UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Karen L. Bartlett

v. Civil No. 08-cv-00358-JL

Mutual Pharmaceutical

Company, Inc.

SUMMARY ORDER

Attached are the court’s rulings on the parties’ objections

to the deposition testimony of witness Rebecca Padulo, who has

been deemed unavailable to testify at trial under Rule 32(a)(4)

of the Federal Rules of Civil Procedure (see doc. 275).

SO ORDERED.

____________________________

Joseph N. Laplante

United States District Judge

Dated: August 24, 2010

cc: Bryan Ballew, Esq.

Keith M. Jensen, Esq.

Patrick J. O’Neal, Esq.

Eric Roberson, Esq.

Christine M. Craig, Esq.

Timothy P. Beaupre, Esq.

Jeffrey D. Geoppinger, Esq.

Joseph P. Thomas, Esq.

Paul J. Cosgrove, Esq.

Linda E. Maichl, Esq.

Stephen J. Judge, Esq.

Pierre A. Chabot, Esq.

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Padulo, Rebecca - Vol. 1.txt: 1:1 - 1:24

UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

2 

Case No.: 08-cv-258-JL

3 

Judge Joseph N. Laplante

4 

5 KAREN L. BARTLETT and )

GREGORY S. BARTLETT, )

6 Plaintiffs, )

7 )

8 -v- )

9 )

10 MUTUAL PHARMACEUTICAL COMPANY, )

11 INC.; UNITED RESEARCH )

12 LABORATORIES, INC.; and BROOKS )

13 PHARMACY, )

14 Defendants. )

15 --------------------------------

16 

17 

18 

19 The deposition of REBECCA PADULO, taken before

20 Cynthia J. Dotson, Court Reporter and Notary Public, at

21 the law office of Hedrick, Gardner, Kincheloe & Garofalo,

22 4011 WestChase Boulevard, Raleigh, North Carolina, on the

23 13th day of October, 2009, beginning at the hour of 

24 a.m. and ending at the hour of 12:10 p.m. of the same date. 

Padulo, Rebecca - Vol. 1.txt: 4:9 - 4:10

9 Q Have you ever given deposition testimony before?

10 A No.

Padulo, Rebecca - Vol. 1.txt: 5:1 - 6:7

1 Q Okay. Are you on any medication today?

2 A No.

3 Q May I have your full name for the record, please?

4 A My full name is Rebecca Greenlaw Padulo.

5 Q And how do you spell Padulo?

6 A P as in Peter, A, D as in David, U-L-O.

7 Q And what was your date of birth?

8 A Date of birth is June 15th, 1955.

9 Q Are you married?

10 A Yes.

11 Q Who's your husband?

12 A Daniel Frank Padulo, Jr.

13 Q Where do you live?

14 A I live at 1710 Almond Willow Way in Zebulon, North

15 Carolina.

16 Q Where did you live before 1710 Almond Willow Way?

17 A I lived in Knightdale. I can't think of the

18 address in Knightdale. Medieval Court. I can't

19 think of the number.

20 Q Is that an address in North Carolina?

21 A Yes. Knightdale, North Carolina.

22 Q Okay. Where did you live before living in

23 Knightdale, North Carolina?

24 A Before that we spent two months living at my 

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00006

1 mother-in-law's house in Cary, 114 Prestwick Place,

2 Cary, North Carolina.

3 Q I take it that you had moved to North Carolina at

4 some point?

5 A Yes.

6 Q When was that?

7 A That's three years ago now.

Padulo, Rebecca - Vol. 1.txt: 7:13 - 7:22

13 Q What do you do for a living?

14 A Mostly I've been a receptionist for a number of

15 different medical offices or dental office. I

16 started out working in an orthodontist's office.

17 Then the last job I had in New Hampshire--well,

18 they were actually in Massachusetts. The last job

19 I had was working for a dentist in North Andover.

20 Q Where do you work now?

21 A Right now I'm working as a receptionist at Duke

22 Orthopedics of Raleigh.

Padulo, Rebecca - Vol. 1.txt: 8:19 - 9:23

19 Q How is it that you came to meet Karen Bartlett?

20 A We attended the same church, First Baptist Church

21 in Plaistow, New Hampshire.

22 Q When was the first time that you met Karen

23 Bartlett?

24 A I really can't say. I attended First Baptist 

00009

1 Church over a period of twenty years, and I don't

2 remember.

3 Q Where is First Baptist Church located?

4 A It's on Main Street in Plaistow. I think their

5 address is like 125 Main Street, something like

6 that.

7 Q How long have you known Karen Bartlett?

8 A Karen and I weren't really close. We were

9 acquaintances. My daughter was in high school with

10 her son, so I would have a tendency to

11 say--Raquel's twenty-five now--maybe acquainted

12 with her for about ten years.

13 Q Can you describe for me what types of interactions

14 you had with Karen Bartlett while you knew her in

15 New Hampshire?

16 A Sure. Going into church, saying hi to different

17 people, hello, realizing that our children were

18 both in high school together, her son Matt, my

19 daughter Raquel. Occasionally doing, you know,

20 church projects together when we would have our

21 pumpkin carvings, when we would have Advent

22 services. It was all really church-related. I

23 didn't really see her outside of church at all.

Padulo, Rebecca - Vol. 1.txt: 10:11 - 11:6

11 Q Was Karen Bartlett part of those groups that you

12 put together to promote women being together with

13 respect to--

14 A Not--not always. I got the sense that she was busy

15 at home and busy working. But Karen was the--what

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16 is that, like treasurer at our church, and so

17 sometimes I'd run into her because she'd be in the

18 office working on the books and the accounting, and

19 so I'd be in there getting stuff, running copies

20 and stuff like that, so I'd see her to talk to at

21 times like that.

22 Q Was Karen a regular church-goer?

23 A Yes, I think, fairly regular. It's really hard for

24 me to really say, because I--when I would get to 

00011

1 church, I'd come early, and I tend to sit at the

2 front, like in the first three pews, so everybody's

3 behind me, so I'm not always aware or wasn't always

4 aware of who's coming in and how many times they

5 come in. But I remember seeing her pretty

6 regularly.

Padulo, Rebecca - Vol. 1.txt: 11:13 - 12:24

13 Q And that occasion that you just mentioned when she

14 was sick, what did that entail?

15 A Well, our church was trying to raise funds to help

16 pay for the cost, so she--I'm under the impression

17 that her salary was very important to their family,

18 and of course she wasn't working while she was

19 sick, and so we were trying to raise funds to help

20 the family, help her medical costs.

21 Q So this was a period of significant illness for

22 Karen?

23 A Oh, yes.

24 Q And when was that? 

00012

1 A I'm not good with dates and I don't remember the

2 exact date.

3 Q Okay. Can you tell me about what time frame you

4 recall Karen getting sick?

5 A Well, we had this date that we went to see the Lion

6 King. I heard from Lynda Mailhot, who's my much

7 closer friend, that Karen ended up in the hospital

8 within a couple of days after having gone to see

9 the Lion King. And then it was just continual

10 reports that she was in the hospital, that she got

11 Stevens Johnson Syndrome, and that she was so sick.

12 I mean, they had her in a coma. She was on a

13 feeding tube. And it just went on and on and on

14 for months, her--lost her hair. Her recuperation

15 time was going to be long, months if not years.

16 Just--

17 Q Now, are those issues with her illness things that

18 you observed or are those things that you heard

19 about from other people?

20 A It's always something I heard about specifically

21 from Lynda Mailhot and from things that people were

22 mentioning. I never visited her in the hospital.

23 I, you know, prayed for her and stuff, but that

24 was--that was it. I never saw her directly.

Padulo, Rebecca - Vol. 1.txt: 13:1 - 13:8

1 Q Is it fair to say that while she was a member of

2 the church, she was not among your sort of inner

3 circle of friends?

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4 A Right. That is fair to say.

5 Q If I told you that you went to the Lion King on

6 January 29, 2005, does that sound about--is that

7 the right date?

8 A Yes, that sounds correct.

Padulo, Rebecca - Vol. 1.txt: 16:12 - 17:16

12 Q From Raquel's fondness of Matt, did you get any

13 sense of what the relationship was like between

14 Matt and his parents?

15 A I thought it was a good relationship. I know Karen

16 and I are kind of in a similar position, so the few

17 times that we did talk, it was over concern. I had

18 only Raquel, she had only Matt, and I just thought

19 that we both were very concerned about our children

20 being teenagers and the world the way it is now,

21 and you know, that they make the right choices and

22 find themselves and go in the right direction.

23 Q Uh-huh (yes). What types of concerns did Karen

24 raise with you, if any? 

00017

1 A Oh, just that Matt, you know, do well in school,

2 and what his future was going to be. I don't

3 remember what he wanted to be. He always seemed to

4 me to be just a really nice kid, and I don't really

5 remember anything else.

6 MR. JENSEN: I'm sorry, the first answer

7 I didn't hear. Can you say it again, Ms. Padulo,

8 please?

9 THE WITNESS: About Matt? I just thought

10 that Karen was concerned about what his future was

11 going to be and that he would do well in school and

12 perhaps go to college.

13 MR. JENSEN: Okay. Thank you.

14 Q Do you--did Matt go to college?

15 A I think he did. I don't know specifically where,

16 but I do think he did.

Padulo, Rebecca - Vol. 1.txt: 17:20 - 17:23

20 Q If I understand your testimony correctly, you don't

21 recall Ms. Bartlett complaining about upset stomach

22 or anything like that during the course of the day?

23 A No.

Padulo, Rebecca - Vol. 1.txt: 18:10 - 20:6

10 Q Did there come a time after January 29, 2005, that

11 you learned that Ms. Bartlett began to experience

12 some illness on that day?

13 A Yes. It was afterwards. When I talked to Lynda

14 about, you know, that they got home okay, she said

15 then that Karen wasn't feeling that well when she

16 brought her home. So it was Lynda that was

17 driving, because she picked up Karen and then I met

18 with them and then she brought Karen home.

19 Q Is that a conversation that to the best of your

20 recollection happened Saturday night?

21 A Not Saturday night. It would have been Sunday or

22 afterwards, 'cause I went home. I thought we'd had

23 a great day. I thought everything was fantastic.

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24 We were all aglow about the Lion King. And I think 

00019

1 when I saw Lynda probably the next day in church,

2 you know, "You guys got home okay, everything was

3 fine?" "Yeah. Lynda wasn't--Karen wasn't feeling

4 that good. I took her straight home." And then we

5 didn't see her at church.

6 Q Did Lynda in that brief--in that conversation, did

7 Lynda attribute Karen's condition to anything?

8 A I thought she attributed it more to tiredness, but

9 I really--that's my general sense of it. I don't

10 remember specifically exactly what she said.

11 Q Do you have a recollection of seeing Karen in

12 church on Sunday?

13 A No.

14 Q The next day after the Lion King?

15 A No.

16 Q After January 29, 2005, when is the next time that

17 you had an interaction with Ms. Bartlett that you

18 recall?

19 A What I recall is that the band that my husband and

20 I and Lynda Mailhot's husband Walter had--we had a

21 group called Agape, and this is like maybe at least

22 a year later, a year and a half, maybe even two

23 years later that we were holding a fundraiser,

24 again to raise money to help Karen, and that she 

00020

1 was present at the fundraiser, and that was the

2 last time I saw Karen that I remember. She was in

3 a wheelchair. She had something covering her head

4 because she really didn't have any hair. And she

5 did not look like the woman that I remembered from

6 when I'd seen her on January 29th.

Padulo, Rebecca - Vol. 1.txt: 21:4 - 21:20

4 Q When you saw Karen at the concert and she was in a

5 wheelchair, did you have an occasion to visit with

6 her?

7 A I spoke with her just for a few minutes.

8 Q And what was that conversation about?

9 A Just that I was glad to see her, that I was so

10 sorry about everything that had happened to her,

11 that I hoped we raised a good amount of money so

12 that, you know, it would be helpful to her, to tell

13 her that I was praying for her and that I was

14 playing for her complete, you know, healing, and

15 that I hoped that God would strengthen with her.

16 It amazed me that she was able to even smile.

17 Q You had mentioned that the concert was a

18 fundraiser. Am I correct to understand that it was

19 a fundraiser specifically for her?

20 A Yes. Yes.

Padulo, Rebecca - Vol. 1.txt: 23:4 - 23:10

4 Q How much money did you raise?

5 A I think it was over a thousand dollars, but those

6 were all details that somebody else handled. When

7 we're performing, I like have everything I can do

8 to keep myself together to sing and--

9 Q I understand.

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10 A --play the notes, and that's where I was.

Padulo, Rebecca - Vol. 1.txt: 23:14 - 24:21

14 Q Between the time of January 29, 2005, and the next

15 time that you saw Ms. Bartlett at the fundraiser,

16 did you have any conversations with Lynda Mailhot

17 about her--Ms. Bartlett's condition?

18 A Yes. It became my habit, knowing that Lynda was

19 visiting Karen and relaying our prayers and our

20 good wishes to her, to ask Lynda how she was doing,

21 so you know, getting those periodic updates

22 of--that she was--they still had her in a coma,

23 that it was going to be more weeks, and how she was

24 doing was just part of our conversation. 

00024

1 Q Was speculation about what caused her condition

2 ever part of those conversations?

3 A Sure, it was.

4 Q And what was said in those--in that regard?

5 A That was when Lynda had told me that Karen never

6 took medications for anything, but something was

7 bothering her. I don't know if it was some kind of

8 muscular ailment. And so it was bothering her

9 enough that she had gone to a doctor about it and

10 the doctor had prescribed something for her, and

11 one of the side effects of--one of the possible

12 side effects of the medication was what had

13 happened.

14 Q What was that medication, if you know?

15 A I don't remember the name.

16 Q And is it your understanding that Lynda

17 specifically told you that one of the possible side

18 effects was the event that occurred to her?

19 A Yes.

20 MR. JENSEN: I think that calls for

21 hearsay, but go ahead.

Padulo, Rebecca - Vol. 1.txt: 26:13 - 27:4

13 the hospital, she's still recuperating."

14 Q Do you know anything of Karen's current condition?

15 A From occasional e-mails. We have prayer request e16 mails that I still get from First Baptist Church.

17 I would get an e-mail, "Please pray for Karen.

18 She's going for eye surgery." So I know she's

19 still having problems with her eyes. I'm really

20 not aware of whatever else is going on with her

21 condition.

22 Q Did those e-mails come to you from the church or

23 from other members?

24 A They came from a member who has kept up with me. 

00027

1 Her name is Terri Russell. And she sends out the

2 prayer requests. As far as I'm aware, she sends

3 out the prayer requests, and so I'm on the prayer

4 chain, the e-mail prayer chain from First Baptist.

Padulo, Rebecca - Vol. 1.txt: 27:14 - 27:19

14 Q Do you have any information about Ms. Bartlett's

15 lawsuit?

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16 A Just now, you know, receiving this material about

17 the deposition. So I don't know specifically about

18 the lawsuit except, you know, what the title is,

19 you know, on my paper-work that I received.

Padulo, Rebecca - Vol. 1.txt: 28:7 - 28:14

7 Q Okay. And I see you've brought some documents with

8 you today to the deposition. What do you have

9 there?

10 A I have Fed-Ex paper-work that I received from

11 Jensen, Ballew and Gonzalez with a cover letter,

12 and then Exhibit 125, Exhibit 127, a picture of the

13 opera house in Boston and a map showing the area

14 that we visited on January 29th.

Padulo, Rebecca - Vol. 1.txt: 30:10 - 31:1

10 And so my question to you is, do you have

11 any other documents other than what we've marked as

12 Exhibit 1 that are responsive to these document

13 requests?

14 A I printed out the e-mails I received from Keith

15 Jensen. I never received any materials from Karen

16 or Greg Bartlett about her stuff. I mean,

17 basically she was in the hospital and I never

18 received anything from her.

19 Q Okay. May I make a copy of these e-mails and just

20 mark them as Exhibit 3 to your deposition?

21 A Sure.

22 MR. JENSEN: No. No, you may not. Ms.

23 Padulo has requested my representation, so Ms.

24 Padulo, put those e-mails away right now. They're 

00031

1 privileged. You know that, so don't mark them.

Padulo, Rebecca - Vol. 1.txt: 32:3 - 32:13

3 Q I do want to ask you, Ms. Padulo, is it true in

4 fact that you asked Mr. Jensen to represent you for

5 purposes of this deposition?

6 A No, it didn't happen that way, but I do want him

7 to.

8 Q Okay.

9 MR. JENSEN: I didn't hear your answer.

10 No, it didn't happen that way, was that what you

11 said?

12 THE WITNESS: It didn't happen precisely

13 that way, but I do want you to represent me.

Padulo, Rebecca - Vol. 1.txt: 34:18 - 35:10

18 Q Thank you, ma'am. So please introduce yourself to

19 the jury.

20 A My name is Rebecca Padulo. I live in Zebulon,

21 North Carolina. I'm fifty-four years old and used

22 to live up in New Hampshire and attend First

23 Baptist Church in Plaistow.

24 Q And how long have you known Karen Bartlett? 

00035

1 A I don't remember the specific length of time. I

2 attended First Baptist Church for over twenty years

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3 and my specific memory of being aware of Karen and

4 speaking more with her is once my daughter was in

5 high school at the public school at Timberlane

6 Regional High School and her son Matthew was also

7 there and they knew each other. So, gee, my

8 daughter was born in '85 and so once she went to

9 high school, that's when I started really speaking

10 more with Karen.

Padulo, Rebecca - Vol. 1.txt: 35:11 - 37:6

11 Q Have you ever eaten at a place called the Taiwan

12 Cafe in downtown Boston?

13 A Yes, I have.

14 Q Was it always the same name or in previous years

15 did it go by a different name?

16 A In previous years it went by a different name. I'd

17 been eating in the same location since I was in

18 sixth grade off and on through the years.

19 Q And my mom taught me never to ask a woman her age

20 of course, but can you give me a rough estimate,

21 give the jury a rough estimate, please, of

22 approximately how long as of 2005 you had been

23 eating Chinese food at that location?

24 A Oh, well, I'm fifty-four. I was born in 1955. And 

00036

1 we moved to Andover, Massachusetts when I was in

2 sixth grade. So my mother's Filipino and at the

3 time there weren't as many--well, there weren't any

4 Asian markets around where she could get rice and

5 where she could get the vegetables that she likes

6 to eat and some of the different foods that she

7 likes to eat, so we were going into Boston at least

8 once a month to eat at the restaurant that was at

9 that location, which I seem to remember was called

10 Ye Hong Guey. So at least a minimum of twelve

11 times a year from sixth grade right up through high

12 school. I went away to college and then throughout

13 the years, you know, I'd go with my mother in.

14 We'd make a trip of it a couple of times a year,

15 different periods of my life. I'm thinking I

16 wasn't aware that it had changed to Taiwan Cafe

17 till maybe ten years ago.

18 Q Okay. And--

19 A But I still ate there.

20 Q Okay. And was the food similar or much the same

21 with the new name or was it completely different

22 food when it changed names to the Taiwan Cafe?

23 A The food was more authentic Asian food. The other

24 Ye Hong Guey was more what you might find in any 

00037

1 Chinese restaurant, you know, sweet and sour pork

2 and fried chicken and stuff like that, but my

3 family, because of my mother being Filipino, really

4 likes to eat the more authentic food. So we were

5 very pleased at the Taiwan Cafe, 'cause that's more

6 authentic Asian cooking.

Padulo, Rebecca - Vol. 1.txt: 37:23 - 39:7

What date do

24 you believe that you ate at the Taiwan Cafe with 

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00038

1 Karen Bartlett?

2 A January 29th of 2005.

3 Q Who else, if anyone, did the two of you dine with?

4 A Lynda Mailhot.

5 Q Who is Lynda Mailhot?

6 A Lynda Mailhot is a very good friend of mine who

7 also goes to First Baptist Church.

8 Q You have Exhibit 127 with you, that is three color

9 pictures in one exhibit three pages long?

10 A Yes, I do.

11 Q What is the first page of Exhibit 127, please?

12 A It's a picture of the Taiwan Cafe.

13 Q How did--including your interactions with me, how

14 did that picture come into existence, please?

15 A I looked it up on the internet to give you a good

16 idea of what the cafe was that we had gone to to

17 eat at.

18 Q Did you guys after you had dinner that night go

19 somewhere else?

20 A Yes. We went to see the Lion King.

21 Q What is Page 2 of Exhibit 127?

22 A Page 2 is a picture of the opera house, which is

23 where we went to see the Lion King.

24 Q And what is Page 3 of Exhibit 127? 

00039

1 A Page 3 is a map of the downtown area of Boston that

2 includes the distance from the Taiwan Cafe area to

3 the opera house area.

4 Q And did you help me create, through a conversation

5 where we were both looking at the computer, all

6 three of those pages that are now before you?

7 A Yes, I did.

Padulo, Rebecca - Vol. 1.txt: 40:1 - 40:9

1 Q Ms. Padulo, does Exhibit 127--is it the following:

2 an accurate picture of where yourself, Ms.

3 Bartlett, Ms. Mailhot first ate dinner on January

4 29, 2005, the second page, is it an accurate

5 picture of where you attended the Lion King on that

6 night, and is the third page an accurate map of

7 downtown Boston where the letters A and B depict

8 where the Taiwan Cafe is and where the three of you

9 walked to get to the Lion King?

Padulo, Rebecca - Vol. 1.txt: Page 40, Line 12

12 A Yes.

Padulo, Rebecca - Vol. 1.txt: 40:23 - 42:9

23 Please tell the jury what the first page of that

24 exhibit represents. 

00041

1 A The first page is a picture of the Taiwan Cafe.

2 Q And is that where the three of you had dinner on

3 Saturday, January 29, 2005?

4 A Well, we had lunch, but yes, that's where we ate.

5 Q Okay. And have you now signed that page?

6 A I have signed it.

7 Q And what is the second page of that exhibit,

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8 please?

9 A The second page is a picture of the opera house

10 with its address.

11 Q And is that the precise opera house where the three

12 of you saw the Lion King that night?

13 A Yes, it is.

14 Q And what is the third page of that exhibit?

15 A The third page is a map of downtown Boston showing

16 the area around Chinatown and around where the

17 opera house is.

18 Q What do the A and B point to on that third page of

19 the map of downtown Boston, please?

20 A The A represents the location of the Taiwan Cafe

21 and B represents the location of the opera house.

22 And from this you can get a good idea of the walk

23 from one to the other that we took on that day,

24 January 29th. 

00042

1 Q I think you just told us, but how did you guys get

2 from Taiwan Cafe to the opera house to watch the

3 Lion King that evening?

4 A We walked.

5 Q Okay. How far of a walk was it approximately, how

6 long?

7 A I think of it as a couple of blocks. It's more

8 probably like ten, but it's not that far a

9 distance.

Padulo, Rebecca - Vol. 1.txt: 42:12 - 43:17

12 A The food was delicious.

13 Q Have you eaten at the Taiwan Cafe after that

14 evening on January 29, 2005?

15 A Yes. I met with my daughter again there to meet

16 for lunch.

17 Q You told us you'd been going to that location to

18 eat Chinese food since you were in sixth grade, is

19 that true?

20 A Yes.

21 Q You told us that you'd been going to that location

22 when it was called the Taiwan Cafe for

23 approximately ten years to eat Chinese food, is

24 that true? 

00043

1 A That is true, although ten years makes it sound

2 like a lot of times. It's--but I have been going

3 there, yes.

4 Q Okay. And for all the times you've been to that

5 location before and since it was called the Taiwan

6 Cafe, you included and anyone you've ever heard of,

7 did they have a bad meal, to your knowledge?

8 A I have never had a bad meal there or spoken to

9 anyone who had a bad meal there.

10 Q Had either you, or to your knowledge, anyone you've

11 ever known that's gone to the Taiwan Cafe or its

12 predecessor there ever had any bad experience from

13 food there such as including a stomachache or

14 indigestion or just not feeling right, you know,

15 they weren't sure whether or not it was the food?

16 Any such experience you've ever heard of from that

17 location in your life?

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Padulo, Rebecca - Vol. 1.txt: Page 43, Line 20

20 A No, I haven't heard of anybody.

Padulo, Rebecca - Vol. 1.txt: 44:14 - 45:21

On January

15 29th, 2005, did you and Ms. Bartlett and Ms.

16 Mailhot eat kind of the same thing from what's

17 known as community plates in Asian food? Did you

18 all eat different things? Tell us about that,

19 please.

20 A My memory is that I did the ordering because their

21 menu is written in Asian characters and stuff, and

22 since I was the one who'd been there before. My

23 memory is that we ordered family style and we all

24 shared from the dishes. 

00045

1 Q I forgot to ask you, have you now signed all three

2 pages of that--the color pages of Exhibit 127?

3 A Yes.

4 Q Thank you. And so it's your best memory that the

5 three of you all ate from the same dishes that

6 evening at the Taiwan Cafe? Is that true?

7 A Yes.

8 Q Okay. Did you have any indigestion or diarrhea or

9 any bad feeling that you attributed to anything you

10 ate that day, including from the Taiwan Cafe?

11 A No, I didn't.

12 Q To your knowledge, did Lynda Mailhot have any

13 indigestion or diarrhea or any bad feeling that she

14 attributed to the Taiwan Cafe?

15 A No, she didn't.

16 Q That entire day, sticking to Saturday, January

17 29th, 2005, did Karen Bartlett say anything or do

18 anything which you interpreted to mean that she

19 might have had a bad meal or indigestion or

20 diarrhea from the Taiwan Cafe?

21 A No, I don't remember anything of that sort.

Padulo, Rebecca - Vol. 1.txt: 46:3 - 47:5

3 Q And approximately what time did the three of you

4 head back to Plaistow from downtown Boston?

5 A I seem to recall it was a one o'clock showing and I

6 was thinking we headed back probably around four7 thirty or so. Four-thirty, five o'clock. We had

8 to walk back to the car, you know, pay the parking

9 ticket, head out of Boston. I think that's about

10 it.

11 Q If you could flip to Page 3 of that exhibit, the

12 one with the map of downtown Boston. Tell me when

13 you're there.

14 A Yeah.

15 Q Do you see that in that picture, up above where you

16 guys ate, just a few blocks away is Mass General

17 Hospital? Do you see that?

18 A I see the New England Medical Center. Hold on.

19 Q Yeah, the New England Medical Center to the bottom,

20 and towards the top you'll see a pink area. You'll

21 see Mass General.

22 A Oh, I see it. I see it. Yeah.

Case 1:08-cv-00358-JL Document 206-14 Filed 05/24/10 Page 11 of 13 Case 1:08-cv-00358-JL Document 365 Filed 08/24/10 Page 12 of 21
Bartlett v Mutual

Page 12

23 Q Okay. My question is, did you in your wildest

24 dreams, Ms. Padulo, have any reason to believe that 

00047

1 after Taiwan Cafe or after the Lion King on that

2 Saturday night in January 2005, that one of the

3 three of you might happen to be or need to be at

4 Tufts within a few days or at Mass General Hospital

5 more than seventy days?

Padulo, Rebecca - Vol. 1.txt: Page 47, Line 10

10 A No, I didn't.

Padulo, Rebecca - Vol. 1.txt: 47:21 - 48:3

21 Q Is the reason you had no reason to believe that is

22 because to your knowledge there was nothing unusual

23 about dinner, nothing unusual about the food the

24 three of you all ate from the same dishes, and 

00048

1 there was nothing unusual about the wonderful

2 performance of the Lion King?

3 A That's correct.

Padulo, Rebecca - Vol. 1.txt: 48:15 - 49:14

15 Q I'm not asking you for an exact sum or what you're

16 certain about, Ms. Padulo, but based upon what you

17 do know, do you best estimate that the likely total

18 sum raised for Karen Bartlett as a result of the

19 fundraiser would be less than two thousand dollars?

20 A Yes.

21 Q Okay. And tell us about that, please, how that

22 came into being, that fundraiser that raised

23 probably less than two thousand dollars.

24 A Well, we knew that she was out of work and it was 

00049

1 for a long time, and she's in the hospital, and

2 just knowing that, you know, insurance doesn't

3 always cover everything, and we just wanted to help

4 in some way. There's no way we could help

5 medically. We just wanted to help her family and

6 help her out in some way.

7 Q Is it correct to say that during the course of

8 either our first or second conversation, you did

9 request that I represent you in relation to your

10 deposition?

11 A I'm so sorry, I don't remember specifically how it

12 came about, but I was grateful to talk to you and

13 grateful for the help you were giving me and did

14 want, you know, to keep, yes, the connection.

Padulo, Rebecca - Vol. 1.txt: 49:19 - 50:16

Was Karen in a wheelchair

20 at the fundraiser?

21 A Yes.

22 Q Was she with her husband, Greg?

23 A Her husband was pushing her wheelchair.

24 Q Tell us approximately when it was in time, as best 

00050

1 you can say, fall, spring of what year.

Case 1:08-cv-00358-JL Document 206-14 Filed 05/24/10 Page 12 of 13 Case 1:08-cv-00358-JL Document 365 Filed 08/24/10 Page 13 of 21
Bartlett v Mutual

Page 13

2 A I really can't even say. I don't recall at all

3 what time of the year. I know it was a great deal

4 of time after she had become ill, because it just

5 seemed to me like she was in the hospital forever.

6 Q Let me give you some dates and then see if it helps

7 you give us an answer. I'm going to represent to

8 you that Ms. Bartlett was in four hospitals for

9 over a hundred days starting February 2nd through

10 at least the middle of May 2005, and then she went

11 home and she still had a G tube or a gastrostomy

12 tube through which she was fed for another eleven

13 months after her fifth discharge from four

14 hospitals, so she got her G tube out approximately

15 in April 2006. Does that help you tell us when

16 this fundraiser would have been?

Padulo, Rebecca - Vol. 1.txt: 50:19 - 51:5

19 A That speaks to what I recall in terms of that she

20 was still being treated and that she wasn't able to

21 just, you know, get up and go around anywhere, even

22 to her appointments. It speaks to my memory that

23 this was--this fundraiser was perhaps as much as

24 two years after she had become ill. But I still 

00051

1 can't remember what time of year or anything about

2 the date.

3 Q Fair enough.

4 A I just know she wasn't completely well and that she

5 wasn't able to work.

Padulo, Rebecca - Vol. 1.txt: 51:12 - 51:15

12 Q Okay. How many times have you seen Karen in person

13 since she was released from her many

14 hospitalizations?

15 A That was the only time.

Case 1:08-cv-00358-JL Document 206-14 Filed 05/24/10 Page 13 of 13 Case 1:08-cv-00358-JL Document 365 Filed 08/24/10 Page 14 of 21
 Page 36 of 44 

Deposition of Rebecca Padulo – October 13, 2009

Pg: 11 Ln: 21 - Pg: 12 Ln: 2 

Objection: Irrelevant. 

 Rule 401. 

Annotation: 

11:21 Q So this was a period of significant illness for 

 22 Karen? 

 23 A Oh, yes. 

 24 Q And when was that? 

12: 1 A I'm not good with dates and I don't remember the 

 2 exact date. 

Pg: 24 Ln: 1 - 13 

Objection: Subject of Plaintiff’s Motion In Limine No. 14 

 Rule 401. 

 Rule 403. 

 Rule 26(a)(2)(A). 

Annotation: 

24: 1 Q Was speculation about what caused her condition 

 2 ever part of those conversations? 

 3 A Sure, it was. 

 4 Q And what was said in those--in that regard? 

 5 A That was when Lynda had told me that Karen never 

 6 took medications for anything, but something was 

 7 bothering her. I don't know if it was some kind of 

 8 muscular ailment. And so it was bothering her 

 9 enough that she had gone to a doctor about it and 

 10 the doctor had prescribed something for her, and 

 11 one of the side effects of--one of the possible 

 12 side effects of the medication was what had 

 13 happened. 

RULING: 

RULING: 

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 Page 37 of 44 

Pg: 24 Ln: 16 - 19 

Objection: Subject of Plaintiff’s Motion In Limine No. 14 

 Rule 401. 

 Rule 403. 

 Rule Rule 26(a)(2)(A). 

Annotation: 

24:16 Q And is it your understanding that Lynda 

 17 specifically told you that one of the possible side 

 18 effects was the event that occurred to her? 

 19 A Yes. 

 

RULING: 

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109

REBECCA PADULO DEPOSITION – AUGUST 13, 2009

Pg: 6 Ln: 17 - 24

Annotation:

6:17 Q Did you live at the same residence for your entire

 18 time in New Hampshire?

 19 A No. No.

 20 Q Where did you last live in New Hampshire before

 21 moving to North Carolina?

 22 A Lived in Derry, Derry, New Hampshire, in a

 23 condominium. Let's see. I'm really bad with

 24 addresses.

Pg: 7 Ln: 4 - 12

Annotation:

7: 4 Q And what--okay. Where is Derry in relation to

 5 Plaistow, New Hampshire?

 6 A Derry is about twenty minutes' driving time, maybe

 7 fifteen miles north on Route 93 from Plaistow.

 8 You'd have to take back roads to get there, you

 9 know, like 495 to 93, if you were taking the

 10 highway, but--

 11 Q And how long did you live in Derry, New Hampshire?

 12 A I think we were there five years.

Pg: 11 Ln: 7 - 12

Annotation:

11: 7 Q What about her husband?

 8 A I don't remember him at all. I think she came

 9 without him.

 10 Q Do you know her husband?

 11 A I have met him. Most--the most notable occasion

 12 was when she was sick. I met him once or twice.

OBJECTION: Relevance.

 

OBJECTION: Relevance.

 

RULING:

RULING:

OBJECTION: Relevance.

Lack of Foundation.

 

RULING:

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110

Pg: 17 Ln: 24 - Pg: 18 Ln: 9

Annotation:

17:24 Q Did there come a time after January 29 that you

18: 1 learned that she was experiencing some

 2 gastrointestinal upset?

 3 MR. JENSEN: I'm sorry, was her answer to

 4 the last question no, she did not complain of

 5 anything during the whole day?

 6 MR. COSGROVE: Not--it was not that she

 7 recalls.

 8 MR. JENSEN: Not that she--thank you,

 9 sir.

Pg: 20 Ln: 19 - Pg: 21 Ln: 3

Annotation:

20:19 Q Do you recall one way or another if Ms. Bartlett

 20 had discussed with you her plans for that evening

 21 when you arrived--when you all arrived home from

 22 the Lion King?

 23 A No.

 24 Q So you don't know one way or another if she had to

21: 1 cancel her plans for the evening because she wasn't

 2 feeling well?

 3 A No, I have no way of knowing that.

OBJECTION: Relevance.

 

OBJECTION: Relevance.

Lack of Foundation.

 

RULING:

RULING:

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111

Pg: 27 Ln: 5 - 13

Annotation:

27: 5 Q Is it your understanding that Terri Russell is the

 6 person that coordinates the prayer requests--

 7 A Yes.

 8 Q --and isn't necessarily, you know, close or--

 9 A Exactly.

 10 Q --with Ms. Bartlett? Okay.

 11 A She sends out prayer requests for everybody.

 12 Q I got you.

 13 A You know, whatever's lifted up.

OBJECTION: Form.

Relvance.

 

RULING:

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112

Pg: 29 Ln: 8 - Pg: 30 Ln: 9

Annotation:

29: 8 Q Okay. I'm going to hand you what I'm going to mark

 9 as Exhibit 2 now.

 10 (DEFENDANT'S DEPOSITION EXHIBIT NO. 2

 11 MARKED FOR IDENTIFICATION)

 12 Q And can you tell me what that is, please?

 13 A Okay. This is the amended notice of deposition of

 14 Rebecca Padulo.

 15 Q Okay. If I understand your testimony correctly,

 16 you had received an earlier version of this with

 17 another date?

 18 A Yes.

 19 Q Right?

 20 A Yes.

 21 Q Okay. If I could just draw your attention to Page

 22 2 of Exhibit 2.

 23 A Uh-huh (yes).

 24 Q And you can see that at the top of it it says

30: 1 "Document Request," right?

 2 A Yes.

 3 Q Okay. And basically there are two requests. One

 4 asks you for any information provided to you by Mr.

 5 or Mrs. Bartlett about medication or other

 6 literature or TEN's or SJS, including e-mails. And

 7 then the second one asks you for all communications

 8 provided to you by plaintiff's counsel, which I'll

 9 represent to you is Jensen, Ballew.

OBJECTION: Relevance.

Line 3-9 are an unanswered 

question – therefore, 

argumentative.

 

RULING:

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113

Pg: 31 Ln: 2 - 5

Annotation:

31: 2 THE WITNESS: Oh. Sorry.

 3 MR. JENSEN: Don't look at them either.

 4 MR. COSGROVE: Okay. I don't have them

 5 and she's taken them back.

Pg: 51 Ln: 20 - Pg: 52 Ln: 3

Annotation:

51:20 Q Ms. Padulo, I just have one or two more questions.

 21 Have you ever in your own personal life experienced

 22 a tragic illness with respect to yourself or a

 23 close family member?

 24 A Close family member, yes.

52: 1 Q Do you agree with the proposition that anything can

 2 happen at any time?

 3 A Yes.

OBJECTION: Relevance.

Lack of foundation.

 

OBJECTION: Relevance.

Lack of Foundation.

Calls for Speculation, 

Hypothetical of a non-expert 

witness.

Improper expert testimony 

without designation or foundation 

that Ms. Padulo is an expert in 

statistical probability.

 

RULING:

RULING:

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