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FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019
[Page 401]
SUPREME COÚRT OF THE STATE OF NEW YORK
COpy
COUNTY OF SUFFOLK
xxxxxx xxxxxxxx, on behalf of C
S , an infant under the age of and
18,
xxxxxx xxxxxxxx, Individually,
PLAINTIFFS,
-against-
Index No:
026910/12
RONALD J. TADEO, M.D., RICHARD M.D.
PITCH, ,
SCOTT BERLIN, M.D. , SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG
ISLAND, BERLIN OBGYN ASSOCIATES, ASSOCIATES,
. JANSSEN PHARMACEUTICALS, INC. and ZYDUS
PHARMACEUTICAL$ (USA) , INC. ,
DEFENDANTS.
DATE: May 29, 2014
TIME: 11:40 a.m.
CONTINUED EXAMINATION BEFORE TRIAL of .
the Plaintiff f xxxxxx taken the
xxxxxxxx, by
Defendants, pursuant to a Court Order, held at
the offices of PATTERSON BELENAP WEBB & TYLER,
LLP, 1133 Avenue of the Americas, New York,
New York 10036, before a Public of the
Notary
State of New York.
877-479-2484 INC.
U.S.LEGALSUPPORT, www.uslegalsupport.com
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[Page 402]
2 A P P E A R A N C E S:
3
4 NAPOLI BERN RIPKA
SHKOLNIK, LLP
Attorneys for the Plaintiff
5 350 Fifth Avenue - Suite 7413
New tork, New York 10118
6 BY: STAESHA O, ESQ.
RATE,
7
8 BOWER P.C.
LAW,
¡
Attorneys for the Defendants
9 RONALD J. TADEO, M.D. and
SHORE PSYCHIATRIC CENTER
10 1220 RKR Plaza
Uniondale, New York 11556
11 BY: ANINA ESQ.
MONTE,
12
13 LAW OFFICES OF MITCHELL J. ANGEL, PLLC
Attorneys for the Defendant
14 RICEARD M.D.
PITCH,
170 Old Country Road, Suite 210
15 New York 11501
Mineola,
BY: ANGELA ESQ.
FABIANO,
16
BARTLETT, McDONOUGH & MONAGHAN, LLP
18 Attorneys for the Defendants
SCOTT BERLIN, M.D. and
19 BERLIN OBGYN ASSOCIATES
670 Main Street
20 New York 11751
Islip,
BY: DOUGLAS ESQ.
LANGHOLE,
21
22
23
24 (Continued on following page.)
25
__ ___ ...
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2 A P P E A R A N C E S: (Continued)
3
4 KAUFMAN BORGEEST & RYAN, LLP
Attorneys for the Defendant
5 FAMILY PSYCHOLOGY OF LONG ISLAND
1205 Franklin Avenue, Suite 200
6 Garden City, New York 11530
BY: PATRICK DOLAN, ESQ.
7
8
SILLS CUMMIS & GROSS, P.C.
9 Attorneys for the Defendant
ZYDUS PHARMACEUTICALS (USA), INC.
10 30 Rockefeller Plaza
New York, New York 10112
11 BY: KATHERINE M. LIEB, ESQ.
. and ANDREW W. ESQ.
SCRWARTZ,
12
13
PATTERSON BELKNAP WEBB & TYLER, LLP
14 Attorneys for the Defendant
JANSSEN PHARMACEUTICALS, INC.
15 Americas'
1133 Avenue of the
New York, New York 10036
16 BY: sTAMES MURDICA, ESQ..
17
18 * * *
19
. .
20
21
22
23
24
--
25
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. 2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
2 21.1 Objections at Depositions
4 (a) objections in general. No objections
. shall be made at a deposition except those
5 which, pursuant to subdivision (b), (c) or (d)
of Rule 3115 of the Civil Practice Law and
6 Rules, would be waived if not interposed, and
except in compliance with subdivision (e) of
7 such rule. All objections made at a
deposition shall be noted by the officer before
8 whom the deposition is taken, and the answer
shall be given and the deposition shall proceed
9 subject to the objections.and to the right of a
person to apply for appropriate relief pursuant
10 to Article 31 of the CPLR.
(b) Speaking objections restricted.
11 Every objection raised during a deposition
shall be stated succinctly and framed so as not
12 to .suggest an answer to the deponent and, at
the request of the questioning attorney, shall
13 include a clear statement as to any defect in
form or other basis of error or irregularity.
14 Except to the extent permitted by CPLR Rule
3115 or by this rule, during the course of the
15 examination persons in attendance shall not
make statements or comments that interfere with
16 the questioning.
17 221.2 Refusal to answer when objection is made
A deponent shall answer all questions at
18 a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii) to
19 enforce a limitation set forth in an order of
the court, or (iii) when the question is
20 plainly improper and would, if answered, cause
significant prejudice to any person, An
21 attorney shall not direct a deponent not to
answer except as provided in CPLR Rule 3115 or
22 this subdivision. Any refusal to answer or
direction not to answer shall be accompanied by
23 a succinct and clear statement of the basis
. .
therefor. If the deponent does not answer a
24 question, the examining party shall have the
right to complete the remainder of the
25 deposition.
877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupport.com
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1
2 221. ONIFORM ROLES POR THE
CONDUCT OF DEPOSITIONS
3
221.3 Cosmannication with the deponent
4 An shall not
attorney interrupt the
deposition for the purpose of communicating
5 with the dsponent unless all parties consent or
the communication is made for the purpose of
6 whether the question
determining should not be
answered on the grounds set forth in section
7 221.2 of these rules in such
and, event, the
reason for the communication shall be stated
8 for the record and
succinctly clearly.
10
11 IT IS FURTHER STIPULATED AND AGREED that
the transcript may be signed before any Notary
12 Public with the same force and effect as if
signed before a clerk or a Judge of the court.
13
14 IT IS FURTHER STIPULATED AND AGREED that
the examination before trial be utilized
may
15 for all purposes as provided by the CPLR.
16
IT IS FURTHER STIPULATED AND AGREED that
17 all rights provided to all parties by the CPLR
cannot be deemed waived and the appropriate
18 sections of the CPLR shall be controlling with
respect hereto.
19
20 IT IS FURTHER STIPULATED AND AGREED by
and between the attorneys for the respective
21 parties hereto that a of this
copy examination
shall be furnished, without to the
charge,
22 attorneys the
representing witness testifying
herein.
23
24
..,
25
877-479-2484 U.S.LEGAL SUPPORT,INC. www.uslegalsupport.com
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1 P. scuar.I.xn
2 P A M E L A S C H A L L E R , called as a
3 been first sworn a
witness, having duly by
4 Public of the State of New was
Notary York,
5 examined and testified as follows:
6 EXAMINATION BY
7 MR. MURDICA:
8 Q. Please state your name for the
9 record.
10 A. xxxxxx xxxxxxxx.
11 Q. Good Ms. xxxxxxxx. We've
morning,
12 been introduced before but you understand that
13 my name is James Murdica and I represent
14 Janssen Pharmaceuticals, one of the medicine
15 manufacturers you've sued in this lawsuit,
16 correct?
17 A. yes.
18 Q. You've just heard the Court
19 Reporter swear you in and you understand that
20 you're under oath to tell the truth today,
21 right?
22 A. Yes.
23 Q. And you understood that the prior
24 two times you were deposed as well, right?
25 A. Yes.
877-479-2484 U.S.LEGALSUPPORT,INC. www,uslegalsupport.com
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[Page 407]
1 P. xxxxxxxx
. 2 Q. And, in you signed and served
fact,
3 an affidavit in this case as well; do you
4 recall that?
5 A. Yes.
6 Q. And you understood when you signed
7 that and swore under the of
penalty perjury
8 that its contents were true, that you were
9 under oath then as well, right?
10 A. Correct.
11 Q. And you also reviewed and signed
12 responses in response to
interrogatory
13 questions that my client Janssen served on you
14 in this case; do you remember that?
15 A. Yes.
16 Q. Okay. And you understood when you
17 signed those that you were under oath to tell
18 the truth in those responses as well, correct?
19 A. Yes.
. 20 Q. Okay. prior to here
Now, coming
21 today, did you review documents in
any
22 preparation for this deposition?
23 A. No.
24 Q. Did you review documents in
.. 25 preparation for your prior two deposition
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1 P. xxxxxxxx
2 sessions?
3 A, No.
4 Q. And, in you've for
fact, never,
5 example, reviewed your own medical records
6 pertaining to the time of your pregnancy,
7 correct?
8 A. No.
9 Q. And you've never --
10 A. Correct.
11 Q. I'm sorry. You never reviewed your
12 medical records; is that right?
13 A. Yes.
14 Q. And you never reviewed, for
15 example, records from particular doctor
any
16 that treated you; is that right?
17 A. Yes.
18 Q. Okay. And you never reviewed your
19 prescription records, for as
example, well,
20 correct?
21 A. I had to give it to attorney,
my
22 So reviewing I just gave it to attorney.
it, my
23 Q. So you got records and gave them to
24 your attorney; is that your testimony?
25 A. Yes.
877-479-2484 U.S.LEGALSUPPORT, INC. www.uslegalsupport.com
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[Page 409]
1 P. xxxxxxxx
2 Q. Okay. You didn't go through your
3 medical records and read what the doctors wrote
4 about you, your treatment, right?
. 5 A. Not at all.
6 Q. Okay. You didn't go through your
7 prescription records and read about the drugs
8 that were being prescribed to you?
. 9 A. No.
10 Q. And as far as your medical records
11 go, you have no reason sitting here to
today
12 doubt that the contents of any of them are
13 true, right?
14 A. There is a lot of things I didn't
15 recall in the records, so I can just answer it
16 that way.
17 Q. Okay. Let's go back to the time of
| 18 your pregnancy, which was during the years 2009
19 and 2010, your with C ; is that
pregnancy
20 correct?
21 A. yes.
22 Q. Now, during those times in 2009 and
23 2010, you're not aware of reason that any
any
24 of your treating doctors had to write anything
25 in your records that was not true, correct?
877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupport.com
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[Page 410] .
1 P. xxxxxxxx
2 A. I don't believe so.
3 Q. No doctor had any vendetta against
4 you that you're aware of, right?
5 A. Yes, right.
6 Q. So sitting here today, we can be
7 pretty sure that whatever was written was
8 accurate at the time in those records as they
9 pertain to you, correct?
10 A. Correct.
11 Q. And would that also apply to your
12 treating psychiatrist, as well as your medical
13 doctor providers?
14 A. As for vendettas?
15 Q. As for do you have any reason here
16 today to doubt that the content of those
17 records are true?
18 A. As I said, I couldn't recall some
19 of the things that were mentioned in the
.ru
20 documents. That' s how I can answer it.
21 Q. Okay . But you're not aware of any
22 reason that your psychiatrist would
treating
23 have had to make things up about you and put
24-
those in the record at that time, correct?
25 A. I would assume so.
. 877-479-2484 U.S.LEGALSUPPORT,INC. www.usiegalsupport.com
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[Page 411]
1 P. xxxxxxxx
2 Q. Okay. All right. Now, I mentioned
3 a minute ago the af fidavit that you submitted
4 in this matter and you recall that, right?
5 A. Sort of.
6 Q. You ranummher signing an af fidavit
7 in this matter that pertained to your use of
B Topamax and the generic version of Topamax,
9 obrrect?
10 A. Yes.
. 11 Q. And do you remember about when you
12 did that?
13 A. (No verbal response.)
14 Q. And when I say you did that, about
15 when you signed the af fidavit.
16 A. Months ago.
17 Q. Does December of last year sound
18 about right?
19- A. that's months.
Yes,
20 Q. Okay. And now, you have a computer
21 at home, right?
22 A. Yes.
23 Q. And the affidavit you drafted on
24 your computer?
. 25 A. Yes .
877-479-2484 U.S.LEGALSUPPORT,[NC. www.ustegalsupp rt.com
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. [Page 412]
1 P . xxxxxxxx
. 2 Q. Okay, And the words that you put
. 3 down were your words, correct?
4 A. Correct.
5 Q. Because you knew at the time that
6 you were under an obligation to the Court to
7 tell the truth, correct?
8 A. Yes.
9 Q. Okay. And you printed that out,
10 you printed that affidavit out at your home,
11 correct?
12 A. I believe I emailed it.
13 Q. Okay. You emailed the affidavit to
14 your Counsel?
15 A. Correct.
16 Q. And then how did you sign it?
17 A. I have an electronic -- like on the
18 mouse, you can sign it on there.
19 Q. Okay. .
20 A. An Adobe, no, photoshop or
21 something like that.
22 Q. I see. So you put some sort of
23 electronic signature on it and you emailed it?
24 A. Yes.
25 Q. If I have this correct and please
877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupport.com
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[Page 413]
1 P. SCHA T.T.ER
2 tell me if I'm wrong, you went to your
3 computer, you typed up the affidavit in your
4 own words and then you signed it electronically
5 and emailed it to your Counsel, correct?
6 A. Now I'm not sure. I might have
7 actually written it, I don't remember if it was
8 typed or hanr1written. If it was handwritten, I
9 made a copy and scanned it and sent it over.
10 Q. All right.
11 A. It was either/or.
12 Q. And you don't ramamber if you typed
13 it or handwrote it currently, right?
14 A. I don't remember.
15 Q. If it was handwritten and you sent
16 it to your Counsel, how would it have been
17 signed?
18 A. With a pen on my own.
19 Q. So if it was handwritten., your
20 Counsel would have typed it up and then you
1 21 would have signed the typed version? Or are
22 you t·alling me that you signed the handwritten
23 version?
24 A. If it was handwritten, T believe I
25 signed it handwritten.
877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupport.com
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[Page 414]
1 P. xxxxxxxx
. . 2 Q. So if the affidavit that was
3 supplied to us was typed, then can we rest
4 assured that you typed it up and signed it
5 electronically and ammiled it to your Counsel?
6 A. I would assume.
7 Q. I don't want you to assume.
8 A. Yes.
9 Q. Can we be sure that that's what
10 happened?
11 A. yes.
12 Q. Thank you. Now, correct me if I'm
13 wrong here but let's see what we can agree on.
14 Some things we learned from your affidavit are
15 that you always took your medicines as
16 prescribed, correct?
17 A. Yes.
18 Q. And you never took any more or any
19 less than you were prescribed; is that right?
20 A. What I can remember, yes.
21 Q. Okay. And the reason that you did
22 that is because you understood the importance
23 of always taking the correct dose of each of
24 your medicinas, right?
.... 25 A. To be effective, yes.
877-479-2484 U.S.LEGALSUPPORT,INC. www.nslegâlsupport.com
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[Page 415]
1 P. xxxxxxxx
2 Q. Okay. And we also know that all of
3 the medicine that you were prescribed you
4 received is it Medco or Express
through,
5 Scripts?
. 6 A. It was Medco, It' s now Express
7 Scripts.
8 Q. So while there were dif ferent
9 pharmanian that filled the
actually
10 all came through Medco or
prescriptions, they
11 Express correct?
Scripts,
12 A. An approval if I got it f
Preview
FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 [Page 401] SUPREME COÚRT OF THE STATE OF NEW YORK COpy COUNTY OF SUFFOLK xxxxxx xxxxxxxx, on behalf of C S , an infant under the age of and 18, xxxxxx xxxxxxxx, Individually, PLAINTIFFS, -against- Index No: 026910/12 RONALD J. TADEO, M.D., RICHARD M.D. PITCH, , SCOTT BERLIN, M.D. , SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, ASSOCIATES, . JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICAL$ (USA) , INC. , DEFENDANTS. DATE: May 29, 2014 TIME: 11:40 a.m. CONTINUED EXAMINATION BEFORE TRIAL of . the Plaintiff f xxxxxx taken the xxxxxxxx, by Defendants, pursuant to a Court Order, held at the offices of PATTERSON BELENAP WEBB & TYLER, LLP, 1133 Avenue of the Americas, New York, New York 10036, before a Public of the Notary State of New York. 877-479-2484 INC. U.S.LEGALSUPPORT, www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 [Page 402] 2 A P P E A R A N C E S: 3 4 NAPOLI BERN RIPKA SHKOLNIK, LLP Attorneys for the Plaintiff 5 350 Fifth Avenue - Suite 7413 New tork, New York 10118 6 BY: STAESHA O, ESQ. RATE, 7 8 BOWER P.C. LAW, ¡ Attorneys for the Defendants 9 RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER 10 1220 RKR Plaza Uniondale, New York 11556 11 BY: ANINA ESQ. MONTE, 12 13 LAW OFFICES OF MITCHELL J. ANGEL, PLLC Attorneys for the Defendant 14 RICEARD M.D. PITCH, 170 Old Country Road, Suite 210 15 New York 11501 Mineola, BY: ANGELA ESQ. FABIANO, 16 BARTLETT, McDONOUGH & MONAGHAN, LLP 18 Attorneys for the Defendants SCOTT BERLIN, M.D. and 19 BERLIN OBGYN ASSOCIATES 670 Main Street 20 New York 11751 Islip, BY: DOUGLAS ESQ. LANGHOLE, 21 22 23 24 (Continued on following page.) 25 __ ___ ... 877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 [Page 403] 2 A P P E A R A N C E S: (Continued) 3 4 KAUFMAN BORGEEST & RYAN, LLP Attorneys for the Defendant 5 FAMILY PSYCHOLOGY OF LONG ISLAND 1205 Franklin Avenue, Suite 200 6 Garden City, New York 11530 BY: PATRICK DOLAN, ESQ. 7 8 SILLS CUMMIS & GROSS, P.C. 9 Attorneys for the Defendant ZYDUS PHARMACEUTICALS (USA), INC. 10 30 Rockefeller Plaza New York, New York 10112 11 BY: KATHERINE M. LIEB, ESQ. . and ANDREW W. ESQ. SCRWARTZ, 12 13 PATTERSON BELKNAP WEBB & TYLER, LLP 14 Attorneys for the Defendant JANSSEN PHARMACEUTICALS, INC. 15 Americas' 1133 Avenue of the New York, New York 10036 16 BY: sTAMES MURDICA, ESQ.. 17 18 * * * 19 . . 20 21 22 23 24 -- 25 877-479-2484 U.S.LEGALSUPPORT, INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 [Page 404] . 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 2 21.1 Objections at Depositions 4 (a) objections in general. No objections . shall be made at a deposition except those 5 which, pursuant to subdivision (b), (c) or (d) of Rule 3115 of the Civil Practice Law and 6 Rules, would be waived if not interposed, and except in compliance with subdivision (e) of 7 such rule. All objections made at a deposition shall be noted by the officer before 8 whom the deposition is taken, and the answer shall be given and the deposition shall proceed 9 subject to the objections.and to the right of a person to apply for appropriate relief pursuant 10 to Article 31 of the CPLR. (b) Speaking objections restricted. 11 Every objection raised during a deposition shall be stated succinctly and framed so as not 12 to .suggest an answer to the deponent and, at the request of the questioning attorney, shall 13 include a clear statement as to any defect in form or other basis of error or irregularity. 14 Except to the extent permitted by CPLR Rule 3115 or by this rule, during the course of the 15 examination persons in attendance shall not make statements or comments that interfere with 16 the questioning. 17 221.2 Refusal to answer when objection is made A deponent shall answer all questions at 18 a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to 19 enforce a limitation set forth in an order of the court, or (iii) when the question is 20 plainly improper and would, if answered, cause significant prejudice to any person, An 21 attorney shall not direct a deponent not to answer except as provided in CPLR Rule 3115 or 22 this subdivision. Any refusal to answer or direction not to answer shall be accompanied by 23 a succinct and clear statement of the basis . . therefor. If the deponent does not answer a 24 question, the examining party shall have the right to complete the remainder of the 25 deposition. 877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 [Page 405) 1 2 221. ONIFORM ROLES POR THE CONDUCT OF DEPOSITIONS 3 221.3 Cosmannication with the deponent 4 An shall not attorney interrupt the deposition for the purpose of communicating 5 with the dsponent unless all parties consent or the communication is made for the purpose of 6 whether the question determining should not be answered on the grounds set forth in section 7 221.2 of these rules in such and, event, the reason for the communication shall be stated 8 for the record and succinctly clearly. 10 11 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before any Notary 12 Public with the same force and effect as if signed before a clerk or a Judge of the court. 13 14 IT IS FURTHER STIPULATED AND AGREED that the examination before trial be utilized may 15 for all purposes as provided by the CPLR. 16 IT IS FURTHER STIPULATED AND AGREED that 17 all rights provided to all parties by the CPLR cannot be deemed waived and the appropriate 18 sections of the CPLR shall be controlling with respect hereto. 19 20 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the respective 21 parties hereto that a of this copy examination shall be furnished, without to the charge, 22 attorneys the representing witness testifying herein. 23 24 .., 25 877-479-2484 U.S.LEGAL SUPPORT,INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 [Page 406] 1 P. scuar.I.xn 2 P A M E L A S C H A L L E R , called as a 3 been first sworn a witness, having duly by 4 Public of the State of New was Notary York, 5 examined and testified as follows: 6 EXAMINATION BY 7 MR. MURDICA: 8 Q. Please state your name for the 9 record. 10 A. xxxxxx xxxxxxxx. 11 Q. Good Ms. xxxxxxxx. We've morning, 12 been introduced before but you understand that 13 my name is James Murdica and I represent 14 Janssen Pharmaceuticals, one of the medicine 15 manufacturers you've sued in this lawsuit, 16 correct? 17 A. yes. 18 Q. You've just heard the Court 19 Reporter swear you in and you understand that 20 you're under oath to tell the truth today, 21 right? 22 A. Yes. 23 Q. And you understood that the prior 24 two times you were deposed as well, right? 25 A. Yes. 877-479-2484 U.S.LEGALSUPPORT,INC. www,uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 [Page 407] 1 P. xxxxxxxx . 2 Q. And, in you signed and served fact, 3 an affidavit in this case as well; do you 4 recall that? 5 A. Yes. 6 Q. And you understood when you signed 7 that and swore under the of penalty perjury 8 that its contents were true, that you were 9 under oath then as well, right? 10 A. Correct. 11 Q. And you also reviewed and signed 12 responses in response to interrogatory 13 questions that my client Janssen served on you 14 in this case; do you remember that? 15 A. Yes. 16 Q. Okay. And you understood when you 17 signed those that you were under oath to tell 18 the truth in those responses as well, correct? 19 A. Yes. . 20 Q. Okay. prior to here Now, coming 21 today, did you review documents in any 22 preparation for this deposition? 23 A. No. 24 Q. Did you review documents in .. 25 preparation for your prior two deposition 877-479-2484 U.S.LEGALSUPPORT,INC. www,üAgdappertcom FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 (Page 408] 1 P. xxxxxxxx 2 sessions? 3 A, No. 4 Q. And, in you've for fact, never, 5 example, reviewed your own medical records 6 pertaining to the time of your pregnancy, 7 correct? 8 A. No. 9 Q. And you've never -- 10 A. Correct. 11 Q. I'm sorry. You never reviewed your 12 medical records; is that right? 13 A. Yes. 14 Q. And you never reviewed, for 15 example, records from particular doctor any 16 that treated you; is that right? 17 A. Yes. 18 Q. Okay. And you never reviewed your 19 prescription records, for as example, well, 20 correct? 21 A. I had to give it to attorney, my 22 So reviewing I just gave it to attorney. it, my 23 Q. So you got records and gave them to 24 your attorney; is that your testimony? 25 A. Yes. 877-479-2484 U.S.LEGALSUPPORT, INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 [Page 409] 1 P. xxxxxxxx 2 Q. Okay. You didn't go through your 3 medical records and read what the doctors wrote 4 about you, your treatment, right? . 5 A. Not at all. 6 Q. Okay. You didn't go through your 7 prescription records and read about the drugs 8 that were being prescribed to you? . 9 A. No. 10 Q. And as far as your medical records 11 go, you have no reason sitting here to today 12 doubt that the contents of any of them are 13 true, right? 14 A. There is a lot of things I didn't 15 recall in the records, so I can just answer it 16 that way. 17 Q. Okay. Let's go back to the time of | 18 your pregnancy, which was during the years 2009 19 and 2010, your with C ; is that pregnancy 20 correct? 21 A. yes. 22 Q. Now, during those times in 2009 and 23 2010, you're not aware of reason that any any 24 of your treating doctors had to write anything 25 in your records that was not true, correct? 877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 [Page 410] . 1 P. xxxxxxxx 2 A. I don't believe so. 3 Q. No doctor had any vendetta against 4 you that you're aware of, right? 5 A. Yes, right. 6 Q. So sitting here today, we can be 7 pretty sure that whatever was written was 8 accurate at the time in those records as they 9 pertain to you, correct? 10 A. Correct. 11 Q. And would that also apply to your 12 treating psychiatrist, as well as your medical 13 doctor providers? 14 A. As for vendettas? 15 Q. As for do you have any reason here 16 today to doubt that the content of those 17 records are true? 18 A. As I said, I couldn't recall some 19 of the things that were mentioned in the .ru 20 documents. That' s how I can answer it. 21 Q. Okay . But you're not aware of any 22 reason that your psychiatrist would treating 23 have had to make things up about you and put 24- those in the record at that time, correct? 25 A. I would assume so. . 877-479-2484 U.S.LEGALSUPPORT,INC. www.usiegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 [Page 411] 1 P. xxxxxxxx 2 Q. Okay. All right. Now, I mentioned 3 a minute ago the af fidavit that you submitted 4 in this matter and you recall that, right? 5 A. Sort of. 6 Q. You ranummher signing an af fidavit 7 in this matter that pertained to your use of B Topamax and the generic version of Topamax, 9 obrrect? 10 A. Yes. . 11 Q. And do you remember about when you 12 did that? 13 A. (No verbal response.) 14 Q. And when I say you did that, about 15 when you signed the af fidavit. 16 A. Months ago. 17 Q. Does December of last year sound 18 about right? 19- A. that's months. Yes, 20 Q. Okay. And now, you have a computer 21 at home, right? 22 A. Yes. 23 Q. And the affidavit you drafted on 24 your computer? . 25 A. Yes . 877-479-2484 U.S.LEGALSUPPORT,[NC. www.ustegalsupp rt.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 . [Page 412] 1 P . xxxxxxxx . 2 Q. Okay, And the words that you put . 3 down were your words, correct? 4 A. Correct. 5 Q. Because you knew at the time that 6 you were under an obligation to the Court to 7 tell the truth, correct? 8 A. Yes. 9 Q. Okay. And you printed that out, 10 you printed that affidavit out at your home, 11 correct? 12 A. I believe I emailed it. 13 Q. Okay. You emailed the affidavit to 14 your Counsel? 15 A. Correct. 16 Q. And then how did you sign it? 17 A. I have an electronic -- like on the 18 mouse, you can sign it on there. 19 Q. Okay. . 20 A. An Adobe, no, photoshop or 21 something like that. 22 Q. I see. So you put some sort of 23 electronic signature on it and you emailed it? 24 A. Yes. 25 Q. If I have this correct and please 877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 [Page 413] 1 P. SCHA T.T.ER 2 tell me if I'm wrong, you went to your 3 computer, you typed up the affidavit in your 4 own words and then you signed it electronically 5 and emailed it to your Counsel, correct? 6 A. Now I'm not sure. I might have 7 actually written it, I don't remember if it was 8 typed or hanr1written. If it was handwritten, I 9 made a copy and scanned it and sent it over. 10 Q. All right. 11 A. It was either/or. 12 Q. And you don't ramamber if you typed 13 it or handwrote it currently, right? 14 A. I don't remember. 15 Q. If it was handwritten and you sent 16 it to your Counsel, how would it have been 17 signed? 18 A. With a pen on my own. 19 Q. So if it was handwritten., your 20 Counsel would have typed it up and then you 1 21 would have signed the typed version? Or are 22 you t·alling me that you signed the handwritten 23 version? 24 A. If it was handwritten, T believe I 25 signed it handwritten. 877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 [Page 414] 1 P. xxxxxxxx . . 2 Q. So if the affidavit that was 3 supplied to us was typed, then can we rest 4 assured that you typed it up and signed it 5 electronically and ammiled it to your Counsel? 6 A. I would assume. 7 Q. I don't want you to assume. 8 A. Yes. 9 Q. Can we be sure that that's what 10 happened? 11 A. yes. 12 Q. Thank you. Now, correct me if I'm 13 wrong here but let's see what we can agree on. 14 Some things we learned from your affidavit are 15 that you always took your medicines as 16 prescribed, correct? 17 A. Yes. 18 Q. And you never took any more or any 19 less than you were prescribed; is that right? 20 A. What I can remember, yes. 21 Q. Okay. And the reason that you did 22 that is because you understood the importance 23 of always taking the correct dose of each of 24 your medicinas, right? .... 25 A. To be effective, yes. 877-479-2484 U.S.LEGALSUPPORT,INC. www.nslegâlsupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 90 RECEIVED NYSCEF: 01/10/2019 [Page 415] 1 P. xxxxxxxx 2 Q. Okay. And we also know that all of 3 the medicine that you were prescribed you 4 received is it Medco or Express through, 5 Scripts? . 6 A. It was Medco, It' s now Express 7 Scripts. 8 Q. So while there were dif ferent 9 pharmanian that filled the actually 10 all came through Medco or prescriptions, they 11 Express correct? Scripts, 12 A. An approval if I got it f