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Filing # 141227302 E-Filed 01/03/2022 02:11:43 PM
19th JUDICIAL CIRCUIT IN AND
FOR MARTIN COUNTY, FLORIDA
FREDERIC CHARLES GREER, III, and
MELISSA ANNE GREER, as Husband and CASE NO: 2019-CA-000015
Wife, and FREDERIC CHARLES GREER, III
and MELISSA ANNE GREER, individually,
Plaintiffs,
vs.
MARTIN MEMORIAL MEDICAL CENTER,
INC. d/b/a MARTIN MEDICAL CENTER, a
Florida Corporation; KUNAL CHAUDHRY, M.D.;
and CARDIOLOGY ASSOCIATES OF STUART,
P.A., a Florida profit corporation,
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Defendants.
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MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL
CENTER'S NOTICE OF FILING DEPOSITION TRANSCRIPT OF NURSE BAILEY
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ESTES TAKEN ON NOVEMBER 25, 2020
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MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL
CENTER, a Florida Corporation, hereby gives notice of filing the deposition transcript of Nurse
Bailey Estes taken on November 25, 2020.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this 3rd day of January, 2022, a copy of the foregoing was
served via the Florida E-Filing Portal to the parties on the attached service list.
STEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, P.A.
Attorneys for Martin Memorial Medical Center, Inc.
200 East Las Olas Blvd., Suite 2100
Fort Lauderdale, FL 33301
Phone: (954) 462-9500
Fax: (954) 462-9567
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THOMAS G. AUBIN, ESQUIRE
FBN: 008060
taubin@stearnsweaver.com
MATTHEW S. PODOLNICK, ESQUIRE
FBN: 112126
mpodolnick@stearnsweaver.com
1
SERVICE LIST
Peter J. Somera Jr., Esq. Geoffrey N. Fieger, Esq.
Paul M. Silva, M.D., Esq. Fieger Law
Somera & Silva, LLP 19390 West Ten Mile Road
2255 Glades Road, Suite 232W Southfield, MI 48075
Boca Raton, FL 33431 Phone: (248) 355-5555
Phone: (561) 981-8881 Fax: (248) 355-5148
Fax: (561) 981-8887 G.Fieger@Fiegerlaw.com
pleadings@somerasilva.com S.Teal@Fiegerlaw.com
litigation@somerasilva.com Co-Attorneys for Plaintiffs
Attorneys for Plaintiffs
Adam Richardson, Esq.
Bard D. Rockenbach, Esq.
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Burlington & Rockenbach, P.A.
444 West Railroad Avenue
West Palm Beach, FL 33401
Tel: 561-721-0400
ajr@FLAppellateLaw.com
bdr@FLAppellateLaw.com
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fa@FLAppellateLaw.com
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Appellate attorneys for Plaintiffs
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#10168633 vl
BAILEY ESTES, BSN, RN-BC November 25, 2020
GREER vs MARTIN MEMORIAL MEDICAL CENTER 1-4
Page 1 Page 3
1 FREDERIC CHARLES GREER, IN THE CIRCUIT COURT OF 1 APPEARANCES
III and MELISSA ANNE THE 19TH JUDICIAL CIRCUIT 2 FOR THE PLAINTIFFS:
2 GREER, as Husband and IN AND FOR MARTIN COUNTY, 3 PAUL M. SILVA, M.D.
PETER J. SOMERA, JR.
Wife, and FREDERIC CHARLES FLORIDA
4 SOMERA & SILVA, LLP
3 GREER, III and MELISSA One Boca Place
ANNE GREER, individually, CASE NO: 2019CA000015 5 2255 Glades Road, Suite 232W
Boca Raton, Florida 33431
Plaintiffs, 6 Phone:(561)981-8881
5 Fax:(561)981-8887
7 depos@somerasilva.com
VS.
6
a
FOR THE DEFENDANT MARTIN MEMORIAL MEDICAL CENTER, INC.,
MARTIN MEMORIAL MEDICAL 9 D/B/A MARTIN MEDICAL CENTER, a Florida Corporation:
7 CENTER, INC., D/B/A MARTIN 10 MATTHEW PODOLNICK
MEDICAL CENTER, a Florida STEARNS WEAVER MILLER WEISSLER
8 Corporation, KUNAL 11 ALHADEFF & SITTERSON, P.A.
CHAUDHRY, MD, and 200 East Las Olas Blvd.
CARDIOLOGY ASSOCIATES OF 12 Suite 2100
9
Fort Lauderdale, Florida 33301
STUART, P.A., a Florida
13 Phone:(954)462-9543
10 Profit Corporation, mpodolnick@stearnsweaver.com
14
11 Defendants. 15 FOR THE DEFENDANTS KUNAL CHAUDHRY, MD, and CARDIOLOGY
12 ASSOCIATES OF STUART, P.A., a Florida Profit
13 16 Corporation:
Y
14 ORAL AND VIDEOTAPED DEPOSITION OF 17 HECTOR R. BUIGAS
LAW OFFICES OF KEITH J. PUYA,
15 BAILEY ESTES, BSN, RN-BC
18 P.A.
16 NOVEMBER 25, 2020
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4880 Donald Ross Road
17 19 Suite 225
18 Palm Beach Gardens, Florida
19 20 33418
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20 ORAL AND VIDEOTAPED DEPOSITION OF BAILEY ESTES, Phone:(561)408-3772
21 hbuigas@puyalaw.com
21 BSN, RN-BC, produced as a witness at the instance of the
22
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22 PLAINTIFF, and duly sworn, was taken in the above-styled
23
23 and numbered cause on November 25, 2020, from 9:19 a.m. ALSO PRESENT:
24 to 1:07 p.m., via Zoom, before Brandi Schmitz, CSR in 24 Roy Perez - Videographer
25 and for the State of Texas, reported by machine 25
Page 2 Page 4
1 shorthand, at 1641 South 15th Street, Abilene, Texas INDEX
PAGE
2 79602, pursuant to the Florida Rules of Civil Procedure, 2
Appearances 3
3 the 22nd Emergency Order Sections 3 (c) and (d), and the
3 Signature and Changes 184
4 provisions stated on the record or attached hereto. Reporter's Certificate 186
4
5 5 BAILEY ESTES, BSN, RN -BC
6 6 EXAMINATION BY DR. SILVA 6
EXAMINATION BY MR. PODOLNICK 43
7 7 EXAMINATION BY MR. BUIGAS 164
EXAMINATION BY DR. SILVA 164
8 175
8 EXAMINATION BY MR. PODOLNICK
9 EXAMINATION BY DR. SILVA 178
10 0
EXHIBITS
11
11 NO. DESCRIPTION PAGE
12 1 Expert Opinions 48
12 2 Cross-Notice of Deposition Duces Tecum 51
13 3 Correspondence between Nurse Estes and
13 Somera & Silva, LLP 53
14
4 Nurse Estes' Copy of the Cardiac Cath
15 14 Event Log with Notes 56
5 Nurse Estes' File 60
16 79
15 6 Fee Schedule
17 7 CV 81
16 8 Twitter Profile 87
18 9 CLI Article 95
17 10 Plaintiffs' Fifth Amended Fact and Expert
19
Witness List 109
20 18 11 Cardiac Transfer Decision Tree from
Tradition Medical Center Interventional
21 19 Lab 158
22 20
21 (Exhibits 3 through 6 to be provided by the witness,
23 Bailey Estes, BSN, RN-BC)
22
24 23
25 24
25
,g1 ESQUIRE DEPOSITION SOLUTIONS
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BAILEY ESTES, BSN, RN-BC November 25,2020
GREER vs MARTIN MEMORIAL MEDICAL CENTER 5-8
Page 5 Page 7
PROCEEDINGS 1 A. University of Texas at Arlington.
2 THE COURT REPORTER: Today's date is 2 Q. Was that a four-year degree?
3 November 25, 2020. The time is 9:19 a.m. 3 A. Yes.
4 This is the oral deposition of BAILEY 4 Q. When did you complete that BSN?
5 ESTES, BSN, RN-BC. This is the oral -- oh, sorry -- and 5 A. I completed that in 2018.
6 it is being conducted remotely in accordance with the 6 Q. Okay. Then you have RN-BC after your name.
7 current emergency order regarding the COVID-19 State of 7 What does that stand for?
8 Disaster, Sections 3 (c) and (d). 8 A. It stands for registered nurse-board certified
9 The witness is located at 1641 South 15th 9 for cardiovascular nursing.
10 Street, Abilene, Texas 79602. 10 Q. Okay. How did you -- what did you have to do
11 My name is Brandi Schmitz, CSR No. 8093. I 11 to obtain board certification cardiovascular nursing?
12 am administering the oath and reporting the deposition 12 A. I took an examination.
13 remotely by stenographic means from my residence within 13 Q. When did you take --
14 the state of Texas. The witness has been identified to 14 A. That was --
15 me through attestation of counsel. 15 Q. When?
16 Would counsel please state who they 16 A. That was -- that was in 2018 as well.
17 represent and their location for the record? 17 Q. What -- what did you have to do in order to sit
18 DR. SILVA: Attorney Paul Silva for the
19 Greer family, and I agree to any stipulations for this
20 Zoom video depo.
21 MR. PODOLNICK: This is Matt Podolnick from
18
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20
Y for this board as far as any type of experience or any
19 type of on-the-job training?
A. Yes. At least two years of cardiovascular
21 nursing experience.
23 Memorial Medical Center.
24
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22 Stearns Weaver Miller on behalf of the defendant, Martin
MR. BUIGAS: This is Hector Buigas on
25 behalf of Dr. Chaudhry and his practice, and I consent.
1 MR. SOMERA, JR.: Peter Somera for the
Page 6
22
25
1
Q. And describe to us what that two years of
23 cardiovascular nursing experience entailed. How did you
24 get that?
A. I had worked -- whenever I was a licensed
Page 8
practical nurse I worked for -- on telemetry and cardiac
2 plaintiff, consent. 2 ICU taking care of post-cath patients, general cardiac
3 BAILEY ESTES, BSN, RN-BC, 3 patients. I've also worked in the cardiac cath lab to
4 having been first duly sworn, testified as follows: 4 gain my experience.
5 EXAMINATION 5 Q. Okay. And we'll -- we'll go through that a
6 BY DR. SILVA: 6 little more later, but I want to continue with the
7 Q. Good morning, ma'am. Give us your full name 7 designations after your name. RNFA, what does that
8 for the record. 8 stand for?
9 A. Bailey Ann Estes. 9 A. Registered nurse first assistant.
10 Q. And can you tell us, are you a nurse? 10 Q. And what does a registered nurse first
11 A. Yes, I am. 11 assistant do?
12 Q. All right. I have a copy of your CV with me 12 A. It gives me privileges to assist in surgeries,
13 and it has a lot of different designations after your 13 or I get to assist in the cardiac cath lab.
14 name. So could you please go through those designations 14 Q. And what types of procedures do you assist in
15 and describe what they are to us? 15 the cardiac cath lab?
16 A. Yes. I am a registered nurse. I'm also board 16 A. Your regular diagnostic cardiac caths,
17 certified in cardiovascular nursing. I have my 17 intervention, pacemaker insertions, TAVR, peripheral
18 bachelor's degree in nursing. I am a certified first 18 vascular interventions.
19 assistant and certified in perioperative nursing as well 19 Q. Does that include balloon angioplasties?
20 as a registered cardiovascular invasive specialist. 20 A. It does.
21 Q. Okay. Let me start with BSN after your name, 21 Q. Does it include diagnostic cardiac
22 that designation, what does that stand for? 22 catheterizations with the measurement of ejection
23 A. My bachelor's of science in nursing. 23 fractions?
24 Q. Where did you obtain your bachelor's of science 24 MR. PODOLNICK: Form.
25 in nursing? 25 A. Yes.
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GREER vs MARTIN MEMORIAL MEDICAL CENTER 9-12
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1 Q. (BY DR. SILVA) The CNOR designation, what does 1 record my questions.
2 that stand for? 2 DR. SILVA: That's fine.
3 A. It is a perioperative nursing certification. I 3 Q. (BY DR. SILVA) In your experience in the
4 obtained that with my first assist certification. 4 cardiac cath lab, can you tell us the first year that
5 Q. And what does that certification allow you to 5 you started working in the cardiac cath lab in any
6 do? 6 capacity?
7 A. It doesn't allow me to do anything. It's just 7 A. In October 2015 is when I started.
8 an examination that I took having at least two years 8 Q. Okay. And during the time that you worked in
9 worth of perioperative nursing experience, which I 9 the cath lab from 2015 to the present, have you
10 obtained in the cath lab. 10 participated as a documenter during a procedure?
11 Q. The RCIS designation, what does that stand for? 11 A. Yes, I have.
12 A. Registered cardiovascular invasive specialist. 12 Q. Have you participated as a circulator during a
13 Q. And what -- what does that designation allow 13 cardiac cath procedure?
14 you to do? 14 A. Yes, I have.
15 A. In my cath lab it doesn't allow me any extra 15 Q. Have you participated as a scrub tech during a
16 privileges. It's just a certification which I obtained 16 cardiac cath procedure?
17 after having almost two years of experience in the 17 A. Yes, I have.
18 cardiac cath lab. At the time I took the exam I had to
19 have at least 1500 cases in experience.
20 Q. How many cases in the cardiac cath lab have you
21 participated in in your career?
18
P Y Q. Have you participated as a assistant or first
19 assistant during a cardiac cath procedure or
20 interventional procedure?
21 A. Yes, I have.
22
23
A. Right over 5,000.
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Q. Can you describe to me your work history in the
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24 medical field starting from the very first job you had
25 in the medical field?
1 A. I started out as a certified nurse assistant
Page 10
22 Q. So you've participated in all the different
23 functions that nursing personnel or medical providers
24 would provide during a cardiac cath or during a cardiac
25 interventional procedure?
1 MR. PODOLNICK: Form --
Page 12
2 that I worked for one year at Lubbock Heart Hospital. I 2 A. That is correct.
3 have two years of experience as a -- 3 MR. PODOLNICK: Form, leading, compound.
4 Q. Hold on. Stop. Can you give me the years when 4 Q. (BY DR. SILVA) Can you describe to us all the
5 you did those things, also, okay? 5 different functions and capacities that you've -- have
6 A. Okay. Let me see. That year was -- I did that 6 experience in in a cardiac cath lab from the time that
7 from 2010 to 2011. 7 you started in 2015 up until today?
8 Q. Okay. Continue. 8 A. I have functioned at a circulator, a monitor, a
9 A. Then I worked as a -- as a licensed vocational 9 scrub nurse and x-ray technician and first assist.
10 nurse at Hendrick Medical Center with telemetry, CICU. 10 Q. Okay. So describe for us what duties or the
11 That was from 2013 to 2015. Then I worked as a 11 functions are of each one of those different capacities
12 registered nurse in the cardiac cath lab at Hendrick 12 you've just described.
13 Medical Center from October 2015 to November 2019. I 13 A. Okay. The circulating nurse is responsible
14 now work directly for a physician at Hendrick Provider 14 mainly for the patient. They -- we provide moderate
15 Network, an interventional cardiologist, and assist in 15 sedation, monitor the vital signs, give other
16 his procedures in the cardiac cath lab from 2019 to 16 medications per the physician. The monitor documents
17 present. 17 everything in the case. It also keeps up with
18 Q. And when you stated earlier that you worked in 18 hemodynamic. The scrub assists the physician in
19 the telemetry, CICU from 2013 to 2015, what does CICU 19 anything that he or she needs during the case, and for
20 stand for? 20 x-ray drive the table and move the C-arm as needed for
21 A. Cardiac intensive care unit. 21 angiography.
22 Q. In your work -- 22 Q. Okay. And who -- which one of those people is
23 MR. PODOLNICK: That's the videographer. 23 responsible for documenting conversations between the
24 DR. SILVA: All right. 24 interventional cardiologists and -- and consults between
25 MR. PODOLNICK: We'll -- we'll -- we'll 25 the interventional cardiologists and other physicians?
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BAILEY ESTES, BSN, RN-BC November 25, 2020
GREER vs MARTIN MEMORIAL MEDICAL CENTER 13-16
Page 13 Page 15
1 A. The -- 1 documented in the cardiac event log.
2 MR. PODOLNICK: Form -- I'm sorry, 2 Q. And of -- of those various different roles in
3 Ms. Estes, I'm -- I'm sorry to interrupt you, but 3 the cardiac cath lab, which person is responsible for
4 sometimes I need to make a legal objection. You can 4 documenting complications that occur in the cardiac cath
5 still answer the question. I just want to get my 5 lab?
6 objection in. I'm not interrupting you on purpose, 6 MR. PODOLNICK: Form.
7 okay? So -- 7 A. The monitor.
8 THE WITNESS: No worries. 8 Q. (BY DR. SILVA) Is that -- is it the standard
9 MR. PODOLNICK: -- form, predicate. 9 of care for a monitor to document complications that
10 Q. (BY DR. SILVA) Go ahead. 10 occur during a procedure in the cardiac cath lab?
11 A. That is correct. It's the -- it's the monitor. 11 A. Yes.
12 Sorry. 12 Q. And is that the standard of care throughout the
13 Q. Can you describe to us your experience in 13 United States of America, the nurse — the nursing or
14 regards to documenting conversations between the 14 the cardiac personnel standard of care?
15 interventional cardiologists and other physicians in the 15 A. Yes.
16 cardiac cath lab? 16 MR. PODOLNICK: Form on the last one.
17 A. Yes. Typically any time a doctor has talked 17 Q. (BY DR. SILVA) Can you describe to us where
18 about the case with another physician, that is
19 documented within the cardiac catheter report.
20 Q. And whose job or responsibility is it to
21 document that within the cardiac cath event log?
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18 you obtained the training and education that requires
19 the monitor to document complications that occur in the
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20 cardiac cath lab in the event log?
21 A. On-the-job training.
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23
A. The monitor.
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Q. Does -- you said when those conversations
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24 occur, does that include in-person conversations,
25 telephone conversations and consults?
1 A. It does.
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24
25
Q. Who -- the hospital that you work at, can you
23 give us the name of that hospital?
A. Hendrick Medical Center.
Q. At Hendrick Medical Center, what city is that
1 located in?
Page 16
2 Q. Is that the standard of care in the cardiac 2 A. It's in Abilene, Texas.
3 cath lab? 3 Q. Does Hendrick Medical Center have a cardiac
4 A. Yes, it is. 4 cath lab?
5 Q. Is that the standard of care in this country in 5 A. Yes.
6 a cardiac cath lab? 6 Q. Does Hendrick Medical Center have providers
7 A. Yes, it is. 7 that perform cardiac catheterizations and interventional
8 Q. Is that what you were taught in nursing school 8 procedures?
9 or during your training in the cardiac cath lab? 9 A. Yes, they do.
10 MR. PODOLNICK: Form. 10 Q. Does Hendrick Medical Center have the ability
11 A. Yes, that is correct. 11 to perform an emergency or a routine coronary artery
12 Q. (BY DR. SILVA) Can you tell us what training 12 bypass grafting surgery?
13 and where you received that training that conversations 13 A. Yes, they do.
14 between -- and consults between the interventional 14 Q. So this hospital also has heart surgeons or
15 cardiologists and other physicians has to be documented 15 cardiovascular surgeons on staff?
16 in the cardiac cath event log? 16 A. Yes, that's correct.
17 A. I was taught -- 17 MR. PODOLNICK: Form on the last one.
18 MR. PODOLNICK: Form. 18 Q. (BY DR. SILVA) Does the hospital that you work
19 A. I was taught that while I was training in the 19 at Hendrick, do they also have interventional
20 cardiac cath lab for the monitor position. 20 cardiologists?
21 Q. (BY DR. SILVA) Can you describe to us your 21 A. Yes, they do.
22 experience in regards to the various participants in the 22 Q. Okay. Are you -- do you have any licenses in
23 cardiac cath lab documenting in a cardiac cath event log 23 the state of Texas?
24 any complications that occur during a procedure? 24 A. A registered nurse license.
25 A. Yes, complications are supposed to be 25 Q. Is that up to date?
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BAILEY ESTES, BSN, RN-BC November 25, 2020
GREER vs MARTIN MEMORIAL MEDICAL CENTER 17-20
Page 17 Page 19
1 A. Yes, it is, 1 Q. How many publications have you authored?
2 Q. Do you have any licenses in any other states 2 A. I have been an author on ten publications.
3 throughout the United States? 3 Q. Are there any publications that are germane or
4 A. No, I do not. 4 specific to the issues in this case that you have?
5 Q. On your CV you have a compact license. What is 5 A. There are not.
6 that? 6 Q. Okay. And then the Abstract Presentations,
7 A. That basically means that the state of Texas, 7 what do those entail?
8 and there's various other states that have agreements on 8 A. Those are basically from research that I've
9 nursing license. So if I were to move to another state 9 done within my hospital or case reviews that were
10 it's easier for me to transfer my licensure to that 10 presented at -- sorry -- that were presented at places
11 state and register there. 11 like the American Cardio -- College of Cardiology,
12 Q. Okay. Are you certified in advanced cardiac 12 Scientific Sessions, major meetings.
13 life support? 13 Q. The -- we're here for a patient today,
14 A. Yes, I am. 14 Mr. Frederick Greer. Did our law firm contact you to
15 Q. Are you certified in basic life support? 15 ask you to render opinions regarding his care at Martin
16 A. Yes, I am. 16 Medical Center in this case?
17 Q. Can you tell us what professional memberships 17 A. Yes, they did.
18 and appointments you have?
19 A. I'm part of the membership for The American
20 College of Cardiology, CLI Global Society, the American
21 Nurses Association, the Texas Nurses Association,
18
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20
21Y Q. And can you tell us when you were first
19 contacted?
A. In May of 2020.
Q. And were you sent various documents to arrive
24 Membership and Social Media
25 hold an appointment for the ACC
1
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22 Society of Cardiovascular Angiography and Interventions.
23 I hold appointments in the CLI Global Society,
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Committee, and
Cardiovascular
Q. And what is the ACC Cardiovascular Team
then I
Team.
also
Page 18
22 at your opinions in this matter?
23
24
25
1
Mr.
A. Yes, I was.
Q. Were you sent Martin Medical Center records for
Greer?
A. Yes, I was.
Page 20
2 appointment? 2 Q. Were you sent the cardiac cath lab event log
3 A. That one is for chairman of the communications 3 for Mr. Greer?
4 committee. That one just started this month, so -- 4 A. Yes.
5 Q. Okay. And are you on any editorial boards or 5 Q. Were you sent the deposition transcript of
6 are you a journal reviewer? 6 Dr. Tolls, T-O-L-I-S?
7 A. Yes. Editorial board for the Cath Lab Digest 7 A. Yes.
8 and I'm a reviewer for Cardiovascular Disease Management 8 Q. Sent the deposition transcript of Dr. Selwyn,
9 and as well as the Cath Lab Digest. I'm a reviewer for 9 S-E-L-Y-W-Y-N?
10 them as well. 10 A. Yes.
11 Q. Can you describe to us, what is Cath Lab 11 Q. Sent the deposition transcript of Dr. Gelfand,
12 Digest? 12 G-E-L-F-A-N-D?
13 A. Cath Lab Digest is a free kind of open access 13 A. Yes.
14 journal that is provided to -- it has -- it's a free 14 Q. Sent the deposition transcript of Dr. Chaudhry,
15 subscription for people who are in the cardiac cath lab. 15 C-H-A-U-D-H-R-Y?
16 Basically it just has case reports, information on new 16 A. Yes.
17 studies, new technology. 17 Q. Sent the deposition transcript of Dr. Crouch,
18 Q. And what about Vascular Disease Management, 18 C-R-O-U-C-H?
19 what kind of -- is that a journal or -- 19 A. Yes.
20 A. It's -- it's more online. It is a journal, but 20 Q. Sent the deposition transcript of Nurse Tilley,
21 it doesn't come in print. And it's basically the same, 21 T-I-L-L-E-Y?
22 but more focused on peripheral vascular disease. 22 A. Yes.
23 Q. Okay. And do you have publications that you've 23 Q. Sent the deposition transcript of Brian
24 authored? 24 Carroll?
25 A. Yes. I have multiple. 25 A. Yes.
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GREER vs MARTIN MEMORIAL MEDICAL CENTER 21-24
Page 21 Page 23
1 Q. Sent the deposition transcript of Cynthia 1 Q. Okay. Once you reviewed all the information
2 Silva? 2 that we've discussed, did you arrive at opinions in this
3 A. Yes. 3 matter?
4 Q. And the transcript of Katherine Fournier, 4 A. Yes, I did.
5 F-O-U-R-N-I-E-R? 5 Q. Did you relay those opinions to myself and
6 A. Yes. 6 Mr. Somera during our pre-deposition conferences?
7 Q. Deposition transcript of Jacob Bennett, 7 A. Yes, I did.
8 B-E-N-N-E-T-T? 8 Q. Did our law firm memorialize those opinions in
9 A. Yes. 9 written form that have been titled Expert Opinions that
10 Q. And then you were sent the various policies and 10 are -- that I've sent over to opposing counsel today?
11 procedures from the Martin Medical Center cardiac cath 11 A. That is correct.
12 lab, including the cardiac transfers decision tree? 12 Q. Is everything on this expert opinion document
13 A. Yes. 13 your opinions except for the definition of Florida
14 Q. The balloon angioplasty? 14 statute reckless disregard?
15 A. Yes. 15 A. That is correct.
16 Q. Cardiac stent? 16 Q. Have the attorneys or anyone else influenced
17 A. Yes. 17 any of your opinions that are written on this document?
18
19
20
21
Q.
A.
Q.
A.
Left heart catheterization?
Yes.
STEMI cardiac alert?
Yes.
18
19
P Y A. No, they have not.
Q. Have you consulted with any colleagues or any
20 other experts to arrive at these opinions that are
21 memorialized?
22
23
24
25
Q.
A.
Q.
Yes.
Roles of cath lab personnel?
A. Yes.
1 [ Video recording now
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Description of roles of cath lab personnel?
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23
A. No.
Q. Do you need any other information that you
24 haven't received up until today to arrive at these
25 opinions?
1 A. No.
Page 24
2 Q. And have you had -- well, let me -- strike 2 Q. If there is additional information that is
3 that. 3 provided to you during discovery after today, would you
4 Have you also been sent the -- a portion of 4 reserve the right to change or add to your opinions?
5 the alleged audit trail with various redactions? 5 MR. PODOLNICK: Form.
6 A. Yes. 6 A. Yes, I do.
7 Q. Have you been sent the two versions of the -- 7 Q. (BY DR. SILVA) Okay. The -- were you also
8 of the cardiac result six-page reports of Dr. Chaudhry? 8 provided with a response by Michael Mittelmark, Esquire,
9 A. Yes. 9 on April 8, 2019 in regards to a request to produce by
10 Q. Have you been provided with the expert opinions 10 the plaintiff for all cardiothoracic surgery policies
11 as you relayed those to our law firm prior to today? 11 and procedures, and the answer was none?
12 A. Yes. 12 A. Correct.
13 Q. How many pre-deposition conferences did you 13 MR. PODOLNICK: Form, misstates the
14 have with our law firm? 14 document.
15 A. About four or five. 15 Q. (BY DR. SILVA) Were you also provided with an
16 Q. And when did those occur? 16 answer, Number 18 on a plaintiffs request to produce
17 A. They've occurred periodically throughout the 17 for all policies and procedures in coronary artery
18 past month and a half. 18 bypass grafting, and the response was: Objection; vague
19 Q. Okay. Once you received all of the information 19 and overbroad. Without waiving any objection and after
20 that we just went through, did you review it? 20 diligent inquiry, the answer was none.
21 A. Yes. 21 Were you provided with that?
22 Q. And approximately how much time did you spend 22 A. That's correct.
23 in reviewing the documentation that you were provided 23 Q. The policy and procedure regarding the cardiac
24 with? 24 transfers decision tree that you received from our law
25 A. It was around 15 hours. 25 firm, does the plaintiff exhibit date indicate that it
800.211.DEPO (3376)
ESQUIRE DEPOSITION SOLUTIONS EsquireSolutions. corn
BAILEY ESTES, BSN, RN-BC November 25, 2020
GREER vs MARTIN MEMORIAL MEDICAL CENTER 25-28
Page 25 Page 27
1 was provided on March 6th, 2020? 1 A. That is correct.
2 A. Yes. 2 Q. (BY DR. SILVA) If theoretically a conversation
3 Q. Do you know why the defendant hospital would 3 occurred between Dr. Chaudhry and Dr. Crouch, the heart
4 not have provided this cardiac transfers decision tree 4 surgeon, before the perforation, would you expect that
5 policy and procedure to the plaintiff before March 6th, 5 to be documented in the cardiac cath event log by the --
6 2020? 6 by the providers?
7 MR. PODOLNICK: Form. Misstates facts not 7 A. Yes. If the conversation had occurred it would
8 in evidence. 8 need to be documented.
9 Q. (BY DR. SILVA) You can answer it. 9 Q. Did you see any evidence of any conversation
10 A. I do not. 10 before the perforation between Dr. Chaudhry and
11 Q. Do -- in your opinion, is this cardiac transfer 11 Dr. Crouch in the cardiac cath event log?
12 decision tr
Preview
Filing # 141227302 E-Filed 01/03/2022 02:11:43 PM 19th JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA FREDERIC CHARLES GREER, III, and MELISSA ANNE GREER, as Husband and CASE NO: 2019-CA-000015 Wife, and FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, individually, Plaintiffs, vs. MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER, a Florida Corporation; KUNAL CHAUDHRY, M.D.; and CARDIOLOGY ASSOCIATES OF STUART, P.A., a Florida profit corporation, Y Defendants. P MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER'S NOTICE OF FILING DEPOSITION TRANSCRIPT OF NURSE BAILEY O ESTES TAKEN ON NOVEMBER 25, 2020 C MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER, a Florida Corporation, hereby gives notice of filing the deposition transcript of Nurse Bailey Estes taken on November 25, 2020. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this 3rd day of January, 2022, a copy of the foregoing was served via the Florida E-Filing Portal to the parties on the attached service list. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Attorneys for Martin Memorial Medical Center, Inc. 200 East Las Olas Blvd., Suite 2100 Fort Lauderdale, FL 33301 Phone: (954) 462-9500 Fax: (954) 462-9567 B THOMAS G. AUBIN, ESQUIRE FBN: 008060 taubin@stearnsweaver.com MATTHEW S. PODOLNICK, ESQUIRE FBN: 112126 mpodolnick@stearnsweaver.com 1 SERVICE LIST Peter J. Somera Jr., Esq. Geoffrey N. Fieger, Esq. Paul M. Silva, M.D., Esq. Fieger Law Somera & Silva, LLP 19390 West Ten Mile Road 2255 Glades Road, Suite 232W Southfield, MI 48075 Boca Raton, FL 33431 Phone: (248) 355-5555 Phone: (561) 981-8881 Fax: (248) 355-5148 Fax: (561) 981-8887 G.Fieger@Fiegerlaw.com pleadings@somerasilva.com S.Teal@Fiegerlaw.com litigation@somerasilva.com Co-Attorneys for Plaintiffs Attorneys for Plaintiffs Adam Richardson, Esq. Bard D. Rockenbach, Esq. Y Burlington & Rockenbach, P.A. 444 West Railroad Avenue West Palm Beach, FL 33401 Tel: 561-721-0400 ajr@FLAppellateLaw.com bdr@FLAppellateLaw.com O P fa@FLAppellateLaw.com C Appellate attorneys for Plaintiffs 2 #10168633 vl BAILEY ESTES, BSN, RN-BC November 25, 2020 GREER vs MARTIN MEMORIAL MEDICAL CENTER 1-4 Page 1 Page 3 1 FREDERIC CHARLES GREER, IN THE CIRCUIT COURT OF 1 APPEARANCES III and MELISSA ANNE THE 19TH JUDICIAL CIRCUIT 2 FOR THE PLAINTIFFS: 2 GREER, as Husband and IN AND FOR MARTIN COUNTY, 3 PAUL M. SILVA, M.D. PETER J. SOMERA, JR. Wife, and FREDERIC CHARLES FLORIDA 4 SOMERA & SILVA, LLP 3 GREER, III and MELISSA One Boca Place ANNE GREER, individually, CASE NO: 2019CA000015 5 2255 Glades Road, Suite 232W Boca Raton, Florida 33431 Plaintiffs, 6 Phone:(561)981-8881 5 Fax:(561)981-8887 7 depos@somerasilva.com VS. 6 a FOR THE DEFENDANT MARTIN MEMORIAL MEDICAL CENTER, INC., MARTIN MEMORIAL MEDICAL 9 D/B/A MARTIN MEDICAL CENTER, a Florida Corporation: 7 CENTER, INC., D/B/A MARTIN 10 MATTHEW PODOLNICK MEDICAL CENTER, a Florida STEARNS WEAVER MILLER WEISSLER 8 Corporation, KUNAL 11 ALHADEFF & SITTERSON, P.A. CHAUDHRY, MD, and 200 East Las Olas Blvd. CARDIOLOGY ASSOCIATES OF 12 Suite 2100 9 Fort Lauderdale, Florida 33301 STUART, P.A., a Florida 13 Phone:(954)462-9543 10 Profit Corporation, mpodolnick@stearnsweaver.com 14 11 Defendants. 15 FOR THE DEFENDANTS KUNAL CHAUDHRY, MD, and CARDIOLOGY 12 ASSOCIATES OF STUART, P.A., a Florida Profit 13 16 Corporation: Y 14 ORAL AND VIDEOTAPED DEPOSITION OF 17 HECTOR R. BUIGAS LAW OFFICES OF KEITH J. PUYA, 15 BAILEY ESTES, BSN, RN-BC 18 P.A. 16 NOVEMBER 25, 2020 P 4880 Donald Ross Road 17 19 Suite 225 18 Palm Beach Gardens, Florida 19 20 33418 O 20 ORAL AND VIDEOTAPED DEPOSITION OF BAILEY ESTES, Phone:(561)408-3772 21 hbuigas@puyalaw.com 21 BSN, RN-BC, produced as a witness at the instance of the 22 C 22 PLAINTIFF, and duly sworn, was taken in the above-styled 23 23 and numbered cause on November 25, 2020, from 9:19 a.m. ALSO PRESENT: 24 to 1:07 p.m., via Zoom, before Brandi Schmitz, CSR in 24 Roy Perez - Videographer 25 and for the State of Texas, reported by machine 25 Page 2 Page 4 1 shorthand, at 1641 South 15th Street, Abilene, Texas INDEX PAGE 2 79602, pursuant to the Florida Rules of Civil Procedure, 2 Appearances 3 3 the 22nd Emergency Order Sections 3 (c) and (d), and the 3 Signature and Changes 184 4 provisions stated on the record or attached hereto. Reporter's Certificate 186 4 5 5 BAILEY ESTES, BSN, RN -BC 6 6 EXAMINATION BY DR. SILVA 6 EXAMINATION BY MR. PODOLNICK 43 7 7 EXAMINATION BY MR. BUIGAS 164 EXAMINATION BY DR. SILVA 164 8 175 8 EXAMINATION BY MR. PODOLNICK 9 EXAMINATION BY DR. SILVA 178 10 0 EXHIBITS 11 11 NO. DESCRIPTION PAGE 12 1 Expert Opinions 48 12 2 Cross-Notice of Deposition Duces Tecum 51 13 3 Correspondence between Nurse Estes and 13 Somera & Silva, LLP 53 14 4 Nurse Estes' Copy of the Cardiac Cath 15 14 Event Log with Notes 56 5 Nurse Estes' File 60 16 79 15 6 Fee Schedule 17 7 CV 81 16 8 Twitter Profile 87 18 9 CLI Article 95 17 10 Plaintiffs' Fifth Amended Fact and Expert 19 Witness List 109 20 18 11 Cardiac Transfer Decision Tree from Tradition Medical Center Interventional 21 19 Lab 158 22 20 21 (Exhibits 3 through 6 to be provided by the witness, 23 Bailey Estes, BSN, RN-BC) 22 24 23 25 24 25 ,g1 ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.corn BAILEY ESTES, BSN, RN-BC November 25,2020 GREER vs MARTIN MEMORIAL MEDICAL CENTER 5-8 Page 5 Page 7 PROCEEDINGS 1 A. University of Texas at Arlington. 2 THE COURT REPORTER: Today's date is 2 Q. Was that a four-year degree? 3 November 25, 2020. The time is 9:19 a.m. 3 A. Yes. 4 This is the oral deposition of BAILEY 4 Q. When did you complete that BSN? 5 ESTES, BSN, RN-BC. This is the oral -- oh, sorry -- and 5 A. I completed that in 2018. 6 it is being conducted remotely in accordance with the 6 Q. Okay. Then you have RN-BC after your name. 7 current emergency order regarding the COVID-19 State of 7 What does that stand for? 8 Disaster, Sections 3 (c) and (d). 8 A. It stands for registered nurse-board certified 9 The witness is located at 1641 South 15th 9 for cardiovascular nursing. 10 Street, Abilene, Texas 79602. 10 Q. Okay. How did you -- what did you have to do 11 My name is Brandi Schmitz, CSR No. 8093. I 11 to obtain board certification cardiovascular nursing? 12 am administering the oath and reporting the deposition 12 A. I took an examination. 13 remotely by stenographic means from my residence within 13 Q. When did you take -- 14 the state of Texas. The witness has been identified to 14 A. That was -- 15 me through attestation of counsel. 15 Q. When? 16 Would counsel please state who they 16 A. That was -- that was in 2018 as well. 17 represent and their location for the record? 17 Q. What -- what did you have to do in order to sit 18 DR. SILVA: Attorney Paul Silva for the 19 Greer family, and I agree to any stipulations for this 20 Zoom video depo. 21 MR. PODOLNICK: This is Matt Podolnick from 18 P 20 Y for this board as far as any type of experience or any 19 type of on-the-job training? A. Yes. At least two years of cardiovascular 21 nursing experience. 23 Memorial Medical Center. 24 C O 22 Stearns Weaver Miller on behalf of the defendant, Martin MR. BUIGAS: This is Hector Buigas on 25 behalf of Dr. Chaudhry and his practice, and I consent. 1 MR. SOMERA, JR.: Peter Somera for the Page 6 22 25 1 Q. And describe to us what that two years of 23 cardiovascular nursing experience entailed. How did you 24 get that? A. I had worked -- whenever I was a licensed Page 8 practical nurse I worked for -- on telemetry and cardiac 2 plaintiff, consent. 2 ICU taking care of post-cath patients, general cardiac 3 BAILEY ESTES, BSN, RN-BC, 3 patients. I've also worked in the cardiac cath lab to 4 having been first duly sworn, testified as follows: 4 gain my experience. 5 EXAMINATION 5 Q. Okay. And we'll -- we'll go through that a 6 BY DR. SILVA: 6 little more later, but I want to continue with the 7 Q. Good morning, ma'am. Give us your full name 7 designations after your name. RNFA, what does that 8 for the record. 8 stand for? 9 A. Bailey Ann Estes. 9 A. Registered nurse first assistant. 10 Q. And can you tell us, are you a nurse? 10 Q. And what does a registered nurse first 11 A. Yes, I am. 11 assistant do? 12 Q. All right. I have a copy of your CV with me 12 A. It gives me privileges to assist in surgeries, 13 and it has a lot of different designations after your 13 or I get to assist in the cardiac cath lab. 14 name. So could you please go through those designations 14 Q. And what types of procedures do you assist in 15 and describe what they are to us? 15 the cardiac cath lab? 16 A. Yes. I am a registered nurse. I'm also board 16 A. Your regular diagnostic cardiac caths, 17 certified in cardiovascular nursing. I have my 17 intervention, pacemaker insertions, TAVR, peripheral 18 bachelor's degree in nursing. I am a certified first 18 vascular interventions. 19 assistant and certified in perioperative nursing as well 19 Q. Does that include balloon angioplasties? 20 as a registered cardiovascular invasive specialist. 20 A. It does. 21 Q. Okay. Let me start with BSN after your name, 21 Q. Does it include diagnostic cardiac 22 that designation, what does that stand for? 22 catheterizations with the measurement of ejection 23 A. My bachelor's of science in nursing. 23 fractions? 24 Q. Where did you obtain your bachelor's of science 24 MR. PODOLNICK: Form. 25 in nursing? 25 A. Yes. ESQUIRE O U 800.211.DEPO (3376) EsquireSolutions. corn BAILEY ESTES, BSN, RN-BC November 25, 2020 GREER vs MARTIN MEMORIAL MEDICAL CENTER 9-12 Page 9 Page 11 1 Q. (BY DR. SILVA) The CNOR designation, what does 1 record my questions. 2 that stand for? 2 DR. SILVA: That's fine. 3 A. It is a perioperative nursing certification. I 3 Q. (BY DR. SILVA) In your experience in the 4 obtained that with my first assist certification. 4 cardiac cath lab, can you tell us the first year that 5 Q. And what does that certification allow you to 5 you started working in the cardiac cath lab in any 6 do? 6 capacity? 7 A. It doesn't allow me to do anything. It's just 7 A. In October 2015 is when I started. 8 an examination that I took having at least two years 8 Q. Okay. And during the time that you worked in 9 worth of perioperative nursing experience, which I 9 the cath lab from 2015 to the present, have you 10 obtained in the cath lab. 10 participated as a documenter during a procedure? 11 Q. The RCIS designation, what does that stand for? 11 A. Yes, I have. 12 A. Registered cardiovascular invasive specialist. 12 Q. Have you participated as a circulator during a 13 Q. And what -- what does that designation allow 13 cardiac cath procedure? 14 you to do? 14 A. Yes, I have. 15 A. In my cath lab it doesn't allow me any extra 15 Q. Have you participated as a scrub tech during a 16 privileges. It's just a certification which I obtained 16 cardiac cath procedure? 17 after having almost two years of experience in the 17 A. Yes, I have. 18 cardiac cath lab. At the time I took the exam I had to 19 have at least 1500 cases in experience. 20 Q. How many cases in the cardiac cath lab have you 21 participated in in your career? 18 P Y Q. Have you participated as a assistant or first 19 assistant during a cardiac cath procedure or 20 interventional procedure? 21 A. Yes, I have. 22 23 A. Right over 5,000. O Q. Can you describe to me your work history in the C 24 medical field starting from the very first job you had 25 in the medical field? 1 A. I started out as a certified nurse assistant Page 10 22 Q. So you've participated in all the different 23 functions that nursing personnel or medical providers 24 would provide during a cardiac cath or during a cardiac 25 interventional procedure? 1 MR. PODOLNICK: Form -- Page 12 2 that I worked for one year at Lubbock Heart Hospital. I 2 A. That is correct. 3 have two years of experience as a -- 3 MR. PODOLNICK: Form, leading, compound. 4 Q. Hold on. Stop. Can you give me the years when 4 Q. (BY DR. SILVA) Can you describe to us all the 5 you did those things, also, okay? 5 different functions and capacities that you've -- have 6 A. Okay. Let me see. That year was -- I did that 6 experience in in a cardiac cath lab from the time that 7 from 2010 to 2011. 7 you started in 2015 up until today? 8 Q. Okay. Continue. 8 A. I have functioned at a circulator, a monitor, a 9 A. Then I worked as a -- as a licensed vocational 9 scrub nurse and x-ray technician and first assist. 10 nurse at Hendrick Medical Center with telemetry, CICU. 10 Q. Okay. So describe for us what duties or the 11 That was from 2013 to 2015. Then I worked as a 11 functions are of each one of those different capacities 12 registered nurse in the cardiac cath lab at Hendrick 12 you've just described. 13 Medical Center from October 2015 to November 2019. I 13 A. Okay. The circulating nurse is responsible 14 now work directly for a physician at Hendrick Provider 14 mainly for the patient. They -- we provide moderate 15 Network, an interventional cardiologist, and assist in 15 sedation, monitor the vital signs, give other 16 his procedures in the cardiac cath lab from 2019 to 16 medications per the physician. The monitor documents 17 present. 17 everything in the case. It also keeps up with 18 Q. And when you stated earlier that you worked in 18 hemodynamic. The scrub assists the physician in 19 the telemetry, CICU from 2013 to 2015, what does CICU 19 anything that he or she needs during the case, and for 20 stand for? 20 x-ray drive the table and move the C-arm as needed for 21 A. Cardiac intensive care unit. 21 angiography. 22 Q. In your work -- 22 Q. Okay. And who -- which one of those people is 23 MR. PODOLNICK: That's the videographer. 23 responsible for documenting conversations between the 24 DR. SILVA: All right. 24 interventional cardiologists and -- and consults between 25 MR. PODOLNICK: We'll -- we'll -- we'll 25 the interventional cardiologists and other physicians? ESQUIRE. 800.211.DEPO (3376) EsquireSolutions. corn BAILEY ESTES, BSN, RN-BC November 25, 2020 GREER vs MARTIN MEMORIAL MEDICAL CENTER 13-16 Page 13 Page 15 1 A. The -- 1 documented in the cardiac event log. 2 MR. PODOLNICK: Form -- I'm sorry, 2 Q. And of -- of those various different roles in 3 Ms. Estes, I'm -- I'm sorry to interrupt you, but 3 the cardiac cath lab, which person is responsible for 4 sometimes I need to make a legal objection. You can 4 documenting complications that occur in the cardiac cath 5 still answer the question. I just want to get my 5 lab? 6 objection in. I'm not interrupting you on purpose, 6 MR. PODOLNICK: Form. 7 okay? So -- 7 A. The monitor. 8 THE WITNESS: No worries. 8 Q. (BY DR. SILVA) Is that -- is it the standard 9 MR. PODOLNICK: -- form, predicate. 9 of care for a monitor to document complications that 10 Q. (BY DR. SILVA) Go ahead. 10 occur during a procedure in the cardiac cath lab? 11 A. That is correct. It's the -- it's the monitor. 11 A. Yes. 12 Sorry. 12 Q. And is that the standard of care throughout the 13 Q. Can you describe to us your experience in 13 United States of America, the nurse — the nursing or 14 regards to documenting conversations between the 14 the cardiac personnel standard of care? 15 interventional cardiologists and other physicians in the 15 A. Yes. 16 cardiac cath lab? 16 MR. PODOLNICK: Form on the last one. 17 A. Yes. Typically any time a doctor has talked 17 Q. (BY DR. SILVA) Can you describe to us where 18 about the case with another physician, that is 19 documented within the cardiac catheter report. 20 Q. And whose job or responsibility is it to 21 document that within the cardiac cath event log? Y 18 you obtained the training and education that requires 19 the monitor to document complications that occur in the P 20 cardiac cath lab in the event log? 21 A. On-the-job training. 22 23 A. The monitor. O Q. Does -- you said when those conversations C 24 occur, does that include in-person conversations, 25 telephone conversations and consults? 1 A. It does. Page 14 22 24 25 Q. Who -- the hospital that you work at, can you 23 give us the name of that hospital? A. Hendrick Medical Center. Q. At Hendrick Medical Center, what city is that 1 located in? Page 16 2 Q. Is that the standard of care in the cardiac 2 A. It's in Abilene, Texas. 3 cath lab? 3 Q. Does Hendrick Medical Center have a cardiac 4 A. Yes, it is. 4 cath lab? 5 Q. Is that the standard of care in this country in 5 A. Yes. 6 a cardiac cath lab? 6 Q. Does Hendrick Medical Center have providers 7 A. Yes, it is. 7 that perform cardiac catheterizations and interventional 8 Q. Is that what you were taught in nursing school 8 procedures? 9 or during your training in the cardiac cath lab? 9 A. Yes, they do. 10 MR. PODOLNICK: Form. 10 Q. Does Hendrick Medical Center have the ability 11 A. Yes, that is correct. 11 to perform an emergency or a routine coronary artery 12 Q. (BY DR. SILVA) Can you tell us what training 12 bypass grafting surgery? 13 and where you received that training that conversations 13 A. Yes, they do. 14 between -- and consults between the interventional 14 Q. So this hospital also has heart surgeons or 15 cardiologists and other physicians has to be documented 15 cardiovascular surgeons on staff? 16 in the cardiac cath event log? 16 A. Yes, that's correct. 17 A. I was taught -- 17 MR. PODOLNICK: Form on the last one. 18 MR. PODOLNICK: Form. 18 Q. (BY DR. SILVA) Does the hospital that you work 19 A. I was taught that while I was training in the 19 at Hendrick, do they also have interventional 20 cardiac cath lab for the monitor position. 20 cardiologists? 21 Q. (BY DR. SILVA) Can you describe to us your 21 A. Yes, they do. 22 experience in regards to the various participants in the 22 Q. Okay. Are you -- do you have any licenses in 23 cardiac cath lab documenting in a cardiac cath event log 23 the state of Texas? 24 any complications that occur during a procedure? 24 A. A registered nurse license. 25 A. Yes, complications are supposed to be 25 Q. Is that up to date? 800.211.DEPO (3376) DEPOSITION SOLUTIONS= EsquireSolutions. corn BAILEY ESTES, BSN, RN-BC November 25, 2020 GREER vs MARTIN MEMORIAL MEDICAL CENTER 17-20 Page 17 Page 19 1 A. Yes, it is, 1 Q. How many publications have you authored? 2 Q. Do you have any licenses in any other states 2 A. I have been an author on ten publications. 3 throughout the United States? 3 Q. Are there any publications that are germane or 4 A. No, I do not. 4 specific to the issues in this case that you have? 5 Q. On your CV you have a compact license. What is 5 A. There are not. 6 that? 6 Q. Okay. And then the Abstract Presentations, 7 A. That basically means that the state of Texas, 7 what do those entail? 8 and there's various other states that have agreements on 8 A. Those are basically from research that I've 9 nursing license. So if I were to move to another state 9 done within my hospital or case reviews that were 10 it's easier for me to transfer my licensure to that 10 presented at -- sorry -- that were presented at places 11 state and register there. 11 like the American Cardio -- College of Cardiology, 12 Q. Okay. Are you certified in advanced cardiac 12 Scientific Sessions, major meetings. 13 life support? 13 Q. The -- we're here for a patient today, 14 A. Yes, I am. 14 Mr. Frederick Greer. Did our law firm contact you to 15 Q. Are you certified in basic life support? 15 ask you to render opinions regarding his care at Martin 16 A. Yes, I am. 16 Medical Center in this case? 17 Q. Can you tell us what professional memberships 17 A. Yes, they did. 18 and appointments you have? 19 A. I'm part of the membership for The American 20 College of Cardiology, CLI Global Society, the American 21 Nurses Association, the Texas Nurses Association, 18 P 20 21Y Q. And can you tell us when you were first 19 contacted? A. In May of 2020. Q. And were you sent various documents to arrive 24 Membership and Social Media 25 hold an appointment for the ACC 1 O 22 Society of Cardiovascular Angiography and Interventions. 23 I hold appointments in the CLI Global Society, C Committee, and Cardiovascular Q. And what is the ACC Cardiovascular Team then I Team. also Page 18 22 at your opinions in this matter? 23 24 25 1 Mr. A. Yes, I was. Q. Were you sent Martin Medical Center records for Greer? A. Yes, I was. Page 20 2 appointment? 2 Q. Were you sent the cardiac cath lab event log 3 A. That one is for chairman of the communications 3 for Mr. Greer? 4 committee. That one just started this month, so -- 4 A. Yes. 5 Q. Okay. And are you on any editorial boards or 5 Q. Were you sent the deposition transcript of 6 are you a journal reviewer? 6 Dr. Tolls, T-O-L-I-S? 7 A. Yes. Editorial board for the Cath Lab Digest 7 A. Yes. 8 and I'm a reviewer for Cardiovascular Disease Management 8 Q. Sent the deposition transcript of Dr. Selwyn, 9 and as well as the Cath Lab Digest. I'm a reviewer for 9 S-E-L-Y-W-Y-N? 10 them as well. 10 A. Yes. 11 Q. Can you describe to us, what is Cath Lab 11 Q. Sent the deposition transcript of Dr. Gelfand, 12 Digest? 12 G-E-L-F-A-N-D? 13 A. Cath Lab Digest is a free kind of open access 13 A. Yes. 14 journal that is provided to -- it has -- it's a free 14 Q. Sent the deposition transcript of Dr. Chaudhry, 15 subscription for people who are in the cardiac cath lab. 15 C-H-A-U-D-H-R-Y? 16 Basically it just has case reports, information on new 16 A. Yes. 17 studies, new technology. 17 Q. Sent the deposition transcript of Dr. Crouch, 18 Q. And what about Vascular Disease Management, 18 C-R-O-U-C-H? 19 what kind of -- is that a journal or -- 19 A. Yes. 20 A. It's -- it's more online. It is a journal, but 20 Q. Sent the deposition transcript of Nurse Tilley, 21 it doesn't come in print. And it's basically the same, 21 T-I-L-L-E-Y? 22 but more focused on peripheral vascular disease. 22 A. Yes. 23 Q. Okay. And do you have publications that you've 23 Q. Sent the deposition transcript of Brian 24 authored? 24 Carroll? 25 A. Yes. I have multiple. 25 A. Yes. ESQUIRE ' 7 DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions. corn BAILEY ESTES, BSN, RN-BC November 25,2020 GREER vs MARTIN MEMORIAL MEDICAL CENTER 21-24 Page 21 Page 23 1 Q. Sent the deposition transcript of Cynthia 1 Q. Okay. Once you reviewed all the information 2 Silva? 2 that we've discussed, did you arrive at opinions in this 3 A. Yes. 3 matter? 4 Q. And the transcript of Katherine Fournier, 4 A. Yes, I did. 5 F-O-U-R-N-I-E-R? 5 Q. Did you relay those opinions to myself and 6 A. Yes. 6 Mr. Somera during our pre-deposition conferences? 7 Q. Deposition transcript of Jacob Bennett, 7 A. Yes, I did. 8 B-E-N-N-E-T-T? 8 Q. Did our law firm memorialize those opinions in 9 A. Yes. 9 written form that have been titled Expert Opinions that 10 Q. And then you were sent the various policies and 10 are -- that I've sent over to opposing counsel today? 11 procedures from the Martin Medical Center cardiac cath 11 A. That is correct. 12 lab, including the cardiac transfers decision tree? 12 Q. Is everything on this expert opinion document 13 A. Yes. 13 your opinions except for the definition of Florida 14 Q. The balloon angioplasty? 14 statute reckless disregard? 15 A. Yes. 15 A. That is correct. 16 Q. Cardiac stent? 16 Q. Have the attorneys or anyone else influenced 17 A. Yes. 17 any of your opinions that are written on this document? 18 19 20 21 Q. A. Q. A. Left heart catheterization? Yes. STEMI cardiac alert? Yes. 18 19 P Y A. No, they have not. Q. Have you consulted with any colleagues or any 20 other experts to arrive at these opinions that are 21 memorialized? 22 23 24 25 Q. A. Q. Yes. Roles of cath lab personnel? A. Yes. 1 [ Video recording now C O Description of roles of cath lab personnel? Page 22 22 23 A. No. Q. Do you need any other information that you 24 haven't received up until today to arrive at these 25 opinions? 1 A. No. Page 24 2 Q. And have you had -- well, let me -- strike 2 Q. If there is additional information that is 3 that. 3 provided to you during discovery after today, would you 4 Have you also been sent the -- a portion of 4 reserve the right to change or add to your opinions? 5 the alleged audit trail with various redactions? 5 MR. PODOLNICK: Form. 6 A. Yes. 6 A. Yes, I do. 7 Q. Have you been sent the two versions of the -- 7 Q. (BY DR. SILVA) Okay. The -- were you also 8 of the cardiac result six-page reports of Dr. Chaudhry? 8 provided with a response by Michael Mittelmark, Esquire, 9 A. Yes. 9 on April 8, 2019 in regards to a request to produce by 10 Q. Have you been provided with the expert opinions 10 the plaintiff for all cardiothoracic surgery policies 11 as you relayed those to our law firm prior to today? 11 and procedures, and the answer was none? 12 A. Yes. 12 A. Correct. 13 Q. How many pre-deposition conferences did you 13 MR. PODOLNICK: Form, misstates the 14 have with our law firm? 14 document. 15 A. About four or five. 15 Q. (BY DR. SILVA) Were you also provided with an 16 Q. And when did those occur? 16 answer, Number 18 on a plaintiffs request to produce 17 A. They've occurred periodically throughout the 17 for all policies and procedures in coronary artery 18 past month and a half. 18 bypass grafting, and the response was: Objection; vague 19 Q. Okay. Once you received all of the information 19 and overbroad. Without waiving any objection and after 20 that we just went through, did you review it? 20 diligent inquiry, the answer was none. 21 A. Yes. 21 Were you provided with that? 22 Q. And approximately how much time did you spend 22 A. That's correct. 23 in reviewing the documentation that you were provided 23 Q. The policy and procedure regarding the cardiac 24 with? 24 transfers decision tree that you received from our law 25 A. It was around 15 hours. 25 firm, does the plaintiff exhibit date indicate that it 800.211.DEPO (3376) ESQUIRE DEPOSITION SOLUTIONS EsquireSolutions. corn BAILEY ESTES, BSN, RN-BC November 25, 2020 GREER vs MARTIN MEMORIAL MEDICAL CENTER 25-28 Page 25 Page 27 1 was provided on March 6th, 2020? 1 A. That is correct. 2 A. Yes. 2 Q. (BY DR. SILVA) If theoretically a conversation 3 Q. Do you know why the defendant hospital would 3 occurred between Dr. Chaudhry and Dr. Crouch, the heart 4 not have provided this cardiac transfers decision tree 4 surgeon, before the perforation, would you expect that 5 policy and procedure to the plaintiff before March 6th, 5 to be documented in the cardiac cath event log by the -- 6 2020? 6 by the providers? 7 MR. PODOLNICK: Form. Misstates facts not 7 A. Yes. If the conversation had occurred it would 8 in evidence. 8 need to be documented. 9 Q. (BY DR. SILVA) You can answer it. 9 Q. Did you see any evidence of any conversation 10 A. I do not. 10 before the perforation between Dr. Chaudhry and 11 Q. Do -- in your opinion, is this cardiac transfer 11 Dr. Crouch in the cardiac cath event log? 12 decision tr