Preview
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019
EXHIBIT "I
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019
Dr. Scott Berlin
December 09, 2016 1
1 SUPREME COURT OF THE STATE OF NEW YORK
2 COUNTY OF SUFFOLK
3 -----------------------------------X
4 xxxxxx xxxxxxxx on behalf of . , an
infant under the age of 18, and xxxxxx xxxxxxxx,
5 Individually,
6
Plaintiffs,
7
8 - against - INDEX NO.;
026910-12
RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT
10 . BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY
PSYCHOLOGY OF LONG ISLAND, .BERLIN OBGYN ASSOCIATES,
11 JANSSEN KNA ORTHO-MCNEIL-
PHARMACEUTICALS, INC.,
JANSSEN PHARMACEUTICALS, IC., and ZYDUS
12 PHARMACEUTICALS USA, INC.,
13 Defendants.
14
------------------------·-------·----X
15
320 Carleton Avenue
16 Central Islip, New York
17
December 9, 2016
18 10:30 a.m.
19 EXAMINATION BEFORE TRIAL
20 OF DR. SCOTT BERLIN, the Defendant herein, taken by
21 the Defense, pursuant to an Order and held before
22 Kimberly Dean, a Notary Public of the State of
23 New York at the above-stated time and place.
24
25
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019
Dr. Scott Berlin
December 09, 2016 2
1
2
3 APPEARENCESr
4 KAUFMAN BORGEEST & RYAN, LLP.
Attorneys for Family Psychology
5 1205 Franklin Avenue
Suite 200
6 Garden City, New York 11530
7
BY: SADE FORTE, ESQ.
8
9
NAPOLI BERN RIPKA SHKOLNIK, LLP.
10 Attorneys for the Plaintiff
350 5th Avenue
11 Suite 7413
New York, New York 10118
12
13 BY: xxxxxx xxxxxxx, ESQ.
14
15 BARTLETT MCDONOUGH & MONAGHAN, LLP.
Attorneys for Berlin
16 320 Carleton Avenue
Central Islip, New York 11722
17
18 BY: GLEN PENARSKI, ESQ.
19
20 BOWER LAW, P.C. .
Attorneys for Taddeo
21 1220 RXR Plaza
Uniondale, New York 11556
22
BY: DOUGLAS STEBBINS, ESQ.
23
24
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 43 ( ( RECEIVED NYSCEF: 01/09/2019
Dr. Scott Berlin
December 09, 2016 3
2 ANGEL & MCCARTHY , ESQ.
Attorneys for Pitch
3 170 Old Country Road
Mineola, New York 11501
4
BY : ANGELA FABIANO, ESQ .
5
6 PATTERSON BELKNAP WBBB & TYLER, LLP.
Attorneys for Janssen
7 1133 Avenue of the Americas
New York, New York 10036
8
BY: MATTHEW WEBB, ESQ.
9
10 SILLS CUMMIS & GROSS, P.C.
Attorneys for Zydus
11 30 Rockefeller Plaza
New York, New York 10112
12
BY: ANDREW SCHNARTZ, ESQ.
13
14
15
16
17
18
19
20
21
22
23
24
25
( .
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019
Dr. Scott Berlin
December 09, 2016 4
1 S T I P U L A T I O N S
2
3 IT IS HEREBY STIPOLATED AND AGREED by and
4 between 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 th.e parties recognize the provision of
8 Rule 3115 subdivisions (b), (c) and/or (d). All
9 objections made at a deposition shall be noted by
10 the officer before whom the deposition is taken,
11 and the answer shall be given and the deposition
12 shall proceed subject to the objections and to the
13 right of a person to apply for appropriate relief
14 pursuant to Article 31 of the CPLR.
15 THAT every objection raised during a
16 deposition shall be stated succinctly and framed so
17 as not to suggest an answer to the deponent and, at
18 the request of the questioning attorney, shall
19 include a clear statement as to any defect in form
20 or other basis of error or irregularity. Except to
21 the extent permitted by CPLR Rule 3115 or by this
22 rule, during the course of the examination persons
.23 in attendance shall not make statements or comments
24 that interfere with the questioning.
25 THAT a deponent shall answer all questions at
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019
Dr. Scott Berlin
December 09, 2016 S
1 a deposition, except (i) to preserve a privilege or
2 right of confidentiality, (ii) to enforce a
3 limitation set forth in an order of a court,
4 or (iii) when the question is plainly improper
5 and would, if answered, cause significant
6 prejudice to any person, An attorney shall
7 not direct a deponent not to answer except as
8 provided in CPLR Rule 3115 or this
9 subdivision. Any refusal to answer or
10 direction not to answer shall be accompanied
11 by a succinct and clear statement of the basis
12 therefore. If the deponent does not answer a
13 question, the examining party shall have the
14 right to complete the remainder of the
15 deposition.
16 THAT an attorney shall not interrupt the
17 deposition for the purpose of communicating with
18 the deponent unless all parties consent
19 or the communication is made for the purpose of
20 determining whether the question should not
21 be answered on the grounds set forth in
22 section 221.2 of these rules and, in such
23 event, the reason for the communication shall
24 be state for the record succinctly and clearly.
25 THAT failure to object to any question or
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019
Dr. Scott Berlin
December 09, 2016 6
1 to move to strike and testimony at this
2 examination shall not be a bar or waiver to
3 make such objection or motion at the time of
4 the trial of this action, and is hereby
5 reserved; and
6 TEAT this examination may be signed and
7 sworn to by the witness examined herein before any
8 Notary Public, but failure to do so or to
9 return the original of the examination to the
10 Attorney on whose behalf the examination 'is
11 taken shall not be deemed a waiver of the
12 rights provided by Rules 3116 and 3117 of the
13 CPLR, and shall be controlled thereby, and
14 TEAT certification and filing of the
15 original of this examination are _waived; and
16 THAT the questioning attorney shall
17 provide counsel for the witness examined
18 herein with a copy of this examination at no
19 charge.
20
21
22
23
24
25
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019
Dr. Scott Berlin
December 09, 2016
1 DR, SCOTT BERLIN
2 D R. S C O T T B E R L I N,
3 called as a witness, after first having been
4 duly sworn by Kimberly Dean, a Notary Public in and
5 for the State of New York, was examined and
6 testified as follows:
7 DIRECT EXAMINATION BY xxxxxx xxxxxxx, ESQ,
8 COURT REPORTER: State your name and
9 address for the record, please.
10 THE WITNESS: Dr. Scott Berlin. 2330
11 Union Boulevard, Islip, New York 11751.
12 (Witness sworn.)
13 MR. xxxxxxx: Good morning,
14 Dr. Berlin. My name is xxxxxx xxxxxxx. I'm
15 an attorney with the firm Napoli Shkolnik,
16 and we represent the Schallers in this case.
17 I am going to be asking you some
18 questions about your treatment and
19 involvement with xxxxxx Schallerts care.
20 Just a few instructions before we get
21 started. If you don't understand any of my
22 questions, just let me know. I will do my
23 best to rephrase them in a different way.
24 If at any time you want a break,
25 again, that is fine, just let us know. I
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019
Dr. Scott Berlin
December 09, 2016 8
1 DR. SCOTT BERLIN
2 just ask that if there's a question still
3 pending you answer the question before we
4 step outside for a break.
5 All of your answers and all of my
6 questions have to be verbal so that the
7 court reporter can take down everything that
8 we are saying. So just no head nods or
9 anything like that.
10 A. Okay.
11 Q. Okay.
12 Are you currently licensed to practice
13 medicine in the state of New York?
14 A. Yes.
15 Q. Do you have a CV with you today or no?
16 A. No.
17 Q. When did you first become licensed to
18 practice medicine is the state of New York?
19 A. I believe it was July 1994.
20 Q. Have you ever been licensed in any other
21 states other than New York?
22 A. Yes.
23 Q. What states?
24 A. Illinois.
25 Q. When did you becoma licensed in
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019
Dr. Scott Berlin
December 09, 2016 9
1 DR. SCOTT BERLIN
2 Illinois?
3 A. It was during residency, so probably
4 1992.
5 Q. Okay. Are you still licensed to
6 practice medicine in Illinois?
7 A. No.
8 Q. After completing your residency did you
9 ever practice again in Illinois?
10 A. No.
11 Q. Where did you go 'to medical school?
12 A. Chicago Med.
13 Q. When did you graduate?
14 A. 1990.
15 Q. And where did you do your residency?
16 A. Residency was University of Illinois.
17 Q. When did you complete your residency?
18 A. I think it was June of '94.
19 Q. And why don't you tell me generally your
20 education after completing your residency
21 fellowship. Anything else?
22 A. No fellowship. That was completed when
23 my residency completed.
24 Q. Are you board certified?
25 A. Yes.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019
Dr. Scott Berlin
December 09, 2016 10
1 DR. SCOTT BERLIN
2 Q. What areas of medicine are you board
3 certified?
4 A. Obstetrics and gynecology.
5 Q. When did you become board certified?
6 A. I think it was 1991.
7 Q. Has your license to practice medicine in
8 New York or Illinois ever been suspended or
9 revoked?
10 A. No.
11 Q. All right. Have you ever authored any
12 scholarly articles either in medical journals or
13 anything of that nature?
14 A. Yes.
15 Q. Could you approximate how many?
16 A. One journal article.
17 Q. In which journal was that one journal
18 article?
19 A. Reproductive Endocrinology.
20 Q. What was the title, if you know, of that
21 article?
22 A. Fibroma of the Vulva.
23 Q. Any other scholarly articles other than
24 that one journal·article?
25 . A. N'o.
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 43 ( RECEIVED NYSCEF: 01/09/2019
Dr. Scott Berlin
December 09, 2016 11
1 DR. SCOTT BERLIN
2 Q. Do you currently maintain any attending
3 privileges at any hospitals?
4 A. Yes.
5 Q. In which hospitals?
6 A. Southside Hospital.
7 Q. Since becoming licensed in New York,
8 have you held privileges at any other hospitals
9 other than Southside?
10 A. Yes.
11 Q. What other hospitals?
12 A. Good Samaritan and Lincoln Hospital in
13 the Bronx.
14 Q. When did you first receive your
15 attending privileges at Southside?
16 A. 1994.
17 Q. Have you maintained privileges at
18 Southside since 1994?
19 A. Yes.
20 Q. Have your attending privileges at any of
21 the hospitals that you just named ever been
22 suspended or revoked?
23 A. No.
24 Q. Do you hold currently any teaching
25 privileges?
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 43 ( ( RECEIVED NYSCEF: 01/09/2019
Dr. Scott Berlin
December 09, 2016 12
1 DR. SCOTT BERLlN
2 A. Yes.
3 Q. Where is that?
4 A. Southside Hospital, which is part of the
5 Northwell Health System, and I'm assistant clinical
6 professor for Hofstra/Northwell University,
7 whatever termination they are calling it now.
8 Q. I understand,
9 When did you first begin teaching with the
10 Northwell System?
11 A. I believe that was 2013.
12 Q. Do you teach in a clinical setting
13 residents or do you teach in a classroom setting?
14 A. Clinical setting.
15 Q. Are you currently in private practice as
16 well?
17 A. Yes.
18 Q. What is the name of your private
19 practice?
20 A. Berlin OBGYN at Northwell Health.
21 Q. Are you the owner of that practice?
22 A. No, Northwell Health System is.
23 Q. Since when have you been with that
24 private practice?
25 A. With Northwell or before Northwell?
U.S. LEGAL SUPPORT
(877) 479-2484
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 43 I ( RECEIVED NYSCEF: 01/09/2019
Dr. Scott Berlin
December 09, 2016 13
1 DR. 5COTT BERLIN
2 Q. When did Berlin OBGYN come into
3 existence?
4 A. I joined my father in 1994, so it was
5 there before I was there.
6 Q. Your father was Dr. Berlin and that was
7 his practice?
8 A. Correct.
9 Q. Are you currently an employee of
10 Northwell Health?
11 A. Yes.
12 Q. Back in 2009, 2010, were you an employee
13 of what Northwell Health used to be called,
Preview
FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019 EXHIBIT "I FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019 Dr. Scott Berlin December 09, 2016 1 1 SUPREME COURT OF THE STATE OF NEW YORK 2 COUNTY OF SUFFOLK 3 -----------------------------------X 4 xxxxxx xxxxxxxx on behalf of . , an infant under the age of 18, and xxxxxx xxxxxxxx, 5 Individually, 6 Plaintiffs, 7 8 - against - INDEX NO.; 026910-12 RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT 10 . BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, .BERLIN OBGYN ASSOCIATES, 11 JANSSEN KNA ORTHO-MCNEIL- PHARMACEUTICALS, INC., JANSSEN PHARMACEUTICALS, IC., and ZYDUS 12 PHARMACEUTICALS USA, INC., 13 Defendants. 14 ------------------------·-------·----X 15 320 Carleton Avenue 16 Central Islip, New York 17 December 9, 2016 18 10:30 a.m. 19 EXAMINATION BEFORE TRIAL 20 OF DR. SCOTT BERLIN, the Defendant herein, taken by 21 the Defense, pursuant to an Order and held before 22 Kimberly Dean, a Notary Public of the State of 23 New York at the above-stated time and place. 24 25 U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019 Dr. Scott Berlin December 09, 2016 2 1 2 3 APPEARENCESr 4 KAUFMAN BORGEEST & RYAN, LLP. Attorneys for Family Psychology 5 1205 Franklin Avenue Suite 200 6 Garden City, New York 11530 7 BY: SADE FORTE, ESQ. 8 9 NAPOLI BERN RIPKA SHKOLNIK, LLP. 10 Attorneys for the Plaintiff 350 5th Avenue 11 Suite 7413 New York, New York 10118 12 13 BY: xxxxxx xxxxxxx, ESQ. 14 15 BARTLETT MCDONOUGH & MONAGHAN, LLP. Attorneys for Berlin 16 320 Carleton Avenue Central Islip, New York 11722 17 18 BY: GLEN PENARSKI, ESQ. 19 20 BOWER LAW, P.C. . Attorneys for Taddeo 21 1220 RXR Plaza Uniondale, New York 11556 22 BY: DOUGLAS STEBBINS, ESQ. 23 24 U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 43 ( ( RECEIVED NYSCEF: 01/09/2019 Dr. Scott Berlin December 09, 2016 3 2 ANGEL & MCCARTHY , ESQ. Attorneys for Pitch 3 170 Old Country Road Mineola, New York 11501 4 BY : ANGELA FABIANO, ESQ . 5 6 PATTERSON BELKNAP WBBB & TYLER, LLP. Attorneys for Janssen 7 1133 Avenue of the Americas New York, New York 10036 8 BY: MATTHEW WEBB, ESQ. 9 10 SILLS CUMMIS & GROSS, P.C. Attorneys for Zydus 11 30 Rockefeller Plaza New York, New York 10112 12 BY: ANDREW SCHNARTZ, ESQ. 13 14 15 16 17 18 19 20 21 22 23 24 25 ( . U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019 Dr. Scott Berlin December 09, 2016 4 1 S T I P U L A T I O N S 2 3 IT IS HEREBY STIPOLATED AND AGREED by and 4 between 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 th.e parties recognize the provision of 8 Rule 3115 subdivisions (b), (c) and/or (d). All 9 objections made at a deposition shall be noted by 10 the officer before whom the deposition is taken, 11 and the answer shall be given and the deposition 12 shall proceed subject to the objections and to the 13 right of a person to apply for appropriate relief 14 pursuant to Article 31 of the CPLR. 15 THAT every objection raised during a 16 deposition shall be stated succinctly and framed so 17 as not to suggest an answer to the deponent and, at 18 the request of the questioning attorney, shall 19 include a clear statement as to any defect in form 20 or other basis of error or irregularity. Except to 21 the extent permitted by CPLR Rule 3115 or by this 22 rule, during the course of the examination persons .23 in attendance shall not make statements or comments 24 that interfere with the questioning. 25 THAT a deponent shall answer all questions at U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019 Dr. Scott Berlin December 09, 2016 S 1 a deposition, except (i) to preserve a privilege or 2 right of confidentiality, (ii) to enforce a 3 limitation set forth in an order of a court, 4 or (iii) when the question is plainly improper 5 and would, if answered, cause significant 6 prejudice to any person, An attorney shall 7 not direct a deponent not to answer except as 8 provided in CPLR Rule 3115 or this 9 subdivision. Any refusal to answer or 10 direction not to answer shall be accompanied 11 by a succinct and clear statement of the basis 12 therefore. If the deponent does not answer a 13 question, the examining party shall have the 14 right to complete the remainder of the 15 deposition. 16 THAT an attorney shall not interrupt the 17 deposition for the purpose of communicating with 18 the deponent unless all parties consent 19 or the communication is made for the purpose of 20 determining whether the question should not 21 be answered on the grounds set forth in 22 section 221.2 of these rules and, in such 23 event, the reason for the communication shall 24 be state for the record succinctly and clearly. 25 THAT failure to object to any question or U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019 Dr. Scott Berlin December 09, 2016 6 1 to move to strike and testimony at this 2 examination shall not be a bar or waiver to 3 make such objection or motion at the time of 4 the trial of this action, and is hereby 5 reserved; and 6 TEAT this examination may be signed and 7 sworn to by the witness examined herein before any 8 Notary Public, but failure to do so or to 9 return the original of the examination to the 10 Attorney on whose behalf the examination 'is 11 taken shall not be deemed a waiver of the 12 rights provided by Rules 3116 and 3117 of the 13 CPLR, and shall be controlled thereby, and 14 TEAT certification and filing of the 15 original of this examination are _waived; and 16 THAT the questioning attorney shall 17 provide counsel for the witness examined 18 herein with a copy of this examination at no 19 charge. 20 21 22 23 24 25 U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019 Dr. Scott Berlin December 09, 2016 1 DR, SCOTT BERLIN 2 D R. S C O T T B E R L I N, 3 called as a witness, after first having been 4 duly sworn by Kimberly Dean, a Notary Public in and 5 for the State of New York, was examined and 6 testified as follows: 7 DIRECT EXAMINATION BY xxxxxx xxxxxxx, ESQ, 8 COURT REPORTER: State your name and 9 address for the record, please. 10 THE WITNESS: Dr. Scott Berlin. 2330 11 Union Boulevard, Islip, New York 11751. 12 (Witness sworn.) 13 MR. xxxxxxx: Good morning, 14 Dr. Berlin. My name is xxxxxx xxxxxxx. I'm 15 an attorney with the firm Napoli Shkolnik, 16 and we represent the Schallers in this case. 17 I am going to be asking you some 18 questions about your treatment and 19 involvement with xxxxxx Schallerts care. 20 Just a few instructions before we get 21 started. If you don't understand any of my 22 questions, just let me know. I will do my 23 best to rephrase them in a different way. 24 If at any time you want a break, 25 again, that is fine, just let us know. I U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019 Dr. Scott Berlin December 09, 2016 8 1 DR. SCOTT BERLIN 2 just ask that if there's a question still 3 pending you answer the question before we 4 step outside for a break. 5 All of your answers and all of my 6 questions have to be verbal so that the 7 court reporter can take down everything that 8 we are saying. So just no head nods or 9 anything like that. 10 A. Okay. 11 Q. Okay. 12 Are you currently licensed to practice 13 medicine in the state of New York? 14 A. Yes. 15 Q. Do you have a CV with you today or no? 16 A. No. 17 Q. When did you first become licensed to 18 practice medicine is the state of New York? 19 A. I believe it was July 1994. 20 Q. Have you ever been licensed in any other 21 states other than New York? 22 A. Yes. 23 Q. What states? 24 A. Illinois. 25 Q. When did you becoma licensed in U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019 Dr. Scott Berlin December 09, 2016 9 1 DR. SCOTT BERLIN 2 Illinois? 3 A. It was during residency, so probably 4 1992. 5 Q. Okay. Are you still licensed to 6 practice medicine in Illinois? 7 A. No. 8 Q. After completing your residency did you 9 ever practice again in Illinois? 10 A. No. 11 Q. Where did you go 'to medical school? 12 A. Chicago Med. 13 Q. When did you graduate? 14 A. 1990. 15 Q. And where did you do your residency? 16 A. Residency was University of Illinois. 17 Q. When did you complete your residency? 18 A. I think it was June of '94. 19 Q. And why don't you tell me generally your 20 education after completing your residency 21 fellowship. Anything else? 22 A. No fellowship. That was completed when 23 my residency completed. 24 Q. Are you board certified? 25 A. Yes. U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 43 RECEIVED NYSCEF: 01/09/2019 Dr. Scott Berlin December 09, 2016 10 1 DR. SCOTT BERLIN 2 Q. What areas of medicine are you board 3 certified? 4 A. Obstetrics and gynecology. 5 Q. When did you become board certified? 6 A. I think it was 1991. 7 Q. Has your license to practice medicine in 8 New York or Illinois ever been suspended or 9 revoked? 10 A. No. 11 Q. All right. Have you ever authored any 12 scholarly articles either in medical journals or 13 anything of that nature? 14 A. Yes. 15 Q. Could you approximate how many? 16 A. One journal article. 17 Q. In which journal was that one journal 18 article? 19 A. Reproductive Endocrinology. 20 Q. What was the title, if you know, of that 21 article? 22 A. Fibroma of the Vulva. 23 Q. Any other scholarly articles other than 24 that one journal·article? 25 . A. N'o. U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 43 ( RECEIVED NYSCEF: 01/09/2019 Dr. Scott Berlin December 09, 2016 11 1 DR. SCOTT BERLIN 2 Q. Do you currently maintain any attending 3 privileges at any hospitals? 4 A. Yes. 5 Q. In which hospitals? 6 A. Southside Hospital. 7 Q. Since becoming licensed in New York, 8 have you held privileges at any other hospitals 9 other than Southside? 10 A. Yes. 11 Q. What other hospitals? 12 A. Good Samaritan and Lincoln Hospital in 13 the Bronx. 14 Q. When did you first receive your 15 attending privileges at Southside? 16 A. 1994. 17 Q. Have you maintained privileges at 18 Southside since 1994? 19 A. Yes. 20 Q. Have your attending privileges at any of 21 the hospitals that you just named ever been 22 suspended or revoked? 23 A. No. 24 Q. Do you hold currently any teaching 25 privileges? U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 43 ( ( RECEIVED NYSCEF: 01/09/2019 Dr. Scott Berlin December 09, 2016 12 1 DR. SCOTT BERLlN 2 A. Yes. 3 Q. Where is that? 4 A. Southside Hospital, which is part of the 5 Northwell Health System, and I'm assistant clinical 6 professor for Hofstra/Northwell University, 7 whatever termination they are calling it now. 8 Q. I understand, 9 When did you first begin teaching with the 10 Northwell System? 11 A. I believe that was 2013. 12 Q. Do you teach in a clinical setting 13 residents or do you teach in a classroom setting? 14 A. Clinical setting. 15 Q. Are you currently in private practice as 16 well? 17 A. Yes. 18 Q. What is the name of your private 19 practice? 20 A. Berlin OBGYN at Northwell Health. 21 Q. Are you the owner of that practice? 22 A. No, Northwell Health System is. 23 Q. Since when have you been with that 24 private practice? 25 A. With Northwell or before Northwell? U.S. LEGAL SUPPORT (877) 479-2484 FILED: SUFFOLK COUNTY CLERK 01/09/2019 10:58 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 43 I ( RECEIVED NYSCEF: 01/09/2019 Dr. Scott Berlin December 09, 2016 13 1 DR. 5COTT BERLIN 2 Q. When did Berlin OBGYN come into 3 existence? 4 A. I joined my father in 1994, so it was 5 there before I was there. 6 Q. Your father was Dr. Berlin and that was 7 his practice? 8 A. Correct. 9 Q. Are you currently an employee of 10 Northwell Health? 11 A. Yes. 12 Q. Back in 2009, 2010, were you an employee 13 of what Northwell Health used to be called,