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2 --------------------------------------------- x
3 In Re:
4 MARTINE CENTER FOR REHABILITATION AND NURSING
5 --------------------------------------------- x
6 December 8, 2020
10:01 a.m.
7
8 DEPOSITION of RAJASEKHAR BUDDHAVARAPU,
9 M.D., taken pursuant to Notice, held virtually
10 through Zoom technology, before Fran Insley,
11 a Notary Public of the States of New York and
12 New Jersey.
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2 A P P E A R A N C E S:
3 NEW YORK STATE ATTORNEY GENERAL
4 1 Blue Hill Plaza
5 P.O. Box 1557
6 Pearl River, New York 10965
7 BY: TODD PETTIGREW, ESQ.
8 HILLARY CHAPMAN, ESQ.
9 ANN WINSLOW, ESQ.
10 todd.pettigrew@ag.ny.gov
11
12 HINMAN STRAUB
13 Attorneys for Witness
14 121 State Street
15 Albany, New York 12207
16 BY: DAVID LUNTZ, ESQ.
17 dluntz@hinmanstraub.com
18
19 ALSO PRESENT:
20 PETER OLSEN, Detective
21 MARGARET WALSH
22 oOo
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2 ----------------- I N D E X -------------------
3 WITNESS EXAMINATION BY PAGE
4 R. Buddhavarapu MR. PETTIGREW 4
5
6 --------------- E X H I B I T S ---------------
7 EXHIBITS DESCRIPTION PAGE
8 EXHIBIT A Attendance directory from 67
9 quality assurance meetings
10 EXHIBIT B Centers Health Covid-19 145
11 Policy
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2 R A J A S E K H A R B U D D H A V A R A P U ,
3 having been first duly sworn by the
4 Notary Public, was examined and
5 testified as follows:
6 MR. PETTIGREW: Good morning,
7 everybody. We are now on the record.
8 Today is December 8, 2020, and the
9 time now is approximately 10:01 in the
10 morning.
11 EXAMINATION BY
12 MR. PETTIGREW:
13 Q. Doctor, could you please state and
14 spell your name for the record?
15 A. Yes. My first name is Rajasekhar,
16 R-A-J-A-S-E-K-H-A-R, and my last name is
17 Buddhavarapu, B-U-D as in David, D as in David,
18 H-A-V-A-R-A-P-U.
19 Q. Thank you, sir.
20 My name's Todd Pettigrew, Doctor.
21 I'm an assistant attorney general in the office
22 of the New York State Attorney General's
23 Office. We're here today conducting this
24 examination remotely, obviously.
25 We're on video, were not in-person,
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2 and that's in order to ensure the health and
3 safety of all the participants due to the
4 coronavirus and related concerns. This
5 examination will be recorded by stenographic
6 means by a court reporter certified to record
7 the deposition in the State of New York, and
8 the exhibits will be presented electronically.
9 MR. PETTIGREW: Mr. Luntz, although
10 the witness is in New York, you are in New
11 York, all of the New York State Attorney
12 Generals' offices are in New York. The
13 court report, who is a New York State
14 certified court reporter is sitting
15 elsewhere at this time. Do you waive any
16 objection to her sitting outside of the
17 State of New York for the purposes of this
18 examination?
19 MR. LUNTZ: No objections.
20 MR. PETTIGREW: Just for the record,
21 I'll state that the defense, or the
22 witness in this case, has no right to a
23 transcript of this examination.
24 Joining us from our office is
25 Assistant Attorney General Hillary
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2 Chapman; Principal Supervising Auditor
3 Investigator Ann Winslow; Detective Peter
4 Olsen; and Medical Analyst Margaret Walsh.
5 Before we move any further, I just
6 want to remind anybody, for the purposes
7 of this interview, please turn off all
8 mobile phones, extra laptops, tablets, any
9 other electronic device that could
10 interrupt the proceeding. Also, I have
11 been told by our electronics team that if
12 you do have a cell phone that sits near
13 your computer, it can cause feedback. So
14 if you have a cell phone, if you're not
15 turning it completely off, if you could
16 just move it away from your computer a few
17 feet and that prevents some of the
18 feedback.
19 This examination is being conducted
20 by the Attorney General State of New York
21 pursuant to Executive Law 6312 and other
22 statutes and regulations.
23 Q. Doctor, before we start your
24 testimony, I'm going to mention a few ground
25 rules: You have the right to an attorney.
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2 Although you do not have a right to an attorney
3 in this examination, the Attorney General's
4 Office permits you to have an attorney present
5 during today's testimony.
6 Anything you say during this
7 examination may be used in a legal proceeding.
8 You have the right to refuse to answer any
9 questions if a truthful answer would tend to
10 incriminate you. Any willful misstatement by
11 you may constitute perjury. And, finally, this
12 investigation is confidential. We request that
13 you do not discuss this matter or your
14 testimony here today and any documents that you
15 reviewed or were produced or may be produced in
16 connection with today's testimony with any
17 other person other than your attorneys.
18 Now, do you understand that, Doctor?
19 A. I do.
20 Q. A few other instructions that will
21 help this examination go smoothly as possible:
22 In order for the court reporter to create a
23 clear record, please answer the questions
24 verbally, 'cause obviously the court reporter
25 cannot record nonverbal gestures such as
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2 nodding or shaking your head. Let me finish
3 each question before you begin your answer and
4 I will certainly do the same; I will let you
5 answer the question before I start my next
6 question. If you feel you need to take a
7 break, Doctor, let us know, but if there's a
8 pending question we'll just have an answer to
9 that last question and then we'll certainly
10 allow a break to take place. If you don't hear
11 a question, please let me know and I'll repeat
12 it. If you do not understand a question,
13 please let me know and I will repeat it or try
14 to rephrase it if it's appropriate. If you
15 answer a question, then I or anyone reading
16 this transcript will assume that you understood
17 the question. Do you understand that?
18 A. (No response).
19 Q. Yes?
20 A. Yes.
21 Q. Thank you, sir.
22 Sometimes you may give an answer as
23 completely as you can and then late remember
24 additional information. If that happens to
25 you, please tell me that you would like to add
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2 something to an earlier answer and we will do
3 it right then while your mind is still on it.
4 Do you understand that?
5 A. Yes.
6 Q. In addition, it might occur to you
7 at some point that a previous answer you gave
8 was not completely accurate. If that happens,
9 will you tell me so we can make any necessary
10 corrections to your answers?
11 A. Yes.
12 Q. Thank you, sir.
13 Doctor, have you consumed any
14 alcohol or taken any drugs or medication prior
15 to testifying today or have any condition that
16 could prevent you from giving full, complete
17 and truthful answers to my questions today?
18 A. No.
19 Q. Okay, good. I've been asking that
20 many, many times in my career, Doctor. I've
21 never gotten a yes so far.
22 Is there any other reason you could
23 not provide your best and most accurate
24 testimony today?
25 A. Repeat that, please.
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2 Q. Sure. Is there any other reason why
3 you could not provide your best and most
4 accurate testimony today?
5 A. No.
6 MR. PETTIGREW: Mr. Luntz, could you
7 put your appearance on the record for us?
8 MR. LUNTZ: Sure. David Luntz,
9 l-U-N-T-Z, from Hinman Straub, 121 State
10 Street, Albany, New York, on behalf of the
11 witness and Martine Center.
12 MR. PETTIGREW: Thank you, sir.
13 Q. And, Doctor, you're currently
14 present in New York State; is that correct?
15 A. Correct.
16 Q. As we take this video deposition or
17 this video examination?
18 A. Yes.
19 Q. And, Doctor, unless on a break there
20 should not be any communication with anybody
21 else, including your attorney, including visual
22 cues or any other attempts to communicate.
23 Certainly if you need a break we will offer
24 that to you. Other than Mr. Luntz today,
25 there's no nobody else in the room with you; is
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2 that correct?
3 A. No.
4 Q. Please, if during the examination
5 anybody comes into the room where you are,
6 please let us know so we can stop the
7 examination. Could you do that for us, sir?
8 A. Okay. If you give me a second, I'll
9 lock the front door. I'm in the office all by
10 myself.
11 Q. If you feel that's necessary, you
12 can do that, sir.
13 A. (Witness leaves the room). Yes.
14 Q. Are you all set, Doctor?
15 A. I'm all set.
16 Q. Okay. And lastly, that neither side
17 is going to record this examination in any
18 fashion; any photographs, any video recording
19 or any portion of the examination. Do you
20 understand that, Doctor?
21 A. Yes.
22 Q. Do you have any questions for me
23 prior to starting the examination?
24 A. No.
25 Q. Doctor, have you ever testified or
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2 been deposed prior to this?
3 A. This is my first time.
4 Q. Have you ever appeared in court as a
5 witness?
6 A. No.
7 Q. Have you ever been sued in relation
8 to your practice of medicine?
9 A. I was co-defendant in a case at a
10 nursing home. Still pending.
11 Q. What nursing home was that?
12 A. Sprain Brook Manor.
13 Q. And what is your role at Sprain
14 Brook Manor?
15 A. I was attending physician of the
16 patient.
17 Q. And when did this incident that you
18 are being sued for occur?
19 A. It was actually suit against Sprain
20 Brook Manor Nursing Home and I was also named
21 as co-defendant.
22 Q. Can you tell us what --
23 A. May 2015.
24 Q. Doctor, can you tell us, what did
25 that suit allege?
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2 A. So the patient is a 92-year-old
3 woman who fell in the nursing home, was
4 transferred to the hospital, and from there she
5 got discharged and passed away after four, five
6 months or so, and the suit was against the
7 nursing home that she fell there and I was the
8 attending on the case.
9 Q. You were named as a defendant in
10 that case?
11 A. Yes.
12 Q. You were never questioned in regards
13 to that case?
14 A. No.
15 Q. Who was -- sorry, go ahead, Doctor.
16 A. It's okay.
17 Q. Doctor, I'll repeat the question.
18 Who is suing the home and you in that case?
19 A. The patient's son.
20 Q. Doctor, did you talk to anybody
21 about your testimony here today prior to
22 coming?
23 A. To David.
24 Q. So you talked to your attorney prior
25 to speaking today. Did you talk about your
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2 examination today with anybody else other than
3 your attorney?
4 A. No.
5 Q. Did you speak to anybody at Martine
6 Center about your necessity to come here today
7 to be a part of this examination?
8 A. I did.
9 Q. Who did you speak to?
10 A. I spoke to the administrator.
11 Q. Who is the administrator?
12 A. Mr. Shragi Weicz.
13 Q. What did you say to Mr. Weicz?
14 A. That there was a deposition and I
15 don't know much about it.
16 Q. What did he say to you?
17 A. Good luck.
18 Q. Did he say anything else regarding
19 your testimony here today?
20 A. No.
21 Q. Did you review any documents prior
22 to appearing for this examination today?
23 A. No.
24 MR. LUNTZ: Todd, before you go
25 further, I didn't see any exhibits. Did
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2 you forward any exhibits that you plan to
3 use today?
4 MR. PETTIGREW: I did not forward
5 any exhibits.
6 MR. LUNTZ: Typically we get them
7 the day before in these examinations. Are
8 you planning on introducing any exhibits?
9 MR. PETTIGREW: That depends on the
10 answers that the doctor provides. There
11 might be none, there might be exhibits.
12 MR. LUNTZ: Okay.
13 Q. Doctor, did you do anything else to
14 prepare for your examination here today?
15 A. Yes.
16 Q. What else did you do?
17 A. I went over the whole thing in my
18 mind, and just went through the --
19 Q. When you say went over things in
20 your mind, what did you go over?
21 A. What we did, how it started, what
22 happened, how we worked, and it was very
23 traumatic.
24 Q. What was very traumatic?
25 A. The whole Covidness.
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2 Q. Doctor, could you tell us what is
3 your educational background?
4 A. I am -- I did my medical school in
5 Osmania Medical College in India, Osmania
6 Medical College, and then I did my residency in
7 psychiatry at -- one year -- first year of
8 psychiatry in Brookdale Hospital in New York,
9 in Brooklyn. And one year of internal medicine
10 at Brookdale Hospital, Brooklyn. Then two
11 years of internal medicine in NYU Downtown
12 Hospital in Manhattan. Then geriatric and
13 palliative care fellowship in Flushing Hospital
14 in Flushing, Queens.
15 Q. Doctor, what licenses do you
16 currently hold?
17 A. I hold a license for New York State.
18 Q. A medical license?
19 A. Correct.
20 Q. Do you have any certifications?
21 A. I'm board certified in geriatrics.
22 Q. And where have you practiced?
23 A. Okay. My first -- right after my
24 fellowship I started as Chief Division of
25 Geriatrics at New York Downtown Hospital
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2 starting 2005, and starting 2011 I was Director
3 of Geriatrics and Palliative Care at White
4 Plains Hospital, and currently I'm the Medical
5 Director at Martine Center, and I also have a
6 private practice.
7 Q. Where is your private practice
8 located, Doctor?
9 A. 11 North Street, White Plains.
10 Q. How many hours a week do you put
11 into your private practice generally?
12 A. Twenty.
13 Q. How many hours a week do you put
14 into your role as a medical director at the
15 Martine Center?
16 A. It's a full 40.
17 Q. Excuse me?
18 A. Forty, four zero.
19 Q. Forty hours a week?
20 A. Yes.
21 Q. And you touched on it briefly there
22 for a moment, Doctor. You had roles at other
23 nursing homes or long-term care facilities
24 prior to Martine?
25 A. I have a long list.
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2 Q. Can you tell us again, other than
3 Martine, what nursing homes or long-term care
4 facilities you've had an association with?
5 A. It is a long list. The first one
6 was Parkview Nursing Home in Brooklyn. Sprain
7 Brook Manor, Sutton Park, Dumont, Enclave,
8 Briarcliff Manor. That's what I can remember.
9 Q. Were you the medical director at all
10 those facilities?
11 A. No. I was the medical director at
12 Briarcliff Manor and Martine.
13 Q. And at the other locations you were
14 the attending physician?
15 A. One of the attending physicians,
16 yes.
17 Q. Doctor, your role at Martine Center
18 currently is what?
19 A. Both administrative and clinical.
20 Medical director and also patient care,
21 director of patient care.
22 Q. So you are both the attending
23 physician and the medical director at Martine.
24 And how long have you held those positions?
25 A. I was there since 2017.
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2 Q. And when you first started in 2017,
3 you started at Martine Center as the medical
4 director and the attending physician?
5 A. Correct. Getting back to the
6 question, I forgot to mention Beth Abraham
7 Nursing Home as well.
8 Q. You said Beth Abraham?
9 A. Yes.
10 Q. And what was your role there?
11 A. Attending physician.
12 Q. Doctor, when was the last time you
13 saw ?
14 A. I don't remember, but I was very
15 closely working with her until the day she had
16 to leave because she was sick, and I was the
17 one who told her to leave the facility and get
18 some rest.
19 Q. You saw her in the facility her last
20 day?
21 A. Yes.
22 Q. Did you ever communicate with her
23 after that?
24 A. No.
25 Q. You never spoke to her after that?
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2 A. No.
3 Q. You never had a telephone call with
4 her after that?
5 A. No.
6 Q. Did you try to visit her in the
7 hospital?
8 A. I tried to visit in the hospital but
9 I couldn't.
10 Q. Did you ever exchange text messages
11 with her --
12 A. No.
13 Q. -- after she left?
14 A. No.
15 Q. Doctor -- go ahead.
16 A. She was hospitalized after she left,
17 so.
18 Q. Doctor, through the Covid-19
19 pandemic, was Martine Center a well-run
20 facility, in your opinion?
21 A. Please repeat.
22 Q. Through the Covid-19 pandemic in
23 March, April, May and June of this year, was
24 the Martine Center a well-run facility, in your
25 opinion?
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2 A. In my opinion it was very well-run.
3 Q. Prior to the Covid pandemic, prior
4 to March of 2020, was Martine Center a well-run
5 facility?
6 A. Yes.
7 Q. Doctor, can you tell us a little bit
8 about the Martine Center? Where is it located?
9 A. It's called Tibbits Avenue in White
10 Plains.
11 Q. How many beds does Martine Center
12 have?
13 A. Two hundred.
14 Q. And what is the current census now
15 at the Martine Center?
16 A. I think around 145.
17 Q. And prior to the Covid pandemic
18 hitting in March of 2020, what was the average
19 census?
20 A. It was up high, around 185 to 190,
21 near full.
22 Q. Near full, near capacity?
23 A. Near capacity.
24 Q. And during the Covid pandemic, do
25 you know, Doctor, what was the lowest census
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2 you had?
3 A. I don't know.
4 Q. How many units does the Martine
5 Center have?
6 A. Five.
7 Q. How many beds are in each unit?
8 A. Forty.
9 Q. Can you until us what types of units
10 they are?
11 A. There is one acute -- I mean
12 subacute rehab unit. Most of them are
13 long-term care.
14 Q. Can you tell us --
15 A. And one is dementia unit.
16 Q. Doctor, Martine is a six-floor
17 facility; is that correct?
18 A. Yes.
19 Q. The second floor, what unit is on
20 the second floor?
21 A. Long-term care.
22 Q. What unit is on the third floor?
23 A. Same, long-term care.
24 Q. What unit is on the fourth floor?
25 A. Dementia.
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2 Q. And the dementia unit has 40 beds?
3 A. Forty beds.
4 Q. What unit is on the fifth floor?
5 A. It's a mix between long-term care
6 and subacute. Sometimes it spills over between
7 fifth and six.
8 Q. And what unit is on the six floor?
9 A. Subacute.
10 Q. Doctor, how did you go about getting
11 the job at the Martine Center?
12 A. I was approached by Centers to
13 participate -- as to join the team as attending
14 physician at Beth Abraham, and I was taking
15 care of two floors there. Then they asked me
16 if I would take up the medical director
17 position at Martine Center.
18 Q. Who asked you?
19 A. The administration operation, Mr.
20 Nissan Friedman.
21 Q. Nissan is N-I-S-S-A-N?
22 A. Correct.
23 Q. Doctor, do you have a contract with
24 the Martine Center?
25 A. Yes.
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2 Q. Is that contract with Martine Center
3 or is that contract with Centers Health?
4 A. Centers Health.
5 Q. Centers Health is the ownership
6 group that owns the Martine Center; is that
7 correct?
8 A. Correct.
9 Q. Can you tell us what are the terms
10 of your contract?
11 A. I don't remember. I mean, what is
12 the main policy of my job responsibility or
13 what is it in the contract you want to know?
14 Q. Well, I would like to know the terms
15 of the contract, Doctor. Does the contract
16 state what your responsibilities are as medical
17 director and attending physician?
18 A. Yes.
19 Q. Can you tell us what those are?
20 A. Medical director responsibilities
21 are towards maintaining proper procedures and
22 policies according to the regulations of the
23 Department of Health as a clinician to provide
24 utmost care for the patients, take care of the
25 patients in standard clinical practice. It's a
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2 compensation as a salary. And in terms of
3 termination, I have to give one-month notice
4 either way, and with any significant default
5 from me, it would be an immediate termination.
6 Q. Doctor, does your contract state
7 what days you should be working?
8 A. It states that I should be -- I'm
9 full-time.
10 Q. What does full-time mean?
11 A. Monday through Friday and weekend
12 coverage on the phone.
13 Q. Does it state how many hours you
14 need to work a week?
15 A. No.
16 Q. You said it states your salary?
17 A. Yes.
18 Q. Does it also give you bonuses?
19 A. No. CME, [inaudible], an offer for
20 taking their insurance policy, malpractice,
21 which I did not. I have my own malpractice.
22 Q. I'm sorry, I missed that answer.
23 Can you just repeat that for me?
24 A. There are benefits for continuous --
25 continued medical education, and medical
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2 practice, medical liability and health
3 insurance offered. I have my own health
4 insurance through my wife, and my -- I have my
5 own medical liability insurance, so I did not
6 take theirs.
7 Q. Doctor, does it provide you any
8 bonuses for things such as the census in the
9 facility?
10 A. No.
11 Q. Do you get a bonus for the number of
12 hospitalizations that take place?
13 A. No.
14 Q. There are no bonuses based on the
15 care of the residents in your contract?
16 A. No.
17 Q. Have you ever received a bonus for
18 such?
19 A. I received a thousand dollars for my
20 first stint during Covid. Right after the
21 Covid I got a thousand dollars bonus check for
22 my efforts.
23 Q. What did you receive that bonus
24 check for?
25 A. For my efforts during Covid.
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2 Q. I'm sorry, Doctor. Did you say for
3 your work during Covid?
4 MR. LUNTZ: His efforts.
5 MR. PETTIGREW: Oh, his efforts
6 during Covid, okay.
7 Q. Doctor, you mentioned currently
8 you're employed at the Martine Center and the
9 only other medical practice you're involved in
10 is your private practice currently, correct?
11 A. Correct.
12 Q. Is that the same as was in March,
13 April and May and June of this year?
14 A. Yes.
15 Q. You said you worked at The Enclave
16 in the past, Doctor?
17 A. Yes.
18 Q. Are you currently employed by The
19 Enclave?
20 A. No.
21 Q. Were you employed by The Enclave
22 during the Covid pandemic earlier this year?
23 A. No.
24 Q. When did your employment with The
25 Enclave terminate?
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FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 1 1 2 --------------------------------------------- x 3 In Re: 4 MARTINE CENTER FOR REHABILITATION AND NURSING 5 --------------------------------------------- x 6 December 8, 2020 10:01 a.m. 7 8 DEPOSITION of RAJASEKHAR BUDDHAVARAPU, 9 M.D., taken pursuant to Notice, held virtually 10 through Zoom technology, before Fran Insley, 11 a Notary Public of the States of New York and 12 New Jersey. 13 14 15 16 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 2 1 2 A P P E A R A N C E S: 3 NEW YORK STATE ATTORNEY GENERAL 4 1 Blue Hill Plaza 5 P.O. Box 1557 6 Pearl River, New York 10965 7 BY: TODD PETTIGREW, ESQ. 8 HILLARY CHAPMAN, ESQ. 9 ANN WINSLOW, ESQ. 10 todd.pettigrew@ag.ny.gov 11 12 HINMAN STRAUB 13 Attorneys for Witness 14 121 State Street 15 Albany, New York 12207 16 BY: DAVID LUNTZ, ESQ. 17 dluntz@hinmanstraub.com 18 19 ALSO PRESENT: 20 PETER OLSEN, Detective 21 MARGARET WALSH 22 oOo 23 24 25 Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 3 1 2 ----------------- I N D E X ------------------- 3 WITNESS EXAMINATION BY PAGE 4 R. Buddhavarapu MR. PETTIGREW 4 5 6 --------------- E X H I B I T S --------------- 7 EXHIBITS DESCRIPTION PAGE 8 EXHIBIT A Attendance directory from 67 9 quality assurance meetings 10 EXHIBIT B Centers Health Covid-19 145 11 Policy 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 4 1 Buddhavarapu 2 R A J A S E K H A R B U D D H A V A R A P U , 3 having been first duly sworn by the 4 Notary Public, was examined and 5 testified as follows: 6 MR. PETTIGREW: Good morning, 7 everybody. We are now on the record. 8 Today is December 8, 2020, and the 9 time now is approximately 10:01 in the 10 morning. 11 EXAMINATION BY 12 MR. PETTIGREW: 13 Q. Doctor, could you please state and 14 spell your name for the record? 15 A. Yes. My first name is Rajasekhar, 16 R-A-J-A-S-E-K-H-A-R, and my last name is 17 Buddhavarapu, B-U-D as in David, D as in David, 18 H-A-V-A-R-A-P-U. 19 Q. Thank you, sir. 20 My name's Todd Pettigrew, Doctor. 21 I'm an assistant attorney general in the office 22 of the New York State Attorney General's 23 Office. We're here today conducting this 24 examination remotely, obviously. 25 We're on video, were not in-person, Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 5 1 Buddhavarapu 2 and that's in order to ensure the health and 3 safety of all the participants due to the 4 coronavirus and related concerns. This 5 examination will be recorded by stenographic 6 means by a court reporter certified to record 7 the deposition in the State of New York, and 8 the exhibits will be presented electronically. 9 MR. PETTIGREW: Mr. Luntz, although 10 the witness is in New York, you are in New 11 York, all of the New York State Attorney 12 Generals' offices are in New York. The 13 court report, who is a New York State 14 certified court reporter is sitting 15 elsewhere at this time. Do you waive any 16 objection to her sitting outside of the 17 State of New York for the purposes of this 18 examination? 19 MR. LUNTZ: No objections. 20 MR. PETTIGREW: Just for the record, 21 I'll state that the defense, or the 22 witness in this case, has no right to a 23 transcript of this examination. 24 Joining us from our office is 25 Assistant Attorney General Hillary Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 6 1 Buddhavarapu 2 Chapman; Principal Supervising Auditor 3 Investigator Ann Winslow; Detective Peter 4 Olsen; and Medical Analyst Margaret Walsh. 5 Before we move any further, I just 6 want to remind anybody, for the purposes 7 of this interview, please turn off all 8 mobile phones, extra laptops, tablets, any 9 other electronic device that could 10 interrupt the proceeding. Also, I have 11 been told by our electronics team that if 12 you do have a cell phone that sits near 13 your computer, it can cause feedback. So 14 if you have a cell phone, if you're not 15 turning it completely off, if you could 16 just move it away from your computer a few 17 feet and that prevents some of the 18 feedback. 19 This examination is being conducted 20 by the Attorney General State of New York 21 pursuant to Executive Law 6312 and other 22 statutes and regulations. 23 Q. Doctor, before we start your 24 testimony, I'm going to mention a few ground 25 rules: You have the right to an attorney. Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 7 1 Buddhavarapu 2 Although you do not have a right to an attorney 3 in this examination, the Attorney General's 4 Office permits you to have an attorney present 5 during today's testimony. 6 Anything you say during this 7 examination may be used in a legal proceeding. 8 You have the right to refuse to answer any 9 questions if a truthful answer would tend to 10 incriminate you. Any willful misstatement by 11 you may constitute perjury. And, finally, this 12 investigation is confidential. We request that 13 you do not discuss this matter or your 14 testimony here today and any documents that you 15 reviewed or were produced or may be produced in 16 connection with today's testimony with any 17 other person other than your attorneys. 18 Now, do you understand that, Doctor? 19 A. I do. 20 Q. A few other instructions that will 21 help this examination go smoothly as possible: 22 In order for the court reporter to create a 23 clear record, please answer the questions 24 verbally, 'cause obviously the court reporter 25 cannot record nonverbal gestures such as Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 8 1 Buddhavarapu 2 nodding or shaking your head. Let me finish 3 each question before you begin your answer and 4 I will certainly do the same; I will let you 5 answer the question before I start my next 6 question. If you feel you need to take a 7 break, Doctor, let us know, but if there's a 8 pending question we'll just have an answer to 9 that last question and then we'll certainly 10 allow a break to take place. If you don't hear 11 a question, please let me know and I'll repeat 12 it. If you do not understand a question, 13 please let me know and I will repeat it or try 14 to rephrase it if it's appropriate. If you 15 answer a question, then I or anyone reading 16 this transcript will assume that you understood 17 the question. Do you understand that? 18 A. (No response). 19 Q. Yes? 20 A. Yes. 21 Q. Thank you, sir. 22 Sometimes you may give an answer as 23 completely as you can and then late remember 24 additional information. If that happens to 25 you, please tell me that you would like to add Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 9 1 Buddhavarapu 2 something to an earlier answer and we will do 3 it right then while your mind is still on it. 4 Do you understand that? 5 A. Yes. 6 Q. In addition, it might occur to you 7 at some point that a previous answer you gave 8 was not completely accurate. If that happens, 9 will you tell me so we can make any necessary 10 corrections to your answers? 11 A. Yes. 12 Q. Thank you, sir. 13 Doctor, have you consumed any 14 alcohol or taken any drugs or medication prior 15 to testifying today or have any condition that 16 could prevent you from giving full, complete 17 and truthful answers to my questions today? 18 A. No. 19 Q. Okay, good. I've been asking that 20 many, many times in my career, Doctor. I've 21 never gotten a yes so far. 22 Is there any other reason you could 23 not provide your best and most accurate 24 testimony today? 25 A. Repeat that, please. Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 10 1 Buddhavarapu 2 Q. Sure. Is there any other reason why 3 you could not provide your best and most 4 accurate testimony today? 5 A. No. 6 MR. PETTIGREW: Mr. Luntz, could you 7 put your appearance on the record for us? 8 MR. LUNTZ: Sure. David Luntz, 9 l-U-N-T-Z, from Hinman Straub, 121 State 10 Street, Albany, New York, on behalf of the 11 witness and Martine Center. 12 MR. PETTIGREW: Thank you, sir. 13 Q. And, Doctor, you're currently 14 present in New York State; is that correct? 15 A. Correct. 16 Q. As we take this video deposition or 17 this video examination? 18 A. Yes. 19 Q. And, Doctor, unless on a break there 20 should not be any communication with anybody 21 else, including your attorney, including visual 22 cues or any other attempts to communicate. 23 Certainly if you need a break we will offer 24 that to you. Other than Mr. Luntz today, 25 there's no nobody else in the room with you; is Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 11 1 Buddhavarapu 2 that correct? 3 A. No. 4 Q. Please, if during the examination 5 anybody comes into the room where you are, 6 please let us know so we can stop the 7 examination. Could you do that for us, sir? 8 A. Okay. If you give me a second, I'll 9 lock the front door. I'm in the office all by 10 myself. 11 Q. If you feel that's necessary, you 12 can do that, sir. 13 A. (Witness leaves the room). Yes. 14 Q. Are you all set, Doctor? 15 A. I'm all set. 16 Q. Okay. And lastly, that neither side 17 is going to record this examination in any 18 fashion; any photographs, any video recording 19 or any portion of the examination. Do you 20 understand that, Doctor? 21 A. Yes. 22 Q. Do you have any questions for me 23 prior to starting the examination? 24 A. No. 25 Q. Doctor, have you ever testified or Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 12 1 Buddhavarapu 2 been deposed prior to this? 3 A. This is my first time. 4 Q. Have you ever appeared in court as a 5 witness? 6 A. No. 7 Q. Have you ever been sued in relation 8 to your practice of medicine? 9 A. I was co-defendant in a case at a 10 nursing home. Still pending. 11 Q. What nursing home was that? 12 A. Sprain Brook Manor. 13 Q. And what is your role at Sprain 14 Brook Manor? 15 A. I was attending physician of the 16 patient. 17 Q. And when did this incident that you 18 are being sued for occur? 19 A. It was actually suit against Sprain 20 Brook Manor Nursing Home and I was also named 21 as co-defendant. 22 Q. Can you tell us what -- 23 A. May 2015. 24 Q. Doctor, can you tell us, what did 25 that suit allege? Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 13 1 Buddhavarapu 2 A. So the patient is a 92-year-old 3 woman who fell in the nursing home, was 4 transferred to the hospital, and from there she 5 got discharged and passed away after four, five 6 months or so, and the suit was against the 7 nursing home that she fell there and I was the 8 attending on the case. 9 Q. You were named as a defendant in 10 that case? 11 A. Yes. 12 Q. You were never questioned in regards 13 to that case? 14 A. No. 15 Q. Who was -- sorry, go ahead, Doctor. 16 A. It's okay. 17 Q. Doctor, I'll repeat the question. 18 Who is suing the home and you in that case? 19 A. The patient's son. 20 Q. Doctor, did you talk to anybody 21 about your testimony here today prior to 22 coming? 23 A. To David. 24 Q. So you talked to your attorney prior 25 to speaking today. Did you talk about your Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 14 1 Buddhavarapu 2 examination today with anybody else other than 3 your attorney? 4 A. No. 5 Q. Did you speak to anybody at Martine 6 Center about your necessity to come here today 7 to be a part of this examination? 8 A. I did. 9 Q. Who did you speak to? 10 A. I spoke to the administrator. 11 Q. Who is the administrator? 12 A. Mr. Shragi Weicz. 13 Q. What did you say to Mr. Weicz? 14 A. That there was a deposition and I 15 don't know much about it. 16 Q. What did he say to you? 17 A. Good luck. 18 Q. Did he say anything else regarding 19 your testimony here today? 20 A. No. 21 Q. Did you review any documents prior 22 to appearing for this examination today? 23 A. No. 24 MR. LUNTZ: Todd, before you go 25 further, I didn't see any exhibits. Did Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 15 1 Buddhavarapu 2 you forward any exhibits that you plan to 3 use today? 4 MR. PETTIGREW: I did not forward 5 any exhibits. 6 MR. LUNTZ: Typically we get them 7 the day before in these examinations. Are 8 you planning on introducing any exhibits? 9 MR. PETTIGREW: That depends on the 10 answers that the doctor provides. There 11 might be none, there might be exhibits. 12 MR. LUNTZ: Okay. 13 Q. Doctor, did you do anything else to 14 prepare for your examination here today? 15 A. Yes. 16 Q. What else did you do? 17 A. I went over the whole thing in my 18 mind, and just went through the -- 19 Q. When you say went over things in 20 your mind, what did you go over? 21 A. What we did, how it started, what 22 happened, how we worked, and it was very 23 traumatic. 24 Q. What was very traumatic? 25 A. The whole Covidness. Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 16 1 Buddhavarapu 2 Q. Doctor, could you tell us what is 3 your educational background? 4 A. I am -- I did my medical school in 5 Osmania Medical College in India, Osmania 6 Medical College, and then I did my residency in 7 psychiatry at -- one year -- first year of 8 psychiatry in Brookdale Hospital in New York, 9 in Brooklyn. And one year of internal medicine 10 at Brookdale Hospital, Brooklyn. Then two 11 years of internal medicine in NYU Downtown 12 Hospital in Manhattan. Then geriatric and 13 palliative care fellowship in Flushing Hospital 14 in Flushing, Queens. 15 Q. Doctor, what licenses do you 16 currently hold? 17 A. I hold a license for New York State. 18 Q. A medical license? 19 A. Correct. 20 Q. Do you have any certifications? 21 A. I'm board certified in geriatrics. 22 Q. And where have you practiced? 23 A. Okay. My first -- right after my 24 fellowship I started as Chief Division of 25 Geriatrics at New York Downtown Hospital Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 17 1 Buddhavarapu 2 starting 2005, and starting 2011 I was Director 3 of Geriatrics and Palliative Care at White 4 Plains Hospital, and currently I'm the Medical 5 Director at Martine Center, and I also have a 6 private practice. 7 Q. Where is your private practice 8 located, Doctor? 9 A. 11 North Street, White Plains. 10 Q. How many hours a week do you put 11 into your private practice generally? 12 A. Twenty. 13 Q. How many hours a week do you put 14 into your role as a medical director at the 15 Martine Center? 16 A. It's a full 40. 17 Q. Excuse me? 18 A. Forty, four zero. 19 Q. Forty hours a week? 20 A. Yes. 21 Q. And you touched on it briefly there 22 for a moment, Doctor. You had roles at other 23 nursing homes or long-term care facilities 24 prior to Martine? 25 A. I have a long list. Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 18 1 Buddhavarapu 2 Q. Can you tell us again, other than 3 Martine, what nursing homes or long-term care 4 facilities you've had an association with? 5 A. It is a long list. The first one 6 was Parkview Nursing Home in Brooklyn. Sprain 7 Brook Manor, Sutton Park, Dumont, Enclave, 8 Briarcliff Manor. That's what I can remember. 9 Q. Were you the medical director at all 10 those facilities? 11 A. No. I was the medical director at 12 Briarcliff Manor and Martine. 13 Q. And at the other locations you were 14 the attending physician? 15 A. One of the attending physicians, 16 yes. 17 Q. Doctor, your role at Martine Center 18 currently is what? 19 A. Both administrative and clinical. 20 Medical director and also patient care, 21 director of patient care. 22 Q. So you are both the attending 23 physician and the medical director at Martine. 24 And how long have you held those positions? 25 A. I was there since 2017. Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 19 1 Buddhavarapu 2 Q. And when you first started in 2017, 3 you started at Martine Center as the medical 4 director and the attending physician? 5 A. Correct. Getting back to the 6 question, I forgot to mention Beth Abraham 7 Nursing Home as well. 8 Q. You said Beth Abraham? 9 A. Yes. 10 Q. And what was your role there? 11 A. Attending physician. 12 Q. Doctor, when was the last time you 13 saw ? 14 A. I don't remember, but I was very 15 closely working with her until the day she had 16 to leave because she was sick, and I was the 17 one who told her to leave the facility and get 18 some rest. 19 Q. You saw her in the facility her last 20 day? 21 A. Yes. 22 Q. Did you ever communicate with her 23 after that? 24 A. No. 25 Q. You never spoke to her after that? Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 20 1 Buddhavarapu 2 A. No. 3 Q. You never had a telephone call with 4 her after that? 5 A. No. 6 Q. Did you try to visit her in the 7 hospital? 8 A. I tried to visit in the hospital but 9 I couldn't. 10 Q. Did you ever exchange text messages 11 with her -- 12 A. No. 13 Q. -- after she left? 14 A. No. 15 Q. Doctor -- go ahead. 16 A. She was hospitalized after she left, 17 so. 18 Q. Doctor, through the Covid-19 19 pandemic, was Martine Center a well-run 20 facility, in your opinion? 21 A. Please repeat. 22 Q. Through the Covid-19 pandemic in 23 March, April, May and June of this year, was 24 the Martine Center a well-run facility, in your 25 opinion? Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 21 1 Buddhavarapu 2 A. In my opinion it was very well-run. 3 Q. Prior to the Covid pandemic, prior 4 to March of 2020, was Martine Center a well-run 5 facility? 6 A. Yes. 7 Q. Doctor, can you tell us a little bit 8 about the Martine Center? Where is it located? 9 A. It's called Tibbits Avenue in White 10 Plains. 11 Q. How many beds does Martine Center 12 have? 13 A. Two hundred. 14 Q. And what is the current census now 15 at the Martine Center? 16 A. I think around 145. 17 Q. And prior to the Covid pandemic 18 hitting in March of 2020, what was the average 19 census? 20 A. It was up high, around 185 to 190, 21 near full. 22 Q. Near full, near capacity? 23 A. Near capacity. 24 Q. And during the Covid pandemic, do 25 you know, Doctor, what was the lowest census Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 22 1 Buddhavarapu 2 you had? 3 A. I don't know. 4 Q. How many units does the Martine 5 Center have? 6 A. Five. 7 Q. How many beds are in each unit? 8 A. Forty. 9 Q. Can you until us what types of units 10 they are? 11 A. There is one acute -- I mean 12 subacute rehab unit. Most of them are 13 long-term care. 14 Q. Can you tell us -- 15 A. And one is dementia unit. 16 Q. Doctor, Martine is a six-floor 17 facility; is that correct? 18 A. Yes. 19 Q. The second floor, what unit is on 20 the second floor? 21 A. Long-term care. 22 Q. What unit is on the third floor? 23 A. Same, long-term care. 24 Q. What unit is on the fourth floor? 25 A. Dementia. Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 23 1 Buddhavarapu 2 Q. And the dementia unit has 40 beds? 3 A. Forty beds. 4 Q. What unit is on the fifth floor? 5 A. It's a mix between long-term care 6 and subacute. Sometimes it spills over between 7 fifth and six. 8 Q. And what unit is on the six floor? 9 A. Subacute. 10 Q. Doctor, how did you go about getting 11 the job at the Martine Center? 12 A. I was approached by Centers to 13 participate -- as to join the team as attending 14 physician at Beth Abraham, and I was taking 15 care of two floors there. Then they asked me 16 if I would take up the medical director 17 position at Martine Center. 18 Q. Who asked you? 19 A. The administration operation, Mr. 20 Nissan Friedman. 21 Q. Nissan is N-I-S-S-A-N? 22 A. Correct. 23 Q. Doctor, do you have a contract with 24 the Martine Center? 25 A. Yes. Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 24 1 Buddhavarapu 2 Q. Is that contract with Martine Center 3 or is that contract with Centers Health? 4 A. Centers Health. 5 Q. Centers Health is the ownership 6 group that owns the Martine Center; is that 7 correct? 8 A. Correct. 9 Q. Can you tell us what are the terms 10 of your contract? 11 A. I don't remember. I mean, what is 12 the main policy of my job responsibility or 13 what is it in the contract you want to know? 14 Q. Well, I would like to know the terms 15 of the contract, Doctor. Does the contract 16 state what your responsibilities are as medical 17 director and attending physician? 18 A. Yes. 19 Q. Can you tell us what those are? 20 A. Medical director responsibilities 21 are towards maintaining proper procedures and 22 policies according to the regulations of the 23 Department of Health as a clinician to provide 24 utmost care for the patients, take care of the 25 patients in standard clinical practice. It's a Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 25 1 Buddhavarapu 2 compensation as a salary. And in terms of 3 termination, I have to give one-month notice 4 either way, and with any significant default 5 from me, it would be an immediate termination. 6 Q. Doctor, does your contract state 7 what days you should be working? 8 A. It states that I should be -- I'm 9 full-time. 10 Q. What does full-time mean? 11 A. Monday through Friday and weekend 12 coverage on the phone. 13 Q. Does it state how many hours you 14 need to work a week? 15 A. No. 16 Q. You said it states your salary? 17 A. Yes. 18 Q. Does it also give you bonuses? 19 A. No. CME, [inaudible], an offer for 20 taking their insurance policy, malpractice, 21 which I did not. I have my own malpractice. 22 Q. I'm sorry, I missed that answer. 23 Can you just repeat that for me? 24 A. There are benefits for continuous -- 25 continued medical education, and medical Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 26 1 Buddhavarapu 2 practice, medical liability and health 3 insurance offered. I have my own health 4 insurance through my wife, and my -- I have my 5 own medical liability insurance, so I did not 6 take theirs. 7 Q. Doctor, does it provide you any 8 bonuses for things such as the census in the 9 facility? 10 A. No. 11 Q. Do you get a bonus for the number of 12 hospitalizations that take place? 13 A. No. 14 Q. There are no bonuses based on the 15 care of the residents in your contract? 16 A. No. 17 Q. Have you ever received a bonus for 18 such? 19 A. I received a thousand dollars for my 20 first stint during Covid. Right after the 21 Covid I got a thousand dollars bonus check for 22 my efforts. 23 Q. What did you receive that bonus 24 check for? 25 A. For my efforts during Covid. Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 06/28/2023 Page 27 1 Buddhavarapu 2 Q. I'm sorry, Doctor. Did you say for 3 your work during Covid? 4 MR. LUNTZ: His efforts. 5 MR. PETTIGREW: Oh, his efforts 6 during Covid, okay. 7 Q. Doctor, you mentioned currently 8 you're employed at the Martine Center and the 9 only other medical practice you're involved in 10 is your private practice currently, correct? 11 A. Correct. 12 Q. Is that the same as was in March, 13 April and May and June of this year? 14 A. Yes. 15 Q. You said you worked at The Enclave 16 in the past, Doctor? 17 A. Yes. 18 Q. Are you currently employed by The 19 Enclave? 20 A. No. 21 Q. Were you employed by The Enclave 22 during the Covid pandemic earlier this year? 23 A. No. 24 Q. When did your employment with The 25 Enclave terminate? Veritext Legal