Preview
INDEX NO. 523101/2016
NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 04/24/2023
EXHIBIT P
INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
wee eee eee eee ee ee ee ee eee eee ee ee ee ee ee eee
MINEL JOHNSON and ANSEL JOHNSON,
PLAINTIFFS,
-against- Index No.:
523101/2016
BERNARD RIMPEL, UMESH MISHRA, JOSEPH
DERGAN, SARINA CRANAGE, STACEY MARTINDALE,
AMER_HOMSI, DAVID SCHANER and THE BROOKLYN
HOSPITAL CENTER,
DEFENDANTS.
10 wee eee eee eee ee eee eee ee eee ee ee ee eee ee ee
11
12 DATE: August 22, 2018
13 TIME: 10:10 A.M.
14
15 VIDEOTAPED EXAMINATION BEFORE
16 TRIAL of the Defendant, BERNARD RIMPEL, MD,
17 FACS, s/h/a BERNARD RIMPEL, taken by the
18 Plaintiffs, pursuant to a Court Order, held
19 at the offices of Ellenberg Gannon
20 Henninger Fitzmaurice & Lim, LLP, 494
21 Eighth Avenue, 7th Floor, New York, New
22 York 10001, before Norah Colton, CM, a
23 Notary Public of the State of New York.
24
25
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1
INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 04/24/2023
APPEARANCES:
GURFEIN DOUGLAS LLP
Attorne s for the Plaintiffs
MINEL JOHNSON and ANSEL JOHNSON
11 Park Place, Suite 1100
New York, New York 10007
BY: PRESTON J. DOUGLAS, ESQ.
ELLENBERG GANNON HENNINGER
FITZMAURICE & LIM, LLP
Attorneys for the Defendant
BERNARD RIMPEL, MD, FACS s/h/a
10 BERNARD RIMPEL
494 Eighth Avenue, 7th Floor
11 New York, New York 10001
BY: DAVID GANNON, ESQ.
12 dgannon@eghfllaw.
com
13
KERLEY, WALSH, MATERA & CINQUEMANI, P.C.
14 Attorne s for the Defendants
SARINA RANAGE and DAVID SHANER
15 2174 Jackson Avenue
Seaford, New York 11783
16 BY: JOY WODA SCHNEIDER, ESQ.
File #: 152
17
18 DOPF, PC
Attorne s for the Defendants
19 UMESH MISHRA, JOSEPH DERGAN STACEY
MARTINDALE, AMER HOMSI an
20 THE BROOKLYN HOSPITAL CENTER
440 Ninth Avenue
21 New York, New York 10001
BY: DENISE SAPANARA, ESQ.
22 File #: 133-73
23
ALSO PRESENT:
24 KEN LO, Videographer
Gurfein Douglas LP
25
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2
INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023
221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
221.1 Objections
. at Depositions
(a) Ob
shall b ections in general. No
e made at a deposition
objections
except those
which, ursuant to subdivision (b), (c) or
(d) of ule 3115 of the Civil Practice Law
and Rules, would be waived if not
interposed, and except in compliance with
subdivision (e) of such rule. A
not edections
deposition
by the
made
is
officer
at
taken,
a deposition
before
and the
whom
answer
shall
the
be
shall
be iven and the deposition shall roceed
subject to the objections and to the right
10
of a person toa
pursuant to Arti
ly_fora
e 31 of el
ropriate relief
e CPLR. th
(b) S eaking
11 t objections
objec ion raised during a deposition sha
be stated succinctly and framed so as not
restricted. Ever
{1
12 to suggest an answer to the deponent and,
at the request of the questioning attorney,
13 shall include a clear statement as to any
defect_in form or other basis of error or
14 irregularity. Except to the extent
permitted by CPLR Rule 3115 or by this
15 rule, during the course of the examination
persons in attendance shall not make
16 statements or comments that interfere with
the
17
18
221 J
made.
at a
Refusal Yo
A deponent
deposition,
answer when ob
shall answer a
except (i) to
{ ection
lL questions
preserve
is
a
privilege or right of confidentiality, (ii)
19 to enforce a limitation set forth in an
order of the court, or (iii) when the
20 question is plainly improper and would, if
answered, cause significant prejudice to
21 any person. An attorney shall not direct
a deponent_not_ to answer except as provided
22 in CPLR Rule 3115 or this subdivision.
Any refusal to answer or direction not to
23 answer shall be accompanied by a succinct
and clear statement of the basis therefor.
24 If the deponent does not_answer a question,
the examining party shall have the right to
25 complete the remainder of the deposition.
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3
INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023
221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
221.3 Communication with the deponent
An attorne
deposition for t he
shall not interrupt the
purpose of communicating
with the deponent unless all parties
consent or the communication is made for
the purpose of determining whether the
question should not be answered on the
grounds set forth in section 221.2 of these
rules and, in such event, the reason for
the communication shall_be stated for the
record succinctly and clearly.
10 IT IS FURTHER STIPULATED AND AGREED
that the transcript may be signed before
11 any Notary Public with the same force and
effect as if signed before a clerk or a
12 Judge of the court.
13
IT IS FURTHER STIPULATED AND AGREED
14 that the examination before trial may be
utilized for all purposes as provided by
15 the CPLR
16
IT IS FURTHER STIPULATED AND AGREED
17
18
that
the
all
CPLR
appropriate
right
canno tb rovided to all parties by
e deemed waived and the
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
21 respective parties hereto hat a copy of
this examination shall be furnished,
22 without charge, to the attorneys
representing the witness testifying herein.
23
24
25
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4
INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023
BERNARD RIMPEL, MD, FACS
THE VIDEOGRAPHER: Good
morning. In the matter of Johnson
versus Rimpel, et al. My name is
Kenneth Lo. My address is 6132 232nd
Street, Oakland Gardens, New York.
I hereby certify that I am the
operator of the video equipment on
which this videotaped deposition is
10 being recorded.
11 This recording is being made on
12 August 22, 2018 at the office of
13 Ellenberg Gannon Henninger
14 Fitzmaurice & Lim, LLP located at
15 494, Eighth Avenue, New York City.
16 I am employed by Gurfein
17 Douglas LLP located at 11 Park Place
18 New York, New York.
19 The time is 10:10:35 seconds,
20 and the witness is Dr. Bernard
21 Rimpel, and he's called by the
22 Plaintiff pursuant to Court Order.
23 The Court Reporter's name is
24 Norah Colton, and she is a certified
25 court stenographer working for
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INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023
BERNARD RIMPEL, MD, FACS
Diamond Reporting located at 16 Court
Street, Brooklyn, New York. She's a
Notary Public of the State of New
York.
Will the attorneys please
identify their voices and will the
Reporter swear in the witness.
MR. DOUGLAS: Preston Douglas
10 for the Plaintiff.
11 MR. GANNON: David Gannon on
12 behalf of Dr. Rimpel.
13 MS. SAPONARA: Denise Saponara
14 from Glen Dof's office on behalf of
15 The Brooklyn Hospital, Dr. Dergan,
16 Dr. Homsi, Dr. Martindale and Dr.
17 Mishra.
18 MS. SCHNEIDER: Joy Schneider
19 from Kerley, Walsh, Matera &
20 Cinquemani. I represent Dr. Shaner
21 and CRNA Cranage.
22 BERNARD RIMPEL, called as a
23 witness, having been first duly sworn by a
24 Notary Public of the State of New York, was
25 examined and testified as follows:
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6
INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023
BERNARD RIMPEL, MD, FACS
EXAMINATION BY
MR. DOUGLAS:
Q Good morning.
A Good morning.
Q Yes, do please keep your voice
up. I wear hearing aids, I'ma little
hearing impaired, it will help and help you
because I won't have to repeat questions
10 and answers.
11 Dr. Rimpel, were you the
12 attending physician for the admission in
13 both March and May of 2014 of Minel
14 Johnson?
15 A I was the attending surgeon.
16 Q Yes.
17 A Yes, sir.
18 Q And just to sum up quickly and
19 move on, the March surgery was a lap chole
20 they call it?
21 A Yes.
22 Q And in the following admission
23 she was planned to have a repair of an
24 incisional hernia, correct?
25 A Correct.
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INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023
BERNARD RIMPEL, MD, FACS
Q We both agree that incisional
hernias are a known risk of all surgeries
like that. Correct?
A Could you repeat the question?
Q Yes. Incisional hernia,
although it relates back to the lap chole,
is a risk of that surgery?
A The incisional hernia was not
10 related to that.
11 Q What was the incision national
12 hernia from?
13 A She had a ventral hernia
14 probably from previous pregnancy, but it
15 was not...
16 MR. GANNON: Not what? Please
17 finish your answer.
18 A (Continuing:) Not correlated.
19 MR. GANNON: Not correlated.
20 Q And so, she nevertheless needed
21 a repair of a hernia.
22 A That is correct.
23 Q And what were the indications
24 for the repair being necessary?
25 A Because she has a huge ventral
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INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023
BERNARD RIMPEL, MD, FACS
hernia which was painful to her and also,
not cosmetically.
Q Not cosmetically?
A Good for her.
Q Was it reducible?
A It was reducible with
difficulty.
Q Okay. Well, let's define our
10 terms. What does reducible mean?
11 A Reducible means the hernia can
12 be reduced inside the abdominal cavity.
13 Q Does it mean that any organs or
14 intestines that are sticking out in the
15 hernia could be pushed back into place?
16 A Yes.
17 Q Okay. And you said "with
18 difficulty." Were you able to reduce it?
19 A Yes.
20 Q Okay. What did you mean by
21 "with difficulty"?
22 A Some hernias are quite large.
23 You can put your hand and push it back
24 immediately. This one you got to really
25 push a little harder to reduce.
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9
INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 04/24/2023
BERNARD RIMPEL, MD, FACS
Q Is one of the reasons you make
a repair like this, there's a danger of
incarceration?
A That is correct.
Q Would you tell us what that
means.
A It means that the whatever is
in the hernia sac, which means the organs
10 could be -- get blocked.
11 Q So, for example, frequently
12 what's in there is a piece of intestine?
13 A Could be.
14 Q And if it is, and it is choked
15 off or incarcerated, there's the danger
16 that it will have necrosis; is that
17 correct?
18 A That is correct.
19 Q And that's one of the reasons
20 that this surgery is indicated; is that
21 correct?
22 A That is correct.
23 Q Okay. Did you have a
24 conversation with Minel Johnson in advance
25 of the repair surgery?
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10
INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023
BERNARD RIMPEL, MD, FACS
A Yes, sir.
Q Was there an office visit where
this was discussed?
A Yes.
Q Was it a single visit, or more
than one?
A Probably more than one.
Q Do you have office records
10 pertaining to that?
11 A Yes.
12 Q Okay. Can you tell me from
13 those records how many visits there were?
14 A I had one visit in my hand.
15 MR. GANNON: By Counsel, I had
16 handed the Doctor the April 15, 2014
17 visit where this ventral hernia would
18 have been discussed. However, I can
19 hand him a copy of the Advance Care
20 Physicians records, which should be a
21 more complete summary as to the
22 visits.
23 So, if you want to take a look
24 at that, Doctor.
25 MR. DOUGLAS: Yeah. What I'm
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11
INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023
BERNARD RIMPEL, MD, FACS
asking, of course, is over the course
of how many visits was the ventral
hernia and its repair discussed?
MR. GANNON: Okay. Let the
Doctor take a look --
MR. DOUGLAS: Be my guest.
MR. GANNON: -- at his office
visit.
10 (Witness reviewing. )
11 Q Do you need a few more minutes?
12 We can go off the video?
13 A No.
14 Q Okay.
15 A (Witness reviewing.) I have
16 four visits.
17 How many?
18 Four.
19 Four visits. Okay --
20 When the hernia was discussed.
21 Q Discussed, okay. And at the
22 beginning of those visits was the hernia
23 pointed out to you, or did you find it
24 yourself while you were examining your
25 patient?
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INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023
BERNARD RIMPEL, MD, FACS
A She -- it was pointed out to me
by the patient.
Q Okay. And did there come a
point in those visits that you proposed to
operate?
A Yes.
Q Was it over the course of the
visits, or was there a specific visit?
10 A It was over the course of the
11 visits.
12 Q Okay. And what did you propose
13 to do?
14 A Basically repair the hernia.
15 Q Okay. And did you tell her how
16 that would be done?
17 A Yes.
18 Q What did you tell her?
19 A I explained to her due to the
20 size of the hernia she would need to have
21 the defect closed and put a mesh on top of
22 that.
23 Q Did you tell her what kind of
24 Operation that this would be? Did you tell
25 her whether it would be an open surgery or
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13
INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 04/24/2023
BERNARD RIMPEL, MD, FACS
a laparoscopic surgery?
A Open surgery.
Q Okay. And is that also related
to the size of the hernia?
A That is correct.
Q And the use of mesh, is that
also related to the size of the hernia?
A Also correct, sir.
10 Q What did you tell her about the
11 mesh? Specifically did you tell her that
12 the mesh would assist in it, reinforcing
13 the hernia area?
14 A That is correct. I mean, the
15 repair of the hernia.
16 Q Correct. I mean, I agree.
17 During the course of those
18 visits did you -- did there come a point
19 that you and Minel Johnson scheduled an
20 admission and surgery?
21 A Yes.
22 Q And what was the scheduled
23 admission date?
24 A Yes. 5/2/2014.
25 Q And was the operation done that
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14
INDEX NO. 523101/2016
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM
NYSCEF DOC. NO. 178
Preview
INDEX NO. 523101/2016 NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 04/24/2023 EXHIBIT P INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS wee eee eee eee ee ee ee ee eee eee ee ee ee ee ee eee MINEL JOHNSON and ANSEL JOHNSON, PLAINTIFFS, -against- Index No.: 523101/2016 BERNARD RIMPEL, UMESH MISHRA, JOSEPH DERGAN, SARINA CRANAGE, STACEY MARTINDALE, AMER_HOMSI, DAVID SCHANER and THE BROOKLYN HOSPITAL CENTER, DEFENDANTS. 10 wee eee eee eee ee eee eee ee eee ee ee ee eee ee ee 11 12 DATE: August 22, 2018 13 TIME: 10:10 A.M. 14 15 VIDEOTAPED EXAMINATION BEFORE 16 TRIAL of the Defendant, BERNARD RIMPEL, MD, 17 FACS, s/h/a BERNARD RIMPEL, taken by the 18 Plaintiffs, pursuant to a Court Order, held 19 at the offices of Ellenberg Gannon 20 Henninger Fitzmaurice & Lim, LLP, 494 21 Eighth Avenue, 7th Floor, New York, New 22 York 10001, before Norah Colton, CM, a 23 Notary Public of the State of New York. 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 1 INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 04/24/2023 APPEARANCES: GURFEIN DOUGLAS LLP Attorne s for the Plaintiffs MINEL JOHNSON and ANSEL JOHNSON 11 Park Place, Suite 1100 New York, New York 10007 BY: PRESTON J. DOUGLAS, ESQ. ELLENBERG GANNON HENNINGER FITZMAURICE & LIM, LLP Attorneys for the Defendant BERNARD RIMPEL, MD, FACS s/h/a 10 BERNARD RIMPEL 494 Eighth Avenue, 7th Floor 11 New York, New York 10001 BY: DAVID GANNON, ESQ. 12 dgannon@eghfllaw. com 13 KERLEY, WALSH, MATERA & CINQUEMANI, P.C. 14 Attorne s for the Defendants SARINA RANAGE and DAVID SHANER 15 2174 Jackson Avenue Seaford, New York 11783 16 BY: JOY WODA SCHNEIDER, ESQ. File #: 152 17 18 DOPF, PC Attorne s for the Defendants 19 UMESH MISHRA, JOSEPH DERGAN STACEY MARTINDALE, AMER HOMSI an 20 THE BROOKLYN HOSPITAL CENTER 440 Ninth Avenue 21 New York, New York 10001 BY: DENISE SAPANARA, ESQ. 22 File #: 133-73 23 ALSO PRESENT: 24 KEN LO, Videographer Gurfein Douglas LP 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 2 INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 221.1 Objections . at Depositions (a) Ob shall b ections in general. No e made at a deposition objections except those which, ursuant to subdivision (b), (c) or (d) of ule 3115 of the Civil Practice Law and Rules, would be waived if not interposed, and except in compliance with subdivision (e) of such rule. A not edections deposition by the made is officer at taken, a deposition before and the whom answer shall the be shall be iven and the deposition shall roceed subject to the objections and to the right 10 of a person toa pursuant to Arti ly_fora e 31 of el ropriate relief e CPLR. th (b) S eaking 11 t objections objec ion raised during a deposition sha be stated succinctly and framed so as not restricted. Ever {1 12 to suggest an answer to the deponent and, at the request of the questioning attorney, 13 shall include a clear statement as to any defect_in form or other basis of error or 14 irregularity. Except to the extent permitted by CPLR Rule 3115 or by this 15 rule, during the course of the examination persons in attendance shall not make 16 statements or comments that interfere with the 17 18 221 J made. at a Refusal Yo A deponent deposition, answer when ob shall answer a except (i) to { ection lL questions preserve is a privilege or right of confidentiality, (ii) 19 to enforce a limitation set forth in an order of the court, or (iii) when the 20 question is plainly improper and would, if answered, cause significant prejudice to 21 any person. An attorney shall not direct a deponent_not_ to answer except as provided 22 in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to 23 answer shall be accompanied by a succinct and clear statement of the basis therefor. 24 If the deponent does not_answer a question, the examining party shall have the right to 25 complete the remainder of the deposition. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 3 INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 221.3 Communication with the deponent An attorne deposition for t he shall not interrupt the purpose of communicating with the deponent unless all parties consent or the communication is made for the purpose of determining whether the question should not be answered on the grounds set forth in section 221.2 of these rules and, in such event, the reason for the communication shall_be stated for the record succinctly and clearly. 10 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before 11 any Notary Public with the same force and effect as if signed before a clerk or a 12 Judge of the court. 13 IT IS FURTHER STIPULATED AND AGREED 14 that the examination before trial may be utilized for all purposes as provided by 15 the CPLR 16 IT IS FURTHER STIPULATED AND AGREED 17 18 that the all CPLR appropriate right canno tb rovided to all parties by e deemed waived and the 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 21 respective parties hereto hat a copy of this examination shall be furnished, 22 without charge, to the attorneys representing the witness testifying herein. 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 4 INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023 BERNARD RIMPEL, MD, FACS THE VIDEOGRAPHER: Good morning. In the matter of Johnson versus Rimpel, et al. My name is Kenneth Lo. My address is 6132 232nd Street, Oakland Gardens, New York. I hereby certify that I am the operator of the video equipment on which this videotaped deposition is 10 being recorded. 11 This recording is being made on 12 August 22, 2018 at the office of 13 Ellenberg Gannon Henninger 14 Fitzmaurice & Lim, LLP located at 15 494, Eighth Avenue, New York City. 16 I am employed by Gurfein 17 Douglas LLP located at 11 Park Place 18 New York, New York. 19 The time is 10:10:35 seconds, 20 and the witness is Dr. Bernard 21 Rimpel, and he's called by the 22 Plaintiff pursuant to Court Order. 23 The Court Reporter's name is 24 Norah Colton, and she is a certified 25 court stenographer working for DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 5 INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023 BERNARD RIMPEL, MD, FACS Diamond Reporting located at 16 Court Street, Brooklyn, New York. She's a Notary Public of the State of New York. Will the attorneys please identify their voices and will the Reporter swear in the witness. MR. DOUGLAS: Preston Douglas 10 for the Plaintiff. 11 MR. GANNON: David Gannon on 12 behalf of Dr. Rimpel. 13 MS. SAPONARA: Denise Saponara 14 from Glen Dof's office on behalf of 15 The Brooklyn Hospital, Dr. Dergan, 16 Dr. Homsi, Dr. Martindale and Dr. 17 Mishra. 18 MS. SCHNEIDER: Joy Schneider 19 from Kerley, Walsh, Matera & 20 Cinquemani. I represent Dr. Shaner 21 and CRNA Cranage. 22 BERNARD RIMPEL, called as a 23 witness, having been first duly sworn by a 24 Notary Public of the State of New York, was 25 examined and testified as follows: DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 6 INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023 BERNARD RIMPEL, MD, FACS EXAMINATION BY MR. DOUGLAS: Q Good morning. A Good morning. Q Yes, do please keep your voice up. I wear hearing aids, I'ma little hearing impaired, it will help and help you because I won't have to repeat questions 10 and answers. 11 Dr. Rimpel, were you the 12 attending physician for the admission in 13 both March and May of 2014 of Minel 14 Johnson? 15 A I was the attending surgeon. 16 Q Yes. 17 A Yes, sir. 18 Q And just to sum up quickly and 19 move on, the March surgery was a lap chole 20 they call it? 21 A Yes. 22 Q And in the following admission 23 she was planned to have a repair of an 24 incisional hernia, correct? 25 A Correct. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 7 INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023 BERNARD RIMPEL, MD, FACS Q We both agree that incisional hernias are a known risk of all surgeries like that. Correct? A Could you repeat the question? Q Yes. Incisional hernia, although it relates back to the lap chole, is a risk of that surgery? A The incisional hernia was not 10 related to that. 11 Q What was the incision national 12 hernia from? 13 A She had a ventral hernia 14 probably from previous pregnancy, but it 15 was not... 16 MR. GANNON: Not what? Please 17 finish your answer. 18 A (Continuing:) Not correlated. 19 MR. GANNON: Not correlated. 20 Q And so, she nevertheless needed 21 a repair of a hernia. 22 A That is correct. 23 Q And what were the indications 24 for the repair being necessary? 25 A Because she has a huge ventral DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 8 INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023 BERNARD RIMPEL, MD, FACS hernia which was painful to her and also, not cosmetically. Q Not cosmetically? A Good for her. Q Was it reducible? A It was reducible with difficulty. Q Okay. Well, let's define our 10 terms. What does reducible mean? 11 A Reducible means the hernia can 12 be reduced inside the abdominal cavity. 13 Q Does it mean that any organs or 14 intestines that are sticking out in the 15 hernia could be pushed back into place? 16 A Yes. 17 Q Okay. And you said "with 18 difficulty." Were you able to reduce it? 19 A Yes. 20 Q Okay. What did you mean by 21 "with difficulty"? 22 A Some hernias are quite large. 23 You can put your hand and push it back 24 immediately. This one you got to really 25 push a little harder to reduce. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 9 INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 04/24/2023 BERNARD RIMPEL, MD, FACS Q Is one of the reasons you make a repair like this, there's a danger of incarceration? A That is correct. Q Would you tell us what that means. A It means that the whatever is in the hernia sac, which means the organs 10 could be -- get blocked. 11 Q So, for example, frequently 12 what's in there is a piece of intestine? 13 A Could be. 14 Q And if it is, and it is choked 15 off or incarcerated, there's the danger 16 that it will have necrosis; is that 17 correct? 18 A That is correct. 19 Q And that's one of the reasons 20 that this surgery is indicated; is that 21 correct? 22 A That is correct. 23 Q Okay. Did you have a 24 conversation with Minel Johnson in advance 25 of the repair surgery? DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 10 INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023 BERNARD RIMPEL, MD, FACS A Yes, sir. Q Was there an office visit where this was discussed? A Yes. Q Was it a single visit, or more than one? A Probably more than one. Q Do you have office records 10 pertaining to that? 11 A Yes. 12 Q Okay. Can you tell me from 13 those records how many visits there were? 14 A I had one visit in my hand. 15 MR. GANNON: By Counsel, I had 16 handed the Doctor the April 15, 2014 17 visit where this ventral hernia would 18 have been discussed. However, I can 19 hand him a copy of the Advance Care 20 Physicians records, which should be a 21 more complete summary as to the 22 visits. 23 So, if you want to take a look 24 at that, Doctor. 25 MR. DOUGLAS: Yeah. What I'm DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 11 INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023 BERNARD RIMPEL, MD, FACS asking, of course, is over the course of how many visits was the ventral hernia and its repair discussed? MR. GANNON: Okay. Let the Doctor take a look -- MR. DOUGLAS: Be my guest. MR. GANNON: -- at his office visit. 10 (Witness reviewing. ) 11 Q Do you need a few more minutes? 12 We can go off the video? 13 A No. 14 Q Okay. 15 A (Witness reviewing.) I have 16 four visits. 17 How many? 18 Four. 19 Four visits. Okay -- 20 When the hernia was discussed. 21 Q Discussed, okay. And at the 22 beginning of those visits was the hernia 23 pointed out to you, or did you find it 24 yourself while you were examining your 25 patient? DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 12 INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF 04/24/2023 BERNARD RIMPEL, MD, FACS A She -- it was pointed out to me by the patient. Q Okay. And did there come a point in those visits that you proposed to operate? A Yes. Q Was it over the course of the visits, or was there a specific visit? 10 A It was over the course of the 11 visits. 12 Q Okay. And what did you propose 13 to do? 14 A Basically repair the hernia. 15 Q Okay. And did you tell her how 16 that would be done? 17 A Yes. 18 Q What did you tell her? 19 A I explained to her due to the 20 size of the hernia she would need to have 21 the defect closed and put a mesh on top of 22 that. 23 Q Did you tell her what kind of 24 Operation that this would be? Did you tell 25 her whether it would be an open surgery or DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 13 INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178 RECEIVED NYSCEF: 04/24/2023 BERNARD RIMPEL, MD, FACS a laparoscopic surgery? A Open surgery. Q Okay. And is that also related to the size of the hernia? A That is correct. Q And the use of mesh, is that also related to the size of the hernia? A Also correct, sir. 10 Q What did you tell her about the 11 mesh? Specifically did you tell her that 12 the mesh would assist in it, reinforcing 13 the hernia area? 14 A That is correct. I mean, the 15 repair of the hernia. 16 Q Correct. I mean, I agree. 17 During the course of those 18 visits did you -- did there come a point 19 that you and Minel Johnson scheduled an 20 admission and surgery? 21 A Yes. 22 Q And what was the scheduled 23 admission date? 24 A Yes. 5/2/2014. 25 Q And was the operation done that DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 14 INDEX NO. 523101/2016 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM NYSCEF DOC. NO. 178