 Q Who did that?
2 A I forget the doctor's name.
3 Q When was that done?
4 A Approximately six months ago.
5 Q For the same reason, pressure sore?
6 A Yeah. Pressure sores.
7 Q Other than that, how's her health?
8 A Good. Basically stable right now.
9 Q Has she had periods of time when her health
10 has been other than stable during this time while
11 she's -- let's say while she's been at Sable Palms for
12 the last year?
13 A At Sable Palms?
14 Q Uh-huh.
15 A It's been pretty stable at Sable Palms.
16 Q How about Mediplex, any health problems
17 there?
18 A I don't believe so, no.
19 Q Okay. Has anyone indicated to you that
20 they're going to need to do any type of procedures as
21 far as surgical procedures? You mentioned the cerebral
22 implant that she had, and you also mentioned the
23 amputation due to decubitus ulcer, or whatever it was
24 on her toe. Has anyone indicated to you that she's
25 going to need any further medical treatment in the near
___
p.30 of MS Depo Med Mal Pt 2
1 future?
2 A They've indicated it to me, but they didn't
3 say what.
4 Q And who was that that indicated that to you?
5 A Dr. Mulroy has indicated it to me, Dr.
6 Carnahan has indicated, Dr. Alcazaren.
7 Q That --
8 A He's a Mediplex guy.
9 Q Did they indicate the nature of this
10 procedure?
11 A She didn't indicate -- or they didn't
12 indicate.
13 Q When your wife is in the wheelchair, is she
14 able to hold herself erect or is she braced in the
15 chair?
16 A She's braced in the chair.
17 Q All right. Let me start from the beginning,
18 okay, and that is, when did you meet your wife?
19 A In 1979.
20 Q Where was that?
21 A At Bucks County Community College.
22 Q Were you a student there at the time?
23 A Correct.
24 Q And was she also?
25 A Correct.
___
p.31 of MS Depo Med Mal Pt 2
1 Q When you met her in 1979, was she fairly
2 heavy?
3 A No.
4 Q She was not?
5 A No.
6 Q Okay. And how long did you date her during
7 that period of time?
8 A We dated about five months.
9 Q And then what?
10 A We were engaged for the rest of the time.
11 Q And I think you indicated to me earlier that
12 you were married in '81?
13 A Correct.
14 Q During this period of time, from '79 to '81,
15 was your wife heavy?
16 A No.
17 Q Now, maybe that's -- that's a very subjective
18 term; I apologize for it. I don't know how else to put
19 it. What was her weight during that period of time?
20 A Approximately 145 pounds.
21 Q I'm looking at some medical records -- do you
22 know who her doctor was up there in Pennsylvania?
23 A I never met that doctor, no.
24 Q Do you know --
25 A That was --
___
p.32 of MS Depo Med Mal Pt 2
1 Q -- who any of her doctors were?
2 A No.
3 Q Did she ever mention any names of her
4 physicians, who her family doctor was?
5 A She did, but I never -- I don't remember the
6 names.
7 Q I've got some names, and see if any of these
8 names ring a bell with you, if you would. Dr. John
9 Ickler, I-c-k-l-e-r.
10 A Yes.
11 Q Okay. He was her pediatrician?
12 A Correct.
13 Q Okay. Do you remember her mentioning him?
14 A Yes.
15 Q A doctor, and I don't have a first name, I
16 apologize, a Dr. either Winer or Winer, W-i-n-e-r.
17 A Yes. Yes.
18 MR. WOODWORTH: What kind of a doctor is he?
19 MR. DEACON: I think he's a GP; he's a family
20 doctor, from looking at his records. It looks as
21 though he took care of not only her, but also her
22 family. I'm sure her mother and dad will probably
23 be a
24 better help in that regard.
25 Q (By Mr. Deacon) How about a Dr. Werther.
___
p.33 of MS Depo Med Mal Pt 2
1 W-e-r-t-h-e-r?
2 A Yes.
3 Q Okay. Can you think of any other doctors
4 that she saw that --
5 A Those three sound the most familiar.
6 Q Okay. Looking at a record that I have in
7 1979, when was it that you met your wife, month?
8 A I'm trying to remember. It would be
9 somewhere around September.
10 Q And you think she a weighed about 145 at that
11 point?
12 A Right.
13 Q Okay. I'm looking at a record for February,
14 1979 that indicates that she was 64 and a half inches
15 tall, which would be five foot four and a half, and she
16 weighed 186 pounds; you don't recall her at that
17 weight?
18 A No, I don't
19 Q All right. And I'm looking at another record
20 of March 7, 1981 that indicates her weight was 200; you
21 don't recall her ever getting that high?
22 A No.
23 Q When were you married again?
24 A Can we back up for a minute?
25 Q Yeah.
p.34 of MS Depo Med Mal Pt 2
1 A I was married in '84.
2 Q That's what I thought. I'm thinking of --
3 you know, these don't --
4 A I just looked at my ring.
5 Q That doesn't jive. Okay.
6 A It's '84.
7 Q Because in '81, she was 17.
8 A Yeah.
9 Q Okay.
10 A '84. Sorry.
11 Q Okay. I just wanted to --
12 A I'm not good with dates.
13 Q I noticed that initially, and I don't mean
14 this to be a pest either, so let me get that back. You
15 were married 11/10/84?
16 A '84.
17 Q Okay. So am I correct, then, assuming that
18 you didn't know her when she wore the -- I mean, when
19 she weighed 200, and like that?
20 A No. I didn't know her then, no.
21 Q Okay. And when you met your wife, it
22 wouldn't have been '79?
23 A Can't be '79, no.
24 Q Because in '79 she was 15. It would be fair
25 to assume she wasn't in community college when she was
___
p.35 of MS Depo Med Mal Pt 2
1 15.
2 A I'm terrible with dates. Sorry.
3 Q All right. So you actually met her probably,
4 if I'm not mistaken, you were married in '84, '82.
5 A '82.
6 Q Okay. Thank you.
7 A You're welcome.
8 Q All right. And that makes sense with regard
9 to her weights, because as a matter of fact, in
10 December of '82, she weighed 143 pounds. That sounds
11 right.
12 A Okay.
13 Q Okay? There you go. All right.
14 A I'll be put in the doghouse for that one.
15 MR. WOODWORTH: Nobody will ever know.
16 MR. DEACON: No one will ever know except
17 anybody
18 who might want to read that document.
19 Q (By Mr. Deacon) All right. You met her,
20 then, sometime in the fall of '82?
21 A Right.
22 Q And you started dating and you dated for four
23 months -- or five months and you got engaged, and then
24 stayed engaged until '84, when you were married?
25 A Correct.
___
p.36 of MS Depo Med Mal Pt 2
1 Q During the time that you were engaged -- or
2 actually going together from 1982 to '84, dating and
3 engaged, would it be fair to say that you saw her on a
4 fairly regular basis?
5 A Correct.
6 Q Did you ever note her to have any type of
7 eating dysfunction or eating disorder or any type of --
8 A No.
9 Q -- thing where she wouldn't eat regularly?
10 Did you take her to dinner?
11 A Yes.
12 Q Did she ever -- did she eat normal foods?
13 A Yes, she did.
14 Q And as far as you saw her, she ate normally;
15 is that right?
16 A Correct.
17 Q And did her weight pretty much stay the same
18 during this period of time?
19 A As far as I can tell, yes.
20 Q Okay. In the 140 pound, 145 pound range; is
21 that right?
22 A Right.
23 Q Did she have any times where her weight
24 fluctuated; in other words, she would gain ten, 15, 20
25 pounds and then come back down?
___
p.37 of MS Depo Med Mal Pt 2
1 A When we were dating?
2 Q Yeah.
3 A Not that I could tell, and I really didn't
4 ask questions like that.
5 Q That's true. When you're engaged to a girl,
6 you don't say, you're getting a little porky or
7 something like that, that's right. But as far as you
8 could see from just your observation, she stayed about
9 the same?
10 A Correct.
11 MR. WOODWORTH: I want the record to reflect
12 that
13 I didn't say anything with that porky statement.
14 Okay?
15 MR. DEACON: Well, okay. But you just did
16 something there. Okay.
17 Q (By Mr. Deacon) Now, also during this period
18 of time, did she ever complain to you about any kind of
19 physical problems?
20 A No.
21 Q This is when you were dating.
22 A No.
23 MR. WOODSORTH: Off the record a minute.
24 (Whereupon an off the record discussion was
25 held)
___
p.38 of MS Depo Med Mal Pt 2
1 (Whereupon a recess was taken)
2 MR. DEACON: I told your lawyer before you
3 came in that what I was referring to, I got these
4 notes in front of me, if you're kind of wondering,
5 was some records that I got from up north from Dr.
6 Ickler and also from Drs. Winer, W-i-n-e-r, and
7 Werther, W-e-r-t-h-e-r, just for my recollection
8 and refreshing my recollection as to what I had
9 read there.
10 Q (By Mr. Deacon) We had said -- mentioned the
11 fact that during that time, from 1982 to 1984, as far
12 as you personally were concerned, your wife's weight
13 stayed pretty much constant; is that correct?
14 A Basically, yes.
15 Q In addition to that fact, you didn't know,
16 nor did she complain, of any physical problems; is that
17 correct?
18 A Not to me.
19 Q All right. I note some complaints of
20 headaches in late 1982; do you recall those?
21 MR. WOODWORTH: Let me object to the form of
22 the
23 question.
24 Q (By Mr. Deacon) Did she ever complain to you
25 of headaches -- you're correct -- during that period of
___
p.39 of MS Depo Med Mal Pt 2
1 time?
2 A Not to me, no.
3 Q All right. Did she ever complain to you of
4 complaints of dizziness, particularly when she would
5 get up quickly?
6 A Not that I can recall, no.
7 Q All right. I realize that you were just
8 dating during that period of time, but did she ever
9 complain to you, or make any statements to you that she
10 was having irregular menstrual periods?
11 A Not to me, no.
12 Q Did she ever mention to you that she was on a
13 diet?
14 A Yes.
15 Q Tell me about that, if you will. What did
16 she say to you?
17 A She said when she was younger, she went to
18 Nutri-System.
19 Q Okay.
20 A She was on a diet.
21 Q So she told you that she went through this
22 Nutri-System Program?
23 A Yes.
24 Q Did she tell you how much weight she lost?
25 A No.
___
p.40 of MS Depo Med Mal Pt 2
1 Q During the time that you were dating, from
2 '82 through '84, before you got married, was she on a
3 diet that you know about?
4 A No, she wasn't on a diet.
5 Q And this Nutri-System was before you met,
6 right?
7 A Correct.
8 Q But during the time you were engaged, she
9 wasn't on a diet?
10 A I'm sorry. Say that again.
11 Q During that time you were engaged, before you
12 were married, she was not on a diet as far as you know?
13 A Correct.
14 Q Did she have any unusual eating habits at all
15 during this period of time that you can recall?
16 A Not that I can recall, no.
17 Q Before I forget, did she have any real close
18 friends during that time that you were engaged, I mean
19 female friends?
20 A Yes.
21 Q Do you recall their names?
22 A Sue.
23 Q Okay. One was named Sue, right?
24 A Yeah.
25 Q There was a mention in the Humana record that
___
p.41 of MS Depo Med Mal Pt 2
1 a friend of hers from up north came down to visit her.
2 A Sue.
3 Q That was Sue?
4 A I don't recall her --
5 MR. WOODWORTH: Objection to the form of the
6 question, by the way.
7 MR. DEACON: Okay. I'm --
8 Q (By Mr. Deacon) Do you recall a friend of
9 hers coming down from up north to visit her after her
10 attack?
11 A Yes.
12 Q Okay. And was that lady Sue?
13 A Sue.
14 Q Do you know what Sue's last name is?
15 A That's what I'm trying to remember. Cobb.
16 Q Sue Cobb. And is that her present name? I
17 mean, was that --
18 A I haven't heard from Sue.
19 Q Okay. And where does Sue Cobb live as far as
20 you know?
21 A I have no idea.
22 Q But she lives somewhere in Pennsylvania?
23 A Uh-huh.
24 Q And that's somewhere near where Terry used to
25 live in Huntingdon Valley?
___
p.42 of MS Depo Med Mal Pt 2
1 A I suppose so. I don't know. I haven't heard
2 from her.
3 Q Okay. But you -- do you recall Sue coming
4 down to visit?
5 A Yes.
6 Q Okay. I'm still in that period of time from
7 1982 to 1984 when you were engaged. Did she ever have
8 any complaints to you, she being your wife, that she
9 had problems digesting food?
10 A No.
11 Q Did she ever have any complaints to you of
12 any food intolerance, or types of food that she
13 couldn't eat or if she did eat would make her sick?
14 A When we came to Florida, yes.
15 Q Okay. And what types of food were those?
16 A Cot dairy products, lettuce.
17 Q That was just after you came here?
18 A Correct.
19 Q You don't recall her saying to you that she
20 had problems with dairy foods before she came here?
21 A No.
22 Q Or with salads giving her diarrhea?
23 A No.
24 Q But you do recall her indicating that dairy
25 products and lettuce, she was intolerant to those
___
p.43 of MS Depo Med Mal Pt 2
1 foods, after you got here?
2 A Correct.
3 Q Did she eat those foods?
4 A After she was --
5 Q No, I mean after she got here and she said
6 that she didn't -- she had some intolerance to those
7 foods -- how did she put it to you?
8 A She ate some food and it didn't agree with
9 her; she went to the doctor, came back and the doctor
10 told her not to eat them.
11 Q You were married on November what, 11th?
12 A 10th.
13 Q 10th. '84?
14 A '84.
15 Q Let me ask you the same questions after you
16 got married as I did while you were engaged. Did you
17 notice any type of abnormal eating habits after you
18 were married and before you came to Florida?
19 A No.
20 Q When did you come to Florida?
21 A Dates again. 19 -- no.
22 Q Couldn't have been '70.
23 A I'm trying to think here.
24 Q Let me help you if I can. The last item I
25 have --
___
p.44 of MS Depo Med Mal Pt 2
1 A '87. '87 we came here.
2 Q '87. Okay.
3 A April, '87.
4 Q Okay. After you were married on November 10,
5 1984, up to the time you came to Florida in April of
6 '87, did you note any abnormal eating habits as far as
7 your wife was concerned?
8 A Not that I can recall, no.
9 Q Did you notice any -- I mean, did she seem to
10 eat balanced meals?
11 A As far as I can tell.
12 Q What kind of --
13 MR. WOODWORTH: Are we talking now the entire
14 marriage or just until we came to Florida?
15 Q (By Mr. Deacon) No. I'm restricting these
16 questions, and thank you, you know, for that, I'm
17 restricting these questions from November, '84 until
18 April, '87, which is about a two and a half year period
19 of time.
20 A Before I came to Florida?
21 Q Before you came to Florida.
22 A She ate normally.
23 Q Was she employed during that time?
24 A Yes, she was.
25 Q What did she do?
___
p.45 of MS Depo Med Mal Pt 2
1 A She worked for Prudential.
2 Q And from -- and for what period of time?
3 A She started five months before we got
4 married, so that would be '84.
5 Q And she worked there all during the time up
6 to the time you left?
7 A Right. She transferred.
8 Q Did she complain of any food intolerance at
9 that time, from the time you were married until the
10 time you came to Florida?
11 A Not that I can recall.
12 Q She was seeing a doctor now and then; was she
13 not?
14 A Which doctor?
15 Q Dr. Winer and Werther?
16 A As far as I can tell. I'm -- when we were
17 married?
18 Q Yes.
19 A No, she didn't see them when we were married.
20 Q Okay.
21 A We were only up there a year when we got
22 married.
23 Q Did her weight remain normal for those two
24 and a half years?
25 A Fluctuated up and down a little bit, not
___
p.46 of MS Depo Med Mal Pt 2
1 much; basically the same.
2 Q Can you give me a weight range, if you're
3 able to?
4 A No, I can't
5 Q About the same as when you met her, which is
6 about 145 before?
7 A Fluctuated, like I said, up and down a little
8 bit.
9 Q Was she on any particular diets?
10 A No.
11 Q Did you note that your wife, during this
12 time, between November, 1984 and April of 1987, was
13 drinking any kind of large quantities of iced tea or
14 other liquids?
15 A She was -- used to drink a lot of Coke.
16 Q What do you mean by a lot?
17 A I can't give you an estimate, but it was a
18 good amount.
19 Q From just your observation, how many Cokes a
20 day?
21 A Five.
22 Q What about iced tea?
23 Q Not that I can recall, no.
24 MR. WOODWORTH: We're still talking '84 to
25 '87?
___
p.47 of MS Depo Med Mal Pt 2
1 MR. DEACON: Same time, right. The same time
2 period.
3 MR. WOODWORTH: Okay.
4 Q (By Mr. Deacon) Was she on a diet at that
5 time?
6 A No.
7 Q During that time, did she complain of any
8 physical problems that you can recall, any illnesses,
9 headaches, upset stomachs?
10 A Not that I can recall.
11 Q Now, you mentioned your wife was working at
12 Prudential; what were her hours at Prudential?
13 A Back then it was, I think, eight to four.
14 Q Eight a.m. to four p.m., right?
15 A Yeah.
16 Q Okay. Were you working at that time?
17 A Yes.
18 Q And where were you working?
19 A At McDonald's.
20 Q And what were you doing there?
21 A Manager.
22 Q And your hours?
23 A Fluctuated from five in the morning to one,
24 or ten to six, or four to close.
25 Q So you had fluctuating hours?
___
p.48 of MS Depo Med Mal Pt 2
1 A Yeah. Basically closing.
2 Q If you worked at closing, it would be four to
3 close; is that right?
4 A Right.
5 Q Okay. During this period of time, did you
6 notice your wife having any -- did you notice your wife
7 having any menstrual periods during this -- I mean,
8 any -- I'm sorry, any menstrual problems during this
9 time?
10 A Not that I can recall.
11 Q Did her periods seem to be regular?
12 A As far as I can tell.
13 Q Did she ever say anything to you, Mike, I'm
14 concerned about the fact that I'm not getting a period,
15 or my periods aren't coming regularly, during that
16 time?
17 A Before we moved here?
18 Q Yes, sir.
19 A No, not that I can recall.
20 Q Okay. Do you recall her seeing the doctor at
21 all for irregular periods during that time?
22 A No, I don't recall.
23 Q Was there a time when she thought she was
24 pregnant before you got here?
25 A I really don't recall.
___
p.49 of MS Depo Med Mal Pt 2
1 Q Were her parents, Mr. and Mrs. Schindler,
2 living in Pennsylvania during this time also, or did
3 they come to Florida beforehand?
4 A Could you rephrase that, please?
5 Q Okay. When did Mr. and Mrs. Schindler come
6 to Florida?
7 A Three months after we did.
8 Q Okay. So would it be fair to say that during
9 the time that you were there and you were married,
10 living in Pennsylvania, Mr. and Mrs. Schindler were
11 also living nearby?
12 A Correct.
13 Q They were living in Huntingdon Valley?
14 A Correct.
15 Q And you were living in Levittown?
16 A No. We moved to Huntingdon Valley.
17 Q So you were living in Huntingdon Valley also?
18 A Yeah.
19 Q Were you living with them?
20 A No.
21 Q You had your own place?
22 A Correct.
23 Q Was there anyone else living with you besides
24 you and your wife?
25 A No.
___
p.50 of MS Depo Med Mal Pt 2
1 Q In your own place?
2 A Just us.
3 Q Okay. I think you indicated that you didn't
4 remember her at any time during the time you were in
5 Pennsylvania thinking that she was pregnant.
6 A Let me think back for a minute. As a matter
7 of -- yes. As a matter of fact, I remember her --
8 yeah.
9 Q Okay. Do you know why that was?
10 A Why we thought she was pregnant?
11 Q Yes.
12 A Because I guess she missed her period.
13 Q Was she, in fact, pregnant?
14 A No. No.
15 Q Let me back up just a little bit. During the
16 time from the time you became engaged until you left to
17 go to Florida, was your wife ever hospitalized to your
18 knowledge?
19 A No.
20 Q During this time, did you have any physical
21 problems at all?
22 A No.
23 Q Other than the doctors whose names I've
24 mentioned, Dr. Ickler, Dr. Winer or Winer and Dr.
25 Werther, do you recall the names of any other
___
p.51 of MS Depo Med Mal Pt 2
1 physicians that she saw?
2 A No, I don't. I think they're the basic --
3 Q Was your --
4 MR. WOODWORTH: Wait a minute.
5 MR. DEACON: I'm not saying she did, I just
6 wondered if there was. I don't know of any.
7 MR. WOODWORTH: Okay.
8 MR. DEACON: I do not know of any other
9 doctors
10 that she saw. I'm not trying to sandbag you with
11 that
12 question.
13 MR. WOODWORTH: I know you wouldn't try to
14 sandbag me. I'm just confused because I thought
15 he testified that to his knowledge she didn't see
16 any doctors during the period of their marriage up
17 there, so that puts the form of your question
18 somewhat in doubt in my mind.
19 MR. DEACON: Okay. I take that back.
20 Q (By Mr. Deacon) My question was other than
21 those doctors, during the time, let's say, that you
22 were engaged and/or married, do you recall any other
23 physicians that she saw?
24 A No, I don't.
25 Q Was your wife taking any medication, first of
___
p.52 of MS Depo Med Mal Pt 2
1 all during the time that you were engaged?
2 A No.
3 Q Was she taking any medication as far as you
4 know during the time that you were married, from
5 November of '84 until April of '87, before you came to
6 Florida?
7 A Not that I can recall.
8 Q Did she ever complain to you of being dizzy
9 or lightheaded at any time during the time that you
10 were married?
11 A Before we moved to Florida or after?
12 Q No. Before you moved to Florida.
13 A Not that I can recall.
14 MR. WOODWORTH: I feel like I'm in a
15 different
16 world. Didn't you already ask him that?
17 MR. DEACON: I'm not sure.
18 MR. WOODWORTH: Doesn't matter. Forge ahead.
19 MR. DEACON: Okay.
20 (By Mr. Deacon) Prior to your coming to
21 Florida, did your wife take any diuretics, either over
22 the counter or by prescription, that you knew about?
23 A No, she did not.
24 Q Let's go from the time you moved to Florida
25 forward, if we can. And I think you indicated you
___
p.53 of MS Depo Med Mal Pt 3
1 moved here in April of --
2 A '87.
3 Q -- '87. And we already know that I'm not
4 going to hold you to dates.
5 A Yes.
6 Q Okay.
7 A Don't do that.
8 Q Okay. I won't do that. The first indication
9 that I have after you moved to Florida of your wife
10 seeing any physicians, was she saw Dr. Prawer,
11 P-r-a-w-e-r, a family physician, initially in -- let me
12 get the dates straight here -- October -- October 20,
13 1987. Did your wife, to your knowledge, see any other
14 physicians in Florida before seeing Dr. Prawer in
15 October of '87?
16 A No, she did not.
17 MR. WOODWORTH: Can we go off the record a
18 minute?
19 MR. DEACON: Yes, sir.
20 (Whereupon an off the record discussion was
21 held)
22 MR. DEACON: Let me go back on the record, if
23 I
24 can, with regard to that.
25 Q (By Mr. Deacon) Mr. Schiavo, your attorney's
___
p.54 of MS Depo Med Mal Pt 3
1 pointed out to me that contained in Dr. Prawer's
2 records which I just pulled out of my satchel is a
3 record that says Humana Med First --
4 MR. WOODWORTH: Wait a minute. We don't know
5 if
6 that's a part of Dr. Prawer's records.
7 MR DEACON: No. No. I know that. I said
8 contained in Dr. Prawer's, that's where they were
9 in my
10 records and that's where they were -- I don't
11 know.
12 Q (By Mr. Deacon) But to make a long story
13 short, I have a record that is dated 9/26/86, that is
14 obviously a record generated in this county, in
15 Pinellas County, Florida, because it refers to a doctor
16 who is a Pinellas County doctor, a Dr. O-s-h-e-r, Dr.
17 Osher, who is an orthopedic surgeon in this town.
18 Could it be, sir, that when you mentioned you moved
19 here to Florida in April of '87 it was really April of
20 '86?
21 A No. It was April of '87.
22 Q Okay. Did she come down here before you any
23 period of time?
24 A Nope.
25 Q Let me ask you this question. Does the phone
___
p.55 of MS Depo Med Mal Pt 3
1 number 381-2707 have any significance to you?
2 A None whatsoever.
3 MR. WOODWORTH: What is it, 381?
4 MR. DEACON: 381-2707.
5 Q (By Mr. Deacon) Do you know what your phone
6 number was at the first place you lived when you came
7 here?
8 A No, but it was an 866 number.
9 Q 866? Okay. I have another document from the
10 Prudential HMO, the big stamp on the side, which is
11 obviously just a receipt stamp from Woodworth and
12 Dugan, Chartered, that has the name Theresa Schiavo,
13 employment date -- either that or effective date, I
14 can't read it, 9/22/86, ID number 16360578901, a little
15 card with Prudential on it. Indicating -- and on the
16 top it says Pru Care HMO. And underneath t it has
17 the name Prawer, P-r-a-w-e-r, Joel, S., M.D., phone
18 number 813-867-2151.
19 MR. WOODWORTH: I think that's a membership
20 card
21 in the Pru Care system.
22 MR. DEACON: It certainly is, but it's dated
23 1986.
24 MR. WOODWORTH: Let's go off the record a
25 minute.
___
p.56 of MS Depo Med Mal Pt 3
1 MR. DEACON: Yes, sir.
2 (Whereupon an off the record discussion was
3 held)
4 Q (By Mr. Deacon) But as far as you can
5 recall, it was April of '87 when you moved here?
6 A As far as I can recall.
7 Q Okay. After you moved here in 1980 --
8 whatever it was, '87, we'll say -- you mentioned the
9 fact that as far as you can recall, the first doctor
10 she saw was Dr. Prawer; is that correct?
11 A Correct.
12 Q And that was October 20, 1987; if you know?
13 A I don't know the date.
14 Q She was mentioning -- okay. Do you recall
15 her having a problem with a lump on her breast?
16 A Yes.
17 Q Do you recall her having a problem with warts
18 on her toe?
19 A Yes.
20 Q Was she having any other problem in the fall
21 of '87 that you can recall for which she would have
22 seen a doctor?
23 A No.
24 Q Up to this time when you first -- from the
25 time you first moved to Florida until the time she went
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p.57 of MS Depo Med Mal Pt 3
1 to see Dr. Prawer, did she make any complaints to you
2 of the fact that she was having any kind of irregular
3 periods or was missing periods?
4 A No, she did not.
5 Q Did her periods seem to be regular to you?
6 A Yes.
7 Q Were you at that time -- let me back up a
8 little bit further. Were you, from the time of your
9 marriage up until this time, the fall of '87,
10 practicing birth control?
11 A Yes.
12 Q Okay. And what means were you using?
13 A Condoms.
14 MR. WOODWORTH: Was she ever on birth control
15 pills?
16 THE DEPONENT: No.
17 MR. DEACON: That was my next question.
18 Thank you
19 very much.
20 Q (By Mr. Deacon) I just want to, you know,
21 she was never on birth control pills during your
22 marriage?
23 A No, she was not.
24 MR. WOODWORTH: Was there any reason for
25 that?
___
p.58 of MS Depo Med Mal Pt 3
1 Did they make her feel bloated up or something?
2 THE DEPONENT: No. She just never took them.
3 MR. DEACON: Did you get that? Put that in
4 the
5 record. Thank you very much.
6 MR. DEACON: If you want to ask a question
7 during this, Glen, you know, because I know how
8 you are, notwithstanding promises made early on,
9 you go right ahead and ask the question, because
10 if it's something for clarification or whatever, I
11 have no problem with you doing that. I wouldn't
12 want you to sit there and blow up, you know, and
13 burst, so you go ahead and ask questions.
14 Q (By Mr. Deacon) Other than condoms, did you
15 use any other type of birth control?
16 A No.
17 Q I think you indicated that up to this time
18 you had no indication that your wife had any type of
19 irregularity as far as her periods were concerned?
20 A No indication at all.
21 Q When you came here initially, I understand
22 she transferred to Prudential, right?
23 A Correct.
24 Q And she was a field representative; I think
25 that was the term.
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p.59 of MS Depo Med Mal Pt 3
1 A Correct.
2 Q What were her working hours?
3 A Seven to 3:15, I think.
4 Q And were you employed?
5 A Yes.
6 Q What was the first job you got here?
7 A With Olga's Kitchen.
8 MR. WOODWORTH: Who's kitchen?
9 MR. DEACON: Olga's.
10 THE DEPONENT: Olga's.
11 MR. WOODWORTH: I wouldn't work for anybody
12 by the name of Olga. Don't put that on there.
13 MR. DEACON: You got that down? Ask him
14 about if the name Olga conjures up whips and
15 chains to him, or something like that. You can
16 delete that part.
17 MR. WOODWORTH: No. No. No.
18 MR. DEACON: No, leave that part in then.
19 Leave that part in then; that's fine with me.
20 THE DEPONENT: It was a job.
21 MR. WOODWORTH: We all know that you're a
22 whipper and a chainer, or a whippee and a chainer.
23 MR. DEACON: No, I was referring to you and
24 what I know about you.
25 Q (By Mr. Deacon) Olga's Kitchen, what did you
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1 ERRATA SHEET
Instructions:
2 Please read the original transcript of your
deposition and make note of any errors in transcription
3 on this page. Do not mark on the original transcript
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23 MICHAEL SCHIAVO
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DATE
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p.60 of MS Depo Med Mal Pt 3
1 do there?
2 A Assistant manager.
3 Q And where is that located?
4 A Clearwater Mall.
5 Q Clearwater Mall?
6 A Uh-huh. Right.
7 Q Is that the one that's on U.S. 19 and
8 Gulf-to-Bay?
9 A Correct. Correct.
10 Q And what were your working hours there?
11 A Basically 12 to ten.
12 Q 12 noon?
13 A To ten.
14 Q Ten p.m.?
15 A P.m..
16 Q How long were you there?
17 A Year and a half, approximately year and a
18 half.
19 Q And where did you go from there?
20 A I went to the Breckenridge Resort Hotel.
21 Q What did you do there?
22 A I was the dining room manager.
23 Q And what was your work time there; in other
24 words, what times of day did you work?
25 A 3:00 in the afternoon until one or 2:00 in
___
p.61 of MS Depo Med Mal Pt 3
1 the morning.
2 Q What days of the week did you work both at
3 Olga's and at Breckenridge?
4 A Fluctuated.
5 Q In other words, you could --
6 A I mean, the schedule changed every week.
7 Q Okay. Fluctuating days?
8 A Right.
9 Q All during this time, am I correct in
10 assuming, up to the time of the incident involving your
11 wife on February 25, 1990, she continued to work at
12 Prudential; is that correct?
13 A Correct.
14 Q And she worked pretty much these same hours
15 all during that time?
16 A Correct.
17 Q Okay. How long were you working at the
18 Breckenridge?
19 A Approximately a year and a half, two years.
20 Q Okay. And then where did you go from there?
21 A Dolphin Beach Resort.
22 Q Okay. Dolphin Beach?
23 A Uh-huh.
24 Q How long did you work there?
25 A That was maybe about three weeks.
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p.62 of MS Depo Med Mal Pt 3
1 Q Okay. What did you do there?
2 A Food and beverage manager.
3 Q And your hours there?
4 A Basically all day, all night.
5 Q Okay. And then from there did you go -- from
6 there, where did you go?
7 A Then I went to the Columbia. I opened up The
8 Pier.
9 Q And how long did you work there?
10 A Two years approximately.
11 Q Okay. Let me tell you something right now.
12 Right now you are into the year 1992, by your own
13 calculations.
14 A Am I?
15 Q Yeah.
16 A Told you I was bad at dates.
17 Q And you haven't gone to Agostino's yet, where
18 you were working when your wife had her attack. Okay.
19 Because if you came here in April of '87, right, and
20 you worked a year and a half at Olga's and a year and a
21 half in Breckenridge back in 1990
22 A I said they were approximate dates.
23 Remember, I said I'm not good with dates.
24 Q I remember that. All right. We'll put
25 little question marks by -- the three weeks is probably
___
p.63 of MS Depo Med Mal Pt 3
1 valid, right, at the --
2 A Yeah.
3 Q -- at the Dolphin?
4 A That was just a stop-over between --
5 Q All right. The Columbia you worked a couple
6 years, you think?
7 A Approximately.
8 Q Okay.
9 A I opened it up and I was there for a while.
10 Q What did you do?
11 A I was dining room manager.
12 Q And what were your hours there?
13 A Basically two in the afternoon until two in
14 the morning.
15 Q And where did you go after that?
16 A Agostino's.
17 Q Okay. And how long were you there before
18 your wife had her attack? Go ahead. I just want --
19 this is -- this is a test.
20 A Approximately two years.
21 Q Okay. I realize you're not very good at
22 dates and you missed your wedding date by, you know,
23 like five years, but other than that --
24 A Well, we all can't be perfect.
25 Q We all can't be good, I'm not either, you
___
p.64 of MS Depo Med Mal Pt 3
1 know, so let me just say this, I realize these are
2 guesstimates on your part, and I'm not going to hold
3 you to any of these. Okay. What did you do at
4 Agostino's?
5 A General manager.
6 Q And your working hours there?
7 A From ten in the morning until ten, 11, 12 at
8 night.
9 Q All right. What were your days of week at
10 both Columbia and Agostino's?
11 A Days?
12 Q In other words, what days did you work?
13 A Agostino's it was Monday through Saturday.
14 Columbia, it was Monday through Saturday, practically.
15 It was a brand new restaurant; we worked every day.
16 Q Seven days, right?
17 A Yeah. Worked every day.
18 Q It would be, then, looking at just what
19 you've told me, correct to assume that because your
20 wife worked seven a.m. to 3:15 and you worked, looks
21 like either noon or two or three or ten 'til midnight,
22 or after that, you didn't see each other much other
23 than on Sundays?
24 A Correct.
25 Q Okay. During this time, the time from when
___
p.65 of MS Depo Med Mal Pt 3
1 you came to Florida until your wife had her seizure or
2 attack on February 25, did your wife, to your
3 knowledge, have any type of an eating disorder or
4 dysfunction of any kind?
5 A To my knowledge, no.
6 Q Did she have any weight fluctuation -- I'm
7 talking between 4/87, which is your estimate of when
8 you got here, and March of '90, did she have any weight
9 fluctuation to any degree that you could see?
10 A Yes.
11 Q Okay. And what happened during that time?
12 A She lost weight. What do you mean what
13 happened during that time?
14 Q Well, she lost weight?
15 A Uh-huh.
16 Q Okay. How much weight?
17 A Sometimes 20, 25 pounds.
18 Q Was her weight fluctuating back and forth?
19 A Yes.
20 Q In other words, she'd lose 20, 25 pounds and
21 she'd put some of it back on?
22 A That's a guesstimate, 20, 25 pounds.
23 Q Okay. Did she take it off and keep it off?
24 A She put it back on; it would fluctuate.
25 Q Did you ever ask her how she was doing that,
___
p.66 of MS Depo Med Mal Pt 3
1 was she on some kind of a diet or Nutri-System or --
2 A No, I never -- never did.
3 Q So you don't know how that happened; is that
4 correct?
5 A I -- that's correct, sir.
6 Q Okay. Did she tell you, Mike, I'm on a diet?
7 A No, she did not.
8 Q Did you inquire of her how it was that she
9 was losing this weight?
10 A I think I briefly asked her one time, and she
11 said she was just watching what she was eating.
12 Q Was that right after you got here or was that
13 during the whole period of time that you were here up
14 to --
15 A Just after we got here.
16 Q Okay. Did she get it down to a certain
17 weight and seem to maintain it for a while?
18 A Sometimes I noticed that, yeah.
19 Q Okay. But all she told you was she was just
20 watching what she was eating?
21 A Correct.
22 Q And from your observation, she did not appear
23 to have any kind of a eating disorder of any kind?
24 A Not to my observation.
25 Q When you saw her on the weekend, in other
___
p.67 of MS Depo Med Mal Pt 3
1 words on Sunday, when you -- were you able to spend the
2 day with her?
3 A Correct. Yes.
4 Q Would she eat normally?
5 A Yes.
6 Q Tell me what she would eat.
7 A In the morning she'd wake up, she'd make
8 herself a huge omelette, and usually we would stop and
9 have lunch somewhere, and then she would eat dinner.
10 Q Did she -- you mentioned that she had an
11 intolerance to milk products and lettuce. Did she --
12 what kind of foods would she eat?
13 A She'd have tune fish, she loved fish,
14 spaghetti, pastas.
15 Q And as far as you know, was she eating
16 normally during this period of time otherwise, I mean,
17 on the days that you weren't there to see her? In
18 other words, I realize, for the most part, you never
19 saw her Monday through Saturday.
20 A Right.
21 Q Did you have any indication either from her
22 friends or family or from her that she wasn't eating
23 normally?
24 A No.
25 Q And that's up to the time that she had this
___
p.68 of MS Depo Med Mal Pt 3
1 attack in February?
2 A Yes.
3 Q Did you ever say anything to her like begging
4 her to eat normally; did you ever do that?
5 A Once in a while I would tell her to put a
6 little weight on, but, you know --
7 Q Did you ever have to remind her to eat a
8 balanced diet?
9 A No.
10 Q How about consumption of liquids during this
11 time, particularly at the time just near the time when
12 she had this attack in February, by that I mean was she
13 consuming large quantities of liquid?
14 A Iced tea.
15 Q Tell me about that. What did you observe?
16 A She would drink a lot of iced tea.
17 Q And the word a lot has a different meaning.
18 A I can't put it into size, but an awful lot.
19 Q Okay. Well, from your observation, because
20 you were with her on Sundays, how many glasses or how
21 many gallons or how many quarts or --
22 A I would say she was drinking at least close
23 to a gallon.
24 Q Did she have social friends, I mean friends
25 that she hung out with when you were working and, you
___
p.69 of MS Depo Med Mal Pt 3
1 know, she did things with?
2 A Yes.
3 Q Who were her social friends?
4 A She had a girlfriend Jackie Adams.
5 Q Jackie Adams. Jackie also works at
6 Prudential; is that correct?
7 A Correct.
8 Q Who else?
9 A That was basically her closest friend.
10 Q Any other names that you can think of?
11 A She was friends with Terry Welch.
12 Q Terry Welch, W-e-l-c-h?
13 A Correct.
14 Q Do you know where Terry works?
15 A Prudential.
16 Q Okay. Any other friends that you can recall
17 the names?
18 A Acquaintance, but nothing real close.
19 Q I had the name Sue Schwartz.
20 A She was friends, but that was --
21 Q Not that close?
22 A Nothing, they didn't go out. She was much
23 older lady; she was the office manager.
24 Q Oh, okay.
25 Q Who else that you can think of?
___
p.70 of MS Depo Med Mal Pt 3
1 A Girl named Mary Ann. Mary Ann --
2 Q You don't remember Mary Ann's last name?
3 A I'm trying to think of it. Mary Ann -- I
4 don't remember Mary Ann's last name. It will come to
5 me.
6 MR. WOODWORTH: Let's go off the record a
7 minute.
8 MR. DEACON: Sure. Go ahead.
9 (Whereupon an off the record discussion was
10 held)
11 (Whereupon a recess was taken)
12 MR. DEACON: I want the record to reflect
13 that Attorney Glenn Woodworth had to leave this
14 deposition and he's being replaced by Attorney
15 Heather Harwell, who will be here possibly to the
16 end. Okay.
17 Q (By Mr. Deacon) We were talking, I think,
18 about the time, now that you're here, between the time
19 you arrived, you think was April of 1987, until your
20 wife's attack in February of 1990. Now, I asked you
21 the names of some of her friends, and you mentioned
22 Jackie Adams, Terry Welch and a Mary Ann, you didn't
23 know about her last name. Can you think of anybody
24 else?
25 A Those come to mind the most.
___
p.71 of MS Depo Med Mal Pt 3
1 Q Were they all at Prudential?
2 A Correct.
3 Q Did you socialize with these people at all;
4 in other words, on the weekends when you'd be home --
5 A No.
6 Q -- or like that? Okay. What kind of things
7 did your wife do while you were working? I realize she
8 had that period of time from, say, 3:30 until evening
9 as far as activities, social activities, things like
10 that.
11 A Sometimes she'd go visit her mom and dad, she
12 would -- she was much into arts and crafts, she'd go
13 shopping, do the house work, laundry.
14 Q Did you ever have conversations with her
15 friends, particularly Jackie Adams, who was her close
16 friend?
17 A Conversations --
18 Q Just, you know, would she drop over on the
19 weekend or something like that, or you'd go out there
20 and see her?
21 A No.
22 Q Or something of that nature?
23 A No.
24 Q Okay. Did any of her friends at any time
25 ever advise you that they thought your wife had any
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p.72 of MS Depo Med Mal Pt 3
1 kind of a eating disorder or a problem with ingesting
2 food or drinking --
3 A Before the incident?
4 Q Before the incident?
5 A No.
6 Q Okay. I haven't gotten to the after the
7 incident yet; we're going to get to that. Did anyone
8 ever tell you that they felt that your wife had any
9 kind of an eating disorder?
10 A No, not that I can recall.
11 Q Other than the fact that you knew she drank a
12 lot of iced tea, were you aware that she had any kind
13 of eating disorder where she didn't eat food that much?
14 A I was not aware of it.
15 Q Did you ever talk to the Schindlers, her
16 parents, about any kind of a nutritional or eating
17 disorder?
18 A I didn't think I had to.
19 Q Well, I didn't ask that, I said did you ever.
20 A No, I didn't.
21 Q All right. Now, she was, during this period
22 of time, seeing Dr. Prawer; was she not?
23 A Correct.
24 Q What was the main reason why she was seeing
25 Dr. Prawer as far as you know? I've got his notes, so
___
p.73 of MS Depo Med Mal Pt 3
1 I'm not holding you to that, but --
2 A You want every reason or just --
3 Q Yeah. Why was she going there?
4 A Well, she had the warts removed.
5 Q Okay.
6 A She had that lump on her breast.
7 Q Okay.
8 A And she was going to see him for lightheaded
9 and dizziness.
10 Q Lightheaded and dizziness, right?
11 A Uh-huh.
12 Q When did she start becoming lightheaded and
13 dizzy?
14 A Maybe about four or five months before the
15 incident.
16 Q How often was that?
17 A I can't give you a number. I mean, I have
18 noticed -- I noticed it maybe three, four times.
19 Q Tell me about the occasions when you noticed
20 it.
21 A One occasion, my brother and his wife were
22 down, we were at Disney World and she nearly fainted.
23 My brother had to carry her out of the building.
24 Q What -- tell me about that. Where were you;
25 in other words, what pavilion or --
___
p.74 of MS Depo Med Mal Pt 3
1 A I don't remember what pavilion.
2 Q Okay. You were at Disney?
3 A Yes.
4 Q What time of year was it?
5 A It was like March, February, March.
6 Q Okay. Let me just say to you that again
7 doesn't compute because she passed out at the end of
8 February, and it was four or five months before that;
9 it would be sometime in the winter or fall --
10 A All right. I'm sorry, you're right. It was
11 four or five months before.
12 Q Okay. I'll stick with that one. Okay. What
13 had you been doing before then?
14 A Before we went to Disney World?
15 Q Before she started feeling lightheaded and
16 almost passed out?
17 A Just standing there and we were talking.
18 Q What time of day was it?
19 A I think it was around 11:00, ten, 11:00.
20 Q So it was morning?
21 A Yeah.
22 Q Okay. Late morning. And had you gotten
23 there that day or had you been there a while?
24 A No, we just went down there for the day, no.
25 Q Okay. What day of the week was it; do you
___
p.75 of MS Depo Med Mal Pt 3
1 recall?
2 A I don't recall what day of the week it was.
3 Q And who was with you again?
4 A My brother and his wife and their son.
5 Q Had you noted whether or not your wife had
6 eaten anything that morning before this?
7 A We had breakfast.
8 Q Okay.
9 A I do believe we had breakfast.
10 Q Do you know what she ate?
11 A Huh-uh. No.
12 Q That's a no, right?
13 A Yes. No.
14 Q Okay. What's your brother and wife's name?
15 A Steve and Pam.
16 Q And where do they live?
17 A In Levittown, PA.
18 Q Okay. What other times do you recall -- I'm
19 sorry. Had she taken any medication or anything of
20 that -- that day?
21 A No.
22 Q All right. What other times do you recall
23 when she was lightheaded or dizzy?
24 A Oh, we were at a -- we met this elderly
25 couple that we knew and they invited us up to a pool
___
p.76 of MS Depo Med Mal Pt 3
1 bar where they belonged.
2 Q Do you remember what their names are?
3 A Helen and John O'Neill. John has since
4 deceased.
5 Q Okay. And what did you do? You went to a
6 pool bar?
7 A Yeah.
8 Q And what happened?
9 A She just started getting lightheaded and
10 almost fainted.
11 Q Had she had anything alcoholic to drink?
12 A No. She was drinking iced tea.
13 Q I read somewhere that she had some sort of a
14 reaction when she drank rum.
15 A That was another night we were all out, yes.
16 Q Tell me about that.
17 A We were all -- they were -- it was my father,
18 mother-in-law, a couple of friends, they came up to see
19 me at the Breckenridge, and she had a coffee drink that
20 had rum in it, and she got hives all over her body.
21 Q She didn't get lightheaded, she just got
22 hives?
23 A No, she just got hives and she got real hot.
24 Q Did your wife drink alcoholic beverages much?
25 A No.
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p.77 of MS Depo Med Mal Pt 3
1 Q Did she smoke?
2 A No.
3 Q Can you think of any other occasions when she
4 became lightheaded during -- we're talking now about
5 the period of time up to the time when she had her
6 seizure, her attack.
7 A I can't recall any with me.
8 Q All right. Now, you mentioned as far as you
9 knew on the time -- with the time she was at Disney,
10 she wasn't taking any medications; is that correct?
11 A Could you rephrase that again?
12 Q You mentioned that at the time she had this
13 problem where she almost fainted at Disney, she was not
14 taking any medications?
15 A She was on no medication at all.
16 Q Okay. During this period of time, from the
17 time she started seeing Dr. Prawer to the time she had
18 her attack, was she on any medication, was she taking
19 any medication at all that you're aware of?
20 A Dr. Prawer wise?
21 Q Anybody.
22 A Dr. Igel gave her medication.
23 Q Okay. Tell me what Dr. Igel did.
24 A When she wasn't getting her periods, he gave
25 her the Progesterone test or challenge.
___
p.78 of MS Depo Med Mal Pt 3
1 Q Okay.
2 A I don't believe Dr. Prawer -- well, he gave
3 her -- now, how far are we going back now?
4 Q From the time she started seeing Dr. Prawer,
5 which was on 10/28/87, up to the time --
6 A Okay. You'll have to refer to his records
7 because --
8 Q Okay. I've got his records in front of me.
9 A -- she was on -- when he removed her wart.
10 Q Okay.
11 A He gave her something for pain.
12 Q Okay. Now, first of all, Dr. Igel gave her
13 some Provera or Progesterone to --
14 A It's a challenge to bring on her period.
15 Q Right. I'm going to get back to that, but
16 let me -- let me check with -- first of all, I'm still
17 on medications. I have Dr. Prawer's records in front
18 of me, and let me refer, if I can. Are you aware of
19 anything that Dr. Prawer gave her other than the stuff
20 for her toe?
21 A I can't recall anything, but I'm not saying
22 he did.
23 Q I'm looking at his records, and we also took
24 his deposition. He gave her an inhaler. Do you recall
25 her taking that inhaler? It's called -- it's called
___
p.79 of MS Depo Med Mal Pt 3
1 Beconase, B-e-c-o-n-a-s-e.
2 A Yes. Yes. Yes.
3 Q All right. What problem was she having that
4 she wanted an inhaler?
5 A I believe it was sinus problems.
6 Q Okay. Did she suffer from sinus problems?
7 A Not -- it was very rare.
8 Q Okay. But rarely she did, right?
9 A Rarely she suffered from them.
10 Q Okay.
11 A If I recall right.
12 Q Okay. Also, it's mentioned here that he
13 prescribed Seldane, S-e-l-d-a-n-e. 60 milligrams by
14 mouth twice a day.
15 A Probably with the Beconase, yes, they usually
16 do that.
17 Q Do you recall her taking the Seldane?
18 A Yes, I do.
19 Q How often would she take it?
20 A Whenever Dr. Prawer prescribed it.
21 Q Did she take Seldane from your prescription,
22 too?
23 A No, she did not.
24 Q Did you take Seldane?
25 A I don't -- I don't recall if I got some from
___
p.80 of MS Depo Med Mal Pt 3
1 Dr. Prawer or not.
2 Q What other medications was she taking at all,
3 if you know?
4 A None. Just whatever Dr. Prawer gave her.
5 Q Was she taking any -- were there any other
6 medications in the house that she may have been taking?
7 A No.
8 Q Were you on any medication?
9 A When?
10 Q During this time, let's say, 30 days or so
11 before February 25.
12 A No. That I -- that I can recall.
13 Q Can you recall when the last time she took
14 the Seldane was before February, 1990?
15 A The last time?
16 Q Yes, sir.
17 A I don't even think we had Seldane in the
18 house.
19 Q Okay. So it was all gone by that time?
20 A Whenever he -- Dr. Prawer prescribed it and
21 the refills ran out.
22 Q What other medications were in the house?
23 I'm talking about -- what medications were in the house
24 on February 25, 1990; if you can recall?
25 A Valrelease.
___
p.81 of MS Depo Med Mal Pt 3
1 Q Okay. Whose medication was that?
2 A Mine.
3 Q And what was that for?
4 A Back pain.
5 Q That's a Valium derivative?
6 A Yeah. Yes.
7 Q What else do you recall?
8 A There was Progesterone that Dr. Igel gave
9 her.
10 Q Okay.
11 A And I think there was some left-over Tylenol
12 Three from when he gave her for her toe, or whatever
13 that was, pain medicine.
14 Q Percocet?
15 A Might have been it, yeah.
16 Q Anything else?
17 A Nope. Nothing. Vitamins.
18 Q Where did your wife have her medications
19 filled?
20 A At -- we had to use the Walgreen's.
21 Q Okay. I had asked if you -- do you have any
22 of those bottles left, any prescription bottles either
23 for the Progesterone or the Seldane, anything of that
24 nature?
25 A I have the Progesterone at home.
___
p.82 of MS Depo Med Mal Pt 3
1 Q Okay. Was that filled at Walgreen's?
2 A I believe so.
3 Q Okay.
4 A It was a Walgreen's on --
5 Q You didn't bring any of the bottles with you?
6 A No, I did not.
7 MS. HARWELL: We can get them to you.
8 MR. DEACON: Okay. Would you do that?
9 Because
10 according to Walgreen's, they don't have any
11 record of
12 anything being filled there.
13 THE DEPONENT: It was a Walgreen's right by
14 Duhme
15 Road. We had to go all the way up there to get
16 them.
17 MR. DEACON: Okay. If you could do that, I'd
18 appreciate it. Okay.
19 MS. HARWELL: Sure.
20 Q (By Mr. Deacon) I had cut you off when you
21 were talking about things that your wife was seeing Dr.
22 Prawer for. Do you remember anything else other than
23 what you had already recounted, and that was the
24 lightheaded and dizziness, warts, the lump on the
25 breast.
___
p.83 of MS Depo Med Mal Pt 4
1 A And with the irregular periods around the
2 attack -- around a couple of months before the attack.
3 Q Tell me about that, what -- how was that
4 brought to your attention that she was having irregular
5 periods?
6 A She told me.
7 Q What did she tell you?
8 A Well, she missed a period and we thought she
9 was pregnant. She went to the doctor, and from there
10 it was downhill from there with the periods.
11 Q Okay. Do you remember how long that was
12 before her attack?
13 A Approximately four to five months before.
14 Q I have a note from Dr. Prawer's record, this
15 is just to refresh your recollection, if I can, that
16 your wife went to see him concerned that she might be
17 pregnant, that her last menstrual period was May 1 of
18 '89, does that sound about right?
19 A I don't recall that happening.
20 Q Were you trying to get pregnant -- was she
21 trying to get pregnant?
22 A We were -- we were -- like four or five
23 months we were going to start trying to have kids
24 Q Okay. Up to that time, as far as you know,
25 she had not had problems with irregular periods?
___
p.84 of MS Depo Med Mal Pt 4
1 A I'm sorry, say that again.
2 Q Up to that time, which would have been
3 sometime in May of '89, do you recall her having any
4 problems with menstrual periods?
5 A No.
6 Q She never mentioned to you the fact that she
7 was having any problems?
8 A No.
9 Q How was her health otherwise, other than the
10 fact that she had these dizzy spells?
11 A I'm not a doctor, but to me, she looked like
12 my wife.
13 Q Okay. She looked healthy?
14 A You could say so, yeah.
15 Q Okay. During this time, particularly I'm
16 concerned about, say, from the summer or late spring of
17 1989 to the time she had her attack in 1990, how was
18 her health? How did she appear other than these dizzy
19 spells?
20 A Sometimes she would look drawn, but other
21 than that, she -- I mean, like I said, I'm not a doctor
22 and she looked fine to me.
23 Q Tell me, what do you mean by sometimes she
24 looked drawn?
25 A Well, she lost the weight, some weight.
___
p.85 of MS Depo Med Mal Pt 4
1 Q Okay. According to my records, she saw Dr.
2 Prawer four times, and her weight varied from 119 --
3 I'm sorry, from 120 to a 123 and a half pounds, or
4 three and a half pounds. Was she having a fluctuation
5 in that period of time?
6 A From what month to what month?
7 Q I'm talking about from -- let me see, from
8 March -- I'm sorry, yeah, from February 27, 1989 until
9 February 2nd, 1990, she was weighed each time she went
10 to see him, and --
11 A So what was your question?
12 Q My question is did she have weight
13 fluctuations during that period of time, that year
14 before she had her attack?
15 A I don't recall, I mean, any drastic
16 fluctuations. I mean, I don't recall.
17 Q I'm talking about for the year prior to
18 her --
19 A I know.
20 Q -- to her attack.
21 A I don't -- to me she looked like my wife.
22 Q Okay. Did she seem to you, for that year
23 period of time from February of '89 to February of '90,
24 to have a fairly constant weight?
25 A Like I said, I don't recall.
___
p.86 of MS Depo Med Mal Pt 4
1 Q When you say she looked drawn sometimes, what
2 do you mean by that? I don't know what that expression
3 means.
4 A Her face, she would lose weight in her face.
5 Q What kind of activities did she do? In other
6 words, you mentioned some of the things she liked to
7 do; was she into athletics at all?
8 A No. No.
9 Q Did she exercise?
10 A No.
11 Q Did she go to spa at all?
12 A No.
13 Q You mentioned she -- that you were trying to
14 get pregnant, right?
15 A Uh-huh.
16 Q So you had stopped using birth control?
17 A Right.
18 Q And there was a time when she missed a period
19 and she felt she might be pregnant; is that right?
20 A Right. Right before the incident, a couple
21 months before.
22 Q Okay. When you say she looked drawn and had
23 lost some weight, did you ever have any conversations
24 with Dr. Prawer, who was her family doctor?
25 A Not that I can recall, no.
___
p.87 of MS Depo Med Mal Pt 4
1 Q Now, you were seeing him, too; were you not?
2 A Yes.
3 Q Did you ever mention to Dr. Prawer that you
4 felt that your wife looked drawn?
5 A I might have. I don't recall.
6 Q Okay. Did you ever have any conversations
7 with the Schindlers? Did they visit with their
8 daughter quite a bit while you were at work? You
9 mentioned the fact that she'd go see them and talk to
10 them.
11 A She would visit, you know, not every day, but
12 she would visit two or three times a week when I was at
13 work.
14 Q Did they ever have any conversations with
15 you, Mike, we're concerned about Terry because she
16 looks drawn or she's not eating, or drinking too much
17 iced tea, or whatever?
18 A No.
19 Q They never said anything to you?
20 A We all thought she looked like Terry. We all
21 thought that was Terry.
22 Q Okay. You all thought she looked good?
23 A To us she looked like Terry.
24 Q Did you ever have any conversations at all at
25 any time during this time up to the time of the attack
___
p.88 of MS Depo Med Mal Pt 4
1 with Dr. Igel?
2 A No.
3 Q You never spoke with -- did you ever speak
4 with Dr. Igel?
5 A No.
6 Q Did -- talking about the Schindlers, did they
7 ever say anything to you about the fact that she had
8 any kind of eating disorder when she was young, before
9 you met her?
10 A Never mentioned it to me, no.
11 Q I think you mentioned you never spoke to Dr.
12 Igel at all, right, at any time?
13 A I don't recall speaking to Dr. Igel.
14 Q Did you -- was your wife seeing any other
15 doctors from the time that you got to Florida to the
16 time that she had her attack other than Dr. Igel or Dr.
17 Prawer?
18 A No.
19 Q Was she continuing to drink large quantities
20 of iced tea all during this time as far as you can see?
21 A As far as I can recall, yes.
22 Q How would she drink it, would she make a
23 bunch of it up and drink it, or would she have it in
24 the cans or what?
25 A In cans. She would make it by the glass.
___
p.89 of MS Depo Med Mal Pt 4
1 Q Did you ever say to her, you ought to, you
2 know, cut that out or, you know, that might be bad for
3 her?
4 A Not that I recall.
5 Q All right. Now, you mentioned the fact that
6 she went to see Dr. Igel because -- well, why did she
7 go see Dr. Igel as far as you know?
8 A As far as I know, Dr. Prawer referred her.
9 Q And why was it, as far as you know, that Dr.
10 Prawer referred her to Dr. Igel?
11 A Because she missed a period.
12 Q And did she tell you anything that she and
13 Dr. Igel may have talked about with regard to that?
14 A Say that one again.
15 Q Did she have any conversations with you as to
16 what she and Dr. Igel may have talked about regarding
17 her missing periods?
18 A As far as her telling me, they were -- she
19 wasn't pregnant. He kept telling her she wasn't
20 pregnant.
21 Q Okay. Do you know what it was he did for
22 her, if anything?
23 A No, I don't.
24 Q Well, you know that he gave her a
25 prescription for Progesterone.
___
p.90 of MS Depo Med Mal Pt 4
1 A I'm sorry, he did -- he gave her the
2 Progesterone challenge.
3 Q Okay. Did she say what that was for, why he
4 was giving her Progesterone challenge?
5 A To help bring her period on.
6 Q And what did that do?
7 A It did nothing.
8 Q Did she have a period?
9 A She -- she wouldn't have a period, but she
10 had a few drops and that was it; very minute.
11 Q If, in fact, she had a -- a bleed of one and
12 a half days, would that be about right?
13 A She had a what?
14 Q A bleed -- a menstrual period of one and a
15 half days.
16 A I don't recall that.
17 Q Okay. Let me go to just before the last time
18 she saw Dr. Igel, according to my information, was on
19 February the 2nd, 1990; do you recall that?
20 A Sounds familiar.
21 Q And do you recall what he did for her at that
22 time? This is -- this was the month of her attack.
23 A I think he gave -- she had a infection and he
24 gave her some medicine for it.
25 Q Okay. He gave her some medicine for a
___
p.91 of MS Depo Med Mal Pt 4
1 vaginal infection?
2 A Yes, but he didn't know what kind of
3 infection it was, he just gave her the medicine.
4 Q Did he also give her anything for missed
5 periods?
6 A And I do believe that's when he gave her a
7 full prescription for Progesterone, take for the whole
8 month, because of not getting her period.
9 Q Okay. Let me first refer to the vaginal
10 infection. What did the medication that he gave for
11 the vaginal infection do, if anything?
12 A It burnt her inside. She had a reaction to
13 it.
14 Q Okay. Do you know what that cream was?
15 A Triple Sulfur.
16 Q Triple Sulfa?
17 A Yeah, that's the way --
18 Q Same thing. And she had a reaction to that?
19 A Yes.
20 Q What level, what type or what happened?
21 A She was severely inflamed.
22 Q And what did she do with regard to that?
23 A She -- when it started reacting, she called
24 the doctor. The nurse told her the doctor's not in and
25 there's nothing they can do, try to wash it out.
___
p.92 of MS Depo Med Mal Pt 4
1 Q Okay. Did she remain inflamed after that?
2 A Yes, and I -- she did, and I believe she
3 called the doctor's office again. I mean, I don't
4 recall if she did, but she called the dock -- I think
5 she did and they told her to use a douche.
6 Q Okay.
7 A Her nurse, the nurse.
8 Q Okay. Did the infection resolve before she
9 had her attack?
10 A No.
11 Q She was still infected?
12 A Yes.
13 Q Still -- did she still have a re -- was she
14 still having a reaction to the cream at that time?
15 A Yes. She wasn't using the cream.
16 Q I understand she quit using it.
17 A Yeah, but the reaction was still there.
18 Q Was she taking any other medications at that
19 time?
20 A No.
21 Q None at all?
22 A None at all. Just the Progesterone that he
23 prescribed, but she didn't even get a chance to take
24 that.
25 Q How about that, the Progesterone; she didn't
___
p.93 of MS Depo Med Mal Pt 4
1 take it?
2 A No, because she had the attack.
3 Q He prescribed it when?
4 A I don't know.
5 Q I got he prescribed it on February 2nd.
6 A Okay. And she probably wasn't supposed to
7 take it until after -- towards the end of the month, if
8 I recall right; that's the way she was supposed to take
9 it.
10 Q Did she have a period between the time that
11 she saw him and the time she had the attack?
12 A No, she did not.
13 MR. DEACON: I have got a consult note, and
14 I, for the life of me, don't know who wrote it
15 yet. It has a statement in it LMP, two weeks ago
16 with pills. I'll show it to you, Heather, right
17 there. And it's dated 2/25.
18 MS. HARWELL: That looks like a nurses thing.
19 MR. DEACON: Well, I thought it was, too.
20 Off the record. Well, you can stay on the record.
21 I thought this was a nurses note at first until it
22 basically tells -- you know, talks about
23 consulting with other doctors. But so I -- I
24 don't have an author for this yet.
25 THE DEPONENT: When was it dated?
___
p.94 of MS Depo Med Mal Pt 4
1 MR. DEACON: 2/25 at the top.
2 THE DEPONENT: That was the date of the
3 accident.
4 MR. DEACON: Yes, I know.
5 MS. HARWELL: If you let me copy that, I'll
6 try and track down the writing; maybe I can
7 compare it.
8 MR. DEACON: Sure. You can have that, go
9 right ahead. I'll tell you what, let me keep
10 this, I want to ask a couple of questions, and
11 then when we get done, we'll go ahead and get it
12 copied.
13 MS. HARWELL: Okay.
14 MR. DEACON: It should be part of the medical
15 records, so you should probably have that.
16 Q (By Mr. Deacon) Do you recall her having a
17 menstrual period two weeks before?
18 A No, she did not.
19 Q Okay. So do you know where that information
20 would come from?
21 A No, I don't.
22 Q Let me just ask you this question and then
23 we'll get back to some things. When you went to the
24 hospital with her, did other members of the family go
25 there, too?
___
p.95 of MS Depo Med Mal Pt 4
1 A Yes.
2 Q Her mother?
3 A Her mother, father, her brother.
4 Q Okay. Did you talk to the doctors?
5 A Uh-huh.
6 Q Do you remember what doctors you talked to?
7 A Dr. Shah.
8 Q Okay. And any other doctors you recall
9 talking to?
10 A The -- you mean right after it happened?
11 Q Yeah.
12 A The emergency room doctor, but he just came
13 out and told us she was moving.
14 Q There's some other doctors mentioned also
15 that were in some consultations that this -- ask if you
16 remember talking to any of them. Dr. Ravindra,
17 R-a-v-i-n-d-r-a; do you remember her?
18 A No, I don't remember her.
19 Q Dr. Hakki, H-a-k-k-i; do you remember him?
20 A Huh-uh.
21 Q Dr. DeSousa, D-e-S-o-u-s-a.
22 A Uh-huh.
23 Q You did talk to him?
24 A He was the neurologist.
25 Q Okay. You did talk to him?
___
p.96 of MS Depo Med Mal Pt 4
1 A Oh, yeah.
2 Q Dr. Suskanong, S-u-s-k-a-n-o-n-g.
3 A Sounds familiar.
4 Q Infectious disease specialist?
5 A Yes. Little lady, yes.
6 Q Yes, little lady. Dr. Pascual?
7 A Yes.
8 Q Dr. Gaines, neurosurgeon?
9 A Sounds familiar, yeah. No, I didn't talk to
10 him, no; he came in late one night.
11 Q Okay. Dr. Jain, J-a-i-n?
12 A Dr. Jain.
13 Q Is that how you pronounce her name?
14 A Uh-huh.
15 Q Gynecologist.
16 A Uh-huh.
17 Q And Dr. Jacob.
18 A Dr. Jacob, what's he do?
19 Q I don't remember him, to be honest with you.
20 However -- all right.
21 A Yes, I do, Dr. Jacob, yes.
22 Q Okay. We were talking about things that Dr.
23 Igel had done for your wife prior to her attack. Other
24 than giving her the Progesterone and the cream for the
25 vaginal infection, what do you recall, if anything?
___
p.97 of MS Depo Med Mal Pt 4
1 A I'm sorry?
2 Q What do you recall Dr. Igel doing for your
3 wife other than the Progesterone and the vaginal cream?
4 A He did nothing for her.
5 Q Okay. Nothing more than that?
6 A Nothing more than that, as far as my
7 knowledge.
8 Q To your knowledge. Okay. And I think you
9 mentioned the fact that other than the vaginal cream
10 she was not taking any other medications that you know
11 about?
12 A Nothing.
13 Q Did your wife wear tampons?
14 A No, she did the pad.
15 Q Okay. did you talk to Dr. Prawer at any time
16 before your wife had her attack, about your wife, not
17 about your problems.
18 A No, I don't recall talking to him.
19 Q What were you seeing Dr. Prawer for?
20 A I hurt my back one time, and my stomach
21 problem.
22 Q What was your stomach problem?
23 A I had -- what do they call it, IBS, it's
24 irritable bowel.
25 Q Were you seeing any other doctors beside Dr.
___
p.98 of MS Depo Med Mal Pt 4
1 Prawer?
2 A His associate, I seen Dr. Mitchell.
3 Q In the same office?
4 A No. Different offices.
5 Q Oh, okay. In other words, Dr. Prawer has
6 partners --
7 A Dr. Prawer has a separate office along with
8 his other office.
9 Q Right. Who else did you see beside Dr.
10 Mitchell?
11 A Nobody. I don't recall anybody else.
12 Q Okay. Let me go to the day of the attack,
13 and I understand that was 2/25/90; is that correct?
14 A Correct.
15 Q What had you done the night before?
16 A I was at work.
17 Q And I understand that 2/25/90 was a Sunday;
18 is that right?
19 A Right. Correct. Right.
20 Q And what do you recall about that morning?
21 A Of the incident?
22 Q Yes, I'm sorry. What time had you gotten in?
23 A I didn't get in until like 12:30, something
24 like that, 1:00. We had late parties that day at the
25 restaurant.
___
p.99 of MS Depo Med Mal Pt 4
1 Q Was your wife awake when you got in?
2 A No.
3 Q Did you talk to her at all before you went to
4 bed?
5 A She said good night to me.
6 Q Okay. In other words, you went -- you
7 crawled in bed and she said good night?
8 A Yep.
9 Q What's the next thing you recall after that?
10 A Next thing I recall is I'm getting out of bed
11 for some reason, and I heard her fall and hit the
12 floor.
13 Q You were getting out of bed?
14 A For some reason.
15 Q How far is the bed from the place where she
16 fell?
17 A About seven feet.
18 Q What kind of floor are we talking about,
19 carpeted or --
20 A Carpeted, yes.
21 Q Okay. And where was it that she fell?
22 A In the hallway outside the bathroom door.
23 Q Were her feet still in the bathroom?
24 A I don't recall if they were or not; I don't
25 think so.
___
p.100 of MS Depo Med Mal Pt 4
1 Q Could you tell whether or not from where she
2 was positioned if she had -- was coming from the
3 bathroom?
4 A I couldn't tell.
5 Q Was the bathroom light on?
6 A Yes.
7 Q Is it normally kept on overnight?
8 A No, it's not.
9 Q Would it then be fair to assume that she had
10 turned it on?
11 A She would have to, yes.
12 Q Okay. Was there any sound in the bathroom
13 that you heard, either before or after you -- after she
14 fell that would indicate that she might have been using
15 either the sink or the toilet in the bathroom?
16 A No sounds at all.
17 Q How was she dressed?
18 A She had a night shirt on with pants, with --
19 Q Underpants?
20 A I think they were sweat pants.
21 Q Oh, okay. Sweat pants?
22 A Yeah.
23 Q Was the night shirt something she would have
24 slept in?
25 A Yes. Yeah.
___
p.101 of MS Depo Med Mal Pt 4
1 Q How about the sweat pants?
2 A She slept in them.
3 Q She slept in sweat pants and a night shirt?
4 A Oh, yeah.
5 Q Okay. It's cold in February, oh, yeah.
6 A It's cold.
7 Q So that would have been her sleeping attire?
8 A Some nights, yes.
9 Q Okay. Were there any other lights on that
10 you noticed beside the bathroom light?
11 A Yes.
12 Q What other light?
13 A It was just a night light that we have out in
14 the kitchen that goes on when it gets dark.
15 Q Okay. That wasn't one that someone would
16 have turned on?
17 A No. No.
18 Q Other than that, were there any other lights
19 on?
20 A No.
21 Q Did you hear her when she got out of bed?
22 A No, I did not.
23 Q Do you know why she got out of bed?
24 A Looks like she was doing something with the
25 cats.
___
p.102 of MS Depo Med Mal Pt 4
1 Q You had some cats?
2 A Uh-huh.
3 Q That's a yes?
4 A Yes.
5 Q Okay. Were the cats in the house at the
6 time?
7 A Yes.
8 Q How many cats did you have?
9 A Two.
10 Q You said something with the cats, what do you
11 mean by that, playing with them or letting them out or
12 what?
13 A Could be. No. They were indoor cats.
14 Q Okay. Why do you say it looks like she was
15 doing something with the cats?
16 A Because they both came walking out of the
17 bathroom when I ran out there.
18 Q Oh, okay.
19 A They could have jumped over her or whatever.
20 I don't know if she was doing something with the cats
21 or not.
22 Q Oh, okay.
23 A It just looked to be like she was.
24 Q Now, what -- when you saw her, do you know
25 what time it was?
___
p.103 of MS Depo Med Mal Pt 4
1 A I believe it was almost five a.m..
2 Q When you saw her, how was she lying; in other
3 words, on her back or --
4 A On her back.
5 Q Did she make any sound at all before she fell
6 that you heard?
7 A No, not -- I didn't hear any sounds before
8 she fell.
9 Q What did you do, then, after you --
10 A After she fell?
11 Q After you found her in hallway.
12 A I was -- I was to her within two seconds. I
13 seen she stopped breathing, I ran to the phone, called
14 911 within five seconds and panicked.
15 Q What did you do, then, after that?
16 A I went over to her, I -- I thought maybe --
17 I just started talking to her and holding her; I didn't
18 know what to do.
19 Q Did you try any CPR?
20 A No.
21 Q You mentioned you saw that she stopped
22 breathing. What did you do?
23 A When she stopped breathing?
24 Q No. No. No. How did you determine that,
25 that she had stopped breathing?
___
p.104 of MS Depo Med Mal Pt 4
1 A Because I felt her chest and I heard her gasp
2 once, you know, and --
3 Q Okay. Then what happened?
4 A I immediately went over and called 911.
5 Q Okay. After -- after 911 and after you were
6 holding her, what was -- what then happened, was the
7 next thing that happened?
8 A I laid Terry down, I went over and called
9 my -- I remember my brother-in-law lived in the same
10 complex; I called him.
11 Q Called brother-in-law?
12 A Uh-huh.
13 Q What is his name?
14 A Robert.
15 Q Schindler?
16 A Correct.
17 Q And what happened then, who came first?
18 A He was there within minutes, within -- I'm
19 sorry, seconds, because he just lived right around the
20 corner, and as soon as he came up, the paramedics
21 pulled up.
22 Q How long did it take the paramedics to get
23 there?
24 A Four minutes, five minutes; at the most, six,
25 seven minutes.
___
p.105 of MS Depo Med Mal Pt 4
1 Q What did you and Robert do, if anything --
2 A Nothing.
3 Q -- before the paramedics got there?
4 A Nothing we could do. I didn't know what to
5 do.
6 Q Okay. And then what happened? It's my
7 understanding that the fire department got there first
8 and then the paramedics came; do you recall that?
9 A I don't recall that at all.
10 Q Okay.
11 A I'm sorry, yeah, the fire department -- the
12 paramedic fire department --
13 Q Right.
14 A -- got there first.
15 Q Right. And what happened then?
16 A They looked her over and started CPR and --
17 Q Okay.
18 A And I went out and I was just spastic in the
19 living room.
20 Q Were there any medications kept in the
21 bathroom?
22 A None.
23 Q Where did you keep your medications?
24 A In the kitchen cabinet in the little bin we
25 had.
___
p.106 of MS Depo Med Mal Pt 4
1 Q And what medications were present? And you
2 might have mentioned it before, but on that date.
3 A On that date, the Valrelease, the Percocet, I
4 think, or --
5 Q Or Tylenol?
6 A Tylenol, whatever it was.
7 Q Anything else?
8 A Not that I can recall.
9 Q What happened then? How long were the
10 paramedics there, as far as you can recall.
11 administering to your wife?
12 A I don't recall. It was just -- they were
13 there working on her for a while.
14 Q And then what happened?
15 A And then the ambulance got there and they
16 transported her to Humana, and I even think the
17 paramedics went with her.
18 Q Did you then go to Humana?
19 A I went with them, yes.
20 Q Okay. What other family members were there?
21 You mentioned -- I forget.
22 A My mother-in-law, father-in-law and
23 brother-in-law.
24 Q Okay.
25 A And my sister-in-law came down from Orlando.
___
p.107 of MS Depo Med Mal Pt 4
1 Q You mentioned the fact that you had
2 conversations with certain of the consultants in
3 addition to Dr. Shah. Do you recall specifically on
4 that day --
5 A Specifically on the 25th?
6 Q On the 25th what they might have said to you
7 regarding what had happened to Terry?
8 A The only person I talked to on the 25th was
9 Dr. Shah.
10 Q Okay. Did you have any conversation with him
11 that you can recall as to what had happened to Terry?
12 A No. We were all -- he was still looking for
13 problems.
14 Q Okay.
15 A It was early into the thing, and then I
16 didn't see him again for a while.
17 Q Okay. Let's now stay with the time that
18 she's in Humana Hospital. You've had some
19 conversations with not only Dr. Shah, but also some of
20 the consultants; is that correct?
21 A Yes.
22 Q Okay. Not from a medical point of view, but
23 from what you might recall, do you recall what any of
24 them told you might have happened to Terry and why?
25 A No. At the time?
___
p.108 of MS Depo Med Mal Pt 4
1 Q Yeah. I'm talking about while she was --
2 A Any time?
3 Q While she was in Humana Hospital.
4 A Any period that --
5 Q Any period of time she was in Humana
6 Hospital.
7 A Yes. People did -- I'm sorry, people did
8 tell me what they thought might have happened to Terry.
9 Q Okay. What -- first of all, if you can
10 identify who those people are, and secondly, what they
11 told you.
12 A Dr. Shah's assistant --
13 Q And who was that?
14 A God. Dr. Patel.
15 Q Okay. And what did he say?
16 A I'm trying to remember. Was it Dr. Patel?
17 Q Assume that it was. Maybe it wasn't, but
18 what were you told?
19 A That everything looked like that Terry was
20 bulimic.
21 Q Okay. Did you know what bulimia was at the
22 time when you had this conversation with him?
23 A Oh, yeah. I've heard of it before.
24 Q Okay. And do you know what you meant when he
25 said it looked like Terry was bulimic?
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p.109 of MS Depo Med Mal Pt 4
1 A He said the signs it looked like, but I
2 didn't know what the signs were.
3 Q Did he tell you what they were?
4 A As a matter of fact, no, he didn't.
5 Q Did he say why it was he felt that way?
6 A I guess because of the albumin level and
7 potassium level.
8 Q Did you have any indication yourself during
9 all the time that you were dating and then married to
10 Terry that she in any way was binging and purging?
11 A I had no -- no, none whatsoever.
12 Q Did you ever see her binge; in other words,
13 eat an enormous quantity of food?
14 A I've seen her eat an enormous quantity of
15 food, but never binge, never purge.
16 Q Okay. What kind of -- when you say she'd eat
17 an enormous quantity of food, what kind of a quantity
18 are we talking about?
19 A Like I say, she would get up on Sundays and
20 make herself a huge omelette and eat it, or we'd get
21 pizza and she'd eat a lot of that. I mean, she ate
22 normally in front of me every time we ate.
23 Q Okay. I think you already mentioned there
24 was -- you never had to say to her, Terry, you need to
25 eat a more balanced diet, or you need to eat regularly?
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p.110 of MS Depo Med Mal Pt 4
1 A No. I -- I never said that to her, no.
2 Q What did you say to her?
3 A I told her maybe once or twice to her, you
4 know, you're losing a little too much weight now, you
5 know, why don't you --
6 Q How did you feel about her weight? By this I
7 mean, you know, you dated her and you married her when
8 she weighed something around 145 pounds, and then she
9 was now, at this period of time, weighing in the area
10 of 120. What was your feeling with regard to her
11 weight one way or another?
12 A I -- I never really thought about it that
13 much. You know, I -- you know, Terry was my wife, I
14 didn't marry her because of her weight, you know, I --
15 I never really noticed -- I mean, a real decline in her
16 weight. I mean, she would lose weight and then she
17 would gain it and she would -- you know, and I never
18 paid attention to it. I didn't think I had to.
19 Q Well, no. No. No. I was basically asking
20 you if you had a preference with regard to weight, how
21 you liked her. Some guys like, you know, women who are
22 real thin and some guys like women --
23 A It didn't matter to me.
24 Q -- you know, who have got some meat on their
25 bones, you know.
___
p.111 of MS Depo Med Mal Pt 4
1 A It didn't matter to me. I married Terry
2 because I loved Terry because of her personality and
3 Terry.
4 Q So her weight was of not real concern to you;
5 is that correct?
6 A Correct. Sorry.
7 Q Did anyone else there make any comment to you
8 with regard to Terri's condition and why they felt she
9 was like she was?
10 A At the hospital?
11 Q Yes, sir. You mentioned Dr. Patel and what
12 he had said.
13 A Like I said, I'm not sure it's Dr. Patel.
14 Q Okay. I'm sorry, maybe, how's that.
15 A Maybe.
16 Q I'll put a big question mark there. How's
17 that?
18 A No, I don't remember. I really don't
19 remember. That was a long time ago.
20 Q Okay. Well, let me ask you this question.
21 Has anyone up to this date said to you, other than your
22 lawyers or consultants hired by your lawyers, you know,
23 other than the people, you know, that your lawyers have
24 told me are going to be their expert witnesses at
25 trial, has anyone told you other than those people why
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p.112 of MS Depo Med Mal Pt 4
1 it was in their opinion Terry had this arrest or attack
2 on the morning of February 25, 1990?
3 A Outside of lawyers?
4 Q Outside of lawyers and people hired by
5 lawyers.
6 A And doctors and nurses, no. No. Everybody
7 was dumbfounded on the whole thing.
8 Q The only restriction I had to that was the
9 people who were hired by your lawyers. In other words,
10 you know, the doctors hired by your lawyers, but I'm
11 talking about any treating physician, anybody at
12 Mediplex or at Palms or at Bayfront or at --
13 A I mean, it was the talk -- I mean, nurses
14 have come up to me and said, you know, we hear Terry
15 was a bulimic, or they thought she was bulimic. It's
16 in the records.
17 Q Yeah, I've seen those.
18 A How about her friends, have you talked to
19 them after the fact, people -- like you mentioned
20 Jackie Adams and I forgot the names you had there, but
21 Terry Welch and Mary Ann, Sue Schwartz, how about those
22 people, have you talked to them since that?
23 A They -- in the hospital when they came to
24 visit. And they were, you know --
25 Q What did they say?
___
p.113 of MS Depo Med Mal Pt 4
1 A -- confused but, you know, they thought -- as
2 they went on and thought about things, they -- they
3 can't -- they couldn't figure it out.
4 Q What do they tell you about her eating habits
5 when you weren't with her, because they were with her
6 during the day and you weren't?
7 A Well, they said they would go out to lunch or
8 breakfast and Terry would just drink orange juice.
9 They'd go out to lunch, but she'd eat but then when
10 she'd come back to the office, she would quick run to
11 the bathroom. But that could mean anything. Nobody
12 had ever thought anything of it.
13 Q Did they ever indicate to you that they knew
14 that she had any kind of eating disorder?
15 A No. They never indicated that to me.
16 Q Okay. Well, have you ever come upon your
17 wife at any time throwing up?
18 A No.
19 Q From the time that Terry went in until today,
20 other than what you've already told me with regard to
21 her condition, has her condition in any way changed
22 other tn what you've told me before about her opening
23 her eyes and getting some response to noise?
24 A Like I said before, no. If there's any
25 change, very minutely.
___
p.114 of MS Depo Med Mal Pt 4
1 Q Where did you get your prescriptions filled?
2 A Walgreen's.
3 Q Other than milk products and lettuce, did
4 your wife have any allergies or intolerances? Sulfa,
5 we know about that one. Other than that one, too.
6 A No. My mother-in-law would know this one.
7 Q Okay. Well, if she's going to --
8 A What was the other one she was allergic to?
9 Q I'll talk to her when --
10 A Benadryl.
11 Q Benadryl?
12 A Yeah.
13 Q Now that you look back at it, you know,
14 talking to Dr. Patel, or whoever it was, and the nurses
15 and maybe the friends, do you now recall any times with
16 regard to Terry, and I realize you weren't with her a
17 lot, you know, due to the fact that you were working
18 different -- you know, different shifts, that there was
19 evidence in her behavior of being bulimic?
20 A One time that I can remember is we were
21 sitting at home and we just had dinner, and she said
22 she was going to go to the bathroom, and she went into
23 the bathroom and she turned all the water on. So I get
24 curious and I went up to her and I said, Terry, what
25 are you doing? She said, well, it's just cold in here.
___
p.115 of MS Depo Med Mal Pt 4
1 I'm just trying to warm the place up, and I just left
2 it at that because that was that. I thought, well,
3 maybe she is warming the place up, you know.
4 Q What time of year was that?
5 A It had to be in the cold time.
6 Q Okay. Anything other than that?
7 A Just stuff that my family would notice.
8 Q Like what?
9 A when my aunt and uncle were here, they went
10 out to -- I was at work and they went to dinner, and
11 she ate. My aunt said she got up and went to the
12 bathroom, came back and she was pure white. I didn't
13 think anything of it.
14 Q That's when they went out to dinner?
15 A Yeah. She didn't think anything, you know.
16 she thought, well, maybe she was just not feeling good.
17 Q Okay.
18 A But, you know, as time went on, everybody
19 starts to think about this stuff.
20 Q What are your aunt's and uncle's names?
21 A Richard and Carol.
22 Q Schiavo?
23 A Schiavo, yes.
24 Q And where do they live?
25 A New Jersey.
___
p.116 of MS Depo Med Mal Pt 4
1 Q Whereabouts?
2 A Medford.
3 Q This is going to be a very hard question for
4 me to ask you, but basically do you blame your wife for
5 what happened to her?
6 A No, I do not.
7 Q Why is that?
8 A I just don't blame her.
9 Q Okay.
10 A I mean, I don't --
11 Q I'm not trying to get you to --
12 A Well, let's just leave it at that. I don't
13 blame her.
14 Q Okay. What do you feel -- what do you
15 personally feel was the cause of her problem; if you
16 knew? I mean, if you feel -- if you have any feelings
17 in that regard.
18 A I feel that there's something -- there was
19 something wrong with Terry, and she was trying to get
20 some help and people just ignored her.
21 Q What people?
22 A Just doctors in general. My personal
23 opinion.
24 Q In what way?
25 A In a way maybe she was trying to tell
___
p.117 of MS Depo Med Mal Pt 4
1 somebody she had an eating disorder and nobody wanted
2 to pay attention.
3 Q Okay.
4 A I don't know.
5 Q Okay.
6 A That's my own personal opinion on it.
7 Q But you never suspected she had an eating
8 disorder; is that right; is that correct?
9 A Never.
10 Q Never. And have you talked to her parents as
11 to whether or not they ever suspected she had an eating
12 disorder?
13 A Yes, we did, but they never suspected it
14 either, as far as I know.
15 Q Okay. And you saw her daily?
16 A No, I didn't see her daily.
17 Q Well, I'm sorry, that's right, but you saw
18 her weekly anyway?
19 A I seen her weekly, yes.
20 Q And you slept in the same bed?
21 A Yes.
22 Q Let me ask you the same question, do you
23 blame yourself at all for not recognizing the fact that
24 she's had this problem?
25 A I did.
___
p.118 of MS Depo Med Mal Pt 4
1 Q Do you anymore?
2 A No. No.
3 Q Has your wife been seen by any other
4 physicians other than the ones we've talked about? And
5 I'm -- and let me tell you what I know about. I know
6 she saw the doctors at Humana; I know she saw the
7 doctors back up in Pennsylvania, Drs. Ickler, Winer and
8 Werther; I know she saw Dr. Igel; Dr. Prawer; all the
9 doctors and consultants at Humana; the doctor at
10 Mediplex; the doctor at Sable Palms; the doctor at
11 College Harbor and the doctors at Palms of Pasadena
12 Hospital when she was, you know, living at home with
13 you. Were there any other physicians that you know
14 about that she saw?
15 A Just the one orthopedic doctor that took her
16 toe off, or the -- orthopedic, is that what they are?
17 Q Yeah, probably. That would be what they
18 would be, right.
19 A Yeah, you'll have to get the name from --
20 Q There was a mention, as Mr. Woodworth
21 indicated earlier when we were talking about Dr.
22 Prawer's records, of her seeing a Dr. Osher who was an
23 orthopedic doctor. Do you recall anything about that
24 at all?
25 A I don't remember him at all.
___
p.119 of MS Depo Med Mal Pt 4
1 Q Okay.
2 A In Humana?
3 Q This is Humana Med First note I've got here,
4 so I'm just referring to --
5 A I don't know what Humana Med First is.
6 Q Okay. Assume it's a walk-in clinic, okay.
7 but you don't know anything about that, right?
8 A That is his other office, Humana, with Dr.
9 Mitchell and Dr. Shah.
10 Q Okay. Do you recall a time at any -- was
11 your wife ever taking any diuretics that you can
12 recall?
13 A No, she was not.
14 MR. DEACON: I'm almost done, I promise.
15 Okay. I am done. The only thing I want you to
16 do, if you would, and I had requested this, is if
17 you happen to have -- do you have any photographs
18 of your wife just for my benefit?
19 MS. HARWELL: The Schindlers are going to
20 bring lots of them in tonight.
21 MR. DEACON: Great.
22 MS. HARWELL: And we've got these.
23 MR. DEACON: Good. I just wanted to see.
24 And also --
25 THE DEPONENT: What kind of photographs do
___
p.120 of MS Depo Med Mal Pt 4
1 you want?
2 MR. DEACON: I just wanted to see what she
3 looked like, what she looked like now and what she
4 looked like then. And a question also was --
5 THE DEPONENT: That was graduation.
6 MR. DEACON: Okay.
7 MS. HARWELL: We don't -- the Schindlers have
8 some after she went into the coma.
9 MR. DEACON: Okay. Good.
10 THE DEPONENT: This is her young years; this
11 is Terry right here.
12 MR. DEACON: Okay.
13 THE DEPONENT: This is when we got married.
14 This is her right after we got married; it was her
15 birthday three weeks after we got married.
16 MR. DEACON: Okay.
17 THE DEPONENT: And this is her on 1/17/87.
18 MR. DEACON: Okay.
19 THE DEPONENT: And that was her.
20 MR. DEACON: Okay. This date is when?
21 MS. HARWELL: That's the company picnic you
22 were --
23 THE DEPONENT: Yeah, I'm trying to remember.
24 it was like '88 maybe.
25 MR. DEACON: Okay. And you were going to
___
p.121 of MS Depo Med Mal Pt 4
1 supply to your lawyer copies of any medical
2 containers --
3 THE DEPONENT: Yeah, I'll bring -- you know,
4 I think I still have them at home.
5 MR. DEACON: Okay. Whatever you've got at
6 home, I appreciate it. That's all I have. Do you
7 want to tell him about reading and waiving?
8 MS. HARWELL: We better sign it.
9 (Whereupon, the deposition was concluded at
10 12:30 p.m.)
11 I have read the foregoing pages 1 through
12 114, inclusive, and herewith subscribe to same as a
13 correct transcription of the answers made by me to the
14 questions therein recorded, subject to corrections
15 thereof.
16
17 __________________________________DATE:
_____________________
18 MICHAEL SCHIAVO
19
20
21
22
23
24
25
___
p.122 of MS Depo Med Mal Pt 4
1 STATE OF FLORIDA )
)
2 COUNTY OF PINELLAS )
3 I, TAMMY J. BERKLER, RPR, CM, Notary Public,
4 State of Florida at Large,
5 DO HEREBY CERTIFY, that the foregoing
6 deposition was taken before me at the time and place
7 stated therein; that I administered unto the deponent
8 his oath to testify to the truth, the whole truth, and
9 nothing but the truth; that he was there and then
10 orally examined and testified as herein set forth; that
11 I reported said examination and testimony
12 stenographically, and that this transcript of
13 deposition constitutes a true and correct transcription
14 of the shorthand report of said deposition.
15 I FURTHER CERTIFY that I am neither related
16 to nor employed by any counsel or party to the cause
17 pending, nor interested in the event thereof.
18 IN WITNESS WHEREOF, I have hereunto affixed
19 my hand and official seal this ______ day of August,
20 1992, at Clearwater, Pinellas County, Florida.
21
22
_____________________________
23 ___
TAMMY J. BERKLER, RPR, CM
24 Notary Public
State of Florida at Large
25 My Commission Expires:
486 posted on
03/31/2004 3:05:41 AM PST by
pc93
(Please visit http://bellsouthpwp.net/p/c/pc93/terri_schindler_life_ribbon_campaign.htm)
To: pc93
The rest of the depos upon request to me in my mailbox here or
pc93@bellsouth.net .. I tried to post the next one but it was all out of format. Unless someone wants to help so the rest can be posted I don't have the time. Keep in mind that I did type these up so I have spent quite a large amount of time already in that process.
487 posted on
03/31/2004 3:10:19 AM PST by
pc93
(Please visit http://bellsouthpwp.net/p/c/pc93/terri_schindler_life_ribbon_campaign.htm)
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