Preview
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
FERNANDO GINEBRA, MD
NYSCEF DOC. NO. 188 RECEIVED NYSCEF:
1
10/05/2021
2 SUPREME COURT OF THE STATE OF NEW YORK
3 COUNTY OF KINGS: INDEX NO. 508009/13
__ _______________________________________
4
NATHANIEL GRAYTON, an-infant by his mother and
5 natural guardian, SHERRI SKIDMORE,
6 Plaintiffs,
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- against -
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VASHUDA VISWANATHAN, MD, CALIXTO CAZANO, MD,
9 RAJENDRA BHAYANI, MD, FERNANDO GINEBRA, MD,
SONY LOISEAU, MD, and WYCKOFF HEIGHTS MEDICAL
10 CENTER,
11
Defendants.
12 INDEX NO. 508009/13
13 _______________ __________________________
14 Held via Zoom
15 May 12, 2021
16 11:15 a.m.
17 EXAMINATION BEFORE TRIAL
18 of Fernando Ginebra, MD, one of the
19 Defendants, taken by adverse parties, pursuant
20 to Order, and held at the above-mentioned time
21 and place, before Jennifer Miller, a
22 Stenographer and Notary Public within and for
23 the State of New York.
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FILED: KINGS COUNTY CLERK 10/05/2021 05:34MD PM INDEX NO. 508009/2013
FERNANDO GINEBRA,
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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2 A P P E A R A N C E S:
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4 LEVINE & GROSSMAN
Attorneys for Plaintiffs
5 114 Old Country Road, Suite 460
Nineola, New York 11501
6 BY: BRIAN LOCKHART, ESQ.
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9 COSTELLO SHEA & GAFFNEY, LLP
Attorneys for Defendant -
10 Vashuda Viswanathan, MD
100 Merrick Road, Suite 218E
11 Rockville Centre, New York 11570
BY: STEVEN E. GARRY, ESQ.
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SCHIAVETTI, CORGAN, DiEDWARDS, WEINBERG &
15 NICHOLSON LLP
Attorneys for Defendants -
16 Calixto Cazano, M.D. and Fernando Ginebra,
M.D.
17 575 8th Avenue, Suite 14
New York, New York 10018
18 BY: DAVID W. SISSKIND, ESQ.
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FERNANDO GINEBRA,
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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2 A P P E A R A N C E S CONT'D
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5 LAW OFFICES OF BENVENUTO & SLATTERY
Attorneys for Defendant -
6 Rajendra Bhayani, M.D.
1800 Northern Boulevard
7 Roslyn, New York 11576
BY: GINETTE M. PORTERA, ESQ.
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10 ARSHACK, HAJEK & LEHRMAN PLLC
Attorneys for Defendants -
11 Sony Loiseau, M.D. and Wyckoff Heights Medical
Ce n te r
12 1790 Broadway, Suite 710
New York, New York 10019
13 BY: LYNN HAJEK, ESQ.
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FERNANDO GINEBRA,
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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1 FERNANDO GINEBRA, MD
2 S T I P U L A T I O N S
3 IT IS STIPULATED AND AGREED by and
4 between the attorneys for the respective
5 parties herein, and in compliance with Rule
6 221 of the Uniform Rules for the Trial Courts:
7 THAT the parties recognize the
8 provision of Rule 3115 subdivisions (b), (c)
9 and/or (d).
10 ALL objections made at a deposition
11 shall be noted by the officer before whom the
12 deposition is taken, and the answer shall be
13 given and the deposition is taken, and the
14 answer shall be given and the deposition shall
15 proceed subject to the objections and to the
16 right of a person to apply for appropriate
17 relief pursuant to Article 31 of the C.P.L.R.;
18 THAT every objection raised during a
19 deposition shall be stated succinctly and
20 framed so as not to suggest an answer to the
21 deponent and, at the request of the
22 questioning attorney, shall include a clear
23 statement as to any defect in form or other
24 basis of error or irregularity.
25 Except to the extent permitted by
ALL STAR REPORTERS 1-800-329-9222
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
FERNANDO GINEBRA, MD
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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1 FERNANDO GINEBRA, MD
2 C.P.L.R. Rule 3115 or by this rule, during the
3 course of the examination persons in
4 attendance shall not make statements or
5 comments that interfere with the questioning.
6 THAT a deponent shall answer all
7 questions at a deposition, except (i) to
8 preserve a privilege or a right of
9 confidentiality, (ii) to enforce a limitation
10 set forth in an order of a court, or (iii)
11 when the question is plainly improper and
12 would, if answered, cause significant
13 prejudice to any person.
14 An attorney shall not direct a
15 deponent not to answer except as provided in
16 C.P.L.R. Rule 3115 or this subdivision. Any
17 refusal to answer or direction not to answer
18 shall be accompanied by a succinct and clear
19 statement on the basis therefore. If the
20 deponent does not answer a question, the
21 examining party shall have the right to
22 complete the remainder of the deposition.
23 THAT an attorney shall not interrupt
24 the deposition for the purpose of
25 communicating with the deponent unless all
ALL STAR REPORTERS 1-800-329-9222
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
FERNANDO GINEBRA, MD
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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1 FERNANDO GINEBRA, MD
2 parties consent or the communication is made
3 for the purpose of determining whether the
4 question should not be answered on the grounds
5 set forth in Section 221.2 of these rules,
6 and, in such event, the reason for the
7 communication shall be stated for the record
8 succinctly and clearly.
9 THAT the failure to object to any
10 question or to move to strike any testimony at
11 this examination shall not be a bar or waiver
12 to make such objection or motion at the time
13 of the trial of this action, and is hereby
14 reserved; and
15 THAT this examination may be signed
16 and sworn to by the witness examined herein
17 before any Notary Public, but the failure to
18 do so or to return the original of the
19 examination to the attorney on whose behalf
20 the examination is taken, shall not be deemed
21 a waiver of the rights provided by Rule 3116
22 and 3117 of the C.P.L.R., and shall be
23 controlled thereby; and
24 THAT the certification and filing of
25 the original of this examination are hereby
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FERNANDO GINEBRA,
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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1 FERNANDO GINEBRA, MD
2 waived; and
3 THAT the questioning attorney shall
4 provide counsel for the witness examined
5 herein with a copy of this examination at no
6 charge .
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FERNANDO GINEBRA, MD
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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1 FERNANDO GINEBRA, MD
2 THE COURT REPORTER: The
3 attorneys participating in this
4 deposition acknowledge that I am not
5 physically present in the deposition
6 room and that I will be reporting from
7 this deposition remotely. They
8 further acknowledge that, in lieu of
9 an oath administered in person, the
10 witness will verbally declare his
11 testimony in this matter is under
12 penalty of perjury. The parties and
13 their counsel consent to this
14 arrangement and waive any objections
15 to this manner of reporting.
16
17 Please indicate your
18 agreement by stating your name and
19 agreement on the record.
20 MR. LOCKHART: Brian
21 Lockhart for the plaintiff. Agreed.
22 MR. SISSKIND: David
23 Sisskind for the witness. Agreed.
24 MR. GARRY: Steven Garry
25 for Dr. Viswanathan. Agreed.
ALL STAR REPORTERS 1-800-329-9222
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
FERNANDO GINEBRA, MD
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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1 FERNANDO GINEBRA, MD
2 MS. HAJEK: Lynn Hajek for
3 Wyckoff and Dr. Loiseau. Agreed.
4 MS. PORTERA: Ginette
5 Portera for Dr. Bhayani. Agreed.
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FILED: KINGS COUNTY CLERK 10/05/2021 05:34MD PM INDEX NO. 508009/2013
FERNANDO GINEBRA,
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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2 F E R N A N D O G I N E B R A, MD, called as
3 a witness, after first having been duly sworn
4 by the Notary Public (Jennifer Miller), in and
5 for the State of New York, was examined and
6 testified as follows:
7
8 BY THE REPORTER:
9
10 Q. State your full name for
11 the record, please.
12 A. Fernando Ginebra.
13 Q. What is your address?
14 A. I'm sorry, I can't hear you very
15 well.
16 Q. What is your address?
17 A. My address? We are in my office,
18 186 Cypress Avenue, Brooklyn, New York 11237.
19
20 EXAMINATION BY
21 MR. LOCKHART:
22 Q. Good morning, Doctor.
23 A. Good morning.
24 Q. My name is Brian Lockhart and
25 I'm from the Law Firm of Levine & Grossman.
ALL STAR REPORTERS 1-800-329-9222
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
FERNANDO GINEBRA, MD
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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1 FERNANDO GINEBRA, MD
2 My office represents an infant by the name of
3 NG I believe you were involved in his
4 treatmetn back in April of 2009. I know it's
5 a long time ago, but I'm going to be asking
6 ; you some questions about your involvement in
7 that treatment.
8 As you can see, we have a Court
9 Reporter this morning, and she's going to be
10 recording my questions and responses. If you
11 can allow me to finish my question before
12 answering, I'll do the same, allow you to
13 answer before moving on to my next question.
14 If you don't understand a question I ask,
15 please let me know, otherwise I'm going to
16 assume that you understood the question the
17 way it was phrased to you.
18 Lastly, you did just mention
19 that you were having some difficulties
20 hearing. If you do not hear a question,
21 please ask me to either raise my voice or to
22 repeat the question, otherwise I'm going to
23 assume that you heard the question as it was
24 phrased to you.
25 Is that fair?
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FERNANDO GINEBRA,
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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1 FERNANDO GINEBRA, MD
2 A. Yes.
3 Q. Doctor, the address that you
4 just gave of 186 Cypress Avenue, is that your
5 office address?
6 A. Yes.
7 Q. Are you currently conducting
8 this deposition from your office?
9 A. Yes.
10 Q. Your attorney, David Sisskind,
11 is with you currently at your office, correct?
12 A. Yes.
13 Q. The name of the office that you
14 are at, is that a particular facility or a
15 particular medical establishment?
16 A. It's my private pediatric
17 office. The name is Ridgewood Pediatric.
18 Q. Back in April of 2009, did you
19 have that private pediatric practice?
20 A. No, because I remember I started
21 here, I think it was in September 2009.
22 September, October.
23 Q. Okay. Are you currently
24 licensed to practice medicine in the State of
25 New York?
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FERNANDO GINEBRA,
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
1 FERNANDO GINEBRA, MD
2 A. Yes, New York.
3 Q. How long have you been licensed
4 to practice medicine in New York?
5 A. Let's I got license --
say my
6 MR. SISSKIND: Just think
7 to yourself.
8 A. '94. I think '94 when I was
9 as --
working
10 MR. SISSKIND: Doctor, the
11 question is how long have you been
12 licensed?
13 A. From 1994.
14 Q. It sounds like you may be
15 licensed in some other states. So what states
16 other than New York are you licensed in?
17 A. I went to Florida from, I think
18 like '99 to 2008 to Florida.
19 Q. Were you living in Florida from
20 1999 until 2009?
21 A. 2008, yes.
22 Q. Are you currently licensed to
23 practice medicine in Florida?
24 A. I would say yes. The other
25 thing is, my license may not be active.
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NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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2 Q. So is it in some sort of state
3 of inactivity, but you are still licensed to
4 practice medicine should you choose to do so?
5 A. I would say yes.
6 Q. Has there ever been any sort of
7 action taken against your Florida license,
8 such as a revocation or suspension?
9 A. No.
10 Q. Has there ever been any action
11 against your New York license, such as
12 revocation or suspension?
13 A. No.
14 Q. Other than New York and Florida,
15 do you hold any other medical licenses?
16 A. In my main country, Dominican
17 Republic.
18 Q. When were you first licensed to
19 practice in the Dominican Republic?
20 A. I think '84 -- let's
no, say
21 1985. I finished social service, yes, I think
22 1985.
23 Q. Did you practice medicine in the
24 Dominican Republic from 1985, until some point
25 where you became licensed in New York in 1994?
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NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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1 FERNANDO GINEBRA, MD
2 A. In 1985 I went to Mexico for
3 three years to do training in pediatrics and
4 neonatology, I returned to my country, I think
5 '88 I was over there for one year and then I
6 decided to come here to the USA in 1989. I
7 think 1989.
8 Q. So you said you went to Mexico
9 for three years. Would that have been for
10 what is the equivalent of an internship and
11 residency program?
12 A. Yes, I would be in Mexico for
13 pediatrics and neonatal from 1985 to 1988.
14 Q. How long was the pediatric
15 aspect of that training?
16 A. Two years.
17 Q. How long was the neonatology
18 aspect of that training?
19 A. One year.
20 Q. After you did your training in
21 Mexico from 1985 until 1988, did you do any
22 other formal training upon coming to the
23 United States in 1989?
24 A. No, no.
25 Q. Did you have to do any sort of
ALL STAR REPORTERS 1-800-329-9222
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FERNME)O GINEBRA,
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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1 FERNANDO GINEBRA, MD
2 internship or residency training when you came
3 to the United States?
4 A. Let's say the process when I
5 came here in 1989, I had to pass, at that
6 moment, something called a ECFMG, then it took
7 me to learn English to pass the test from
8 1989 -- I took the medical part in but
1990,
9 then my English was not good enough to pass
10 the English part of conversation or something
11 like that. So in I -- and then I
'91, finally
12 was able to apply for training here in America
13 and eventually in a hospital from 1991 to
14 1994. Then I went to training in neonatology
15 one year and then from 1995 to '97, at Long
16 Island Jewish Medical Center. Then it was
17 known as Schneider Children's Hospital.
18 Q. Before Long Island Jewish
19 Schneider Children's Hospital, what facility
20 did you say you did your neonatology at?
21 A. I didn't hear the question.
22 Repeat please.
23 Q. You told us that you applied for
24 training and you were at Bronx Lebanon from
25 1991 to 1994; is that correct?
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FERNANDO GINEBRA,
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
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1 FERNANDO GINEBRA, MD
2 A. Yes.
3 Q. You then said you did
4 neonatology for one year, but I don't think
5 any of us heard what facility that was at.
6 A. Yes. From '94 to '95, I went to
7 Westchester County Medical Center.
8 Q. Okay. And then following the
9 one year at Westchester County Medical Center,
10 you then did further training at Long Island
11 Jewish, Schneider Children's Hospital,
12 correct?
13 A. Yes.
14 Q. So all of that training, would
15 that have been considered a residency program
16 here in the United States?
17 A. Yes, yes. Residency and
18 fellowship.
19 Q. Was your residency performed at
20 Bronx Lebanon Hospital?
21 A. Training in pediatrics.
22 Q. Was that your residency program?
23 A. Yes.
24 Q. It sounds like the fact that
25 neonatology for one year at Westchester, was
ALL STAR REPORTERS 1-800-329-9222
FILED: KINGS COUNTY CLERK 10/05/2021 05:34MD PM INDEX NO. 508009/2013
FERNANDO GINEBRA,
NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021
Preview
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 FERNANDO GINEBRA, MD NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 1 10/05/2021 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF KINGS: INDEX NO. 508009/13 __ _______________________________________ 4 NATHANIEL GRAYTON, an-infant by his mother and 5 natural guardian, SHERRI SKIDMORE, 6 Plaintiffs, 7 - against - 8 VASHUDA VISWANATHAN, MD, CALIXTO CAZANO, MD, 9 RAJENDRA BHAYANI, MD, FERNANDO GINEBRA, MD, SONY LOISEAU, MD, and WYCKOFF HEIGHTS MEDICAL 10 CENTER, 11 Defendants. 12 INDEX NO. 508009/13 13 _______________ __________________________ 14 Held via Zoom 15 May 12, 2021 16 11:15 a.m. 17 EXAMINATION BEFORE TRIAL 18 of Fernando Ginebra, MD, one of the 19 Defendants, taken by adverse parties, pursuant 20 to Order, and held at the above-mentioned time 21 and place, before Jennifer Miller, a 22 Stenographer and Notary Public within and for 23 the State of New York. 24 25 ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34MD PM INDEX NO. 508009/2013 FERNANDO GINEBRA, NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 2 1 2 A P P E A R A N C E S: 3 4 LEVINE & GROSSMAN Attorneys for Plaintiffs 5 114 Old Country Road, Suite 460 Nineola, New York 11501 6 BY: BRIAN LOCKHART, ESQ. 7 8 9 COSTELLO SHEA & GAFFNEY, LLP Attorneys for Defendant - 10 Vashuda Viswanathan, MD 100 Merrick Road, Suite 218E 11 Rockville Centre, New York 11570 BY: STEVEN E. GARRY, ESQ. 12 13 14 SCHIAVETTI, CORGAN, DiEDWARDS, WEINBERG & 15 NICHOLSON LLP Attorneys for Defendants - 16 Calixto Cazano, M.D. and Fernando Ginebra, M.D. 17 575 8th Avenue, Suite 14 New York, New York 10018 18 BY: DAVID W. SISSKIND, ESQ. 19 20 21 22 23 24 25 ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34MD PM INDEX NO. 508009/2013 FERNANDO GINEBRA, NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 3 1 2 A P P E A R A N C E S CONT'D 3 4 5 LAW OFFICES OF BENVENUTO & SLATTERY Attorneys for Defendant - 6 Rajendra Bhayani, M.D. 1800 Northern Boulevard 7 Roslyn, New York 11576 BY: GINETTE M. PORTERA, ESQ. 8 9 10 ARSHACK, HAJEK & LEHRMAN PLLC Attorneys for Defendants - 11 Sony Loiseau, M.D. and Wyckoff Heights Medical Ce n te r 12 1790 Broadway, Suite 710 New York, New York 10019 13 BY: LYNN HAJEK, ESQ. 14 15 16 17 18 19 2 O 2 1 2 2 23 24 25 ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34MD PM INDEX NO. 508009/2013 FERNANDO GINEBRA, NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 4 1 FERNANDO GINEBRA, MD 2 S T I P U L A T I O N S 3 IT IS STIPULATED AND AGREED by and 4 between the attorneys for the respective 5 parties herein, and in compliance with Rule 6 221 of the Uniform Rules for the Trial Courts: 7 THAT the parties recognize the 8 provision of Rule 3115 subdivisions (b), (c) 9 and/or (d). 10 ALL objections made at a deposition 11 shall be noted by the officer before whom the 12 deposition is taken, and the answer shall be 13 given and the deposition is taken, and the 14 answer shall be given and the deposition shall 15 proceed subject to the objections and to the 16 right of a person to apply for appropriate 17 relief pursuant to Article 31 of the C.P.L.R.; 18 THAT every objection raised during a 19 deposition shall be stated succinctly and 20 framed so as not to suggest an answer to the 21 deponent and, at the request of the 22 questioning attorney, shall include a clear 23 statement as to any defect in form or other 24 basis of error or irregularity. 25 Except to the extent permitted by ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 FERNANDO GINEBRA, MD NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 5 1 FERNANDO GINEBRA, MD 2 C.P.L.R. Rule 3115 or by this rule, during the 3 course of the examination persons in 4 attendance shall not make statements or 5 comments that interfere with the questioning. 6 THAT a deponent shall answer all 7 questions at a deposition, except (i) to 8 preserve a privilege or a right of 9 confidentiality, (ii) to enforce a limitation 10 set forth in an order of a court, or (iii) 11 when the question is plainly improper and 12 would, if answered, cause significant 13 prejudice to any person. 14 An attorney shall not direct a 15 deponent not to answer except as provided in 16 C.P.L.R. Rule 3115 or this subdivision. Any 17 refusal to answer or direction not to answer 18 shall be accompanied by a succinct and clear 19 statement on the basis therefore. If the 20 deponent does not answer a question, the 21 examining party shall have the right to 22 complete the remainder of the deposition. 23 THAT an attorney shall not interrupt 24 the deposition for the purpose of 25 communicating with the deponent unless all ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 FERNANDO GINEBRA, MD NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 ____ 6 1 FERNANDO GINEBRA, MD 2 parties consent or the communication is made 3 for the purpose of determining whether the 4 question should not be answered on the grounds 5 set forth in Section 221.2 of these rules, 6 and, in such event, the reason for the 7 communication shall be stated for the record 8 succinctly and clearly. 9 THAT the failure to object to any 10 question or to move to strike any testimony at 11 this examination shall not be a bar or waiver 12 to make such objection or motion at the time 13 of the trial of this action, and is hereby 14 reserved; and 15 THAT this examination may be signed 16 and sworn to by the witness examined herein 17 before any Notary Public, but the failure to 18 do so or to return the original of the 19 examination to the attorney on whose behalf 20 the examination is taken, shall not be deemed 21 a waiver of the rights provided by Rule 3116 22 and 3117 of the C.P.L.R., and shall be 23 controlled thereby; and 24 THAT the certification and filing of 25 the original of this examination are hereby ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34MD PM INDEX NO. 508009/2013 FERNANDO GINEBRA, NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 7 1 FERNANDO GINEBRA, MD 2 waived; and 3 THAT the questioning attorney shall 4 provide counsel for the witness examined 5 herein with a copy of this examination at no 6 charge . 7 ****** 8 9 10 11 12 13 14 15 16 17 18 19 2 O 21 22 23 24 25 ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 FERNANDO GINEBRA, MD NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 8 1 FERNANDO GINEBRA, MD 2 THE COURT REPORTER: The 3 attorneys participating in this 4 deposition acknowledge that I am not 5 physically present in the deposition 6 room and that I will be reporting from 7 this deposition remotely. They 8 further acknowledge that, in lieu of 9 an oath administered in person, the 10 witness will verbally declare his 11 testimony in this matter is under 12 penalty of perjury. The parties and 13 their counsel consent to this 14 arrangement and waive any objections 15 to this manner of reporting. 16 17 Please indicate your 18 agreement by stating your name and 19 agreement on the record. 20 MR. LOCKHART: Brian 21 Lockhart for the plaintiff. Agreed. 22 MR. SISSKIND: David 23 Sisskind for the witness. Agreed. 24 MR. GARRY: Steven Garry 25 for Dr. Viswanathan. Agreed. ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 FERNANDO GINEBRA, MD NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 9 1 FERNANDO GINEBRA, MD 2 MS. HAJEK: Lynn Hajek for 3 Wyckoff and Dr. Loiseau. Agreed. 4 MS. PORTERA: Ginette 5 Portera for Dr. Bhayani. Agreed. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34MD PM INDEX NO. 508009/2013 FERNANDO GINEBRA, NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 10 2 F E R N A N D O G I N E B R A, MD, called as 3 a witness, after first having been duly sworn 4 by the Notary Public (Jennifer Miller), in and 5 for the State of New York, was examined and 6 testified as follows: 7 8 BY THE REPORTER: 9 10 Q. State your full name for 11 the record, please. 12 A. Fernando Ginebra. 13 Q. What is your address? 14 A. I'm sorry, I can't hear you very 15 well. 16 Q. What is your address? 17 A. My address? We are in my office, 18 186 Cypress Avenue, Brooklyn, New York 11237. 19 20 EXAMINATION BY 21 MR. LOCKHART: 22 Q. Good morning, Doctor. 23 A. Good morning. 24 Q. My name is Brian Lockhart and 25 I'm from the Law Firm of Levine & Grossman. ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 FERNANDO GINEBRA, MD NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 11 1 FERNANDO GINEBRA, MD 2 My office represents an infant by the name of 3 NG I believe you were involved in his 4 treatmetn back in April of 2009. I know it's 5 a long time ago, but I'm going to be asking 6 ; you some questions about your involvement in 7 that treatment. 8 As you can see, we have a Court 9 Reporter this morning, and she's going to be 10 recording my questions and responses. If you 11 can allow me to finish my question before 12 answering, I'll do the same, allow you to 13 answer before moving on to my next question. 14 If you don't understand a question I ask, 15 please let me know, otherwise I'm going to 16 assume that you understood the question the 17 way it was phrased to you. 18 Lastly, you did just mention 19 that you were having some difficulties 20 hearing. If you do not hear a question, 21 please ask me to either raise my voice or to 22 repeat the question, otherwise I'm going to 23 assume that you heard the question as it was 24 phrased to you. 25 Is that fair? ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34MD PM INDEX NO. 508009/2013 FERNANDO GINEBRA, NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 12 1 FERNANDO GINEBRA, MD 2 A. Yes. 3 Q. Doctor, the address that you 4 just gave of 186 Cypress Avenue, is that your 5 office address? 6 A. Yes. 7 Q. Are you currently conducting 8 this deposition from your office? 9 A. Yes. 10 Q. Your attorney, David Sisskind, 11 is with you currently at your office, correct? 12 A. Yes. 13 Q. The name of the office that you 14 are at, is that a particular facility or a 15 particular medical establishment? 16 A. It's my private pediatric 17 office. The name is Ridgewood Pediatric. 18 Q. Back in April of 2009, did you 19 have that private pediatric practice? 20 A. No, because I remember I started 21 here, I think it was in September 2009. 22 September, October. 23 Q. Okay. Are you currently 24 licensed to practice medicine in the State of 25 New York? ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34MD PM INDEX NO. 508009/2013 FERNANDO GINEBRA, NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 1 FERNANDO GINEBRA, MD 2 A. Yes, New York. 3 Q. How long have you been licensed 4 to practice medicine in New York? 5 A. Let's I got license -- say my 6 MR. SISSKIND: Just think 7 to yourself. 8 A. '94. I think '94 when I was 9 as -- working 10 MR. SISSKIND: Doctor, the 11 question is how long have you been 12 licensed? 13 A. From 1994. 14 Q. It sounds like you may be 15 licensed in some other states. So what states 16 other than New York are you licensed in? 17 A. I went to Florida from, I think 18 like '99 to 2008 to Florida. 19 Q. Were you living in Florida from 20 1999 until 2009? 21 A. 2008, yes. 22 Q. Are you currently licensed to 23 practice medicine in Florida? 24 A. I would say yes. The other 25 thing is, my license may not be active. ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34MD PM INDEX NO. 508009/2013 FEM RDO GINEBRA, NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 14 2 Q. So is it in some sort of state 3 of inactivity, but you are still licensed to 4 practice medicine should you choose to do so? 5 A. I would say yes. 6 Q. Has there ever been any sort of 7 action taken against your Florida license, 8 such as a revocation or suspension? 9 A. No. 10 Q. Has there ever been any action 11 against your New York license, such as 12 revocation or suspension? 13 A. No. 14 Q. Other than New York and Florida, 15 do you hold any other medical licenses? 16 A. In my main country, Dominican 17 Republic. 18 Q. When were you first licensed to 19 practice in the Dominican Republic? 20 A. I think '84 -- let's no, say 21 1985. I finished social service, yes, I think 22 1985. 23 Q. Did you practice medicine in the 24 Dominican Republic from 1985, until some point 25 where you became licensed in New York in 1994? ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34MD PM INDEX NO. 508009/2013 FERNANDO GINEBRA, NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 15 1 FERNANDO GINEBRA, MD 2 A. In 1985 I went to Mexico for 3 three years to do training in pediatrics and 4 neonatology, I returned to my country, I think 5 '88 I was over there for one year and then I 6 decided to come here to the USA in 1989. I 7 think 1989. 8 Q. So you said you went to Mexico 9 for three years. Would that have been for 10 what is the equivalent of an internship and 11 residency program? 12 A. Yes, I would be in Mexico for 13 pediatrics and neonatal from 1985 to 1988. 14 Q. How long was the pediatric 15 aspect of that training? 16 A. Two years. 17 Q. How long was the neonatology 18 aspect of that training? 19 A. One year. 20 Q. After you did your training in 21 Mexico from 1985 until 1988, did you do any 22 other formal training upon coming to the 23 United States in 1989? 24 A. No, no. 25 Q. Did you have to do any sort of ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34MDPM INDEX NO. 508009/2013 FERNME)O GINEBRA, NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 16 1 FERNANDO GINEBRA, MD 2 internship or residency training when you came 3 to the United States? 4 A. Let's say the process when I 5 came here in 1989, I had to pass, at that 6 moment, something called a ECFMG, then it took 7 me to learn English to pass the test from 8 1989 -- I took the medical part in but 1990, 9 then my English was not good enough to pass 10 the English part of conversation or something 11 like that. So in I -- and then I '91, finally 12 was able to apply for training here in America 13 and eventually in a hospital from 1991 to 14 1994. Then I went to training in neonatology 15 one year and then from 1995 to '97, at Long 16 Island Jewish Medical Center. Then it was 17 known as Schneider Children's Hospital. 18 Q. Before Long Island Jewish 19 Schneider Children's Hospital, what facility 20 did you say you did your neonatology at? 21 A. I didn't hear the question. 22 Repeat please. 23 Q. You told us that you applied for 24 training and you were at Bronx Lebanon from 25 1991 to 1994; is that correct? ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34MDPM INDEX NO. 508009/2013 FERNANDO GINEBRA, NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021 17 1 FERNANDO GINEBRA, MD 2 A. Yes. 3 Q. You then said you did 4 neonatology for one year, but I don't think 5 any of us heard what facility that was at. 6 A. Yes. From '94 to '95, I went to 7 Westchester County Medical Center. 8 Q. Okay. And then following the 9 one year at Westchester County Medical Center, 10 you then did further training at Long Island 11 Jewish, Schneider Children's Hospital, 12 correct? 13 A. Yes. 14 Q. So all of that training, would 15 that have been considered a residency program 16 here in the United States? 17 A. Yes, yes. Residency and 18 fellowship. 19 Q. Was your residency performed at 20 Bronx Lebanon Hospital? 21 A. Training in pediatrics. 22 Q. Was that your residency program? 23 A. Yes. 24 Q. It sounds like the fact that 25 neonatology for one year at Westchester, was ALL STAR REPORTERS 1-800-329-9222 FILED: KINGS COUNTY CLERK 10/05/2021 05:34MD PM INDEX NO. 508009/2013 FERNANDO GINEBRA, NYSCEF DOC. NO. 188 RECEIVED NYSCEF: 10/05/2021