EXHIBIT D 

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 1 of 47 PageID #:871
1 (Pages 1 to 4)

 IN THE UNITED STATES DISTRICT COURT

 FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

 CHARLESTON DIVISION

IN RE: C.R. BARD, INC.,

PELVIC REPAIR SYSTEM Master File No.

PRODUCTS LIABILITY 2:10-MD-02187

LITIGATION MDL No. 2187

___________________________

THIS DOCUMENT RELATES TO JOSEPH R. GOODWIN

 U.S. DISTRICT JUDGE

Veronica Madsen, et al., v.

C.R. Bard, Inc., Case No.

2:16-cv-11633

 DEPOSITION OF RADHA KRISHNA UPPUTURI, M.D.

 Taken on Behalf of Plaintiffs

 June 27, 2017

 Kathleen E. Maloney, CSR, RPR, FCRR

 Il. No. 084-003235

Page 2

1 I N D E X

 WITNESS: PAGE

2

 RADHA KRISHNA UPPUTURI, M.D.,

3

4 EXAMINATION BY MR. KRAMER: 5

 EXAMINATION BY MR. KEDZIORA: 50

5 FURTHER EXAMINATION BY MR. KRAMER: 116

 FURTHER EXAMINATION BY MR. KEDZIORA: 126

6

7

8

 E X H I B I T S

9

 Upputuri For Identification

10

11 No. 1 Medical Records 5

 No. 2 Operative Report 7

12 No. 3 Align TO IFU 29

 No. 4 Notice of Deposition 57

13 No. 5 Medical Records 63

 No. 6 Operative Report 82

14 No. 7 Cardiology Report 95

 No. 8 Align TO IFU 106

15

16

17

18

19

20

21

22

23

24

Page 3

1 IN THE UNITED STATES DISTRICT COURT

 FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

2 CHARLESTON DIVISION

3 IN RE: C.R. BARD, INC.,

PELVIC REPAIR SYSTEM

4 PRODUCTS LIABILITY Master File No.

LITIGATION 2:10-MD-02187

5 __________________________ MDL No. 2187

THIS DOCUMENT RELATES TO

6 Veronica Madsen, et al., JOSEPH R. GOODWIN

v. C.R. Bard, Inc., Case U.S. DISTRICT JUDGE

7 No. 2:16-cv-11633

8

9 The deposition of RADHA KRISHNA UPPUTURI, M.D.,

10 taken under oath on June 27, 2017, between the hours

11 of 8:00 a.m. and 11:10 a.m. at Central DuPage

12 Hospital, 25 North Winfield Road, Third Floor, Risk

13 Management Conference Room, Winfield, Illinois,

14 pursuant to the Rules of the United States District

15 Court, pertaining to the taking of depositions,

16 before Kathleen E. Maloney, License No. 084-003235,

17 a notary public in and for the County of Cook and

18 State of Illinois, pursuant to notice.

19

20

21

22

23

24

Page 4

1 APPEARANCES:

2 TORHOERMAN LAW, L.L.C.

 MR. R. JOSEPH KRAMER

3 227 West Monroe Street, Suite 2650

 Chicago, IL 60606

4 Appeared on behalf of Plaintiffs;

5 GREENBERG TRAURIG, L.L.P.

 MR. MARTIN S. KEDZIORA

6 77 West Wacker Drive, Suite 3100

 Chicago, IL 60601

7 Appeared on behalf of Defendant;

8

 BAKER & ENRIGHT

9 MR. PATRICK J. VEZINO

 33 West Jackson Boulevard, Third Floor

10 Chicago, IL 60604

 Appeared on behalf of Deponent.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 2 of 47 PageID #:872
PohlmanUSA Court Reporting (877) 421-0099

2 (Pages 5 to 8)

Page 5

1 (Whereupon, Upputuri Exhibit

2 No. 1 was marked for

3 identification.)

4 (Witness sworn.)

5 RADHA KRISHNA UPPUTURI, M.D.,

6 called as a witness herein, having been first duly

7 sworn, was examined and testified as follows:

8 EXAMINATION

9 BY

10 MR. KRAMER:

11 Q. Would you please state your name?

12 A. Krishna Upputuri.

13 Q. Are you a physician?

14 A. Yes, I am.

15 Q. What is the name of your medical practice

16 group?

17 A. It's Northwestern Medicine Regional Medical

18 Group.

19 Q. And what is its business address?

20 A. I know the office address which is 1800

21 North Main Street in Wheaton.

22 Q. That will work.

23 Doctor, do you understand that I'm Joe

24 Kramer, and I represent the plaintiff, Veronica

Page 6

1 Madsen, in this lawsuit?

2 A. Yes.

3 Q. Do you understand that we have not sued you

4 as part of this lawsuit?

5 A. Yes.

6 Q. You understand that -- well, I just want

7 you to know we don't intend to sue you as a part of

8 this lawsuit at any time. Okay?

9 A. Okay.

10 Q. And has any party at all intimated to you

11 that you may become a party to this lawsuit?

12 A. No.

13 Q. Do you have an area of medical specialty?

14 A. OB-GYN.

15 Q. Did you provide medical treatment to

16 Mrs. Veronica Madsen?

17 A. Yes, I did.

18 Q. Did you implant a mesh sling into

19 Mrs. Madsen for stress urinary incontinence on

20 2016?

21 A. Yes, I did.

22 Q. Do you recall which specific product you

23 used?

24 A. Oh, it's a Bard sling.

Page 7

1 Q. Do you know the name of the Bard sling?

2 A. I'm not sure, but I think it's Urotech.

3 Q. I'm just going to go ahead and get this out

4 of the way upfront. So I'll mark this as Exhibit

5 No. 2.

6 (Whereupon, Upputuri Exhibit

7 No. 2 was marked for

8 identification.)

9 BY MR. KRAMER:

10 Q. Doctor, I'll turn your attention to Page 6

11 of that document. Do you recognize that?

12 A. Yes. This is the operative note.

13 Q. Okay. And then if you flip over to

14 Page 11, do you see where it says Implant Record?

15 A. Yes.

16 Q. And then do you see the sticker on that

17 page?

18 A. Yes.

19 Q. Does that refresh your recollection as to

20 which Bard product you used?

21 A. Yes.

22 Q. Okay. I'll ask it again. Do you recall

23 which product you used on Mrs. Madsen 

24 2016?

Page 8

1 A. The transobturator system.

2 Q. And does that transobturator system have a

3 particular name?

4 A. I think Augment TO.

5 Q. I believe that word there is Align.

6 A. Align TO.

7 Q. Okay. So just so I have a very clean

8 record --

9 A. Sure.

10 Q. Sometimes legal proceedings can be very

11 boring. Okay? Sorry for that. I appreciate your

12 patience.

13 Do you recall which product you used on

14 Mrs. Madsen 2016?

15 A. The Align TO.

16 Q. And TO stands for what?

17 A. Transobturator.

18 Q. Who manufactures the Align TO?

19 A. Bard.

20 Q. Another thing that I want you to understand

21 about today is that we need your deposition to

22 essentially obtain the facts relating to your care

23 and treatment of Mrs. Madsen. It's the primary

24 purpose. Okay?

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 3 of 47 PageID #:873
PohlmanUSA Court Reporting (877) 421-0099

3 (Pages 9 to 12)

Page 9

1 Have you ever been deposed before?

2 A. Yes.

3 Q. How many times?

4 A. Twice.

5 Q. Okay. Then I won't belabor the formal

6 rules of interacting during a deposition, but there

7 is one that I want to make clear on the record. If

8 I ask you a question and you answer it, it will be

9 assumed that you understood the question. Okay?

10 A. Yes.

11 Q. And the corollary of that is true as well.

12 If at any time I ask you a question that you don't

13 understand, because I ask a lot of bad questions,

14 feel free to ask me to clarify, rephrase, or explain

15 my question to you. Okay?

16 A. Sure.

17 Q. So you said you have been deposed twice

18 before?

19 A. Um-hum.

20 MR. VEZINO: Is that a yes?

21 THE WITNESS: Yes.

22 BY MR. KRAMER:

23 Q. In either of those circumstances, did your

24 testimony relate to a pelvic mesh product?

Page 10

1 A. No.

2 Q. So you've never testified as a pelvic mesh

3 implanting surgeon?

4 A. No.

5 Q. You've never testified as a pelvic mesh

6 explanting surgeon?

7 A. What is explanting?

8 Q. Like excising or --

9 A. No.

10 Q. -- removing.

11 Have you ever testified live at trial?

12 A. No.

13 Q. Have you ever been retained as an expert

14 witness?

15 A. No.

16 Q. Did you bring any materials with you here

17 today?

18 A. No, I did not.

19 Q. Did you review any documents to prepare for

20 your deposition today?

21 A. Just the medical records.

22 Q. Which medical records specifically?

23 A. The patient Veronica Madsen's office

24 visits, operative report, and the postop visit.

Page 11

1 Q. I saw you thumbing through the records as

2 you walked in today.

3 Had you looked at them before that moment

4 in time to prepare for your deposition?

5 A. Yes.

6 Q. And, now, I don't want to know anything --

7 any of the content of any conversations between you

8 and your lawyer if those, in fact, took place.

9 Okay?

10 A. Yes.

11 Q. Did you meet with your attorney to prepare

12 for your deposition today?

13 A. No.

14 Q. All right. You are represented by counsel

15 today?

16 A. Yes.

17 Q. What is your counsel's name?

18 A. Patrick Vezino.

19 Q. You said that you have a CV, but you forgot

20 to bring it; isn't that right?

21 A. Yes.

22 Q. Is the CV that you have on file up to date?

23 A. Yes.

24 Q. Are there any lectures that you plan to

Page 12

1 give that will eventually be incorporated into your

2 CV?

3 A. No.

4 Q. Are there any drafts of publications that

5 you may incorporate at some point in time into your

6 CV?

7 A. No.

8 Q. Is there any research that you're doing

9 that has not yet reached the journal-drafting stage

10 that may at some point be incorporated into your CV?

11 A. No.

12 Q. We are going to ask that you produce a copy

13 of your CV to your attorney, Mr. Vezino. Okay?

14 A. Okay.

15 Q. So let's go ahead and take a look at what

16 was previously marked as Exhibit No. 1. You said

17 you had some time to look through that.

18 Does it appear to be a complete set of your

19 medical office chart relating to your treatment of

20 Mrs. Madsen?

21 A. Yes.

22 Q. Does it appear to be an accurate copy of

23 your office medical chart for the care and treatment

24 of Mrs. Madsen?

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 4 of 47 PageID #:874
PohlmanUSA Court Reporting (877) 421-0099

4 (Pages 13 to 16)

Page 13

1 A. Yes, except I made a phone call to her and

2 I didn't see the contents of the phone call here.

3 Q. Is that something that you are certain you

4 noted in your medical chart?

5 A. I'm not sure either, sir.

6 Q. Are the medical records in Exhibit No. 1

7 records that would be generated regularly by your

8 medical practice in the normal course of its

9 operation while treating patients?

10 A. I'm sorry. Could you rephrase that

11 question?

12 Q. Yeah. So while you're treating patients in

13 the normal course of your medical practice, do you

14 generate medical records like those in Exhibit

15 No. 1?

16 A. Yes.

17 Q. And have you personally authored many of

18 the records within Exhibit No. 1?

19 A. Yes.

20 Q. So is it fair to say that you know how

21 medical records of the type in Exhibit No. 1 are

22 created in the normal course of your medical

23 office's operation?

24 A. Yes.

Page 14

1 Q. And would all the medical records listed in

2 Exhibit No. 1 have been generated near in time to

3 when you saw Mrs. Madsen?

4 A. Yes.

5 Q. Doctor, do you have an independent

6 recollection of Mrs. Madsen?

7 A. Yes.

8 Q. Do you have an independent recollection of

9 the conversations that you had with her?

10 A. Yes.

11 Q. Okay. So you're not just relying on the

12 medical records to provide you with the most

13 accurate details of any conversations you would have

14 had with Mrs. Madsen? Is that accurate?

15 MR. KEDZIORA: Objection. Form.

16 THE WITNESS: I'm sorry.

17 MR. VEZINO: You can answer the question if

18 you understand it.

19 BY MR. KRAMER:

20 Q. It was a poorly worded question. I can

21 reask it.

22 Because you do have an independent

23 recollection of conversations that you have had with

24 Mrs. Madsen, will you be relying only on your

Page 15

1 medical records to provide the most accurate details

2 of conversations that you had with Mrs. Madsen?

3 A. No.

4 Q. Do you recall the first date that you saw

5 Mrs. Madsen for treatment in your office?

6 A. Yes.

7 Q. What was that date?

8 A. I believe it was 2015.

9 Q. Do you recall how Mrs. Madsen first came to

10 see you?

11 A. With heavy menstrual cycles and urinary

12 incontinence and prolapse.

13 Q. Well, my question was a little different.

14 You answered the question why did she come to see

15 you, and I guess I was looking for information as to

16 was she referred to you by someone you know? Or do

17 you have any recollection as to how Mrs. Madsen came

18 to see you?

19 A. My -- the record here states that "Referred

20 here for incontinence, prolapse and heavy periods."

21 Q. And do you remember the name of the doctor

22 that referred her to you?

23 A. No, I don't.

24 Q. Do you recall the last time you provided

Page 16

1 any medical care to Mrs. Madsen?

2 A. No.

3 Q. Would that be reflected in your office

4 chart?

5 A. Yes.

6 Q. So go ahead and take a minute to ascertain

7 that date, and let me know when you have it. I'll

8 reask the question. Actually could we go off the

9 record for a second?

10 (Discussion off the record.)

11 BY MR. KRAMER:

12 Q. Doctor, do you recall the last time you

13 provided any medical care to Mrs. Madsen?

14 A. Yes.

15 Q. And what was that date?

16 A. 2016.

17 Q. So you saw Mrs. Madsen between 

18 2016, and 2016; is that right?

19 A. Yes.

20 Q. Is it fair to say that you treated

21 Mrs. Madsen for a very specific issue?

22 A. Yes.

23 Q. Now, let's go into that first office visit

24 on Page 1 of your medical chart.

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 5 of 47 PageID #:875
PohlmanUSA Court Reporting (877) 421-0099

5 (Pages 17 to 20)

Page 17

1 You said that you saw Mrs. Madsen on

2 2015, for the first time.

3 Does that mean that you personally saw her

4 on that date?

5 A. Yes.

6 Q. How old was Mrs. Madsen at that visit?

7 A. 48.

8 Q. What were her chief complaints that caused

9 her to seek your treatment?

10 A. Heavy periods, vaginal bleeding, and

11 fibroids.

12 Q. Did she have any urinary symptoms?

13 A. And urinary incontinence.

14 Q. What is urinary incontinence?

15 A. Involuntary loss of urine.

16 Q. Are there different types of urinary

17 incontinence in women?

18 A. Yes.

19 Q. What are those types?

20 A. Broadly categorizing, stress, overflow, or

21 urge.

22 Q. What kind of incontinence was Mrs. Madsen

23 complaining of at this initial 2015,

24 visit?

Page 18

1 A. Stress urinary incontinence.

2 Q. What specifically is stress urinary

3 incontinence?

4 A. Leakage of urine on exertion, coughing,

5 sneezing.

6 Q. Did Mrs. Madsen report any urgency-type

7 incontinence?

8 A. No, she did not.

9 Q. Did Mrs. Madsen report any type of

10 incontinence other than stress urinary incontinence

11 on 2015?

12 A. No.

13 Q. You said that she also presented with

14 fibroids?

15 A. Yes.

16 Q. What are fibroids?

17 A. Fibroids are benign, smooth muscle --

18 uterine smooth muscle growths in the uterus.

19 Q. You also mentioned that Mrs. Madsen had

20 vaginal bleeding.

21 Did she describe the severity of her

22 vaginal bleeding for you at this initial visit?

23 A. Yes.

24 Q. And what did she say?

Page 19

1 A. She's been having irregular menses every 15

2 days with moderate pain during -- during the

3 menstrual cycle.

4 Q. Did you conduct a vaginal pelvic

5 examination of Mrs. Madsen on 2015?

6 A. Yes.

7 Q. What were your findings?

8 A. Normal external genitalia, normal vulva,

9 vagina, cervix, uterus, and adnexa. Normal size

10 uterus. Nontender.

11 Q. So to summarize, would you say it's fair to

12 categorize the vaginal pelvic examination of

13 Mrs. Madsen at this initial visit as normal?

14 A. Yes.

15 Q. Did you find any sign of pelvic organ

16 prolapse that you noted in the record here?

17 A. No, not on that visit.

18 Q. What was your clinical assessment of

19 Mrs. Madsen at this initial visit?

20 A. Abnormal uterine bleeding, pelvic pressure

21 unspecified urinary incontinence, uterine polyps,

22 slash, fibroid.

23 Q. I also noted that you listed pregnancy as

24 part of your assessment of her. I didn't see that

Page 20

1 anywhere else in the medical record. Is this

2 possible this was a false positive?

3 MR. KEDZIORA: Objection. Calls for

4 speculation.

5 THE WITNESS: It's a pregnancy status

6 unknown. I think we do a pregnancy test.

7 That's the reason for the diagnosis -- unknown

8 tests, you have to link the test to a

9 diagnosis.

10 BY MR. KRAMER:

11 Q. All right. I was very confused by that.

12 Thanks for clearing it up.

13 A. Yes.

14 Q. So in your assessment of the patient,

15 Mrs. Madsen, you found uterine polyp or fibroid.

16 Did you take a biopsy of it?

17 A. I did an endometrial biopsy.

18 Q. And if you want to reference the pathology

19 report, it's on Page 25. Okay?

20 MR. KEDZIORA: Counsel, which page are you

21 referring the doctor to?

22 MR. KRAMER: 25.

23 BY MR. KRAMER:

24 Q. Did you detect -- strike that.

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 6 of 47 PageID #:876
PohlmanUSA Court Reporting (877) 421-0099

6 (Pages 21 to 24)

Page 21

1 Did you detect anything on the biopsy

2 removed from Mrs. Madsen at this initial visit?

3 A. No. Normal peripheral endometrium.

4 Q. What is the endometrium?

5 A. Endometrium is the lining of the uterus.

6 Q. What else did you do to treat Mrs. Madsen's

7 symptoms on 2015?

8 A. I didn't treat her symptoms on this visit.

9 Q. I see a list of orders there.

10 A. Yeah, just sent out a urine culture

11 specimen to pathology, and these are the medications

12 she was already on.

13 Q. And what are those medications?

14 A. I believe it's Vitamin C, slash, E and

15 Zyrtec.

16 Q. What is Zyrtec?

17 A. It's an antihistamine medication.

18 Q. So if we go over to Page 4 at the bottom,

19 did you personally see Mrs. Madsen on 

20 2015?

21 A. Yes.

22 Q. What was the purpose for Mrs. Madsen's

23 visit to your office on that day?

24 A. She is following up on her abnormal

Page 22

1 bleeding and urine incontinence.

2 Q. So were those the two primary reasons why

3 you treated Mrs. Madsen --

4 A. Yes.

5 Q. -- during the time you saw her?

6 A. Yes.

7 Q. Did you conduct a vaginal pelvic exam at

8 this visit?

9 A. Yes.

10 Q. Were there any notable findings?

11 A. Yes.

12 Q. What were they?

13 A. She had a cystocele, first degree, and a

14 uterine prolapse, first degree.

15 Q. What does it say there at the end?

16 A. Urethral hypermobility.

17 Q. What is cystocele of the first degree?

18 A. It's a mild prolapse of the bladder.

19 Q. When you say "a mild prolapse of the

20 bladder," do you mean that the bladder sort of

21 protrudes into, falls into the vagina a little?

22 A. Yes.

23 Q. Can that cause urinary incontinence?

24 A. Yes.

Page 23

1 Q. You also detected uterine prolapse. What

2 is uterine prolapse?

3 A. The uterus drops into the vaginal vault.

4 Q. Can that cause incontinence?

5 A. Not by itself per se.

6 Q. And what is urethral hypermobility, the

7 last thing you noted there?

8 A. It's the weak -- it's the weak -- when the

9 patient coughs, you notice that the urethra is

10 deflecting more than a 30-degree angle.

11 Q. The urethra is where the urine comes out of

12 the bladder?

13 A. It's the opening of the bladder.

14 Q. And so can urethral hypermobility cause

15 incontinence?

16 A. Yes.

17 Q. Did you conduct any tests at this

18 2015, visit to explore the nature of

19 Mrs. Madsen's incontinence?

20 A. Yes.

21 Q. What test did you conduct?

22 A. I did a -- evaluated the bladder, total

23 bladder capacity, and demonstrated leakage on

24 coughing and Valsalva, which is exertion.

Page 24

1 Q. So is that an objective test conducted to

2 confirm stress urinary incontinence?

3 A. Yes.

4 Q. Did Mrs. Madsen have any postvoid residual

5 urine after the test?

6 A. She did. Less than five cc's.

7 Q. Is that a normal amount of --

8 A. That's a normal amount.

9 Q. And is postvoid residual the amount of

10 urine that remains in the bladder after someone

11 urinates?

12 A. Yes.

13 Q. At this visit, did you discuss any

14 treatment option with Mrs. Madsen for her urinary

15 incontinence?

16 A. Yes.

17 Q. What treatment did you discuss with her?

18 A. We discussed a hysterectomy, a laparoscopic

19 hysterectomy versus hysteroscopic polypectomy and

20 uterine ablation.

21 Q. And was that for the uterine prolapse

22 problem that she was having?

23 A. Yes.

24 Q. Okay. And so my question was a little bit

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 7 of 47 PageID #:877
PohlmanUSA Court Reporting (877) 421-0099

7 (Pages 25 to 28)

Page 25

1 different.

2 Did you discuss any treatment options with

3 her for her stress urinary incontinence?

4 A. Yes.

5 Q. And what treatment options did you discuss

6 with her for her stress urinary incontinence?

7 A. Mid-urethral sling.

8 Q. Is that the Bard Align Transobturator that

9 we discussed earlier?

10 A. Yes.

11 Q. And you say here in your note that you,

12 quote, discussed risks, benefits, fail rates, and

13 FDA warnings. Did I read that right?

14 A. Yes.

15 Q. Then you go on to say that you, quote,

16 spent 30 minutes showing videos of the sling

17 procedure and explaining the risks to Mrs. Madsen.

18 Did I read that right?

19 A. Yes.

20 Q. Okay. Would you call that annotation of an

21 informed content conversation that you had with

22 Mrs. Madsen?

23 A. Yes.

24 Q. And are doctors required to have informed

Page 26

1 consent conversations with patients before

2 undergoing a contemplated surgical procedure?

3 A. Yes.

4 Q. Can you briefly describe the meaning of the

5 phrase "informed consent"?

6 A. Making a patient aware of the risks of the

7 procedure involved, the benefits of the procedure,

8 and the complications.

9 Q. Okay. And so now I want to unpack that a

10 little bit.

11 A. Sure.

12 Q. As part of an informed consent

13 conversation, you discuss the benefits of a proposed

14 surgical procedure, right?

15 A. Yes.

16 Q. And as a part of the informed consent

17 conversation, another important aspect is that you

18 discuss potential risks of a proposed surgery as

19 well, right?

20 A. Yes.

21 MR. KEDZIORA: Objection. Form.

22 BY MR. KEDZIORA:

23 Q. Is it your habit to inform the patient of

24 all the significant risks that you know about

Page 27

1 related to a particular proposed surgical procedure?

2 A. Yes.

3 Q. Doctor, are you aware that, as part of this

4 lawsuit, the plaintiff is alleging that the

5 Defendant Bard had information related to risks

6 relating to its Align TO product that it did not

7 pass along to the medical community and doctors like

8 yourself?

9 A. I'm sorry. Could you repeat that question?

10 Q. Yeah. Are you aware that the plaintiff, as

11 part of this lawsuit, is alleging that the

12 defendant, C.R. Bard, had information relating to

13 risks of the Align TO device that it did not provide

14 to the medical community including doctors like

15 yourself?

16 A. Not aware.

17 Q. Doctor, would you agree that information

18 you pass along to the patient about risks of a

19 planned surgical procedure like the Align TO can

20 come from a variety of sources?

21 A. Yes.

22 Q. And one of those sources is from the

23 medical device manufacturer itself, correct?

24 A. Yes.

Page 28

1 Q. And are you familiar with the term

2 Instructions For Use?

3 A. Instructions?

4 Q. Instructions For Use.

5 A. Yes.

6 Q. Okay. And so are you aware that the

7 Instructions For Use include within it a set of

8 adverse events, potential risks, complications,

9 things like that?

10 A. Yes.

11 Q. And so it's fair to say that medical device

12 manufacturers like C.R. Bard can communicate risks

13 relating to its device to the medical community via

14 its Instructions For Use document, correct?

15 MR. KEDZIORA: Objection. Form.

16 THE WITNESS: Yes.

17 BY MR. KRAMER:

18 Q. Is it your habit to at some point before

19 using a medical device read the Instructions For

20 Use?

21 A. Not every time.

22 Q. I'm not asking you if you read them every

23 time you use the device. My question was a little

24 different.

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 8 of 47 PageID #:878
PohlmanUSA Court Reporting (877) 421-0099

8 (Pages 29 to 32)

Page 29

1 So is it your habit to read the

2 Instructions For Use for a particular medical device

3 at some point before using it?

4 A. Yes.

5 Q. Let me go ahead and mark a copy of the

6 Align TO IFU that defendants have represented to us

7 was in place at the time of Mrs. Madsen's surgery as

8 Exhibit No. 3.

9 MR. KEDZIORA: I apologize. I just want to

10 state an objection. I'm not sure if this was

11 produced to us pursuant to the PTO48 which

12 requires the plaintiff's counsel to provide

13 exhibits to defense counsel at least 48 hours

14 before the deposition. So I am going to state

15 an objection. I'm going to object to any line

16 of questioning relating to any documents that

17 have not been provided to us.

18 MR. KRAMER: I'm going to respond to that

19 by saying there's no prejudice since this

20 document was released to the public domain, and

21 I'm going to continue with my questions.

22 (Whereupon, Upputuri Exhibit

23 No. 3 was marked for

24 identification.)

Page 30

1 MR. KEDZIORA: I just want to say that I

2 disagree that there was no prejudice, but, of

3 course, counsel can proceed with the

4 deposition.

5 BY MR. KRAMER:

6 Q. So, Doctor, does this look similar to the

7 Instructions For Use for the Align TO that you would

8 have seen at some point in time?

9 A. Approximately, yes.

10 Q. Okay. And if we go over to Page 5 of the

11 document, do you see the Adverse Events section?

12 A. Um-hum.

13 MR. VEZINO: Yes?

14 THE WITNESS: Yes.

15 BY MR. KRAMER:

16 Q. And would you agree that within that

17 Adverse Events section, the manufacturer, C.R. Bard,

18 has listed risks relating to the implantation of the

19 Align TO device?

20 A. Yes.

21 Q. So now I'm going to ask you to take a

22 minute to look over those and draw upon your memory

23 because I would like to ask you for a list of the

24 risks that you would have provided to Mrs. Madsen.

Page 31

1 Okay?

2 Let me know whenever you're ready for me to

3 ask you that question.

4 A. Go ahead.

5 Q. Okay. So what risks would you have told

6 Mrs. Madsen were related to the implantation of the

7 Align TO product?

8 MR. KEDZIORA: Objection. Form.

9 MR. KRAMER: What was wrong with the form?

10 MR. KEDZIORA: You're asking what were the

11 risks that the doctor would tell her about, or

12 are you asking about the specific risks that

13 are listed in this document? It's unclear.

14 BY MR. KRAMER:

15 Q. I'll stand on the question.

16 Do you want me to reask it?

17 A. Yeah. Go ahead please.

18 Q. What risks would you have told Mrs. Madsen

19 were related to implantation of the Align TO device

20 before implantation of it in her?

21 A. All these and a few more.

22 Q. Okay. What were the others, if you can

23 remember? It's important that we get them down.

24 A. Groin pain.

Page 32

1 Q. What do you mean by growing pain? Oh,

2 groin pain?

3 A. Groin pain.

4 Q. Okay. Any others?

5 A. Dyspareunia and infections.

6 Q. When you say "infections," what do you

7 mean?

8 A. Any time you implant a foreign body,

9 there's always a risk of infection.

10 Q. So, again, I want to make sure that we've

11 discussed all of the risks that you would have

12 provided to Mrs. Madsen prior to implantation of the

13 Align TO.

14 Are you sure that we've discussed all of

15 those risks?

16 A. I think most of it, to the best of my

17 memory.

18 Q. Okay. Is there anything else that's coming

19 to mind right now that you would like to add to our

20 list that we've made?

21 A. No.

22 Q. Okay. And, Doctor, I want to ask you to

23 verify a few things for me.

24 In any of the risks listed here on Page 5

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 9 of 47 PageID #:879
PohlmanUSA Court Reporting (877) 421-0099

9 (Pages 33 to 36)

Page 33

1 of the Align TO IFU within the Adverse Events

2 section, is there any risk rate information observed

3 in the medical literature that relate to each of the

4 specific risks listed?

5 A. Yes.

6 Q. There is?

7 A. Approximate risks.

8 Q. What is approximate risks?

9 A. I think bladder perforation. There's a

10 number --

11 Q. I think we are misunderstanding one

12 another.

13 So within the Adverse Events section of the

14 Align TO IFU, does C.R. Bard list any of the rates

15 that have been observed in the medical literature

16 for any of the risks listed within that section?

17 A. No.

18 Q. And, similarly, within the Adverse Events

19 section, is there any specific language used to

20 denote the possible duration of any of the risks

21 that are listed there?

22 A. No.

23 Q. Doctor, are the rates at which particular

24 risks have been observed to occur in the medical

Page 34

1 literature important to an informed consent

2 conversation?

3 A. Yes.

4 Q. And are the rates at which particular risks

5 occur in the medical literature important to your

6 decision of whether or not to even use a particular

7 product?

8 A. Yes.

9 Q. If Bard had included risk rates for any of

10 the risks listed in the Adverse Events section of

11 the Align TO IFU, would you have passed that

12 information along to Mrs. Madsen?

13 A. Yes.

14 Q. And what do you consider an acceptable rate

15 of risk -- strike that.

16 What do you consider an acceptable risk

17 rate of a particular complication for a particular

18 medical device that you would be willing to use?

19 A. Less than two to three percent.

20 Q. Okay. So now, if Bard had included within

21 this Adverse Events section any risk rates above

22 three percent for any of the risks listed here,

23 would that have impacted your decision to use the

24 Align TO device?

Page 35

1 A. Yes.

2 Q. Doctor, did you know that a director of

3 research and development at Bard in September of

4 2008 concluded the mesh products that were designed

5 as of that September 2008 date were overengineered

6 with regard to strength for their biologic

7 requirement?

8 MR. KEDZIORA: Objection. Form.

9 THE WITNESS: No.

10 BY MR. KRAMER:

11 Q. So no representative of Bard ever told you

12 that their director of research and development felt

13 the mesh products on the market at the time were

14 overengineered with regard to strength for the

15 biologic requirement?

16 A. No.

17 Q. Did anyone from -- strike that.

18 Would you have liked to have known that a

19 director of research and development at Bard was

20 stating that the mesh products on the market were

21 overengineered with regard to strength for their

22 biologic requirement?

23 A. Yes.

24 Q. Would that have impacted your decision to

Page 36

1 use the Bard device?

2 A. Yes.

3 Q. Doctor, did anyone from Bard ever tell you

4 that the director of research and development in

5 September of 2008 concluded the pore size of mesh on

6 the market resulted in a formation of a scar plate

7 that was rigid and does not integrate well over time

8 with the host tissue?

9 MR. KEDZIORA: Counsel, before we proceed,

10 I'm just going to state an objection. Again, I

11 believe you're referring to corporate documents

12 that have not been marked as an exhibit, but

13 the PTO required -- PTO48 required the

14 plaintiff's counsel to provide any corporate

15 documents that will be used at the depositions

16 to defense counsel at least 48 hours before the

17 deposition. They have not been produced so,

18 again, I'm objecting to any line of questioning

19 about those documents.

20 And can we agree that I have a standing

21 objection relating to any questions that you

22 may have that relate to corporate documents

23 that have not been provided to us?

24 MR. KRAMER: We can agree to your standing

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 10 of 47 PageID #:880
PohlmanUSA Court Reporting (877) 421-0099

10 (Pages 37 to 40)

Page 37

1 objection.

2 Your objection is noted for the record.

3 I would also like for the record to reflect

4 that I'm not showing anyone the documents that

5 I am referencing.

6 What was the last question that I asked

7 please?

8 (Record read as requested.)

9 THE WITNESS: No.

10 BY MR. KRAMER:

11 Q. Would you have liked to have known that in

12 September of 2008 a director of research and

13 development at Bard concluded that the pore size of

14 mesh on the market resulted in the formation of a

15 scar plate that's rigid and does not integrate well

16 over time with the host tissues?

17 A. Yes.

18 Q. Would that information have impacted your

19 decision to use the Bard Align TO?

20 A. Yes.

21 Q. Did anyone at Bard ever tell you that a

22 director of research and development at Bard

23 September of 2008 concluded that the design of a

24 more light-weight open-pore mesh was needed?

Page 38

1 A. No.

2 Q. And if someone at Bard had told you that a

3 director of research and development at Bard in

4 September of 2008 concluded that the company needed

5 to design a more light-weight open core mesh than

6 what was currently on the market, would that have

7 impacted your decision to use the Align TO product?

8 A. Yes.

9 Q. Did anyone from Bard ever tell that a

10 director of research and development at Bard in

11 September of 2008 concluded that the shrinkage rate

12 for mesh postimplantation is between 30 and 50

13 percent?

14 A. No.

15 Q. And if someone at Bard had told you that

16 the shrinkage rate for mesh on the market was

17 between 30 and 50 percent, would that have impacted

18 your decision to use the Bard Align TO?

19 A. Yes.

20 Q. Doctor, did anyone from Bard prior to your

21 implantation of the Align TO in Mrs. Madsen ever

22 tell you that the polypropylene used in the device

23 was specifically not for use in medical applications

24 involving permanent implantation in the human body?

Page 39

1 A. No.

2 Q. If someone from Bard had told you that the

3 polypropylene in the Align TO was specifically not

4 to be used in medical applications involving

5 permanent implantation in the human body, would that

6 have impacted your decision to use the device?

7 A. Yes.

8 Q. And if we go back to the Align TO IFU on

9 Page 5, Dr. Upputuri, does it say anywhere within

10 the Adverse Events section that the Bard Align TO

11 product creates a scar plate that is rigid,

12 preventing the product from integrating well over

13 time with the host tissue?

14 A. No.

15 Q. If that information had been included in

16 the Bard Align TO IFU, is that information you would

17 have passed along to Mrs. Madsen?

18 A. Yes.

19 Q. Doctor, same question, Page 5, within the

20 Adverse Events section of the Bard Align TO IFU is

21 mesh shrinkage of 30 percent to 50 percent

22 postimplantation directly resulting in scar plate

23 formation listed within that Adverse Events section?

24 A. No.

Page 40

1 Q. If that information had been included in

2 the Adverse Events section, would you have passed

3 that along to Mrs. Madsen?

4 A. Yes.

5 Q. Does it indicate anywhere within the IFU,

6 period, that the polypropylene used to create the

7 Align TO product was not indicated for permanent

8 human implantation?

9 A. No.

10 Q. And if that information had been included

11 somewhere in the IFU for the Align TO, would you

12 have passed that information along to Mrs. Madsen?

13 A. Yes.

14 Q. Okay. How about we return to your medical

15 treatment of Mrs. Madsen.

16 A. Sure.

17 Q. Go over to Page 11. And, Doctor, given the

18 information that was available on the market at the

19 time, were you able to eventually obtain

20 Mrs. Madsen's consent to perform surgery on her?

21 A. Yes.

22 Q. What surgical procedure specifically did

23 you conduct on Mrs. Madsen?

24 A. Transobturator mid-urethral sling.

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 11 of 47 PageID #:881
PohlmanUSA Court Reporting (877) 421-0099

11 (Pages 41 to 44)

Page 41

1 Q. And that was with the Align TO product?

2 A. Yes.

3 Q. What was the date of the implantation

4 surgery?

5 A. 2016.

6 Q. On 2016, did you perform that

7 Align TO implantation as you were trained to perform

8 it?

9 A. Yes.

10 Q. Did Bard train you how to perform the Align

11 TO implant?

12 A. No.

13 Q. Did you learn how to implant the Bard Align

14 TO as part of your medical residency?

15 A. Yes.

16 Q. Did the implantation of the Bard Align TO

17 go as planned?

18 A. Yes.

19 Q. Were there any complications during the

20 Bard Align TO implantation surgery you performed on

21 Mrs. Madsen 2016?

22 A. No complications.

23 Q. Go over to the next page. Do you see the

24 follow-up note at the bottom? Do you see it?

Page 42

1 A. Yes.

2 Q. Doctor, did you see Mrs. Madsen on

3 2016, the next day after her surgery?

4 A. Yes.

5 Q. Did she report any vaginal bleeding on that

6 day?

7 A. Pink discharge.

8 Q. I'm sorry. Where are you on the document?

9 A. On Page 13.

10 Q. Oh.

11 A. At the bottom.

12 Q. If we go back to Page 12, do you see the

13 subjective?

14 A. Page 12?

15 Q. Because I was asking specifically what she

16 reported.

17 So let's go back, and I'll reask the

18 question. Okay?

19 Doctor, did Mrs. Madsen report any vaginal

20 bleeding on 2016, the day after her

21 surgery?

22 A. Yes.

23 Q. How did she describe it?

24 A. Two episodes of vaginal bleeding with

Page 43

1 small, dime-size clots, dark clots, no bright-red

2 bleeding.

3 Q. Did you conduct a vaginal pelvic exam on

4 that day?

5 A. Yes.

6 Q. And what were your findings?

7 A. The suburethral area was intact with no

8 bleeding. It was clean and dry. Trace blood noted

9 at the cervical opening but no active bleeding.

10 Q. Given --

11 A. No.

12 Q. I'm sorry.

13 A. No bleeding on Valsalva or coughing.

14 Q. Given that Mrs. Madsen just had a

15 hysterectomy -- I'm sorry. Strike that.

16 Given that Mrs. Madsen just had vaginal

17 surgery, did your pelvic examination reveal anything

18 unusual?

19 A. No.

20 Q. What was your plan for the treatment of

21 Mrs. Madsen on this 2016, visit date?

22 A. To ambulate throughout the course of the

23 day, and if there's no bleeding, we'll discharge the

24 patient home.

Page 44

1 Q. Did you see Mrs. Madsen again

2 postoperatively?

3 A. Yes.

4 Q. What day did you next see Mrs. Madsen?

5 A. 2016.

6 Q. Now, the record on Page 13 that we are

7 looking at says 2016. But if you go

8 over to Page 13 -- I'm sorry. If you go over to --

9 if you go over to Page 17, you reference a visit of

10 2016. Do you see that?

11 A. Page 17. Yes.

12 Q. And it looks like this office visit on

13 Page 17 happened 2016, right?

14 A. Yes.

15 Q. And so if we go back now to Page 13, do you

16 think that, although the record signed on Page 13

17 was signed 2016, it was actually

18 generated from a 2016, office visit?

19 A. Yes. It's possible.

20 Q. Okay. Do you want to take a minute to

21 refresh these records side by side, and maybe it

22 will refresh your recollection. I just want the

23 record to be clear.

24 A. Yes.

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 12 of 47 PageID #:882
PohlmanUSA Court Reporting (877) 421-0099

12 (Pages 45 to 48)

Page 45

1 Q. Okay.

2 A. So the first encounter was on 

3 Q. Okay. Great. So I'll go back to the top.

4 When was the first time you saw Mrs. Madsen

5 after your 2016, visit

6 postoperatively?

7 A. 2016.

8 Q. Did you conduct a postoperative exam of

9 Mrs. Madsen in your office on that date?

10 A. Yes.

11 Q. And did Mrs. Madsen have any specific

12 complaints when she presented to you on

13 2016?

14 A. Yes. Lightheadedness, dizziness, shaky,

15 heart palpitations, fever, urinary urgency, pressure

16 in the ear, and vaginal discharge with odor.

17 Q. Okay. So the lightheadedness, dizziness,

18 shakiness, heart palpitations, fever, urinary

19 urgency, pressure in the ear with little hearing, I

20 want to talk about those. Okay?

21 A. Sure.

22 Q. Did you know that the hospital administered

23 Mrs. Madsen a flu shot before she was discharged?

24 A. Yes. That's protocol.

Page 46

1 Q. Okay. Now, those symptoms, the

2 lightheadedness, dizziness, shaky, heart

3 palpitations, fever, urinary urgency, pressure in

4 the ear with little hearing.

5 MR. KEDZIORA: Objection. Compound.

6 BY MR. KRAMER:

7 Q. Those symptoms that I just described, are

8 those flu-like symptoms?

9 A. No.

10 Q. They aren't? What are those symptoms

11 related to, in your opinion, if you have an opinion?

12 A. I was trying to rule out a pulmonary --

13 postop pulmonary embolus.

14 Q. Did you conduct a pelvic exam of

15 Mrs. Madsen on 2016?

16 A. Yes.

17 Q. Strike that.

18 Did you do anything to specifically rule

19 out the pulmonary embolism that you were concerned

20 Mrs. Madsen may have experienced?

21 A. I take it back. My working diagnosis on

22 was postoperative shortness of breath,

23 nonspecific findings. I told her to continue iron

24 twice a day and give her shortness of breath

Page 47

1 precautions.

2 Q. When was the next time you saw Mrs. Madsen

3 after this 2016, visit?

4 A. That's on 2016.

5 Q. Why did Mrs. Madsen return to your office

6 two days later?

7 A. Still heart palpitations, shortness of

8 breath, light spotting, and two out of ten pain in

9 her groin.

10 Q. The two out of ten pain in her groin, is

11 that unusual for the duration of time that had

12 passed since her mesh implant surgery?

13 A. No.

14 Q. And so given her symptoms that she

15 presented with on 2016, what was your

16 main concern?

17 A. Pulmonary embolus was my main concern.

18 Q. Did you do anything on 2016,

19 to specifically rule out a pulmonary embolism in

20 Mrs. Madsen?

21 A. I sent her to the hospital for a stat CT of

22 the chest and also the pelvis.

23 Q. Okay. And I've watched enough of the ER

24 television shows to knows that stat means immediate,

Page 48

1 right?

2 A. Immediate.

3 Q. Okay. So you sent her immediately for a CT

4 scan of her chest to see if there were any pulmonary

5 embolisms located there?

6 A. Yes.

7 Q. And if you go to Page 28, you'll have that

8 CT scan result for reference. Let me know when

9 you're there. Okay?

10 A. Yes.

11 Q. What did the stat CT scan of Mrs. Madsen on

12 2016, reveal?

13 A. Negative for pulmonary embolism or acute

14 cardiopulmonary process. Low density lesion about

15 2.7 by 2.6 milliliters. Possibly complicated cyst

16 or solid lesion. Moderate fluid distension of the

17 endometrial canal measuring 18 millimeters in

18 thickness.

19 Q. And in layman's terms, does that CT scan

20 rule out that Mrs. Madsen had experienced a

21 pulmonary embolism?

22 A. Yes.

23 Q. And was there anything found in this

24 2016, CT scan that helped you to

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 13 of 47 PageID #:883
PohlmanUSA Court Reporting (877) 421-0099

13 (Pages 49 to 52)

Page 49

1 explain the complaints Mrs. Madsen had?

2 A. No.

3 Q. And, as you sit here today, do you know if

4 her complaints ever resolved?

5 A. No.

6 Q. Okay. Were you aware that, in the near

7 term postoperatively, she went back to the emergency

8 room with the same complaint that she presented to

9 you?

10 A. Yes. I think that's the phone call.

11 Q. Do you think Mrs. Madsen experienced

12 anything in the postoperative period that would have

13 increased her risk for mesh complications?

14 MR. KEDZIORA: Objection. Form.

15 THE WITNESS: Can you repeat that question?

16 BY MR. KRAMER:

17 Q. Do you think that Mrs. Madsen experienced

18 anything in the postoperative period that would have

19 increased her risk for mesh complications?

20 MR. KEDZIORA: Same objections.

21 THE WITNESS: No.

22 BY MR. KRAMER:

23 Q. Did you see Mrs. Madsen after

24 2016?

Page 50

1 A. No, no.

2 Q. Do you know how Mrs. Madsen's condition has

3 progressed after 2016?

4 A. No.

5 MR. KRAMER: I'll yield the witness.

6 MR. KEDZIORA: Okay. Can we go off the

7 record for a second?

8 (Recess taken.)

9 EXAMINATION

10 BY

11 MR. KEDZIORA:

12 Q. Good morning, Doctor. My name is Martin

13 Kedziora. I'm an attorney with Greenberg Traurig,

14 and I represent C.R. Bard in this litigation.

15 Today was the first time that we've ever

16 met, correct?

17 A. Yes.

18 Q. Have you ever met any other attorneys for

19 Bard before today?

20 A. No.

21 Q. Have you ever consulted for C.R. Bard?

22 A. No.

23 Q. And counsel asked you before whether you

24 have been deposed, and you've said you have been

Page 51

1 deposed twice before?

2 A. Yes.

3 Q. What was the nature of the cases in which

4 you were deposed?

5 A. Case one was from a second year of

6 residency. I was a second assist and urethral

7 injury during a C-section.

8 Q. When did you give that testimony that you

9 just talked about? You said it was during your

10 second year of --

11 A. Residency.

12 Q. So when was that?

13 A. My second year of residency was in 2003,

14 and the deposition I believe was in 2007.

15 Q. Were you a party to that case?

16 A. I don't know what that means.

17 Q. Were you being sued as a defendant?

18 A. Initially, and then they dropped me.

19 Q. And do you remember the plaintiff's name?

20 A. No, I don't.

21 Q. Do you have a copy of the deposition

22 transcript in your possession?

23 A. No, I don't.

24 Q. Okay. And how about the other case?

Page 52

1 A. It was a case against the company that

2 makes Interceed adhesion barrier device.

3 Q. I'm sorry. What is that?

4 A. Adhesion barrier device. The patient had a

5 complication in a prior C-section, and I did the

6 repeat C-section. They deposed me to discuss my

7 intraoperative findings.

8 Q. And when did you give that testimony in

9 that case?

10 A. I think 2012 or 2013.

11 Q. And were you being sued or named as a

12 defendant in that case?

13 A. No.

14 Q. And do you have a copy of the deposition

15 transcript?

16 A. No, I don't.

17 Q. So you were just a fact witness in both of

18 these cases?

19 A. Yes.

20 Q. You were not an expert?

21 A. No.

22 Q. You're here today simply in your capacity

23 as a treating physician; is that correct?

24 A. Yes.

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 14 of 47 PageID #:884
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

14 (Pages 53 to 56)

Page 53

1 Q. You're not an expert?

2 A. No.

3 Q. You're here as a fact witness who provided

4 care and treatment to Mrs. Madsen in this case,

5 correct?

6 A. Yes.

7 Q. Do you consider yourself as an expert

8 witness for any party in this case?

9 A. No.

10 Q. Have you been asked by any party to serve

11 as an expert witness in this case?

12 A. No.

13 Q. Did you speak with anyone about this

14 deposition before today?

15 A. Yes.

16 Q. Who did you speak to?

17 A. Patrick Vezino.

18 Q. Other than your attorney, have you spoke to

19 anyone else about this deposition prior to today?

20 A. Yes.

21 Q. Who else did you speak to?

22 A. Practice manager.

23 Q. And what is the practice manager's name?

24 A. Theresa Belmonte.

Page 54

1 Q. And is she part of your practice?

2 A. Yes.

3 Q. And what did you discuss with Theresa?

4 A. The logistics of scheduling the...

5 Q. Did you have any substantive conversations

6 with her about the deposition?

7 A. Not --

8 MR. VEZINO: In terms of the subject

9 matter?

10 BY MR. KEDZIORA:

11 Q. Subject matter.

12 A. I think briefly.

13 Q. Okay. If you can tell me generally what

14 was the nature of the discussion?

15 A. I think she said that Dr. Kegan also was

16 involved.

17 Q. I'm sorry. Dr. who?

18 A. Kegan.

19 Q. And who is Dr. Kegan?

20 A. Dr. Kegan is urogynecologist at Prentice.

21 Q. And what's your understanding as to how is

22 Dr. Kegan involved in this matter?

23 A. That the patient followed up with Dr. Kegan

24 for more treatment.

Page 55

1 Q. Is it possible that you're referring to

2 Dr. Kenton?

3 A. You're right, Dr. Kenton. I apologize.

4 Q. That's fine. I just want to make sure we

5 are on the same page. So it was Dr. Kenton that you

6 just referred to?

7 A. Yes.

8 Q. So what else -- strike that.

9 Have you discussed anything else with --

10 with your practice manager?

11 A. No. I was wondering if -- if -- I was just

12 curious as to what -- what treatment she got because

13 I was under the impression that everything went well

14 because patient never followed up. And I was

15 surprised to hear that she needed more treatment.

16 Q. So that's something that you've learned

17 from your practice manager?

18 A. Yes.

19 Q. Did she show you any records at all?

20 A. No.

21 Q. Other than your records?

22 A. No.

23 Q. So you haven't seen any records from

24 Dr. Kenton?

Page 56

1 A. She said that there was something scanned

2 in, but I'm not sure if I looked at it or not. I

3 can't recall.

4 Maybe I might have looked at a one-page --

5 our systems are not linked. I don't know how we got

6 it. So we are talking about how eventually we

7 should be able to see when all the systems are

8 integrated.

9 Q. Have you received any payment from the

10 plaintiff's counsel or counsel's office in

11 connection with this case?

12 A. Yes.

13 Q. And what payment did you receive?

14 A. Two checks. A $40 check for medical

15 records and a $2400 check today.

16 Q. And that check was for your time sitting at

17 the deposition today?

18 A. Yes.

19 Q. Did you receive any other payment -- strike

20 that.

21 What were you asked to do in exchange for

22 the payment that you received from plaintiff's

23 counsel's office?

24 A. Just spend time for deposition.

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 15 of 47 PageID #:885
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

15 (Pages 57 to 60)

Page 57

1 Q. That's it?

2 A. That's it.

3 Q. I'm going to mark the Cross Notice of

4 Deposition of Dr. Upputuri as Exhibit -- what number

5 are we?

6 THE REPORTER: 4.

7 BY MR. KEDZIORA:

8 Q. As Exhibit 4.

9 (Whereupon, Upputuri Exhibit

10 No. 4 was marked for

11 identification.)

12 BY MR. KEDZIORA:

13 Q. Doctor, have you seen this Cross Notice of

14 Deposition before today?

15 A. Yes.

16 Q. And there is a rider. We call it a rider,

17 but it's an Exhibit A, which lists certain

18 categories of documents that we ask you to bring to

19 the deposition today.

20 Have you seen the list before?

21 A. No.

22 Q. So you didn't go over it.

23 Let me ask you this: Have you brought any

24 documents to the deposition with you today?

Page 58

1 A. No.

2 Q. So I'm just going to go over these very --

3 I'm going to try to go over them briefly. I am just

4 trying to determine if there are any other documents

5 that you may have that we haven't received. Okay?

6 So if you can go to the next page, Page 2,

7 Request No. 1 asks you to bring your CV, which you

8 didn't, but you testified, I believe, that you have

9 it, and we ask that you produce it to us.

10 With respect to the records for

11 Ms. Veronica Madsen, other than the records that

12 were produced by the hospital to us, would you be in

13 possession of any other medical records?

14 A. No.

15 Q. Would you have any documents in your

16 possession, custody, or control that relate to

17 claims or defenses in this litigation?

18 A. No.

19 Q. Other than the medical records that were

20 produced to us, do you have any notes or charts

21 created by you that summarize the medical history of

22 the plaintiff?

23 A. No.

24 Q. Have you ever taken any photographs of the

Page 59

1 plaintiff that you may still maintain?

2 A. No.

3 Q. Have you ever corresponded by either e-mail

4 or in writing with plaintiff or anyone in

5 plaintiff's family?

6 A. No.

7 Q. Did you rely on any medical literature,

8 treatises in treating Ms. Madsen's condition?

9 A. Yes.

10 Q. What are they?

11 A. Journals, textbooks, websites.

12 Q. Did you consult them specifically as they

13 may relate to your treatment of Ms. Madsen or just

14 generally as part of your education?

15 A. Generally as part of my education.

16 Q. Okay. Do you have in your possession any

17 documents regarding Bard or the Bard's product at

18 issue in this case which is the Align sling, which

19 may include any e-mails, text messages, Tweets,

20 Internet posts, journal articles, any sort of --

21 that type of documents?

22 A. I don't have it in my possession, but I --

23 the video I show patients is the animation video

24 that Bard shows on the website. I also refer the

Page 60

1 patient to the Bard website where I show them the

2 product I'm going to use.

3 Q. I'm going to ask you a few more questions

4 about that later.

5 Have you issued any invoices or statements

6 or bills to plaintiff's counsel in this litigation?

7 A. Could you repeat that question?

8 Q. Yes, of course. Have you or your office

9 issued any invoices or statements or bills to

10 plaintiff's counsel --

11 A. No.

12 Q. -- who sits here today with us?

13 Okay. Do you maintain any journals,

14 diaries of your treatment of patients other than the

15 official medical records?

16 A. No.

17 Q. Do you maintain a separate account or

18 appointment books that may not have been produced to

19 us?

20 A. No.

21 Q. Have you received any documents at all from

22 plaintiff's counsel prior to the deposition today?

23 A. Patient's medical records and the subpoena.

24 Q. So you received a subpoena from the

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 16 of 47 PageID #:886
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

16 (Pages 61 to 64)

Page 61

1 plaintiff's counsel's firm?

2 A. I think so.

3 Q. Okay. And you also received medical

4 records, you said?

5 A. Maybe not the medical records. Just the

6 subpoena.

7 Q. Just the subpoena?

8 A. And the check.

9 Q. Do you keep an accounting of your time that

10 you spend to prepare for a deposition?

11 A. No.

12 Q. So you wouldn't have any documents of your

13 time entries?

14 We, as lawyers, we enter our time into the

15 billing system.

16 Is that something that you need to do?

17 A. No, I don't.

18 Q. Okay. So you wouldn't have any records of

19 your time that you may have spent to prepare for the

20 deposition today?

21 A. No.

22 Q. Okay. Okay. That's all. So we've covered

23 all the categories in the Cross Notice of

24 Deposition.

Page 62

1 Have you at any time received a copy of the

2 complaint that Ms. Madsen has filed against Bard in

3 this litigation?

4 A. Yes.

5 Q. When did you receive it?

6 A. I can't recall the date, but it was in the

7 past three months.

8 Q. And who did you receive it from?

9 A. The plaintiff's attorney.

10 Q. So plaintiff's attorney has provided a copy

11 of the complaint to you?

12 A. Yes.

13 Q. What else did he provide to you?

14 A. A check for $40.

15 Q. Okay.

16 A. And a check today.

17 Q. Okay. Anything else?

18 A. No.

19 Q. So have we now covered everything you have

20 reviewed, received, or analyzed in connection with

21 this case prior to today?

22 A. Yes.

23 Q. All right. Doctor, what I'm going to do

24 next, I'm going to mark the medical records that

Page 63

1 were produced to us as Exhibit 5. They may be

2 identical as plaintiff's counsel has marked

3 previously, but I cannot determine if there are

4 differences. So I'm going to mark them again. And

5 I'm just going to have a few follow-up questions.

6 A. Sure.

7 Q. I'm not trying to repeat questions, but if

8 you feel like I am, that's not my intent. I'm just

9 going to try to fill in some gaps. Okay?

10 MR. KRAMER: He has to make a complete

11 record for himself too. So there probably will

12 be overlap. We appreciate your patience and

13 time.

14 (Whereupon, Upputuri Exhibit

15 No. 5 was marked for

16 identification.)

17 BY MR. KEDZIORA:

18 Q. So for the record, these are the records

19 that were produced to us by Dr. Upputuri's practice.

20 Doctor, you testified earlier today that

21 you first seen Dr. -- I'm sorry -- Ms. Madsen on

22 2015; is that correct?

23 A. Yes.

24 Q. Do you remember who, if anyone, referred

Page 64

1 Ms. Madsen to you?

2 A. No.

3 Q. Do you recall why she was referred to you?

4 MR. KRAMER: Objection. Form. Foundation.

5 THE WITNESS: For incontinence, prolapse,

6 heavy periods, fibroids.

7 BY MR. KEDZIORA:

8 Q. Doctor, what are the symptoms of an

9 incontinence?

10 A. Involuntary loss of urine.

11 Q. Is that something that -- involuntary loss

12 of urine -- that Ms. Madsen reported to you during

13 that initial visit?

14 A. Yes.

15 Q. And if I can point you to your records,

16 it's on Page 1 in the middle of the page, and there

17 is a description of the urinary incontinence

18 starting with "Patient is also having urinary

19 leakage." Do you see that, Doctor?

20 A. Um-hum.

21 Q. What type of urinary incontinence did

22 Ms. Madsen report to you on 2015?

23 A. Stress urinary incontinence.

24 Q. And how would you characterize "stress

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 17 of 47 PageID #:887
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

17 (Pages 65 to 68)

Page 65

1 urinary incontinence"?

2 A. Leakage of -- involuntary loss of urine

3 during exertion, coughing, sneezing.

4 Q. Other than sneezing, coughing, is there

5 anything else that you wrote down in your record

6 that I just pointed to from that initial visit on

7 2015?

8 A. Laughing and climbing stairs.

9 Q. If you just follow down in the same

10 paragraph, you also noted that Ms. Madsen denied

11 nocturia. What's nocturia, Doctor?

12 A. Urination at night.

13 Q. So Ms. Madsen reported to you that she was

14 having urinary leakage of coughing, sneezing,

15 laughing, climbing stairs, correct?

16 A. Yes.

17 Q. Do you recall if those symptoms affected

18 the quality of life of Ms. Madsen?

19 A. Yes.

20 Q. And if I can point you to your record again

21 on Page 1, it states -- the record states, "Symptoms

22 impair her quality of life significantly." Do you

23 see that, Doctor?

24 A. Yes.

Page 66

1 Q. Did I read that correctly?

2 A. Yes.

3 Q. What did you mean when you said in the

4 record that those symptoms impaired Ms. Madsen's

5 quality of life significantly?

6 A. Usually people can't function. They can't

7 go to a social event -- an example would be you

8 can't go to a party without worrying about losing

9 urine in the middle of the party.

10 Q. Is there any other way in which urinary

11 incontinence may impair the quality of life of the

12 patient?

13 A. If it's a chronic incontinence, you could

14 have perineal irritation.

15 Q. So it was your understanding that prior to

16 2015, Ms. Madsen has had urinary

17 leakage symptoms that affected her life

18 significantly, correct?

19 A. Yes.

20 Q. Doctor, if we can turn to Page 2, you've

21 testified before that you've performed a pelvic exam

22 of -- on Ms. Madsen on that day. What was your

23 diagnosis from 2014 [sic]?

24 MR. KRAMER: Objection. Form.

Page 67

1 Mischaracterizes the documents.

2 THE WITNESS: Abnormal bleeding, pressure,

3 unspecified urinary incontinence, uterine

4 polyps, slash, fibroid.

5 BY MR. KEDZIORA:

6 Q. Doctor, do you recall whether Ms. Madsen

7 had prior to coming to visit with you on

8 2014, [sic] a procedure called Burch

9 procedure?

10 A. Yes.

11 Q. So did Ms. Madsen have a Burch procedure

12 prior to coming to see you on 2015?

13 A. Yes.

14 Q. What's Burch procedure?

15 A. It's a technique where you attach the

16 Cooper's ligament -- give support of the Cooper's

17 ligament by placing stitches into the periosteum of

18 the bone.

19 Q. What condition is that procedure supposed

20 to treat?

21 A. Urinary incontinence.

22 Q. So it was your understanding that

23 Ms. Madsen had that procedure done prior to coming

24 to see you in of 2015, correct?

Page 68

1 A. Yes.

2 Q. When did she have that procedure done?

3 A. I believe it was 2002.

4 Q. So that was about 13 years prior to

5 coming --

6 A. Yes.

7 Q. -- to see you?

8 What does it tell you if somebody had the

9 Burch procedure that long ago and the patient still

10 experiences urinary leakage? Does it have any

11 consequence?

12 A. What do you mean by "consequence"?

13 Q. Strike that question.

14 If Ms. Burch [sic] -- if Ms. Madsen had a

15 Burch procedure in 2002, it -- does it mean that she

16 had urinary incontinence around that time?

17 A. Yes.

18 Q. Does it also mean that the Burch procedure

19 doesn't completely resolve the symptoms?

20 A. It didn't resolve the symptoms.

21 Q. It didn't or --

22 A. It did not.

23 Q. It did not. So it means that Ms. Madsen

24 has had an incontinence problem since at least 2002

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 18 of 47 PageID #:888
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

18 (Pages 69 to 72)

Page 69

1 if not prior to that?

2 A. Yes.

3 Q. What is the next date that you saw

4 Ms. Madsen after your initial visit on

5 -- I'm sorry -- [sic] 

6 2015?

7 MR. VEZINO: You mean 

8 MR. KEDZIORA: Yes. I apologize.

9 BY MR. KEDZIORA:

10 Q. After 

11 A. 

12 Q. And what was the reason for the visit on

13 2015?

14 A. She was following up on her -- on her

15 abnormal bleeding and the biopsy and to have bladder

16 measurements for urinary incontinence.

17 Q. Doctor, if we can turn to Page 7 of her

18 records, you conducted an exam on Ms. Madsen on

19 2015; is that correct?

20 A. Yes.

21 Q. And what did you observe on 

22 2015?

23 A. She had a cystocele, first degree uterine

24 prolapse, first degree urethral hypermobility.

Page 70

1 Q. And plaintiff's counsel covered those

2 before. I'm not going to ask any follow-up

3 questions. But if we can go down under Assessments,

4 what was your assessment of Ms. Madsen on

5 2015?

6 A. Abnormal uterine bleeding, urinary polyp

7 anemia, cystocele, uterine prolapse, and stress

8 urinary incontinence.

9 Q. I'm just going to ask a few questions about

10 the anemia. What is anemia?

11 A. Anemia is lack of adequate blood level.

12 Q. What are the symptoms of anemia?

13 A. Fatigue, tiredness, dizziness,

14 lightheadedness.

15 Q. You said dizziness and lightheadedness?

16 A. Um-hum.

17 Q. Would it surprise you if I told you that

18 Ms. Madsen testified that she fainted probably about

19 the month, maybe two months, prior to coming to see

20 you on 5, 2015?

21 MR. KRAMER: Objection. Form. Foundation.

22 THE WITNESS: The question is is it going

23 to surprise me? Yes. A little -- yeah.

24

Page 71

1 BY MR. KEDZIORA:

2 Q. It would surprise you?

3 A. Because I wasn't aware of that.

4 Q. You were not aware of that?

5 If a patient has an anemia, would it be --

6 strike that.

7 If we can go down under plan, Doctor, on

8 Page 7, what was your plan for treatment of

9 Ms. Madsen after this visit on 2015?

10 A. This goes to hysterectomy and also

11 hysteroscopy, polypectomy, and uterine ablation and

12 midurethral sling.

13 Q. Okay. So the first one is LAVH. Do you

14 see that, Doctor? What's LAVH?

15 A. Laparoscopic-assisted vaginal hysterectomy.

16 Q. What's uterine ablation?

17 A. It's a procedure where we go and burn the

18 lining of the uterus to control the bleeding.

19 Q. So in addition to implanting a sling in

20 Ms. Madsen, you've also discussed other procedures;

21 is that correct?

22 A. Yes.

23 Q. And you've testified before that you would

24 consider those discussions that you had with

Page 72

1 Ms. Madsen on that day informed consent discussions?

2 A. Um-hum. Yes.

3 Q. Doctor, do you recall how much time you

4 spent with Ms. Madsen on 2015,

5 discussing the risks and benefits of the procedures

6 that you were recommending to perform to Ms. Madsen?

7 A. 30 minutes.

8 MR. KRAMER: Objection to form.

9 BY MR. KEDZIORA:

10 Q. Do you have any recollection of what you

11 discussed with Madsen during that -- I'm sorry --

12 during that discussion on 2015?

13 A. I don't have a recollection as to exactly

14 what I discussed, but before a sling, there are

15 certain risks I routinely discuss.

16 Q. So what are the risks that you routinely

17 discuss with your patients prior to a sling

18 procedure?

19 A. Pain, failure, erosion, urinary retention,

20 bladder perforation, infection, bleeding, hematomas,

21 dyspareunia.

22 Q. And you have discussed all of those risks

23 that you just named with Ms. Madsen on

24 2015?

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 19 of 47 PageID #:889
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

19 (Pages 73 to 76)

Page 73

1 A. It's not a comprehensive list. These are

2 the -- I can't recall the other ones right now.

3 Q. And that discussion, like this, you always

4 have with the patients prior to performing a sling

5 procedure?

6 A. Yes.

7 Q. You also noted in your record that you've

8 discussed -- discussed the fail rates or failure

9 rates of the procedure. What is your

10 understanding -- is that correct?

11 A. Yes.

12 Q. What is -- tell -- strike that.

13 What specifically did you tell Ms. Madsen

14 about the fail rates?

15 A. I think they usually say about 20 percent.

16 Q. So that means that, in about 20 percent of

17 the patients, the procedure may not resolve or help

18 with the symptoms that the patient is experiencing?

19 A. Yes.

20 Q. So is that -- and that is something you've

21 told Ms. Madsen, correct?

22 A. I usually talk about fail rates in any

23 surgery so...

24 Q. Doctor, you then noted in your record from

Page 74

1 2015, that you've also discussed FDA

2 warnings. Do you see that?

3 A. Yes.

4 Q. What FDA warnings are you or did you refer

5 to in this paragraph?

6 A. I think about erosions mostly and pain.

7 Q. Is there any specific FDA warning that you

8 had in mind when you had that discussion with

9 Ms. Madsen?

10 A. No. I can't recall right now. I usually

11 tell them that the FDA warnings of meshes in general

12 and, if she wants more information, go to the FDA

13 website.

14 Q. Did Ms. Madsen ask you any questions that

15 you recall about the FDA warnings after you did tell

16 her that this information is available on the

17 website?

18 A. I can't recall.

19 Q. Did she have ability to ask questions?

20 A. She did.

21 Q. If she would have asked questions, you

22 would have answered those for her?

23 A. Yes.

24 Q. During that discussion, did you show any

Page 75

1 videos of the sling procedure to Ms. Madsen?

2 A. Yes.

3 Q. What video was that?

4 MR. KRAMER: Objection. Form. Vague.

5 THE WITNESS: It's an animation as to

6 exactly how the procedure is done, how the

7 needles are inserted, how it goes through the

8 muscles in the groin and how the sling is

9 supposed to work.

10 BY MR. KEDZIORA:

11 Q. That video that you're referring to, do you

12 have a DVD containing that video?

13 A. Not a DVD. We have online access. So I

14 use a website.

15 Q. Is there any specific website that you

16 recall using on that day to show the video to

17 Ms. Madsen?

18 A. I can't recall a specific website, but I've

19 used -- Bard is one of the websites I have used.

20 They have an animation, a video.

21 Q. All right. Other than Bard, are there any

22 others that you use?

23 A. That's the one I used to use.

24 Q. You used to use Bard?

Page 76

1 A. Yes.

2 Q. So on that day, on 2015, you

3 and Ms. Madsen went to or went onto Bard's website,

4 and you showed some videos of the sling procedure to

5 Ms. Madsen?

6 A. Yes.

7 Q. And was the video for the procedure of the

8 Align sling product that was later implanted into

9 Ms. Madsen?

10 A. Yes.

11 Q. Do you recall whether Ms. Madsen had any

12 questions about the video or any -- anything that

13 related to the procedure that was showed in the

14 video?

15 A. No, I can't recall.

16 Q. Between of 2015 and the

17 actual procedure on -- I'm sorry -- on

18 2006, [sic] did you see Ms. Madsen

19 during that time period?

20 A. No.

21 Q. Did she have to have any tests done prior

22 to the surgery?

23 A. Possibly a blood count.

24 Q. Okay. But you personally did not see

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 20 of 47 PageID #:890
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

20 (Pages 77 to 80)

Page 77

1 Ms. Madsen during that time period?

2 A. No. I think what happened was she had some

3 insurance issues towards the end of the year.

4 Initially she wanted to get it done right away

5 because insurance was expiring. That's why I

6 remember her, and I think she didn't have insurance.

7 And then she came back with insurance later on.

8 Q. Doctor, if we can turn to Page No. 8 of

9 your medical records, what did you note under

10 History of Present Illness in the medical records

11 from -- I'm sorry -- from 

12 2016?

13 A. Patient is a 48-year-old female, G3P2012

14 for midurethral sling, hysteroscopy, D&C, and

15 uterine ablation.

16 Q. What does G3P2012 stand for?

17 A. G stands for gravity, total pregnancies of

18 three. Para is two deliveries, and zero is no

19 preterm deliveries. One is one miscarriage, slash,

20 abortion and two living children.

21 Q. So Ms. Madsen came to see on --

22 strike that.

23 Ms. Madsen came to see you on 

24 2006 [sic] for -- to have multiple procedures done

Page 78

1 on that day; is that correct?

2 A. Yes.

3 Q. So what were the procedures that you were

4 planning to perform on -- strike that -- on

5 2016?

6 A. Hysteroscopy, D&C, and midurethral sling.

7 Q. What's D&C?

8 A. Dilation and curettage.

9 Q. So just to be clear, in addition to

10 implanting the sling, you performed other procedures

11 on that day, correct?

12 A. Yes.

13 Q. Doctor, if we can turn to Page No. 8

14 towards the bottom, there's a section called Past

15 Medical History. Do you see that, Doctor?

16 A. Yes.

17 Q. And there's some conditions listed in that

18 section. Do you see that?

19 A. Yes.

20 Q. Where would that information come from that

21 you later put into that section of the medical

22 report?

23 A. Patient -- patient's history and, if she

24 was seen by another physician, diagnosis established

Page 79

1 by another physician.

2 Q. So it's a combination of what you have

3 learned from Ms. Madsen and potentially other

4 medical records?

5 A. Medical records, yes.

6 Q. And what medical history did Ms. Madsen

7 have prior to her surgery on 2016?

8 A. She had an -- allergies, airborne

9 allergies, and also GERD, gastroesophageal reflux

10 disease.

11 Q. Doctor, there's more on the next page,

12 Page No. 9.

13 A. Gastritis, abnormal Pap smear, irregular

14 menses, fibroid, UTI, vaginal infection, asthma,

15 anemia, arthritis, back pain, hiatal hernia, nausea

16 and vomiting.

17 Q. Is there -- just for the record to be

18 clear, these are the conditions that Ms. Madsen had

19 prior to her implant surgery on of

20 2016?

21 A. Yes.

22 Q. And the back pain, as it's described in

23 this medical record, includes sciatica. Do you see

24 that, Doctor?

Page 80

1 A. I do.

2 Q. What's sciatica, Doctor?

3 A. Sciatica is a lower back pain possibly due

4 to the compression of the sciatic nerve along the

5 distribution of the sciatic nerve.

6 Q. So that was your understanding that that's

7 something that Ms. Madsen had experienced prior to

8 the implant surgery on 2016?

9 A. Yes.

10 Q. And also after -- I'm sorry. Under Past

11 Surgical History, Doctor, there's a notation

12 regarding the failed Burch procedure. Do you see

13 that, Doctor?

14 A. Yes.

15 Q. Doctor, if we can turn to Page No. 10,

16 prior to the actual procedure on that date, did you

17 see Ms. Madsen prior to seeing her in the operating

18 room?

19 A. Yes.

20 Q. Where did you meet with Ms. Madsen?

21 A. In the preop holding.

22 Q. Okay. Do you have any independent

23 recollection of your discussions with Ms. Madsen on

24 that day?

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 21 of 47 PageID #:891
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

21 (Pages 81 to 84)

Page 81

1 A. No.

2 Q. All right. Under Plan, Doctor, on 10 page,

3 what was your plan for the procedure that you were

4 about to perform on that date?

5 A. Midurethral sling, hysteroscopy, D&C,

6 uterine ablation, and risk, benefits, and sling

7 complications discussed extensively.

8 Q. So you had another discussion with

9 Ms. Madsen on 2016, about the risks

10 and benefits of the sling procedure?

11 A. Yes.

12 Q. What did you discuss? What are the

13 benefits and the risks that you discussed on

14 2016?

15 A. Urinary retention, perforation, infection,

16 dyspareunia, groin pain, erosion.

17 Q. And these are just a few? There could be

18 others, right?

19 A. Along with the others.

20 Q. So you had another -- just so we have a

21 clear record, you had another discussion with

22 Ms. Madsen right before the procedure on

23 2016?

24 A. Yes.

Page 82

1 Q. Did Ms. Madsen have any questions for you

2 that you recall prior to the procedure on

3 2016?

4 A. I can't recall.

5 Q. If she had any questions, would you have

6 answered those for her?

7 A. To the best of my ability.

8 Q. Doctor, what procedure have you performed

9 on Ms. Madsen on 2016?

10 A. Abnormal uterine bleeding, stress urin- --

11 I'm sorry -- operative hysteroscopy, uterine

12 ablation, midurethral sling, and cystoscopy.

13 Q. I'm going to mark the operative report as a

14 separate exhibit.

15 (Whereupon, Upputuri Exhibit

16 No. 6 was marked for

17 identification.)

18 BY MR. KEDZIORA:

19 Q. Just for the record, we've marked as

20 Exhibit 6 the records from the -- actually the

21 operative report authored by Dr. Upputuri from the

22 procedure that took place on 2016.

23 Doctor, if you could turn to page number --

24 on the second -- to the second page, which is the

Page 83

1 page numbered 23. Do you see the Bates label in the

2 lower right corner of the document? There is --

3 let's strike that.

4 There is a number in the lower right corner

5 of the document. Do you see that, Doctor?

6 A. Yes.

7 Q. We refer to those as Bates labels. So are

8 you on No. 23?

9 A. Yes.

10 MR. KRAMER: Counsel, can I have a copy of

11 that?

12 MR. KEDZIORA: Sure.

13 BY MR. KEDZIORA:

14 Q. So this is a report from the operation that

15 you performed on Ms. Madsen on 2016;

16 is that correct?

17 A. Yes.

18 Q. If you can tell the jury what procedure

19 you've performed, and I'll ask you just to describe

20 the procedure and what you've done on Ms. Madsen on

21 that day.

22 A. Midurethral -- hysteroscopy, a D&C,

23 followed by uterine ablation, followed by

24 midurethral sling.

Page 84

1 Q. So which procedure did you perform first?

2 A. Hysteroscopy, then the ablation, then the

3 sling.

4 Q. And what -- I apologize. Go ahead.

5 A. Hysteroscopy first.

6 Q. What's hysteroscopy?

7 A. We insert a camera into the uterine cavity

8 and distend the cavity with a Ringer's lactate

9 medium and then visualize for any pathology. In

10 this case a polyp was noted, and it was removed.

11 Following, uterine ablation was performed.

12 Q. And what did you do next?

13 A. After that I performed the midurethral

14 sling.

15 Q. And what specifically did you do when you

16 say that you performed midurethral sling?

17 A. Well, I started off making two incisions in

18 the medial and distal obturator foramen after

19 injecting with Lidocaine diluted with 1 to 200,000

20 dilution of epinephrine. Then a

21 two-and-a-half-centimeter incision was made under

22 the suburethral area. And using a Metzenbaum

23 scissor, that incision was dissected toward a stab

24 incision of the obturator foramen. After that we

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 22 of 47 PageID #:892
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

22 (Pages 85 to 88)

Page 85

1 use a spiral hook perforated through the obturator

2 incision, and while maintaining contact with my

3 index finger at all times to avoid bladder

4 perforation, the needle was advanced inferiorly and

5 medially into the suburethral opening.

6 In a similar -- the sling was attached and

7 the media was withdrawn.

8 In a similar matter, the contralateral side

9 was also penetrated with a needle and a sling was

10 attached.

11 Following this, a video cystoscopy was

12 performed to look for any perforations or contrabine

13 (phonetic) of the bladder. None was noted.

14 The sling material was trimmed at the edge

15 of the skin, and the groin area and the suburethral

16 incision was closed and running, lock manner, with

17 and 2-0 Vicryl suture. The skin incisions were

18 enclosed with Steri strips.

19 Q. Well, during that procedure, is there a

20 time where you checked whether the sling is -- there

21 is a proper tension on the sling?

22 A. Yes. We use a No. 8 Hegar dilator, and we

23 put it underneath the urethra to make sure it's

24 tension-free.

Page 86

1 Q. And in that specific case of Ms. Madsen,

2 was the sling properly implanted and tension-free?

3 A. Yes.

4 Q. Doctor, what's -- I'm not sure if I'm

5 pronouncing it correctly -- NovaSure instrument?

6 A. That's a uterine ablation instrument.

7 Q. So that's something that you've performed

8 prior to implanting the slings --

9 A. Yes.

10 Q. -- product?

11 So if you can just tell or explain what

12 you've done, what procedure you've performed with

13 respect to the ablation using the NovaSure

14 instrument.

15 A. After the D&C, NovaSure -- or the uterine

16 cavity measurement was taken. It ended up being 6.5

17 centimeters. And the NovaSure instrument was

18 inserted through the cervix into the uterus. And

19 the cavity with the 3.5 centimeters was also

20 measured. This was entered in the base unit.

21 A cavity assessment was performed where the

22 base unit pumps CO2 gas into the uterine cavity to

23 look for any leakages.

24 The cavity assessment is successful after

Page 87

1 no leakage is noted, and then the ablation was

2 carried out for a period of 105 seconds.

3 Q. And after that, you performed the sling

4 procedure?

5 A. Sling, yes.

6 Q. Was the patient in a stable condition at

7 the end of the procedure?

8 A. Yes, she was.

9 Q. When is the next time, Doctor, that you've

10 seen Ms. Madsen after the procedure on 

11 2016?

12 A. The next morning.

13 Q. Did Ms. Madsen have any complaints the next

14 morning on 2016?

15 MR. KRAMER: You may want to refer back to

16 your office chart.

17 THE WITNESS: Yeah. That seems --

18 MR. VEZINO: Bottom of Page 12.

19 THE WITNESS: Yeah, I saw her on 16 at

20 7:30 a.m.

21 BY MR. KEDZIORA:

22 Q. Doctor, do you see a section called

23 Subjective in the report?

24 A. Yes.

Page 88

1 Q. What does it mean, "subjective"?

2 A. Anything that the patient states.

3 Q. Okay. And what did the patient state to

4 you on 2016?

5 A. That her pain is minimal, two out of ten.

6 Two episodes of vaginal bleeding, small dime-size

7 dark clots and no bright-red bleeding.

8 Q. And then, Doctor, what does the "objective"

9 mean?

10 A. Objective, my findings.

11 Q. What were your findings from the visit on

12 2016?

13 A. Normal vitals, normal abdominal exam,

14 normal vaginal exam, and also hemoglobin of 9.7.

15 Q. Do you recall what time you performed --

16 what time you performed the procedure the day

17 before?

18 A. I can't recall.

19 Q. Not the exact time, but do you recall was

20 it in the morning or the afternoon?

21 A. I think it's in the afternoon because I did

22 my note at 7:58 p.m. So I usually try to do my

23 notes about a minute -- or within a few hours after

24 the procedure.

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 23 of 47 PageID #:893
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

23 (Pages 89 to 92)

Page 89

1 Q. So after a procedure like this, would you

2 expect the patient to be released home the next --

3 I'm sorry -- the same day or --

4 A. Usually, yes.

5 Q. Was there a reason why Ms. Madsen was not

6 released home on 2016?

7 A. Could be because it's a late procedure.

8 That's one possibility. And when there's a late

9 procedure, we keep them overnight and send them home

10 in the morning.

11 Q. When is the next time that you saw

12 Ms. Madsen after the visit on 2016?

13 A. I believe it was 

14 Q. I think that's correct, Doctor. And the

15 record starts on Page 13, bottom of Page 13.

16 MR. KRAMER: Good memory, Doctor.

17 BY MR. KEDZIORA:

18 Q. And what was the reason that Ms. Madsen

19 came to see you on 2016?

20 A. Complains -- she came with complaints of

21 pain, swelling of the vulva, excessive pinkish

22 discharge with a burnt odor, heart palpations,

23 fever, urgency, pressure in the ear with little

24 hearing, dizziness, lightheadedness, and shaky.

Page 90

1 Q. And, Doctor, we've talked before that

2 Ms. Madsen reported to you -- or you've observed

3 from the records that Ms. Madsen had experienced

4 dizziness and she was lightheaded even before the

5 procedure on 2016, correct?

6 A. Correct.

7 Q. So these are similar symptoms to what she

8 had complained about prior to the procedure that she

9 now reported to you on this -- on 

10 2016?

11 MR. KEDZIORA: Objection to the form.

12 THE WITNESS: With the exception of the

13 pinkish discharge.

14 BY MR. KEDZIORA:

15 Q. After 2016, when did you see

16 Ms. Madsen next?

17 A. I believe it was 2016.

18 Q. And, Doctor, the record starts on Page 17.

19 What was the reason that Ms. Madsen

20 presented to you on 2016?

21 A. She was there for a postop check with

22 shortness of breath, dizziness, and some vaginal

23 spotting.

24 Q. Did she report any pain to you on that day?

Page 91

1 A. Yes. "Symptoms have not changed" is what I

2 have documented from so...

3 I think this is the day I called her.

4 Q. So you didn't actually see --

5 A. No. I actually called her to see -- to

6 check up on her because of her complaints, and it

7 states here that I called the patient at home to

8 check up on her, and then I brought her in just --

9 Q. And, Doctor, under "postop check" right

10 above the paragraph I think you've read from, do you

11 see a statement -- actually section -- or statement

12 where it says, "She denies any pain"? Do you see

13 that, Doctor?

14 A. Yes.

15 Q. So what does it mean when you put that she

16 denies any pain? Who are you referring to?

17 A. Referring to any kind of a serious pelvic

18 pain.

19 Q. Okay. So it means that Ms. Madsen denied

20 having any pain on 2016?

21 A. Yes, with only some soreness in her groin.

22 Q. Is that something normal to have some

23 soreness in the groin after a procedure like

24 Ms. Madsen had underwent?

Page 92

1 A. Yes.

2 Q. Were you aware at that time that Ms. Madsen

3 went to the emergency room twice prior to coming to

4 see you on 

5 A. Yes.

6 MR. KRAMER: Object to the form.

7 Mischaracterizes the record.

8 BY MR. KEDZIORA:

9 Q. So, Doctor, if I can refer you to the other

10 records, which are Bates labeled Madsen PSR. I

11 don't remember the exhibit number, but that's the

12 prior exhibit. Do you have it in front of you?

13 A. Yes, I do.

14 Q. If we can turn to Page No. 31.

15 A. Okay.

16 Q. I'm going to represent for the record that

17 this is a report from the emergency room regarding

18 Ms. Madsen's visit on 2016.

19 There's an indication or mention that

20 Ms. Madsen incidentally did get a flu shot yesterday

21 prior to discharge. It's under HPI comments. Do

22 you see that, Doctor?

23 A. Yes.

24 Q. And you did testify before it's a standard

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 24 of 47 PageID #:894
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

24 (Pages 93 to 96)

Page 93

1 protocol to administer a flu shot prior to

2 discharging a patient?

3 A. If she has received one, yes, it's the

4 hospital protocol.

5 Q. I'm sorry.

6 A. If she hasn't received one in the prior

7 year, in the winter months, the hospital wants you

8 to get flu shots.

9 Q. And is it true, Doctor, that some of the

10 most common side effect of a flu shot could be a

11 fever?

12 A. Yes.

13 Q. And isn't it true, Doctor, that one of the

14 common side effects of the flu shot could be being

15 lightheaded?

16 A. Possible.

17 Q. Is one of the side effects of the flu

18 shot -- strike that.

19 Is one of the potential side effects of a

20 flu shot a dizziness?

21 A. Yes.

22 Q. It could be, correct?

23 A. It could.

24 Q. And these are the symptoms that Ms. Madsen

Page 94

1 had complained to you when she came to see you on

2 2016, correct?

3 A. Yes.

4 Q. Doctor, if you can turn to Page No. 28.

5 A. The same?

6 Q. Of the PSR set. This is still the record

7 from the emergency room visit. Under the section

8 called ED Records, do you see that section, Doctor?

9 A. Um-hum.

10 Q. Do you see where it says, "Multiple

11 complaints, possible allergic reaction, a hundred

12 percent RA"?

13 A. Yes.

14 Q. Do you have any understanding what the

15 possible allergic reaction was to?

16 A. I'm assuming he's referring to the flu shot

17 she got.

18 Q. All right. Doctor, I'm going to switch

19 back to your last visit on 2016. I'm

20 going to mark these as Exhibit -- I believe it's 7.

21 Is that correct, ma'am? Can you mark it as

22 Exhibit 7?

23

24

Page 95

1 (Whereupon, Upputuri Exhibit No.

2 7 was marked for

3 identification.)

4 BY MR. KEDZIORA:

5 Q. Doctor, do you recall whether or not you

6 referred Ms. Madsen to a cardiologist?

7 A. I can't recall. It looks like that I did

8 here after the negative CT.

9 Q. And what would be the reason for you to

10 refer Ms. Madsen to --

11 A. Because of the palpitations,

12 lightheadedness, dizziness.

13 Q. And after that physical of the

14 cardiologist, have you received any results back

15 from the -- or reports back from the cardiologist

16 that you recall?

17 A. I can't recall but looking at here --

18 Q. Looking here, you did?

19 A. Yeah.

20 Q. Okay. And did this report that was just

21 marked as an exhibit, 7, show any concerns to you

22 regarding to Ms. Madsen's cardiac condition?

23 A. Yes. It looks like she has an -- isolated

24 PVCs.

Page 96

1 Q. What are those?

2 A. Premature ventricular contractions.

3 Q. Okay. And what could be potential symptoms

4 of that condition?

5 A. If frequent PVCs, they can cause passing

6 out, lightheadedness, and dizziness.

7 Q. So my records indicate that you've seen

8 Ms. Madsen last time on --

9 A. Um-hum.

10 Q. -- 2016; is that correct?

11 A. Yes.

12 Q. You haven't seen her since then?

13 A. I haven't seen her since then.

14 Q. Have you talked to her over the telephone,

15 for example?

16 A. No.

17 Q. So, Doctor, we talked before about certain

18 preimplant symptoms that Ms. Madsen had experienced.

19 Do you recall that?

20 A. (Nodding head.)

21 Q. So you would agree -- is that a yes?

22 A. Yes.

23 Q. So you would agree that she was medically

24 compromised even before the surgery?

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 25 of 47 PageID #:895
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

25 (Pages 97 to 100)

Page 97

1 MR. KRAMER: Objection to form.

2 THE WITNESS: What do you mean by

3 "compromised"?

4 BY MR. KEDZIORA:

5 Q. Let me rephrase that. She had experienced

6 symptoms that significantly impacted her quality of

7 life?

8 A. Yes.

9 Q. Can you say to a reasonable degree of the

10 medical probability what have caused -- let me

11 strike that.

12 Do you understand or do you have knowledge

13 what complaints Ms. Madsen attributes to the mesh

14 product that was implanted into her?

15 A. No.

16 Q. I'm just going to represent a few for the

17 record. She attributes pelvic floor pain and

18 tightness, painful intercourse, sciatic nerve pain,

19 weakness and numbness in her left leg, nerve pain in

20 her -- in her thighs, deformity, and recurrent

21 incontinence.

22 By the way, Doctor, deformity, have you

23 ever observed that Ms. Madsen had any deformity on

24 her abdomen?

Page 98

1 MR. KRAMER: Objection. Form. Vague as to

2 time.

3 THE WITNESS: Not that I can recall.

4 BY MR. KEDZIORA:

5 Q. The procedure that you've performed on

6 Ms. Madsen, the sling procedure and the others, do

7 they leave any scars or marks on the outside of the

8 body?

9 A. On the groin area.

10 Q. What are the typical marks or scars?

11 A. It's about two, three-millimeter stab

12 incisions.

13 Q. And that's in the groin area?

14 A. In the groin area.

15 Q. And that's something Ms. Madsen would have

16 after the procedure?

17 A. Yes.

18 Q. And that's totally normal?

19 A. Yes.

20 Q. And other than those small incisions, scars

21 from the small incisions, you don't recall that

22 Ms. Madsen had any other deformity?

23 A. No.

24 Q. Is there anything that comes to your mind

Page 99

1 as to what type of deformity she might have

2 developed after the surgery?

3 MR. KRAMER: Objection. Form. Foundation.

4 THE WITNESS: No.

5 BY MR. KEDZIORA:

6 Q. So can you -- now, knowing what those

7 conditions were -- complaints are, can you say to a

8 reasonable degree of medical probability what have

9 caused those conditions that -- or her symptoms that

10 Ms. Madsen attributes to the mesh product?

11 MR. KRAMER: Objection. Form. Foundation.

12 Calls for speculation.

13 THE WITNESS: Could you repeat those?

14 BY MR. KEDZIORA:

15 Q. Yes. I just listed to you the complaints

16 that Ms. Madsen attributes to the mesh product.

17 Do you have any information or can you say

18 to a reasonable degree of medical probability what

19 have caused those conditions or symptoms?

20 MR. KRAMER: Same objections. Add

21 compound.

22 THE WITNESS: Some of them possibly from

23 the sling procedure.

24

Page 100

1 BY MR. KEDZIORA:

2 Q. Okay. And can you say to a reasonable

3 degree of medical probability that the sling

4 procedure that was performed of -- on Ms. Madsen

5 have resulted or caused those conditions? And, if

6 so, which?

7 MR. KRAMER: Same objections.

8 BY MR. KEDZIORA:

9 Q. You can answer the question.

10 A. Possible.

11 Q. Which --

12 A. Some of them.

13 Q. Which ones are the possible causes?

14 A. Groin pain, dyspareunia, possible leg

15 numbness, but I'm not sure if sciatica pain can be

16 caused or any abdominal deformity from the sling.

17 Q. So just to make sure I understand, you're

18 saying that groin pain, dyspareunia, could be caused

19 by the mesh product, but you're not saying that in

20 this specific case that's what really happened, that

21 the mesh product have caused those symptoms to

22 Ms. Madsen?

23 MR. KRAMER: Objection. Form. Foundation.

24 Calls for speculation.

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 26 of 47 PageID #:896
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

26 (Pages 101 to 104)

Page 101

1 THE WITNESS: It's possible.

2 BY MR. KEDZIORA:

3 Q. I understand that. That's not my question.

4 I know it's possible. That's your testimony? It's

5 possible?

6 A. Yes.

7 Q. But it's not your testimony that it's

8 actually what happened in this specific case of

9 Ms. Madsen?

10 MR. KRAMER: Same objections.

11 Counsel, he testified he hasn't seen her

12 since of 2015.

13 THE WITNESS: So you're saying -- you're

14 asking me cause and effect relation, like if

15 this procedure caused -- is causing these

16 symptoms?

17 BY MR. KEDZIORA:

18 Q. That's correct. You're saying that it's

19 possible. I understand that.

20 But I'm asking you whether or not you have

21 an opinion if this is actually what happened in this

22 specific instance of Ms. Madsen.

23 A. Yes.

24 MR. KRAMER: Same objections.

Page 102

1 BY MR. KEDZIORA:

2 Q. You do have an opinion of what have

3 happened?

4 MR. KRAMER: Same objections.

5 THE WITNESS: No. I don't.

6 BY MR. KEDZIORA:

7 Q. Okay. So you have no opinion -- just so we

8 have a clear record --

9 A. No opinion.

10 MR. KRAMER: Same objections and asked and

11 answered.

12 BY MR. KEDZIORA:

13 Q. I'm just going to ask the question again

14 just so we have a clear record.

15 You have no opinion with respect to

16 specific causes of Ms. Madsen's complaints and

17 symptoms that she attributes to the mesh product,

18 correct?

19 A. Yes.

20 MR. KRAMER: Same objections.

21 BY MR. KEDZIORA:

22 Q. So you cannot say to a reasonable degree of

23 medical probability what has caused those symptoms,

24 correct?

Page 103

1 A. Yes.

2 MR. KRAMER: Same objections to that

3 previous question.

4 BY MR. KEDZIORA:

5 Q. And as you know, as we have discussed,

6 Ms. Madsen have been complaining or reporting some

7 of those symptoms even before the implant surgery in

8 of 2016, correct?

9 A. Yes.

10 MR. KRAMER: Objection. Form.

11 Mischaracterizes.

12 BY MR. KEDZIORA:

13 Q. Doctor, do you believe that plaintiff was

14 an appropriate candidate for the Bard product?

15 A. Yes.

16 Q. Why?

17 A. Because she had a stress urinary

18 incontinence and I've used the Bard product -- since

19 I think 2006 or 2007 I've been using the product.

20 Q. Did Ms. Madsen ever report to you any

21 complaints after the implant procedure that you

22 would not consider a normal or expected symptoms or

23 conditions after the procedure like she had

24 underwent?

Page 104

1 MR. KRAMER: Objection to form. Vague as

2 to time.

3 THE WITNESS: I'm sorry. What's the

4 question?

5 MR. KEDZIORA: Actually, I'm going to

6 strike that question. I think we have covered

7 it already. So I'm going to withdraw that

8 question.

9 BY MR. KEDZIORA:

10 Q. Do you have any understanding of

11 plaintiff's current medical condition?

12 A. No.

13 Q. You're not rendering an opinion, expert

14 opinion, about her current condition, are you?

15 A. I am not.

16 Q. And you're not rendering an opinion about

17 the cause of Ms. Madsen's current condition,

18 correct?

19 A. Correct.

20 Q. You're not rendering an opinion about

21 Bard's device, correct?

22 A. Correct.

23 Q. You're not going to show up at trial and

24 offer any critical opinions about Bard or its

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 27 of 47 PageID #:897
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

27 (Pages 105 to 108)

Page 105

1 product?

2 MR. KRAMER: Objection. Form. Calls for

3 speculation.

4 THE WITNESS: No.

5 BY MR. KEDZIORA:

6 Q. Is that no?

7 A. What do you mean by form a critical opinion

8 for the product?

9 Q. I'm asking if you are planning to appear at

10 trial and offer any critical opinions about Bard or

11 its product?

12 A. I'm not planning.

13 Q. Do you have any critical opinions about

14 Bard or its product?

15 A. What do you mean by "critical"?

16 Q. Any negative, critical opinions about --

17 A. Negative -- no. Nothing negative. No

18 negative opinion.

19 Q. So no critical or negative opinion about

20 Bard or Bard's product?

21 A. About this product.

22 Q. You do have --

23 A. I don't have any negative opinions about

24 this product or Bard.

Page 106

1 Q. Do you have any negative opinion about

2 other Bard products?

3 A. I don't use any other Bard products.

4 Q. So the answer is no, you don't have any

5 negative opinion about any other Bard product,

6 correct?

7 A. No.

8 Q. Do you know whether Ms. Madsen have tried

9 to engage in any sexual intercourse with Mr. Madsen

10 after the implant procedure?

11 A. No, I do not.

12 MR. KEDZIORA: I'm going to mark as

13 Exhibit 8 -- let me mark it and hand it to the

14 witness please.

15 (Whereupon, Upputuri Exhibit

16 No. 8 was marked for

17 identification.)

18 BY MR. KEDZIORA:

19 Q. So, Doctor, these are Instructions For Use,

20 which are similar to what plaintiff's counsel has

21 previously marked as an exhibit. This is a

22 different version. We have compared. And I'm just

23 going to ask you a question very quickly -- we've

24 compared the two versions. We weren't sure which

Page 107

1 one is the imperative one.

2 So if you could turn to Page 5 of those

3 Instructions For Use that we just -- that I just

4 handed to you.

5 A. (Nodding head.)

6 Q. And, Doctor, do you see a section called

7 Adverse Events?

8 A. Um-hum.

9 Q. And have you seen this instruction

10 previously before?

11 A. Yes.

12 Q. And there are certain risks listed in the

13 instruction or actually in the section called

14 Adverse Events, correct?

15 A. Yes.

16 Q. Have you reviewed this instruction for use,

17 this one or the similar one that plaintiff's counsel

18 has admitted into evidence prior to implanting

19 Ms. Madsen's device?

20 A. Yes.

21 Q. And we went over those potential adverse

22 events before, right? So you would agree that any

23 of those adverse events could occur after an

24 implantation of the Bard product --

Page 108

1 A. Yes.

2 Q. -- at issue in this case?

3 A. Yes.

4 Q. Do you have any reason to question the

5 adequacy of the labeling for the Bard mesh product?

6 A. No.

7 Q. So were all these things that are included

8 in the Adverse Events section for Instructions For

9 Use all consistent with your understanding of the

10 complications that could occur after the use of the

11 Align product that was implanted in Ms. Madsen?

12 A. Yes.

13 Q. And those complications could result in

14 pain, correct?

15 A. Yes.

16 Q. What is your definition of erosion, Doctor?

17 A. If the mesh were to extrude itself through

18 the vaginal mucosa into the vagina or through the

19 vaginal mucosa -- into the bladder.

20 Q. Are there different types of erosion?

21 A. Yeah. One could be to the bladder. The

22 other one could be to the vagina.

23 Q. Okay. And both of these types of erosion

24 were known to you and the other -- strike that.

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 28 of 47 PageID #:898
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

28 (Pages 109 to 112)

Page 109

1 And this type of erosion -- both types of

2 erosion were known to you prior to you implanting

3 Ms. Madsen's product on [sic] 2016?

4 A. Yes.

5 Q. The risk of dyspareunia is not unique to

6 the surgery using vaginal mesh, correct?

7 A. No.

8 Q. It can result from other types of

9 procedures?

10 A. Yes.

11 Q. So you can't say for sure what have caused

12 Ms. Madsen's dyspareunia, correct?

13 A. Yes.

14 MR. KRAMER: Objection. Form.

15 BY MR. KEDZIORA:

16 Q. And you cannot tell for sure, if she had

17 other procedure performed, whether she would have

18 also experienced dyspareunia, correct?

19 MR. KRAMER: Objection. Form. Foundation.

20 Calls for speculation.

21 THE WITNESS: Yes.

22 BY MR. KEDZIORA:

23 Q. Before you used the Bard product in

24 Ms. Madsen, you knew you would be implanting a

Page 110

1 foreign body into your patient, correct?

2 A. Yes.

3 Q. And you have learned about the body's

4 inflammatory response to foreign materials during

5 medical training, correct?

6 A. Yes.

7 Q. So inflammation has a standard potential

8 effect of -- of implantation of a foreign body

9 into -- a foreign material into human body?

10 A. Yes.

11 Q. Would you agree that inflammation is a

12 normal part of the healing process?

13 A. Yes.

14 Q. And it's expected after surgery?

15 A. Yes.

16 Q. Would you agree that the formation of scar

17 tissues is a normal and expected part of the healing

18 process?

19 A. Yes.

20 MR. KRAMER: Objection. Form. Vague.

21 BY MR. KEDZIORA:

22 Q. You agree, don't you, that physicians are

23 responsible for knowing the potential risks and side

24 effects of the medical devices that they prescribe,

Page 111

1 correct?

2 A. Yes.

3 Q. And taking that information into account

4 with the patient's individual circumstances to

5 decide which device, if any, is appropriate for each

6 patient, correct?

7 A. Yes.

8 Q. As part of your medical practice, Doctor,

9 do you implant vaginal mesh used in the treatment of

10 pelvic organ prolapse or stress urinary

11 incontinence?

12 A. Yes.

13 MR. KRAMER: Objection. Form. Compound.

14 BY MR. KEDZIORA:

15 Q. And that is something that you're qualified

16 to do, correct?

17 A. Yes.

18 Q. Doctor, what professional licenses do you

19 currently hold?

20 A. Illinois State Medical License, Illinois

21 State Controlled Substance License, Federal DEA

22 License, and my driver's license.

23 Q. Doctor, are you familiar with material

24 safety data sheets?

Page 112

1 A. Yes.

2 Q. Is it your usual practice to review the

3 material safety data sheets for products you use in

4 your medical practice or that you prescribe to

5 patients?

6 A. Usually.

7 Q. You usually review those before implanting

8 or recommending --

9 A. If it's a new product, yes.

10 Q. In this specific case of Ms. Madsen, did

11 you review the material safety data sheet before

12 implanting the product into Ms. Madsen?

13 A. Yes.

14 Q. Are you aware that Frank Zakerwski, the

15 corporate representative of Chevron Phillips, has

16 testified that the medical caution language in the

17 MSDC [sic], the material data -- material safety

18 data sheet, was not based off of any scientific

19 data?

20 A. No.

21 MR. KRAMER: Objection. Form.

22 Mischaracterizes prior testimony.

23 BY MR. KEDZIORA:

24 Q. Doctor, just a few questions about the pore

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 29 of 47 PageID #:899
EXAMINATION BY MR. KEDZIORA

PohlmanUSA Court Reporting (877) 421-0099

29 (Pages 113 to 116)

Page 113

1 size. Do you recall plaintiff asking if you -- or

2 asking you a few questions about the pore size of

3 the mesh or making reference to the pore size of the

4 mesh?

5 A. Vaguely.

6 Q. Vaguely.

7 You're not an expert in biomaterials, are

8 you?

9 A. No.

10 Q. You're not an expert in the effects of the

11 pore size of the mesh and how pore size does or does

12 not affect mesh's interaction with the human body,

13 are you?

14 A. No.

15 Q. And from a biomaterial standpoint of view,

16 you don't intend to offer any opinions in this case

17 about the biomaterial aspect of the mesh as it

18 relates to pore size, correct?

19 A. Yes.

20 Q. Do you know the pore size of the Bard mesh

21 product that was implanted into Ms. Madsen?

22 A. I can't recall.

23 Q. Do you recall, Doctor, plaintiff's counsel

24 asking you or referring -- asking you a few

Page 114

1 questions about an e-mail from the research director

2 at Bard earlier today? Do you remember that?

3 A. Yes, I do.

4 Q. You've never worked at Bard, have you?

5 A. No.

6 Q. And the internal documents that counsel has

7 mentioned or referred to during his part of the

8 deposition, you don't know why those documents were

9 prepared, do you?

10 A. No.

11 Q. So you don't know what -- the business

12 purpose of those documents, correct?

13 A. Correct.

14 Q. You don't know how those documents were

15 used by Bard within the company, correct?

16 A. Correct.

17 Q. And you don't know what the people's

18 name -- I'm sorry. You don't know who the people

19 are that -- I'm sorry -- that Mr. Kramer have

20 mentioned with respect to those e-mails and --

21 A. Correct.

22 Q. -- documents?

23 And you don't know what those people's jobs

24 were, correct?

Page 115

1 A. Correct.

2 Q. And you don't know what their

3 responsibilities were, correct?

4 A. Correct.

5 MR. KEDZIORA: Can we just go off the

6 record for a second?

7 (Discussion off the record.)

8 BY MR. KEDZIORA:

9 Q. Doctor, have you ever used any medical

10 products made out of polypropylene other than the

11 Bard product at issue in this case?

12 A. Yes.

13 Q. What products?

14 A. I believe suture material.

15 Q. So do you agree that polypropylene is

16 suitable to use in human medical device implants?

17 MR. KRAMER: Objection. Form. Foundation.

18 I think you just asked him a number of

19 questions about his qualifications as a

20 biomedical engineer.

21 THE WITNESS: Could you repeat the question

22 please?

23 BY MR. KEDZIORA:

24 Q. Of course.

Page 116

1 Do you agree -- since you're using

2 polypropylene in your practice, would you agree that

3 it's proper and suitable for use in the human body?

4 MR. KRAMER: Same objections.

5 THE WITNESS: Yes.

6 MR. KEDZIORA: Okay. I'm going to reserve

7 the rest of my time.

8 MR. KRAMER: You have 30 seconds.

9 MR. KEDZIORA: All right.

10 MR. VEZINO: I'm going to run to the

11 restroom.

12 MR. KRAMER: Okay. Let's hop off the

13 record.

14 (Recess taken.)

15 FURTHER EXAMINATION

16 BY

17 MR. KRAMER:

18 Q. Doctor, do you recall earlier being asked

19 questions about your payment for being here today?

20 A. Yes.

21 Q. And those questions acknowledged that it

22 is, in fact, the plaintiff's firm that handed you

23 the check for your presence here today, right?

24 A. Yes.

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 30 of 47 PageID #:900
FURTHER EXAMINATION BY MR. KRAMER

PohlmanUSA Court Reporting (877) 421-0099

30 (Pages 117 to 120)

Page 117

1 Q. You're probably not aware that defense

2 counsel has entered an agreement with plaintiff's

3 counsel to share in the expense of your deposition

4 today by agreeing to reimburse plaintiff's counsel

5 for half of your time at deposition.

6 Are you aware of that?

7 A. I was not aware of it.

8 Q. And would it matter one way or another in

9 terms of the outcome of your testimony who paid you

10 today?

11 A. No.

12 Q. From what I understand, we are compensating

13 Central DuPage Medical Group, as the payee on the

14 check. Will you receive any of the money

15 personally?

16 A. Some of it, yes.

17 Q. And is it your understanding the monies

18 paid today are to compensate you for time you would

19 otherwise spend billing in your medical practice?

20 A. Yes.

21 Q. You said you received a copy of the

22 complaint from plaintiff's firm in the Madsen versus

23 C.R. Bard case?

24 A. Yes.

Page 118

1 Q. Do you recall that testimony?

2 A. Yes.

3 Q. Did you read a copy of the complaint?

4 A. Yes, the subpoena.

5 Q. The subpoena. Okay. So do you understand

6 the difference between a subpoena, as a legal

7 document, and a formal legal complaint against the

8 defendant?

9 A. Yes.

10 Q. Okay. And you're saying that you received

11 a copy of the formal complaint against Bard as -- in

12 addition to a subpoena?

13 A. I can't recall now.

14 Q. Okay. I'll just represent to you that we

15 didn't send you a copy.

16 A. Okay.

17 Q. Do you recall earlier discussing that,

18 prior to Ms. Madsen's seeing you, she had undergone

19 a Burch procedure to treat stress urinary

20 incontinence symptoms?

21 A. Um-hum.

22 Q. Do you recall the specific date that she

23 had the Burch?

24 A. She stated 2002, and in another record it's

Page 119

1 dated 2008.

2 Q. Do you have any idea if, for a certain

3 duration after the Burch procedure, her stress

4 urinary incontinence symptoms were successfully

5 treated by the Burch procedure?

6 A. Do I know?

7 Q. Yes.

8 A. No, I do not.

9 Q. So if, in fact, her prior Burch procedure

10 had successfully treated her stress urinary

11 incontinence symptoms, you wouldn't know for how

12 long it did successfully treat those symptoms?

13 A. Correct.

14 Q. And when Mrs. Madsen presented to you in

15 of 2015, did she complain of any

16 dyspareunia that you would have related to the Burch

17 procedure?

18 A. There was no complaint of dyspareunia.

19 Q. Did Mrs. Madsen complain of any pelvic pain

20 that you would relate to the prior Burch procedure?

21 A. It's possible. Any pelvic surgery can

22 cause pelvic pain.

23 Q. My question was a little different. So did

24 Mrs. Madsen complain of any chronic pelvic pain that

Page 120

1 you would relate to her Burch procedure at her

2 initial visit?

3 A. No.

4 Q. And did Mrs. Madsen complain of any chronic

5 groin pain that you would have related to the prior

6 Burch procedure at her initial visit?

7 A. No.

8 Q. And you had mentioned on Page 8 of your

9 records here --

10 A. Which record?

11 Q. I believe -- I marked it as Exhibit 1.

12 A. Okay.

13 Q. I believe -- that list of numbers, you said

14 gravida 3, para 2, 012?

15 A. Um-hum.

16 Q. And then you explained that that means she

17 had three pregnancies, two of which she delivered

18 successfully and then the 012 indicates that one of

19 those was either a miscarriage or a spontaneous

20 abortion?

21 A. Um-hum.

22 Q. Does that mean that she had an elective

23 abortion?

24 A. Not necessarily.

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 31 of 47 PageID #:901
FURTHER EXAMINATION BY MR. KRAMER

PohlmanUSA Court Reporting (877) 421-0099

31 (Pages 121 to 124)

Page 121

1 Q. Do you know whether or not Mrs. Madsen had

2 an elective abortion?

3 A. No, I do not.

4 Q. Then over on Page 9 in the past medical

5 history list of symptoms there, do you recall

6 discussing that abnormal Pap smear that

7 Ms. Madsen -- Mrs. Madsen had in her medical

8 history?

9 A. No.

10 Q. Okay. Well, you were asked questions

11 requiring you to verify that Mrs. Madsen had an

12 abnormal Pap smear at some point before seeing you,

13 and I just wanted to clarify.

14 How recently had she experienced an

15 abnormal Pap smear before seeing you?

16 A. Ten years prior because it says, "All

17 normal Pap smears in the last decade."

18 Q. I would like to refer to the cardiology

19 records. You don't really need to look at it. I

20 think we discussed earlier that the cardiologist

21 confirmed Mrs. Madsen had rare isolated PVCs?

22 A. Yes.

23 Q. Do you recall that?

24 A. Yes.

Page 122

1 Q. Would that finding increase the risk of any

2 postoperative mesh complication?

3 A. No.

4 Q. And do you recall being asked some

5 questions about whether or not you knew an

6 individual from Chevron testified that the material

7 safety data sheet health caution language lacked

8 supporting scientific data? Do you recall being

9 asked --

10 A. Yes.

11 Q. -- whether you knew that?

12 Are you aware that the same individual from

13 Chevron stated, in fact, that he did not know what

14 data supported the MSDS health caution language but

15 that all information in the MSDS is backed by

16 scientific data? Did you know that?

17 A. No, I did not.

18 Q. Now, if we go back to Exhibit No. 1, and we

19 turn to Page 7, do you recall defense counsel asking

20 you questions about the FDA warnings that you

21 discussed with Mrs. Madsen?

22 A. Yes.

23 Q. And do you recall defense counsel asking

24 you about the video of the sling procedure that took

Page 123

1 30 minutes to show to Mrs. Madsen, explaining some

2 of the risks involved with the procedure?

3 A. Yes.

4 Q. Have you seen the video yourself?

5 A. Yes.

6 Q. Do you know what the contents of the video

7 are?

8 A. Yes.

9 Q. And then the FDA warnings that you

10 discussed with Mrs. Madsen, presumably you read

11 those FDA warnings?

12 A. Yes.

13 Q. And you are aware of the content of those

14 FDA warnings?

15 A. Yes.

16 Q. Okay. And I'm going to ask you whether or

17 not either of those things contain certain

18 information. Okay?

19 A. Okay.

20 Q. Do either of those things state that a

21 director of research and development at Bard

22 concluded that the mesh products on the market

23 including the Bard Align TO were overengineered with

24 regard to strength of the biologic requirement?

Page 124

1 A. No.

2 Q. Do either of those things that you showed

3 Ms. Madsen prior to her mesh implant surgery include

4 information that a director of research and

5 development at Bard concluded the pore size of mesh

6 on the market resulted in formation of a scar plate

7 that was rigid and does not integrate well over time

8 with the host tissue?

9 A. No.

10 Q. Did either of those things that you showed

11 Ms. Madsen prior to her mesh implant procedure state

12 that Bard felt the design of a more light-weight

13 open-pore mesh was needed?

14 A. No.

15 Q. Did either of the things that you showed

16 Ms. Madsen prior to her mesh implant procedure state

17 that mesh on the market produced by Bard shrunk

18 between 30 and 50 percent after implantation?

19 A. No.

20 Q. And did either of those things that you

21 showed Mrs. Madsen prior to her mesh implant

22 procedure state that the 30 to 50 percent shrinkage

23 of the mesh postimplantation was directly correlated

24 to scar plate formations?

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 32 of 47 PageID #:902
FURTHER EXAMINATION BY MR. KRAMER

PohlmanUSA Court Reporting (877) 421-0099

32 (Pages 125 to 128)

Page 125

1 A. No.

2 MR. KEDZIORA: Object to form. Compound.

3 BY MR. KRAMER:

4 Q. Did either of the things that you showed

5 Mrs. Madsen prior to her mesh implant procedure

6 include a material safety data sheet from Phillip

7 Sumika relating to Marlex polypropylene that's

8 contained in the Align IFU explicitly stating that

9 it is not to the used for the implantation in

10 humans?

11 A. No.

12 Q. Did either of the things that you showed to

13 Mrs. Madsen prior to her mesh implant procedure

14 explain that Phillips Sumika stopped selling its

15 Marlex polypropylene to Bard once it found out that

16 Bard was using it for device implants but then Bard

17 created a shell company so that it could continue

18 using the Marlex polypropylene in mesh devices like

19 the Align TO?

20 MR. KEDZIORA: Objection. Form.

21 THE WITNESS: No.

22 MR. KEDZIORA: Compound.

23 MR. KRAMER: I don't have anything else.

24 MR. KEDZIORA: Off the record for a second.

Page 126

1 FURTHER EXAMINATION

2 BY

3 MR. KEDZIORA:

4 Q. Doctor, just a few follow-up questions.

5 So we talked before about Instructions For

6 Use and the adverse effects that are listed in that

7 section called Adverse Effects. Do you recall that?

8 A. Yes.

9 Q. Would you agree that any of those

10 complications could result in pain?

11 MR. KRAMER: Objection. Form. Scope.

12 THE WITNESS: Yes.

13 BY MR. KEDZIORA:

14 Q. Doctor, when did you first start using

15 vaginal mesh sling to treat stress urinary

16 incontinence in your patients?

17 MR. KRAMER: Same objection.

18 THE WITNESS: 2006.

19 MR. KRAMER: Times up.

20 BY MR. KEDZIORA:

21 Q. How many have you implanted prior to

22 implanting Ms. Madsen with Bard's product?

23 A. I don't have a number.

24 MR. KRAMER: Objection. Form. Scope.

Page 127

1 BY MR. KEDZIORA:

2 Q. Would it be more than a few, more than ten?

3 A. Oh, yeah, easily. More than.

4 Q. Have you used any other manufacturers'

5 sling products other than Bard?

6 MR. KRAMER: Objection. Form. Scope.

7 This is all beyond the scope of my --

8 THE WITNESS: Recently.

9 BY MR. KEDZIORA:

10 Q. Which one?

11 A. I can't recall the name of the manufacturer

12 of the one sling the hospital is using right now

13 so...

14 MR. KEDZIORA: Okay. No further questions.

15 Thank you, Doctor.

16 MR. KRAMER: Thank you for your time.

17 FURTHER DEPONENT SAITH NOT.

18

19

20

21

22

23

24

Page 128

1 STATE OF ILLINOIS )

 ) SS:

2 COUNTY OF COOK )

3 Kathleen E. Maloney, License

4 No. 084-003235, being first duly sworn, on oath says

5 that she is a Certified Shorthand Reporter, that she

6 reported in shorthand the testimony given at the

7 taking of said deposition, that the deponent was

8 duly sworn by her and that the deposition is a true

9 record of the testimony given by said deponent.

10 And further, that she is not connected by

11 blood or marriage with any of the parties to this

12 action, nor is she a relative or employee or

13 attorney or counsel of any of the parties, or

14 financially interested directly or indirectly in the

15 matter in controversy.

16

17

18 _______________________________

 Certified Shorthand Reporter

19

20

21

22

23

24

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 33 of 47 PageID #:903
Page 129

A

a.m 3:11,11

87:20

abdomen 97:24

abdominal 88:13

100:16

ability 74:19

82:7

ablation 24:20

71:11,16 77:15

81:6 82:12

83:23 84:2,11

86:6,13 87:1

able 40:19 56:7

abnormal 19:20

21:24 67:2

69:15 70:6

79:13 82:10

121:6,12,15

abortion 77:20

120:20,23

121:2

acceptable 34:14

34:16

access 75:13

account 60:17

111:3

accounting 61:9

accurate 12:22

14:13,14 15:1

acknowledged

116:21

action 128:12

active 43:9

actual 76:17

80:16

acute 48:13

add 32:19 99:20

addition 71:19

78:9 118:12

address 5:19,20

adequacy 108:5

adequate 70:11

adhesion 52:2,4

administer 93:1

administered

45:22

admitted 107:18

adnexa 19:9

advanced 85:4

adverse 28:8

30:11,17 33:1

33:13,18 34:10

34:21 39:10,20

39:23 40:2

107:7,14,21,23

108:8 126:6,7

affect 113:12

afternoon 88:20

88:21

ago 68:9

agree 27:17

30:16 36:20,24

96:21,23

107:22 110:11

110:16,22

115:15 116:1,2

126:9

agreeing 117:4

agreement 117:2

ahead 7:3 12:15

16:6 29:5 31:4

31:17 84:4

airborne 79:8

al 1:6 3:6

Align 2:12,14

8:5,6,15,18

25:8 27:6,13

27:19 29:6

30:7,19 31:7

31:19 32:13

33:1,14 34:11

34:24 37:19

38:7,18,21

39:3,8,10,16

39:20 40:7,11

41:1,7,10,13

41:16,20 59:18

76:8 108:11

123:23 125:8

125:19

alleging 27:4,11

allergic 94:11

94:15

allergies 79:8,9

ambulate 43:22

amount 24:7,8,9

analyzed 62:20

anemia 70:7,10

70:10,11,12

71:5 79:15

angle 23:10

animation 59:23

75:5,20

annotation 25:20

answer 9:8 14:17

100:9 106:4

answered 15:14

74:22 82:6

102:11

antihistamine

21:17

apologize 29:9

55:3 69:8 84:4

appear 12:18,22

105:9

APPEARANCES 4:1

Appeared 4:4,7

4:10

applications

38:23 39:4

appointment

60:18

appreciate 8:11

63:12

appropriate

103:14 111:5

approximate 33:7

33:8

Approximately

30:9

area 6:13 43:7

84:22 85:15

98:9,13,14

arthritis 79:15

articles 59:20

ascertain 16:6

asked 37:6 50:23

53:10 56:21

74:21 102:10

115:18 116:18

121:10 122:4,9

asking 28:22

31:10,12 42:15

101:14,20

105:9 113:1,2

113:24,24

122:19,23

asks 58:7

aspect 26:17

113:17

assessment 19:18

19:24 20:14

70:4 86:21,24

Assessments 70:3

assist 51:6

assumed 9:9

assuming 94:16

asthma 79:14

attach 67:15

attached 85:6,10

attention 7:10

attorney 11:11

12:13 50:13

53:18 62:9,10

128:13

attorneys 50:18

attributes 97:13

97:17 99:10,16

102:17

Augment 8:4

authored 13:17

82:21

available 40:18

74:16

avoid 85:3

aware 26:6 27:3

27:10,16 28:6

49:6 71:3,4

92:2 112:14

117:1,6,7

122:12 123:13

B

B 2:8

back 39:8 42:12

42:17 44:15

45:3 46:21

49:7 77:7

79:15,22 80:3

87:15 94:19

95:14,15

122:18

backed 122:15

bad 9:13

BAKER 4:8

Bard 1:3,7 3:3,6

6:24 7:1,20

8:19 25:8 27:5

27:12 28:12

30:17 33:14

34:9,20 35:3

35:11,19 36:1

36:3 37:13,19

37:21,22 38:2

38:3,9,10,15

38:18,20 39:2

39:10,16,20

41:10,13,16,20

50:14,19,21

59:17,24 60:1

62:2 75:19,21

75:24 103:14

103:18 104:24

105:10,14,20

105:24 106:2,3

106:5 107:24

108:5 109:23

113:20 114:2,4

114:15 115:11

117:23 118:11

123:21,23

124:5,12,17

125:15,16,16

127:5

Bard's 59:17

76:3 104:21

105:20 126:22

barrier 52:2,4

base 86:20,22

based 112:18

Bates 83:1,7

92:10

behalf 1:9 4:4,7

4:10

belabor 9:5

believe 8:5 15:8

21:14 36:11

51:14 58:8

68:3 89:13

90:17 94:20

103:13 115:14

120:11,13

Belmonte 53:24

benefits 25:12

26:7,13 72:5

81:6,10,13

benign 18:17

best 32:16 82:7

beyond 127:7

billing 61:15

117:19

bills 60:6,9

biologic 35:6,15

35:22 123:24

biomaterial

113:15,17

biomaterials

113:7

biomedical

115:20

biopsy 20:16,17

21:1 69:15

bit 24:24 26:10

bladder 22:18,20

22:20 23:12,13

23:22,23 24:10

33:9 69:15

72:20 85:3,13

108:19,21

bleeding 17:10

18:20,22 19:20

22:1 42:5,20

42:24 43:2,8,9

43:13,23 67:2

69:15 70:6

71:18 72:20

82:10 88:6,7

blood 43:8 70:11

76:23 128:11

body 32:8 38:24

39:5 98:8

110:1,8,9

113:12 116:3

body's 110:3

bone 67:18

books 60:18

boring 8:11

bottom 21:18

41:24 42:11

78:14 87:18

89:15

Boulevard 4:9

breath 46:22,24

47:8 90:22

briefly 26:4

54:12 58:3

bright-red 43:1

88:7

bring 10:16

11:20 57:18

58:7

Broadly 17:20

brought 57:23

91:8

Burch 67:8,11,14

68:9,14,15,18

80:12 118:19

118:23 119:3,5

119:9,16,20

120:1,6

burn 71:17

burnt 89:22

business 5:19

114:11

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 34 of 47 PageID #:904
Page 130

C

C 21:14

C-section 51:7

52:5,6

C.R 1:3,7 3:3,6

27:12 28:12

30:17 33:14

50:14,21

117:23

call 13:1,2

25:20 49:10

57:16

called 5:6 67:8

78:14 87:22

91:3,5,7 94:8

107:6,13 126:7

Calls 20:3 99:12

100:24 105:2

109:20

camera 84:7

canal 48:17

candidate 103:14

capacity 23:23

52:22

cardiac 95:22

cardiologist

95:6,14,15

121:20

cardiology 2:14

121:18

cardiopulmonary

48:14

care 8:22 12:23

16:1,13 53:4

carried 87:2

case 1:7 3:6

51:5,15,24

52:1,9,12 53:4

53:8,11 56:11

59:18 62:21

84:10 86:1

100:20 101:8

108:2 112:10

113:16 115:11

117:23

cases 51:3 52:18

categories 57:18

61:23

categorize 19:12

categorizing

17:20

cause 22:23 23:4

23:14 96:5

101:14 104:17

119:22

caused 17:8

97:10 99:9,19

100:5,16,18,21

101:15 102:23

109:11

causes 100:13

102:16

causing 101:15

caution 112:16

122:7,14

cavity 84:7,8

86:16,19,21,22

86:24

cc's 24:6

centimeters

86:17,19

Central 3:11

117:13

certain 13:3

57:17 72:15

96:17 107:12

119:2 123:17

Certified 128:5

128:18

cervical 43:9

cervix 19:9

86:18

changed 91:1

characterize

64:24

CHARLESTON 1:2

3:2

chart 12:19,23

13:4 16:4,24

87:16

charts 58:20

check 56:14,15

56:16 61:8

62:14,16 90:21

91:6,8,9

116:23 117:14

checked 85:20

checks 56:14

chest 47:22 48:4

Chevron 112:15

122:6,13

Chicago 4:3,6,10

chief 17:8

children 77:20

chronic 66:13

119:24 120:4

circumstances

9:23 111:4

claims 58:17

clarify 9:14

121:13

clean 8:7 43:8

clear 9:7 44:23

78:9 79:18

81:21 102:8,14

clearing 20:12

climbing 65:8,15

clinical 19:18

closed 85:16

clots 43:1,1

88:7

CO2 86:22

combination 79:2

come 15:14 27:20

78:20

comes 23:11

98:24

coming 32:18

67:7,12,23

68:5 70:19

92:3

comments 92:21

common 93:10,14

communicate

28:12

community 27:7

27:14 28:13

company 38:4

52:1 114:15

125:17

compared 106:22

106:24

compensate

117:18

compensating

117:12

complain 119:15

119:19,24

120:4

complained 90:8

94:1

complaining

17:23 103:6

Complains 89:20

complaint 49:8

62:2,11 117:22

118:3,7,11

119:18

complaints 17:8

45:12 49:1,4

87:13 89:20

91:6 94:11

97:13 99:7,15

102:16 103:21

complete 12:18

63:10

completely 68:19

complicated

48:15

complication

34:17 52:5

122:2

complications

26:8 28:8

41:19,22 49:13

49:19 81:7

108:10,13

126:10

compound 46:5

99:21 111:13

125:2,22

comprehensive

73:1

compression 80:4

compromised

96:24 97:3

concern 47:16,17

concerned 46:19

concerns 95:21

concluded 35:4

36:5 37:13,23

38:4,11 123:22

124:5

condition 50:2

59:8 67:19

87:6 95:22

96:4 104:11,14

104:17

conditions 78:17

79:18 99:7,9

99:19 100:5

103:23

conduct 19:4

22:7 23:17,21

40:23 43:3

45:8 46:14

conducted 24:1

69:18

Conference 3:13

confirm 24:2

confirmed 121:21

confused 20:11

connected 128:10

connection 56:11

62:20

consent 26:1,5

26:12,16 34:1

40:20 72:1

consequence

68:11,12

consider 34:14

34:16 53:7

71:24 103:22

consistent 108:9

consult 59:12

consulted 50:21

contact 85:2

contain 123:17

contained 125:8

containing 75:12

contemplated

26:2

content 11:7

25:21 123:13

contents 13:2

123:6

continue 29:21

46:23 125:17

contrabine 85:12

contractions

96:2

contralateral

85:8

control 58:16

71:18

Controlled

111:21

controversy

128:15

conversation

25:21 26:13,17

34:2

conversations

11:7 14:9,13

14:23 15:2

26:1 54:5

Cook 3:17 128:2

Cooper's 67:16

67:16

copy 12:12,22

29:5 51:21

52:14 62:1,10

83:10 117:21

118:3,11,15

core 38:5

corner 83:2,4

corollary 9:11

corporate 36:11

36:14,22

112:15

correct 27:23

28:14 50:16

52:23 53:5

63:22 65:15

66:18 67:24

69:19 71:21

73:10,21 78:1

78:11 83:16

89:14 90:5,6

93:22 94:2,21

96:10 101:18

102:18,24

103:8 104:18

104:19,21,22

106:6 107:14

108:14 109:6

109:12,18

110:1,5 111:1

111:6,16

113:18 114:12

114:13,15,16

114:21,24

115:1,3,4

119:13

correctly 66:1

86:5

correlated

124:23

corresponded

59:3

coughing 18:4

23:24 43:13

65:3,4,14

coughs 23:9

counsel 11:14

20:20 29:12,13

30:3 36:9,14

36:16 50:23

56:10 60:6,10

60:22 63:2

70:1 83:10

101:11 106:20

107:17 113:23

114:6 117:2,3

117:4 122:19

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 35 of 47 PageID #:905
Page 131

122:23 128:13

counsel's 11:17

56:10,23 61:1

count 76:23

County 3:17

128:2

course 13:8,13

13:22 30:3

43:22 60:8

115:24

Court 1:1 3:1,15

covered 61:22

62:19 70:1

104:6

create 40:6

created 13:22

58:21 125:17

creates 39:11

critical 104:24

105:7,10,13,15

105:16,19

Cross 57:3,13

61:23

CSR 1:14

CT 47:21 48:3,8

48:11,19,24

95:8

culture 21:10

curettage 78:8

curious 55:12

current 104:11

104:14,17

currently 38:6

111:19

custody 58:16

CV 11:19,22 12:2

12:6,10,13

58:7

cycle 19:3

cycles 15:11

cyst 48:15

cystocele 22:13

22:17 69:23

70:7

cystoscopy 82:12

85:11

D

D 2:1

D&C 77:14 78:6,7

81:5 83:22

86:15

dark 43:1 88:7

data 111:24

112:3,11,17,18

112:19 122:7,8

122:14,16

125:6

date 11:22 15:4

15:7 16:7,15

17:4 35:5 41:3

43:21 45:9

62:6 69:3

80:16 81:4

118:22

dated 119:1

day 21:23 42:3,6

42:20 43:4,23

44:4 46:24

66:22 72:1

75:16 76:2

78:1,11 80:24

83:21 88:16

89:3 90:24

91:3

days 19:2 47:6

DEA 111:21

decade 121:17

15:8

17:2,23 18:11

19:5 21:7,19

23:18 63:22

64:22 65:7

66:16,23 67:8

67:12,24 69:7

69:10,11,13,19

69:21 70:5,20

71:9 72:4,12

72:24 74:1

76:2,16,17

77:11,21 78:4

109:3 119:15

decide 111:5

decision 34:6,23

35:24 37:19

38:7,18 39:6

defendant 4:7

27:5,12 51:17

52:12 118:8

defendants 29:6

defense 29:13

36:16 117:1

122:19,23

defenses 58:17

definition

108:16

deflecting 23:10

deformity 97:20

97:22,23 98:22

99:1 100:16

degree 22:13,14

22:17 69:23,24

97:9 99:8,18

100:3 102:22

delivered 120:17

deliveries 77:18

77:19

demonstrated

23:23

denied 65:10

91:19

denies 91:12,16

denote 33:20

density 48:14

deponent 4:10

127:17 128:7,9

deposed 9:1,17

50:24 51:1,4

52:6

deposition 1:9

2:12 3:9 8:21

9:6 10:20 11:4

11:12 29:14

30:4 36:17

51:14,21 52:14

53:14,19 54:6

56:17,24 57:4

57:14,19,24

60:22 61:10,20

61:24 114:8

117:3,5 128:7

128:8

depositions 3:15

36:15

describe 18:21

26:4 42:23

83:19

described 46:7

79:22

description

64:17

design 37:23

38:5 124:12

designed 35:4

details 14:13

15:1

detect 20:24

21:1

detected 23:1

determine 58:4

63:3

developed 99:2

development 35:3

35:12,19 36:4

37:13,22 38:3

38:10 123:21

124:5

device 27:13,23

28:11,13,19,23

29:2 30:19

31:19 34:18,24

36:1 38:22

39:6 52:2,4

104:21 107:19

111:5 115:16

125:16

devices 110:24

125:18

diagnosis 20:7,9

46:21 66:23

78:24

diaries 60:14

difference 118:6

differences 63:4

different 15:13

17:16 25:1

28:24 106:22

108:20 119:23

Dilation 78:8

dilator 85:22

diluted 84:19

dilution 84:20

dime-size 43:1

88:6

directly 39:22

124:23 128:14

director 35:2,12

35:19 36:4

37:12,22 38:3

38:10 114:1

123:21 124:4

disagree 30:2

discharge 42:7

43:23 45:16

89:22 90:13

92:21

discharged 45:23

discharging 93:2

discuss 24:13,17

25:2,5 26:13

26:18 52:6

54:3 72:15,17

81:12

discussed 24:18

25:9,12 32:11

32:14 55:9

71:20 72:11,14

72:22 73:8,8

74:1 81:7,13

103:5 121:20

122:21 123:10

discussing 72:5

118:17 121:6

discussion 16:10

54:14 72:12

73:3 74:8,24

81:8,21 115:7

discussions

71:24 72:1

80:23

disease 79:10

dissected 84:23

distal 84:18

distend 84:8

distension 48:16

distribution

80:5

District 1:1,1,6

3:1,1,6,14

DIVISION 1:2 3:2

dizziness 45:14

45:17 46:2

70:13,15 89:24

90:4,22 93:20

95:12 96:6

doctor 5:23 7:10

14:5 15:21

16:12 20:21

27:3,17 30:6

31:11 32:22

33:23 35:2

36:3 38:20

39:19 40:17

42:2,19 50:12

57:13 62:23

63:20 64:8,19

65:11,23 66:20

67:6 69:17

71:7,14 72:3

73:24 77:8

78:13,15 79:11

79:24 80:2,11

80:13,15 81:2

82:8,23 83:5

86:4 87:9,22

88:8 89:14,16

90:1,18 91:9

91:13 92:9,22

93:9,13 94:4,8

94:18 95:5

96:17 97:22

103:13 106:19

107:6 108:16

111:8,18,23

112:24 113:23

115:9 116:18

126:4,14

127:15

doctors 25:24

27:7,14

document 1:5 3:5

7:11 28:14

29:20 30:11

31:13 42:8

83:2,5 118:7

documented 91:2

documents 10:19

29:16 36:11,15

36:19,22 37:4

57:18,24 58:4

58:15 59:17,21

60:21 61:12

67:1 114:6,8

114:12,14,22

doing 12:8

domain 29:20

Dr 39:9 54:15,17

54:19,20,22,23

55:2,3,5,24

57:4 63:19,21

82:21

drafts 12:4

draw 30:22

Drive 4:6

driver's 111:22

dropped 51:18

drops 23:3

dry 43:8

due 80:3

duly 5:6 128:4,8

DuPage 3:11

117:13

duration 33:20

47:11 119:3

DVD 75:12,13

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 36 of 47 PageID #:906
Page 132

dyspareunia 32:5

72:21 81:16

100:14,18

109:5,12,18

119:16,18

E

E 1:14 2:1,8

3:16 21:14

128:3

e-mail 59:3

114:1

e-mails 59:19

114:20

ear 45:16,19

46:4 89:23

earlier 25:9

63:20 114:2

116:18 118:17

121:20

easily 127:3

ED 94:8

edge 85:14

education 59:14

59:15

effect 93:10

101:14 110:8

effects 93:14,17

93:19 110:24

113:10 126:6,7

either 9:23 13:5

59:3 120:19

123:17,20

124:2,10,15,20

125:4,12

elective 120:22

121:2

embolism 46:19

47:19 48:13,21

embolisms 48:5

embolus 46:13

47:17

emergency 49:7

92:3,17 94:7

employee 128:12

enclosed 85:18

encounter 45:2

ended 86:16

endometrial

20:17 48:17

endometrium 21:3

21:4,5

engage 106:9

engineer 115:20

ENRIGHT 4:8

enter 61:14

entered 86:20

117:2

entries 61:13

epinephrine

84:20

episodes 42:24

88:6

ER 47:23

erosion 72:19

81:16 108:16

108:20,23

109:1,2

erosions 74:6

essentially 8:22

established

78:24

et 1:6 3:6

evaluated 23:22

event 66:7

events 28:8

30:11,17 33:1

33:13,18 34:10

34:21 39:10,20

39:23 40:2

107:7,14,22,23

108:8

eventually 12:1

40:19 56:6

evidence 107:18

exact 88:19

exactly 72:13

75:6

exam 22:7 43:3

45:8 46:14

66:21 69:18

88:13,14

examination 2:4

2:4,5,5 5:8

19:5,12 43:17

50:9 116:15

126:1

examined 5:7

example 66:7

96:15

exception 90:12

excessive 89:21

exchange 56:21

excising 10:8

exertion 18:4

23:24 65:3

exhibit 5:1 7:4

7:6 12:16 13:6

13:14,18,21

14:2 29:8,22

36:12 57:4,8,9

57:17 63:1,14

82:14,15,20

92:11,12 94:20

94:22 95:1,21

106:13,15,21

120:11 122:18

exhibits 29:13

expect 89:2

expected 103:22

110:14,17

expense 117:3

experienced

46:20 48:20

49:11,17 80:7

90:3 96:18

97:5 109:18

121:14

experiences

68:10

experiencing

73:18

expert 10:13

52:20 53:1,7

53:11 104:13

113:7,10

expiring 77:5

explain 9:14

49:1 86:11

125:14

explained 120:16

explaining 25:17

123:1

explanting 10:6

10:7

explicitly 125:8

explore 23:18

extensively 81:7

external 19:8

extrude 108:17

F

fact 11:8 52:17

53:3 116:22

119:9 122:13

facts 8:22

fail 25:12 73:8

73:14,22

failed 80:12

failure 72:19

73:8

fainted 70:18

fair 13:20 16:20

19:11 28:11

falls 22:21

false 20:2

familiar 28:1

111:23

family 59:5

Fatigue 70:13

FCRR 1:14

FDA 25:13 74:1,4

74:7,11,12,15

122:20 123:9

123:11,14

6:20

7:23 8:14

16:17,18 41:5

41:6,21 42:3

42:20 43:21

44:7,10,13,17

44:18 45:5,7

45:13 46:15

47:3,15,18

48:12,24 49:24

50:3 69:5,5

76:18 77:11,23

78:5 79:7,19

80:8 81:9,14

81:23 82:3,9

82:22 83:15

87:10,14 88:4

88:12 89:6,12

89:13,19 90:5

90:9,15,20

91:20 92:4,18

94:2,19 96:8

101:12 103:8

Federal 111:21

feel 9:14 63:8

felt 35:12

124:12

female 77:13

fever 45:15,18

46:3 89:23

93:11

fibroid 19:22

20:15 67:4

79:14

fibroids 17:11

18:14,16,17

64:6

file 1:3 3:4

11:22

filed 62:2

fill 63:9

financially

128:14

find 19:15

finding 122:1

findings 19:7

22:10 43:6

46:23 52:7

88:10,11

fine 55:4

finger 85:3

firm 61:1 116:22

117:22

first 5:6 15:4,9

16:23 17:2

22:13,14,17

45:2,4 50:15

63:21 69:23,24

71:13 84:1,5

126:14 128:4

five 24:6

flip 7:13

floor 3:12 4:9

97:17

flu 45:23 92:20

93:1,8,10,14

93:17,20 94:16

flu-like 46:8

fluid 48:16

follow 65:9

follow-up 41:24

63:5 70:2

126:4

followed 54:23

55:14 83:23,23

following 21:24

69:14 84:11

85:11

follows 5:7

foramen 84:18,24

foreign 32:8

110:1,4,8,9

forgot 11:19

form 14:15 26:21

28:15 31:8,9

35:8 49:14

64:4 66:24

70:21 72:8

75:4 90:11

92:6 97:1 98:1

99:3,11 100:23

103:10 104:1

105:2,7 109:14

109:19 110:20

111:13 112:21

115:17 125:2

125:20 126:11

126:24 127:6

formal 9:5 118:7

118:11

formation 36:6

37:14 39:23

110:16 124:6

formations

124:24

found 20:15

48:23 125:15

Foundation 64:4

70:21 99:3,11

100:23 109:19

115:17

Frank 112:14

free 9:14

frequent 96:5

front 92:12

function 66:6

further 2:5,5

116:15 126:1

127:14,17

128:10

G

G 77:17

G3P2012 77:13,16

gaps 63:9

gas 86:22

Gastritis 79:13

gastroesopha...

79:9

general 74:11

generally 54:13

59:14,15

generate 13:14

generated 13:7

14:2 44:18

genitalia 19:8

GERD 79:9

give 12:1 46:24

51:8 52:8

67:16

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 37 of 47 PageID #:907
Page 133

given 40:17

43:10,14,16

47:14 128:6,9

go 7:3 12:15

16:6,8,23

21:18 25:15

29:5 30:10

31:4,17 39:8

40:17 41:17,23

42:12,17 44:7

44:8,9,15 45:3

48:7 50:6

57:22 58:2,3,6

66:7,8 70:3

71:7,17 74:12

84:4 115:5

122:18

goes 71:10 75:7

going 7:3 12:12

29:14,15,18,21

30:21 36:10

57:3 58:2,3

60:2,3 62:23

62:24 63:4,5,9

70:2,9,22

82:13 92:16

94:18,20 97:16

102:13 104:5,7

104:23 106:12

106:23 116:6

116:10 123:16

Good 50:12 89:16

GOODWIN 1:5 3:6

gravida 120:14

gravity 77:17

Great 45:3

Greenberg 4:5

50:13

groin 31:24 32:2

32:3 47:9,10

75:8 81:16

85:15 91:21,23

98:9,13,14

100:14,18

120:5

group 5:16,18

117:13

growing 32:1

growths 18:18

guess 15:15

H

H 2:8

habit 26:23

28:18 29:1

half 117:5

hand 106:13

handed 107:4

116:22

happened 44:13

77:2 100:20

101:8,21 102:3

head 96:20 107:5

healing 110:12

110:17

health 122:7,14

hear 55:15

hearing 45:19

46:4 89:24

heart 45:15,18

46:2 47:7

89:22

heavy 15:11,20

17:10 64:6

Hegar 85:22

help 73:17

helped 48:24

hematomas 72:20

hemoglobin 88:14

hernia 79:15

hiatal 79:15

history 58:21

77:10 78:15,23

79:6 80:11

121:5,8

hold 111:19

holding 80:21

home 43:24 89:2

89:6,9 91:7

hook 85:1

hop 116:12

hospital 3:12

45:22 47:21

58:12 93:4,7

127:12

host 36:8 37:16

39:13 124:8

hours 3:10 29:13

36:16 88:23

HPI 92:21

human 38:24 39:5

40:8 110:9

113:12 115:16

116:3

humans 125:10

hundred 94:11

hypermobility

22:16 23:6,14

69:24

hysterectomy

24:18,19 43:15

71:10,15

hysteroscopic

24:19

hysteroscopy

71:11 77:14

78:6 81:5

82:11 83:22

84:2,5,6

I

idea 119:2

identical 63:2

identification

2:9 5:3 7:8

29:24 57:11

63:16 82:17

95:3 106:17

IFU 2:12,14 29:6

33:1,14 34:11

39:8,16,20

40:5,11 125:8

Il 1:14 4:3,6,10

Illinois 3:13,18

111:20,20

128:1

Illness 77:10

immediate 47:24

48:2

immediately 48:3

impacted 34:23

35:24 37:18

38:7,17 39:6

97:6

impair 65:22

66:11

impaired 66:4

imperative 107:1

implant 6:18

7:14 32:8

41:11,13 47:12

79:19 80:8

103:7,21

106:10 111:9

124:3,11,16,21

125:5,13

implantation

30:18 31:6,19

31:20 32:12

38:21,24 39:5

40:8 41:3,7,16

41:20 107:24

110:8 124:18

125:9

implanted 76:8

86:2 97:14

108:11 113:21

126:21

implanting 10:3

71:19 78:10

86:8 107:18

109:2,24 112:7

112:12 126:22

implants 115:16

125:16

important 26:17

31:23 34:1,5

impression 55:13

incidentally

92:20

incision 84:21

84:23,24 85:2

85:16

incisions 84:17

85:17 98:12,20

98:21

include 28:7

59:19 124:3

125:6

included 34:9,20

39:15 40:1,10

108:7

includes 79:23

including 27:14

123:23

incontinence

6:19 15:12,20

17:13,14,17,22

18:1,3,7,10,10

19:21 22:1,23

23:4,15,19

24:2,15 25:3,6

64:5,9,17,21

64:23 65:1

66:11,13 67:3

67:21 68:16,24

69:16 70:8

97:21 103:18

111:11 118:20

119:4,11

126:16

incorporate 12:5

incorporated

12:1,10

increase 122:1

increased 49:13

49:19

independent 14:5

14:8,22 80:22

index 85:3

indicate 40:5

96:7

indicated 40:7

indicates 120:18

indication 92:19

indirectly

128:14

individual 111:4

122:6,12

infection 32:9

72:20 79:14

81:15

infections 32:5

32:6

inferiorly 85:4

inflammation

110:7,11

inflammatory

110:4

inform 26:23

information

15:15 27:5,12

27:17 33:2

34:12 37:18

39:15,16 40:1

40:10,12,18

74:12,16 78:20

99:17 111:3

122:15 123:18

124:4

informed 25:21

25:24 26:5,12

26:16 34:1

72:1

initial 17:23

18:22 19:13,19

21:2 64:13

65:6 69:4

120:2,6

Initially 51:18

77:4

injecting 84:19

injury 51:7

insert 84:7

inserted 75:7

86:18

instance 101:22

instruction

107:9,13,16

Instructions

28:2,3,4,7,14

28:19 29:2

30:7 106:19

107:3 108:8

126:5

instrument 86:5

86:6,14,17

insurance 77:3,5

77:6,7

intact 43:7

integrate 36:7

37:15 124:7

integrated 56:8

integrating

39:12

intend 6:7

113:16

intent 63:8

interacting 9:6

interaction

113:12

Interceed 52:2

intercourse

97:18 106:9

interested

128:14

internal 114:6

Internet 59:20

intimated 6:10

intraoperative

52:7

invoices 60:5,9

involuntary

17:15 64:10,11

65:2

involved 26:7

54:16,22 123:2

involving 38:24

39:4

iron 46:23

irregular 19:1

79:13

irritation 66:14

isolated 95:23

121:21

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 38 of 47 PageID #:908
Page 134

issue 16:21

59:18 108:2

115:11

issued 60:5,9

issues 77:3

J

J 4:9

Jackson 4:9

jobs 114:23

Joe 5:23

JOSEPH 1:5 3:6

4:2

journal 59:20

journal-draf...

12:9

journals 59:11

60:13

JUDGE 1:6 3:6

June 1:10 3:10

jury 83:18

K

Kathleen 1:14

3:16 128:3

Kedziora 2:4,5

4:5 14:15 20:3

20:20 26:21,22

28:15 29:9

30:1 31:8,10

35:8 36:9 46:5

49:14,20 50:6

50:11,13 54:10

57:7,12 63:17

64:7 67:5 69:8

69:9 71:1 72:9

75:10 82:18

83:12,13 87:21

89:17 90:11,14

92:8 95:4 97:4

98:4 99:5,14

100:1,8 101:2

101:17 102:1,6

102:12,21

103:4,12 104:5

104:9 105:5

106:12,18

109:15,22

110:21 111:14

112:23 115:5,8

115:23 116:6,9

125:2,20,22,24

126:3,13,20

127:1,9,14

keep 61:9 89:9

Kegan 54:15,18

54:19,20,22,23

Kenton 55:2,3,5

55:24

kind 17:22 91:17

knew 109:24

122:5,11

know 5:20 6:7

7:1 11:6 13:20

15:16 16:7

26:24 31:2

35:2 45:22

48:8 49:3 50:2

51:16 56:5

101:4 103:5

106:8 113:20

114:8,11,14,17

114:18,23

115:2 119:6,11

121:1 122:13

122:16 123:6

knowing 99:6

110:23

knowledge 97:12

known 35:18

37:11 108:24

109:2

knows 47:24

Kramer 2:4,5 4:2

5:10,24 7:9

9:22 14:19

16:11 20:10,22

20:23 28:17

29:18 30:5,15

31:9,14 35:10

36:24 37:10

46:6 49:16,22

50:5 63:10

64:4 66:24

70:21 72:8

75:4 83:10

87:15 89:16

92:6 97:1 98:1

99:3,11,20

100:7,23

101:10,24

102:4,10,20

103:2,10 104:1

105:2 109:14

109:19 110:20

111:13 112:21

114:19 115:17

116:4,8,12,17

125:3,23

126:11,17,19

126:24 127:6

127:16

Krishna 1:9 2:2

3:9 5:5,12

L

L.L.C 4:2

L.L.P 4:5

label 83:1

labeled 92:10

labeling 108:5

labels 83:7

lack 70:11

lacked 122:7

lactate 84:8

language 33:19

112:16 122:7

122:14

laparoscopic

24:18

Laparoscopic...

71:15

late 89:7,8

laughing 65:8,15

LAVH 71:13,14

LAW 4:2

lawsuit 6:1,4,8

6:11 27:4,11

lawyer 11:8

lawyers 61:14

layman's 48:19

leakage 18:4

23:23 64:19

65:2,14 66:17

68:10 87:1

leakages 86:23

learn 41:13

learned 55:16

79:3 110:3

leave 98:7

lectures 11:24

left 97:19

leg 97:19 100:14

legal 8:10 118:6

118:7

lesion 48:14,16

let's 12:15

16:23 42:17

83:3 116:12

level 70:11

LIABILITY 1:4

3:4

license 3:16

111:20,21,22

111:22 128:3

licenses 111:18

Lidocaine 84:19

life 65:18,22

66:5,11,17

97:7

ligament 67:16

67:17

light 47:8

light-weight

37:24 38:5

124:12

lightheaded 90:4

93:15

lightheadedness

45:14,17 46:2

70:14,15 89:24

95:12 96:6

liked 35:18

37:11

line 29:15 36:18

lining 21:5

71:18

link 20:8

linked 56:5

list 21:9 30:23

32:20 33:14

57:20 73:1

120:13 121:5

listed 14:1

19:23 30:18

31:13 32:24

33:4,16,21

34:10,22 39:23

78:17 99:15

107:12 126:6

lists 57:17

literature 33:3

33:15 34:1,5

59:7

litigation 1:4

3:4 50:14

58:17 60:6

62:3

little 15:13

22:21 24:24

26:10 28:23

45:19 46:4

70:23 89:23

119:23

live 10:11

living 77:20

located 48:5

lock 85:16

logistics 54:4

long 68:9 119:12

look 12:15,17

30:6,22 85:12

86:23 121:19

looked 11:3 56:2

56:4

looking 15:15

44:7 95:17,18

looks 44:12 95:7

95:23

losing 66:8

loss 17:15 64:10

64:11 65:2

lot 9:13

Low 48:14

lower 80:3 83:2

83:4

M

M.D 1:9 2:2 3:9

5:5

ma'am 94:21

Madsen 1:6 3:6

6:1,16,19 7:23

8:14,23 12:20

12:24 14:3,6

14:14,24 15:2

15:5,9,17 16:1

16:13,17,21

17:1,6,22 18:6

18:9,19 19:5

19:13,19 20:15

21:2,19 22:3

24:4,14 25:17

25:22 30:24

31:6,18 32:12

34:12 38:21

39:17 40:3,12

40:15,23 41:21

42:2,19 43:14

43:16,21 44:1

44:4 45:4,9,11

45:23 46:15,20

47:2,5,20

48:11,20 49:1

49:11,17,23

53:4 58:11

59:13 62:2

63:21 64:1,12

64:22 65:10,13

65:18 66:16,22

67:6,11,23

68:14,23 69:4

69:18 70:4,18

71:9,20 72:1,4

72:6,11,23

73:13,21 74:9

74:14 75:1,17

76:3,5,9,11,18

77:1,21,23

79:3,6,18 80:7

80:17,20,23

81:9,22 82:1,9

83:15,20 86:1

87:10,13 89:5

89:12,18 90:2

90:3,16,19

91:19,24 92:2

92:10,20 93:24

95:6,10 96:8

96:18 97:13,23

98:6,15,22

99:10,16 100:4

100:22 101:9

101:22 103:6

103:20 106:8,9

108:11 109:24

112:10,12

113:21 117:22

119:14,19,24

120:4 121:1,7

121:7,11,21

122:21 123:1

123:10 124:3

124:11,16,21

125:5,13

126:22

Madsen's 10:23

21:6,22 23:19

29:7 40:20

50:2 59:8 66:4

92:18 95:22

102:16 104:17

107:19 109:3

109:12 118:18

main 5:21 47:16

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 39 of 47 PageID #:909
Page 135

47:17

maintain 59:1

60:13,17

maintaining 85:2

making 26:6

84:17 113:3

Maloney 1:14

3:16 128:3

Management 3:13

manager 53:22

55:10,17

manager's 53:23

manner 85:16

manufacturer

27:23 30:17

127:11

manufacturers

28:12

manufacturers'

127:4

manufactures

8:18

mark 7:4 29:5

57:3 62:24

63:4 82:13

94:20,21

106:12,13

marked 5:2 7:7

12:16 29:23

36:12 57:10

63:2,15 82:16

82:19 95:2,21

106:16,21

120:11

market 35:13,20

36:6 37:14

38:6,16 40:18

123:22 124:6

124:17

marks 98:7,10

Marlex 125:7,15

125:18

marriage 128:11

Martin 4:5 50:12

Master 1:3 3:4

material 85:14

110:9 111:23

112:3,11,17,17

115:14 122:6

125:6

materials 10:16

110:4

matter 54:9,11

54:22 85:8

117:8 128:15

MDL 1:4 3:5

mean 17:3 22:20

32:1,7 66:3

68:12,15,18

69:7 88:1,9

91:15 97:2

105:7,15

120:22

meaning 26:4

means 47:24

51:16 68:23

73:16 91:19

120:16

measured 86:20

measurement

86:16

measurements

69:16

measuring 48:17

media 85:7

medial 84:18

medially 85:5

medical 2:11,13

5:15,17 6:13

6:15 10:21,22

12:19,23 13:4

13:6,8,13,14

13:21,22 14:1

14:12 15:1

16:1,13,24

20:1 27:7,14

27:23 28:11,13

28:19 29:2

33:3,15,24

34:5,18 38:23

39:4 40:14

41:14 56:14

58:13,19,21

59:7 60:15,23

61:3,5 62:24

77:9,10 78:15

78:21 79:4,5,6

79:23 97:10

99:8,18 100:3

102:23 104:11

110:5,24 111:8

111:20 112:4

112:16 115:9

115:16 117:13

117:19 121:4,7

medically 96:23

medication 21:17

medications

21:11,13

Medicine 5:17

medium 84:9

meet 11:11 80:20

memory 30:22

32:17 89:16

menses 19:1

79:14

menstrual 15:11

19:3

mention 92:19

mentioned 18:19

114:7,20 120:8

mesh 6:18 9:24

10:2,5 35:4,13

35:20 36:5

37:14,24 38:5

38:12,16 39:21

47:12 49:13,19

97:13 99:10,16

100:19,21

102:17 108:5

108:17 109:6

111:9 113:3,4

113:11,17,20

122:2 123:22

124:3,5,11,13

124:16,17,21

124:23 125:5

125:13,18

126:15

mesh's 113:12

meshes 74:11

messages 59:19

met 50:16,18

Metzenbaum 84:22

mid-urethral

25:7 40:24

middle 64:16

66:9

midurethral

71:12 77:14

78:6 81:5

82:12 83:22,24

84:13,16

mild 22:18,19

milliliters

48:15

millimeters

48:17

mind 32:19 74:8

98:24

minimal 88:5

minute 16:6

30:22 44:20

88:23

minutes 25:16

72:7 123:1

miscarriage

77:19 120:19

Mischaracter...

67:1 92:7

103:11 112:22

misunderstan...

33:11

moderate 19:2

48:16

moment 11:3

money 117:14

monies 117:17

Monroe 4:3

month 70:19

months 62:7

70:19 93:7

morning 50:12

87:12,14 88:20

89:10

MSDC 112:17

MSDS 122:14,15

mucosa 108:18,19

multiple 77:24

94:10

muscle 18:17,18

muscles 75:8

N

N 2:1

name 5:11,15 7:1

8:3 11:17

15:21 50:12

51:19 53:23

114:18 127:11

named 52:11

72:23

nature 23:18

51:3 54:14

nausea 79:15

near 14:2 49:6

necessarily

120:24

need 8:21 61:16

121:19

needed 37:24

38:4 55:15

124:13

needle 85:4,9

needles 75:7

negative 48:13

95:8 105:16,17

105:17,18,19

105:23 106:1,5

nerve 80:4,5

97:18,19

never 10:2,5

55:14 114:4

new 112:9

night 65:12

nocturia 65:11

65:11

Nodding 96:20

107:5

nonspecific

46:23

Nontender 19:10

normal 13:8,13

13:22 19:8,8,9

19:13 21:3

24:7,8 88:13

88:13,14 91:22

98:18 103:22

110:12,17

121:17

North 3:12 5:21

Northwestern

5:17

notable 22:10

notary 3:17

notation 80:11

note 7:12 25:11

41:24 77:9

88:22

noted 13:4 19:16

19:23 23:7

37:2 43:8

65:10 73:7,24

84:10 85:13

87:1

notes 58:20

88:23

notice 2:12 3:18

23:9 57:3,13

61:23

NovaSure 86:5,13

86:15,17

number 33:10

57:4 82:23

83:4 92:11

115:18 126:23

numbered 83:1

numbers 120:13

numbness 97:19

100:15

O

oath 3:10 128:4

OB-GYN 6:14

object 29:15

92:6 125:2

objecting 36:18

objection 14:15

20:3 26:21

28:15 29:10,15

31:8 35:8

36:10,21 37:1

37:2 46:5

49:14 64:4

66:24 70:21

72:8 75:4

90:11 97:1

98:1 99:3,11

100:23 103:10

104:1 105:2

109:14,19

110:20 111:13

112:21 115:17

125:20 126:11

126:17,24

127:6

objections 49:20

99:20 100:7

101:10,24

102:4,10,20

103:2 116:4

objective 24:1

88:8,10

observe 69:21

observed 33:2,15

33:24 90:2

97:23

obtain 8:22

40:19

obturator 84:18

84:24 85:1

occur 33:24 34:5

107:23 108:10

odor 45:16 89:22

offer 104:24

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 40 of 47 PageID #:910
Page 136

105:10 113:16

office 5:20

10:23 12:19,23

15:5 16:3,23

21:23 44:12,18

45:9 47:5

56:10,23 60:8

87:16

office's 13:23

official 60:15

Oh 6:24 32:1

42:10 127:3

Okay 6:8,9 7:13

7:22 8:7,11,24

9:5,9,15 11:9

12:13,14 14:11

20:19 24:24

25:20 26:9

28:6 30:10

31:1,5,22 32:4

32:18,22 34:20

40:14 42:18

44:20 45:1,3

45:17,20 46:1

47:23 48:3,9

49:6 50:6

51:24 54:13

58:5 59:16

60:13 61:3,18

61:22,22 62:15

62:17 63:9

71:13 76:24

80:22 88:3

91:19 92:15

95:20 96:3

100:2 102:7

108:23 116:6

116:12 118:5

118:10,14,16

120:12 121:10

123:16,18,19

127:14

old 17:6

once 125:15

one-page 56:4

ones 73:2 100:13

online 75:13

open 38:5

open-pore 37:24

124:13

opening 23:13

43:9 85:5

operating 80:17

operation 13:9

13:23 83:14

operative 2:11

2:13 7:12

10:24 82:11,13

82:21

opinion 46:11,11

101:21 102:2,7

102:9,15

104:13,14,16

104:20 105:7

105:18,19

106:1,5

opinions 104:24

105:10,13,16

105:23 113:16

option 24:14

options 25:2,5

orders 21:9

organ 19:15

111:10

outcome 117:9

outside 98:7

overengineered

35:5,14,21

123:23

overflow 17:20

overlap 63:12

overnight 89:9

P

p.m 88:22

page 2:1 7:10,14

7:17 16:24

20:19,20 21:18

30:10 32:24

39:9,19 40:17

41:23 42:9,12

42:14 44:6,8,9

44:11,13,15,16

48:7 55:5 58:6

58:6 64:16,16

65:21 66:20

69:17 71:8

77:8 78:13

79:11,12 80:15

81:2 82:23,24

83:1 87:18

89:15,15 90:18

92:14 94:4

107:2 120:8

121:4 122:19

paid 117:9,18

pain 19:2 31:24

32:1,2,3 47:8

47:10 72:19

74:6 79:15,22

80:3 81:16

88:5 89:21

90:24 91:12,16

91:18,20 97:17

97:18,19

100:14,15,18

108:14 119:19

119:22,24

120:5 126:10

painful 97:18

palpations 89:22

palpitations

45:15,18 46:3

47:7 95:11

Pap 79:13 121:6

121:12,15,17

para 77:18

120:14

paragraph 65:10

74:5 91:10

part 6:4,7 19:24

26:12,16 27:3

27:11 41:14

54:1 59:14,15

110:12,17

111:8 114:7

particular 8:3

27:1 29:2

33:23 34:4,6

34:17,17

parties 128:11

128:13

party 6:10,11

51:15 53:8,10

66:8,9

pass 27:7,18

passed 34:11

39:17 40:2,12

47:12

passing 96:5

pathology 20:18

21:11 84:9

patience 8:12

63:12

patient 10:23

20:14 23:9

26:6,23 27:18

43:24 52:4

54:23 55:14

60:1 64:18

66:12 68:9

71:5 73:18

77:13 78:23

87:6 88:2,3

89:2 91:7 93:2

110:1 111:6

patient's 60:23

78:23 111:4

patients 13:9,12

26:1 59:23

60:14 72:17

73:4,17 112:5

126:16

Patrick 4:9

11:18 53:17

payee 117:13

payment 56:9,13

56:19,22

116:19

pelvic 1:3 3:3

9:24 10:2,5

19:4,12,15,20

22:7 43:3,17

46:14 66:21

91:17 97:17

111:10 119:19

119:21,22,24

pelvis 47:22

penetrated 85:9

people 66:6

114:18

people's 114:17

114:23

percent 34:19,22

38:13,17 39:21

39:21 73:15,16

94:12 124:18

124:22

perforated 85:1

perforation 33:9

72:20 81:15

85:4

perforations

85:12

perform 40:20

41:6,7,10 72:6

78:4 81:4 84:1

performed 41:20

66:21 78:10

82:8 83:15,19

84:11,13,16

85:12 86:7,12

86:21 87:3

88:15,16 98:5

100:4 109:17

performing 73:4

perineal 66:14

period 40:6

49:12,18 76:19

77:1 87:2

periods 15:20

17:10 64:6

periosteum 67:17

peripheral 21:3

permanent 38:24

39:5 40:7

personally 13:17

17:3 21:19

76:24 117:15

pertaining 3:15

Phillip 125:6

Phillips 112:15

125:14

phone 13:1,2

49:10

phonetic 85:13

photographs

58:24

phrase 26:5

physical 95:13

physician 5:13

52:23 78:24

79:1

physicians

110:22

Pink 42:7

pinkish 89:21

90:13

place 11:8 29:7

82:22

placing 67:17

plaintiff 5:24

27:4,10 58:22

59:1,4 103:13

113:1

plaintiff's

29:12 36:14

51:19 56:10,22

59:5 60:6,10

60:22 61:1

62:9,10 63:2

70:1 104:11

106:20 107:17

113:23 116:22

117:2,4,22

Plaintiffs 1:9

4:4

plan 11:24 43:20

71:7,8 81:2,3

planned 27:19

41:17

planning 78:4

105:9,12

plate 36:6 37:15

39:11,22 124:6

124:24

please 5:11

31:17 37:7

106:14 115:22

point 12:5,10

28:18 29:3

30:8 64:15

65:20 121:12

pointed 65:6

polyp 20:15 70:6

84:10

polypectomy

24:19 71:11

polypropylene

38:22 39:3

40:6 115:10,15

116:2 125:7,15

125:18

polyps 19:21

67:4

poorly 14:20

pore 36:5 37:13

112:24 113:2,3

113:11,11,18

113:20 124:5

positive 20:2

possession 51:22

58:13,16 59:16

59:22

possibility 89:8

possible 20:2

33:20 44:19

55:1 93:16

94:11,15

100:10,13,14

101:1,4,5,19

119:21

possibly 48:15

76:23 80:3

99:22

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 41 of 47 PageID #:911
Page 137

postimplanta...

38:12 39:22

124:23

postop 10:24

46:13 90:21

91:9

postoperative

45:8 46:22

49:12,18 122:2

postoperatively

44:2 45:6 49:7

posts 59:20

postvoid 24:4,9

potential 26:18

28:8 93:19

96:3 107:21

110:7,23

potentially 79:3

practice 5:15

13:8,13 53:22

53:23 54:1

55:10,17 63:19

111:8 112:2,4

116:2 117:19

precautions 47:1

pregnancies

77:17 120:17

pregnancy 19:23

20:5,6

preimplant 96:18

prejudice 29:19

30:2

Premature 96:2

Prentice 54:20

preop 80:21

prepare 10:19

11:4,11 61:10

61:19

prepared 114:9

prescribe 110:24

112:4

presence 116:23

Present 77:10

presented 18:13

45:12 47:15

49:8 90:20

119:14

pressure 19:20

45:15,19 46:3

67:2 89:23

presumably

123:10

preterm 77:19

preventing 39:12

previous 103:3

previously 12:16

63:3 106:21

107:10

primary 8:23

22:2

prior 32:12

38:20 52:5

53:19 60:22

62:21 66:15

67:7,12,23

68:4 69:1

70:19 72:17

73:4 76:21

79:7,19 80:7

80:16,17 82:2

86:8 90:8 92:3

92:12,21 93:1

93:6 107:18

109:2 112:22

118:18 119:9

119:20 120:5

121:16 124:3

124:11,16,21

125:5,13

126:21

probability

97:10 99:8,18

100:3 102:23

probably 63:11

70:18 117:1

problem 24:22

68:24

procedure 25:17

26:2,7,7,14

27:1,19 40:22

67:8,9,11,14

67:19,23 68:2

68:9,15,18

71:17 72:18

73:5,9,17 75:1

75:6 76:4,7,13

76:17 80:12,16

81:3,10,22

82:2,8,22

83:18,20 84:1

85:19 86:12

87:4,7,10

88:16,24 89:1

89:7,9 90:5,8

91:23 98:5,6

98:16 99:23

100:4 101:15

103:21,23

106:10 109:17

118:19 119:3,5

119:9,17,20

120:1,6 122:24

123:2 124:11

124:16,22

125:5,13

procedures 71:20

72:5 77:24

78:3,10 109:9

proceed 30:3

36:9

proceedings 8:10

process 48:14

110:12,18

produce 12:12

58:9

produced 29:11

36:17 58:12,20

60:18 63:1,19

124:17

product 6:22

7:20,23 8:13

9:24 27:6 31:7

34:7 38:7

39:11,12 40:7

41:1 59:17

60:2 76:8

86:10 97:14

99:10,16

100:19,21

102:17 103:14

103:18,19

105:1,8,11,14

105:20,21,24

106:5 107:24

108:5,11 109:3

109:23 112:9

112:12 113:21

115:11 126:22

products 1:4 3:4

35:4,13,20

106:2,3 112:3

115:10,13

123:22 127:5

professional

111:18

progressed 50:3

prolapse 15:12

15:20 19:16

22:14,18,19

23:1,2 24:21

64:5 69:24

70:7 111:10

pronouncing 86:5

proper 85:21

116:3

properly 86:2

proposed 26:13

26:18 27:1

protocol 45:24

93:1,4

protrudes 22:21

provide 6:15

14:12 15:1

27:13 29:12

36:14 62:13

provided 15:24

16:13 29:17

30:24 32:12

36:23 53:3

62:10

PSR 92:10 94:6

PTO 36:13

PTO48 29:11

36:13

public 3:17

29:20

publications

12:4

pulmonary 46:12

46:13,19 47:17

47:19 48:4,13

48:21

pumps 86:22

purpose 8:24

21:22 114:12

pursuant 3:14,18

29:11

put 78:21 85:23

91:15

PVCs 95:24 96:5

121:21

Q

qualifications

115:19

qualified 111:15

quality 65:18,22

66:5,11 97:6

question 9:8,9

9:12,15 13:11

14:17,20 15:13

15:14 16:8

24:24 27:9

28:23 31:3,15

37:6 39:19

42:18 49:15

60:7 68:13

70:22 100:9

101:3 102:13

103:3 104:4,6

104:8 106:23

108:4 115:21

119:23

questioning

29:16 36:18

questions 9:13

29:21 36:21

60:3 63:5,7

70:3,9 74:14

74:19,21 76:12

82:1,5 112:24

113:2 114:1

115:19 116:19

116:21 121:10

122:5,20 126:4

127:14

quickly 106:23

quote 25:12,15

R

R 1:5 3:6 4:2

RA 94:12

RADHA 1:9 2:2

3:9 5:5

rare 121:21

rate 33:2 34:14

34:17 38:11,16

rates 25:12

33:14,23 34:4

34:9,21 73:8,9

73:14,22

reached 12:9

reaction 94:11

94:15

read 25:13,18

28:19,22 29:1

37:8 66:1

91:10 118:3

123:10

ready 31:2

really 100:20

121:19

reask 14:21 16:8

31:16 42:17

reason 20:7

69:12 89:5,18

90:19 95:9

108:4

reasonable 97:9

99:8,18 100:2

102:22

reasons 22:2

recall 6:22 7:22

8:13 15:4,9,24

16:12 56:3

62:6 64:3

65:17 67:6

72:3 73:2

74:10,15,18

75:16,18 76:11

76:15 82:2,4

88:15,18,19

95:5,7,16,17

96:19 98:3,21

113:1,22,23

116:18 118:1

118:13,17,22

121:5,23 122:4

122:8,19,23

126:7 127:11

receive 56:13,19

62:5,8 117:14

received 56:9,22

58:5 60:21,24

61:3 62:1,20

93:3,6 95:14

117:21 118:10

Recess 50:8

116:14

recognize 7:11

recollection

7:19 14:6,8,23

15:17 44:22

72:10,13 80:23

recommending

72:6 112:8

record 7:14 8:8

9:7 15:19 16:9

16:10 19:16

20:1 37:2,3,8

44:6,16,23

50:7 63:11,18

65:5,20,21

66:4 73:7,24

79:17,23 81:21

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 42 of 47 PageID #:912
Page 138

82:19 89:15

90:18 92:7,16

94:6 97:17

102:8,14 115:6

115:7 116:13

118:24 120:10

125:24 128:9

records 2:11,13

10:21,22 11:1

13:6,7,14,18

13:21 14:1,12

15:1 44:21

55:19,21,23

56:15 58:10,11

58:13,19 60:15

60:23 61:4,5

61:18 62:24

63:18 64:15

69:18 77:9,10

79:4,5 82:20

90:3 92:10

94:8 96:7

120:9 121:19

recurrent 97:20

refer 59:24 74:4

83:7 87:15

92:9 95:10

121:18

reference 20:18

44:9 48:8

113:3

referencing 37:5

referred 15:16

15:19,22 55:6

63:24 64:3

95:6 114:7

referring 20:21

36:11 55:1

75:11 91:16,17

94:16 113:24

reflect 37:3

reflected 16:3

reflux 79:9

refresh 7:19

44:21,22

regard 35:6,14

35:21 123:24

regarding 59:17

80:12 92:17

95:22

Regional 5:17

regularly 13:7

reimburse 117:4

relate 9:24 33:3

36:22 58:16

59:13 119:20

120:1

related 27:1,5

31:6,19 46:11

76:13 119:16

120:5

relates 1:5 3:5

113:18

relating 8:22

12:19 27:6,12

28:13 29:16

30:18 36:21

125:7

relation 101:14

relative 128:12

released 29:20

89:2,6

rely 59:7

relying 14:11,24

remains 24:10

remember 15:21

31:23 51:19

63:24 77:6

92:11 114:2

removed 21:2

84:10

removing 10:10

rendering 104:13

104:16,20

REPAIR 1:3 3:3

repeat 27:9

49:15 52:6

60:7 63:7

99:13 115:21

rephrase 9:14

13:10 97:5

report 2:11,13

2:14 10:24

18:6,9 20:19

42:5,19 64:22

78:22 82:13,21

83:14 87:23

90:24 92:17

95:20 103:20

reported 42:16

64:12 65:13

90:2,9 128:6

Reporter 57:6

128:5,18

reporting 103:6

reports 95:15

represent 5:24

50:14 92:16

97:16 118:14

representative

35:11 112:15

represented

11:14 29:6

Request 58:7

requested 37:8

required 25:24

36:13,13

requirement 35:7

35:15,22

123:24

requires 29:12

requiring 121:11

research 12:8

35:3,12,19

36:4 37:12,22

38:3,10 114:1

123:21 124:4

reserve 116:6

residency 41:14

51:6,11,13

residual 24:4,9

resolve 68:19,20

73:17

resolved 49:4

respect 58:10

86:13 102:15

114:20

respond 29:18

response 110:4

responsibili...

115:3

responsible

110:23

rest 116:7

restroom 116:11

result 48:8

108:13 109:8

126:10

resulted 36:6

37:14 100:5

124:6

resulting 39:22

results 95:14

retained 10:13

retention 72:19

81:15

return 40:14

47:5

reveal 43:17

48:12

review 10:19

112:2,7,11

reviewed 62:20

107:16

rider 57:16,16

right 11:14,20

16:18 20:11

25:13,18 26:14

26:19 32:19

44:13 48:1

55:3 62:23

73:2 74:10

75:21 77:4

81:2,18,22

83:2,4 91:9

94:18 107:22

116:9,23

127:12

rigid 36:7 37:15

39:11 124:7

Ringer's 84:8

risk 3:12 32:9

33:2 34:9,15

34:16,21 49:13

49:19 81:6

109:5 122:1

risks 25:12,17

26:6,18,24

27:5,13,18

28:8,12 30:18

30:24 31:5,11

31:12,18 32:11

32:15,24 33:4

33:7,8,16,20

33:24 34:4,10

34:22 72:5,15

72:16,22 81:9

81:13 107:12

110:23 123:2

Road 3:12

room 3:13 49:8

80:18 92:3,17

94:7

routinely 72:15

72:16

RPR 1:14

rule 46:12,18

47:19 48:20

rules 3:14 9:6

run 116:10

running 85:16

S

S 2:8 4:5

safety 111:24

112:3,11,17

122:7 125:6

SAITH 127:17

saw 11:1 14:3

15:4 16:17

17:1,3 22:5

45:4 47:2 69:3

87:19 89:11

saying 29:19

100:18,19

101:13,18

118:10

says 7:14 44:7

91:12 94:10

121:16 128:4

scan 48:4,8,11

48:19,24

scanned 56:1

scar 36:6 37:15

39:11,22

110:16 124:6

124:24

scars 98:7,10,20

scheduling 54:4

sciatic 80:4,5

97:18

sciatica 79:23

80:2,3 100:15

scientific

112:18 122:8

122:16

scissor 84:23

scope 126:11,24

127:6,7

se 23:5

second 16:9 50:7

51:5,6,10,13

82:24,24 115:6

125:24

seconds 87:2

116:8

section 30:11,17

33:2,13,16,19

34:10,21 39:10

39:20,23 40:2

78:14,18,21

87:22 91:11

94:7,8 107:6

107:13 108:8

126:7

see 7:14,16 13:2

15:10,14,18

19:24 21:9,19

30:11 41:23,24

42:2,12 44:1,4

44:10 48:4

49:23 56:7

64:19 65:23

67:12,24 68:7

70:19 71:14

74:2 76:18,24

77:21,23 78:15

78:18 79:23

80:12,17 83:1

83:5 87:22

89:19 90:15

91:4,5,11,12

92:4,22 94:1,8

94:10 107:6

seeing 80:17

118:18 121:12

121:15

seek 17:9

seen 30:8 55:23

57:13,20 63:21

78:24 87:10

96:7,12,13

101:11 107:9

123:4

selling 125:14

send 89:9 118:15

sent 21:10 47:21

48:3

separate 60:17

82:14

September 35:3,5

36:5 37:12,23

38:4,11

serious 91:17

serve 53:10

set 12:18 28:7

94:6

severity 18:21

sexual 106:9

shakiness 45:18

shaky 45:14 46:2

89:24

share 117:3

sheet 112:11,18

122:7 125:6

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 43 of 47 PageID #:913
Page 139

sheets 111:24

112:3

shell 125:17

shorthand 128:5

128:6,18

shortness 46:22

46:24 47:7

90:22

shot 45:23 92:20

93:1,10,14,18

93:20 94:16

shots 93:8

show 55:19 59:23

60:1 74:24

75:16 95:21

104:23 123:1

showed 76:4,13

124:2,10,15,21

125:4,12

showing 25:16

37:4

shows 47:24

59:24

shrinkage 38:11

38:16 39:21

124:22

shrunk 124:17

sic 66:23 67:8

68:14 69:5

76:18 77:24

109:3 112:17

side 44:21,21

85:8 93:10,14

93:17,19

110:23

sign 19:15

signed 44:16,17

significant

26:24

significantly

65:22 66:5,18

97:6

similar 30:6

85:6,8 90:7

106:20 107:17

similarly 33:18

simply 52:22

sir 13:5

sit 49:3

sits 60:12

sitting 56:16

size 19:9 36:5

37:13 113:1,2

113:3,11,11,18

113:20 124:5

skin 85:15,17

slash 19:22

21:14 67:4

77:19

sling 6:18,24

7:1 25:7,16

40:24 59:18

71:12,19 72:14

72:17 73:4

75:1,8 76:4,8

77:14 78:6,10

81:5,6,10

82:12 83:24

84:3,14,16

85:6,9,14,20

85:21 86:2

87:3,5 98:6

99:23 100:3,16

122:24 126:15

127:5,12

slings 86:8

small 43:1 88:6

98:20,21

smear 79:13

121:6,12,15

smears 121:17

smooth 18:17,18

sneezing 18:5

65:3,4,14

social 66:7

solid 48:16

somebody 68:8

soreness 91:21

91:23

sorry 8:11 13:10

14:16 27:9

42:8 43:12,15

44:8 52:3

54:17 63:21

69:5 72:11

76:17 77:11

80:10 82:11

89:3 93:5

104:3 114:18

114:19

sort 22:20 59:20

sources 27:20,22

SOUTHERN 1:1 3:1

speak 53:13,16

53:21

specialty 6:13

specific 6:22

16:21 31:12

33:4,19 45:11

74:7 75:15,18

86:1 100:20

101:8,22

102:16 112:10

118:22

specifically

10:22 18:2

38:23 39:3

40:22 42:15

46:18 47:19

59:12 73:13

84:15

specimen 21:11

speculation 20:4

99:12 100:24

105:3 109:20

spend 56:24

61:10 117:19

spent 25:16

61:19 72:4

spiral 85:1

spoke 53:18

spontaneous

120:19

spotting 47:8

90:23

SS 128:1

stab 84:23 98:11

stable 87:6

stage 12:9

stairs 65:8,15

stand 31:15

77:16

standard 92:24

110:7

standing 36:20

36:24

standpoint

113:15

stands 8:16

77:17

start 126:14

started 84:17

starting 64:18

starts 89:15

90:18

stat 47:21,24

48:11

state 3:18 5:11

29:10,14 36:10

88:3 111:20,21

123:20 124:11

124:16,22

128:1

stated 118:24

122:13

statement 91:11

91:11

statements 60:5

60:9

states 1:1 3:1

3:14 15:19

65:21,21 88:2

91:7

stating 35:20

125:8

status 20:5

Steri 85:18

sticker 7:16

stitches 67:17

stopped 125:14

Street 4:3 5:21

strength 35:6,14

35:21 123:24

stress 6:19

17:20 18:1,2

18:10 24:2

25:3,6 64:23

64:24 70:7

82:10 103:17

111:10 118:19

119:3,10

126:15

strike 20:24

34:15 35:17

43:15 46:17

55:8 56:19

68:13 71:6

73:12 77:22

78:4 83:3

93:18 97:11

104:6 108:24

strips 85:18

subject 54:8,11

subjective 42:13

87:23 88:1

subpoena 60:23

60:24 61:6,7

118:4,5,6,12

Substance 111:21

substantive 54:5

suburethral 43:7

84:22 85:5,15

successful 86:24

successfully

119:4,10,12

120:18

sue 6:7

sued 6:3 51:17

52:11

suitable 115:16

116:3

Suite 4:3,6

Sumika 125:7,14

summarize 19:11

58:21

support 67:16

supported 122:14

supporting 122:8

supposed 67:19

75:9

sure 7:2 8:9

9:16 13:5

26:11 29:10

32:10,14 40:16

45:21 55:4

56:2 63:6

83:12 85:23

86:4 100:15,17

106:24 109:11

109:16

surgeon 10:3,6

surgery 26:18

29:7 40:20

41:4,20 42:3

42:21 43:17

47:12 73:23

76:22 79:7,19

80:8 96:24

99:2 103:7

109:6 110:14

119:21 124:3

surgical 26:2,14

27:1,19 40:22

80:11

surprise 70:17

70:23 71:2

surprised 55:15

suture 85:17

115:14

swelling 89:21

switch 94:18

sworn 5:4,7

128:4,8

symptoms 17:12

21:7,8 46:1,7

46:8,10 47:14

64:8 65:17,21

66:4,17 68:19

68:20 70:12

73:18 90:7

91:1 93:24

96:3,18 97:6

99:9,19 100:21

101:16 102:17

102:23 103:7

103:22 118:20

119:4,11,12

121:5

system 1:3 3:3

8:1,2 61:15

systems 56:5,7

T

T 2:8

take 12:15 16:6

20:16 30:21

44:20 46:21

taken 1:9 3:10

50:8 58:24

86:16 116:14

talk 45:20 73:22

talked 51:9 90:1

96:14,17 126:5

talking 56:6

technique 67:15

telephone 96:14

television 47:24

tell 31:11 36:3

37:21 38:9,22

54:13 68:8

73:12,13 74:11

74:15 83:18

86:11 109:16

ten 47:8,10 88:5

121:16 127:2

tension 85:21

tension-free

85:24 86:2

term 28:1 49:7

terms 48:19 54:8

117:9

test 20:6,8

23:21 24:1,5

testified 5:7

10:2,5,11 58:8

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 44 of 47 PageID #:914
Page 140

63:20 66:21

70:18 71:23

101:11 112:16

122:6

testify 92:24

testimony 9:24

51:8 52:8

101:4,7 112:22

117:9 118:1

128:6,9

tests 20:8 23:17

76:21

text 59:19

textbooks 59:11

Thank 127:15,16

Thanks 20:12

Theresa 53:24

54:3

thickness 48:18

thighs 97:20

thing 8:20 23:7

things 28:9

32:23 108:7

123:17,20

124:2,10,15,20

125:4,12

think 7:2 8:4

20:6 32:16

33:9,11 44:16

49:10,11,17

52:10 54:12,15

61:2 73:15

74:6 77:2,6

88:21 89:14

91:3,10 103:19

104:6 115:18

121:20

Third 3:12 4:9

three 34:19,22

62:7 77:18

120:17

three-millim...

98:11

thumbing 11:1

tightness 97:18

time 6:8 9:12

11:4 12:5,17

14:2 15:24

16:12 17:2

22:5 28:21,23

29:7 30:8 32:8

35:13 36:7

37:16 39:13

40:19 45:4

47:2,11 50:15

56:16,24 61:9

61:13,14,19

62:1 63:13

68:16 72:3

76:19 77:1

85:20 87:9

88:15,16,19

89:11 92:2

96:8 98:2

104:2 116:7

117:5,18 124:7

127:16

times 9:3 85:3

126:19

tiredness 70:13

tissue 36:8

39:13 124:8

tissues 37:16

110:17

today 8:21 10:17

10:20 11:2,12

11:15 49:3

50:15,19 52:22

53:14,19 56:15

56:17 57:14,19

57:24 60:12,22

61:20 62:16,21

63:20 114:2

116:19,23

117:4,10,18

told 31:5,18

35:11 38:2,15

39:2 46:23

70:17 73:21

top 45:3

TORHOERMAN 4:2

total 23:22

77:17

totally 98:18

Trace 43:8

train 41:10

trained 41:7

training 110:5

transcript 51:22

52:15

transobturator

8:1,2,17 25:8

40:24

Traurig 4:5

50:13

treat 21:6,8

67:20 118:19

119:12 126:15

treated 16:20

22:3 119:5,10

treating 13:9,12

52:23 59:8

treatises 59:8

treatment 6:15

8:23 12:19,23

15:5 17:9

24:14,17 25:2

25:5 40:15

43:20 53:4

54:24 55:12,15

59:13 60:14

71:8 111:9

trial 10:11

104:23 105:10

tried 106:8

trimmed 85:14

true 9:11 93:9

93:13 128:8

try 58:3 63:9

88:22

trying 46:12

58:4 63:7

turn 7:10 66:20

69:17 77:8

78:13 80:15

82:23 92:14

94:4 107:2

122:19

Tweets 59:19

twice 9:4,17

46:24 51:1

92:3

two 22:2 34:19

42:24 47:6,8

47:10 56:14

70:19 77:18,20

84:17 88:5,6

98:11 106:24

120:17

two-and-a-ha...

84:21

type 13:21 18:9

59:21 64:21

99:1 109:1

types 17:16,19

108:20,23

109:1,8

typical 98:10

U

U.S 1:6 3:6

Um-hum 9:19

30:12 64:20

70:16 72:2

94:9 96:9

107:8 118:21

120:15,21

unclear 31:13

undergoing 26:2

undergone 118:18

underneath 85:23

understand 5:23

6:3,6 8:20

9:13 14:18

97:12 100:17

101:3,19

117:12 118:5

understanding

54:21 66:15

67:22 73:10

80:6 94:14

104:10 108:9

117:17

understood 9:9

underwent 91:24

103:24

unique 109:5

unit 86:20,22

United 1:1 3:1

3:14

unknown 20:6,7

unpack 26:9

unspecified

19:21 67:3

unusual 43:18

47:11

upfront 7:4

Upputuri 1:9 2:2

2:9 3:9 5:1,5

5:12 7:6 29:22

39:9 57:4,9

63:14 82:15,21

95:1 106:15

Upputuri's 63:19

urethra 23:9,11

85:23

urethral 22:16

23:6,14 51:6

69:24

urge 17:21

urgency 45:15,19

46:3 89:23

urgency-type

18:6

urin- 82:10

urinary 6:19

15:11 17:12,13

17:14,16 18:1

18:2,10 19:21

22:23 24:2,14

25:3,6 45:15

45:18 46:3

64:17,18,21,23

65:1,14 66:10

66:16 67:3,21

68:10,16 69:16

70:6,8 72:19

81:15 103:17

111:10 118:19

119:4,10

126:15

urinates 24:11

Urination 65:12

urine 17:15 18:4

21:10 22:1

23:11 24:5,10

64:10,12 65:2

66:9

urogynecologist

54:20

Urotech 7:2

use 28:2,4,7,14

28:20,23 29:2

30:7 34:6,18

34:23 36:1

37:19 38:7,18

38:23 39:6

60:2 75:14,22

75:23,24 85:1

85:22 106:3,19

107:3,16 108:9

108:10 112:3

115:16 116:3

126:6

usual 112:2

usually 66:6

73:15,22 74:10

88:22 89:4

112:6,7

uterine 18:18

19:20,21 20:15

22:14 23:1,2

24:20,21 67:3

69:23 70:6,7

71:11,16 77:15

81:6 82:10,11

83:23 84:7,11

86:6,15,22

uterus 18:18

19:9,10 21:5

23:3 71:18

86:18

UTI 79:14

V

v 1:6 3:6

vagina 19:9

22:21 108:18

108:22

vaginal 17:10

18:20,22 19:4

19:12 22:7

23:3 42:5,19

42:24 43:3,16

45:16 71:15

79:14 88:6,14

90:22 108:18

108:19 109:6

111:9 126:15

Vague 75:4 98:1

104:1 110:20

Vaguely 113:5,6

Valsalva 23:24

43:13

variety 27:20

vault 23:3

ventricular 96:2

verify 32:23

121:11

Veronica 1:6 3:6

5:24 6:16

10:23 58:11

version 106:22

versions 106:24

versus 24:19

117:22

Vezino 4:9 9:20

11:18 12:13

14:17 30:13

53:17 54:8

69:7 87:18

116:10

Vicryl 85:17

video 59:23,23

75:3,11,12,16

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 45 of 47 PageID #:915
Page 141

75:20 76:7,12

76:14 85:11

122:24 123:4,6

videos 25:16

75:1 76:4

view 113:15

VIRGINIA 1:1 3:1

visit 10:24

16:23 17:6,24

18:22 19:13,17

19:19 21:2,8

21:23 22:8

23:18 24:13

43:21 44:9,12

44:18 45:5

47:3 64:13

65:6 67:7 69:4

69:12 71:9

88:11 89:12

92:18 94:7,19

120:2,6

visits 10:24

visualize 84:9

vitals 88:13

Vitamin 21:14

vomiting 79:16

vulva 19:8 89:21

W

Wacker 4:6

walked 11:2

want 6:6 8:20

9:7 11:6 20:18

26:9 29:9 30:1

31:16 32:10,22

44:20,22 45:20

55:4 87:15

wanted 77:4

121:13

wants 74:12 93:7

warning 74:7

warnings 25:13

74:2,4,11,15

122:20 123:9

123:11,14

wasn't 71:3

watched 47:23

way 7:4 66:10

97:22 117:8

we'll 43:23

we've 32:10,14

32:20 50:15

61:22 82:19

90:1 106:23

weak 23:8,8

weakness 97:19

website 59:24

60:1 74:13,17

75:14,15,18

76:3

websites 59:11

75:19

went 49:7 55:13

76:3,3 92:3

107:21

weren't 106:24

West 1:1 3:1 4:3

4:6,9

Wheaton 5:21

willing 34:18

Winfield 3:12,13

winter 93:7

withdraw 104:7

withdrawn 85:7

witness 2:1 5:4

5:6 9:21 10:14

14:16 20:5

28:16 30:14

35:9 37:9

49:15,21 50:5

52:17 53:3,8

53:11 64:5

67:2 70:22

75:5 87:17,19

90:12 97:2

98:3 99:4,13

99:22 101:1,13

102:5 104:3

105:4 106:14

109:21 115:21

116:5 125:21

126:12,18

127:8

women 17:17

wondering 55:11

word 8:5

worded 14:20

work 5:22 75:9

worked 114:4

working 46:21

worrying 66:8

wouldn't 61:12

61:18 119:11

writing 59:4

wrong 31:9

wrote 65:5

X

X 2:1,8

Y

yeah 13:12 21:10

27:10 31:17

70:23 87:17,19

95:19 108:21

127:3

year 51:5,10,13

77:3 93:7

years 68:4

121:16

yesterday 92:20

yield 50:5

Z

Zakerwski 112:14

zero 77:18

Zyrtec 21:15,16

0

012 120:14,18

084-003235 1:14

3:16 128:4

1

1 2:11 5:2 12:16

13:6,15,18,21

14:2 16:24

58:7 64:16

65:21 84:19

120:11 122:18

10 80:15 81:2

105 87:2

106 2:14

10th 21:19 23:18

44:10,18 45:7

45:13 47:3

69:11,13,19,21

70:5 71:9 72:4

72:12,24 74:1

76:2,16 89:13

89:19 90:9,15

94:2

11 7:14 40:17

11:10 3:11

116 2:5

12 42:12,14

87:18

126 2:5

12th 16:18 44:7

44:13,17 46:15

47:15,18 48:12

48:24 49:24

50:3 90:20

91:20 92:4

94:19 96:8

13 42:9 44:6,8

44:15,16 68:4

89:15,15

15 19:1

17 44:9,11,13

90:18

18 48:17

1800 5:20

2

2 2:11 7:5,7

58:6 66:20

120:14

2-0 85:17

45:2 46:22

91:2

2016 16:16

44:5 47:4

90:17

16 87:19

2.6 48:15

2.7 48:15

2:10-MD-02187

1:4 3:4

2:16-cv-11633

1:7 3:7

20 73:15,16

200,000 84:19

2002 68:3,15,24

118:24

2003 51:13

2006 76:18 77:24

103:19 126:18

2007 51:14

103:19

2008 35:4,5 36:5

37:12,23 38:4

38:11 119:1

2012 52:10

2013 52:10

2014 66:23 67:8

2015 15:8 17:2

17:23 18:11

19:5 21:7,20

23:18 63:22

64:22 65:7

66:16 67:12,24

69:6,13,19,22

70:5,20 71:9

72:4,12,24

74:1 76:2,16

101:12 119:15

2016 6:20 7:24

8:14 16:18,18

41:5,6,21 42:3

42:20 43:21

44:7,10,13,17

44:18 45:5,7

45:13 46:15

47:3,15,18

48:12,24 49:24

50:3 77:12

78:5 79:7,20

80:8 81:9,14

81:23 82:3,9

82:22 83:15

87:11,14 88:4

88:12 89:6,12

89:19 90:5,10

90:15,20 91:20

92:18 94:2,19

96:10 103:8

109:3

2017 1:10 3:10

2187 1:4 3:5

227 4:3

23 83:1,8

2400 56:15

25 3:12 20:19,22

2650 4:3

27 1:10 3:10

28 48:7 94:4

29 2:12

3

3 2:12 29:8,23

120:14

3.5 86:19

30 25:16 38:12

38:17 39:21

72:7 116:8

123:1 124:18

124:22

30-degree 23:10

31 92:14

3100 4:6

33 4:9

4

4 2:12 16:17

21:18 57:6,8

57:10 65:7

77:21

40 56:14 62:14

48 17:7 29:13

36:16

48-year-old

77:13

4th 6:20 7:23

8:14 15:8 17:2

17:23 18:11

19:5 21:7 41:5

41:6,21 63:22

64:22 66:16

67:12 69:5,7

69:10 76:18

77:11,23 78:5

79:7,19 80:8

81:9,14,23

82:3,9,22

83:15 87:10

89:6 90:5

109:3

5

5 2:4,11,13

30:10 32:24

39:9,19 63:1

63:15 70:20

107:2

50 2:4 38:12,17

39:21 124:18

124:22

57 2:12

5th 42:3,20

43:21 45:5

66:23 67:8

69:5 87:14

88:4,12 89:12

6

6 2:13 7:10

82:16,20 92:18

6.5 86:16

60601 4:6

60604 4:10

60606 4:3

63 2:13

7

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 46 of 47 PageID #:916
Page 142

7 2:11,14 69:17

71:8 94:20,22

95:2,21 122:19

7:30 87:20

7:58 88:22

77 4:6

8

8 2:14 77:8

78:13 85:22

106:13,16

120:8

8:00 3:11

82 2:13

9

9 79:12 121:4

9.7 88:14

95 2:14

Case: 1:20-cv-02345 Document #: 80-4 Filed: 02/18/20 Page 47 of 47 PageID #:917