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Filing # 104149271 E-Filed 03/02/2020 10:30:38 AM
IN THE CIRCUIT COURT OF THE
19 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,
Defendants.
/
MARTIN MEMORIAL MEDICAL CENTER, INC.’S NOTICE OF FILING
TRANSCRIPT OF DEPOSITION OF ANDREW P. SELWYN, M.D.
MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL
CENTER, a Florida Corporation, hereby gives notice of filing the deposition transcript of Andrew
P. Selwyn, which took place on November 25, 2019, and which has been redacted pursuant to
Florida Rules of Judicial Administration 2.420 and 2.425.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this 2"? day of March, 2020, 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
By:
THOMASG7 AGBIN, ESQUIRE
FBN: 008060
taubin@stearnsweaver.com
MATTHEW S. PODOLNICK, ESQUIRE
FBN: 112126
mpodolnick@stearnsweaver.com
Electronically Filed Martin 03/02/2020 10:30 AM
SERVICE LIST
Peter J. Somera Jr., Esq. Keith J. Puya, Esq.
Paul M. Silva, M.D., Esq. Hector R. Buigas, Esq.
Somera & Silva, LLP Law Offices of Keith J. Puya, P.A.
2255 Glades Road, Suite 232W 4880 Donald Ross Road, Suite 225
Boca Raton, FL 33431 Palm Beach Gardens, FL 33418
Phone: (561) 981-8881 Phone: (561) 408-3772
Fax: (561) 981-8887 Fax: (561) 408-3759
pleadings@somerasilva.com service@puyalaw.com
litigation@somerasilva.com Attorneys for Defendants Kunal Chaudhry,
Attorneys for Plaintiffs M.D. and Cardiology Associates of Stuart,
PA,
Dinah Stein, Esq. Adam Richardson, Esq.
Hicks, Poerter, Ebenfeld & Stein Burlington & Rockenbach, P.A.
799 Brickell Plaza, 9" Floor 444 West Railroad Avenue
Miami, FL 33131 West Palm Beach, FL 33401
Phone: (305) 375-8171 Tel: 561-721-0400
Attorneys for Defendants Kunal Chaudhry, jr@FLAppellateLaw.com
M.D. and Cardiology Associates of Stuart, fa@FLAppellateLaw.com
PA. Appellate attorneys for Plaintiffs
#8205802 vi
In the Matter Of:
GREER vs MARTIN MEMORIAL MEDICAL CENTER
2019CA00001SCAAXMX,
ANDREW P. SELWYN, M.D.
November 25, 2019
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DEPOSITION SOLUTIONS
ANDREW P. SELWYN, M.D. November 25, 2019
GREER vs MARTIN MEMORIAL MEDICAL CENTER —
=
IN THE CIRCUIT COURT OF THE 19TH JUDICIAL
CIRCUIT IN AND FOR MARTIN COUNTY, FL
Civil Action No. 2019CA000015CAAXMX
FRO RO FOR IRI IO II I I FO I dak Ok
FREDERIC CHARLES GREER, celeste ca Tacl
MELISSA ANNE GREER, as Husband
and Wife and FREDERIC CHARLES
GREER, TII and MELISSA ANNE
GREER, Individually
Plaintiffs
v
10
MARTIN MEMORIAL MEDICAL CENTER,
11 ENCE d/b/a MARTIN MEDICAL
CENTER, a Florida Corporation,
a2 KUNAL CHAUDHRY, M.D. and
CARDIOLOGY ASSOCIATES OF STUART,
13 P.A., a Florida Profit
Corporation,
14
Defendants
15 FORO FOR RO FO RO IR ROR RO IO II I I Ik oe
16
Ay, VIDEOCONFERENCE DEPOSITION OF:
18 ANDREW PETER SELWYN, M.D.
ao CATUOGNO COURT REPORTING SERVICES, INC.
20 50 Federal Street, 8th Floor
21 Boston, Massachusetts
22 November 25, 2019 10:06 a.m.
23
24 Ellen M. Muir
25 Court Reporter
Z ESQUIRE oFPosition soLuTiONns
800.211.DEPO (3376)
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ANDREW P. SELWYN, M.D. November 25, 2019
GREER vs MARTIN MEMORIAL MEDICAL CENTER 2
-
APPEARANCES:
Representing Frederic Charles Greer, III and Melissa
Anne Greer (via videoconference)
SOMERA & SILVA, LLP
One Boca Place
2255 Glades Road, Suite 232W
Boca Raton, FL 33431
BY: PAUL M. Sass VAL Me ESQ.
561.981.8881 PAX Gre Oodle soon,
paul@somerasilva.com
Representing Martin Memorial Medical Center, eric
d/b/a Martin Medical Center (via videoconference)
10 MICHAUD, MITTELMARK & ASRANT, PLLC
621 NW 53rd Street, Suite 395
11 Boca Raton, GL 33387
eyes MICHAEL K. MITTELMARK, ESQ.
12 561.886.3390 FAX 561.331.5894
mmittelmark@michaudlaw.com
13
14
Representing Kunal Chaudhry, M.D. and Cardiology
15 Associates of Stuart, P.A. (via videoconference) :
LAW OFFICE OF KEITH J. PUYA, P.A.
16 4880 Donald Ross Road, Suite 225
Palm Beach Gardens, FL 33418
17 BY: HECTOR BUIGAS, ESO.
561.408.3772 FAX 561.408.3759
18 hbuigas@puyalaw.com
19
20
2Al
22
23)
24
25
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ANDREW P. SELWYN, M.D. November 25, 2019
GREER vs MARTIN MEMORIAL MEDICAL CENTER 3
-
ae Ds
WITNESS: ANDREW PETER SELWYN, M.D.
EXAMINATION BY: PAGE:
Mr. Mittelmark
Mr. Buigas 62
Mr. Silva 105
FURTHER EXAMINATION BY PAGE:
Mr. Buigas 135
Miter Mittelmark 136
10
Mr. Silva 138
ali
12 EXHIBIT DESCRIPTION: PAGE:
13 Exhibit List created by Dr. Selwyn
14 Exhibit Flash Drive
15 Exhibit A list of documents reviewed
by Dr. Selwyn from
16 Attorney Silva
17 Exhibit Five pages of handwritten 13
notes by Dr. Selwyn
18
PLAINTIFFS! EXHIBITS: PAGE:
19
Exhibit 1 Curriculum Vitae of Ory
20 Dr. Selwyn
21 csoclaetel
iste 2 Five-page document of 108
Dr. Selwyn's opinions
22
22)
24 (Exhibit 3 retained by Attorney Mittelmark)
25 (Plaintiffs' Bechiodbs) lh) oae On teleost | cia ive)
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ANDREW P. SELWYN, M.D. November 25, 2019
GREER vs MARTIN MEMORIAL MEDICAL CENTER 4
ANDREW PETER SELWYN, M.D., Deponent, having
first been satisfactorily identified and duly sworn,
deposes and states as follows:
EXAMINATION BY MR. MITTELMARK:
_ Please state your name and address, sir?
A Andrew Peter Selwyn, S-E-L-W-Y-N, Brigham
and Women's Hospital, 75 Francis Street, Boston, MA
02115.
10 Q And you're» essentiality in medicine?
11 A Cardiovascular medicine.
12 Q Is that the same as interventional
13 cardiology?
14 A Interventional cardiology is a section of
AS a broader subject of cardiovascular medicine.
16 Q But interventional cardiovascular is
17 something that you're very familiar with, correct?
18 A Yes, it is.
19 Q And I see that you're licensed only in
20 Massachusetts, is that accurate?
apr A That is correct.
22 Q And that you're board-certified in what
ar) specialty?
24 A Internal medicine and cardiovascular
25 medicine.
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ANDREW P. SELWYN, M.D. November
25, 2019
GREER vs MARTIN MEMORIAL MEDICAL CENTER 5
Q And both of those board certifications
are from the United Kingdom?
A Yes, they are.
Q And tell me what your current position
is?
A At Brigham and Women's Hospital I'ma --
Q That's a bad question. What are you
urrently doing? How's that?
A You want my titles or my functions?
10 Q I want both. But you broke up --
11 unfortunately, we missed the very beginning of that
Ale answer. So let me.ask it this way: What are you
13 currently doing at Brigham and Women's Hospital?
14 A I practice there as a cardiovascular
15 physician. From 1984 until the beginning of 2017, Ts
16 was a full-time interventional cardiologist doing
17 invasive procedures and caring for patients in the
18 variety of settings. From the beginning of leo
19 the present day, I'm a practicing cardiovascular
20 specialist with inpatient and office practice in that
21 hospital. I also do research, teaching and
22 administration.
23 _ What was the last time you authored any
24 publications?
25 A I don't know the date, probably eight or
a
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ANDREW P. SELWYN, M.D. November
25, 2019
GREER vs MARTIN MEMORIAL MEDICAL CENTER 6
ten years ago.
Q And when was the last time you performed
an interventional cardiology procedure such as the
one we're here to discuss today performed by
Di Chaudhry on Mr. Greer?
A At the time end of 2016.
7 Do you remember when you were first
contacted in this case?
A I don't remember the date. Tm goung sco
10 assume it was 2017 or 2018.
al Q Well, we know the cardiac catheterization
12 procedure was performed on September 1, 20s Would
13 that refresh your recollection at all as to when you
14 were first contacted in this case?
15 A No, I don't recall the date.
16 Q DO you. cecal whortimse time, contacted
17 you?
ae) A I don't remember. It could have been any
19 one of three people.
20 Q Okay. Could you identify those three
21 people, please?
22 A I don't have a computer to put up the
23 information, put up the files that I've brought with
24 me so I'm not going to guess.
25 _ All right. Do you remember what you were
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ANDREW P. SELWYN, M.D. Sota aes
GREER vs MARTIN MEMORIAL MEDICAL CENTER
asked to do when you were first contacted in this
case?
A I was asked to exam the records of a
Frederic Greer with regard to standard of care,
damages and causation.
Q And what did you review after you were
asked to examine the medical records, which records
did you review?
A I have a list which includes =
10 MR. SILVA: This is Paul Silva. I have
11 just handedMn. MilétePmark a list of the
12 records and items. Selwyn was provided with in
13 this matter.
14 Q If you could pull out that list,
15 Dr. Selwyn. I'm looking at a list that was provided
16 by counsel for Mr. Greer, and at the very top it's
ley entitled, "Documents Reviewed by Andrew Selywn, M.D."
18 Do you have that in front of you?
19 A No. I have a list that I have created
20 myself in writing. And I also have all of the files
21 that I've received and reviewed on a USB thumb drive.
22 Q Okay. So let's do this, Madam Court
23 Reporter. Let's mark the notes sorry, the list
24 that was created by Dr. Selwyn as Defendants' Exhibit
2) No. 1
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ANDREW P. SELWYN, M.D. Sear
GREER vs MARTIN MEMORIAL MEDICAL CENTER
(Exhibit 1, marked)
Q We're going to mark the flash drive as
Defendant's Exhibit No. 2
(Exhibit 2, marked)
Q ‘SO; Dr. Selwyn, what | I have in front of
me is a list provided by counsel for Mr. Greer, which
10 at the very top states» documents reviewed by Andrew
11 Selwyn, M.D. And, Madam Court Reporter, I'm going to
12 go ahead and Qerk gna@™Defendants' Exhibit No. 3, and
13 I'll make sure that I get a copy of that to you.
14
15 GED ate 7, marked)
16
17 Q Dr. Selwyn, could you now read the list
18 that you created of documents that you reviewed.
19 A Notice of Deposition, Cath Report Log,
20 Florida Hospital record, Medical Records starting 9/1
21 and angio pictures and frames, Gelgand exhibits, my
22 opinions, sheriff's office, Sylvestire Consult note,
23 medical records by Tee, Hal Pineless, Florida; Martin
24 Medical record and images. Followed by depositions
25 by Tilly, Wakonsen, Grace, Chaudhry, Crouch, Greer,
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ANDREW P. SELWYN, M.D. Deedee
GREER vs MARTIN MEMORIAL MEDICAL CENTER
=
Fred; Greer, Melissa, Gelgand, Selwyn and Toles.
Q Okay. So if you could -- I may have
missed some of the records, and ie Vou cola Hee me
know if you reviewed them -- the physical. Is that
something that you reviewed?
A Could you say that again.
Q Sure. Did you review the County
Sheriff's Office Preemployment Physical?
A I do have notes»from the Sheriff's
10 Oficer It doesn't dist if it's a physical. But I
11 do have notes from the sheriff's office.
a2 Q How about records from Lake Worth
leo) Diagnostic Testing?
14 A I don't have that on my list.
15 Q And how about Martin Health Physician
16 Group.
ale A I have Martin Medical, all records. I
18 haven't specified it as you've just read it.
oS) Q How about Publix Pharmacy?
20 A I don't have that on my list.
21 How about Walgreens Pharmacy?
22 I don't have that on my list.
23 How about Jerome Obed, M.D.?
24 I don't have that.
Zi) Do you have an excerpt of
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ANDREW P. SELWYN, M.D. November
25, 2019
GREER vs MARTIN MEMORIAL MEDICAL CENTER dl
Dia Silvestire's deposition?
A Yes.
Q When did you receive that?
I don't recall the date.
Do you recall reviewing that excerpt?
I do.
Q Was that within the last week?
A I read it in the last week as I read the
whole chart in this last Jug@h.
10 Q Okay. And»can you recall, as you sit
11 here, what portion of Dr. Silvestire's deposition you
a2 read?
13 A Well, I can't name the page or the lines,
ae andl f cant paraphrase: tt: Lol your It dealt with
15 estimates of ejection fraction.
16 Q Okay. So sorry to keep jumping around
17 like this, but when you were first asked to review
18 the records on standard of care, do you recall having
alo) any opinions against Martin Memorial Medical Center,
20 which is my client?
21 A I don't know if the nurse that was
22 responsible for pointing out the wife's presence in
23 the waiting room represents the hospital as you've
24 just named it.
25) Q Correct. But when you were first
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ANDREW P. SELWYN, M.D. November 25, 2019
GREER vs MARTIN MEMORIAL MEDICAL CENTER 11
contacted in this case and you spoke to somebody from
Mr. Silva's office about this case, would you agree
that you had no opinions about the hospital and
whether any of their employees deviated from the
standard of care?
MR. SILVA: Object to the form. Leading.
A donc) heave I hadn't seen the medical
record so I had no opinions at all.
Q Well, what medical records did you need
10 to look at to determine that somebody from the
alae hospital deviated from the standard of care?
12 A I need.to see all the records from
13 Tradition to Martin to the end of that admission to
14 Martin in order to offer an opinion.
15 Q Well, when did you get those records?
16 MR. SILVA: Gbilece the torn: Asked and
17 answered. Go ahead.
18 A I don't recall the date but when I
19 finished reviewing most of -- all of what's on this
20 list, I was able to offer opinions.
21 Q Would you agree that Jt wasnwi Uncdl: vou
22 read the deposition of Catelyn Tilly that you first
23 had opinions that someone from the hospital, whether
24 a nurse or one of it's employees deviated from the
25 standard of care?
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ANDREW P. SELWYN, M.D. November 25, 2019
GREER vs MARTIN MEMORIAL MEDICAL CENTER 2
MR. SILVA: Object to the form.
A No, I don't recall that at all.
Q How did you learn that Ms. Tilly did not
tell Dr. Chaudhry that Mrs. Greer was in the waiting
room.
A Well, first of all, by reading the chart
and then by speaking with Mr. Silva and his
colleagues.
Q What in the chart would lead you to
10 believe that Catelyn Tilly did not tell Dr. Chaudhry
alae that Mrs. Greer was in the waiting room?
12 A Well, the chart contained the first
13 evidence that this patient had received morphine and
14 Zofran that they had progressed to the Martin cath
15 lab and somehow signed consent and that led me to ask
16 how the consent was taken, where was the family at
17 the time and who were the nurses, the floor nurses,
18 or clerical staff responsible for noting that the
19 family was present.
20 Q Were there floor nurses involved in this
21 case?
22 A I don't know the total number of nurses
23 involved.
24 Q My question was, was there floor nurses
25 involved in this case?
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ANDREW P. SELWYN, M.D. November
25, 2019
GREER vs MARTIN MEMORIAL MEDICAL CENTER 13
~
MR. SILVA: Object to the form.
A Nurses working in the cath lab and
around, yes.
Q Do you consider nurses in the cath lab to
be floor nurses?
A Weal the munses: On che tlooG aeethe site
where care was being delivered.
Q Okay. All right. So I know you read to
me a list of notations or records you reviewed. Did
10 you take any notes om any of the materials that you
11 reviewed?
12 A I did.
13 Q And where would that be contained?
14 A Here in front of me.
15 Q And can you identify the notes that you
16 have in front of you? How many pages are they?
17 A Five.
18 MR. MITTELMARK: Madam Court Reporter,
19 we're going to mark the five pages of
20 Dr. Selwyn's notes as Exhibit No. 4
21
22 (Exhibit 4, marked)
23
24 Q Dt Selywn, can you tell me what's on
25 those notes and if you need to read them verbatim,
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ANDREW P. SELWYN, M.D. November
25, 2019
GREER vs MARTIN MEMORIAL MEDICAL CENTER 14
then feel. free bo do so.
A I don't need to read them verbatim. They
are a list of the facts and the findings in the
various records that I studied that I thought were
important in order to appreciate the chronology of
events and from that be able to take standard of
care, causation and damages.
Q Tell me about -- let's talk about your
medical-legal background. When did you first start
G) doing medical-legal work?
ele A 1986».
12 Q And how much do you charge for review of
13 records?
14 A $500 an hour.
5) Q How much do you charge for deposition?
16 A A single fee of $2,500.
17 Q And if you came bo ;teseiny, ny tial sin
18 Stuart, which is in Martin County, Florida, how much
19 would that be?
20 A That would be a single fee of $5,000 plus
a1 expenses.
22 Q How many hours have you incurred, or do
23 you have any invoices of bills that you've sent to
24 Mr. Saelivcls| Orrices
25 A I have sent bills to Mr. Silva's office.
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ANDREW P. SELWYN, M.D. November
25, 2019
GREER vs MARTIN MEMORIAL MEDICAL CENTER 15
I do not have them on me. Mr. Silva has all of them.
I don't know the exact number of hours. I would say
it's somewhere in the region of eight hours up to
now.
MR. SILVA: Yeah. Claas lst Mia Silva.
Timejuse cellang: Mien Miteelmaria that wes ll
provide him with all the invoices and bills
that we received from Dr. Selywn.
Q And can you tellme since the last
10 invoice you sent about how many hours you put in, was
11 eight total up to today?
12 A No, the eight is not total. And I've
13 spent at least another five hours looking through
14 various documents, various images, and creating these
15 notes and talking to Mr. Silva.
16 Q Do you have a list of cases that you
17 testified in?
18 A I don't have an up-to-date list, but I
19 have created lists when asked when I give testimony
20 in bederal. counter That was at least three or four
21 years ago, perhaps more tS Ob hed rely, Up co
22 date, Dit ites) @he best I have.
23 7 If I was to ask you to provide that to
24 counsel for Mr. Greer, would you be able to do so?
25 A I am able. Yes.
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Filing # 104149271 E-Filed 03/02/2020 10:30:38 AM IN THE CIRCUIT COURT OF THE 19 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, Defendants. / MARTIN MEMORIAL MEDICAL CENTER, INC.’S NOTICE OF FILING TRANSCRIPT OF DEPOSITION OF ANDREW P. SELWYN, M.D. MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER, a Florida Corporation, hereby gives notice of filing the deposition transcript of Andrew P. Selwyn, which took place on November 25, 2019, and which has been redacted pursuant to Florida Rules of Judicial Administration 2.420 and 2.425. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this 2"? day of March, 2020, 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 By: THOMASG7 AGBIN, ESQUIRE FBN: 008060 taubin@stearnsweaver.com MATTHEW S. PODOLNICK, ESQUIRE FBN: 112126 mpodolnick@stearnsweaver.com Electronically Filed Martin 03/02/2020 10:30 AM SERVICE LIST Peter J. Somera Jr., Esq. Keith J. Puya, Esq. Paul M. Silva, M.D., Esq. Hector R. Buigas, Esq. Somera & Silva, LLP Law Offices of Keith J. Puya, P.A. 2255 Glades Road, Suite 232W 4880 Donald Ross Road, Suite 225 Boca Raton, FL 33431 Palm Beach Gardens, FL 33418 Phone: (561) 981-8881 Phone: (561) 408-3772 Fax: (561) 981-8887 Fax: (561) 408-3759 pleadings@somerasilva.com service@puyalaw.com litigation@somerasilva.com Attorneys for Defendants Kunal Chaudhry, Attorneys for Plaintiffs M.D. and Cardiology Associates of Stuart, PA, Dinah Stein, Esq. Adam Richardson, Esq. Hicks, Poerter, Ebenfeld & Stein Burlington & Rockenbach, P.A. 799 Brickell Plaza, 9" Floor 444 West Railroad Avenue Miami, FL 33131 West Palm Beach, FL 33401 Phone: (305) 375-8171 Tel: 561-721-0400 Attorneys for Defendants Kunal Chaudhry, jr@FLAppellateLaw.com M.D. and Cardiology Associates of Stuart, fa@FLAppellateLaw.com PA. Appellate attorneys for Plaintiffs #8205802 vi In the Matter Of: GREER vs MARTIN MEMORIAL MEDICAL CENTER 2019CA00001SCAAXMX, ANDREW P. SELWYN, M.D. November 25, 2019 ESQ UIRE 800.211.DEPO (3376) EsquireSolutions.com DEPOSITION SOLUTIONS ANDREW P. SELWYN, M.D. November 25, 2019 GREER vs MARTIN MEMORIAL MEDICAL CENTER — = IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FL Civil Action No. 2019CA000015CAAXMX FRO RO FOR IRI IO II I I FO I dak Ok FREDERIC CHARLES GREER, celeste ca Tacl MELISSA ANNE GREER, as Husband and Wife and FREDERIC CHARLES GREER, TII and MELISSA ANNE GREER, Individually Plaintiffs v 10 MARTIN MEMORIAL MEDICAL CENTER, 11 ENCE d/b/a MARTIN MEDICAL CENTER, a Florida Corporation, a2 KUNAL CHAUDHRY, M.D. and CARDIOLOGY ASSOCIATES OF STUART, 13 P.A., a Florida Profit Corporation, 14 Defendants 15 FORO FOR RO FO RO IR ROR RO IO II I I Ik oe 16 Ay, VIDEOCONFERENCE DEPOSITION OF: 18 ANDREW PETER SELWYN, M.D. ao CATUOGNO COURT REPORTING SERVICES, INC. 20 50 Federal Street, 8th Floor 21 Boston, Massachusetts 22 November 25, 2019 10:06 a.m. 23 24 Ellen M. Muir 25 Court Reporter Z ESQUIRE oFPosition soLuTiONns 800.211.DEPO (3376) EsquireSolutions.com ANDREW P. SELWYN, M.D. November 25, 2019 GREER vs MARTIN MEMORIAL MEDICAL CENTER 2 - APPEARANCES: Representing Frederic Charles Greer, III and Melissa Anne Greer (via videoconference) SOMERA & SILVA, LLP One Boca Place 2255 Glades Road, Suite 232W Boca Raton, FL 33431 BY: PAUL M. Sass VAL Me ESQ. 561.981.8881 PAX Gre Oodle soon, paul@somerasilva.com Representing Martin Memorial Medical Center, eric d/b/a Martin Medical Center (via videoconference) 10 MICHAUD, MITTELMARK & ASRANT, PLLC 621 NW 53rd Street, Suite 395 11 Boca Raton, GL 33387 eyes MICHAEL K. MITTELMARK, ESQ. 12 561.886.3390 FAX 561.331.5894 mmittelmark@michaudlaw.com 13 14 Representing Kunal Chaudhry, M.D. and Cardiology 15 Associates of Stuart, P.A. (via videoconference) : LAW OFFICE OF KEITH J. PUYA, P.A. 16 4880 Donald Ross Road, Suite 225 Palm Beach Gardens, FL 33418 17 BY: HECTOR BUIGAS, ESO. 561.408.3772 FAX 561.408.3759 18 hbuigas@puyalaw.com 19 20 2Al 22 23) 24 25 ZESQ UIRE bEPosition soLuTIONS 800.211.DEPO (3376) EsquireSolutions.com ANDREW P. SELWYN, M.D. November 25, 2019 GREER vs MARTIN MEMORIAL MEDICAL CENTER 3 - ae Ds WITNESS: ANDREW PETER SELWYN, M.D. EXAMINATION BY: PAGE: Mr. Mittelmark Mr. Buigas 62 Mr. Silva 105 FURTHER EXAMINATION BY PAGE: Mr. Buigas 135 Miter Mittelmark 136 10 Mr. Silva 138 ali 12 EXHIBIT DESCRIPTION: PAGE: 13 Exhibit List created by Dr. Selwyn 14 Exhibit Flash Drive 15 Exhibit A list of documents reviewed by Dr. Selwyn from 16 Attorney Silva 17 Exhibit Five pages of handwritten 13 notes by Dr. Selwyn 18 PLAINTIFFS! EXHIBITS: PAGE: 19 Exhibit 1 Curriculum Vitae of Ory 20 Dr. Selwyn 21 csoclaetel iste 2 Five-page document of 108 Dr. Selwyn's opinions 22 22) 24 (Exhibit 3 retained by Attorney Mittelmark) 25 (Plaintiffs' Bechiodbs) lh) oae On teleost | cia ive) Z ESQ UIRE DEPOSITION soLUTIONS 800.211.DEPO (3376) EsquireSolutions.com ANDREW P. SELWYN, M.D. November 25, 2019 GREER vs MARTIN MEMORIAL MEDICAL CENTER 4 ANDREW PETER SELWYN, M.D., Deponent, having first been satisfactorily identified and duly sworn, deposes and states as follows: EXAMINATION BY MR. MITTELMARK: _ Please state your name and address, sir? A Andrew Peter Selwyn, S-E-L-W-Y-N, Brigham and Women's Hospital, 75 Francis Street, Boston, MA 02115. 10 Q And you're» essentiality in medicine? 11 A Cardiovascular medicine. 12 Q Is that the same as interventional 13 cardiology? 14 A Interventional cardiology is a section of AS a broader subject of cardiovascular medicine. 16 Q But interventional cardiovascular is 17 something that you're very familiar with, correct? 18 A Yes, it is. 19 Q And I see that you're licensed only in 20 Massachusetts, is that accurate? apr A That is correct. 22 Q And that you're board-certified in what ar) specialty? 24 A Internal medicine and cardiovascular 25 medicine. ZESQ UIRE DEPOSITION SOLUTIONS 800.21 1.DEPO (3376) EsquireSolutions.com ANDREW P. SELWYN, M.D. November 25, 2019 GREER vs MARTIN MEMORIAL MEDICAL CENTER 5 Q And both of those board certifications are from the United Kingdom? A Yes, they are. Q And tell me what your current position is? A At Brigham and Women's Hospital I'ma -- Q That's a bad question. What are you urrently doing? How's that? A You want my titles or my functions? 10 Q I want both. But you broke up -- 11 unfortunately, we missed the very beginning of that Ale answer. So let me.ask it this way: What are you 13 currently doing at Brigham and Women's Hospital? 14 A I practice there as a cardiovascular 15 physician. From 1984 until the beginning of 2017, Ts 16 was a full-time interventional cardiologist doing 17 invasive procedures and caring for patients in the 18 variety of settings. From the beginning of leo 19 the present day, I'm a practicing cardiovascular 20 specialist with inpatient and office practice in that 21 hospital. I also do research, teaching and 22 administration. 23 _ What was the last time you authored any 24 publications? 25 A I don't know the date, probably eight or a Z ESQ UIRE berosition souurions 800.211.DEPO (3376) EsquireSolutions.com ANDREW P. SELWYN, M.D. November 25, 2019 GREER vs MARTIN MEMORIAL MEDICAL CENTER 6 ten years ago. Q And when was the last time you performed an interventional cardiology procedure such as the one we're here to discuss today performed by Di Chaudhry on Mr. Greer? A At the time end of 2016. 7 Do you remember when you were first contacted in this case? A I don't remember the date. Tm goung sco 10 assume it was 2017 or 2018. al Q Well, we know the cardiac catheterization 12 procedure was performed on September 1, 20s Would 13 that refresh your recollection at all as to when you 14 were first contacted in this case? 15 A No, I don't recall the date. 16 Q DO you. cecal whortimse time, contacted 17 you? ae) A I don't remember. It could have been any 19 one of three people. 20 Q Okay. Could you identify those three 21 people, please? 22 A I don't have a computer to put up the 23 information, put up the files that I've brought with 24 me so I'm not going to guess. 25 _ All right. Do you remember what you were ZESQ UIRE oFPosiTION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com ANDREW P. SELWYN, M.D. Sota aes GREER vs MARTIN MEMORIAL MEDICAL CENTER asked to do when you were first contacted in this case? A I was asked to exam the records of a Frederic Greer with regard to standard of care, damages and causation. Q And what did you review after you were asked to examine the medical records, which records did you review? A I have a list which includes = 10 MR. SILVA: This is Paul Silva. I have 11 just handedMn. MilétePmark a list of the 12 records and items. Selwyn was provided with in 13 this matter. 14 Q If you could pull out that list, 15 Dr. Selwyn. I'm looking at a list that was provided 16 by counsel for Mr. Greer, and at the very top it's ley entitled, "Documents Reviewed by Andrew Selywn, M.D." 18 Do you have that in front of you? 19 A No. I have a list that I have created 20 myself in writing. And I also have all of the files 21 that I've received and reviewed on a USB thumb drive. 22 Q Okay. So let's do this, Madam Court 23 Reporter. Let's mark the notes sorry, the list 24 that was created by Dr. Selwyn as Defendants' Exhibit 2) No. 1 ZESQ UIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com ANDREW P. SELWYN, M.D. Sear GREER vs MARTIN MEMORIAL MEDICAL CENTER (Exhibit 1, marked) Q We're going to mark the flash drive as Defendant's Exhibit No. 2 (Exhibit 2, marked) Q ‘SO; Dr. Selwyn, what | I have in front of me is a list provided by counsel for Mr. Greer, which 10 at the very top states» documents reviewed by Andrew 11 Selwyn, M.D. And, Madam Court Reporter, I'm going to 12 go ahead and Qerk gna@™Defendants' Exhibit No. 3, and 13 I'll make sure that I get a copy of that to you. 14 15 GED ate 7, marked) 16 17 Q Dr. Selwyn, could you now read the list 18 that you created of documents that you reviewed. 19 A Notice of Deposition, Cath Report Log, 20 Florida Hospital record, Medical Records starting 9/1 21 and angio pictures and frames, Gelgand exhibits, my 22 opinions, sheriff's office, Sylvestire Consult note, 23 medical records by Tee, Hal Pineless, Florida; Martin 24 Medical record and images. Followed by depositions 25 by Tilly, Wakonsen, Grace, Chaudhry, Crouch, Greer, BESQ UIRE oFPosition SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com ANDREW P. SELWYN, M.D. Deedee GREER vs MARTIN MEMORIAL MEDICAL CENTER = Fred; Greer, Melissa, Gelgand, Selwyn and Toles. Q Okay. So if you could -- I may have missed some of the records, and ie Vou cola Hee me know if you reviewed them -- the physical. Is that something that you reviewed? A Could you say that again. Q Sure. Did you review the County Sheriff's Office Preemployment Physical? A I do have notes»from the Sheriff's 10 Oficer It doesn't dist if it's a physical. But I 11 do have notes from the sheriff's office. a2 Q How about records from Lake Worth leo) Diagnostic Testing? 14 A I don't have that on my list. 15 Q And how about Martin Health Physician 16 Group. ale A I have Martin Medical, all records. I 18 haven't specified it as you've just read it. oS) Q How about Publix Pharmacy? 20 A I don't have that on my list. 21 How about Walgreens Pharmacy? 22 I don't have that on my list. 23 How about Jerome Obed, M.D.? 24 I don't have that. Zi) Do you have an excerpt of — Z ESQ UIRE ofPosition sovuTiONS 800.211.DEPO (3376) EsquireSolutions.com ANDREW P. SELWYN, M.D. November 25, 2019 GREER vs MARTIN MEMORIAL MEDICAL CENTER dl Dia Silvestire's deposition? A Yes. Q When did you receive that? I don't recall the date. Do you recall reviewing that excerpt? I do. Q Was that within the last week? A I read it in the last week as I read the whole chart in this last Jug@h. 10 Q Okay. And»can you recall, as you sit 11 here, what portion of Dr. Silvestire's deposition you a2 read? 13 A Well, I can't name the page or the lines, ae andl f cant paraphrase: tt: Lol your It dealt with 15 estimates of ejection fraction. 16 Q Okay. So sorry to keep jumping around 17 like this, but when you were first asked to review 18 the records on standard of care, do you recall having alo) any opinions against Martin Memorial Medical Center, 20 which is my client? 21 A I don't know if the nurse that was 22 responsible for pointing out the wife's presence in 23 the waiting room represents the hospital as you've 24 just named it. 25) Q Correct. But when you were first ZESQ UIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com ANDREW P. SELWYN, M.D. November 25, 2019 GREER vs MARTIN MEMORIAL MEDICAL CENTER 11 contacted in this case and you spoke to somebody from Mr. Silva's office about this case, would you agree that you had no opinions about the hospital and whether any of their employees deviated from the standard of care? MR. SILVA: Object to the form. Leading. A donc) heave I hadn't seen the medical record so I had no opinions at all. Q Well, what medical records did you need 10 to look at to determine that somebody from the alae hospital deviated from the standard of care? 12 A I need.to see all the records from 13 Tradition to Martin to the end of that admission to 14 Martin in order to offer an opinion. 15 Q Well, when did you get those records? 16 MR. SILVA: Gbilece the torn: Asked and 17 answered. Go ahead. 18 A I don't recall the date but when I 19 finished reviewing most of -- all of what's on this 20 list, I was able to offer opinions. 21 Q Would you agree that Jt wasnwi Uncdl: vou 22 read the deposition of Catelyn Tilly that you first 23 had opinions that someone from the hospital, whether 24 a nurse or one of it's employees deviated from the 25 standard of care? ZBESQ UIRE DEPOSITION SOLUTIONS. 800.211.DEPO (3376) EsquireSolutions.com ANDREW P. SELWYN, M.D. November 25, 2019 GREER vs MARTIN MEMORIAL MEDICAL CENTER 2 MR. SILVA: Object to the form. A No, I don't recall that at all. Q How did you learn that Ms. Tilly did not tell Dr. Chaudhry that Mrs. Greer was in the waiting room. A Well, first of all, by reading the chart and then by speaking with Mr. Silva and his colleagues. Q What in the chart would lead you to 10 believe that Catelyn Tilly did not tell Dr. Chaudhry alae that Mrs. Greer was in the waiting room? 12 A Well, the chart contained the first 13 evidence that this patient had received morphine and 14 Zofran that they had progressed to the Martin cath 15 lab and somehow signed consent and that led me to ask 16 how the consent was taken, where was the family at 17 the time and who were the nurses, the floor nurses, 18 or clerical staff responsible for noting that the 19 family was present. 20 Q Were there floor nurses involved in this 21 case? 22 A I don't know the total number of nurses 23 involved. 24 Q My question was, was there floor nurses 25 involved in this case? ZBESQ UIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com ANDREW P. SELWYN, M.D. November 25, 2019 GREER vs MARTIN MEMORIAL MEDICAL CENTER 13 ~ MR. SILVA: Object to the form. A Nurses working in the cath lab and around, yes. Q Do you consider nurses in the cath lab to be floor nurses? A Weal the munses: On che tlooG aeethe site where care was being delivered. Q Okay. All right. So I know you read to me a list of notations or records you reviewed. Did 10 you take any notes om any of the materials that you 11 reviewed? 12 A I did. 13 Q And where would that be contained? 14 A Here in front of me. 15 Q And can you identify the notes that you 16 have in front of you? How many pages are they? 17 A Five. 18 MR. MITTELMARK: Madam Court Reporter, 19 we're going to mark the five pages of 20 Dr. Selwyn's notes as Exhibit No. 4 21 22 (Exhibit 4, marked) 23 24 Q Dt Selywn, can you tell me what's on 25 those notes and if you need to read them verbatim, ZESQ UIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com ANDREW P. SELWYN, M.D. November 25, 2019 GREER vs MARTIN MEMORIAL MEDICAL CENTER 14 then feel. free bo do so. A I don't need to read them verbatim. They are a list of the facts and the findings in the various records that I studied that I thought were important in order to appreciate the chronology of events and from that be able to take standard of care, causation and damages. Q Tell me about -- let's talk about your medical-legal background. When did you first start G) doing medical-legal work? ele A 1986». 12 Q And how much do you charge for review of 13 records? 14 A $500 an hour. 5) Q How much do you charge for deposition? 16 A A single fee of $2,500. 17 Q And if you came bo ;teseiny, ny tial sin 18 Stuart, which is in Martin County, Florida, how much 19 would that be? 20 A That would be a single fee of $5,000 plus a1 expenses. 22 Q How many hours have you incurred, or do 23 you have any invoices of bills that you've sent to 24 Mr. Saelivcls| Orrices 25 A I have sent bills to Mr. Silva's office. ZESQ UIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com ANDREW P. SELWYN, M.D. November 25, 2019 GREER vs MARTIN MEMORIAL MEDICAL CENTER 15 I do not have them on me. Mr. Silva has all of them. I don't know the exact number of hours. I would say it's somewhere in the region of eight hours up to now. MR. SILVA: Yeah. Claas lst Mia Silva. Timejuse cellang: Mien Miteelmaria that wes ll provide him with all the invoices and bills that we received from Dr. Selywn. Q And can you tellme since the last 10 invoice you sent about how many hours you put in, was 11 eight total up to today? 12 A No, the eight is not total. And I've 13 spent at least another five hours looking through 14 various documents, various images, and creating these 15 notes and talking to Mr. Silva. 16 Q Do you have a list of cases that you 17 testified in? 18 A I don't have an up-to-date list, but I 19 have created lists when asked when I give testimony 20 in bederal. counter That was at least three or four 21 years ago, perhaps more tS Ob hed rely, Up co 22 date, Dit ites) @he best I have. 23 7 If I was to ask you to provide that to 24 counsel for Mr. Greer, would you be able to do so? 25 A I am able. Yes. ZESQ UIRE DEPOSITION SOLUTIONS, 800.211.DEPO (3376) EsquireSolutions.com ANDREW P. SELWY