Preview
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------- - - - - - --- - ------ - - -- --------------- x
THERESA ROBINSON and DEREK ROBINSON ,
Pl aintiffs ,
I ndex No .
- against - 717964/2018
NORT HWELL HEALTH , INC ., LONG I SLAND JEWISH
MEDICAL CENTER , DEEPAK NANDA , MD , PC ,
DEEPAK NANDA , MD and EMMANUEL M. PAFOS , MD ,
Defendants.
-- ----- - ---- -- - ----- -- ---- - - -- - - ---- -------- x
via Zoom Videoconference
March 5, 2021
11 : 06 a . m.
EXAMINATION BEFORE TRIAL of
EMMANUEL PAFOS , MD , taken by Plaintiff , pursuant to
Article 31 of the Civil Practice Law and Rules of
Testimony , and Order , held at the above - noted time
and place , befo r e Donna C. Gilmore , a Stenotype
Reporter and Notary Public within and for the State
of New York .
Enright Court Reporting (631) 589 - 7788
Electronically signed by Donna Gilmore (601-152-379-5964) 3a45a 1 e5-e020-4584-b334-90044e88fc 79
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021
Page 2 Page 4
1 1
2 A P P E A R A N C ES:
3 2 Paterniti , I agree.
4 THE PAG LINAWAN LAW FIRM , PC 3 THE REPORTER : M s. Burke, w ill you be
Anomeys for Plaint iff 4 ordering and paying fo r a copy of this
5 118-2 1 Queens Bouleva rd, Suite 50 I
Forest Hills, New York
11 375 5 transcript?
6 6 MS. BURKE: Y es.
BY : JAMES S. PAG LINAWAN , ESQ.
7
7 THE REPORTER : Mr. Kraus, w ill you be
8 8 ordering and paying for a copy of thi s
AARONSON, RAPPAPORT, FE INSTEIN & DEUTSC H, LLP 9 transcrip t?
9 Attorneys fo r Defendants
NORTHWE LL HEA LTH , rNC. and LONG ISLAN D 10 MR. KRAU S : Yes, I am I only need a
10 JEW ISH MED ICAL CENTE R 11 regu lar and just e-mail it to me as we ll ,
600 Third Avenue 12
11
please, no 1nini.
New York, New York100 16
12 BY : YANIQUE BURKE, ESQ. 13 MS . BURKE: M ine as well.
13 14
14 RUB IN , PATERN ITI, GONZALEZ & KAU FMAN, LLP
Attorneys fo r Defendants 15
15 DEE PAK NAN DA, MD, PC and DEEP AK NAN DA, MD 16
555 Fifth Avenue, 6th Floor 17
16 New York, New York 100 17
17 BY : STEVEN KRAU S, ESQ. 18
18 19
19 GALVA NO & XA NTHAKIS, PC
Attorneys fo r Defenda nt
20
20 EMMANUEL M. PAFOS, MD 21
358 St. Marks Place, Sui te 202 22
21 Staten Island, New York
1030 1
22 BY : ANTH ONY XANTHAKIS, ESQ. 23
23 24
24 25
25
Page 3 Page 5
1 1
2 PR OCEE DI NGS 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 pa1iies hereto, that:
6 present in the deposition room and that I 6 All ri ghts provided by the CPLR, and Part 22 1
7 will be reporting this deposition 7 of the Uniform Rul es for the Conduct of Depositi ons,
8 remotely. 8 including the ri ght to object to any quest ion, except
9 They fu1i her acknowledge that, in lieu 9 as to form, or to move to stri ke any testimony at thi s
10 of an oath adm inistered in person, I will 10 examination is reserved; and in additi on, the fa ilure
11 adminj ster 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 examinati on shall not be a bar or
13 Governor Cuomo on M arch 19, 2020. 13 waiver to make such moti on at, and is reserved to,
14 The parties and their counsel consent 14 the tri al of thi s acti on.
15 to this arrangement and waive any 15 Thi s deposition may be sworn to by the wit ness
16 obj ections to thi s manner of reporting. 16 being examined before a Notary Pub lic other than the
17 P lease indicate your agreement by stating 17 Notary Public before whom thi s examination was begun,
18 your name and your agreement on the 18 but the fa ilu re to do so or to return the ori ginal
19 record. 19 of thi s deposition to counsel, shall not be deemed a
20 MR XANTHAKIS: Anthony Xanthakis, I 20 waiver of the ri ghts provided by Rul e 3 11 6 of the
21 agree. 21 CPLR, and shall be cont roll ed thereby.
The fili ng
22 MS. BURKE: Yanique Burke, I agree. 22 of the ori ginal of thi s depositi on is waived .
23 MR PAOLINAWAN : James S. Paglinawan, 23 IT IS FURTHER STIPULATED, that a copy of thi s
24 I agree. 24 examinati on shall be furni shed to the attorney fo r
25 MR KRAUS : Steven Kraus from Rubin 25 the witness being examined without charge.
I
-
...... -·"""'""""""" - -I
2 (Pages 2 to 5)
Enright Co urt Reporting (631) 5 8 9- 77 88
Electronically signed by Donna Gilmore (601-152-379-5964) 3a45a 1e5-e020-4584-b334-90044e88fc 79
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021
Page 6 Page 8
1 1 Emmanuel Pafos, MD
2 EMMANUEL PA F OS, MD, 2 Also, there will be many times when you
3 Defendant, having first been duly sworn by the 3 will be able to anticipate what my question is, even
4 Notary Public, was examined and testified as 4 before I'm finished. Even then, I still ask that
5 fo llows: 5 you wait unti l I'm finished asking the question
I
6 EXAMINATION BY 6 before you start to answer.
7 MR. PAGLINAWAN: 7 If you need to take a break let us know.
8 Q Please state your name for the record. 8 In general, it's not an issue unless there is a
9 A Emmanuel Pafos, MD. 9 question that's pending. That means that I have
10 Q Please state your address for the record. 10 asked you a question and you have not answered the
11 A 214 Legacy Woods Drive, Wallace, North 11 question yet. If you have to take a break and we
12 Carolina 28466. 12 have a pending question, I will ask that you answer
13 Q Good morning, Dr. Pafos. Am I pronouncing 13 the pending question and then we can take a break.
14 your last name conectly? 14 Are you clear with respect to the rules?
15 A Yes. It's Pafos. 15 A Very well.
16 Q For some reason we've been pronouncing it 16 Q Doctor, do you keep a copy of your
17 as Pafos and -- 17 cuniculum vitae anywhere; in a computer, a paper
18 MR. XANTHAK.IS: Not the Greek. Not 18 copy at home?
19 the Greek. I was saying it Pafos, I'm 19 A I have one, I don't know how cmTent it
20 just saying. 20 is, at home. I've, I was on call last night, so --
21 Q My name is James S. Paglinawan, and I work 21 Q That's fine.
22 for the Paglinawan Firm, PC, which is the law firm 22 A -- don't have with me.
23 that represents Theresa Robinson and Derek Robinson 23 Q I' ll put in a request to obtain a copy of
24 in this medical malpractice lawsuit in which you are 24 that and your counsel will notify you of that.
25 named as a defendant. 25 Okay?
Page 7 Page 9
1 Emmanuel Pafos, MD 1 Emmanuel Pafos, MD
2 Today I will be asking you some questions 2 A Yeah, he actually did, and I'll get it to
3 related to the care and treatment that you provided 3 you. I just was on call and I haven't gotten home.
4 to Theresa Robinson at Long Island Jewish Medical 4 MR. XANTHAKIS: I'll get it to you,
5 Center, and I wi ll ask you questions regarding any 5 James, no problem.
6 office visits as well.
I'll begin by discussing 6 MR. PAGLINAWAN: No problem.
7 very basic rules with you. 7 Q Doctor, are you cunently licensed to
8 First, this is an oral deposition, which 8 practi ce as a physician in New York State?
9 means that you need to respond to the question using 9 A No .
10 spoken words rather than using nonverbal gestures 10 Q When was the last time you were licensed
11 only. As you can see, Ms. Gi lmore is transcribing 11 to practice as a physician in New York State?
12 here and she's doing that to everything that I'm 12 A I believe that expired in 20 19.
I chose
13 saying and she will be doing the same thing to your 13 not to renew.
14 statements. 14 Q When did you obtain your license to
15 Also, I want you to make sure that you 15 practice as a physician in New York State? I know
16 understand my question before you staii to answer. 16 you said it expired, but when did you obtain that?
I
17 There are times when the question may be clear in my 17 A At the close ofresidency, I suppose. I
18 head, but it may not be clear to you, or for some 18 don't know what year it was. I have to look back.
19 reason I'm assuming that we're not having any 19 I guess 2015? Yeah.
20 technical difficulties and I'll keep on talking and 20 Q And 1ight now are you cunently licensed
21 talking, in the meantime you're not hearing me.So 21 to practice as a physician in any other states or
22 if for some reason you're not able to understand my 22 jurisdictions?
23 question, you cannot hear me, or for some reason, 23 A Yes.
24 you know, I disappear out of the screen momentarily, 24 Q In how many?
25 let me know. I can rephrase the question. 25 A One.
3 (Pages 6 to 9)
Enright Court Reporting (631) 589 - 7788
Electronically signed by Donna Gilmore (60 1-152-379-5964) 3a45a 1e5-e020-4584-b 334-90044e88fc79
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021
Page 10 Page 12
1 Enm1anuel Pafos, MD 1 Emmanuel Pafos, MD
2 Q Where is that? 2 OB/GYN.
3 A No1th Caro lina. 3 Q When djd you first become board eligible?
4 Q Where are you cuITently employed? 4 A I guess in June of 20 15.
5 A I'm employed in North Carolina , in 5 Q In April of 2015 -- let me withdraw that.
6 Kenansville, No1th Carolina. 6 In April of 201 6 you didn't have any board
7 Q Is that a hospital, a clinic? 7 ce1tifications, coJTect?
8 A Yeah, I work fo r Vidant Women's Care. 8 A CoJTect.
9 Q When did you begin workjng there? 9 Q As you said, you completed your residency
10 A In August of 20 18. 10 in obstetrics and gynecology. What is obstetrics
11 Q In April of 201 6 who were you employed by? 11 and gynecology, Doctor?
12 A Deepak Nanda, MD. 12 A It's the care of women with regards to
13 Q And in April of 20 16 what was your 13 their gynecological organs and functions, as well as
14 position there? 14 pregnancy, including delivery and postpmtum care,
15 A I was a phys ician, an 15 prenatal care, delivery, and postpartum care.
16 obstetrician-gynecologist. 16 Q When you said earlier that you are board
17 Q In April of 201 6 were you a shareholder or 17 eligible for obstetrics and gynecology, what does
18 a partner there? 18 that mean ?
19 A No . 19 A It means that I passed my board exam and I
20 Q In April of 20 16 did you have any hospital 20 have to do a case presentation, where you do some
21 privileges here in New York? 21 oral boards as well after you go into practice.
22 A Yes. 22 Q So as of this time, what do you need to do
23 Q How many hospitals? 23 to become board certified in obstetrics and
24 A Three. 24 gynecology?
25 Q And what were they? 25 A Need to do the oral part.
Page 11 Page 13
1 Emm anuel Pafos, MD 1 Emmanuel Pafos, MD
2 A Long Island Jewish Medical Center, North 2 Q Let's talk about your employment with
3 Shore University Hospital, Forest Hills Hospital. 3 Nanda, MD, PC in April of 2016. Did your employer
4 Q And where did you go to medical school ? 4 at that time pay fo r your liability insurance
5 A SUNY Downstate. 5 coverage?
6 Q When did you graduate from there? 6 A Yes .
7 A 20 1 I . 7 Q Was that something that was included in a
8 Q And after you graduated from there, did 8 written agreement?
I 9 you then go on to do residencies? 9 A It was agreed to, although he never
10 A I did . 10 presented me with a contract. He basically put it
,
11 Q So could you pl ease tell us about it. 11 off.
12 A I did residency at the North Shore LIJ 12 Q So when you say "he," are you talkjng 1
13 program , it's now ca ll ed Northwell. 13 about Dr. Nanda?
14 Q And how long was that residency? 14 A That's right.
15 A Four years. 15 Q So other than the insurance liabi lity,
16 Q When did you begi n and when did you 16 insurance coverage that Dr. Nanda was supposed to
17 fin ish? 17 pay, right, on your behalf, did you have your own
18 A July of201 l and I suppose July of 20 15, 18 personal liability coverage?
19 or thereabouts. 19 A He was responsible fo r it.
20 Q And that residency, was it related to any 20 MR. KRAUS: Forn1 of -- obj ecti on to
21 speci alty? 21 the form of the question. Move to strike.
22 A Obstetrics and gyneco logy. 22 Q At some point did you ever find out that
23 Q And do you have any board certifications 23 there was an issue with your liability insurance
24 presently? 24 coverage in 201 6?
25 A Board eli gibl e fo r the Am erican Board of 25 A Yes.
,_ --~-
4 (Pages 10 to 13 )
Enri g ht Court Report i ng (631) 5 89 - 7 788
Electronica ll y sign ed by Donn a Gilmore (601-152- 379-5964) 3a45a1 e5-e020-4584-b 334-90044e88fc79
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021
Page 14 Page 16
1 Emmanuel Pafos, MD 1 Emmanuel Pafos, MD
2 Q When was the first time you found out? 2 MR. P AG LINAWAN: On what basis?
3 A After I left. 3 MR. KRAUS: You're saying Dr. Nanda
4 Q And how did you find out? 4 individually. My understanding is that
5 A From the insurance broker. 5 Dr. Pafos was employed by the group, not
6 Q And which insurance broker was that? 6 Dr. Nanda. So you're saying Dr. Nanda
7 A I don't remember -- her first name is 7 individually as opposed to Nanda, MD, PC,
8 Olga. I don't remember her last name off the top of 8 so I think it's somewhat misleading.
9 my head. 9 That's all.
10 Q But from what company? 10 MR. PAGLINAWAN: Well, a corporation
11 A MLMIC. 11 can't write a check, right?I mean, you
12 Q So after you found out that you had no 12 know, it's not a real person.So who was
13 liability insurance coverage in 2016, did you then 13 supposed to write the check? A real
14 have a conversation with Dr. Nanda? 14 person has to pay for it, right?
A
15 A No, I haven't -- 15 corporation is not a living organism.
16 MR. KRAUS: Objection to fonn. 16 MR. KRAUS: You have a professional
17 MR. PAGLINAWAN: Can you read the 17 corporation, James, and I would assume
18 answer, please? 18 that you pay for the bills out of the
19 (The requested portion of the record 19 corporate entity.
20 was read by the reporter.) 20 MR. PAG LINA WAN: Right, but a person
21 MR. KRAUS : My objection, James, is 21 has to write a check, c01Tect?
22 that you haven't established that there 22 Corporation isn't a real person , has no
23 was no coverage in 2016. Perhaps it was 23 hands, not capable of writing any checks,
24 later there was an issue, but not that. 24 not capable of electronically paying for
25 Q As far as you know, Doctor, did you have 25 anything. Right? So a corporation
Page 15 Page 17
1 Emmanuel Pafos, MD 1 Emmanuel Pafos, MD
2 any liabi li ty insurance coverage in 2016? 2 doesn't live, it doesn't have its own
3 A Yes. I had a policy with MLMIC. 3 life, it's not animated.
So someone has
4 Q And right now who is paying for your 4 to be paying for the check, and had to be
5 defense? 5 a real person.
6 A Well , I'm paying for it right now because 6 MR. KRAUS: Well , you didn't say who
7 I was advised that he didn't pay the insurance. 7 actually wrote the check. You said that
8 Q When you say "he," you're refening to 8 Dr. Nanda was paying it, and that may not
9 Dr. Nanda? 9 be accurate. That's all.
10 A That's right. 10 MR. PAGLINAWAN: No, but he testified
11 Q Do you have any understanding as to when 11 that Dr. Nanda said he was going to pay
12 Dr. Nanda stopped paying for the li ability 12 for it, and then he ended up not doing it.
13 insurance? 13 MR. KRAUS: Well, I understand what he
14 MR. KRAUS : Objection to the fonn . 14 testified to.I'm just making the record,
15 Q Go ahead . 15 You can either seek to
that's all.
16 A I'm s01ry? 16 clarify it or not.
Move on .
17 Q Do you have any understanding as to -- let 17 Q In 2016 were you under the impression that
18 me ask another question. Let me withdraw that. 18 Dr. Nanda was supposed to be paying for liabi lity
19 Do you have any understanding as to 19 insurance coverage?
!
20 whether Dr. Nanda ever paid for any of your 20 A Yes -- did you say under the impression?
21 insurance, li abi lity insurance coverage in 2016? 21 Q Yes.
22 A I don't have the specific details or the 22 A Yes.
23 copies of the checks or anything like that. 23 MR. KRAUS: And objection to the fonn,
24 MR. KRAUS: Objection to the fom1 of 24 asked and answered.
25 that question. 25 Q Was it your understanding that Dr. Nanda,
5 ( Pages 14 to 17)
Enright Court Reporting (631) 589 - 7788
Electron ically sig ned by Donna Gilmore (601-152-379-5964) 3a45a 1e5-e020-4584-b 334-90 044e88fc 79
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021
Page 18 Page 20 11
1 Emmanuel Pafos, MD 1 Enunanuel Pafos, MD
2 the entire time in 20 16, was paying for your 2 MR. KRAUS: Objection.
3 liability insurance coverage? 3 A -- been a while.
4 A Yes. 4 MR. KRAUS: Note my objection to the
5 MR. KRAUS: Same objection. 5 fonn of the question.
6 Q Do you have any understanding as to why 6 I'm son)', Doctor. I apologize for
7 Dr. Nanda didn't pay? 7 intem1pting.
8
9
A No.
MR. KRAUS: Objection to the fonn.
8
9
Q
this?
Did they send you any e-mail regarding I
ll
10 Q Did you at all have any wri tten agreements 10 A I don't remember. I'm sony
11
12
with Dr. Nanda related to your employment there in
2016?
11
12
Q To your knowledge, have you initiated any
lawsuit against Dr. Nanda and Nanda, MD, PC related
I
13 A No, he never presented me with a contract. 13 to your insurance liability insurance coverage in
14 I expected it and expected it, but it never 14 2016?
15 mate1ialized. 15 A Not as of yet.
16 Q And how were you getting paid in 2016 by 16 Q Do you plan to?
17 Dr. Nanda's practice? 17 A I plan to be counseled appropriately and
18 A By check, or I guess electronic check. 18 then move on from there.
19 Q And how were you getting p aid there, how 19 Q Not counting this morning, how many times
20 frequently? 20 have you been named as a defendant in a medical
21 A Biweekly. 21 malpractice lawsuit only, not any other kinds of
22 Q And the payment that was supposed to be 22 lawsuits?
23 made to cover your liabi lity insurance policy in 23 A Twice.
24 20 16, was that taken out of your paycheck? 24 Q So that's a tota l of three cases, co1Tect?
25 A No. 25 A Yeah, when I was in residency. I don't
1--- - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - -- -- - - - --11
i
Page 19 Page 21
1 Emmanuel Pafos, MD 1 Emmanuel Pafos, MD
2 Q At any point did Dr. Nanda ever tell you 2 know if that matters or not.
3 that he wasn't maki ng the payment for your liability 3 Q So one was when you were at residency.
4 insurance coverage? 4 What abou t the other one?
5 A No. 5 A The other one was a, in practice, for a
6 Q At any point did Dr. Nanda ever tell you 6 missed abortion.
7 that he was making the payments for your li ability 7 Q And those three cases, were they all filed
8 insurance coverage in 2016? 8 in New York State?
9 A No. 9 A Yes.
10 Q Did you ever ask him at any point in 2016 10 Q How m any times h ave you testified in a
11 whether or not he was paying for liability insurance 11 deposition before, not counting thi s one?
12 coverage? 12 A I believe twice.
13 A No. 13 Q So the two other times you testified at a
14 Q Did MLM -- the insurance liability catTier 14 deposition, were they from the previous two cases
15 that you mentioned earlier, did they send you a 15 where you were named as defendant?
16 letter denying your coverage related to this case? 16 A From the previous -- it was from the
17 A I don't
lf they did it didn't get to me. 17 residency case.
18 have anything. 18 Q So you testified there how m any times in a
19 Q And the conversation -- let me withdraw 19 deposition?
20 that. 20 A I believe it was twice, once or tw ice.
I
21 The way you found out that you did not 21 can't recall exactly, but it was once or twi ce.
22 have any insurance coverage in 2016, was that only 22 Q And the other one, did you testify in a
23 by phone? 23 deposition for that case?
24 A Honestly, I don't recal l how I found out. 24 A I'm son)'?
25 It's -- 25 Q So you were named twice, not counting this
6 (Pages 18 to 21)
Enright Court Reporting (63 1 ) 589 - 7788
Electronically signed by Donna Gilmore (601-152-379-5964) 3a45a 1e5-e020-4584-b334-90044e88fc 79
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021
Page 22 Page 24
1 Emmanuel Pafos, MD 1 Enmrnnuel Pafos, MD
2 one in a medical malpractice lawsuit as a defendant, 2 A -- July of 2015.
3 right? 3 Q So you're looki ng at Jul y of2015 and then
4 A Right. 4 April of 2016, right? So let's be specific for that
5 Q First one you testified as a resident, 5 specific time frame. So how many c-sections
6 right, and you were a defendant? 6 approximately did you perfonn from July of2015 to
7 A Right. 7 April of2016?
8 Q And what about the other one? 8 A I can't commit to a number, sir.I mean,
9 A I think they were both in that same case. 9 perhaps it was 50, perhaps it was 100.
10 1 don't recall the details, exactly how many times, 10 Q So you, but would you say that it's in the
11 but I know that it was in that resident case. 11 200, 300 range?
12 Q In 2016 did you have any typical work 12 A At that point? Probably not. Now, if you
13 hours at Nanda, MD, PC? 13 ask me how many total c-sections I've done including
14 A Yes . 14 residency, by that time it would be well over 500.
15 Q And what were those hours? 15 Q After you completed your residency, what
16 A 1 saw patients during the week and at 16 was your first employment as an attending in
17 times on Saturdays, based on the schedule and also 17 obstetrics and gynecology?
18 to call at the hospital. 18 A When did I first begin to work?
19 Q In 20 I 6 did you cover the night shift for 19 Q Yes.
20 Dr. Nanda's practice? 20 A I beli eve it was in September.
21 A I believe I was on call that night.
I 21 Q And where was that?
22 don't have the schedule any longer. 22 A Deepak Nanda, MD, PC.
23 Q So other than you, were there any other 23 Q So from your graduation -- let me withdraw
24 physicians employed by Nanda , MD, PC? 24 that.
25 A No. 25 From the completion of your residency in
Page 23 Page 25
1 Emmanuel Pafos, MD 1 Emmanuel Pafos, MD
2 Q As of Apri 1 13 , 20 16, can you tell me 2 Ju ly of2015 to September of 2015 , did you at all
3 approximately how many c-sections had you pe1f01med 3 perform any c-sections?
4 independently? 4 A No, I took time off.
5 A I don't know if I can recall that number 5 Q When you say you took time off, were you
6 at this time. 6 not working during that time frame?
7 Q Can you give me a ballpark? 7 A No, I took a vacation.
8 A I honestly don't know.I know it was 8 Q To prepare for this deposition today, did
9 many. Could have been a hundred, perhaps maybe 9 you revi ew any documents?
10 less.I trained there, so, you know, it's a, it was 10 A I looked at the hosp ital chart.
11 a continuum for me. 11 Q Okay, so the hospital cha11.
Did you
12 Q So let me na1Tow that down. 12 review, other than that, did you review anything
13 So after you completed your residency, but 13 else?
14 before April 13, 2016, about how many c-sections had 14 A I looked at the office notes.
15 you performed? 15 Q Okay. Did you review anything else other
16 A I cannot recall that answer.
I could try 16 than the hospital chart and the office notes?
17 and look back at some point and see ifl can come up 17 A No, that's all there is.
18 with a number for you -- 18 Q Before you reviewed the documents that you
19 Q So by looking -- 19 had reviewed to prepare for this deposition, did you
20 A -- information with me.I can give it to 20 at all have an y independent recollection of
21 my attorney. 21 Ms. Robinson?
22 Q So you finished your residency in May of 22 A I have some reco llection of her, indeed.
23 20 15 , correct? 23 Q So more specifi call y, did you have any
24 A In -- 24 independent recollection prior to reviewing the
25 MR. XANTHAKIS: Said July. 25 documents of any discussions that you might have had
7 (Pages 22 to 25)
Enright Court Reporting (63 1) 589 - 7788
Electro ni call y sig ned by Do nna Gilmore (60 1-152-379-5964) 3a45a 1 e5-e020-4584-b 334-90044e 88fc79
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021
Page 26
Preview
FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------- - - - - - --- - ------ - - -- --------------- x THERESA ROBINSON and DEREK ROBINSON , Pl aintiffs , I ndex No . - against - 717964/2018 NORT HWELL HEALTH , INC ., LONG I SLAND JEWISH MEDICAL CENTER , DEEPAK NANDA , MD , PC , DEEPAK NANDA , MD and EMMANUEL M. PAFOS , MD , Defendants. -- ----- - ---- -- - ----- -- ---- - - -- - - ---- -------- x via Zoom Videoconference March 5, 2021 11 : 06 a . m. EXAMINATION BEFORE TRIAL of EMMANUEL PAFOS , MD , taken by Plaintiff , pursuant to Article 31 of the Civil Practice Law and Rules of Testimony , and Order , held at the above - noted time and place , befo r e Donna C. Gilmore , a Stenotype Reporter and Notary Public within and for the State of New York . Enright Court Reporting (631) 589 - 7788 Electronically signed by Donna Gilmore (601-152-379-5964) 3a45a 1 e5-e020-4584-b334-90044e88fc 79 FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021 Page 2 Page 4 1 1 2 A P P E A R A N C ES: 3 2 Paterniti , I agree. 4 THE PAG LINAWAN LAW FIRM , PC 3 THE REPORTER : M s. Burke, w ill you be Anomeys for Plaint iff 4 ordering and paying fo r a copy of this 5 118-2 1 Queens Bouleva rd, Suite 50 I Forest Hills, New York 11 375 5 transcript? 6 6 MS. BURKE: Y es. BY : JAMES S. PAG LINAWAN , ESQ. 7 7 THE REPORTER : Mr. Kraus, w ill you be 8 8 ordering and paying for a copy of thi s AARONSON, RAPPAPORT, FE INSTEIN & DEUTSC H, LLP 9 transcrip t? 9 Attorneys fo r Defendants NORTHWE LL HEA LTH , rNC. and LONG ISLAN D 10 MR. KRAU S : Yes, I am I only need a 10 JEW ISH MED ICAL CENTE R 11 regu lar and just e-mail it to me as we ll , 600 Third Avenue 12 11 please, no 1nini. New York, New York100 16 12 BY : YANIQUE BURKE, ESQ. 13 MS . BURKE: M ine as well. 13 14 14 RUB IN , PATERN ITI, GONZALEZ & KAU FMAN, LLP Attorneys fo r Defendants 15 15 DEE PAK NAN DA, MD, PC and DEEP AK NAN DA, MD 16 555 Fifth Avenue, 6th Floor 17 16 New York, New York 100 17 17 BY : STEVEN KRAU S, ESQ. 18 18 19 19 GALVA NO & XA NTHAKIS, PC Attorneys fo r Defenda nt 20 20 EMMANUEL M. PAFOS, MD 21 358 St. Marks Place, Sui te 202 22 21 Staten Island, New York 1030 1 22 BY : ANTH ONY XANTHAKIS, ESQ. 23 23 24 24 25 25 Page 3 Page 5 1 1 2 PR OCEE DI NGS 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 pa1iies hereto, that: 6 present in the deposition room and that I 6 All ri ghts provided by the CPLR, and Part 22 1 7 will be reporting this deposition 7 of the Uniform Rul es for the Conduct of Depositi ons, 8 remotely. 8 including the ri ght to object to any quest ion, except 9 They fu1i her acknowledge that, in lieu 9 as to form, or to move to stri ke any testimony at thi s 10 of an oath adm inistered in person, I will 10 examination is reserved; and in additi on, the fa ilure 11 adminj ster 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 examinati on shall not be a bar or 13 Governor Cuomo on M arch 19, 2020. 13 waiver to make such moti on at, and is reserved to, 14 The parties and their counsel consent 14 the tri al of thi s acti on. 15 to this arrangement and waive any 15 Thi s deposition may be sworn to by the wit ness 16 obj ections to thi s manner of reporting. 16 being examined before a Notary Pub lic other than the 17 P lease indicate your agreement by stating 17 Notary Public before whom thi s examination was begun, 18 your name and your agreement on the 18 but the fa ilu re to do so or to return the ori ginal 19 record. 19 of thi s deposition to counsel, shall not be deemed a 20 MR XANTHAKIS: Anthony Xanthakis, I 20 waiver of the ri ghts provided by Rul e 3 11 6 of the 21 agree. 21 CPLR, and shall be cont roll ed thereby. The fili ng 22 MS. BURKE: Yanique Burke, I agree. 22 of the ori ginal of thi s depositi on is waived . 23 MR PAOLINAWAN : James S. Paglinawan, 23 IT IS FURTHER STIPULATED, that a copy of thi s 24 I agree. 24 examinati on shall be furni shed to the attorney fo r 25 MR KRAUS : Steven Kraus from Rubin 25 the witness being examined without charge. I - ...... -·"""'""""""" - -I 2 (Pages 2 to 5) Enright Co urt Reporting (631) 5 8 9- 77 88 Electronically signed by Donna Gilmore (601-152-379-5964) 3a45a 1e5-e020-4584-b334-90044e88fc 79 FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021 Page 6 Page 8 1 1 Emmanuel Pafos, MD 2 EMMANUEL PA F OS, MD, 2 Also, there will be many times when you 3 Defendant, having first been duly sworn by the 3 will be able to anticipate what my question is, even 4 Notary Public, was examined and testified as 4 before I'm finished. Even then, I still ask that 5 fo llows: 5 you wait unti l I'm finished asking the question I 6 EXAMINATION BY 6 before you start to answer. 7 MR. PAGLINAWAN: 7 If you need to take a break let us know. 8 Q Please state your name for the record. 8 In general, it's not an issue unless there is a 9 A Emmanuel Pafos, MD. 9 question that's pending. That means that I have 10 Q Please state your address for the record. 10 asked you a question and you have not answered the 11 A 214 Legacy Woods Drive, Wallace, North 11 question yet. If you have to take a break and we 12 Carolina 28466. 12 have a pending question, I will ask that you answer 13 Q Good morning, Dr. Pafos. Am I pronouncing 13 the pending question and then we can take a break. 14 your last name conectly? 14 Are you clear with respect to the rules? 15 A Yes. It's Pafos. 15 A Very well. 16 Q For some reason we've been pronouncing it 16 Q Doctor, do you keep a copy of your 17 as Pafos and -- 17 cuniculum vitae anywhere; in a computer, a paper 18 MR. XANTHAK.IS: Not the Greek. Not 18 copy at home? 19 the Greek. I was saying it Pafos, I'm 19 A I have one, I don't know how cmTent it 20 just saying. 20 is, at home. I've, I was on call last night, so -- 21 Q My name is James S. Paglinawan, and I work 21 Q That's fine. 22 for the Paglinawan Firm, PC, which is the law firm 22 A -- don't have with me. 23 that represents Theresa Robinson and Derek Robinson 23 Q I' ll put in a request to obtain a copy of 24 in this medical malpractice lawsuit in which you are 24 that and your counsel will notify you of that. 25 named as a defendant. 25 Okay? Page 7 Page 9 1 Emmanuel Pafos, MD 1 Emmanuel Pafos, MD 2 Today I will be asking you some questions 2 A Yeah, he actually did, and I'll get it to 3 related to the care and treatment that you provided 3 you. I just was on call and I haven't gotten home. 4 to Theresa Robinson at Long Island Jewish Medical 4 MR. XANTHAKIS: I'll get it to you, 5 Center, and I wi ll ask you questions regarding any 5 James, no problem. 6 office visits as well. I'll begin by discussing 6 MR. PAGLINAWAN: No problem. 7 very basic rules with you. 7 Q Doctor, are you cunently licensed to 8 First, this is an oral deposition, which 8 practi ce as a physician in New York State? 9 means that you need to respond to the question using 9 A No . 10 spoken words rather than using nonverbal gestures 10 Q When was the last time you were licensed 11 only. As you can see, Ms. Gi lmore is transcribing 11 to practice as a physician in New York State? 12 here and she's doing that to everything that I'm 12 A I believe that expired in 20 19. I chose 13 saying and she will be doing the same thing to your 13 not to renew. 14 statements. 14 Q When did you obtain your license to 15 Also, I want you to make sure that you 15 practice as a physician in New York State? I know 16 understand my question before you staii to answer. 16 you said it expired, but when did you obtain that? I 17 There are times when the question may be clear in my 17 A At the close ofresidency, I suppose. I 18 head, but it may not be clear to you, or for some 18 don't know what year it was. I have to look back. 19 reason I'm assuming that we're not having any 19 I guess 2015? Yeah. 20 technical difficulties and I'll keep on talking and 20 Q And 1ight now are you cunently licensed 21 talking, in the meantime you're not hearing me.So 21 to practice as a physician in any other states or 22 if for some reason you're not able to understand my 22 jurisdictions? 23 question, you cannot hear me, or for some reason, 23 A Yes. 24 you know, I disappear out of the screen momentarily, 24 Q In how many? 25 let me know. I can rephrase the question. 25 A One. 3 (Pages 6 to 9) Enright Court Reporting (631) 589 - 7788 Electronically signed by Donna Gilmore (60 1-152-379-5964) 3a45a 1e5-e020-4584-b 334-90044e88fc79 FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021 Page 10 Page 12 1 Enm1anuel Pafos, MD 1 Emmanuel Pafos, MD 2 Q Where is that? 2 OB/GYN. 3 A No1th Caro lina. 3 Q When djd you first become board eligible? 4 Q Where are you cuITently employed? 4 A I guess in June of 20 15. 5 A I'm employed in North Carolina , in 5 Q In April of 2015 -- let me withdraw that. 6 Kenansville, No1th Carolina. 6 In April of 201 6 you didn't have any board 7 Q Is that a hospital, a clinic? 7 ce1tifications, coJTect? 8 A Yeah, I work fo r Vidant Women's Care. 8 A CoJTect. 9 Q When did you begin workjng there? 9 Q As you said, you completed your residency 10 A In August of 20 18. 10 in obstetrics and gynecology. What is obstetrics 11 Q In April of 201 6 who were you employed by? 11 and gynecology, Doctor? 12 A Deepak Nanda, MD. 12 A It's the care of women with regards to 13 Q And in April of 20 16 what was your 13 their gynecological organs and functions, as well as 14 position there? 14 pregnancy, including delivery and postpmtum care, 15 A I was a phys ician, an 15 prenatal care, delivery, and postpartum care. 16 obstetrician-gynecologist. 16 Q When you said earlier that you are board 17 Q In April of 201 6 were you a shareholder or 17 eligible for obstetrics and gynecology, what does 18 a partner there? 18 that mean ? 19 A No . 19 A It means that I passed my board exam and I 20 Q In April of 20 16 did you have any hospital 20 have to do a case presentation, where you do some 21 privileges here in New York? 21 oral boards as well after you go into practice. 22 A Yes. 22 Q So as of this time, what do you need to do 23 Q How many hospitals? 23 to become board certified in obstetrics and 24 A Three. 24 gynecology? 25 Q And what were they? 25 A Need to do the oral part. Page 11 Page 13 1 Emm anuel Pafos, MD 1 Emmanuel Pafos, MD 2 A Long Island Jewish Medical Center, North 2 Q Let's talk about your employment with 3 Shore University Hospital, Forest Hills Hospital. 3 Nanda, MD, PC in April of 2016. Did your employer 4 Q And where did you go to medical school ? 4 at that time pay fo r your liability insurance 5 A SUNY Downstate. 5 coverage? 6 Q When did you graduate from there? 6 A Yes . 7 A 20 1 I . 7 Q Was that something that was included in a 8 Q And after you graduated from there, did 8 written agreement? I 9 you then go on to do residencies? 9 A It was agreed to, although he never 10 A I did . 10 presented me with a contract. He basically put it , 11 Q So could you pl ease tell us about it. 11 off. 12 A I did residency at the North Shore LIJ 12 Q So when you say "he," are you talkjng 1 13 program , it's now ca ll ed Northwell. 13 about Dr. Nanda? 14 Q And how long was that residency? 14 A That's right. 15 A Four years. 15 Q So other than the insurance liabi lity, 16 Q When did you begi n and when did you 16 insurance coverage that Dr. Nanda was supposed to 17 fin ish? 17 pay, right, on your behalf, did you have your own 18 A July of201 l and I suppose July of 20 15, 18 personal liability coverage? 19 or thereabouts. 19 A He was responsible fo r it. 20 Q And that residency, was it related to any 20 MR. KRAUS: Forn1 of -- obj ecti on to 21 speci alty? 21 the form of the question. Move to strike. 22 A Obstetrics and gyneco logy. 22 Q At some point did you ever find out that 23 Q And do you have any board certifications 23 there was an issue with your liability insurance 24 presently? 24 coverage in 201 6? 25 A Board eli gibl e fo r the Am erican Board of 25 A Yes. ,_ --~- 4 (Pages 10 to 13 ) Enri g ht Court Report i ng (631) 5 89 - 7 788 Electronica ll y sign ed by Donn a Gilmore (601-152- 379-5964) 3a45a1 e5-e020-4584-b 334-90044e88fc79 FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021 Page 14 Page 16 1 Emmanuel Pafos, MD 1 Emmanuel Pafos, MD 2 Q When was the first time you found out? 2 MR. P AG LINAWAN: On what basis? 3 A After I left. 3 MR. KRAUS: You're saying Dr. Nanda 4 Q And how did you find out? 4 individually. My understanding is that 5 A From the insurance broker. 5 Dr. Pafos was employed by the group, not 6 Q And which insurance broker was that? 6 Dr. Nanda. So you're saying Dr. Nanda 7 A I don't remember -- her first name is 7 individually as opposed to Nanda, MD, PC, 8 Olga. I don't remember her last name off the top of 8 so I think it's somewhat misleading. 9 my head. 9 That's all. 10 Q But from what company? 10 MR. PAGLINAWAN: Well, a corporation 11 A MLMIC. 11 can't write a check, right?I mean, you 12 Q So after you found out that you had no 12 know, it's not a real person.So who was 13 liability insurance coverage in 2016, did you then 13 supposed to write the check? A real 14 have a conversation with Dr. Nanda? 14 person has to pay for it, right? A 15 A No, I haven't -- 15 corporation is not a living organism. 16 MR. KRAUS: Objection to fonn. 16 MR. KRAUS: You have a professional 17 MR. PAGLINAWAN: Can you read the 17 corporation, James, and I would assume 18 answer, please? 18 that you pay for the bills out of the 19 (The requested portion of the record 19 corporate entity. 20 was read by the reporter.) 20 MR. PAG LINA WAN: Right, but a person 21 MR. KRAUS : My objection, James, is 21 has to write a check, c01Tect? 22 that you haven't established that there 22 Corporation isn't a real person , has no 23 was no coverage in 2016. Perhaps it was 23 hands, not capable of writing any checks, 24 later there was an issue, but not that. 24 not capable of electronically paying for 25 Q As far as you know, Doctor, did you have 25 anything. Right? So a corporation Page 15 Page 17 1 Emmanuel Pafos, MD 1 Emmanuel Pafos, MD 2 any liabi li ty insurance coverage in 2016? 2 doesn't live, it doesn't have its own 3 A Yes. I had a policy with MLMIC. 3 life, it's not animated. So someone has 4 Q And right now who is paying for your 4 to be paying for the check, and had to be 5 defense? 5 a real person. 6 A Well , I'm paying for it right now because 6 MR. KRAUS: Well , you didn't say who 7 I was advised that he didn't pay the insurance. 7 actually wrote the check. You said that 8 Q When you say "he," you're refening to 8 Dr. Nanda was paying it, and that may not 9 Dr. Nanda? 9 be accurate. That's all. 10 A That's right. 10 MR. PAGLINAWAN: No, but he testified 11 Q Do you have any understanding as to when 11 that Dr. Nanda said he was going to pay 12 Dr. Nanda stopped paying for the li ability 12 for it, and then he ended up not doing it. 13 insurance? 13 MR. KRAUS: Well, I understand what he 14 MR. KRAUS : Objection to the fonn . 14 testified to.I'm just making the record, 15 Q Go ahead . 15 You can either seek to that's all. 16 A I'm s01ry? 16 clarify it or not. Move on . 17 Q Do you have any understanding as to -- let 17 Q In 2016 were you under the impression that 18 me ask another question. Let me withdraw that. 18 Dr. Nanda was supposed to be paying for liabi lity 19 Do you have any understanding as to 19 insurance coverage? ! 20 whether Dr. Nanda ever paid for any of your 20 A Yes -- did you say under the impression? 21 insurance, li abi lity insurance coverage in 2016? 21 Q Yes. 22 A I don't have the specific details or the 22 A Yes. 23 copies of the checks or anything like that. 23 MR. KRAUS: And objection to the fonn, 24 MR. KRAUS: Objection to the fom1 of 24 asked and answered. 25 that question. 25 Q Was it your understanding that Dr. Nanda, 5 ( Pages 14 to 17) Enright Court Reporting (631) 589 - 7788 Electron ically sig ned by Donna Gilmore (601-152-379-5964) 3a45a 1e5-e020-4584-b 334-90 044e88fc 79 FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021 Page 18 Page 20 11 1 Emmanuel Pafos, MD 1 Enunanuel Pafos, MD 2 the entire time in 20 16, was paying for your 2 MR. KRAUS: Objection. 3 liability insurance coverage? 3 A -- been a while. 4 A Yes. 4 MR. KRAUS: Note my objection to the 5 MR. KRAUS: Same objection. 5 fonn of the question. 6 Q Do you have any understanding as to why 6 I'm son)', Doctor. I apologize for 7 Dr. Nanda didn't pay? 7 intem1pting. 8 9 A No. MR. KRAUS: Objection to the fonn. 8 9 Q this? Did they send you any e-mail regarding I ll 10 Q Did you at all have any wri tten agreements 10 A I don't remember. I'm sony 11 12 with Dr. Nanda related to your employment there in 2016? 11 12 Q To your knowledge, have you initiated any lawsuit against Dr. Nanda and Nanda, MD, PC related I 13 A No, he never presented me with a contract. 13 to your insurance liability insurance coverage in 14 I expected it and expected it, but it never 14 2016? 15 mate1ialized. 15 A Not as of yet. 16 Q And how were you getting paid in 2016 by 16 Q Do you plan to? 17 Dr. Nanda's practice? 17 A I plan to be counseled appropriately and 18 A By check, or I guess electronic check. 18 then move on from there. 19 Q And how were you getting p aid there, how 19 Q Not counting this morning, how many times 20 frequently? 20 have you been named as a defendant in a medical 21 A Biweekly. 21 malpractice lawsuit only, not any other kinds of 22 Q And the payment that was supposed to be 22 lawsuits? 23 made to cover your liabi lity insurance policy in 23 A Twice. 24 20 16, was that taken out of your paycheck? 24 Q So that's a tota l of three cases, co1Tect? 25 A No. 25 A Yeah, when I was in residency. I don't 1--- - - - - - - - - - - - - - - - - - - - - - - + - - - - - - - - - - - - - - - - -- -- - - - --11 i Page 19 Page 21 1 Emmanuel Pafos, MD 1 Emmanuel Pafos, MD 2 Q At any point did Dr. Nanda ever tell you 2 know if that matters or not. 3 that he wasn't maki ng the payment for your liability 3 Q So one was when you were at residency. 4 insurance coverage? 4 What abou t the other one? 5 A No. 5 A The other one was a, in practice, for a 6 Q At any point did Dr. Nanda ever tell you 6 missed abortion. 7 that he was making the payments for your li ability 7 Q And those three cases, were they all filed 8 insurance coverage in 2016? 8 in New York State? 9 A No. 9 A Yes. 10 Q Did you ever ask him at any point in 2016 10 Q How m any times h ave you testified in a 11 whether or not he was paying for liability insurance 11 deposition before, not counting thi s one? 12 coverage? 12 A I believe twice. 13 A No. 13 Q So the two other times you testified at a 14 Q Did MLM -- the insurance liability catTier 14 deposition, were they from the previous two cases 15 that you mentioned earlier, did they send you a 15 where you were named as defendant? 16 letter denying your coverage related to this case? 16 A From the previous -- it was from the 17 A I don't lf they did it didn't get to me. 17 residency case. 18 have anything. 18 Q So you testified there how m any times in a 19 Q And the conversation -- let me withdraw 19 deposition? 20 that. 20 A I believe it was twice, once or tw ice. I 21 The way you found out that you did not 21 can't recall exactly, but it was once or twi ce. 22 have any insurance coverage in 2016, was that only 22 Q And the other one, did you testify in a 23 by phone? 23 deposition for that case? 24 A Honestly, I don't recal l how I found out. 24 A I'm son)'? 25 It's -- 25 Q So you were named twice, not counting this 6 (Pages 18 to 21) Enright Court Reporting (63 1 ) 589 - 7788 Electronically signed by Donna Gilmore (601-152-379-5964) 3a45a 1e5-e020-4584-b334-90044e88fc 79 FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021 Page 22 Page 24 1 Emmanuel Pafos, MD 1 Enmrnnuel Pafos, MD 2 one in a medical malpractice lawsuit as a defendant, 2 A -- July of 2015. 3 right? 3 Q So you're looki ng at Jul y of2015 and then 4 A Right. 4 April of 2016, right? So let's be specific for that 5 Q First one you testified as a resident, 5 specific time frame. So how many c-sections 6 right, and you were a defendant? 6 approximately did you perfonn from July of2015 to 7 A Right. 7 April of2016? 8 Q And what about the other one? 8 A I can't commit to a number, sir.I mean, 9 A I think they were both in that same case. 9 perhaps it was 50, perhaps it was 100. 10 1 don't recall the details, exactly how many times, 10 Q So you, but would you say that it's in the 11 but I know that it was in that resident case. 11 200, 300 range? 12 Q In 2016 did you have any typical work 12 A At that point? Probably not. Now, if you 13 hours at Nanda, MD, PC? 13 ask me how many total c-sections I've done including 14 A Yes . 14 residency, by that time it would be well over 500. 15 Q And what were those hours? 15 Q After you completed your residency, what 16 A 1 saw patients during the week and at 16 was your first employment as an attending in 17 times on Saturdays, based on the schedule and also 17 obstetrics and gynecology? 18 to call at the hospital. 18 A When did I first begin to work? 19 Q In 20 I 6 did you cover the night shift for 19 Q Yes. 20 Dr. Nanda's practice? 20 A I beli eve it was in September. 21 A I believe I was on call that night. I 21 Q And where was that? 22 don't have the schedule any longer. 22 A Deepak Nanda, MD, PC. 23 Q So other than you, were there any other 23 Q So from your graduation -- let me withdraw 24 physicians employed by Nanda , MD, PC? 24 that. 25 A No. 25 From the completion of your residency in Page 23 Page 25 1 Emmanuel Pafos, MD 1 Emmanuel Pafos, MD 2 Q As of Apri 1 13 , 20 16, can you tell me 2 Ju ly of2015 to September of 2015 , did you at all 3 approximately how many c-sections had you pe1f01med 3 perform any c-sections? 4 independently? 4 A No, I took time off. 5 A I don't know if I can recall that number 5 Q When you say you took time off, were you 6 at this time. 6 not working during that time frame? 7 Q Can you give me a ballpark? 7 A No, I took a vacation. 8 A I honestly don't know.I know it was 8 Q To prepare for this deposition today, did 9 many. Could have been a hundred, perhaps maybe 9 you revi ew any documents? 10 less.I trained there, so, you know, it's a, it was 10 A I looked at the hosp ital chart. 11 a continuum for me. 11 Q Okay, so the hospital cha11. Did you 12 Q So let me na1Tow that down. 12 review, other than that, did you review anything 13 So after you completed your residency, but 13 else? 14 before April 13, 2016, about how many c-sections had 14 A I looked at the office notes. 15 you performed? 15 Q Okay. Did you review anything else other 16 A I cannot recall that answer. I could try 16 than the hospital chart and the office notes? 17 and look back at some point and see ifl can come up 17 A No, that's all there is. 18 with a number for you -- 18 Q Before you reviewed the documents that you 19 Q So by looking -- 19 had reviewed to prepare for this deposition, did you 20 A -- information with me.I can give it to 20 at all have an y independent recollection of 21 my attorney. 21 Ms. Robinson? 22 Q So you finished your residency in May of 22 A I have some reco llection of her, indeed. 23 20 15 , correct? 23 Q So more specifi call y, did you have any 24 A In -- 24 independent recollection prior to reviewing the 25 MR. XANTHAKIS: Said July. 25 documents of any discussions that you might have had 7 (Pages 22 to 25) Enright Court Reporting (63 1) 589 - 7788 Electro ni call y sig ned by Do nna Gilmore (60 1-152-379-5964) 3a45a 1 e5-e020-4584-b 334-90044e 88fc79 FILED: QUEENS COUNTY CLERK 06/14/2021 04:09 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 06/14/2021 Page 26