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FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
------------------------ -- ------------------ x
THERESA ROBINSON and DEREK ROB I NSON ,
Plaint i ffs ,
I ndex No .
- against - 717964/2018
NORTHWE LL HEALTH, INC ., LONG ISLAND J EWISH
MEDI CAL CENTER , DEEPAK NAN DA, MD , PC ,
DEEPAK NANDA , MD and EMMANUE L M. PAFOS , MD ,
Defendants .
--------------- - - -- --- -- -------------------- x
vi a Zoom Videoconference
Februa r y 16 , 2021
11 : 47 a . m.
EXAMINAT I ON BEFORE TRIAL of DE EPAK
NANDA , MD , Defendant , taken by Plain ti ff , pursuant
to Art i cle 31 of the Ci v i l Practice Law and Rules of
Testimony , and Order , held at the above - noted t i me
and p l ace , before Donna C. Gilmore , a Stenotype
Reporter and Notary Pub l ic with i n and for the State
of New York .
Enright Court Report i ng (631) 589 - 7788
Electronically signed by Donna Gilmore {601-152-379-5964) d0ac3eca-82b4-4b1 a-a0ba-50ba41 d07d3c
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021
Page 2 Page 4
1 1
2 A PP EARANCES
3 2 THE REPORTER: M s. Burke, w ill you be
4 TH E PAG LINA WAN LAW FIRM, PC 3 ordering and paying fo r a copy of this
Attorneys fo r Plainti ff 4 tra nscript?
5 I 18-2 1 Queens Bouleva rd , Suit e 50 I
Forest Hi lls, New York
11 375 5 MS. BURKE: Sure.
6 6 THE REPORTER: Mr. Xanthakis, will you
BY: JAMES S. PAG LINAWAN , ESQ.
7 be ordering and paying fo r a copy of this
7
8 8 transcript?
AA RONS ON, RAPPAPORT, FEINSTEIN & DEUT CH, LLP 9 MR XANTHAKIS : Just electronic only .
9 Attorneys fo r Defendants
NORTHWELL HEA LTH , fNC. and LONG ISLAN D 10 MS. BURKE: Same fo r me.
10 JEWISH MEDICA L CENTER 11
600 Third Avenue 12
11 New York, New York100 16
12 BY YAN IQUE BURKE, ESQ. 13
13 14
14 RU BIN, PAT ERNITI, GONZA LEZ & KAU FM AN , LLP
Attorneys for Defendants 15
15 DEEPAK NANDA, MD, PC and DEE PAK NANDA, MD 16
555 Fifth Avenue, 6th Floor 17
16 NewYork, New York 100 17
17 BY STEV EN KRAUS , ES Q. 18
18 19
19 GA LVAN O & XANTH AKJ S, PC
20
Attorneys fo r Defendant
20 EMMANUEL M. PAFOS, MD 21
358 St. Marks Place, Suite 202 22
21 Staten Island, New York
1030 1
22 BY: ANTHONY XANTHAKIS, ESQ. 23
23 24
24
25
25
Page 3 Page 5
1 1
2 PRO CE EDINGS 2 STIPULATIONS
3 THE REPORTER: The attorneys 3
4 participating in this deposition 4 IT IS HEREBY STIPULATED, by and between the
5 acknowledge that I am not physically 5 attorneys fo r the respective parti es hereto, that :
6 present in the dep osition ro om and that I 6 All ri ghts provided by the CPLR, and Paii 22 1
7 wi ll be reporting this deposition 7 of the Uniform Ru les for the Conduct of Depositions,
8 remo tely. 8 incl uding the ri ght to object to any question, except
9 They fmther acknowledge that, in li eu 9 as to form , or to move to strike any testimony at th is
10 of an oath administered in person, I will 10 examination is reserved; and in addition, the fa ilure
11 administer the oath remotely, pursuant to 11 to object to any questi on or to move to strike any
12 Executi ve Order Number 202.7 issued by 12 testimony at thi s examination shall not be a bar or
13 Governor Cuomo on M arch 19, 2020 . 13 wa iver to make such moti on at, and is reserved to,
14 The pai1ies and their counsel consent 14 the tri al of th is acti on.
15 to this arrangement and waive any 15 Thi s deposition may be sworn to by the witness
16 obj ections to this manner of reporting. 16 being examined before a Notary Publ ic other than the
17 P lease indicate your agreement by statin g 17 Notary Pub lic before whom this examination was begun,
18 your name and your agreement on the 18 but the fai lure to do so or to return the original
19 record. 19 of thi s deposition to counsel, shall not be deemed a
20 MR. PAGLINAWAN: James S. Paglinawan, 20 waiver of the ri ghts prov ided by Ru le 311 6 of the
21 I agree. 21 CPLR, and shall be cont roll ed thereby.
The fi li ng
22 MR. XANTHAKIS : Anthony Xanthakis, I 22 of the original of thi s depositi on is wai ved.
23 agree. 23 IT IS FURTHER STIPULATED, that a copy of thi s
24 MS . BURKE: Yanique Burke, I agree. 24 examination shall be fu rn ished to the attorney for
25 MR. KRAUS : Steven Kraus, I agree. 25 the witness being examined without charge.
2 (Pages 2 to 5)
En right Co u rt Reporti n g (631) 589 - 7788
Electronically signed by Donna Gilmore (601-152-379 -5964) d0ac3eca-82b4-4b1 a-a0ba-50ba41 d07d3c
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021
Page 6 Page 8
1 1 Deepak Nanda, MD
Ii
2 (Deepak Nanda, MD, PC office records 2 yet. If you have to take a break and there is a ll
3 3
4
were premarked as Plaintiffs Exhibit 1,
and Prenatal record sunm1ary was premarked 4
pending question, I would ask that you answer the
question and then we take a break.
I
5
6
as Plaintiffs Exhibit 2 for
identification, as of this date.)
5
6
Also, I need for you to wait until I'm
finished asking the question before you sta11 to
l
Ii
7 DEEPAK NANDA, MD, 7 answer, even though sometimes you're able to
8 Defendant, having first been duly sworn by the 8 anticipate what my question is even before I'm
9 Notary Public, was examined and testified as 9 finished.
10 follows: 10 Are you clear with respect to the rules of
11 EXAMINATION BY 11 the deposition?
12 MR. PAGLINAWAN: 12 A Yes.
13 Q Please state your name for the record. 13 Q Doctor, are you cun-ently licensed to
14 A Deepak Nanda, MD. 14 practice medicine in New York State?
15 Q Please state your address for the record. 15 A Yes, I am.
16 A 61-55 98th Street, Rego Park, New York 16 Q When did you obtain that license?
17 11345 , and I have another office, 1300 Union 17 A January 1988.
18 Turnpike, New Hyde Park, New York 11040. 18 Q Are you licensed to practice as a
19 Q Good morning, Doctor. My name is James S. 19 physician in any other states or jurisdictions?
20 Paglinawan, and I work for The Paglinawan Finn, PC, 20 A No.
21 which is the law finn that represents Theresa and 21 Q Since you obtained your license to
22 Derek Robinson in this medical malpractice lawsuit 22 practice as a physician in New York State in January
23 in which you are named as a defendant today. 23 of 1988, has that license been restricted or limited
24 I'll be asking you some questions related 24 in any way?
25 to the care and treatment you provided to Theresa 25 A No.
Page 7 Page 9
1 Deepak Nanda, MD 1 Deepak Nanda, MD
2 Robinson. I will begin by going over some basic 2 Q Can you tell me the name of the medical
3 rules with you. 3 school where you went?
4 First, we need for you to respond to my 4 A My medical school was in India. It's
5 questions using spoken words rather than using 5 called JNM Medical College, Raipur, and that was at
6 nonverbal gestures only. As you can see, 6 that time in Madhya Pradesh, India.
7 Ms . Gilmore is transcribing what I'm saying and she 7 Q At that time was that also called
8 will be doing the same with your testimony, so that 8 Ravishankar University?
9 in order for her to be able to transcribe your 9 A Yeah, that was the name of the university,
10 responses you would have to use spoken words. 10 yes.
11 Also, if you do not understand my question 11 Q When did you graduate from there?
12 for any reason , let me know. We are doing this 12 A I finished in 1980, after my rotating
13 vi11ually, meaning by video, so that sometimes you 13 internship.
14 may not be able to hear me clearly or for some 14 Q And how long was that medical program?
15 reason my screen is fro zen, if for some reason, 15 A That was four and a half years plus one
16 hopefully it doesn't happen, that my Wi-Fi fails and 16 year of rotating internship.
17 I get logged out. So if those are the issues, then , 17 Q That one year of rotating internship, what
18 you know, let me know and I'll repeat the question, 18 did that entail?
19 or if you don't understand the question I'l l 19 A Well , you rotated through different
20 replu·ase it in such a way that you'll be able to 20 specialties, including medicine, obstetrics,
21 understand it. 21 gynecology, surgery, et cetera, for a total of one
22 If you need to take a break during the 22 year.
23 deposition that is not a problem unless there is a 23 Q And after you finished that rotating
24 question that's pending. That means that I ask you 24 internship, what did you do next that was related to II
25 a question and you have not answered the question 25 the practice of medicine?
__ j
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3 (Pages 6 to 9)
Enr ig ht Court Reportin g (631) 589 - 7 7 88
El ectron ically s igned by Donna Gilm o re (601 -1 52- 379-5964) d0ac3eca- 82b4-4b1 a-a 0ba- 50 ba41 d07d3c
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021
Page 10 Page 12
1 Deepak Nanda, MD 1 Deepak Nanda, MD
2 A Well , I was, I did a house officer job in 2 Q W hat does that mean, you were fac ul ty?
3 general surge1y in India in the same school for six 3 A I was attending physician and clinical
4 months. Then in 1981 , Janua1y thrnugh December 1983 4 ass istant professor at SUNY Downstate at Kings
5 l did a residency in OB/GYN in New Delhi. 5 County.
6 In 19 -- 6 Q For how long did you keep that position?
7 MR. KRAUS: Okay, no problem. He'll 7 A I was there until 1996.
8 ask you .We'll get to it. 8 Q At some point did you open your own
9 Q So that residency in obstetrics in New 9 practice, priva te practice?
10 Delhi, that was for one yea r, correct? 10 A We had a facul ty prac tice when I was at
11 A No, it was three years. 11 SUNY Downstate.
12 Q When did you fini sh that? 12 Q Faculty practice, that means where you
13 A December 1983. 13 share the practice with other doctors?
14 Q And after you finished that, what di d you 14 A Yes .
15 do next as pa11 of your training to become a 15 Q And after yo u left SUNY Downstate, did you
16 physician? 16 then work at a different practice, private practice?
17 A I was, that was the end of my trai ning as 17 A Well , I went to a hospital, that was
18 a physician in Indi a.
I did a short period of a 18 St. Joh.n's Hospital , it was in Queens, Queens
19 dischargeship and came to this count1y in 1984. 19 Boulevard, part of Catholic Medical Centers, and I
20 Q Did you complete any internship or 20 had a practice on the side at that time.
21 residency here in thi s count1y once you got here in 21 Q And for how long did you work at
22 1984? 22 St. Joh.n's Hospital ?
23 A Yes. 23 A Unti l 2003.
24 Q So let's start with the internships.
Did 24 Q And what was your position there?
25 you complete any internships? 25 A I was an attending physician and I was
Pag e 11 Pa g e 13
1 Deepak Nanda, MD 1 Deepak Nanda, MD
2 A So the first six months of 1984 I was a 2 maternal feta l medicine specialist.
3 house officer in general surge,y at Brookdale 3 Q What is maternal feta l medicine?
4 Hospital. After that, I did six months of 4 A It is obstetri cs, manages patients in
5 internship, because I got credit for the other six 5 obstetrics with feta l and maternal issues.
It's a
6 months, at SUNY Downstate in Kings County Medical 6 specialty.
7 Center. T his was starting '85 , end of '84, early 7 Q And you said when you were in St. John's
8 '85 , and I finished the entire residency in 1988, 8 you had your pri vate practice as well on the side?
9 June. 9 A Yes.
10 Q And that residency, was it related to any 10 Q What was that practice ca lled?
11 spec ialty? 11 A Deepak Nanda, MD. I think at some point
12 A It was in OB/GYN. 12 it became Deepak Nanda, MD, PC. I'm not sure for
13 Q And after you fi nished that residency, 13 the date.
14 what did yo u do next? 14 Q Approximately when did it become Deepak
15 A I did a fel lowship in maternal feta l 15 Nanda, MD, PC?
16 medicine. 16 MR. KRAUS: If you can app roximate
17 Q And where was that? 17 If you can't just state so .
that's fine .
18 A Same institution, SUNY Downstate in Kings 18 A I can estimate, but I'm not sure of the
19 County. 19 date.
20 Q And when did you finis h that fel lowship? 20 Q Approximately when. Was it in 1990s or
21 A That was in June of 1990. 21 sometime in 2000?
22 Q So once you fini shed that fe llowship in 22 A It was probably in 2000.
23 June of 1990, w hat did you do next? 23 Q In 2015 who were you employed by?
24 A I was fac ul ty at SUNY Downstate at Ki ngs 24 A I was employed by Long Island Jewish
25 County Hospital. 25 Hospital , part ofN01ihwell system.
4 (Pages 10 to 13)
Enright Court Reporting (631) 5 89 - 7788
Electronically signed by Donna Gilmore (601-152-379-5964) d0ac3eca-82b4-4b1 a-a0ba-50ba41 d07d3c
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021
Page 14 Page 16 1
1 Deepak Nanda , MD 1 Deepak Nanda, MD
2 Q In 2016 who were you employed by? 2 Q Do you have any board ce11ifications?
3 A I was employed by Long Island Jewish 3 A Yes.
4 Hospital , which is a part of the N011hwell Health 4 Q In how many specialty areas?
5 system. At that time it was called North Shore-LIJ. 5 A In obstetrics and gynecology, and in
6 MR. KRAUS: Were you also employed by 6 maternal fetal medicine.
7 Nanda MD, PC? 7 Q And when did you become board certified in
8 THE WITNESS: Yes. 8 obstetrics and gynecology?
9 A I was also employed by my PC. 9 A 1991.
10 Q Dr. Emmanuel M. Pafos, MD, was he ever an 10 Q Did you have to rece11ify for that every
11 employee of your private practice? 11 now and then?
12 A He joined the practice in 2016. 12 A Yes. In fact, every year we have a
13 Q And in 2016 what was his title at your 13 rece11ification exam.
14 practice? 14 Q When was the last time you recertified for
15 A There was no title. I mean, he was an 15 OB/GYN?
16 attending physician. 16 A December of last year, OB/GYN.
17 Q So when you say practice, are you 17 Q And your board ce11ification in maternal
18 refen-ing to Deepak Nanda , MD, PC? 18 fetal medicine, when was the first time you obtained
19 A Con-ect. 19 that?
20 Q In 2016 did you consider him to be an 20 A 1995.
21 employee of that private practice? 21 Q And do you have to rece1iify for that as
22 A He was initially hired as an employee, 22 well?
23 yes. 23 A Yes. It's a combined exam, so it was at
24 Q And then at some point did he, did his 24 the same time, December 2020 was the last time.
25 position change from an employee to something else? 25 Q In 2015 did you maintain a private office?
Page 15 Page 17
1 Deepak Nanda, MD 1 Deepak Nanda, MD
2 A Well , at some point in his contract he was 2 A Yes.
3 an employee for 1 1/2 years, and after that the 3 Q Where was that located?
4 designation was different. 4 A 61-55 98th Street in Rego Park.
5 Q Did he ever become a shareholder at your 5 Q Did you maintain only one office in 2015 ?
6 private practice? 6 A Yes.
7 A No. 7 Q In 2015 did you maintain an office in Long
8 Q In April of2016 specifically, I'm only 8 Island Jewish Medical Center?
9 focused about that particular time, what was his 9 A Yes, there was, I did see patients in Long
10 title at Deepak Nanda, MD, PC? 10 Island Jewish Medical Center as an employee of the
11 A He was employee, I believe. 11 hospital , but I had only one private office.
12 Q So other than Dr. Pafos in 2016, did you 12 Q Ms . Theresa Robinson, you saw her in an
13 have any other physicians who were employed as 13 office setting, coITect?
14 employees at Deepak Nanda, MD, PC? 14 A C01Tect.
15 A No. 15 Q Where did you see her?
16 Q In 2016 did you have any hospital 16 A In Rego Park.
17 privileges? 17 Q In 2016 did you maintain that office as
18 A Yes. 18 well?
19 Q How many hospitals? 19 A I didn't understand the question .
20 A Well , I was practicing at Long Island 20 Q In 2015 -- excuse me -- 2016 did you
21 Jewish Hospital and I believe I had privileges at 21 maintain that Rego Park office?
22 North Shore Manhasset, and I'm not sure at that time 22 A Yes.
23 that I retained privi leges at Flushing Hospital 23 Q And in 2016 did you open any other offices
24 Medical Center, but I never went to that hospital , 24 anywhere?
25 so I don't know the times. 25 A No.
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5 (Pages 14 to 17)
Enright Court Reporting (631) 589 - 7788
Electron ically signed by Donna Gilmore (601 -1 52-37 9-5964) d0ac3eca-82b4-4b1 a-a 0ba-50ba41d07 d 3c
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021
Page 18 Page 20
1 Deepak Nanda , MD 1 Deepak Nanda, MD
2 Q In 2016 did you also see Theresa Robinson 2 screen --
3 there in the same office in Rego Park? 3 MR. PAGLINAWAN: Off the record.
4 A Yes . 4 (Discussion held off the record.)
5 Q At any point did you ever see Theresa 5 MR. KRAUS: Let's just take a
6 Robinson in your office at Long Island Jewish 6 five-minute break then.
7 Medical Center? 7 (A brief recess was taken from
8 A She visited the antepa1tum testing unit at 8 12:08 p.m. to 12:33 p.m.)
9 the hospital before she was a patient of mine, and I 9 (Dr. Nanda's copy of office records
10 may have seen her over there. 10 was marked as Plaintiffs Exhibit 3, for
11 MR. KRAUS: Just tell him what you 11 identification, as of thi s date.)
12 remember. 12 CONTINUED EXAMINATION
I 13 A If I may look at my records? 13 BY MR. PAGLINAWAN:
14 Q Please. So just so the records that you 14 Q So Doctor, before you reviewed any
15 have, at least a copy of it, we've marked as 15 documents to prepare for this deposition, did you at
16 Plaintiff's Exhibit No. 1 today for identification. 16 all have any independent recoll ection of any
17 A September 25 , 2015 I saw her in the 17 discussions that you might have had with Theresa
18 antepartum testing unit at the hospital. 18 Robinson ?
19 MR. PAGLINAWAN: Donna, could you 19 A No, I don't.
20 please read back the question. 20 Q So I'm just going to go through some names
21 (The requested portion of the record 21 here, right, and then ask you some questions.
22 was read by the reporter.) 22 Dr. Proshat, P-R-O-S-H-A-T, Shekarloo,
23 Q And what was the reason you saw her at the 23 S-H-E-K-A-R-L-O-O. Do you remember who this doctor
24 antepartum testing unit at the hospital at that 24 was at that time in 2016?
25 time? 25 A Yes.
Page 19 Page 21
1 Deepak Nanda, MD 1 Deepak Nanda, MD
2 A She had come in for nuclear transducer 2 Q Who was this doctor?
3 ultrasound examination and I was a physician who was 3 A She was a resident at the hospital.
4 there along with my sonographer. 4 Q Do you have any independent recollection
5 Q And after that you started seeing her in 5 of any discussions that you might have had with
6 your private office in Rego Park? 6 Dr. Shekarloo regarding Ms. Robinson?
7 A I'm not sure it's immediately after that. 7 A No.
8 At some point she made an appointment to see me in 8 Q Dr. Leat Mechlovitz. L-E-A-T,
9 my office in Rego Park. 9 M-E-C-H-L-O-V-I-T-Z. Do you remember who
10 Q To prepare for this deposition, Doctor, 10 Dr. Mechlovitz was in 2016?
11 did you review any documents? 11 A Yes, she was a resident as well.
12 A I reviewed my office records and I 12 Q Do you have any independent recollection
13 reviewed pai1 of the hospital record. 13 of any discussions that you might have had with
14 MR. KRAUS: What hospital? 14 Dr. Mechlovitz regarding Ms. Robinson?
15 THE WITNESS : The Long Island Jewish 15 A No, I don't.
16 Hospital record when she was admitted. 16 Q Sarah Siegel, RN, do you remember who she
17 Q So we marked today, as I said, as 17 wasin2016?
18 P laintiffs Exhibit 1 a copy of your office records 18 A Yes, I know who she was, a nurse.
19 from Deepak Nanda, MD, PC. Did you get a copy of 19 Q Do you have any independent recollection
20 what we marked as Plaintiffs Exhibit No. 1? 20 of any discussions that you might have had with
21 A I have a copy of the record in front of me 21 RN Siegel regarding this patient?
22 that I brought. 22 A No.
I 23 MR. KRAUS: Not that pai1icular 23 Q Do you have any independent recollection
24 record, but he has his own record brought 24 of any discussions that you rnight have had with
25 with him. If you want to show him on the 25 Dr. Pafos regarding this patient?
6 (Pages 18 to 21)
Enright Court Reporting (631) 589 -77 8 8
Elect ron ically signed by Donna Gilm ore (60 1-1 52-379-5964) d0 ac3e ca-8 2b4-4b1 a-a0ba-50ba41 d07d3c
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021
Page 22 Pa g e 24 1,
1 Deepak Nanda , MD 1 Deepak Nanda , MD I
2 A I have no independent recollection. 2 it was Apri l 12, 2016.
3 Q So let's go over your treatment of this 3 Q And after she was discharged during that
4 patient. We marked three documents as 4 admission for the purpose of giving birth, did you
5 Plaintiff's1, 2 and 3. They're medical records 5 see her in an office setting?
6 related to the care and treatment that you provided 6 A I did not see her in the office setting.
7 to this patient.If at any point you need to refer 7 I believe my partner may have.
8 to the medical records to respond to my questions 8 Q So let's go over the first visit, your
9 let me know. It's not a problem .We just need to 9 first treatment of this particular patient.
We're
10 know, I just need to know what medical records 10 going to go through this very, very quickly, don't
11 you're refening to. Okay? 11 worry about it. So I'm just going to ask you a
12 A Yes. 12 couple of questions related to that. And you said
13 MR. KRAUS : James, could you just tell 13 that would be at the antepartum unit, conect, on
14 us for the record, what are Exhibits 1, 2 14 September 25 , 2015 ?
15 and 3, so we're all on the same page? 15 A Yes.
16 MR. PAGLINAWAN: All right. Okay. 16 Q Did you write any notes related to your
17 Q So let's determine here the scope of your 17 care and treatment of this patient that day?
18 treatment. 18 A Well , there is an ultrasound report there.
19 When was the first time you provided care 19 I'm trying to refer to that page.
20 and treatment to this patient? 20 Q And where is that -- so just so we're
21 A I have to go through my record for the 21 clear, you're looking at Plaintiff's Exhibit No . 3,
22 dates. 22 conect?
23 Q Okay. So Doctor, we marked as Plaintiff's 23 MR. KRAUS: The office records, yes.
24 Exhibit No. 3 what looks like a complete copy of 24 Q Yes?
25 your office records. Is that what you need to look 25 A Yes . I'm looking at an ultrasound rep01i
Pag e 23 Page 25
1 Deepak Nanda, MD 1 Deepak Nanda, MD
2 at to answer my question? 2 from September 29, 2015. It was signed by me. It
3 A Yes. So on December 8th there was a new 3 was a visit for nuchal translucency testing in the
4 patient examination. That's when I first saw her. 4 hospital.
5 MR. KRAUS: In the office. 5 Q And what was the purpose of that
6 A 2015 , in the office. 6 ultrasound?
7 Q In the office, okay. But prior to that, 7 A An ultrasound is done on almost everyone.
8 you also saw her, as you testified earlier, in the 8 It is to dete1mine if the nuchal, the translucency
9 antepartum area of Long Island Jewi sh Medical 9 behind the neck is thick or thin, and it's combined
10 Center, conect? 10 with blood test for determining higher risk for
11 A Yes. 11 chromosomal abnormalities like Down syndrome.
12 Q Okay. So the first time you saw her in 12 Q And looking at the report for that
13 the antepartum setting, was that the first time you 13 ultrasound perfom1ed on September 25 , 2015 , so if
14 saw her? 14 we're looking at the electronic copy of it, that
15 MR. KRAUS : If you recall. 15 would be page 42 of Plaintiffs Exhibit No. 3, was
16 A I don't recall seeing her before. 16 there anything significant with respect to those
17 Q So when you reviewed medical records to 17 results?
18 prepare for this deposition , was that the earliest 18 A No.
19 entry that you could find that you authored related 19 Q Were you the one who performed the
20 to your care and treatment of Ms. Robinson? 20 ultrasound on this patient that day?
21 A Yes. 21 A There is a sonographer who performs and we
22 Q And when was the last time you treated 22 look at it with the patient in the room, sometimes
23 her? 23 we scan ourselves as well. So I can't tell you ifl
24 A The last time I saw her was in the 24 did it myself or my sonographer did it, but I
25 hospital , I believe -- I don't remember the date -- 25 reviewed it.
--·,.-- ,_l
7 (Pages 22 to 25)
Enright Court Re p o rting (63 1 ) 589 - 7788
Electronically signed by Donna Gilmore (601-152-379-5964) d0ac3eca-82b4-4b1 a-a0ba-50ba41 d07d3c
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021
Page 26 Page 28
1
2
3
Q
Deepak Nanda, MD
This ultrasound report, is this the only
document that was generated from that visit from
1
2
3
Deepak Nanda , MD
an examination of this patient?
A Other than the exam at 12 weeks, yes, in
I
4 September 25 , 2015? 4 the office first time.
5 A As far as I know that was the only 5 Q And looking at this, Doctor, what did you
6 document. 6 know regarding this patient's obstetrical his
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FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ------------------------ -- ------------------ x THERESA ROBINSON and DEREK ROB I NSON , Plaint i ffs , I ndex No . - against - 717964/2018 NORTHWE LL HEALTH, INC ., LONG ISLAND J EWISH MEDI CAL CENTER , DEEPAK NAN DA, MD , PC , DEEPAK NANDA , MD and EMMANUE L M. PAFOS , MD , Defendants . --------------- - - -- --- -- -------------------- x vi a Zoom Videoconference Februa r y 16 , 2021 11 : 47 a . m. EXAMINAT I ON BEFORE TRIAL of DE EPAK NANDA , MD , Defendant , taken by Plain ti ff , pursuant to Art i cle 31 of the Ci v i l Practice Law and Rules of Testimony , and Order , held at the above - noted t i me and p l ace , before Donna C. Gilmore , a Stenotype Reporter and Notary Pub l ic with i n and for the State of New York . Enright Court Report i ng (631) 589 - 7788 Electronically signed by Donna Gilmore {601-152-379-5964) d0ac3eca-82b4-4b1 a-a0ba-50ba41 d07d3c FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021 Page 2 Page 4 1 1 2 A PP EARANCES 3 2 THE REPORTER: M s. Burke, w ill you be 4 TH E PAG LINA WAN LAW FIRM, PC 3 ordering and paying fo r a copy of this Attorneys fo r Plainti ff 4 tra nscript? 5 I 18-2 1 Queens Bouleva rd , Suit e 50 I Forest Hi lls, New York 11 375 5 MS. BURKE: Sure. 6 6 THE REPORTER: Mr. Xanthakis, will you BY: JAMES S. PAG LINAWAN , ESQ. 7 be ordering and paying fo r a copy of this 7 8 8 transcript? AA RONS ON, RAPPAPORT, FEINSTEIN & DEUT CH, LLP 9 MR XANTHAKIS : Just electronic only . 9 Attorneys fo r Defendants NORTHWELL HEA LTH , fNC. and LONG ISLAN D 10 MS. BURKE: Same fo r me. 10 JEWISH MEDICA L CENTER 11 600 Third Avenue 12 11 New York, New York100 16 12 BY YAN IQUE BURKE, ESQ. 13 13 14 14 RU BIN, PAT ERNITI, GONZA LEZ & KAU FM AN , LLP Attorneys for Defendants 15 15 DEEPAK NANDA, MD, PC and DEE PAK NANDA, MD 16 555 Fifth Avenue, 6th Floor 17 16 NewYork, New York 100 17 17 BY STEV EN KRAUS , ES Q. 18 18 19 19 GA LVAN O & XANTH AKJ S, PC 20 Attorneys fo r Defendant 20 EMMANUEL M. PAFOS, MD 21 358 St. Marks Place, Suite 202 22 21 Staten Island, New York 1030 1 22 BY: ANTHONY XANTHAKIS, ESQ. 23 23 24 24 25 25 Page 3 Page 5 1 1 2 PRO CE EDINGS 2 STIPULATIONS 3 THE REPORTER: The attorneys 3 4 participating in this deposition 4 IT IS HEREBY STIPULATED, by and between the 5 acknowledge that I am not physically 5 attorneys fo r the respective parti es hereto, that : 6 present in the dep osition ro om and that I 6 All ri ghts provided by the CPLR, and Paii 22 1 7 wi ll be reporting this deposition 7 of the Uniform Ru les for the Conduct of Depositions, 8 remo tely. 8 incl uding the ri ght to object to any question, except 9 They fmther acknowledge that, in li eu 9 as to form , or to move to strike any testimony at th is 10 of an oath administered in person, I will 10 examination is reserved; and in addition, the fa ilure 11 administer the oath remotely, pursuant to 11 to object to any questi on or to move to strike any 12 Executi ve Order Number 202.7 issued by 12 testimony at thi s examination shall not be a bar or 13 Governor Cuomo on M arch 19, 2020 . 13 wa iver to make such moti on at, and is reserved to, 14 The pai1ies and their counsel consent 14 the tri al of th is acti on. 15 to this arrangement and waive any 15 Thi s deposition may be sworn to by the witness 16 obj ections to this manner of reporting. 16 being examined before a Notary Publ ic other than the 17 P lease indicate your agreement by statin g 17 Notary Pub lic before whom this examination was begun, 18 your name and your agreement on the 18 but the fai lure to do so or to return the original 19 record. 19 of thi s deposition to counsel, shall not be deemed a 20 MR. PAGLINAWAN: James S. Paglinawan, 20 waiver of the ri ghts prov ided by Ru le 311 6 of the 21 I agree. 21 CPLR, and shall be cont roll ed thereby. The fi li ng 22 MR. XANTHAKIS : Anthony Xanthakis, I 22 of the original of thi s depositi on is wai ved. 23 agree. 23 IT IS FURTHER STIPULATED, that a copy of thi s 24 MS . BURKE: Yanique Burke, I agree. 24 examination shall be fu rn ished to the attorney for 25 MR. KRAUS : Steven Kraus, I agree. 25 the witness being examined without charge. 2 (Pages 2 to 5) En right Co u rt Reporti n g (631) 589 - 7788 Electronically signed by Donna Gilmore (601-152-379 -5964) d0ac3eca-82b4-4b1 a-a0ba-50ba41 d07d3c FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021 Page 6 Page 8 1 1 Deepak Nanda, MD Ii 2 (Deepak Nanda, MD, PC office records 2 yet. If you have to take a break and there is a ll 3 3 4 were premarked as Plaintiffs Exhibit 1, and Prenatal record sunm1ary was premarked 4 pending question, I would ask that you answer the question and then we take a break. I 5 6 as Plaintiffs Exhibit 2 for identification, as of this date.) 5 6 Also, I need for you to wait until I'm finished asking the question before you sta11 to l Ii 7 DEEPAK NANDA, MD, 7 answer, even though sometimes you're able to 8 Defendant, having first been duly sworn by the 8 anticipate what my question is even before I'm 9 Notary Public, was examined and testified as 9 finished. 10 follows: 10 Are you clear with respect to the rules of 11 EXAMINATION BY 11 the deposition? 12 MR. PAGLINAWAN: 12 A Yes. 13 Q Please state your name for the record. 13 Q Doctor, are you cun-ently licensed to 14 A Deepak Nanda, MD. 14 practice medicine in New York State? 15 Q Please state your address for the record. 15 A Yes, I am. 16 A 61-55 98th Street, Rego Park, New York 16 Q When did you obtain that license? 17 11345 , and I have another office, 1300 Union 17 A January 1988. 18 Turnpike, New Hyde Park, New York 11040. 18 Q Are you licensed to practice as a 19 Q Good morning, Doctor. My name is James S. 19 physician in any other states or jurisdictions? 20 Paglinawan, and I work for The Paglinawan Finn, PC, 20 A No. 21 which is the law finn that represents Theresa and 21 Q Since you obtained your license to 22 Derek Robinson in this medical malpractice lawsuit 22 practice as a physician in New York State in January 23 in which you are named as a defendant today. 23 of 1988, has that license been restricted or limited 24 I'll be asking you some questions related 24 in any way? 25 to the care and treatment you provided to Theresa 25 A No. Page 7 Page 9 1 Deepak Nanda, MD 1 Deepak Nanda, MD 2 Robinson. I will begin by going over some basic 2 Q Can you tell me the name of the medical 3 rules with you. 3 school where you went? 4 First, we need for you to respond to my 4 A My medical school was in India. It's 5 questions using spoken words rather than using 5 called JNM Medical College, Raipur, and that was at 6 nonverbal gestures only. As you can see, 6 that time in Madhya Pradesh, India. 7 Ms . Gilmore is transcribing what I'm saying and she 7 Q At that time was that also called 8 will be doing the same with your testimony, so that 8 Ravishankar University? 9 in order for her to be able to transcribe your 9 A Yeah, that was the name of the university, 10 responses you would have to use spoken words. 10 yes. 11 Also, if you do not understand my question 11 Q When did you graduate from there? 12 for any reason , let me know. We are doing this 12 A I finished in 1980, after my rotating 13 vi11ually, meaning by video, so that sometimes you 13 internship. 14 may not be able to hear me clearly or for some 14 Q And how long was that medical program? 15 reason my screen is fro zen, if for some reason, 15 A That was four and a half years plus one 16 hopefully it doesn't happen, that my Wi-Fi fails and 16 year of rotating internship. 17 I get logged out. So if those are the issues, then , 17 Q That one year of rotating internship, what 18 you know, let me know and I'll repeat the question, 18 did that entail? 19 or if you don't understand the question I'l l 19 A Well , you rotated through different 20 replu·ase it in such a way that you'll be able to 20 specialties, including medicine, obstetrics, 21 understand it. 21 gynecology, surgery, et cetera, for a total of one 22 If you need to take a break during the 22 year. 23 deposition that is not a problem unless there is a 23 Q And after you finished that rotating 24 question that's pending. That means that I ask you 24 internship, what did you do next that was related to II 25 a question and you have not answered the question 25 the practice of medicine? __ j - ·-~,__,,.,,.,, 3 (Pages 6 to 9) Enr ig ht Court Reportin g (631) 589 - 7 7 88 El ectron ically s igned by Donna Gilm o re (601 -1 52- 379-5964) d0ac3eca- 82b4-4b1 a-a 0ba- 50 ba41 d07d3c FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021 Page 10 Page 12 1 Deepak Nanda, MD 1 Deepak Nanda, MD 2 A Well , I was, I did a house officer job in 2 Q W hat does that mean, you were fac ul ty? 3 general surge1y in India in the same school for six 3 A I was attending physician and clinical 4 months. Then in 1981 , Janua1y thrnugh December 1983 4 ass istant professor at SUNY Downstate at Kings 5 l did a residency in OB/GYN in New Delhi. 5 County. 6 In 19 -- 6 Q For how long did you keep that position? 7 MR. KRAUS: Okay, no problem. He'll 7 A I was there until 1996. 8 ask you .We'll get to it. 8 Q At some point did you open your own 9 Q So that residency in obstetrics in New 9 practice, priva te practice? 10 Delhi, that was for one yea r, correct? 10 A We had a facul ty prac tice when I was at 11 A No, it was three years. 11 SUNY Downstate. 12 Q When did you fini sh that? 12 Q Faculty practice, that means where you 13 A December 1983. 13 share the practice with other doctors? 14 Q And after you finished that, what di d you 14 A Yes . 15 do next as pa11 of your training to become a 15 Q And after yo u left SUNY Downstate, did you 16 physician? 16 then work at a different practice, private practice? 17 A I was, that was the end of my trai ning as 17 A Well , I went to a hospital, that was 18 a physician in Indi a. I did a short period of a 18 St. Joh.n's Hospital , it was in Queens, Queens 19 dischargeship and came to this count1y in 1984. 19 Boulevard, part of Catholic Medical Centers, and I 20 Q Did you complete any internship or 20 had a practice on the side at that time. 21 residency here in thi s count1y once you got here in 21 Q And for how long did you work at 22 1984? 22 St. Joh.n's Hospital ? 23 A Yes. 23 A Unti l 2003. 24 Q So let's start with the internships. Did 24 Q And what was your position there? 25 you complete any internships? 25 A I was an attending physician and I was Pag e 11 Pa g e 13 1 Deepak Nanda, MD 1 Deepak Nanda, MD 2 A So the first six months of 1984 I was a 2 maternal feta l medicine specialist. 3 house officer in general surge,y at Brookdale 3 Q What is maternal feta l medicine? 4 Hospital. After that, I did six months of 4 A It is obstetri cs, manages patients in 5 internship, because I got credit for the other six 5 obstetrics with feta l and maternal issues. It's a 6 months, at SUNY Downstate in Kings County Medical 6 specialty. 7 Center. T his was starting '85 , end of '84, early 7 Q And you said when you were in St. John's 8 '85 , and I finished the entire residency in 1988, 8 you had your pri vate practice as well on the side? 9 June. 9 A Yes. 10 Q And that residency, was it related to any 10 Q What was that practice ca lled? 11 spec ialty? 11 A Deepak Nanda, MD. I think at some point 12 A It was in OB/GYN. 12 it became Deepak Nanda, MD, PC. I'm not sure for 13 Q And after you fi nished that residency, 13 the date. 14 what did yo u do next? 14 Q Approximately when did it become Deepak 15 A I did a fel lowship in maternal feta l 15 Nanda, MD, PC? 16 medicine. 16 MR. KRAUS: If you can app roximate 17 Q And where was that? 17 If you can't just state so . that's fine . 18 A Same institution, SUNY Downstate in Kings 18 A I can estimate, but I'm not sure of the 19 County. 19 date. 20 Q And when did you finis h that fel lowship? 20 Q Approximately when. Was it in 1990s or 21 A That was in June of 1990. 21 sometime in 2000? 22 Q So once you fini shed that fe llowship in 22 A It was probably in 2000. 23 June of 1990, w hat did you do next? 23 Q In 2015 who were you employed by? 24 A I was fac ul ty at SUNY Downstate at Ki ngs 24 A I was employed by Long Island Jewish 25 County Hospital. 25 Hospital , part ofN01ihwell system. 4 (Pages 10 to 13) Enright Court Reporting (631) 5 89 - 7788 Electronically signed by Donna Gilmore (601-152-379-5964) d0ac3eca-82b4-4b1 a-a0ba-50ba41 d07d3c FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021 Page 14 Page 16 1 1 Deepak Nanda , MD 1 Deepak Nanda, MD 2 Q In 2016 who were you employed by? 2 Q Do you have any board ce11ifications? 3 A I was employed by Long Island Jewish 3 A Yes. 4 Hospital , which is a part of the N011hwell Health 4 Q In how many specialty areas? 5 system. At that time it was called North Shore-LIJ. 5 A In obstetrics and gynecology, and in 6 MR. KRAUS: Were you also employed by 6 maternal fetal medicine. 7 Nanda MD, PC? 7 Q And when did you become board certified in 8 THE WITNESS: Yes. 8 obstetrics and gynecology? 9 A I was also employed by my PC. 9 A 1991. 10 Q Dr. Emmanuel M. Pafos, MD, was he ever an 10 Q Did you have to rece11ify for that every 11 employee of your private practice? 11 now and then? 12 A He joined the practice in 2016. 12 A Yes. In fact, every year we have a 13 Q And in 2016 what was his title at your 13 rece11ification exam. 14 practice? 14 Q When was the last time you recertified for 15 A There was no title. I mean, he was an 15 OB/GYN? 16 attending physician. 16 A December of last year, OB/GYN. 17 Q So when you say practice, are you 17 Q And your board ce11ification in maternal 18 refen-ing to Deepak Nanda , MD, PC? 18 fetal medicine, when was the first time you obtained 19 A Con-ect. 19 that? 20 Q In 2016 did you consider him to be an 20 A 1995. 21 employee of that private practice? 21 Q And do you have to rece1iify for that as 22 A He was initially hired as an employee, 22 well? 23 yes. 23 A Yes. It's a combined exam, so it was at 24 Q And then at some point did he, did his 24 the same time, December 2020 was the last time. 25 position change from an employee to something else? 25 Q In 2015 did you maintain a private office? Page 15 Page 17 1 Deepak Nanda, MD 1 Deepak Nanda, MD 2 A Well , at some point in his contract he was 2 A Yes. 3 an employee for 1 1/2 years, and after that the 3 Q Where was that located? 4 designation was different. 4 A 61-55 98th Street in Rego Park. 5 Q Did he ever become a shareholder at your 5 Q Did you maintain only one office in 2015 ? 6 private practice? 6 A Yes. 7 A No. 7 Q In 2015 did you maintain an office in Long 8 Q In April of2016 specifically, I'm only 8 Island Jewish Medical Center? 9 focused about that particular time, what was his 9 A Yes, there was, I did see patients in Long 10 title at Deepak Nanda, MD, PC? 10 Island Jewish Medical Center as an employee of the 11 A He was employee, I believe. 11 hospital , but I had only one private office. 12 Q So other than Dr. Pafos in 2016, did you 12 Q Ms . Theresa Robinson, you saw her in an 13 have any other physicians who were employed as 13 office setting, coITect? 14 employees at Deepak Nanda, MD, PC? 14 A C01Tect. 15 A No. 15 Q Where did you see her? 16 Q In 2016 did you have any hospital 16 A In Rego Park. 17 privileges? 17 Q In 2016 did you maintain that office as 18 A Yes. 18 well? 19 Q How many hospitals? 19 A I didn't understand the question . 20 A Well , I was practicing at Long Island 20 Q In 2015 -- excuse me -- 2016 did you 21 Jewish Hospital and I believe I had privileges at 21 maintain that Rego Park office? 22 North Shore Manhasset, and I'm not sure at that time 22 A Yes. 23 that I retained privi leges at Flushing Hospital 23 Q And in 2016 did you open any other offices 24 Medical Center, but I never went to that hospital , 24 anywhere? 25 so I don't know the times. 25 A No. -- -- ........ - .,,.,, 5 (Pages 14 to 17) Enright Court Reporting (631) 589 - 7788 Electron ically signed by Donna Gilmore (601 -1 52-37 9-5964) d0ac3eca-82b4-4b1 a-a 0ba-50ba41d07 d 3c FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021 Page 18 Page 20 1 Deepak Nanda , MD 1 Deepak Nanda, MD 2 Q In 2016 did you also see Theresa Robinson 2 screen -- 3 there in the same office in Rego Park? 3 MR. PAGLINAWAN: Off the record. 4 A Yes . 4 (Discussion held off the record.) 5 Q At any point did you ever see Theresa 5 MR. KRAUS: Let's just take a 6 Robinson in your office at Long Island Jewish 6 five-minute break then. 7 Medical Center? 7 (A brief recess was taken from 8 A She visited the antepa1tum testing unit at 8 12:08 p.m. to 12:33 p.m.) 9 the hospital before she was a patient of mine, and I 9 (Dr. Nanda's copy of office records 10 may have seen her over there. 10 was marked as Plaintiffs Exhibit 3, for 11 MR. KRAUS: Just tell him what you 11 identification, as of thi s date.) 12 remember. 12 CONTINUED EXAMINATION I 13 A If I may look at my records? 13 BY MR. PAGLINAWAN: 14 Q Please. So just so the records that you 14 Q So Doctor, before you reviewed any 15 have, at least a copy of it, we've marked as 15 documents to prepare for this deposition, did you at 16 Plaintiff's Exhibit No. 1 today for identification. 16 all have any independent recoll ection of any 17 A September 25 , 2015 I saw her in the 17 discussions that you might have had with Theresa 18 antepartum testing unit at the hospital. 18 Robinson ? 19 MR. PAGLINAWAN: Donna, could you 19 A No, I don't. 20 please read back the question. 20 Q So I'm just going to go through some names 21 (The requested portion of the record 21 here, right, and then ask you some questions. 22 was read by the reporter.) 22 Dr. Proshat, P-R-O-S-H-A-T, Shekarloo, 23 Q And what was the reason you saw her at the 23 S-H-E-K-A-R-L-O-O. Do you remember who this doctor 24 antepartum testing unit at the hospital at that 24 was at that time in 2016? 25 time? 25 A Yes. Page 19 Page 21 1 Deepak Nanda, MD 1 Deepak Nanda, MD 2 A She had come in for nuclear transducer 2 Q Who was this doctor? 3 ultrasound examination and I was a physician who was 3 A She was a resident at the hospital. 4 there along with my sonographer. 4 Q Do you have any independent recollection 5 Q And after that you started seeing her in 5 of any discussions that you might have had with 6 your private office in Rego Park? 6 Dr. Shekarloo regarding Ms. Robinson? 7 A I'm not sure it's immediately after that. 7 A No. 8 At some point she made an appointment to see me in 8 Q Dr. Leat Mechlovitz. L-E-A-T, 9 my office in Rego Park. 9 M-E-C-H-L-O-V-I-T-Z. Do you remember who 10 Q To prepare for this deposition, Doctor, 10 Dr. Mechlovitz was in 2016? 11 did you review any documents? 11 A Yes, she was a resident as well. 12 A I reviewed my office records and I 12 Q Do you have any independent recollection 13 reviewed pai1 of the hospital record. 13 of any discussions that you might have had with 14 MR. KRAUS: What hospital? 14 Dr. Mechlovitz regarding Ms. Robinson? 15 THE WITNESS : The Long Island Jewish 15 A No, I don't. 16 Hospital record when she was admitted. 16 Q Sarah Siegel, RN, do you remember who she 17 Q So we marked today, as I said, as 17 wasin2016? 18 P laintiffs Exhibit 1 a copy of your office records 18 A Yes, I know who she was, a nurse. 19 from Deepak Nanda, MD, PC. Did you get a copy of 19 Q Do you have any independent recollection 20 what we marked as Plaintiffs Exhibit No. 1? 20 of any discussions that you might have had with 21 A I have a copy of the record in front of me 21 RN Siegel regarding this patient? 22 that I brought. 22 A No. I 23 MR. KRAUS: Not that pai1icular 23 Q Do you have any independent recollection 24 record, but he has his own record brought 24 of any discussions that you rnight have had with 25 with him. If you want to show him on the 25 Dr. Pafos regarding this patient? 6 (Pages 18 to 21) Enright Court Reporting (631) 589 -77 8 8 Elect ron ically signed by Donna Gilm ore (60 1-1 52-379-5964) d0 ac3e ca-8 2b4-4b1 a-a0ba-50ba41 d07d3c FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021 Page 22 Pa g e 24 1, 1 Deepak Nanda , MD 1 Deepak Nanda , MD I 2 A I have no independent recollection. 2 it was Apri l 12, 2016. 3 Q So let's go over your treatment of this 3 Q And after she was discharged during that 4 patient. We marked three documents as 4 admission for the purpose of giving birth, did you 5 Plaintiff's1, 2 and 3. They're medical records 5 see her in an office setting? 6 related to the care and treatment that you provided 6 A I did not see her in the office setting. 7 to this patient.If at any point you need to refer 7 I believe my partner may have. 8 to the medical records to respond to my questions 8 Q So let's go over the first visit, your 9 let me know. It's not a problem .We just need to 9 first treatment of this particular patient. We're 10 know, I just need to know what medical records 10 going to go through this very, very quickly, don't 11 you're refening to. Okay? 11 worry about it. So I'm just going to ask you a 12 A Yes. 12 couple of questions related to that. And you said 13 MR. KRAUS : James, could you just tell 13 that would be at the antepartum unit, conect, on 14 us for the record, what are Exhibits 1, 2 14 September 25 , 2015 ? 15 and 3, so we're all on the same page? 15 A Yes. 16 MR. PAGLINAWAN: All right. Okay. 16 Q Did you write any notes related to your 17 Q So let's determine here the scope of your 17 care and treatment of this patient that day? 18 treatment. 18 A Well , there is an ultrasound report there. 19 When was the first time you provided care 19 I'm trying to refer to that page. 20 and treatment to this patient? 20 Q And where is that -- so just so we're 21 A I have to go through my record for the 21 clear, you're looking at Plaintiff's Exhibit No . 3, 22 dates. 22 conect? 23 Q Okay. So Doctor, we marked as Plaintiff's 23 MR. KRAUS: The office records, yes. 24 Exhibit No. 3 what looks like a complete copy of 24 Q Yes? 25 your office records. Is that what you need to look 25 A Yes . I'm looking at an ultrasound rep01i Pag e 23 Page 25 1 Deepak Nanda, MD 1 Deepak Nanda, MD 2 at to answer my question? 2 from September 29, 2015. It was signed by me. It 3 A Yes. So on December 8th there was a new 3 was a visit for nuchal translucency testing in the 4 patient examination. That's when I first saw her. 4 hospital. 5 MR. KRAUS: In the office. 5 Q And what was the purpose of that 6 A 2015 , in the office. 6 ultrasound? 7 Q In the office, okay. But prior to that, 7 A An ultrasound is done on almost everyone. 8 you also saw her, as you testified earlier, in the 8 It is to dete1mine if the nuchal, the translucency 9 antepartum area of Long Island Jewi sh Medical 9 behind the neck is thick or thin, and it's combined 10 Center, conect? 10 with blood test for determining higher risk for 11 A Yes. 11 chromosomal abnormalities like Down syndrome. 12 Q Okay. So the first time you saw her in 12 Q And looking at the report for that 13 the antepartum setting, was that the first time you 13 ultrasound perfom1ed on September 25 , 2015 , so if 14 saw her? 14 we're looking at the electronic copy of it, that 15 MR. KRAUS : If you recall. 15 would be page 42 of Plaintiffs Exhibit No. 3, was 16 A I don't recall seeing her before. 16 there anything significant with respect to those 17 Q So when you reviewed medical records to 17 results? 18 prepare for this deposition , was that the earliest 18 A No. 19 entry that you could find that you authored related 19 Q Were you the one who performed the 20 to your care and treatment of Ms. Robinson? 20 ultrasound on this patient that day? 21 A Yes. 21 A There is a sonographer who performs and we 22 Q And when was the last time you treated 22 look at it with the patient in the room, sometimes 23 her? 23 we scan ourselves as well. So I can't tell you ifl 24 A The last time I saw her was in the 24 did it myself or my sonographer did it, but I 25 hospital , I believe -- I don't remember the date -- 25 reviewed it. --·,.-- ,_l 7 (Pages 22 to 25) Enright Court Re p o rting (63 1 ) 589 - 7788 Electronically signed by Donna Gilmore (601-152-379-5964) d0ac3eca-82b4-4b1 a-a0ba-50ba41 d07d3c FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 06/14/2021 Page 26 Page 28 1 2 3 Q Deepak Nanda, MD This ultrasound report, is this the only document that was generated from that visit from 1 2 3 Deepak Nanda , MD an examination of this patient? A Other than the exam at 12 weeks, yes, in I 4 September 25 , 2015? 4 the office first time. 5 A As far as I know that was the only 5 Q And looking at this, Doctor, what did you 6 document. 6 know regarding this patient's obstetrical his