Neil Clinger, MD

15              MR. WILSON:  NEXT CALL DR. NEAL CLINGER.  I BELIEVE

 

      16     HE'S JUST RIGHT NOW OUTSIDE.  DR. CLINGER.

 

      17              THE COURT:  DR. CLINGER, WOULD YOU STEP UP HERE,

 

      18     PLEASE.  RAISE YOUR RIGHT HAND AND FACE THE CLERK, SHE'LL

 

      19     PLACE YOU UNDER OATH.

 

      20                           NEAL J. CLINGER,

 

      21              HAVING BEEN DULY SWORN, WAS EXAMINED AND

 

      22              TESTIFIED AS FOLLOWS:

 

      23              THE COURT:  IF YOU'LL HAVE A SEAT UP HERE, DOCTOR.

 

      24     TELL US YOUR FULL NAME, PLEASE AND SPELL YOUR LAST NAME.

 

      25              THE WITNESS:  NEAL J. CLINGER C-L-I-N-G-E-R.


 

 

       1              THE COURT:  THANK YOU.  YOU MAY PROCEED, MS. BARLOW.

 

       2              MS. BARLOW:  THANK YOU, YOUR HONOR.

 

       3                          DIRECT EXAMINATION

 

       4    BY MS. BARLOW:

 

       5     Q.  GOOD AFTERNOON DR. CLINGER?

 

       6     A.  AFTERNOON.

 

       7     Q.  I APPRECIATE YOU COMING IN THIS AFTERNOON.

 

       8     A.  YOU BET.

 

       9     Q.  CAN YOU TELL US WHERE YOU GRADUATED FROM MEDICAL SCHOOL?

 

      10     A.  UNIVERSITY OF WASHINGTON IN SEATTLE.

 

      11     Q.  AND WHEN WAS THAT?

 

      12     A.  1984.

 

      13     Q.  WHAT OTHER TRAINING HAVE YOU RECEIVED FOR YOUR SPECIALTY?

 

      14     A.  I DID A RADIOLOGY RESIDENCY UNIVERSITY OF ARIZONA 1984

 

      15     THROUGH '88 AND THEN A YEAR FELLOWSHIP IN NEURORADIOLOGY IN

 

      16     UNIVERSITY OF ARIZONA UNTIL 1989.  AND THEN I'VE BEEN

 

      17     PRACTICING MEDICINE HERE AT DAVIS HOSPITAL AND OGDEN REGIONAL

 

      18     MEDICAL CENTER SINCE THAT TIME.

 

      19     Q.  YOUR SPECIALTY THEN IS RADIOLOGY?

 

      20     A.  RADIOLOGY WITH A SUBSPECIALTY IN NEURORADIOLOGY WHICH

 

      21     DEALS WITH THE BRAIN AND SPINE.

 

      22     Q.  I'M SORRY.  I JUST HAD A -- YOU MENTIONED BRAIN AND MINE

 

      23     JUST QUIT.

 

      24         ARE YOU BOARD CERTIFIED?

 

      25     A.  YES, I AM.

 

       1     Q.  WHEN DID YOU BECOME BOARD CERTIFIED?

 

       2     A.  1989.

 

       3     Q.  DID YOU HAVE OCCASION TO -- AND YOU MAY NOT REMEMBER

 

       4     THIS, HOW MANY MRIS DO YOU DO IN A DAY THAT YOU READ IN A

 

       5     DAY?

 

       6     A.  ANYWHERE FROM 25 TO 30.

 

       7     Q.  WE'VE ALREADY HEARD TALK ABOUT CT SCANS AND X-RAYS AND

 

       8     HOW THEY WORK.  WHAT IS AN MRI?

 

       9     A.  AN MRI IS A STUDY THAT IS ABLE TO IMAGE DIFFERENT PARTS

 

      10     OF THE BODY BASED ON HYDROGEN ATOMS IT DOESN'T USE ANY

 

      11     RADIATION, IT'S JUST USED ON THE SPIN OF THE HYDROGEN ATOM

 

      12     INSIDE MOLECULES.  YOU PUT -- IT'S A GIANT MAGNETIC FIELD

 

      13     HIGH STRENGTH MAGNETIC THAT THE PATIENT IS PLACED INTO AND IS

 

      14     ABLE TO IMAGE AREAS OF THE BODY DOWN FROM THE BRAIN TO THE

 

      15     ANKLES AND THE FEET.

 

      16     Q.  I BELIEVE YOU HAVE IN FRONT OF YOU A GRAY BOOK THAT HAS

 

      17     P6B ON THE FRONT OF IT.  IT IS THE MEDICAL RECORDS FOR ENNIS

 

      18     ALLDREDGE, DO YOU SEE THAT THERE?

 

      19     A.  YES, UH-HUH.

 

      20     Q.  WOULD YOU TURN TO MEDICAL PAGE 27.

 

      21              MS. BARLOW:  AGAIN, THIS IS 6B MED 27, YOUR HONOR?

 

      22              THE WITNESS:  OKAY.

 

      23     Q.  (BY MS. BARLOW)  DID YOU HAVE OCCASION TO READ AN MRI FOR

 

      24     ENNIS ALLDREDGE?

 

      25     A.  YES, I DID.

 

       1     Q.  DO YOU ACTUALLY PERFORM THE MRI OR DO OTHERS DO THAT.

 

       2     A.  THE TECHNOLOGIST PERFORMS THE STUDIES AND THEN WE

 

       3     INTERPRET THE IMAGES THAT COME FROM THAT STUDY.

 

       4     Q.  WHAT DAY DID YOU INTERPRET THIS MRI FOR ENNIS ALLDREDGE?

 

       5     A.  12TH OF JANUARY 1996.

 

       6     Q.  DO YOU HAVE ANY INDEPENDENT RECOLLECTION OF THAT

 

       7     OCCURRENCE?

 

       8     A.  I WISH MY MEMORY WERE THAT GOOD BUT, NO, I CAN'T

 

       9     REMEMBER.

 

      10     Q.  WISH MINE WERE GOOD ENOUGH TO REMEMBER FOR TWO MINUTES.

 

      11         WAS THIS -- WELL, LET'S JUST START WITH THE FIRST

 

      12     PARAGRAPH.  THE DATE OF THE EXAM IS 1/12, WOULD YOU READ THE

 

      13     FIRST PARAGRAPH OF WHAT YOU WROTE IN YOUR REPORT?

 

      14     A.  MRI OF THE BRAIN PATIENT WAS SEDATED BUT STILL COMBATIVE

 

      15     AND WOULD NOT LAY STILL AS A RESULT THE STUDY IS QUITE

 

      16     COMPROMISED DUE TO MOTION.  THERE IS MODERATE ATROPHY PRESENT

 

      17     BILATERALLY.  THE VENTRICLES PROMINENT SIZE PROBABLY DUE TO

 

      18     COMPENSATORY ENLARGEMENT FROM THE ATROPHY RATHER THAN ANY

 

      19     DEFINITE HYDROCEPHALOUS BUT A CLINICAL CORRELATION IS URGED.

 

      20     Q.  THE PATIENT WAS SEDATED --

 

      21     A.  YES, UH-HUH.

 

      22     Q.  -- YOU INDICATED.  AS A RESULT THE STUDY WAS QUITE

 

      23     COMPROMISED DUE TO MOTION.  WHAT DOES THAT MEAN?

 

      24     A.  THAT MEANS IN ORDER TO HAVE AN OPTIMAL MRI STUDY THE

 

      25     PATIENT NEEDS TO LAY STILL, NOT MOVE.  ANY TIME THEY MOVE

 

       1     THERE'S ARTIFACT FROM MOTION, A MRI IS VERY MOTION SENSITIVE

 

       2     AND SO IT DEGRADES THE OVERALL IMAGE QUALITY OF THE STUDY.

 

       3     Q.  DID IT CAUSE YOU ANY CONCERN ABOUT THE ACCURACY OF YOUR

 

       4     STUDY?

 

       5     A.  IT CAN.

 

       6     Q.  YOU FELT THAT THERE'S SOME ATROPHY BILATERALLY, DOES THAT

 

       7     MEAN ON BOTH SIDES?

 

       8     A.  YES.

 

       9     Q.  WHAT CAUSES THE ATROPHY?

 

      10     A.  AGING.  SOMETIMES OTHER INSULTS TO THE BRAIN, IT CAN BE

 

      11     ALCOHOL, DRUGS, THINGS LIKE THAT.  USUALLY IS AGING.

 

      12     Q.  THE VENTRICLES ARE PROMINENT BUT YOU FELT THAT WAS

 

      13     COMPENSATORY ENLARGEMENT BY ATROPHY.  WHAT DO YOU MEAN BY

 

      14     THAT SENTENCE.

 

      15     A.  WELL, ANY TIME YOU SEE ENLARGED VENTRICLES YOU HAVE TO

 

      16     DECIDE WHETHER IT'S DUE TO IF THE BRAIN SHRINKS, SOMETHING

 

      17     HAS TO OCCUPY THAT SPACE INSIDE THE SKULL AND IT'S USUALLY

 

      18     THE VENTRICLES FROM THE ATROPHY.  THE DIFFERENTIAL BEING

 

      19     HYDROCEPHALOUS WHICH IS SOME TYPE OF A BLOCKAGE OF THE

 

      20     DRAINAGE OF THE CSF FLUID FROM THE VENTRICLES WHERE THEY CAN

 

      21     BECOME ENLARGED FROM THAT FACT.

 

      22     Q.  DID YOU BELIEVE OR HAVE FEAR THAT THAT'S WHAT THE PROBLEM

 

      23     WAS?

 

      24     A.  I FELT IT WAS MOST CONSISTENT WITH ATROPHY GIVEN THE

 

      25     PATIENT'S AGE AND THE APPEARANCE OF THE VENTRICLES.

 

       1     Q.  LET'S START IN THE NEXT PARAGRAPH MAYBE IF YOU JUST READ

 

       2     A SENTENCE AND THEN EXPLAIN IT TO US IN LAYMAN'S TERMS.

 

       3     A.  OKAY.  NO OBVIOUS MASS EFFECT OR MIDLINE SHIFT IS SEEN OR

 

       4     AREA OF DEFINITE HEMORRHAGE OR INFARCTION, ALTHOUGH FINE

 

       5     DETAILS OBSCURED ON THE STUDY DUE TO MOTION.

 

       6         SO MASS EFFECT OR MIDLINE SHIFT, THAT MEANS IF THERE'S

 

       7     SOME TYPE OF MASS IN THERE OR EDEMA A LOT OF ABNORMAL FLUID

 

       8     CAN CAUSE THE BRAIN TO SHIFT OR HERNIATE, AND I SAID THERE

 

       9     WAS NOTHING LIKE THAT GOING ON.

 

      10         I ALSO SAID THERE'S NO DEFINITE HEMORRHAGE OR INFARCTION

 

      11     SEEN, JUST THAT HEMORRHAGE IS BLEEDING INSIDE THE BRAIN.

 

      12     INFARCTION IS A STROKE THAT YOU CAN SEE THE SEQUELAE OF THE

 

      13     STROKE BY MRI.

 

      14     Q.  WHAT'S SEQUELAE?

 

      15     A.  RESULTS OF.

 

      16     Q.  THE RESULTS OF?

 

      17     A.  YOU CAN SEE IT AFTER.  FROM SEVERAL MINUTES TO HOURS

 

      18     LATER IF THEY'VE HAD A STROKE OR NOT.

 

      19     Q.  YOU INDICATE THE FINE DETAIL IS, AGAIN, COMPROMISED

 

      20     BECAUSE OF THE MOTION?

 

      21     A.  CORRECT.

 

      22     Q.  WOULD YOU READ THE NEXT SENTENCE AND EXPLAIN IT TO US.

 

      23     A.  THERE MAY BE A SMALL AREA OF INFARCTION WITHIN THE LEFT

 

      24     CEREBRAL PEDUNCLE OF UNDETERMINATE AGE AND AGAIN DETAIL IS

 

      25     LIMITED.  THAT'S AN AREA THERE OF THE BRAIN STEM ON THE LEFT

 

       1     SIDE THAT SAID THERE'S AN AREA OF ABNORMAL SIGNAL WHICH

 

       2     SUGGESTS THAT THERE COULD BE AN AREA OF STROKE INVOLVING THAT

 

       3     LEFT SIDE OF THE BRAIN STEM, BUT DETAIL IS LIMITED BECAUSE OF

 

       4     MOTION.  IT'S HARD TO SAY WHETHER IT'S A TRUE FINDING OR NOT.

 

       5     Q.  AND IF IT WERE A TRUE FINDING, COULD YOU TELL HOW OLD

 

       6     THAT STROKE WAS?

 

       7     A.  IT WOULD BE DIFFICULT PROBABLY TO AGE THAT UNLESS THERE'S

 

       8     AGAIN SHIFT OR MOVEMENT OF THE BRAIN FROM EDEMA WHICH IS

 

       9     USUALLY SEEN IN ACUTE STROKE.  IF IT WAS AN OLD STROKE

 

      10     USUALLY YOU DON'T SEE MUCH SHIFTING OF THE BRAIN.

 

      11     Q.  AGAIN THE NEXT SENTENCE, IF YOU WOULD EXCEPT WE'VE GOT A

 

      12     PUNCH HOLE RIGHT IN THE MIDDLE OF SOME WORDS.

 

      13     A.  YES.  SOME WHITE MATTER ISCHEMIC CHANGE AND VENTRICLE

 

      14     BILATERALLY IS NOTED.  THAT IS USUALLY A FINDING AS YOU'LL

 

      15     SEE AS ONE AGES THAT THERE ARE VERY SMALL VESSELS THAT

 

      16     PENETRATE THE DEEP SUBSTANCE OF THE BRAIN THAT THEY'LL BECOME

 

      17     OCCLUDED AND THEY'LL SHOW TINY LITTLE STROKE OR INFARCT

 

      18     CHANGES THERE, AND THAT'S A FAIRLY COMMON FINDING THERE FOR

 

      19     SEE IN OLDER PATIENTS.

 

      20     Q.  AND THEN THE NEXT SENTENCE?

 

      21     A.  MORE HEAVILY T WAVE INVOLVING INCREASE SIGNAL WITHIN THE

 

      22     GRAY MATTER OF THE LEFT OCCIPUT LOBE IS NOTED WHICH APPEARS

 

      23     ASYMMETRIC AND COULD BE DUE TO INFARCTION WHICH MAY BE ACUTE

 

      24     AS THERE IS QUESTION OF EFFACEMENT OF THE ADJACENT LATERAL

 

      25     VENTRICLE.  SO IN THE GRAY MATTER WHICH IS THE MORE OUTSIDE

 

       1     PORTION OF THE BRAIN THERE IS AN AREA OF INCREASED SIGNAL

 

       2     SUGGESTING INFARCTION OR STROKE THAT HAS OCCURRED, BECAUSE IT

 

       3     LOOKS LIKE THERE IS PUSHING ON THE VENTRICLE OR LATERAL

 

       4     VENTRICLE THAT SUGGESTS IT'S AN ACUTE STROKE WITHIN THE LAST

 

       5     SEVERAL HOURS OR EVEN DAYS HAS OCCURRED.

 

       6     Q.  YOU DO USE WORDS LIKE COULD BE DUE AND MAY BE ACUTE, WHY

 

       7     WERE YOU USING THOSE WORDS AS OPPOSED TO IT DEFINITELY IS?

 

       8     A.  PROBABLY TWO REASONS:  FIRST OF ALL, THE MOTION ON THE

 

       9     PART OF THE PATIENT, YOU CAN GET SOME ARTIFACT WHICH IS

 

      10     INCREASED SIGNAL FROM THE MOTION ITSELF.  THE OTHER THING IS

 

      11     THAT IT CAN BE HARD ON AN MRI OF THIS EIGHT YEARS AGO SIX --

 

      12     SEVEN YEARS AGO TO DATE SPECIFICALLY HOW OLD THE INFARCT OR

 

      13     STROKE MAY HAVE BEEN.  SO YOU CAN'T SAY THIS IS DEFINITELY

 

      14     LIKE 72 HOURS OLD OR IT'S 96 HOURS OLD FROM AN MRI ALONE.

 

      15     YOU HAVE TO CORRELATE IT CLINICALLY WITH THE HISTORY AND WHEN

 

      16     THE SYMPTOMS WERE FOUND IN THE PATIENT.

 

      17     Q.  THOSE WOULD BE OUTWARD SYMPTOMS THAT A NURSE OR DOCTOR OR

 

      18     A PHYSICIAN WOULD SEE?

 

      19     A.  CORRECT, AND THAT'S VERY IMPORTANT FOR US.

 

      20     Q.  THAT'S WHY YOU HAVE THE NEXT SINCE WHICH IS?

 

      21     A.  CLINICAL CORRELATION IS RECOMMENDED.

 

      22     Q.  THAT'S WHAT YOU'RE ASKING SOMEBODY TO SAY?

 

      23     A.  YES.

 

      24     Q.  LOOK AND SEE IF HE'S GOT --

 

      25     A.  RIGHT.

 

       1     Q.  WHAT OTHER SYMPTOMS WOULD YOU EXPECT TO SEE IF THERE WERE

 

       2     AN ACUTE STROKE CVA OR INFARCTION?

 

       3     A.  WELL, YEAH.  YOU COULD HAVE WEAKNESS, YOU CAN HAVE

 

       4     NUMBNESS ON THAT PARTICULAR SIDE OF THE BODY, YOU CAN HAVE

 

       5     DIFFICULTY IN SPEAKING OR DIFFICULTY IN UNDERSTANDING WHAT'S

 

       6     GOING ON OR EXPRESSING YOURSELF.  DEPENDS ON THE SIDE OF THE

 

       7     INJURY AND HOW WIDESPREAD IT IS.

 

       8     Q.  AND THE PERSON OF MR. ALLDREDGE'S AGE, 83, IF HE'S

 

       9     ALREADY CONFUSED AND HAVING SOME KIND SOME OF THOSE KIND OF

 

      10     PROBLEMS, WHAT KIND OF CLINICAL CORRELATION COULD A DOCTOR DO

 

      11     IF HE'S ALREADY SHOWING CONFUSION AT THAT SORT --

 

      12     A.  WELL, YOU WOULD HAVE TO GO WITH A NEUROLOGIC EXAMINATION

 

      13     AND SEE IF HE'S LOST SOME MOVEMENT, IF HE STILL HAS THE SAME

 

      14     AMOUNT OF STRENGTH IN BOTH SIDES OF HIS EXTREMITIES.  IF HE

 

      15     HAS ANY CHANGES IN HIS ABILITY TO MOVE HIS EYES, COMPREHEND

 

      16     WHAT'S BEING SAID TO HIM.  SO THERE'S OTHER STUDIES BEHIND

 

      17     THE CONFUSION AND MAY BE SOME NEUROLOGIC EXAMINATIONS TO BE

 

      18     PERFORMED.

 

      19     Q.  AND WHO WOULD YOU ASK TO DO THAT?

 

      20     A.  WELL --

 

      21     Q.  WHO WOULD A PHYSICIAN ASK TO DO THAT?

 

      22     A.  OPTIMALLY IT WOULD BE A NEUROLOGIST BUT YOU CAN HAVE A

 

      23     FAMILY DOCTOR AN INTERNIST OR, YOU KNOW, ANYONE THAT'S DEALT

 

      24     WITH THE PATIENTS TO ANY DEGREE THEY CAN PERFORM THE

 

      25     EXAMINATION AND SEE IF THERE'S BEEN A CHANGE.

 

       1     Q.  WOULD YOU HAVE SAY SQUEEZE WITH BOTH HANDS SEE IF

 

       2     THERE'S A DIFFERENCE?

 

       3     A.  YEAH, THAT'S ONE OF THE STUDIES THERE.

 

       4     Q.  THEN YOU ALSO HAVE THAT LAST SENTENCE IN THAT PARAGRAPH?

 

       5     A.  IF MAY BE USEFUL TO CONSIDER EITHER A CT OR ANESTHESIA

 

       6     HELP WITH MRI.

 

       7     Q.  WHAT DOES THAT MEAN?

 

       8     A.  WELL, A CT WOULD BE LESS PRONE TO HAVE ARTIFACT BECAUSE

 

       9     OF MOTION AND YOU COULD FOLLOW IT UP WITH A CT OR YOU CAN

 

      10     HAVE THE ANESTHESIOLOGIST MORE THOROUGHLY SEDATE THE PATIENT

 

      11     ON THE TABLE SO YOU CAN GET A BETTER QUALITY MRI, THAT'S WHAT

 

      12     MY RECOMMENDATION WAS, YOU KNOW, BECAUSE OF THE MOTION.  IF

 

      13     YOU'RE CONCERNED ABOUT THE AGE OF THE STROKE AND WHAT WAS

 

      14     GOING ON, WE COULD FOLLOW UP WITH ANOTHER STUDY?

 

      15     Q.  THEN YOU HAVE YOUR IMPRESSION.  WHAT'S THE FIRST

 

      16     IMPRESSION YOU WROTE.

 

      17     A.  QUITE SUBOPTIMAL MAGNETIC RESONANCE IMAGING WITH PATIENT

 

      18     MOTION.

 

      19     Q.  WHAT'S SUBOPTIMAL?

 

      20     A.  WELL, LESS THAN GOOD.  LESS THAN OPTIMAL.  I MEAN, IT'S

 

      21     COMPROMISED.  IT'S NOT THE QUALITY WE WOULD HOPE TO HAVE BUT

 

      22     SOMETIMES THAT'S THE BEST YOU CAN DO IN THAT CIRCUMSTANCE.

 

      23     Q.  AND THEN THE NEXT SENTENCE.

 

      24     A.  QUESTION OF INFARCTION INVOLVING LEFT OCCIPITAL AND GRAY

 

      25     MATTER.  THAT MEANS THAT THERE'S QUESTION OF A STROKE.  IT

 

       1     LOOKS LIKE HE'S HAD A STROKE INVOLVING THE GRAY MATTER OF THE

 

       2     LEFT OCCIPITAL LOBE OF THE BRAIN.

 

       3     Q.  NEXT SENTENCE.

 

       4     A.  I CANNOT POSSIBLY DATE THIS POSSIBLE INFARCTION ALTHOUGH

 

       5     THERE CAN BE SOME EARLY COMPRESSION OF THE OCCIPITAL LOBE OR

 

       6     I'M SUGGESTING ACUTE SUBACUTE EVENT.

 

       7     Q.  WHAT DOES THAT MEAN?

 

       8     A.  THAT MEANS FROM THE INCREASE OF THE PUSHING ON THE

 

       9     VENTRICLES IT SUGGESTS THAT THERE IS EDEMA ASSOCIATED WITH IT

 

      10     THAT'S PROBABLY ACUTE WITHIN A FEW HOURS OR DAYS TO SUBACUTE

 

      11     WHICH MAY BE SEVERAL DAYS TO A FEW WEEKS OLD.

 

      12     Q.  AND THEN YOUR LAST SENTENCE?

 

      13     A.  CLINICAL CORRELATION URGED AND FOLLOW UP WITH CT OR LATER

 

      14     MRI WITH BETTER SEDATION MAY BE USEFUL.  IT'S JUST A

 

      15     SUGGESTION TO THE REFERRING PHYSICIAN THAT DEPENDING ON HIS

 

      16     SUSPICION AND WHAT HIS SUGGESTION FOLLOW-UP WITH ANOTHER

 

      17     STUDY LATER ON (MARK).

 

      18     Q.  WERE YOU EVER ASKED TO DO A FOLLOW-UP STUDY, ANOTHER CT

 

      19     OR MRI?

 

      20     A.  NOT THAT I'M AWARE OF.

 

      21     Q.  I DO SEE ANY IN THE RECORD THERE THAT THERE WAS A FOLLOW

 

      22     UP CT OR MRI?

 

      23     A.  I DON'T SEE ANY ON THE FOLLOW-UP STUDY.

 

      24     Q.  FROM THIS -- IF YOU HAVE OCCASION -- DO YOU RECALL TO

 

      25     TALK TO DR. WEITZEL ABOUT WHAT THESE FINDINGS MEANT?

 

       1     A.  I CAN'T REMEMBER.

 

       2     Q.  FROM THIS WOULD YOU -- WOULD YOU SAY TO THE ATTENDING

 

       3     PHYSICIAN THAT THIS PERSON HAD HAD A MASSIVE STROKE?

 

       4     A.  I WOULDN'T CLASSIFY IT AS MASSIVE.  I WOULD PROBABLY SAY

 

       5     IT'S PROBABLY MORE OF A MILD STROKE AT THIS TIME BUT YOU

 

       6     WOULD HAVE TO CORRELATE IT, AGAIN, WITH THE PATIENT'S

 

       7     SYMPTOMS AND A NEUROLOGIC CHANGES AND SEE WHAT THE GRAY

 

       8     COMPROMISE THE PATIENT WAS HAVING.  SOME PATIENTS DO QUITE

 

       9     WELL WITH THIS TYPE OF A STROKE.  SOME PATIENTS ARE MORE

 

      10     INCAPACITATED THAN OTHERS.  IT DEPENDS ON A LOT OF DIFFERENT

 

      11     FACTORS.

 

      12     Q.  BASED ON THIS THAT YOU COULD READ HERE, YOU KNOW,

 

      13     ESPECIALLY WITH THE MOTION AND THAT SORT OF THING, DID YOU

 

      14     SEE ANYTHING THAT WAS IMMEDIATELY LIFE THREATENING IN THIS

 

      15     MRI READ?

 

      16     A.  NO.

 

      17              MS. BARLOW:  THAT'S ALL I HAVE.  THANKS.

 

      18              THE COURT:  CROSS EXAM.

 

      19                          CROSS-EXAMINATION

 

      20    BY MR. BUGDEN:

 

      21     Q.  HOW DO YOU DO, DOCTOR.  MY NAME IS WALLY BUGDEN I HAVE A

 

      22     FEW QUESTIONS FOR YOU THIS AFTERNOON.

 

      23     A.  OKAY.

 

      24     Q.  DOCTOR, AS I UNDERSTAND IT THIS PATIENT WAS REFERRED TO

 

      25     YOU TO TRY TO EVALUATE WHETHER THE PATIENT HAD HAD A STROKE?

 

       1     A.  YES.

 

       2     Q.  AND TRY TO RULE OUT AN INFARCT, A STROKE, IS THAT RIGHT?

 

       3     A.  YES.

 

       4     Q.  AND YOU WERE NOT ABLE TO RULE OUT THE STROKE BECAUSE OF

 

       5     THE PATIENT MOVING, IS THAT RIGHT?

 

       6     A.  AH --

 

       7     Q.  OR DID YOU CONCLUDE THE PATIENT HAD HAD A STROKE?

 

       8     A.  I CONCLUDED THE PATIENT HAD A STROKE.  IT WAS DIFFICULT

 

       9     TO SAY HOW RECENT THE STROKE WAS BECAUSE OF THE MOVEMENT OF

 

      10     THE PATIENT.

 

      11     Q.  AND YOU'VE USED THE PHRASE IT WAS SUBOPTIMAL, THIS MRI

 

      12     WAS SUBOPTIMAL BECAUSE OF THE PATIENT'S MOTION, IS THAT

 

      13     RIGHT?

 

      14     A.  CORRECT.

 

      15     Q.  AND YOU WERE AWARE JUST FROM THE REPORT THAT THE PATIENT

 

      16     HAD ACTUALLY BEEN SEDATED FOR THIS MRI, IS THAT RIGHT?

 

      17     A.  CORRECT.

 

      18     Q.  BUT IN ORDER TO HAVE A BETTER MRI, ONE POSSIBILITY WAS TO

 

      19     REPEAT THE MRI AND TO FURTHER SEDATE, TO FURTHER ANESTHETIZE

 

      20     THE PATIENT, IS THAT RIGHT?

 

      21     A.  YES, THAT WOULD BE AN OPTION.

 

      22     Q.  AND AM I RIGHT THAT AN MRI COSTS ABOUT A THOUSAND

 

      23     DOLLARS, DOCTOR?

 

      24     A.  WITH PROFESSIONAL TECHNICAL FEES, YEAH, APPROXIMATELY

 

      25     THOUSAND DOLLARS.

 

       1     Q.  AND SO THE IN ORDER TO IMPROVE THE QUALITY, THOUGH, AT

 

       2     LEAST BASED ON THIS CIRCUMSTANCES WHERE THE PATIENT WAS

 

       3     MOVING IN SPITE OF SEDATION, WOULD THE PATIENT HAVE

 

       4     ACTUALLY -- IN ORDER TO IMPROVE QUALITY ACTUALLY HAVE TO BE

 

       5     WOULD YOU HAVE TO PUT THE PATIENT COMPLETELY ASLEEP, DO YOU

 

       6     THINK?

 

       7     A.  NO.

 

       8     Q.  NOT NECESSARILY?

 

       9     A.  NOT NECESSARILY.

 

      10     Q.  AND THEN YOU INDICATE THAT OR YOU RECOMMEND OR YOU AGREE

 

      11     THAT THERE WOULD NEED TO BE CLINICAL CORRELATION WITH THE MRI

 

      12     TO TRY TO OBSERVE THE PATIENT IN OTHER WORDS TO SEE WHETHER

 

      13     OR NOT THERE WERE SYMPTOMS OF STROKE?

 

      14     A.  YES.

 

      15     Q.  AM I RIGHT THAT BASICALLY WHAT YOU HAVE HERE THEN IS A

 

      16     SITUATION WHERE YOU COULD TELL THAT THERE HAD BEEN AN EVENT,

 

      17     IT APPEARED LIKE THERE WAS A STROKE, IS THAT RIGHT?

 

      18     A.  YES.

 

      19     Q.  YOU COULDN'T SAY EXACTLY HOW BIG OF AN EVENT IT WAS OR

 

      20     EVEN EXACTLY WHEN IT HAD OCCURRED, IS THAT RIGHT?

 

      21     A.  WELL, YOU COULD -- AN IDEA OF THE SIZE OF THAT FROM YOUR

 

      22     FINDINGS AS FAR AS THE AGE WAS MORE DIFFICULT TO STATE THAT.

 

      23     BUT I COULD TELL THERE WAS NOT A LOT OF MASS EFFECT OR SHIFT

 

      24     OR HERNIATION AT THIS TIME AND IT WOULD HELP TO SIZE THE

 

      25     EXTENT OF THE STROKE.

 

       1              MR. BUGDEN:  THAT'S ALL I HAVE.  THANK YOU.

 

       2              THE COURT:  REDIRECT.

 

       3              MS. BARLOW:  JUST ONE QUESTION, YOUR HONOR.

 

       4                         RECROSS-EXAMINATION

 

       5    BY MS. BARLOW:

 

       6     Q.  YOU INDICATED MRIS ARE ABOUT A THOUSAND DOLLARS.  HOW

 

       7     MUCH DOES A CT SCAN COST DO YOU RECALL OR APPROXIMATELY?

 

       8     A.  OH, PROBABLY ABOUT $500.

 

       9              MS. BARLOW:  THAT'S ALL I HAVE, YOUR HONOR.  THANK

 

      10     YOU, DOCTOR.

 

      11              THE COURT:  YOU MAY STEP DOWN, DOCTOR.  MAY THIS

 

      12     WITNESS BE EXCUSED?

 

      13              MS. BARLOW:  YES.

 

      14              THE COURT:  BE EXCUSED?

 

      15              MR. BUGDEN:  YES.

 

      16              THE COURT:  YOU MAY BE EXCUSED.  AND THANK YOU FOR

 

      17     COMING.

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