Preview
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
x
DINO BONAVITA,
Plaintiff,
Index No.
611506/18
-against-
SYED MUJAHID SAYEED, M.D., PRECISION
SURGERY OF NEW YORK, P.C., NORTH SHORE
UNIVERSITY HOSPITAL, and NORTHWELL HEALTH,
Defendants.
x
September 23, 2020
10:06 a.m.
VIDEOCONFERENCE EXAMINATION BEFORE TRIAL of
SYED MUJAHID SAYEED, M.D., one of the
Defendants herein, in the above-entitled
action, held at the above-stated time and
date, pursuant to Order, taken before Tamara
Snayd, a shorthand reporter and Notary Public
within and for the State of New York.
Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
2
1
y
2 APPEARANCES:
(via Zoom videoconference)
3
4
5 CAITLIN ROBIN & ASSOCIATES, PLLC
Attorneys for Plaintiff
6 30 Broad Street, Suite 702
New York, New York 10004
7
BY: CAITLIN ROBIN, ESQ.
8 caitlin@robinandassociates.com
9
10 DORF & NELSON, LLP
Attorneys for Defendants
11 SYED MUJAHID SAYEED, M.D. and
PRECISION SURGERY OF NEW YORK, P.C.
12 The International Corporate Center
555 Theodore Fremd Avenue
13 Rye, New York 10580
14 BY: JOHN L.A. LYDDANE, ESQ.
jlyddane@dorflaw.com
15
16
RUBIN, PATERNITI, GONZALEZ & KAUFMAN, LLP
17 Attorneys for Defendants
NORTH SHORE UNIVERSITY HOSPITAL and
18 NORTHWELL HEALTH
1225 Franklin Avenue, Suite 200
19 Garden City, New York 11530
20 BY: NICOLE KLEIN, ESQ.
klein@rpgklaw.com
21
22
23
24
25
Reporter’s Ink, Corp. Phone: 646.395.2522 Fax : 2i2.374->^36 www.reporters-ink.com
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
3
1
2 STIPULATIONS
3 IT IS STIPULATED AND AGREED by and between
4 the attorneys for the respective parties
5 herein, and in compliance with Rule 221 of the
6 Uniform Rules for the Trial Courts:
7 THAT the parties recognize the provision of
8 Rule 3115 subdivisions (b), (c) and/or (d).
9 All objections made at a deposition shall be
10 noted by the officer before whom the
11 deposition is taken, and the answer shall be
12 given and the deposition shall proceed subject
13 to the objections and to the right of a person
14 to apply for appropriate relief pursuant to
15 Article 31 of the CPLR;
16 THAT every objection raised during a
17 deposition shall be stated succinctly and
18 framed so as not to suggest an answer to the
19 deponent and, at the request of the
20 questioning attorney, shall include a clear
21 statement as to any defect in form or other
22 basis of error or irregularity. Except to the
23 extent permitted by CPLR Rule 3115 or by this
24 rule, during the course of the examination
25 persons in attendance shall not make
Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
4
1
2 statements or comments that interfere with the
3 questioning.
4 THAT a deponent shall answer all questions
5 at a deposition, except (i) to preserve a
6 privilege or right of confidentiality, (ii) to
7 enforce a limitation set forth in an order of
8 a court, or (iii) when the question is plainly
9 improper and would, if answered, cause
10 significant prejudice to any person. An
11 attorney shall not direct a deponent not to
12 answer except as provided in CPLR Rule 3115 or
13 this subdivision. Any refusal to answer or
14 direction not to answer shall be accompanied
15 by a succinct and clear statement on the basis
16 therefore. If the deponent does not answer a
17 question, the examining party shall have the
18 right to complete the remainder of the
19 deposition.
20 THAT an attorney shall not interrupt the
21 deposition for the purpose of communicating
22 with the deponent unless all parties consent
23 or the communication is made for the purpose
24 of determining whether the question should not
25 be answered on the grounds set forth in
Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.rcportcrs-ink.com
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
5
1
2 Section 221.2 of these rules, and, in such
3 event, the reason for the communication shall
4 be stated for the record succinctly and
5 clearly.
6 THAT the failure to object to any question
7 or to move to strike any testimony at this
8 examination shall not be a bar or waiver to
9 make such objection or motion at the time of
10 the trial of this action, and is hereby
11 reserved; and
12 THAT this examination may be signed and
13 sworn to by the witness examined herein before
14 any Notary Public, but the failure to do so or
15 to return the original of the examination to
16 the attorney on whose behalf the examination
17 is taken, shall not be deemed a waiver of the
18 rights provided by Rules 3116 and 3117 of the
19 CPLR, and shall be controlled thereby; and
20 THAT the certification and filing of the
21 original of this examination are hereby
22 waived; and
23 THAT the questioning attorney shall provide
24 counsel for the witness examined herein with a
25 copy of this examination at no charge.
Reporter’s Ink, Corp. Phone : 646.395.a522 Fax : 212.374.1236 www.reporters-ink.com
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
6
1 Dr. Sayeed
2 STENOGRAPHER: Ms. Klein, will
3 you be ordering a copy of the
4 transcript?
5 MS. KLEIN: Yes, please.
6 STENOGRAPHER: Before I
7 administer the oath/affirmation to
8 the deponent, I will ask all counsel
9 to stipulate on the record, due to
10 the current National Emergency
11 pandemic, the stenographer may swear
12 in the deponent even though she is
13 not in the physical presence of the
14 deponent; and that there is no
15 objection at this time, nor will
16 there be an objection raised at a
17 future date.
18 MS. ROBIN: So stipulated.
19 MR. LYDDANE: So stipulated.
20 MS. KLEIN: So stipulated.
21 STENOGRAPHER: Counsel, will
22 you represent that, to the best of
23 your knowledge and belief, the
24 witness appearing today via
25 videoconference is, indeed, Dr. Syed
Reporter s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
7
1 Dr. Sayeed
2 Mujahid Sayeed?
3 MR. LYDDANE: Yes.
4 S Y E D MUJAHID SAYEED, M.D.,
5 the witness herein, having been first duly
6 sworn remotely by a Notary Public of the State
7 of New York, was examined and testified as
8 follows:
9 STENOGRAPHER: Please state
10 your full name for the record.
11 THE WITNESS: Sayed Miujahid
12 Sayeed.
13 STENOGRAPHER: What is your
14 current address?
15 THE WITNESS: Do you need my
16 home address or my office?
17 STENOGRAPHER: Counsel?
18 MR. LYDDANE: Office address.
19 THE WITNESS: 139 Plandome
20 Road, Manhasset, New York 11030.
21 (Whereupon, 69-page Precision
22 Surgery of New York chart was digitally
23 premarked as Plaintiff's Exhibit 1, for
24 identification, as of this date.)
25 (Whereupon, 85-page NSUH chart was
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FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
8
1 Dr. Sayeed
2 digitally premarked as Plaintiff's
3 Exhibit 2, for identification, as of
4 this date.)
5 (Whereupon, 24 color photographs,
6 a 24-page exhibit, was digitally
7 premarked as Plaintiff's Exhibit 3, for
8 identification, as of this date.)
9 (Whereupon, ten color
10 intraoperative photographs, a ten-page
11 exhibit, was digitally premarked as
12 Plaintiff's Exhibit 4, for
13 identification, as of this date.)
14 EXAMINATION BY
15 MS. ROBIN:
16 Q. Good morning, Dr. Sayed. My name it
17 Caitlin Robin. Thank you so much for being
18 here this morning. I'm going to ask you some
19 questions about care related to a former
20 patient, Dino Bonavita.
21 If you don't understand any of my
22 questions, please just let me know; and I'll
23 rephrase them.
24 A. Okay.
25 Q. Have you ever done a deposition
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FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
9
1 Dr. Sayeed
2 before?
3 A. A while back.
4 Q. When was that?
5 A. Maybe about four years ago; three or
6 four years ago.
7 Q. Were you a defendant at the time you
8 gave deposition testimony?
9 A. What am I now, defendant or
10 plaintiff?
11 Q. You're a defendant now.
12 A. Yes, as a defendant.
13 Q. Do you remember the name of the
14 plaintiff in that case?
15 A. I don11.
16 Q. Do you remember what the case was
17 about?
18 A. It was cosmetic surgery case that
19 was done when I was a resident.
20 Q. How did that case resolve?
21 (Audio disruption.)
22 (Stenographer clarification.)
23 A. My recollection is it was dropped.
24 Q. As you sit here today, do you have
25 an independent recollection of Dino Bonavita?
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FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
10
1 Dr. Sayeed
2 A. Yes.
3 Q. What do you recall?
4 A. I recall the day I treated him in
5 the emergency room; that I remember in some
6 detail. His subsequent visits in my office.
7 I I loosely remember.
8 Q. Okay. Tell me what you remember
9 about his presentation to the ER.
10 A. Sure. He presented, I believe, in
11 the evening. On the day I saw him, I was on
12 call for plastic surgery and hand surgery at
13 North Shore Manhasset. He was presenting
14 with open wounds and inability to extend his
15 fingers which -- when I was called that's
16 what I was told, and that he injured his hand
17 with glass. On seeing him in the emergency
18 room, I examined him. I went over his
19 history and, based on his injuries, I
20 described to him what was wrong.
21 At that point Dino said that he knew
22 a hand surgeon and plastic surgeon Burt
23 Greenberg that operates in the same community
24 as myself. At that point I said to the
25 patient that you're -- you have extensor
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FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
11
1 Dr. Sayeed
2 tendon injury. They can be -- the skin can
3 be closed and this can be managed as an
4 outpatient by Dr. Greenberg, if you would
5 like to go to him. Or if you want the proper
6 done here in the emergency room, that's an
7 option if I can perform it safely. He
8 actually asked me to call Dr. Greenberg on
9 his cell phone, which we did from the
10 emergency room. And Dr. Greenberg told him
11 Dr. Sayed is fine to repair it. I'm out of
12 the country.
13 So after that I told the patient
14 that I'll take a look at the wounds. If it's
15 safe to repair it in the emergency room.
16 we'll repair it in the emergency room. And
17 if it's not safe to repair it. I'll close the
18 skin, put you in a splint; and you can see
19 either Dr. Greenberg or myself and we can do
20 this electively.
21 At that point since Dr. Greenberg
22 told the patient that it would be fine if I
23 saw him and treated him, I proceeded to
24 discuss what the procedure would be with the
25 patient. He accepted. And then I proceeded
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FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
12
1 Dr. Sayeed
2 to look into the wound, examine the wound and
3 see if his injuries could be repaired safely
4 in the emergency room, which they were.
5 The injuries were repaired. The
6 patient actually saw himself moving his
7 extensor tendons that were repaired within
8 the wound, which I will ask the patient if
9 they wanna see the repair and how it's
10 working. He actually saw that. The skin was
11 repaired. He was put in a splint, and then
12 he was seen in my office as an outpatient.
13 Q. Doctor, what do you mean safe to
14 repair in the ER?
15 A. In certain situations if there
16 are two types of tendons on the hand. There
17 is an extensor tendon and a flexor tendon.
18 Generally, flexor tendons that are on the
19 palm side of the hand, when they're cut they
20 retract in the forearm, or the wrist or the
21 hand; and you need to be in the operating
22 room since they're not in the field of
23 vision.
24 Extensor tendons, on the other hand.
25 may or may not retract into the hand. If the
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FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
13
1 Dr. Sayeed
2 extensor tendons retract into the hand, then
3 it's usually felt that it's safer to do
4 something like that in the operating room
5 because the extent of dissection is more
6 involved. Extensor tendons when they're
7 within the wound it's pretty much, across the
8 board, considered safe to repair when they're
9 seen, because they're very superficial under
10 the skin. It doesn't require an extensive
11 resection to identify and repair them.
12 Q. After your review of Dino's hand --
13 and we have all the medical records marked.
14 So if you want to go to the medical record,
15 let me know because these questions are based
16 upon your independent recollection.
17 A. Sure.
18 Q. Did you determine whether you needed
19 to go to the OR or whether it was safe to
20 perform the procedure in the ER?
21 A. After looking at his wounds and
22 looking at the extensor tendons and
23 identifying the injuries, I deemed it safe to
24 repair in the emergency room. But, again.
25 the patients is given the option of the
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FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
14
1 Dr. Sayeed
2 closing the skin and repairing it at a later
3 date. The patient. . .
4 (Audio disruption.)
5 (Stenographer clarification.)
6 A. The patient was given the option
7 again to have it enclosed and have
8 Dr. Greenberg repair it as an outpatient.
9 since he was friendly with Dr. Greenberg on a
10 personal basis.
11 Q. But he declined that option,
12 correct?
13 A. Yes. Yes. So it was repaired in
14 the emergency room.
15 Q. Okay. When you say "repair," what
16 does that mean to you?
17 A. So the proximal and distal extent of
18 the tendons which means the part closest to
19 the hand and the part farthest away from the
20 hand. So the two ends of the tendons are
21 clearly identified and repaired with sutures.
22 The joint is then ranged to make sure the
23 tendon repair is intact. The skin is it
24 closed over it; and then a splint is placed
25 to immobilize the hand and protect the tendon
â– #-
Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporlers-ink.coni
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
15
1 Dr. Sayeed
2 repair.
3 Q. When you perform this surgery, how
4 do you identify foreign bodies inside the
5 hand?
6 A. Foreign bodies are identified by
7 palpation or visualization and, also, the use
8 of X-rays. He had X-rays done in the
9 emergency room which showed no foreign
10 bodies. And there was nothing that I felt
11 within the wound and nothing that was
12 visualized within the wound.
13 Q. What do you use to visualize the
14 wound?
15 A. I look.
16 Q. Do you use any type of magnification
17 when you look to visualize the wound?
18 A. When needed, I can use loupe
19 magnification which, in this instance, the
20 wound was pretty clear. There was no need
21 for loupe magnification.
22 Q. Did you use loupe magnification upon
23 Dino's presentation?
24 A. No.
25 Q. Upon his initial presentation to the
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FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
16
1 Dr. Sayeed
2 ER, did you use loupe magnification?
3 A. No.
4 Q. What's the benefit of loupe
5 magnification?
6 A. If you have small structures that
7 need to be repaired, such as nerves or
8 vessels. It's really a surgeon's preference.
9 Some surgeons don't use loupe magnification
10 even for nerve repair. Many don't use it for
11 tendon repair because the structures are
12 pretty clear to identify and repair. It' s
13 really surgeon preference as to what they
14 feel comfortable. There is no standard of
15 using loupe magnification for any procedure.
16 unless it's microvascular surgery where I
17 would use a microscope and loupe
18 magnification.
19 Q. Would you ever use fluoroscopy in
20 order to visualize foreign bodies in the
21 hand?
22 A. You can use fluoroscopy but, if you
23 have an X-ray that shows no foreign bodies.
24 there's no need to do fluoroscopy.
25 MS. CAITLIN: I just want to
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FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022
17
1 Dr. Sayeed
2 check with the court reporter, what
3 do we have marked as exhibits so far.
4 STENOGRAPHER: As Plaintiff's 1
5 is the 69-page Precision chart.
6 Plaintiff's 2 is an 85-page North
7 Shore University Hospital chart.
8 Plaintiff's 3 is 24 color photos.
9 Plaintiff's 4 is ten color photos, I
10 didn't know if they're
11 intraoperative, but they're
12 open-wound photos.
13 (Screen share of Exhibit 2.)
14 Q. Doctor, we're going to be showing
15 you what's marked as Plaintiff's Exhibit 2,
16 which is the North Shore University Hospital
17 chart
Preview
FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU x DINO BONAVITA, Plaintiff, Index No. 611506/18 -against- SYED MUJAHID SAYEED, M.D., PRECISION SURGERY OF NEW YORK, P.C., NORTH SHORE UNIVERSITY HOSPITAL, and NORTHWELL HEALTH, Defendants. x September 23, 2020 10:06 a.m. VIDEOCONFERENCE EXAMINATION BEFORE TRIAL of SYED MUJAHID SAYEED, M.D., one of the Defendants herein, in the above-entitled action, held at the above-stated time and date, pursuant to Order, taken before Tamara Snayd, a shorthand reporter and Notary Public within and for the State of New York. Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 2 1 y 2 APPEARANCES: (via Zoom videoconference) 3 4 5 CAITLIN ROBIN & ASSOCIATES, PLLC Attorneys for Plaintiff 6 30 Broad Street, Suite 702 New York, New York 10004 7 BY: CAITLIN ROBIN, ESQ. 8 caitlin@robinandassociates.com 9 10 DORF & NELSON, LLP Attorneys for Defendants 11 SYED MUJAHID SAYEED, M.D. and PRECISION SURGERY OF NEW YORK, P.C. 12 The International Corporate Center 555 Theodore Fremd Avenue 13 Rye, New York 10580 14 BY: JOHN L.A. LYDDANE, ESQ. jlyddane@dorflaw.com 15 16 RUBIN, PATERNITI, GONZALEZ & KAUFMAN, LLP 17 Attorneys for Defendants NORTH SHORE UNIVERSITY HOSPITAL and 18 NORTHWELL HEALTH 1225 Franklin Avenue, Suite 200 19 Garden City, New York 11530 20 BY: NICOLE KLEIN, ESQ. klein@rpgklaw.com 21 22 23 24 25 Reporter’s Ink, Corp. Phone: 646.395.2522 Fax : 2i2.374->^36 www.reporters-ink.com FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 3 1 2 STIPULATIONS 3 IT IS STIPULATED AND AGREED by and between 4 the attorneys for the respective parties 5 herein, and in compliance with Rule 221 of the 6 Uniform Rules for the Trial Courts: 7 THAT the parties recognize the provision of 8 Rule 3115 subdivisions (b), (c) and/or (d). 9 All objections made at a deposition shall be 10 noted by the officer before whom the 11 deposition is taken, and the answer shall be 12 given and the deposition shall proceed subject 13 to the objections and to the right of a person 14 to apply for appropriate relief pursuant to 15 Article 31 of the CPLR; 16 THAT every objection raised during a 17 deposition shall be stated succinctly and 18 framed so as not to suggest an answer to the 19 deponent and, at the request of the 20 questioning attorney, shall include a clear 21 statement as to any defect in form or other 22 basis of error or irregularity. Except to the 23 extent permitted by CPLR Rule 3115 or by this 24 rule, during the course of the examination 25 persons in attendance shall not make Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 4 1 2 statements or comments that interfere with the 3 questioning. 4 THAT a deponent shall answer all questions 5 at a deposition, except (i) to preserve a 6 privilege or right of confidentiality, (ii) to 7 enforce a limitation set forth in an order of 8 a court, or (iii) when the question is plainly 9 improper and would, if answered, cause 10 significant prejudice to any person. An 11 attorney shall not direct a deponent not to 12 answer except as provided in CPLR Rule 3115 or 13 this subdivision. Any refusal to answer or 14 direction not to answer shall be accompanied 15 by a succinct and clear statement on the basis 16 therefore. If the deponent does not answer a 17 question, the examining party shall have the 18 right to complete the remainder of the 19 deposition. 20 THAT an attorney shall not interrupt the 21 deposition for the purpose of communicating 22 with the deponent unless all parties consent 23 or the communication is made for the purpose 24 of determining whether the question should not 25 be answered on the grounds set forth in Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.rcportcrs-ink.com FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 5 1 2 Section 221.2 of these rules, and, in such 3 event, the reason for the communication shall 4 be stated for the record succinctly and 5 clearly. 6 THAT the failure to object to any question 7 or to move to strike any testimony at this 8 examination shall not be a bar or waiver to 9 make such objection or motion at the time of 10 the trial of this action, and is hereby 11 reserved; and 12 THAT this examination may be signed and 13 sworn to by the witness examined herein before 14 any Notary Public, but the failure to do so or 15 to return the original of the examination to 16 the attorney on whose behalf the examination 17 is taken, shall not be deemed a waiver of the 18 rights provided by Rules 3116 and 3117 of the 19 CPLR, and shall be controlled thereby; and 20 THAT the certification and filing of the 21 original of this examination are hereby 22 waived; and 23 THAT the questioning attorney shall provide 24 counsel for the witness examined herein with a 25 copy of this examination at no charge. Reporter’s Ink, Corp. Phone : 646.395.a522 Fax : 212.374.1236 www.reporters-ink.com FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 6 1 Dr. Sayeed 2 STENOGRAPHER: Ms. Klein, will 3 you be ordering a copy of the 4 transcript? 5 MS. KLEIN: Yes, please. 6 STENOGRAPHER: Before I 7 administer the oath/affirmation to 8 the deponent, I will ask all counsel 9 to stipulate on the record, due to 10 the current National Emergency 11 pandemic, the stenographer may swear 12 in the deponent even though she is 13 not in the physical presence of the 14 deponent; and that there is no 15 objection at this time, nor will 16 there be an objection raised at a 17 future date. 18 MS. ROBIN: So stipulated. 19 MR. LYDDANE: So stipulated. 20 MS. KLEIN: So stipulated. 21 STENOGRAPHER: Counsel, will 22 you represent that, to the best of 23 your knowledge and belief, the 24 witness appearing today via 25 videoconference is, indeed, Dr. Syed Reporter s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 7 1 Dr. Sayeed 2 Mujahid Sayeed? 3 MR. LYDDANE: Yes. 4 S Y E D MUJAHID SAYEED, M.D., 5 the witness herein, having been first duly 6 sworn remotely by a Notary Public of the State 7 of New York, was examined and testified as 8 follows: 9 STENOGRAPHER: Please state 10 your full name for the record. 11 THE WITNESS: Sayed Miujahid 12 Sayeed. 13 STENOGRAPHER: What is your 14 current address? 15 THE WITNESS: Do you need my 16 home address or my office? 17 STENOGRAPHER: Counsel? 18 MR. LYDDANE: Office address. 19 THE WITNESS: 139 Plandome 20 Road, Manhasset, New York 11030. 21 (Whereupon, 69-page Precision 22 Surgery of New York chart was digitally 23 premarked as Plaintiff's Exhibit 1, for 24 identification, as of this date.) 25 (Whereupon, 85-page NSUH chart was Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 8 1 Dr. Sayeed 2 digitally premarked as Plaintiff's 3 Exhibit 2, for identification, as of 4 this date.) 5 (Whereupon, 24 color photographs, 6 a 24-page exhibit, was digitally 7 premarked as Plaintiff's Exhibit 3, for 8 identification, as of this date.) 9 (Whereupon, ten color 10 intraoperative photographs, a ten-page 11 exhibit, was digitally premarked as 12 Plaintiff's Exhibit 4, for 13 identification, as of this date.) 14 EXAMINATION BY 15 MS. ROBIN: 16 Q. Good morning, Dr. Sayed. My name it 17 Caitlin Robin. Thank you so much for being 18 here this morning. I'm going to ask you some 19 questions about care related to a former 20 patient, Dino Bonavita. 21 If you don't understand any of my 22 questions, please just let me know; and I'll 23 rephrase them. 24 A. Okay. 25 Q. Have you ever done a deposition Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.rcporters-ink.com FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 9 1 Dr. Sayeed 2 before? 3 A. A while back. 4 Q. When was that? 5 A. Maybe about four years ago; three or 6 four years ago. 7 Q. Were you a defendant at the time you 8 gave deposition testimony? 9 A. What am I now, defendant or 10 plaintiff? 11 Q. You're a defendant now. 12 A. Yes, as a defendant. 13 Q. Do you remember the name of the 14 plaintiff in that case? 15 A. I don11. 16 Q. Do you remember what the case was 17 about? 18 A. It was cosmetic surgery case that 19 was done when I was a resident. 20 Q. How did that case resolve? 21 (Audio disruption.) 22 (Stenographer clarification.) 23 A. My recollection is it was dropped. 24 Q. As you sit here today, do you have 25 an independent recollection of Dino Bonavita? Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.rcporters-ink.com FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 10 1 Dr. Sayeed 2 A. Yes. 3 Q. What do you recall? 4 A. I recall the day I treated him in 5 the emergency room; that I remember in some 6 detail. His subsequent visits in my office. 7 I I loosely remember. 8 Q. Okay. Tell me what you remember 9 about his presentation to the ER. 10 A. Sure. He presented, I believe, in 11 the evening. On the day I saw him, I was on 12 call for plastic surgery and hand surgery at 13 North Shore Manhasset. He was presenting 14 with open wounds and inability to extend his 15 fingers which -- when I was called that's 16 what I was told, and that he injured his hand 17 with glass. On seeing him in the emergency 18 room, I examined him. I went over his 19 history and, based on his injuries, I 20 described to him what was wrong. 21 At that point Dino said that he knew 22 a hand surgeon and plastic surgeon Burt 23 Greenberg that operates in the same community 24 as myself. At that point I said to the 25 patient that you're -- you have extensor Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 11 1 Dr. Sayeed 2 tendon injury. They can be -- the skin can 3 be closed and this can be managed as an 4 outpatient by Dr. Greenberg, if you would 5 like to go to him. Or if you want the proper 6 done here in the emergency room, that's an 7 option if I can perform it safely. He 8 actually asked me to call Dr. Greenberg on 9 his cell phone, which we did from the 10 emergency room. And Dr. Greenberg told him 11 Dr. Sayed is fine to repair it. I'm out of 12 the country. 13 So after that I told the patient 14 that I'll take a look at the wounds. If it's 15 safe to repair it in the emergency room. 16 we'll repair it in the emergency room. And 17 if it's not safe to repair it. I'll close the 18 skin, put you in a splint; and you can see 19 either Dr. Greenberg or myself and we can do 20 this electively. 21 At that point since Dr. Greenberg 22 told the patient that it would be fine if I 23 saw him and treated him, I proceeded to 24 discuss what the procedure would be with the 25 patient. He accepted. And then I proceeded Reporter’s Ink, Corp. Phone: 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 12 1 Dr. Sayeed 2 to look into the wound, examine the wound and 3 see if his injuries could be repaired safely 4 in the emergency room, which they were. 5 The injuries were repaired. The 6 patient actually saw himself moving his 7 extensor tendons that were repaired within 8 the wound, which I will ask the patient if 9 they wanna see the repair and how it's 10 working. He actually saw that. The skin was 11 repaired. He was put in a splint, and then 12 he was seen in my office as an outpatient. 13 Q. Doctor, what do you mean safe to 14 repair in the ER? 15 A. In certain situations if there 16 are two types of tendons on the hand. There 17 is an extensor tendon and a flexor tendon. 18 Generally, flexor tendons that are on the 19 palm side of the hand, when they're cut they 20 retract in the forearm, or the wrist or the 21 hand; and you need to be in the operating 22 room since they're not in the field of 23 vision. 24 Extensor tendons, on the other hand. 25 may or may not retract into the hand. If the Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.rcporlers-ink.coni FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 13 1 Dr. Sayeed 2 extensor tendons retract into the hand, then 3 it's usually felt that it's safer to do 4 something like that in the operating room 5 because the extent of dissection is more 6 involved. Extensor tendons when they're 7 within the wound it's pretty much, across the 8 board, considered safe to repair when they're 9 seen, because they're very superficial under 10 the skin. It doesn't require an extensive 11 resection to identify and repair them. 12 Q. After your review of Dino's hand -- 13 and we have all the medical records marked. 14 So if you want to go to the medical record, 15 let me know because these questions are based 16 upon your independent recollection. 17 A. Sure. 18 Q. Did you determine whether you needed 19 to go to the OR or whether it was safe to 20 perform the procedure in the ER? 21 A. After looking at his wounds and 22 looking at the extensor tendons and 23 identifying the injuries, I deemed it safe to 24 repair in the emergency room. But, again. 25 the patients is given the option of the Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 14 1 Dr. Sayeed 2 closing the skin and repairing it at a later 3 date. The patient. . . 4 (Audio disruption.) 5 (Stenographer clarification.) 6 A. The patient was given the option 7 again to have it enclosed and have 8 Dr. Greenberg repair it as an outpatient. 9 since he was friendly with Dr. Greenberg on a 10 personal basis. 11 Q. But he declined that option, 12 correct? 13 A. Yes. Yes. So it was repaired in 14 the emergency room. 15 Q. Okay. When you say "repair," what 16 does that mean to you? 17 A. So the proximal and distal extent of 18 the tendons which means the part closest to 19 the hand and the part farthest away from the 20 hand. So the two ends of the tendons are 21 clearly identified and repaired with sutures. 22 The joint is then ranged to make sure the 23 tendon repair is intact. The skin is it 24 closed over it; and then a splint is placed 25 to immobilize the hand and protect the tendon ■#- Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporlers-ink.coni FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 15 1 Dr. Sayeed 2 repair. 3 Q. When you perform this surgery, how 4 do you identify foreign bodies inside the 5 hand? 6 A. Foreign bodies are identified by 7 palpation or visualization and, also, the use 8 of X-rays. He had X-rays done in the 9 emergency room which showed no foreign 10 bodies. And there was nothing that I felt 11 within the wound and nothing that was 12 visualized within the wound. 13 Q. What do you use to visualize the 14 wound? 15 A. I look. 16 Q. Do you use any type of magnification 17 when you look to visualize the wound? 18 A. When needed, I can use loupe 19 magnification which, in this instance, the 20 wound was pretty clear. There was no need 21 for loupe magnification. 22 Q. Did you use loupe magnification upon 23 Dino's presentation? 24 A. No. 25 Q. Upon his initial presentation to the Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.coni FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 16 1 Dr. Sayeed 2 ER, did you use loupe magnification? 3 A. No. 4 Q. What's the benefit of loupe 5 magnification? 6 A. If you have small structures that 7 need to be repaired, such as nerves or 8 vessels. It's really a surgeon's preference. 9 Some surgeons don't use loupe magnification 10 even for nerve repair. Many don't use it for 11 tendon repair because the structures are 12 pretty clear to identify and repair. It' s 13 really surgeon preference as to what they 14 feel comfortable. There is no standard of 15 using loupe magnification for any procedure. 16 unless it's microvascular surgery where I 17 would use a microscope and loupe 18 magnification. 19 Q. Would you ever use fluoroscopy in 20 order to visualize foreign bodies in the 21 hand? 22 A. You can use fluoroscopy but, if you 23 have an X-ray that shows no foreign bodies. 24 there's no need to do fluoroscopy. 25 MS. CAITLIN: I just want to Reporter’s Ink, Corp. Phone : 646.395.2522 Fax : 212.374.1236 www.reporters-ink.com FILED: NASSAU COUNTY CLERK 10/12/2022 03:55 PM INDEX NO. 611506/2018 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 10/12/2022 17 1 Dr. Sayeed 2 check with the court reporter, what 3 do we have marked as exhibits so far. 4 STENOGRAPHER: As Plaintiff's 1 5 is the 69-page Precision chart. 6 Plaintiff's 2 is an 85-page North 7 Shore University Hospital chart. 8 Plaintiff's 3 is 24 color photos. 9 Plaintiff's 4 is ten color photos, I 10 didn't know if they're 11 intraoperative, but they're 12 open-wound photos. 13 (Screen share of Exhibit 2.) 14 Q. Doctor, we're going to be showing 15 you what's marked as Plaintiff's Exhibit 2, 16 which is the North Shore University Hospital 17 chart