Surrebuttal - Robert Rothfeder, MD

7                    ROBERT KEITH ROTHFEDER,
       8           CALLED BY THE DEFENDANT, HAVING BEEN DULY
       9         SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
      10                      DIRECT EXAMINATION
      11    BY MR. STIRBA:
      12    Q.  I'LL REMIND YOU, YOU ARE STILL UNDER OATH.
      13    A.  I UNDERSTAND.
      14    Q.  YOU REVIEWED THE RECORDS FOR ELLEN ANDERSON.  YOU
      15    PREVIOUSLY TESTIFIED CONCERNING A PULMONARY COMPLICATION?
      16    A.  THAT'S CORRECT.
      17    Q.  WHICH YOU OBSERVED BASED UPON YOUR REVIEW OF THE
      18    RECORDS?
      19    A.  THAT'S CORRECT.
      20    Q.  BRIEFLY JUST TELL US WHAT YOU FOUND.
      21    A.  WELL, AT AUTOPSY THE PATIENT WAS FOUND TO HAVE PNEUMONIA
      22    PRESENT.  IN REVIEWING THE MEDICAL RECORDS PRECEDING THAT
      23    THERE WAS AN INFILTRATE SHADOW OR DENSITY ON THE CHEST
      24    X-RAY, BOTH ON THE CHEST X-RAY TAKEN DURING THE
      25    HOSPITALIZATION AND ONE TAKEN MAYBE FOUR OR SIX WEEKS PRIOR.


                                                                       4242



       1    I BELIEVE IT WAS IN NOVEMBER.  THAT SHOWED -- THAT SHOWED
       2    THE SAME DENSITY.  IT WAS MY CONCLUSION THAT THAT SHADOW ON
       3    THE CHEST X-RAY REPRESENTED A PNEUMONIA THAT HAD BEEN
       4    PRESENT SINCE AT LEAST THE TIME OF THAT FIRST CHEST X-RAY
       5    THAT I REFERENCED.
       6    Q.  DO YOU HAVE AN OPINION AS TO WHETHER OR NOT THE
       7    PNEUMONIA WHICH YOU OBSERVED COULD HAVE STARTED UPON HER
       8    ADMISSION AT THE HOSPITAL AND INCREASED TO THE INFECTION
       9    WHICH WAS INDICATED IN THE CHEST X-RAY AT FIVE A.M.?
      10    A.  I DO.
      11    Q.  AND WHAT IS YOUR OPINION?
      12    A.  I DON'T BELIEVE THAT WAS THE CASE.
      13    Q.  WHY IS THAT?
      14    A.  PNEUMONIA JUST SIMPLY IS NOT GOING TO DEVELOP OVER THAT
      15    SHORT A PERIOD OF TIME, IN MY OPINION.  THE DISEASE PROCESS
      16    IS GOING TO TAKE A LONGER PERIOD OF TIME.
      17    Q.  DOCTOR, IS THERE A WAY THAT YOU CAN TEST FOR KIDNEY
      18    FUNCTION?
      19             MR. MAJOR:  OBJECTION, YOUR HONOR.  I DON'T THINK
      20    HE HAS QUALIFICATIONS TO REPLY TO THAT.
      21             THE COURT:  DO YOU WANT TO LAY A FOUNDATION?
      22    Q.  (BY MR. STIRBA)  DOCTOR, IN YOUR PRACTICE OF MEDICINE
      23    HAVE YOU HAD OCCASION TO TEST OR PERFORM CERTAIN TESTS,
      24    DIAGNOSTIC, FOR KIDNEY FUNCTION?
      25    A.  TENS OF THOUSANDS OF TIMES PROBABLY.


                                                                       4243



       1    Q.  AND GENERALLY WHAT DOES THAT TEST ENTAIL?
       2    A.  THAT INVOLVES BASICALLY DOING BLOOD TESTS WHICH MEASURE
       3    THE LEVEL OF SUBSTANCES CONTAINING NITROGEN WHICH THE
       4    KIDNEYS ELIMINATE FROM THE BODY.  THE NAMES OF THOSE
       5    SUBSTANCES ARE THE B.U.N., OR BLOOD UREA NITROGEN, AND THE
       6    CREATININE SPECIFICALLY.
       7    Q.  AND HOW ARE THOSE SUBSTANCES RELEVANT TO A DETERMINATION
       8    OF KIDNEY FUNCTION?
       9    A.  THERE'S A RANGE OF NORMAL FOR THOSE SUBSTANCES IN THE
      10    BLOOD WHEN THE KIDNEYS ARE FUNCTIONING NORMALLY, WHEN THE
      11    KIDNEYS ARE CLEARING THOSE NITROGEN CONTAINING COMPOUNDS
      12    FROM THE BLOOD.  WHEN THE KIDNEYS BEGIN TO FAIL AND DON'T
      13    FUNCTION PROPERLY, THE LEVEL OF THOSE CHEMICALS WHICH THE
      14    KIDNEYS ELIMINATE GOES UP AND THE LEVEL TO WHICH THEY RISE
      15    INDICATES THE DEGREE OF DYSFUNCTION OF THE KIDNEY.
      16    Q.  WERE TESTS SUCH AS YOU JUST DESCRIBED PERFORMED ON THE
      17    PATIENTS INVOLVED IN THIS CASE?
      18    A.  I BELIEVE THEY WERE PERFORMED ON ALL OF THE PATIENTS IN
      19    THIS CASE, TO MY RECOLLECTION.
      20    Q.  AND WHAT KIND OF TESTS ARE THEY AGAIN?
      21    A.  THERE'S A B.U.N., BLOOD UREA NITROGEN, AND CREATININE.
      22    THOSE ARE PART OF THE USUAL CHEMISTRY PANEL THAT'S PERFORMED
      23    ROUTINELY ON HOSPITALIZED PATIENTS.
      24    Q.  AND BASED UPON YOUR REVIEW OF THOSE SPECIFIC TESTS
      25    CONCERNING THESE SPECIFIC PATIENTS, DO YOU HAVE AN OPINION


                                                                       4244



       1    AS TO THE DEGREE OF KIDNEY FUNCTIONING CONCERNING THESE
       2    PARTICULAR PATIENTS?
       3    A.  I DO.
       4    Q.  WITH THE EXCEPTION OF -- AND I BELIEVE IT WAS MARY
       5    CRANE, THE PATIENT WHO ULTIMATELY DEVELOPED SEPSIS AND WHO
       6    HAD AN ELEVATION OF THOSE CHEMICALS FROM KIDNEY FAILURE AS
       7    AN IMMEDIATE PRETERMINAL EVENT?
       8    A.  THE MEASURABLE KIDNEY FUNCTION ON ALL OF THE PATIENTS,
       9    INCLUDING MARY PRIOR TO HER DEMISE, WAS NORMAL.
      10    Q.  NOW, YOU TESTIFIED PREVIOUSLY CONCERNING MR. ALLDREDGE
      11    AND WHAT YOU IDENTIFIED AS A FORM OF CANCER OR LYMPHOMA.  DO
      12    YOU RECALL THAT?
      13    A.  MYCOSIS FUNGOIDES WAS THE TERM AND I BELIEVE I TESTIFIED
      14    THAT THAT WAS A RELATIVELY RARE TYPE OF SYSTEMIC DISEASE.
      15    Q.  BASED UPON YOUR REVIEW OF HIS PARTICULAR RECORD, DO YOU
      16    HAVE AN OPINION AS TO WHETHER OR NOT THAT PARTICULAR DISEASE
      17    PROCESS HAD BEEN CURED OR RESOLVED AT THE TIME OF HIS DEATH?
      18    A.  WELL, THE MEDICAL RECORDS CERTAINLY INDICATED THAT IT
      19    HAD NOT BEEN RESOLVED.  AND IN FACT I BELIEVE DR. DIENHART,
      20    IF THAT'S THE CORRECT PRONUNCIATION, NOTED THAT THAT
      21    CONDITION WAS END STAGE AS ONE OF HIS MAJOR DIAGNOSES.
      22             MR. STIRBA:  THANK YOU.  THAT'S ALL I HAVE.
      23             THE COURT:  MR. MAJOR.
      24                       CROSS-EXAMINATION
      25    BY MR. MAJOR:


                                                                       4245



       1    Q.  DOCTOR, YOUR INDICATION IS THAT -- YOU ARE AWARE, ARE
       2    YOU NOT, THAT THE X-RAY TAKEN BY DR. KELLER INDICATED
       3    INFILTRATE OR POSSIBLE PROBLEM WITH BREATHING IN BOTH OF
       4    MARY -- ELLEN ANDERSON'S LUNGS ON NOVEMBER 18?
       5    A.  THAT'S CORRECT.
       6    Q.  YOU ARE ALSO AWARE, ARE YOU NOT, THAT THE AUTOPSY
       7    PERFORMED BY DR. GRAY SHOWED THERE WAS ONLY THE PNEUMONIA IN
       8    THE ONE LUNG?
       9    A.  THAT'S CORRECT.
      10    Q.  THANK YOU.  NOW, YOU ALSO INDICATED, DOCTOR, THAT YOU
      11    HAD A CHANCE TO REVIEW THE MEDICAL RECORDS ON SOME OF THESE
      12    PATIENTS ON B.U.N., I BELIEVE YOU CALLED IT; IS THAT
      13    CORRECT?
      14    A.  THAT'S RIGHT.
      15    Q.  AND THAT'S WHAT?  WHAT DOES THAT STAND FOR?
      16    A.  THAT STANDS FOR BLOOD UREA NITROGEN.
      17    Q.  DO YOU HAVE ENNIS ALLDREDGE'S FILE THERE?
      18    A.  I DO.
      19    Q.  PLEASE TURN TO PAGE 0023.
      20    A.  GIVE ME A MINUTE.  UNDER WHICH TAB WOULD THAT BE, MR.
      21    MAJOR?
      22    Q.  PARDON?
      23    A.  WHICH TAB WOULD THAT BE UNDER?
      24    Q.  I BELIEVE THAT'S UNDER LABS.
      25    A.  OKAY.  0023.  ALL RIGHT.


                                                                       4246



       1    Q.  AND YOU RECOGNIZE THAT AS BEING BLOOD WORK OFF THE LAB
       2    TEST THAT WAS DONE ON ENNIS ALLDREDGE?
       3    A.  THAT'S CORRECT.
       4    Q.  AND BASED ON THIS LAB RESULT THEY INDICATE THAT THE
       5    B.U.N., OR THE BLOOD UREA NITROGEN, IS SIX WITH A RANGE UP
       6    TO 20; IS THAT CORRECT?
       7    A.  THE NORMAL IS BETWEEN SIX AND 20, THAT'S CORRECT.
       8    Q.  THAT IS CORRECT.  AND YOU AGREE WITH THAT, THAT WOULD BE
       9    THE NORMAL RANGE?
      10    A.  IT CAN VARY FROM LAB TO LAB, BUT I WOULD AGREE THAT THAT
      11    IS A TYPICAL NORMAL RANGE, THAT'S CORRECT.
      12    Q.  YOU ALSO INDICATED THAT THE TEST THAT WAS DONE ON ENNIS
      13    ALLDREDGE ON THE 13TH OF JANUARY, 1996, SHOWS THAT HE HAS A
      14    B.U.N. OF 22?
      15    A.  THAT'S CORRECT.
      16    Q.  AND IT ALSO SHOWS AS BEING HIGH, DOESN'T IT, BASED ON
      17    THE MEDICAL RECORD?
      18    A.  THAT'S MINIMAL ELEVATED, THAT'S CORRECT.
      19    Q.  BUT THEY HAVE AN "H" WHICH STANDS FOR HIGH?
      20    A.  THE COMPUTER PRINTS THAT "H", THAT'S CORRECT.
      21    Q.  NOW, DOCTOR, WILL YOU TURN TO PAGE 0007.  I BELIEVE THIS
      22    IS UNDER THE ONE MARKED CONSULTATION.
      23    A.  ON MR. ALLDREDGE?
      24    Q.  ON MR. ALLDREDGE.
      25    A.  ALL RIGHT.


                                                                       4247



       1    Q.  AND 0007 IS THE REPORT OF THE CONSULTATION DONE BY DR.
       2    DIENHART; IS THAT CORRECT?
       3    A.  CORRECT.
       4    Q.  AND THIS IS WHERE YOU INDICATED THAT HE HAD THE SKIN
       5    CANCER THAT YOU INDICATED WAS END STAGE; IS THAT CORRECT?
       6    A.  CORRECT.
       7    Q.  BUT IF YOU TURN OVER TO PAGE 0009 AND THE CONSULTATION
       8    NUMBER SEVEN HISTORY OF MYCOSIS FUNGOIDES, UNKNOWN STAGE,
       9    THE STATUS IS POST-THERAPY WITH TOTAL BODY RADIATION; IS
      10    THAT CORRECT?
      11    A.  THAT'S CORRECT.
      12    Q.  SO AT THAT POINT IN TIME DR. DIENHART IS SAYING THAT
      13    IT'S AN UNKNOWN STAGE OF CANCER; IS THAT CORRECT?
      14    A.  IT'S NOT CLEAR TO ME WHAT HE'S REFERENCING THERE.
      15    Q.  OKAY.  OBVIOUSLY HE'S NOT REFERENCING THAT IT'S END
      16    STAGE?
      17    A.  WELL, IT WOULD APPEAR THAT THERE WOULD BE AN
      18    INCONSISTENCY FROM THAT TO THE EARLIER STAGE OF THE REPORT.
      19    HOWEVER --
      20    Q.  LET ME ASK YOU THIS.  PLEASE TURN TO PAGE OO11.
      21    A.  OKAY.
      22    Q.  AND ON THE RIGHT SIDE OF THAT ABOUT, I GUESS, A THIRD OF
      23    THE WAY DOWN, DR. DIENHART BEGINS TO LIST SOME OTHER THINGS
      24    IN THE PROGRESS NOTE; IS THAT CORRECT?
      25    A.  THAT'S CORRECT.


                                                                       4248



       1    Q.  AND SEE WHERE IT STARTS, I BELIEVE THAT'S MYCOSIS
       2    FUNGOIDES, ABOUT ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN,
       3    EIGHT, NINE, TEN, 11, ABOUT THE 11TH LINE DOWN.  DO YOU FIND
       4    THAT REFERENCE?
       5    A.  I DO.
       6    Q.  AND THAT ALSO INDICATES THAT THE MYCOSIS FUNGOIDES IS AT
       7    UNKNOWN STAGE; IS THAT CORRECT?
       8    A.  THAT'S WHAT THE WRITING SAYS, THAT'S CORRECT.
       9    Q.  AND WERE YOU AWARE THAT VONDA ALLDREDGE TESTIFIED ON THE
      10    STAND ABOUT --
      11             MR. STIRBA:  I WOULD OBJECT, YOUR HONOR.
      12             THE COURT:  SUSTAINED.
      13    Q.  (BY MR. MAJOR)  WOULD IT MAKE ANY DIFFERENCE TO YOUR
      14    OPINION IF YOU WERE AWARE THAT TESTIMONY HAD BEEN GIVEN THAT
      15    MR. ENNIS ALLDREDGE HAD RECEIVED THE RADIATION, HAD BEEN
      16    GOING IN ONCE EVERY SIX MONTHS TO HAVE THAT CANCER CHECKED
      17    ON, AND IN FACT THE INDICATIONS WERE THAT THE CANCER WAS NOT
      18    PRESENT?
      19    A.  I SUPPOSE IT WOULD DEPEND UPON WHO WAS TELLING ME THAT
      20    AND WHETHER I HAD THE OPPORTUNITY TO QUESTION THEM REGARDING
      21    THE DETAILS THEREOF.
      22    Q.  BUT ASSUMING IT WAS TRUE, WOULD THAT MAKE A DIFFERENCE
      23    IN YOUR OPINION?
      24    A.  ASSUMING WHAT WAS TRUE, NOW?
      25    Q.  THAT HE HAD RECEIVED RADIATION FROM THE UNIVERSITY OF


                                                                       4249



       1    UTAH AND IT HAD BEEN INDICATED THAT THE CANCER WAS IN
       2    REMISSION.  HE HAD BEEN GOING EVERY SIX MONTHS TO HAVE IT
       3    CHECKED ON AND THEY INDICATED THE CANCER WAS STILL IN
       4    REMISSION UP UNTIL THE TIME HE WENT INTO THE DAVIS NORTH
       5    HOSPITAL?
       6    A.  MY OPINION WAS BASED UPON MY REVIEW OF DR. DIENHART'S
       7    RECORDS, SO I GUESS MY OPINION WOULDN'T CHANGE GIVEN THE
       8    INFORMATION THAT I BASED IT UPON.
       9    Q.  AND THAT WAS SIMPLY THAT DR. DIENHART PUT END STAGE?
      10    A.  CORRECT.
      11    Q.  YOU DON'T KNOW WHETHER END STAGE MEANS THAT HE'S END OF
      12    HIS LIFE OR CANCER, END OF THE STAGE BEING CURED?
      13    A.  WELL, IT MIGHT HAVE MEANT BOTH, I SUPPOSE.  IT MIGHT
      14    HAVE MEANT THAT HE WAS AT THE END OF HIS LIFE AND THAT THE
      15    CANCER WAS END STAGE AS WELL.
      16    Q.  THAT COULD HAVE ALSO MEANT THAT THE CANCER WAS AT END
      17    STAGE AND THERE'S NO MORE CANCER?
      18    A.  I'VE NEVER HEARD THAT TERMINOLOGY USED.  END STAGE ISN'T
      19    USED AS A TERMINOLOGY TO REFERENCE REMISSION.
      20    Q.  BUT YOU ARE NOT SPECIALIZED AND BOARD CERTIFIED AS A
      21    CANCER SPECIALIST, ARE YOU?
      22    A.  I'M NOT A CANCER SPECIALIST, THAT'S RIGHT.
      23    Q.  TURN TO THE PAGE IN THE MEDICAL RECORD FOR LYDIA SMITH.
      24    A.  ALL RIGHT.
      25    Q.  AND TURN, IF YOU WILL, TO 722, WHICH IS ALSO UNDER THE


                                                                       4250



       1    LABS.
       2    A.  ALL RIGHT.  722.
       3    Q.  722.
       4    A.  OKAY.
       5    Q.  NOW THIS ALSO -- LET ME ASK, YOU AGREE THIS IS THE LAB
       6    WORK FOR LYDIA SMITH?
       7    A.  CORRECT.
       8    Q.  AND YOU'VE TESTIFIED THAT THE NORMAL FOR THE B.U.N. IS
       9    SIX TO 20 AND HER B.U.N. IS 24.  SO THAT'S ELEVATED?
      10    A.  THAT'S CORRECT.
      11    Q.  AND THAT'S ALSO BEEN MARKED BY THE COMPUTER, AS YOU SAY,
      12    BEING HIGH?
      13    A.  CORRECT.
      14    Q.  ELLEN ANDERSON WASN'T IN THE HOSPITAL LONG ENOUGH TO
      15    HAVE THE WORKUP, WAS SHE, SHE HAD NO BLOOD WORK, SO WE DON'T
      16    KNOW WHAT THE FUNCTION OF HER KIDNEYS WERE?
      17    A.  I COULD LOOK TO CONFIRM THAT.  I DON'T RECALL WHETHER
      18    SHE HAD HAD THOSE BLOOD TESTS OR NOT.
      19    Q.  OKAY.  SO YOU WOULDN'T BE ABLE TO SAY WHETHER ELLEN
      20    ANDERSON'S KIDNEYS WERE FUNCTIONING NORMALLY OR NOT
      21    NORMALLY?
      22    A.  DO YOU WANT ME TO LOOK IN THE RECORD TO SEE?
      23    Q.  I'M SAYING THAT BASED ON YOUR TESTIMONY -- YOU TESTIFIED
      24    EARLIER THAT THESE PATIENTS, OTHER THAN MARY CRANE, HAD
      25    RENAL PROBLEMS, KIDNEY PROBLEMS.  I'M JUST SAYING YOU HAVE


                                                                       4251



       1    NOT REVIEWED ELLEN ANDERSON'S RECORD -- RIGHT NOW, WITHOUT
       2    REVIEWING THAT RECORD, YOU COULDN'T SAY WHETHER SHE DID OR
       3    DIDN'T?
       4    A.  WELL, I HAVE REVIEWED THE RECORD AND I DON'T RECALL
       5    SPECIFICALLY THOSE TESTS BEING DONE.  BUT WHAT I'VE
       6    TESTIFIED WAS THAT I COULD LOOK AND DETERMINE THAT FOR YOU,
       7    IF YOU WISH.
       8    Q.  THAT'S FINE.  LET ME ASK YOU THIS.  YOU ALSO TESTIFIED
       9    THAT IN FACT MARY CRANE DID HAVE A HIGH B.U.N.?
      10    A.  AS A PRE-TERMINAL EVENT, THAT'S CORRECT.
      11             MR. MAJOR:  THANK YOU.  WE HAVE NO FURTHER
      12    QUESTIONS, YOUR HONOR.
      13             MR. STIRBA:  REDIRECT.
      14                     REDIRECT EXAMINATION
      15    BY MR. STIRBA:  
      16    Q.  DO YOU HAVE MR. ALLDREDGE'S BINDER THERE IN FRONT OF
      17    YOU?
      18    A.  YES.
      19    Q.  TURN BACK TO THE LABS, PLEASE.
      20    A.  ALL RIGHT.
      21    Q.  AND THEN SPECIFICALLY PAGE 21.
      22    A.  YES, I HAVE THAT IN FRONT OF ME.
      23    Q.  AND THAT IS A LAB THAT WAS DONE ON ADMISSION ON 1/10 OF
      24    '96?
      25    A.  THAT'S CORRECT.


                                                                       4252



       1    Q.  DO YOU SEE THE B.U.N. DETERMINATION THERE?
       2    A.  YES.
       3    Q.  IS IT WITHIN THE NORMAL RANGE?
       4    A.  YES; AS IS THE CREATININE.
       5    Q.  AND THEN THE ONE YOU WERE ASKED ABOUT IS ANOTHER TEST
       6    THAT WAS DONE, I BELIEVE, ON THE 13TH?
       7    A.  THAT'S CORRECT.
       8    Q.  IS THERE ANY SIGNIFICANCE TO THE FACT THAT THE
       9    CREATININE IS IN THE NORMAL RANGE AND THE B.U.N. IS MILDLY
      10    ELEVATED IN TERMS OF YOUR OPINION AS TO KIDNEY FUNCTION?
      11    A.  THAT'S QUITE SIGNIFICANT.  THE CREATININE IS A MUCH MORE
      12    SENSITIVE TEST OF KIDNEY FUNCTION.  THE B.U.N. CAN BE
      13    ELEVATED DUE TO THINGS OTHER THAN KIDNEY FUNCTION, KIDNEY
      14    FAILURE.  AND THE INTERPRETATION OF THIS COMBINATION OF
      15    RESULTS WITH A NORMAL CREATININE AND A VERY, VERY MINIMALLY
      16    ELEVATED B.U.N, IN MY OPINION, WOULD BE THAT THE KIDNEY
      17    FUNCTION WAS NORMAL BASED UPON THE CREATININE BEING A MORE
      18    SENSITIVE MEASURE.
      19    Q.  WOULD YOU ALSO GET LYDIA SMITH'S BINDER OUT, PLEASE?
      20    A.  YES.
      21    Q.  AND THE PAGE I WOULD LIKE YOU TO TURN TO IS 722.
      22    A.  I HAVE IT.
      23    Q.  THAT WAS THE LAB TEST YOU WERE ASKED ABOUT WHICH APPEARS
      24    TO BE DONE ON 12/20 OF '96?
      25    A.  CORRECT.


                                                                       4253



       1    Q.  WHAT IS THE -- I CAN'T PRONOUNCE IT -- CREATININE?
       2    A.  THEY ARE TONGUE TWISTING.  CREATININE.
       3    Q.  WHAT IS THE RANGE REPORT ON THAT TEST?
       4    A.  NORMAL RANGE OF CREATININE IS 0.5 TO 1.5.
       5    Q.  IS THERE A FINDING THERE THAT THAT CREATININE IS IN A
       6    NORMAL RANGE?
       7    A.  NOT ONLY IS IT WITHIN THE NORMAL RANGE, IT'S RIGHT IN
       8    THE MIDDLE OF THE NORMAL RANGE AT 1.0, WHICH WOULD INDICATE
       9    THAT THE PATIENT HAD NORMAL RENAL FUNCTION.
      10    Q.  AND GIVEN THAT FINDING AND THE B.U.N. READING THAT IS
      11    INDICATED THERE, DOES THAT HAVE ANYTHING SIGNIFICANT, IN
      12    TERMS OF YOUR OPINION, AS TO WHETHER OR NOT RENAL FUNCTION
      13    WAS NORMAL?
      14    A.  IT DOES.  MY INTERPRETATION OF THAT COMBINATION OF
      15    FINDINGS, WHICH IS NOT UNCOMMON, IS THAT THE PATIENT HAD
      16    NORMAL RENAL FUNCTION.
      17             MR. STIRBA:  THANK YOU.  THAT'S ALL I HAVE.
      18             THE COURT:  ANYTHING FURTHER?
      19                      RECROSS-EXAMINATION
      20    BY MR. MAJOR:
      21    Q.  A COUPLE OF QUESTIONS.  DOCTOR,  JUST TALKING -- YOU
      22    INDICATED THAT MARY CRANE DID HAVE A HIGH B.U.N. AND THAT
      23    SHE PROBABLY DID HAVE SOME RENAL OR KIDNEY PROBLEMS,
      24    CORRECT?
      25    A.  IMMEDIATELY PRIOR TO HER DEMISE WHEN THE SEPSIS WAS


                                                                       4254



       1    RAPIDLY DEVELOPING, AS IS USUALLY THE CASE --
       2             MR. STIRBA:  YOUR HONOR, I THINK IT'S BEYOND THE
       3    SCOPE.
       4             THE COURT:  OVERRULED.
       5             THE WITNESS:  -- AS IS USUALLY THE CASE WHEN
       6    KIDNEYS BEGIN TO FAIL.
       7    Q.  (BY MR. MAJOR):  SO WOULD YOU PLEASE TURN TO PAGE --
       8    MARY CRANE'S BINDER.  TURN TO PAGE 258 UNDER THE LABS.
       9    A.  OKAY.
      10    Q.  IF I READ THIS RIGHT, AND CORRECT ME IF I'M WRONG, ON
      11    12/28 THERE WAS A TEST DONE, SHOWS B.U.N. WAS 35.  CORRECT?
      12    A.  THAT'S CORRECT.
      13    Q.  AND THAT'S HIGHER THAN THE OTHERS?
      14    A.  CONSIDERABLY, RIGHT.
      15    Q.  AND THEN IF YOU TURN OVER TO THE NEXT PAGE, 259, IT
      16    INDICATES THAT HER B.U.N. WAS TAKEN ON 1/1 OF '96.  THAT
      17    B.U.N. IS 31?
      18    A.  CORRECT.
      19    Q.  THAT'S ALSO HIGH, IS IT NOT?
      20    A.  CORRECT.
      21    Q.  AND THEN, TURNING OVER TO PAGE 260 -- I'M SORRY.  MAKE
      22    THAT 261.  IT INDICATES THAT HER B.U.N. IS 42 ON 1/7 OF '96;
      23    IS THAT CORRECT?
      24    A.  CORRECT.
      25    Q.  SO BASICALLY MARY CRANE HAD A VERY HIGH ELEVATED B.U.N.


                                                                       4255



       1    FROM THE TIME SHE WAS IN THE HOSPITAL -- SHE ENTERED THE
       2    HOSPITAL, CORRECT?
       3    A.  HER B.U.N. WAS ELEVATED WHEN SHE ENTERED THE HOSPITAL,
       4    THAT'S CORRECT.
       5    Q.  AND SO SHE DID HAVE PROBLEMS WITH HER KIDNEYS?
       6    A.  MY CONCLUSIONS REGARDING THAT WERE BASED UPON ELEVATION
       7    TO 42 OF THE B.U.N. AND THE -- BUT MORESO UPON THE
       8    CREATININE OF 1.9.  IF YOU'LL LOOK AT THOSE LAB TESTS, THE
       9    CREATININE, WHICH I'VE TESTIFIED IS THE MORE SENSITIVE
      10    INDICATOR, WAS WITHIN THE NORMAL RANGE UP UNTIL THE VERY
      11    END.
      12    Q.  AND NORMAL RANGE IS .5 TO 1.5?
      13    A.  RIGHT.  AND ON 1/7 IT HAD RISEN TO 1.9.
      14    Q.  THANK YOU.
      15    A.  YOU ARE WELCOME.
      16             MR. MAJOR:  WE HAVE NO FURTHER QUESTIONS.
      17             THE COURT:  ANYTHING FURTHER?
      18             MR. STIRBA:  NO, YOUR HONOR.  THANK YOU.
      19             THE COURT:  MAY THIS WITNESS BE EXCUSED?
      20             MR. STIRBA:  YES.

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