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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION EDWARD PATRICK, Plaintiff, vs. CLEVELAND SCENE PUBLISHING, LLC, et al. Defendants. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:05 CV 2791 JUDGE WELLS MAGISTRATE PERELMAN

MOTION OF DEFENDANTS, CLEVELAND SCENE PUBLISHING, INC. AND THOMAS FRANCIS FOR SUMMARY JUDGMENT

Defendants Cleveland Scene Publishing, LLC and Thomas Francis respectfully move this Court for an Order, pursuant to Rule 56 of the Federal Rules of Civil Procedure, granting them summary judgment and dismissing Plaintiffs Second Amended Complaint, with prejudice, in its entirety. As grounds for this Motion, Defendants submit that there are no genuine issues of material fact in dispute, and that Defendants are entitled to judgment as a matter of law because: 1) Plaintiff cannot meet his burden of proving, by clear and convincing evidence, that the subject article is materially false; 2) Plaintiff is a limited purpose public figure who cannot meet his burden of proving, by clear and convincing evidence, that Defendants published the subject article with actual malice; 3) Plaintiff cannot meet his burden of proving actual injury proximately caused by the subject article, and no other source; and 4) The facts will not support a prima facia case for either false light invasion of privacy, or invasion of privacy by disclosure of private facts.

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All of the above is more fully set forth in the Memorandum of Points and Authorities in Support, and by the affidavits, tables and exhibits attached hereto. Respectfully submitted, /s/ Kenneth A. Zirm Kenneth A. Zirm (0010987) Reem Shalodi (0081779) ULMER & BERNE LLP Skylight Office Tower 1660 W. 2d St., Ste. 1100 Cleveland, Ohio 44113 Tel: (216) 583-7000 Fax: (216) 583-7001 Email: kzirm@ulmer.com rshalodi@ulmer.com Attorneys for Defendants

CERTIFICATE OF SERVICE I hereby certify that on February 4, 2008, the foregoing Motion for Summary Judgment and Memorandum in Support was filed electronically. Notice of this filing will be sent to all parties and parties may access this document through the Courts CM/ECF Docketing system.

/s/ Kenneth A. Zirm Kenneth A. Zirm (0010987) One of the Attorneys for Defendants

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION EDWARD PATRICK, Plaintiff, vs. CLEVELAND SCENE PUBLISHING, LLC, et al. Defendants. ) ) ) ) ) ) ) ) ) ) CASE NO. 1:05 CV 2791 JUDGE WELLS MAGISTRATE PERELMAN

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT

Kenneth A. Zirm (0010987) Reem Shalodi (0081779) ULMER & BERNE LLP Skylight Office Tower 1660 W. 2d St., Ste. 1100 Cleveland, Ohio 44113 Tel: (216) 583-7000 Fax: (216) 583-7001 Email: kzirm@ulmer.com rshalodi@ulmer.com Attorneys for Defendants

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TABLE OF CONTENTS I. STATEMENT OF THE CASE 1 1 3 3 3 4 5 7 7 8 9 10 12 14 15 17 17 17

II. SUMMARY OF ARGUMENT III. STATEMENT OF FACTS A. Plaintiffs Phantom First Residency 1. 2. 3. B. C. D. E. F. G. H. I. Lack of Documentation Regarding The Jewish Hospital Residency Plaintiffs Outside Activities During His Residency Dr. Margolins Refusal To Sign Patricks Residency Certificate

Plaintiffs Misrepresentations Of His Jewish Hospital Residency Plaintiffs Fictional Second Residency Confusion Created By Plaintiffs Misrepresentations Plaintiffs Other Misrepresentations Plaintiffs Prominence And Notoriety Defendants Investigation Into Plaintiffs Medical Training The Article Plaintiffs Alleged Lost Employment Opportunities

IV. LAW AND ARGUMENT A. The Challenged Article Is True 1. 2. B. The First Amendment Requires A Defamation Plaintiff To Prove Material Falsity By Clear And Convincing Evidence

The Record Evidence Establishes That The Gist Or Sting Of The Challenged Article Is Substantially True 19 Plaintiff Has No Evidence That Defendants Published The Article With Actual Malice 21 1. Patrick Is A Public Figure Who Must Prove Actual Malice To Recover For Any Publication Concerning His Emergency Medicine Activities Plaintiffs Burden At Summary Judgment Is To Come Forward With Clear And Convincing Evidence Of Actual Malice

22 24 25 26

2. 3. C.

This Record Does Not Support A Jury Finding That Defendants Acted With Actual Malice Plaintiff Cannot Recover For Invasion Of Privacy As A Matter Of Law No Embarrassing Private Facts Are Revealed In The Challenged

1.

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D.

Plaintiff Cannot Recover for False Light Invasion Of Privacy As A Matter of Law Plaintiff Cannot Establish Any Actual Damages Proximately Caused By The Challenged Articles 1. 2. Plaintiff Cannot Recover Presumed Or Punitive Damages The Record Evidence Precludes A Showing Of Actual Injury

2.

27 29 29 29 30 31

V. CONCLUSION CERTIFICATE OF PAGE LIMIT COMPLIANCE

ii

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TABLE OF AUTHORITIES Cases Anderson v. Liberty Lobby, 477 U.S. 235 (1986) Brite Metal Treating, Inc. v. Schuler, 1993 Ohio App. Lexis 2440 (May 13, 1993) Campbell v. Triad Financial Corp., 2007 U.S. Dist. Lexis 77623 (N.D. Ohio Oct. 9, 2007) Celebrezze v. Dayton Newspapers, Inc., 41 Ohio App. 3d 343 (1988) Cross v. Ledford, 161 Ohio St. 469 (1954) Early v. The Toledo Blade 130 Ohio App. 3d 302 (1998) F&J Enterprises v. C.B.S., Inc. 373 F. Supp. 292 (N.D. Ohio 1974) Falls v. The Sporting News Publishing Co., 17 Med.L.Rptr. 1742 (6th Cir. 1990) Fitzgerald v. Penthouse Intl. Ltd., 691 F.2d 666 (4th Cir. 1982) Frey v. Multimedia, Inc., 23 Media L. Rptr. 1218 (6th Cir. 1994) Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974) Gomba v. McLaughlin, 180 Colo. 232, 504 P. 2d 337 (1972) Hersch v. E.W. Scripps Co., 3 Ohio App. 367 (1981) Housh v. Peth, 165 Ohio. St. 35 (1956) Hustler Magazine, Inc. v. Falwell, 485 U.S. 486 (1988) Jackson v. Playboy Enterprises, 574 F Supp. 10 (S.D. Ohio. 1983) James v. Ganett Co., Inc., 386 N.Y.S.2d 871(N.Y. 1976) Killilea v. Sears Roebuck and Co., 27 Ohio App. 3d 163 (1985) Landsdowne v. Beacon Journal Publishing Co., 32 Ohio St. 3d 176, (1987) Masson v. New Yorker Magazine, Inc., 501 U.S. 496 (1991) Milkovich v. Lorain Journal Company, 497 U.S. (1990) National Medic Services v. E.W. Scripps Co., 61 Ohio App. 3d 752 (1989) iii

18, 24 29 29 29 18, 25 27 24 21 21 17 21, 22, 24, 29 18 18 26 17 27 22 26, 27 18, 25 18, 24 17 18

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New York Times Co. v. Sullivan, 376 U.S. 254 (1964) Painter v. E.W. Scripps Co., 104 Ohio App. 237 (1957) Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986) Reliance Insurance Co. v. Barrons, 422 F. Supp. 1341 (S.D.N.Y. 1977) Reuber v. Food Chemical News, Inc., 925 F.2d 703 (4th Cir. 1991) Riverview Residential Treatment Facilities, Inc. v. WWMT-Channel 3, 16 Med. L. Rptr. 2305 (MI 1989) Robertson v. McCloskey, 666 F. Supp 241(D.D.C. 1987) Saferin v. Malrite Communications Group, Inc., 2000 WL 299454 (Lucas Cty. App. 2000) Schiavone Construction Co. v. Time, Inc. 847 F. 2 d 1069 (3 rd Cir. 1988) St. Amant v. Thompson, 390 U.S. 727 (1968) Steaks Unlimited, Inc. v. Deaner, 623 F. 2 d 264 (3 rd Cir. 1980) Strussion v. Akron Beacon Journal Publishing Co., 30 Med. L. Rptr. 1948 (9th Dist. Ohio 2002) Thomas H. Maloney and Sons v. E.W. Scripps, 43 Ohio App. 2d 105 (1974) Varanese v. Gall, 35 Ohio St. 3d 215 (1988) Welling v. Weinfeld, 130 Ohio St. 3d 464 (2007) Other Authorities Prosser, Law of Torts (4th Ed. 1971) Restatement of the Law 2d Torts, 652(D) Restatement of the Law 2d, Torts, 652(E):

24 19 17 24 22 17 17 19 17, 18 24 17 27 29 24 28 18 26 27

iv

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I.

STATEMENT OF THE CASE Plaintiff filed his original Complaint in Ohio state court on October 27, 2005.

Defendants promptly removed the action to this Court based upon diversity of citizenship. Plaintiff has twice amended his Complaint. The Second Amended Complaint contains two counts of defamation, one count alleging invasion of privacy by disclosure of private facts, and one count for false light invasion of privacy. All of the counts are based upon the cover story from the October 27, 2004 issue of Cleveland Scene, entitled Playing Doctor. Plaintiff alleges, inter alia, that the article falsely implies that he lied on his resume regarding his qualifications, lacks the qualifications to work as an emergency room physician and that his board certification process was fraudulent. (Second Amended Complaint, 9-10). Plaintiff further claims that the article falsely refers to his residency as a phantom residency and wrongly accuses Plaintiff of faking his medical credentials. (Second Amended Complaint, 11-12). Defendants have answered, denying the substantive allegations of Plaintiffs Complaint. Fact discovery is complete and expert reports from journalism and damages experts have been exchanged. II. SUMMARY OF ARGUMENT For over thirty years, Plaintiff has been padding his resume and lying about his medical training and experience. Starting with resumes prepared in the late 1970s, Plaintiff has consistently misrepresented his graduate medical education experience, exaggerated his relationship with Dr. Henry J. Heimlich, and falsely described his experiences. Plaintiffs deception starts with his misrepresentation of his activities in 1974-75, where he describes research activities with Dr. Heimlich that did not occur, and falsely describes his role in developing the Heimlich maneuver.

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The deception continues with false descriptions of his rotating residency at Jewish Hospital (J.H.) as either an emergency medicine or surgical residency and the inaccurate linking of that residency with the University of Cincinnati (U.C). The falsity continues with Patricks claim that he next completed a second, special residency in emergency medicine under the direction and supervision of Dr. Heimlich. In fact, there was no second residency and Dr. Heimlichs involvement in Patricks practice amounted to nothing more than providing references and occasional consultation. Combined with all of the other inconsistencies and inaccuracies found in the papers that document Plaintiffs medical career, any implication arising from the Scene article that Patrick lied on his resume about his medical training is undeniably true. Scene was accurate in questioning Patricks phantom residency. We know that the second, special residency claimed by Patrick is pure fiction, and that the J.H. residency was not affiliated with U.C. The record evidence also establishes that: Patricks fellow residents dont remember him participating as a resident; he was largely unsupervised during the residency; his J.H. file lacks documentation of his activities as a resident; and the physician in charge of the residency program refused to sign Patricks completion certificate because he questioned Patricks level of participation. This is no surprise, since Patrick was administering research grants, overseeing graduate student research, fulfilling faculty duties at Purdue University, conducting independent studies and traveling extensively to attend conferences during the 12 month period of his J.H. residency. Reporter Thomas Francis drew the conclusions that any reasonable person confronted with the same evidence would drawthat Patrick had lied about his medical training and that serious questions existed regarding whether Patrick actually completed the residency programs he claims to have completed. That these implications arise from the article at issue 2

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results not from any failure of Defendants to investigate, but from how Plaintiff has chosen to describe his training and experiences over the course of a long career. III. STATEMENT OF FACTS A. Plaintiffs Phantom First Residency Plaintiff became an assistant professor in electrical engineering on the faculty of Purdue University in 1965 (Dep. Ex. 72, p.3)1 He was awarded his Ph.D. in Electrical

Engineering in 1966, was promoted to associate professor in 1968 and became a full professor in 1974 (Id.). While still on the faculty at Purdue, Plaintiff attended Indiana University Medical School from 1970 to 1974. (Dep. Ex. 72, p. 1) At some point after graduating from medical school, Patrick landed at J.H. to do research involving the use of computers and medicine. Many of Patricks resumes list his activity from 1974-75 as research in emergency medicine with Dr. Heimlich leading to the development of the Heimlich maneuver. (See Dep. Exs. 88-91) Dr. Heimlich refutes this assertion, pointing out that he published his first article about the Heimlich maneuver in 1974, prior to his ever meeting Patrick. (Heimlich Dep., pp. 34-35) Heimlich further states that Patrick did no research relating to the Heimlich maneuver prior to Patricks residency at J.H., and that he does not know what those entries on Patricks resum refer to. (Heimlich Dep., pp. 53-57) 1. Lack of Documentation Regarding The Jewish Hospital Residency

Plaintiffs resumes list a residency/internship at J.H. in Cincinnati from 19751976. (See, e.g. Dep. Exs. 85-90) Yet, Patrick never revealed the residency to Purdue. In June, 1975 Plaintiff sought Purdues permission to consult one day a week at J.H., and stated that such activity would not interfere with his University duties. (Dep. Ex. 80) Later, Plaintiff requested a

All exhibits and deposition transcript excerpts referenced herein are attached. 3

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partial absence from Purdues campus from February 20, 1976 through May 16, 1976 (right in the middle of his claimed residency) to conduct research in Cincinnati, again with no reference to a medical residency. (Dep. Ex. 82) Other contemporary documents are equally silent about a residency. An internal J.H. newsletter from June 12, 1975 announced Dr. Patricks arrival there, stating that he was taking a part-time research position and would continue his responsibilities at Purdue. (Dep. Ex. 55) A September 1, 1975 newspaper article in the Lafayette (IN) Journal-Courier announced Plaintiffs research plans at U.C. and indicated Plaintiff would be spending one day a week there. (Dep. Ex. 113). An internal J.H. memo dated July 7, 1975 discusses remodeling the surgical teaching unit to accommodate Patrick. (Dep. Ex. 56). Another newspaper article, dated October 23, 1975, merely notes that Patrick recently joined the staff of J.H. as Physician in Charge of Clinical Computing. (S.J. Ex. A) Payroll records produced by Purdue show that, while Plaintiffs pay varied during the period of his alleged residency, he was always on Purdues payroll for at least 60% of his regular salary (See Dep. Exs. 79, 82; S.J. Exs. B&C) J.H.s file on Patrick contains an Application for Appointment to House Staff in which Patrick requests that he begin a flexible residency on September 1, 1975 or sooner. (Dep. Ex. 35) A letter dated September 16, 1975 appoints Dr. Patrick as a Flexible Resident I between September 1, 1975 and August 31, 1976. (Dep. Ex. 36). That file also contains an unsigned Residency Agreement, with a Supplement that outlines Plaintiffs proposed monthly rotations during the flexible residency. (Id.) 2. Plaintiffs Outside Activities During His Residency

The Supplement to Plaintiffs Residency Agreement references a 16 hour weekly commitment to activities unrelated to his residency. (Ex. 36) Patrick was also researching 4

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during this period under grants from the National Science Foundation Grant as the principal investigator earning about $8,000 per year, and under a $100,000 Benedum Foundation Grant (Dep. Exs. 85 and 72, p. 5). Patrick frequently traveled during the twelve months of his rotating residency. He lectured at the University of Paris during the week of September 8, 1975, barely one week after the commencement of his residency. That same month he also attended a conference in San Francisco and presented a paper at a conference in Urbana, Illinois. (Dep. Ex. 72, pp. 17-18). In October 1975, Plaintiff participated in a National Red Cross workshop in Washington, D.C. (Dep. Ex. 72, p. 8) In June, 1976, Plaintiff took his 3 day FLEX exam in Indianapolis, attended a workshop at Rutgers University and a National Academy of Sciences conference in Washington, D.C. (Dep. Exs. 93 and 72, pp. 8, 17) All this was in addition to Plaintiffs on-campus duties at Purdue. 3. Dr. Margolins Refusal To Sign Patricks Residency Certificate

Dr. Felix Canestri was one of the chief surgical residents for the 1975-76 term. (Canestri Dep., p. 40). He knew Patrick was an engineer brought to J.H. by Dr. Heimlich to work on a computer project. (Canestri Dep., pp. 32-33) He does not recall Patrick participating in the residency program and never saw him treat patients or go on rounds like other residents. (Canestri Dep., pp. 52, 60-62) Canestri also does not recall Patrick participating in any surgical procedures. (Canestri Dep., pp. 53-54) Canestri does not believe it is possible for a resident to hold a part-time job. (Canestri Dep., p. 24) Dr. Gordon Margolin was the Chief of Internal Medicine at J.H. in the 1970s, and Chairman of the Committee responsible for appointing and overseeing the residents. (Margolin Dep., p. 9) Margolin had to approve all flexible residency applications, and normally

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had supervisory responsibility for flexible residents because they merged with internal medicine. (Margolin Dep., pp. 28-29) Dr. Margolin believes all residents should be full-time, and had serious doubts that Plaintiff could fulfill the requirements of a first year resident because of his other obligations. (Margolin Dep., p. 39) None of the other residents were given other jobs in the hospital. (Margolin Dep., p. 41) The Supplement to Patricks Residency Agreement was

prepared to clarify that Patrick was expected to participate fully as a first year resident and that Dr. Heimlich would be responsible for Patrick, not Dr. Margolin. (Margolin Dep., p. 44) Heimlich, however, only supervised Patrick for the months Patrick rotated through surgery. (Dep. Ex.41; Heimlich Dep., pp. 149-152) Margolins concerns came to pass. I will say in front of Dr. Patrick that I am sure all of his peers did not feel that he was carrying his full load. (Margolin Dep., p. 44) Dr. Margolin has no personal recollection of Patrick treating patients. (Margolin Dep., p. 52) He described Patricks presence at J.H. during his residency year as evanescent, stating that Patrick did not appear to participate in the full manner that a full time intern should have done it. (Margolin Dep., p. 44) Thus, Margolin, who normally signed the residency completion

certificates on behalf of the hospital, refused to do so for Patrick. (Margolin Dep., p. 46) There are no J.H. documents reflecting Patricks actual participation in the residency program. Patricks file lacks actual rotations or evaluations.2 J.H. did, however, produce a certificate of completion for Patrick signed by Dr. Heimlich. (Dep. Ex. 37)

A former J.H. official, Michael Bowen, whose job it was to verify Dr. Patricks residency at J.H., indicated that he relied primarily on payroll information to verify Patricks residency. (Bowen Dep. p. 54). 6

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B.

Plaintiffs Misrepresentations Of His Jewish Hospital Residency Plaintiff has prepared dozens of resumes and applications for state medical

licenses and hospital staff privileges in the thirty years since his J.H. residency. His descriptions of that experience are false, inconsistent and confusing. The two most prevalent falsehoods in those documents are Patricks claims that his J.H. residency was in emergency medicine, or designed for emergency medicine, and also that it was affiliated with U.C. (See Dep. Exs. 52, 88-91, 101) J.H., of course, did not offer an emergency medicine residency. (Bowen Dep., p.183; Margolin Dep., p. 60). Neither Margolin nor Heimlich knew, at the time Patricks residency was approved, that he had an interest in emergency medicine, and deny that the residency was designed for emergency medicine. (Heimlich Dep., p. 136, 180; Margolin Dep., pp. 38, 62) U.C. had no role in Patricks residency. (Margolin Dep., pp. 53, 57-59; Bowen Dep., pp. 130-131), and U.C. has indicated it has no record of Plaintiffs participation in a residency program at that institution. (S.J. Ex. D) Other documents prepared by Patrick list incorrect years for his residency at J. H. (See Dep. Exs. 97, 98), or list dual specialties like emergency medicine and surgery (Dep. Ex. 98), or Medicine and Surgery (Dep. Ex. 72). Table 1, attached, illustrates Plaintiffs numerous misrepresentations regarding his J.H. residency. C. Plaintiffs Fictional Second Residency Patrick claims to have completed a second residency program after his one year flexible residency at J.H. Typical of his descriptions of this second residency is the one found on Plaintiffs September, 1989 resume: Special residency in Emergency medicine under directorship of Henry J. Heimlich, M.D., 1976-1978. (Dep. Ex. 52; see also Dep. Exs. 88, 89)

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Another resume produced by Plaintiff adds a year to the length of this special residency and describes it as follows: 1976-1979 Specially arranged residency training in Emergency Medicine supervised by Dr. Henry J. Heimlich aimed at Board Certification in Emergency Medicine through combined formal residency training and practice route. (Dep. Ex. 53; see also Dep. Exs. 90, 91) Other resumes describe his second residency as having been in surgery at U.C. (Dep. Ex. 98), as having occurred at Deaconess Hospital and J.H. (Dep. Ex. 102, p. 4; Dep. Ex. 107, p. 2), or even The Heimlich Institute. (S.J. Ex. Y) Dr. Heimlich denies directing, supervising or even having knowledge of this second residency. He is unaware of any residency program Patrick participated in outside of J.H. (Heimlich Dep., pp. 118, 127-128) His only involvement in Patricks practice during this time was to write letters of reference. (Heimlich Dep., p. 119) D. Confusion Created By Plaintiffs Misrepresentations

Plaintiffs false and inconsistent resumes and applications have created confusion among potential employers. Hospitals and staffing agencies that were considering employing Dr. Patrick have repeatedly asked J.H. to verify something other than Plaintiffs completion of a one year rotating residency in 1975-1976: Seven prospective employers asked J.H. to verify an emergency medicine residency. (Dep. Ex. 18, p. 2; Dep. Ex. 19, p. 2; Dep. Ex. 20, p. 2; Dep. Ex. 23, p. 2; Dep. Ex. 24, p. 2; Dep. Ex. 28, p. 3; Dep. Ex. 30) Two employers sought verification of some sort of surgical residency (Dep. Ex. 12, p. 2; Dep. Ex. 129) Numerous employers sought verification of a residency lasting longer than one year (Dep. Exs. 9, 14, 15, 18, 19, 28, 129)3

Table 2, attached, illustrates the various verification requests submitted by prospective employers for Patrick. 8

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J.H. consistently pointed out that our records do not indicate that Dr. Patrick served an emergency medicine residency while here. (Dep. Exs. 5, 7, 14, 18-20, 23) It is no wonder that Plaintiffs AMA profile and board certification listing erroneously list residencies at Deaconess Hospital and U.C., respectively. (Dep. Exs. UU, RR). E. Plaintiffs Other Misrepresentations Plaintiff boasts on numerous documents that he [e]stablished family practice residency program and [a]ssisted [the] start-up Emergency Department at St. Lukes Hospital in Cleveland (Dep. Exs. 90, 91). One resume adds that he was a teacher in emergency medicine at St. Lukes/Case Western Reserve University during that time period (Dep. Ex. 92), while another resume claims he established the center for emergency medicine at St. Lukes. (Dep. Ex. 89) Plaintiffs employment offer letter from St. Lukes, however, is signed by the Director of the Family Practice Residency Program and merely offers him a position with the already existing program. There is no mention of the emergency department, and the letter specifically states that he has to pursue an appointment with CWRU on his own. (Dep. Ex. 99) Patrick has also claimed that he was a full professor at Indiana University Medical Center, sometimes until 1980. (Dep. Exs. 92, p. 2; 100). Indiana University records clearly state that Patricks position was associate professor, was voluntary and unpaid, and was terminated on 09/30/76. (Dep. Ex. 73, pp. 1, 2, 4, 5, 8) Even more troubling is Patricks sworn deposition testimony stating that he passed his emergency medicine boards on his first attempt. (See Dep. Ex. 00, p.6). In fact, Plaintiff failed both parts of his boards on his first attempt. (Dep. Ex. 111, pp. 5, 8)4

Plaintiff also testified at that deposition that he did an emergency medicine residency. (Dep. Ex. 00, p. 5). 9

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Patrick has also used false birth dates. Patrick was born on October 7, 1937. (Dep. Ex. 72) When applying for medical licenses in Kentucky, West Virginia and Alabama, however, Patrick submitted a birth date of October 7, 1947. (See Dep. Exs. 101-104, 107) That birth date also appears on the copy of his passport on file with the West Virginia State Medical Board, and on his application to take his emergency medicine boards (Dep. Exs. 106, 108, p. 2) Table 2, attached, illustrates other birth dates used by Patrick as well. F. Plaintiffs Prominence And Notoriety

Plaintiffs rare combination of an M.D. and a Ph.D. in Engineering has made him a leading expert in the field of statistical pattern recognition and its application to medical diagnosis. A 1978 Press Release called Patrick the foremost authority on computerization in

medicine. (Dep. Ex. 50, p. 3) Plaintiff has published 5 books, authored over 70 book contributions, journal articles, notes and abstracts, presented at 56 conferences, given 20 invited lectures and has published 6 reviews and 33 technical reports. (See Dep. Exs. 72, 89; S.J. Ex. E) Plaintiffs arrival in Cincinnati to conduct research and work with Dr. Heimlich and Neil Armstrong garnered much publicity. In addition to the J.H. Newsletter, his association with Heimlich and Armstrong was mentioned in The American Israelite on November 23, 1975, The Lafayette (IN) Journal Courier on September 1, 1975, The Cincinnati Enquirer on November 12, 1976 and The Greek in 1977. It was further touted in a 1978 Xavier University press release. (See Dep. Exs. 50, 113 and S.J. Exs. A, F, & G). Plaintiff played a prominent public role in promoting the Heimlich maneuver. His article in the Journal Emergency in 1981 regarding his use of the maneuver to save a young drowning victim in Lima, Ohio, (Dep. Ex. 115) became very controversial. He was also quoted in a Lima newspaper about the case. (Dep. Ex. 114) He appeared on the national television 10

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program, Good Morning America, to promote the Heimlich maneuver and accompanied Dr. Heimlich to other talk shows. (Patrick Dep., pp. 320-321) He developed what he called the Patrick Energy Model, to explain how the Heimlich maneuver worked, and co-authored two articles with Dr. Heimlich promoting the maneuver, one regarding choking in 1990, and the other regarding drowning in 1988. (S.J. Exs. I, J) Joint photos of Patrick and Heimlich appeared in the Saturday Evening Post (S.J. Ex. H), and they made presentations together regarding the maneuver a number of times. (Heimlich Dep., p. 156; Patrick Dep., pp. 314-316). Patrick described his research in a letter to Surgeon General Koop in August 1985, where he urged that only the Heimlich maneuver should be used on choking victims (S.J. Ex. K). When Dr. Koop endorsed the maneuver over backslaps for choking, U.C.s publicity office made sure to get the word out about Patricks role in Koops decision. (Dep. Ex. 116) A Washington Post article at the time noted Patricks role in Dr. Koops decision. (S.J. Ex. L) Dr. Koop even sent Dr. Patrick a letter of thanks. (S.J. Ex. M) Heimlich and Patrick made a number of joint appearances after Koops announcement. (Patrick Dep., p. 313) Patrick was quoted in a 1985 Wall Street Journal article regarding the growing use of computers in hospitals and medical labs. (Dep. Ex. 117) A 1986 press release announced the publication of Patricks new book, describing him and his co-author as two well-known experts in the field of knowledge based structures. (Dep. Ex. 119) Patrick described himself as a pioneer in the field of statistical pattern recognition and pointed out that he authored the first textbook on the subject. (Patrick Dep., p.318) He is well known and in demand. When asked, at a 1999 deposition in another case, why he had been given financial assistance to attend medical school, Patrick stated [i]t was because of my accomplishments and who I was. I was pretty well-known in terms of my accomplishments. I was in great demand. (S.J. Ex. N, pp. 17-18)

11

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Then, when asked why he became licensed in so many states, Patrick said: My services are in demand I have a strong reputation in emergency medicine (Id., p. 25) Scene reporter Tom Francis was not the first journalist to examine Patricks involvement with the Heimlich maneuver. In May, 2003, a reporter from the Cincinnati

Enquirer visited Patricks home to ask Patrick why he had not gotten proper credit for his role in the development of the maneuver. In response, Patrick issued a press release which states that, I have always viewed that Dr. Heimlich and I worked together to develop what has become known as the Heimlich maneuver just as the Wright Brothers worked together to develop the first flying machine. (See Dep. Ex. 54)5 Plaintiff was quoted in an article published in the March-April 2004 issue of the Cornell Alumni Magazine about the controversies surrounding Dr. Heimlich: There are some indications, too, that the name given to the doctors famous maneuver ignores the contributions of one of Heimlichs colleagues. I always looked at Dr. Heimlich and me as the Wright Brothers, says emergency physician Dr. Edward Patrick, who was a Purdue University electrical engineering professor and medical student when he collaborated with Heimlich in the 1970s. We worked on this process together, and we jointly developed what would be called the Heimlich maneuver. (S.J. Ex. O) 6 That article also describes how Plaintiff performed outcome analysis that he says verified the danger of backslaps, and promoted the maneuver on talk shows in the 1970s. (Id.) G. Defendants Investigation Into Plaintiffs Medical Training

Defendant Francis first learned of Plaintiff while investigating a story about Dr. Heimlich and the Heimlich maneuver for an article published in the August 11, 2004 edition of Cleveland Scene entitled Heimlichs Maneuver. That article reported on Heimlichs

Patricks press release also references his appearances on talk shows with Dr. Heimlich, and touts his role in persuading Dr. Koop to endorse the maneuver. (Dep. Ex. 54). 6 Dr. Heimlichs published response explains that he didnt meet Patrick until after publishing his first article about the maneuver. (S.J. Ex. P) 12

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controversial efforts to have the Heimlich maneuver adopted as the first response for drowning victims, and the questions raised regarding Dr. Patricks report of the Lima case. During the course of that investigation Francis learned about Plaintiffs collaboration with Heimlich to promote the Heimlich maneuver. (Francis Aff., 5) Francis interviewed Patrick for that story, asking him about the Lima case and about his role in developing the Heimlich maneuver. Patrick told Francis that he played an integral role in the development of the maneuver, and that his research is what convinced Dr. Koop to endorse the maneuver. Patrick told Francis that it would be accurate to refer to the maneuver as the Patrick-Heimlich maneuver, and provided Francis with a copy of his May 2003 press release comparing him and Heimlich to the Wright Brothers. (Francis Aff., 12) Francis initial source for the Heimlichs Maneuver story was Peter Heimlich, son of Dr. Henry Heimlich. Peter had done a tremendous amount of research into his fathers career, and the background of Edward Patrick. Peter Heimlich told Francis that Patricks claims

regarding his medical training were inconsistent and supplied Francis with examples of resumes and license applications that supported this claim. After publication of the Heimlichs Maneuver article, Francis decided to pursue these issues because of Patricks relationship with Heimlich and his prominent role in the Heimlich maneuver controversy. (Francis Aff., 9, 13-14) Francis reviewed hundreds of documents and interviewed over a dozen people regarding Patricks medical training and background. (The documents reviewed by Francis are chronicled at 16 of his affidavit.) Francis investigation revealed that Patrick described his residency programs in many different ways, using different dates. Although Patrick received a residency certificate from J.H., a number of Patricks fellow residents did not remember him participating in the residency program. Dr. Margolin told Francis that Patrick was being

supervised by Dr. Heimlich, yet Dr. Heimlich told Francis that he only supervised Patrick during 13

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the months he rotated through surgery.

Dr. Canestri told him that he never saw Patrick in

surgery and was certain that Patrick was not a resident. Two other J.H. physicians from that time (Matern and Saeks) told Francis the same thing, as did a graduate engineering student who worked with Patrick at J.H. in 1975-76. (Francis Aff., 15-21, 31-32) Francis investigation also revealed that there was no affiliation between the J.H. residency program and U.C., and that J.H. did not have an emergency medicine residency. Francis further learned that J.H. had repeatedly refused to verify Patricks participation in an emergency medicine residency, and that Patricks residency file did not contain documentation of his residency activities. In addition, Dr. Heimlich told Francis he had no knowledge of the special emergency medicine residency Patrick claims to have completed under Dr. Heimlichs supervision. (Francis Aff., 20-29). Francis reviewed Purdues employment records, documents from Indiana University refuting Patricks claim of full professorship, and documents where Patrick used a false birth date. He also interviewed a St. Lukes Hospital spokesperson who refuted Patricks claim that he started the family practice residency program there. (Francis Aff., 16, 34) H. The Article Playing Doctor was the 2700 word cover story for the October 27, 2004 issue of Cleveland Scene. (Dep. Ex. 38). The article describes how residents at J.H. during the year of Patricks claimed residency recall his presence in the hospital, not as a resident, but as a computer researcher associated with Dr. Heimlich. Drs. Canestri and Matern are quoted, and the Purdue employment records and September 1, 1975 Lafayette Journal Courier article are cited. The article then examines other misrepresentations made by Patrick, including the full professorship at Indiana University; the special emergency medicine residency under Dr.

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Heimlich; his AMA profile and board certification listings; and his claim that he started the family practice residency program at St. Lukes. Next, the article notes the large number of emergency rooms Patrick has practiced in over the years, the various states where he is licensed and his use of a false birth date. The article quoted Dr. Margolin about his uncertainty about how long Patrick was at J.H. and what Patrick did there. Michael Bowen is quoted regarding the large number of verification requests J.H. received about Patrick, the lack of documentation in Patricks file about his residency activities, and the hospitals failure to investigate why so many institutions were requesting verification of an emergency medicine residency. Finally, the article discussed Patricks claim that he co-developed the Heimlich maneuver; recaps the drowning/Lima case controversy; quoted Peter Heimlich about the complaint he filed with the Ohio State Medical Board about Patrick; and discussed the potential consequences if Patricks claimed residency was not legitimate. I. Plaintiffs Alleged Lost Employment Opportunities In the summer of 2004, Plaintiff was working at two hospitals in Cape Fear, N.C., having been placed there by Linde Health Care. (Patrick Dep., pp. 405-406). The Linde contract ended on October 1, 2004, more than three weeks before Playing Doctor was published. Patricks hours at Cape Fear remained constant through the end of that contract, and he voluntarily decided not to pursue an affiliation with the physicians group that was taking over those contracts. (Patrick Dep. pp. 484-487) After that, Patrick spent time in Cincinnati gathering information to rebut some of the allegations set forth in the Heimlichs Maneuver article. (Patrick Dep. pp. 408, 482-483) Then, in early 2005, he was placed at Cumberland County Hospital (KY) by NES. The CEO of that hospital received a packet of negative information regarding Patrick in March, 2005, 15

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including an unsigned letter raising concerns about Patricks medical residency and credentials and alleging his participation in a medical fraud which led to a significant loss of life. The packet included not only the Playing Doctor article but also the Drowning in Lies and Bogus Credentials postings from Peter Heimlichs website, as well as other primary source documents. (S.J. Ex. Q) The hospital CEO, however, met with Patrick and assured him that his relationship with the hospital was secure. (Patrick Dep., p. 387) Patrick continued to work at the

Cumberland County Hospital through August of 2006. At that time, the hospitals new CEO conducted an investigation into complaints by the medical staff about Patrick which resulted in numerous negative findings regarding Patricks work performance. Thus, the hospital CEO informed NES that the entire medical staff agreed Patrick should be removed from the emergency department. (S.J. Ex. R)7 In July, 2005, Patrick was placed at Scott Memorial Hospital (Indiana) through Sterling Healthcare. On September 14, 2005, the hospital received a packet of critical material regarding Patrick from an unknown sender including more than twenty-five pages from Peter Heimlichs website, and the Playing Doctor article. (S.J. Ex. U) Receipt of this packet caused the CEO of Scott Memorial, Clifford Nay, to investigate. Mr. Nay learned that Patricks residency was not actually in emergency medicine as indicated on Patricks medical staff application and that Patrick did not get along well with staff or patients at the hospital. (S.J. Ex. V) An incident report attached to Mr. Nays memo raised a serious question regarding Patricks failure to wash his hands between patients. (S.J. Ex. W)

NES risk manager had recommended that Patricks contract be canceled in the spring of 2006 because of her discovery that Patrick used conflicting birth dates: Minimally, this physician has lied on hospital and license applications regarding his DOB. This alone is grounds for cancelling his contract. (S. J. Ex. S). 16

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Interim Physicians received a similar packet of critical materials, but has continued to place Patrick at facilities. (Patrick Dep., pp. 444-445; Dep. Exs. 148, 150) Patrick also obtained locum tenens work from Medical Doctors Associates, Team Health and TIVA Health Care through 2007. (Patrick Dep., pp. 500-501, 508, 515; Dep. Exs. 141, p. 3; 148) IV. LAW AND ARGUMENT A. The Challenged Article Is True 1. The First Amendment Requires A Defamation Plaintiff To Prove Material Falsity By Clear And Convincing Evidence

The threshold element which any libel plaintiff must prove is the publication of a defamatory statement that is false. The United States Supreme Court has made it clear that, in actions seeking damages against media defendants for speech which is of public concern, the First Amendment requires the plaintiff to bear the burden of proving the falsity of the publication. Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767 (1986). Consequently, any allegedly defamatory statements are presumed to be true unless proven false by the plaintiff. Id. at 775-76; see also Hustler Magazine, Inc. v. Falwell, 485 U.S. 486, 52 (1988). As stated in Milkovich v. Lorain Journal Company, 497 U.S. 1, 19-20 (1990): Foremost, we think Hepps stands for the proposition that a statement on matters of public concern must be provable as false before there can be liability under state defamation law, at least in situations, like the present, where a media defendant is involved. Additionally, the libel plaintiff must prove the element of falsity by clear and convincing evidence. See Frey v. Multimedia, Inc., 23 Media L. Rptr. 1218 (6th Cir. 1994) (attached), Robertson v. McCloskey, 666 F. Supp 241(D.D.C. 1987); Schiavone Construction Co. v. Time, Inc., 847 F. 2 d 1069 (3 rd Cir. 1988); Riverview Residential Treatment Facilities, Inc. v. WWMT-Channel 3, 16 Med. L. Rptr. 2305 (MI 1989) (attached); Steaks Unlimited, Inc. v. Deaner, 623 F. 2 d 264 (3 rd Cir. 1980).

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Clear and convincing evidence is that measure or degree of proof which is more than a mere preponderance of evidence, but not to the extent of such certainty as is required beyond a reasonable doubt in criminal cases, and which will produce in the mind of the trier of fact a firm belief or conviction as to the facts sought to be established. Landsdowne v. Beacon Journal Publishing Co., 32 Ohio St. 3d 176, 180-81 (1987), quoting Cross v. Ledford, 161 Ohio St. 469, Syllabus 3 (1954). This means that the trial court must grant summary judgment unless the record evidence supports a reasonable jury reaching a firm belief or conviction that the plaintiff has demonstrated the falsity of the challenged article: The determination of whether a given factual dispute requires submission to a jury must be guided by the substantive evidentiary standards that apply to the case. This is true both at the directed verdict and summary judgment stages. Anderson v. Liberty Lobby, 477 U.S. 235, 242 (1986). To defeat this Motion for Summary Judgment, therefore, Plaintiff must point to specific evidence which proves the falsity of the defamatory statement so conclusively that, as a matter of law, no genuine question of material fact exists as to the reports falsity. Schiavone Construction Co., 847 F. 2d at 1083. Finally, the libel plaintiff must show that there is a substantial difference in some material respect between the complained of language and the truth. See Gomba v. McLaughlin, 180 Colo. 232, 504 P. 2d 337 (1972) (attached). The statement need not be literally true in every detail. So long as the gist or sting of the contested statement is true, the statement cannot be regarded as false. Masson v. New Yorker Magazine, Inc., 501 U.S. 496, 517 (1991). It is sufficient to show that the imputation is substantially true, or as it is often put, to justify the gist, the sting or the substantial truth of the defamation. National Medic Services v. E.W. Scripps Co., 61 Ohio App. 3d 752, 755, (1989), quoting Prosser, Law of Torts pp. 798-99, (4th Ed. 1971); see also Hersch v. E.W. Scripps Co., 3 Ohio App. 367 (1981). The issue is not 18

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whether the report was accurate, but whether it was substantially true. Saferin v. Malrite Communications Group, Inc., 2000 WL 299454 at *3 (Lucas Cty. App. 2000) (attached). To determine the gist or sting of an article, isolated segments cannot be taken out of context, but the article must be viewed as a whole. Painter v. E.W. Scripps Co., 104 Ohio App. 237 (1957). 2. The Record Evidence Establishes That The Gist Or Sting Of The Challenged Article Is Substantially True

Read in its entirety, the gist or sting of the article at issue can be stated as follows: Patrick has misrepresented his medical training on numerous resumes and applications, and serious questions have been raised as to what, if any, residency programs he has completed and whether he has the proper training as an emergency medicine physician. That the gist or sting of Playing Doctor is substantially true is amply demonstrated by the record evidence. There can be little doubt that Patrick has lied about his medical training: Numerous resumes claim Patrick did research in emergency medicine leading to the development of the Heimlich Maneuver in 1974-75, yet Dr. Heimlich denies Patrick engaged in such research until after his one year residency, and has consistently stated that he did not even meet Plaintiff until after he developed and published an article about the maneuver. Patrick often described his residency at J.H. as either in emergency medicine or designed for emergency medicine. However, J.H. did not have an emergency medicine residency, and neither Dr. Heimlich or Dr. Margolin knew that Plaintiff was interested in emergency medicine and deny that the rotating residency was so designed. On other occasions, Patrick falsely described his J.H. residency as a surgical residency, or as a surgery and medicine residency. Patrick often claimed that his one year residency was affiliated with the University of Cincinnati, when it was not. Patrick variously used 1974-1976, 1975-1977, or 1975-1976 as the time period for his J.H. residency. Patrick consistently listed a second specially arranged residency in emergency medicine supervised by Dr. Heimlich from 1976 to 1979/1980 19

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when, in fact, no such residency existed. Patrick merely worked in various emergency rooms at that time with no supervision from Dr. Heimlich. Patrick claimed to have been a full professor at Indiana University Medical Center, sometimes until 1980, when in fact he was a volunteer associate professor without pay until only September 30, 1976. Patrick used false birthdates on at least three state medical license applications, as well as his ABEM application. Patrick falsely testified at a deposition that he passed his emergency medicine boards on his first attempt.

It was also substantially true for the article to raise questions regarding Patricks residency experiences, and whether he has the proper training for an emergency room physician: Except for his four months rotation in surgery, Patricks J.H. residency was unsupervised. Both Drs. Margolin and Heimlich disavow overall supervisory responsibility for Patricks rotating residency. J.H.s file on Patrick contains no records documenting his residency activities. A chief surgical resident has no recollection of Patrick participating in surgery or any other aspect of the residency program. At least three other physicians at J.H. during the time of his residency were unaware of Patricks participation as a resident. A research student working at J.H. in 1975-76 under Patrick recalls that Patrick was only doing research at that time. Patrick had a sixteen hour weekly commitment to other activities at J.H. during his rotating residency. Patrick took at least three separate trips away from Cincinnati in the first month of his residency, including a trip to Paris, to attend different conferences. He then traveled to a conference in Washington, D.C. in October, 1975. Patrick took the three day FLEX licensing exam in June, 1976 and also traveled to two other conferences during that month. Plaintiff was working under an $80,000.00 NSF Grant and a $100,000 Benedum Foundation Grant during his rotating residency. 20

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Newspaper and newsletter articles from that time period focused on Patricks research activities in Cincinnati and were silent about a residency. Patrick had on-campus obligations at Purdue, whose records reflect only a part-time absence from campus for research, with no reference to a residency. Dr. Margolin refused to sign off on a residency completion certificate for Plaintiff because of his doubts that Patrick fulfilled the obligations of a first year resident. Patricks claimed special residency in emergency medicine is pure fiction.

Given the evidence, it was not false to use the word phantom to characterize Plaintiffs alleged emergency medicine residency and to call into question a key component of Patricks training as a physician. B. Plaintiff Has No Evidence That Defendants Published The Article With Actual Malice The United States Supreme Court has identified two reasons for applying the constitutional actual malice standard to public figures.8 First, unlike private figures, public figures enjoy access to media to rebut false and defamatory charges. Second, public figures have voluntarily exposed themselves to increased risk of injury from defamatory falsehood concerning them. Gertz v. Robert Welch, Inc., 418 U.S. 323, 334-45 (1974). The Gertz Court described both the all purpose public figure, who is so prominent that he is a public figure in all contexts, and the limited purpose public figure, who is a public figure only for particular purposes and contexts. Gertz, 418 U.S. at 345. The key in each

instance is the plaintiffs purposeful conduct in exposing himself to a risk of criticism:

Whether a plaintiff is a public figure is a question of law to be decided by the court. Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974); Fitzgerald v. Penthouse Intl. Ltd., 691 F.2d 666, 669 (4th Cir. 1982), cert. denied 460 U.S. 1024 (1983); Falls v. The Sporting News Publishing Co., 17 Med.L.Rptr. 1742 (6th Cir. 1990). 21

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Even if the foregoing generalities do not obtain in every instance, the communications media are entitled to act on the assumption that public officials and public figures have voluntarily exposed themselves to increased risk of injury from defamatory falsehood concerning them. Id. Thus, a plaintiff can qualify as a public figure by taking an affirmative step to attract public attention. James v. Ganett Co., Inc., 386 N.Y.S.2d 871, 876 (N.Y. 1976)

(attached); see Gertz, 418 U.S. at 352 (public figure status depends on the nature and extent of the purposeful conduct of the plaintiff in exposing himself to publicity). Moreover, public figure status does not depend upon the plaintiffs notoriety among the general public. Many public figures invite publicity only with respect to a narrow area of interest. James, 386 N.Y.S.2d at 877. Public figures status attaches where the plaintiff has sought the attention of a particular audience. Reuber v. Food Chemical News, Inc., 925 F.2d 703, 709 (4th Cir. 1991) 1. Patrick Is A Public Figure Who Must Prove Actual Malice To Recover For Any Publication Concerning His Emergency Medicine Activities

Plaintiff cannot genuinely dispute that he is a limited purpose public figure within, at least, the emergency medicine community. He achieved that status not simply by virtue of his unique MD/Ph.D training, but also by deliberately seeking and receiving publicity voluntarily injecting himself into the controversy surrounding the Heimlich maneuver and having access to the media. A nationally recognized expert in statistical pattern recognition and medical diagnosis, Patrick has been a prolific author and speaker. His expertise in computerization in medicine has been cited in press releases and news articles in both the local and national press. A self-described pioneer in the field, he authored the first textbook on the subject. Patrick is not shy about highlighting his own accomplishments. He voluntarily associated himself with two nationally known figures, Dr. Heimlich and Neil Armstrong, and 22

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received extensive publicity as a result of that association. Heimlichs name is prominently featured in Patricks resumes, and Patrick even describes himself as well-known and in demand within the emergency medicine community. Perhaps most notoriously, Patrick actively promoted the Heimlich maneuver, alongside Dr. Heimlich, through jointly authored articles, conference and media appearances, including an appearance on Good Morning America. His own press release notes the many articles written about him and Dr. Heimlich and touts Patricks talk show appearances, and his work to achieve General Koops endorsement of the maneuver. Indeed, Surgeon General Koop recognized Dr. Patricks key role, as did the Washington Post. The Heimlich maneuver has remained controversial. In fact, a posting on Patricks website acknowledges the continued public interest in his 1981 article about the Lima case. (S.J. Ex. Z). In short, Patrick thrust himself into the center of the controversy revolving around the Heimlich maneuver, and Patrick cannot now deny that he deliberately sought and received publicity for his work and achievements. Patrick also has had access to the media. Patricks affiliation with Neil He has been

Armstrong and Dr. Heimlich was widely reported in local and national media.

quoted in the Wall Street Journal, and numerous local newspapers. While affiliated with U.C. he gave consent to their efforts to publicize his role in Koops endorsement of the maneuver. His own press release notes that he was sought out by the media in 2003, and illustrates how he willingly entered the fray by issuing a press release and claiming credit for developing the maneuver. Patrick, in fact, hired a public relations firm and launched a website to post press releases, articles and other information about his accomplishments, all prior to the publication of Playing Doctor. (Patrick Dep., pp. 347-348, 353-356). Patrick clearly qualifies as a limited purpose public figure. 23

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2.

Plaintiffs Burden At Summary Judgment Is To Come Forward With Clear And Convincing Evidence Of Actual Malice

The United States Constitution bars recovery by a public figure libel plaintiff unless he proves actual malice by clear and convincing evidence. Masson v. New Yorker Magazine, 501 U.S. at 509-510. Actual malice is a constitutional term of art, which has a specific meaning in defamation cases. It has been defined by the United States Supreme Court as the publication of defamatory matter with knowledge of its falsity or reckless disregard of its truth or falsity. See New York Times Co. v. Sullivan, 376 U.S. 254, 279-280 (1964); Gertz, 418 U.S. at 328. Actual malice denotes deliberate or reckless falsification. Masson v. New Yorker Magazine, Inc., 501 U.S. at 510-511. The actual malice inquiry focuses not on the defendants feelings or attitudes toward the plaintiff, but only on the defendants attitude toward the truth. Varanese v. Gall, 35 Ohio St. 3d 215 (1988). Reckless disregard also has a specific meaning in the First Amendment context. A defendant acts with reckless disregard for the truth only if he strongly suspects that his report is false when he publishes it. St. Amant v. Thompson, 390 U.S. 727, 731-732 (1968); see also Reliance Insurance Co. v. Barrons, 422 F. Supp. 1341, 1349 (S.D.N.Y. 1977); Varanese v. Gall, 35 Ohio St. 3d 215. The test is not whether a defendant would have or should have known, but rather whether a defendant did in fact have knowledge of falsity or entertain serious doubts and did in fact make a statement with calculated falsehood. F&J Enterprises v. C.B.S., Inc., 373 F. Supp. 292, 299 (N.D. Ohio 1974) (emphasis in original). As stated in Anderson v. Liberty Lobby, Inc., a motion for summary judgment cannot be defeated by presenting evidence that is of insufficient caliber or quantity to allow a rational finder of fact to find actual malice by clear and convincing evidence. 477 U.S. at 254. The production of some evidence is not enough: 24

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[Judges are not] required to submit a question to a jury merely because some evidence has been introduced by the party having the burden of proof, unless the evidence be of such character that it would warrant the jury in finding a verdict in favor of that party. (citation omitted) [W]e are convinced that the inquiry involved in a ruling on a motion for summary judgment necessarily implicates the substantive evidentiary standard of proof that would apply at trial on the merits. Id. at 251, 252. Thus, Plaintiff can overcome this summary judgment motion only by producing sufficient evidence to allow a jury to find actual malice without hesitancy and beyond a serious or substantial doubt. See Landsdowne v. Beacon Journal, 32 Ohio St.3d at 180-181; Cross v. Ledford, 161 Ohio St. at 477. 3. This Record Does Not Support A Jury Finding That Defendants Acted With Actual Malice

Defendant Francis conducted an extensive investigation into Patricks medical training and background. The sources he interviewed provided first hand knowledge upon which Francis relied for the article. For instance, Drs. Heimlich, Margolin, Canestri, Matern, Saeks and Flores all worked at J.H. during the period of Plaintiffs claimed residency. So did Mr.

Uthurusamy, who was doing graduate engineering research under Patricks supervision. Michael Bowen was the person most familiar with Plaintiffs residency file. Peter Heimlich and Thomas Dilling were the persons most familiar with the complaint filed against Patrick by Peter Heimlich with the Ohio State Medical Board. Francis also interviewed experts for background information regarding graduate medical education and board certification. None of these sources had any known reasons to lie about their experiences with, or memories of, Patrick. Many of them corroborated each other, especially Matern, Saeks, Canestri, Flores and Uthurusamy who had no recollection of Patrick participating as a resident at J.H. Margolin said that Patrick participated, but had serious doubts about the extent of his participation and disclaimed any supervisory responsibility. 25 Dr. Heimlich claimed limited

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supervisory responsibility for Patricks first year residency, and expressly disclaimed any knowledge of Patricks claimed second residency. Francis also relied on unbiased primary source documents. Patricks resumes and applications were internally inconsistent and confirmed the numerous outside obligations he had during his residency year. These documents were consistent with Purdues records, the sources who could not remember Patrick as a resident and with the lack of documentation in his residency file. Francis attempted to interview Patrick, but Patrick refused. Thus, the record establishes a thorough investigation in which Francis interviewed numerous persons with firsthand knowledge and reviewed numerous primary source documents in his effort to verify and understand Patricks residency experience. Based on the information he gleaned from these sources, Francis had no reason to doubt the truth of the article. There is no record evidence from which a reasonable jury could conclude that Francis either knew, or strongly suspected that anything in the article was false in any material way. C. Plaintiff Cannot Recover For Invasion Of Privacy As A Matter Of Law 1. No Embarrassing Private Facts Are Revealed In The Challenged Article

Count Two of Plaintiffs Second Amended Complaint attempts to set forth a claim for invasion of privacy by publication of private facts. This cause of action was first recognized by the Ohio Supreme Court in Housh v. Peth, 165 Ohio. St. 35 (1956), and is defined by the Restatement of the Law 2d, Torts, 652(D): One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy if the matter publicized is of a kind that: (a) (b) Would be highly offensive to a reasonable person; and Is not of legitimate concern to the public.

See Killilea v. Sears Robuck and Co., 27 Ohio App. 3d 163, 166 (1985). 26

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One of the prima facia elements for this claim is that the facts disclosed must concern the private life of an individual, not his public life. Strussion v. Akron Beacon Journal Publishing Co., 30 Med. L. Rptr. 1948, 1952 (9th Dist. Ohio 2002) (attached), citing Killilea, 27 Ohio App. 3d at 166-167, and Early v. The Toledo Blade, 130 Ohio App. 3d 302, 342 (1998). Plaintiff must show that the matter publicized was not left open to the public eye, but rather, was truly a matter of private concern only. Jackson v. Playboy Enterprises, 574 F. Supp. 10, 13 (S.D. Ohio. 1983). In other words, [t]here is no liability when the defendant merely gives further publicity to information about the plaintiff that is already public, or to which plaintiff herself leaves open to the public eye , Killilea, 27 Ohio App.3d at 166-167. Plaintiffs Second Amended Complaint identifies no information from the article concerning Plaintiffs private affairs, and a review of the article reveals no such information. The article focuses only on Plaintiffs medical training and his public, professional career. The medical profession is highly regulated. Licenses must be obtained from government agencies and information regarding a physicians training and experience are routinely exchanged among hospitals, state licensing agencies, professional associations, and physician placement organizations. Moreover, the question of whether a licensed physician has completed the medical training he claims, and which has enabled him to become board certified and practice medicine in seven different states, is clearly a question of public concern. 2. Plaintiff Cannot Recover for False Light Invasion Of Privacy As A Matter of Law

Count Four of the Second Amended Complaint alleges false light invasion of privacy. The Ohio Supreme Court recognized this tort for the first time last year. Rejecting concerns that false light and defamation claims often overlap, the Court adopted Restatement of the Law 2d, Torts, 652(E): 27

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[O]ne who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability to the other for invasion of his privacy if (a) the false light in which the other was placed would be highly offensive to a reasonable person, and (b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed. Welling v. Weinfeld, 130 Ohio St. 3d 464, syllabus (2007). While a plaintiff may pursue false light and defamation as alternative claims, he can have but one recovery for a single instance of publicity. Id. at 472, (citing Restatement of the Law 2d, Torts, 652(E), Comment b). The Court identifies two particular circumstances when false light offers a remedy and defamation does not: 1) When the defendant reveals intimate and personal, but false details of the plaintiffs private life; or 2) When the defendant portrays the plaintiff in a more positive light than he deserves. Id. at 469 (citations omitted). In such instances the matter publicized may not be defamatory, but would be potentially highly offensive. The Playing Doctor article fits neither situation. The article does not reveal intimate personal details of Plaintiffs private life, nor does it portray Plaintiff positively. This is not a case where a publication is not defamatory, but merely offensive. The adequate and proper remedy, therefore, is defamation. The Ohio Supreme Court also made clear that the same defenses available under the First Amendment to a defamation case are available to a false light claim. Id. at 472-473. Thus, Plaintiffs false light claim fails for the same reasons his defamation claim failsthe substantial truth of the article, and the lack of clear and convincing evidence of actual malice.9

Actual malice is the standard of fault applicable to all false light claims in Ohio, regardless of the public/private figure status of the plaintiff. Welling v. Weinfeld, 130 Ohio St.3d at 472-473. 28

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D.

Plaintiff Cannot Establish Any Actual Damages Proximately Caused By The Challenged Articles 1. Plaintiff Cannot Recover Presumed Or Punitive Damages

Proof of actual malice is a constitutional prerequisite to the recovery of presumed and punitive damages in all defamation cases. Gertz, 418 U.S. at 349; Thomas H. Maloney and Sons v. E.W. Scripps, 43 Ohio App. 2d 105, 109 (1974). Since the record evidence in this case will not support a reasonable jury finding of actual malice by clear and convincing evidence, only actual damages proximately caused by the article are available to Plaintiff. 2. The Record Evidence Precludes A Showing Of Actual Injury

One of the prima facia elements of a defamation claim is showing that the publication was the proximate cause of an injury to the plaintiff. Campbell v. Triad Financial Corp., 2007 U.S. Dist. Lexis 77623, *54-55 (N.D. Ohio Oct. 9, 2007) (attached), quoting Celebrezze v. Dayton Newspapers, Inc., 41 Ohio App. 3d 343, 346-347 (1988): It is elementary, in a defamation action, as in any other tort action, that the offensive conduct be the proximate cause of injury to the plaintiff in order to recover damages. This obligation of showing that the defamation was the proximate cause of harm to the plaintiff is characterized by the requirement that actual injury result from the alleged defamatory act. The actual injury must result from the defendants conduct, not some other source. Brite Metal Treating, Inc. v. Schuler, 1993 Ohio App. Lexis 2440, *14 (May 13, 1993) [attached] (citing Prosser and Keeton Law of Torts, (5th Edition 1984) 263, 795 481, 112. Thus, Plaintiffs burden is to demonstrate that his actual injury resulted from the Scene article at issue, and not any other source. Plaintiff cannot meet this burden because record evidence establishes that the employment opportunities Plaintiff claims to have lost cannot be linked to the article at issue.10

10

Plaintiff also seeks to recover damages to his software business, Consult, as a result of the challenged article. Currently pending is Defendants Motion to Preclude Plaintiffs Expert 29

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Plaintiffs own deposition testimony establishes that the contract under which he was working at Cape Fear ended before Playing Doctor was published. The only two other lost employment opportunities Plaintiff can point to (Cumberland County and Scott Memorial Hospitals) cannot be linked to the Scene article. The evidence reveals that these two hospitals received packets of documents from anonymous sources, and that those packets included critical information regarding Plaintiff in addition to the Scene article. Each hospital then terminated Patrick for work performance issues, but only after conducting independent investigations. V. CONCLUSION For these reasons, Defendants respectfully request this court for an Order granting summary judgment in Defendants favor, dismissing Plaintiffs Second Amended Complaint in its entirety, with prejudice, and awarding Defendants their costs, attorneys fees and whatever other relief this Court deems just and equitable.

/s/ Kenneth A. Zirm Kenneth A. Zirm (0010987) Reem Shalodi (0081779) ULMER & BERNE LLP Skylight Office Tower 1660 W. 2d St., Ste. 1100 Cleveland, Ohio 44113 Tel: (216) 583-7000 Fax: (216) 583-7001 Email: kzirm@ulmer.com rshalodi@ulmer.com Attorneys for Defendants

Report and Testimony Regarding Alleged Damages to Consult. (D.E. 107) Therefore, Defendants will not address the issue of Consults alleged damages in this Motion. 30

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CERTIFICATE OF PAGE LIMIT COMPLIANCE I hereby certify that this case has been assigned to the standard track and, pursuant to Court Order dated January 16, 2008, the page limit for memoranda in support of dispositive motions in this case has been modified to thirty (30) pages; and that this Memorandum adheres to the Courts modified page limitation.

/s/ Kenneth A. Zirm Kenneth A. Zirm (0010987) One of the Attorneys for Defendants

1681192v5 32387.00000

31

Case 1:05-cv-02791-LW

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Page 1 of 3

TABLE 1

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TABLE 2

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TABLE 2: VERIFICATION REQUESTS REGARDING PLAINTIFF'S RESIDENCY EXHIBIT NO. Ex.9 DOCUMENT Columbia North Ridge Medical Center Request for Verification HKA Locums Tenens Request for Verification Memorial Hospital Request for Verification VERIFICATION YEARS SOUGHT SOUGHT TO BE VERIFIED Internship and Residency 1975-1978

Ex. 12 Ex. 14

General Surgery Rotating Internship Special Residency in Emergency Medicine Residency 1975-76 1976-1978 1976-1978 1976-1978

Ex. 15 Ex. 18

Ex. 19

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Alliance Hospital Request for Verification Betsy Johnson Regional Rotating Internship and Hospital Request for Emergency Medicine Verification Residency Columbia Northwest Emergency Medicine Medical Center Request Residency for Verification Anson County Hospital Emergency Medicine Request for Verification Residency Deaconess Hospital Emergency Medicine Request for Verification Internship Phoebe Putney Memorial Rotating (Designed for Hospital Request for Emergency Medicine) Verification Residency Vista Staffing Solutions Emergency Medicine Request for Verification Internship/Residency St. Joseph's Hospital Emergency Medicine Request for Verification Residency Dearborn County Residency in Surgery Hospital Request for Verification

1976-1978

6/1/75-6/1/76 1975-1976

1975-1979 1975-1976 1975-1977

This verification request was sent to Dr. Heimlich. All the others listed in Table 2 were sent to Jewish Hospital.

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AFFIDAVIT OF THOMAS FRANCIS

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION EDWARD PATRICK, Plaintiff, vs. CLEVELAND SCENE PUBLISHING, LLC, et al. Defendants. )
)

CASE NO. 1:05 CV 2791 JUDGE WELLS MAGISTRATE PERELMAN AFFIDAVIT OF THOMAS FRANCIS

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Thomas Francis, being first duly sworn, deposes and states the following based on his persona] knowledge: 1. I am one of the Defendants in this lawsuit and the author of the article

entitled, "Playing Doctor" that was published in the October 27, 2004 edition of Cleveland Scene, and upon which this lawsuit is based. 2. I was employed at Cleveland Scene as a staff writer from approximately

October, 2000 to December, 2004. Since that time I have worked as a freelance writer in Chicago, Illinois; as a staff writer for The Stranger, an alternative weekly newspaper in Seattle, Washington, and, since August, 2006 as a staff writer for the New Times Broward-Palm Beach, an alternative weekly newspaper based in Fort Lauderdale, Florida. 3. I received a Bachelor of Arts degree in 1999 from the University of

Wisconsin-Madison with a double major in Journalism and Political Science. Upon graduation, I took a job with a daily newspaper in Palmdale, California, The Antelope Valley Press, where I

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served as a political reporter for approximately one year until I joined Cleveland Scene in October, 2000. 4. I have received numerous awards for my published articles including:

three first place and two second place Ohio Excellence in Journalism Awards; a first place and honorable mention Salute to Excellence Awards from the National Association of Black Journalists; two first place awards and an honorable mention award from the Association of Alternative News Weeklies; and two first place awards from the Ohio Society of Professional Journalists. A detailed list of my journalism awards is attached hereto as Exhibit A. 5. I learned about Dr. Edward Patrick during the course of an investigation I

conducted into Dr. Henry Heimlich and the "Heimlich maneuver" for an article that was published in Cleveland Scene in August, 2004. That article, entitled "Heimlich's Maneuver" reported on the controversy surrounding Dr. Heimlich's efforts to have his well-known "Heimlich maneuver" adopted by the American Red Cross, The United States Lifesaving Association, and the medical establishment in general as the first response for drowning victims. During the course of my research for that article, 1 learned that Dr. Edward Patrick, a friend, former colleague and protege of Dr. Heimlich's, had authored an article in The Journal Emergency in 1981 about a case in which he claimed to have resuscitated a two year-old drowning victim at a Lima, Ohio hospital by using the Heimlich maneuver. That case was cited often by Dr. Heimlich and Dr. Patrick in support of their efforts to have the Heimlich maneuver adopted as the first response for drowning victims. 6. While researching the "Heimlich's Maneuver" article I learned that there

was much resistance within the medical community to the use of the Heimlich maneuver for drowning victims and that experts in the field had expressed doubt about the Lima case as

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reported by Dr. Patrick. My August, 2004 article reported on the Lima case, the controversy surrounding that case specifically, as well as the more general controversy in the medical and lifesaving communities surrounding Dr. Heimlich's very public efforts to have the "Heimlich maneuver" established as part of the protocol to revive drowning victims. 7. I interviewed Dr. Patrick by telephone for that story. I asked him about

the Lima case, and was particularly interested in obtaining any documents in his possession that would support his report in the Journal Emergency about that case. Dr. Patrick told me that he had such records but that he would not provide them to me. I contacted the Lima Hospital, and they would not provide Dr. Patrick's employment records to me without a signed release from Dr. Patrick, which he also refused to provide. A few days before the article was to be published, Dr. Patrick offered to show me the Lima records in his possession, but only if 1 would meet him in Cincinnati, Ohio. After checking with my editor, I informed Dr. Patrick that I would not be able to meet with him in Cincinnati, and requested that he fax me the records, and suggested he could redact information he felt might compromise patient confidentiality. Again, Dr. Patrick refused to fax the records to me for personal viewing. 8. As part of my investigation for the Heimlich's Maneuver article, I

interviewed a number of nationally recognized drowning experts, including Dr. Linda Quan from the University of Washington, Dr. James Orlowski: (previously of the Cleveland Clinic), Chris Brewster (President of the United States Lifesaving Association Board of Directors), Dr. Jerome Modell from the University of Florida, and Admiral Alan Steinman, water safety specialist with the United States Coast Guard. I asked each of them specifically about the underlying facts of the Lima case as reported by Dr. Patrick in his article in The Journal Emergency. Each of them expressed skepticism about the Lima report, particularly Dr. Patrick's claim that the child had

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been revived after having been submerged for twenty minutes, and after another twenty minutes had elapsed before the child reached Dr. Patrick at the hospital emergency room. 1 had also reviewed the ambulance run report for the Lima victim which reported an ambulance run of significantly shorter duration. 9. My initial source for the article regarding the Heimlich Maneuver and

drowning was Peter Heimlich, the son of Dr. Henry Heimlich, who contacted me anonymously at Cleveland Scene, and informed me of the controversy surrounding the Heimlich maneuver and drowning, and told me that questions had been raised by experts regarding Dr. Patrick's report on the Lima case. I treated this source as I would any whistleblower or other off-the-record source, i.e., I conducted my own investigation into his allegations, and looked for documents and other on-the-record sources who could corroborate the information given to me by the whistleblower. 10. Prior to the publication of Heimlich's Manuever in August, 2004, Peter

Heimlich revealed his identity to me. Peter Heimlich had already conducted a tremendous amount of research into his father's career, and had posted hundreds of pages of documents on his website related to his father and to Dr. Patrick. I found most of Peter Heimlich's research to be credible, and the documents posted on his website that I reviewed to be authentic and authoritative. I was able to corroborate all of the key information that Peter Heimlich provided me about the Heimlich maneuver and drowning through independent sources and documents, and became convinced that Peter Heimlich's criticisms of his father on this issue were wellgrounded, were shared by experts in the field, and were a matter of legitimate public interest. 11. One of the more interesting statements Peter Heimlich made to me during

my investigation into the Heimlich's Maneuver article was that Edward Patrick claimed to have

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developed the Heimlich maneuver, but that he had never received proper credit. I thought it was stunning that the internationally known and recognized Heimlich maneuver may have actually been invented by someone other than the person for whom it was named and had been associated for all these years. 12. Thus, when I interviewed Dr. Patrick for the Heimlich's Maneuver article,

I asked him about his involvement in the development of the Heimlich maneuver. Dr. Patrick told me that he played an integral role in the development of the maneuver, and that his research on energy models is what convinced the then Surgeon General, C. Everett Koop, to endorse the Heimlich maneuver as the first response for choking victims instead of back slaps in 1985. Patrick told me that it would be more accurate to refer to the technique as the "Patrick-Heimlich maneuver." Dr. Patrick supplied me with a copy of a May, 2003 "Press Release" he had issued where he stated that he had always considered that he and Dr. Heimlich had worked together on the development of the Heimlich maneuver, just like the Wright brothers had worked together on the first flight. (Deposition Ex. 54). 13. Peter Heimlich also told me that his investigation into Dr. Patrick had Specifically, Peter Heimlich

raised serious questions about Dr. Patrick's medical training.

indicated that Dr. Patrick's resumes and state medical license applications were inconsistent and that there were questions regarding whether Dr. Patrick had actually completed the emergency medicine residencies he claimed to have completed. Peter Heimlich also told me that Patrick made other claims on his resumes and state license applications that were suspicious, including his use of two different dates of birth. 14. Dr. Patrick's training and credentials were not the focus of my initial After

article, but I filed away this information for potential investigation at a later date.

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publication of the Heimlich's Maneuver article, I decided that because of Dr. Patrick's relationship with Dr. Heimlich and the Heimlich maneuver, and because of his central role in the drowning controversy, it would be worth further investigation into Dr. Patrick's medical training to see whether I could corroborate Peter Heimlich's claims through independent sources and documents. 15. Over the next six weeks I reviewed hundreds of documents and

interviewed over a dozen people in an effort to understand what medical training Dr. Patrick had completed, to corroborate the claims made by Dr. Patrick on his resumes and state license applications and to independently determine whether Dr. Patrick had completed the residency programs that he claims to have completed in the late 1970's. 16. (a) Among the documents I reviewed were the following: an affidavit submitted to the Ohio State Medical Board and signed by Dr. Henry Heimlich and Dr. Gordon Margolin swearing that, as of November 5, 1976, Dr. Patrick had been practicing medicine for 1.5 years; the residency certificate issued to Dr. Patrick by Jewish Hospital indicating that the dates of his "Resident 1" residency were September 1, 1975 through August 30, 1976; employment records from Purdue University demonstrating that during the period of his claimed residencies, Dr. Patrick was a full professor at Purdue, and further reflecting that, when requesting leave and/or reduced compensation from Purdue University during this period, Dr. Patrick never revealed that he would be participating in a residency program; records from the National Science Foundation ("NSF") indicating that Dr. Patrick was conducting research and receiving compensation under an $80,000 NSF grant during the period of his alleged medical residencies; various resumes and state medical license applications submitted by Dr. Patrick wherein he variously described his one-year residency at Jewish Hospital as: specifically designed for emergency medicine; a surgical residency; and a joint program between Jewish Hospital and the University of Cincinnati. Patrick also claimed to have completed a second "special residency" in emergency medicine under the direction and/or

(b)

(c)

(d)

(e)

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supervision of Dr. Henry Heimlich either between 1976-1978, or 19761979; (f) an American Medical Association profile of Dr. Patrick indicating that he had completed a medical residency program at Deaconess Hospital in Cleveland, Ohio, as well as a board certification listing for Dr. Patrick indicating that he had completed an emergency medicine residency program at the University of Cincinnati; internal e-mail correspondence between executives of the parent company that now owns both Jewish Hospital and the University of Cincinnati Hospital indicating that there are no records establishing that Dr. Patrick had been at either institution; state medical license applications wherein Dr. Patrick used different dates of birth; a detailed CV prepared by Dr. Patrick which shows that he was traveling extensively during the time period of his alleged emergency medicine residency at Jewish Hospital, including at least two out-of-town trips during the first month of his residency, international travel to present a paper in Paris and attendance at numerous other conferences during his first year residency program; an internal Jewish Hospital newsletter, and a West Lafayette, Indiana, newspaper article both published around the time Dr. Patrick's alleged residency at Jewish Hospital began that described his research activities at Jewish Hospital but made no mention of his anticipated participation in the residency program; documents from the Indiana State Medical Board showing that Dr. Patrick sat for the FLEX exam to obtain his medical license in June, 1976, during the time period of his alleged residency program, and that he learned that he passed the exam and became licensed in August, 1976, less than a month before the conclusion of his first year residency program at Jewish Hospital; Dr. Patrick's Ohio State medical license application identifying himself as a full professor at Indiana University. documents from Indiana University indicating Dr. Patrick was never a full professor at Indiana University; and sworn deposition testimony from Dr. Patrick where he claims to have completed an emergency medicine residency and claims to have passed his board certification exam on the first attempt.

(g)

(h) (i)

(j)

(k)

(1) (m) (n)

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17.

I tried to obtain documents confirming Dr. Patrick's emergency medicine

residency from Jewish Hospital itself. I had been told by Peter Heimlich (later confirmed by a former Jewish Hospital official - see Paragraph 25, infra), that Dr. Patrick's file at Jewish Hospital was under the control and custody of an in-house lawyer for Health Alliance, Gary Harris. Mr. Harris refused to return my phone calls. 18. In the meantime, I attempted to talk to as many people as I could who

were present at Jewish Hospital at the time and could verify Dr. Patrick's participation in and/or completion of the residency programs listed on his resumes. Among those 1 interviewed were two physicians who were residents at Jewish Hospital in 1975-1976. Dr. Felix Canestri was the chief surgical resident when Dr. Patrick allegedly commenced his residency at Jewish Hospital. Dr. Canestri remembered that Dr. Patrick was present at Jewish Hospital at that time but only remembered him doing some work with computers along with Dr. Henry Heimlich, Jewish Hospital's chief of surgery. Canestri had no recollection of Patrick participating in the residency program, and was certain that he was not a surgical resident and that he had not participated in any surgical procedures while Canestri was chief resident. Canestri also confirmed that Jewish Hospital did not offer an emergency medicine residency program at the time, and that Dr. Henry Heimlich left Jewish Hospital shortly after 1976. Dr. Canestri told me he had no knowledge of whether Dr. Patrick completed any type of emergency medicine residency program after 1976. 19. ] also spoke with Dr. Ed Matern who had been a surgical resident at

Jewish Hospital at the time. He too remembered Patrick being at Jewish Hospital but, again, not as a participant in the residency program. He told me his understanding was that Patrick was at Jewish Hospital under a special arrangement with Dr. Heimlich, but was certain that he was not in the residency program. Matern was not aware of Patrick's participation in a rotating

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internship, but was aware that such internships existed at the time at Jewish Hospital. Dr. Matern told me that participation in such a rotating internship would require a commitment of at least 80 hours a week. 20. I also interviewed Dr. Gordon Margolin, who was chief of internal

medicine at Jewish Hospital at the time, and in charge of the residency program. Dr. Margolin had trouble remembering how long Dr. Patrick was present at Jewish Hospital, and exactly what he was doing, but he told me that Dr. Patrick was doing research involving computers with Dr. Heimlich for a period of time before he asked to participate in the residency program. Dr. Margolin recalled Patrick serving a one year residency, but clearly stated to me that Patrick's residency was supervised by Dr. Heimlich. Dr. Margolin couldn't tell me what specifically Dr. Patrick did during the residency, but indicated that Patrick was given "official" credit for a year. Dr. Margolin was not surprised when I told him that other residents with whom I had spoken did not remember Dr. Patrick participating in the residency program, and told me that Dr. Patrick was not very apparent or visible in the program. Dr. Margolin confirmed that Patrick could not have completed an emergency medicine residency at Jewish Hospital because such a residency was not offered there. 21. Dr. Margolin was clear with me in our interview that he did not sign off on

the Patrick residency, but that Dr. Heimlich had done so and that Dr. Heimlich had overall supervisory responsibility for Dr. Patrick's residency. When I told Dr. Margolin that I had an affidavit in my possession that had been submitted to the Ohio State Medical Board where he verified that, as of November 1976, Dr. Patrick had been practicing medicine for 1.5 years he was surprised and did not recall signing such a document. Dr. Margolin was also surprised when I informed him that Dr. Patrick listed him as a co-author of an article with Dr. Patrick regarding

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the use of pattern recognition in medicine. Dr. Margolin did not believe he co-authored such an article, and told me that he maintained a list of all of his published articles and that that list did not include any articles that he co-authored with Dr. Patrick. 22. The information I obtained through these interviews left many questions

unanswered regarding exactly what kind of residency experience Dr. Patrick had. None of the people I talked with could verify that Dr. Patrick had actually completed either the "rotating" residency or the "special" residency in emergency medicine that he listed on his resume and state medical license applications. Although it appeared that he had received "official" credit from Jewish Hospital for a one year residency, none of the people with whom 1 spoke could recall Patrick actually participating in the residency program. Instead, other residents recalled only his computer-related research activities at Jewish Hospital. These sources had all confirmed, however, that Jewish Hospital did not have a residency program in emergency medicine, casting doubt on Patrick's claims that his residency at Jewish Hospital was in emergency medicine, or specifically designed for emergency medicine. My sources had also made it clear to me that Patrick's residency, if any, was not a surgical residency. 23. I next contacted Michael Bowen. While employed by Jewish Hospital

during the 1990's one of Bowen's jobs was to respond to verification requests sent to Jewish Hospital by other hospitals and state medical boards asking for Jewish Hospital to verify Dr. Patrick's training there. I was hoping Mr. Bowen could clarify for me the confusion caused by the varying descriptions I had seen of Dr. Patrick's residency, and tell me exactly what Patrick did at Jewish Hospital. 24. Mr. Bowen told me that he was unable to tell from Dr. Patrick's Jewish

Hospital residency file specifically what Dr. Patrick did during his rotating residency. From an

10

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employment contract and other payroll type information, however, Bowen told me he was able to verify that Dr. Patrick was at Jewish Hospital as a rotating resident or intern from September I, 1975 to August 31, 1976. Mr. Bowen acknowledged that he received a number of requests asking Jewish Hospital to verify that Dr. Patrick had completed an emergency medicine residency there, but since Jewish Hospital did not have an emergency medicine residency he would only verify the one year rotating residency. Mr. Bowen did not feel it was his job to investigate why he was receiving so many verification requests regarding Dr. Patrick for an emergency medicine residency. 25. Mr. Bowen acknowledged that he responded to more verification requests

for Dr. Patrick than any other physician while he was the person responsible at Jewish Hospital for responding to such requests. He also told me that this fact raised suspicion in his mind, as did the number of verification requests regarding an emergency medicine residency for Patrick. Bowen confirmed what Peter Heimlich told me, i.e., that Bowen had given Patrick's file to the hospital's in-house lawyer, Gary Harris, for safekeeping. He further acknowledged that he

alerted the Ohio State Medical Board of his concerns regarding Dr. Patrick and assumed that they investigated, although he did not follow up. Bowen felt it was up to the potential employer to respond appropriately when receiving information from Jewish Hospital denying that Dr. Patrick had completed an emergency medicine residency there. 26. During the course of my investigation I interviewed two other persons

familiar with the graduate medical education process who both independently indicated that they would expect a resident's file to contain specific information regarding the resident's activities, including a rotation schedule and written evaluations indicating the completion of a particular

II

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rotation, and the resident's performance during that rotation. Based on my conversations with Mr. Bowen it did not appear that any such documents were part of Dr. Patrick's file. 27. I attempted to interview Dr. Henry Heimlich directly, but was told I would I spoke to Mr. Kraft on several occasions by

have to talk to his spokesperson, Bob Kraft.

telephone, and submitted questions to him by e-mail for Dr. Heimlich to answer, and received responses via return e-mail from Mr. Kraft. 28. Through Mr. Kraft, Dr. Heimlich denied that he was in charge of Patrick's

residency at Jewish Hospital. Dr. Heimlich stated that he only supervised Dr. Patrick during the months when he rotated through surgery during that one year period and denied supervising Dr. Patrick on any other occasion. Dr. Heimlich also denied any knowledge or supervision of Dr. Patrick in a "special residency in emergency medicine" after 1976 as claimed by Dr. Patrick on his resumes and state medical license applications. 29. I also asked Dr. Heimlich, through Mr. Kraft, about Dr. Patrick's claims

that he had a significant role in the development of the Heimlich maneuver. I was told by Mr. Kraft that, "Dr. Patrick had no role in the origin or development of the maneuver." I also learned that Dr. Patrick never served as medical director of the Heimlich Institute, a position Patrick claimed he held on a number of his resumes. 30. Peter Heimlich told me that he had filed a complaint with the Ohio State

Medical Board regarding Dr. Patrick, and that he had a number of telephone conversations with Thomas Dilling, the executive director of the Ohio State Medical Board, regarding Dr. Patrick. Peter Heimlich provided me with a copy of the complaint he sent to the Ohio State Medical Board. Peter Heimlich told me that, after being encouraged by his initial conversations, Mr. Dilling told him that the Medical Board had more urgent issues to address than a physician who

12

Case 1:05-cv-02791-LW

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Page 14 of 18

may have been faking his medical credentials and that Mr. Dilling ceased communicating with Peter Heimlich. With that background, I attempted to interview Mr. Dilling myself. I spoke to him by telephone on at least two occasions. Mr. Dilling, citing confidentiality provisions

relating to the Ohio State Medical Board, would neither confirm nor deny on-the-record that a complaint had been received, or an investigation conducted into Dr. Patrick. He would not discuss any conversations he may have had with Peter Heimlich. I also expressed my frustration to Mr. Dilling with Gary Harris' non-responsiveness. Mr. Dilling told me he would talk to Mr. Harris and ask him to call me. I never received a call from Mr. Harris. 31. I also interviewed Dionisio Flores, a physician who began his residency at

Jewish Hospital in 1976. Flores told me that, at the time he was there, Dr. Patrick was merely doing research with Dr. Heimlich, and was not participating in the residency program. I interviewed Dr. Ed Saeks, a physician at Jewish Hospital at the time Dr. Patrick would have been a resident. He remembered Dr. Patrick doing research, but did not recall that Dr. Patrick was a resident, or even a physician. 32. I interviewed Ramasamy Uthurusamy, a graduate engineering student

from Purdue who did research at Jewish Hospital under Dr. Patrick. Uthurusamy was not sure of the date of his arrival at Jewish Hospital (it was either late 1975 or 1976), but he told me that by the time he arrived there, Dr. Patrick was only doing research. Uthurusamy understood that Dr. Patrick had already completed his residency program. 33. I also interviewed an attorney, Michael Djordjevec, who specialized in

medical malpractice. Mr. Djordjevec was knowledgeable about board certification and the medical credentialing process and I discussed with him the implications of an emergency room

13

Case 1:05-cv-02791-LW

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physician who had been board certified and practicing for a number of years, but who may not have met all the requirements for completion of a residency program. 34. 1 interviewed three persons who requested I maintain the confidentiality of

their identity. The first was a spokesperson for St. Luke's Hospital in Cleveland who confirmed that Dr. Patrick was employed there during the dates he indicates on his resume, but told me that St. Luke's records did not verify Dr. Patrick's claim that he started a family practice residency program during that time. Another confidential source I interviewed was a nurse at one of the hospitals where Dr. Patrick had practiced emergency medicine. Finally, I spoke to a person who had a similar job to Mike Bowen, i.e., was responsible for responding to verification requests received by hospitals and who was very knowledgeable about the process. That person gave me insight into the documents normally contained in a typical resident's file. 35. I also spoke to Dr. Robert Baratz, Ph.D., M.D., D.D.S., President of the

National Council Against Health Fraud, a number of times during my investigation. He provided me with helpful background information regarding residency training, board certification and the medical credentialing process. He had also been actively investigating Dr. Patrick's medical training and background, and was familiar with the claims made by Dr. Patrick regarding his medical training. Dr. Baratz confirmed that the questions I was investigating regarding Dr. Patrick were legitimate and raised questions about the accuracy of his resumes and state medical license applications, as well as his qualifications to practice emergency medicine. 36. My notes from the interviews described in this Affidavit have been

identified as Deposition Ex. WWW. These documents are transcriptions of my handwritten notes. I prepared these transcripts at the request of Dr. Patrick's lawyer because my original handwritten notes utilized a shorthand that I learned in high school and which is hard for others

14

Case 1:05-cv-02791-LW

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to decipher. Many of these telephone interviews were tape recorded, and my notes were made from the audio tapes. The phone system at Scene allowed me to audio record telephone

interviews, but because the maximum recording length was 30 minutes, and because the same memory was used for my voice mail system, my practice was to transcribe the audio recording by hand immediately so that 1 could clear the memory for subsequent interviews and voice mail messages. 37. I attempted to interview Dr. Patrick by telephone so that I could ask him

questions about his residencies and medical training and relay to him some of the information I had gathered from the people I had interviewed, and get his response. Dr. Patrick took the opportunity to complain to me about the Heimlich's Maneuver article, and then refused to answer any questions or talk to me further. 38. I learned during the course of my investigation that Dr. Patrick had

become board certified in emergency medicine in 1988. 1 also learned, however, that one of the requirements for board certification was the completion of an accredited one year residency program and that if, in fact, he had not fully completed all the requirements of a one year residency program, the validity of his board certification would be called into question. The focus of my investigation, therefore, was on attempting to verify Dr. Patrick's claim that he completed two emergency medicine residencies and/or to determine the exact nature of Patrick's residency experience. 39. My conclusion, based upon the documents I reviewed and the information

gathered from the various sources I interviewed, was that Dr. Patrick had engaged in a pattern of deception and false claims regarding his medical training and background, and that serious questions remained regarding the extent to which Dr. Patrick actually participated in the

15

Case 1:05-cv-02791-LW

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residency programs he claims to have completed. I found no evidence to support Patrick's claim that he completed a "specialized residency in emergency medicine" under the supervision of Dr. Henry Heimlich from 1976 to 1978/79. Dr. Heimlich, in fact, refuted this claim. It was also clear to me that the rotating residency/internship he claimed at Jewish Hospital had no affiliation with the University of Cincinnati, and was neither designed for emergency medicine, nor a surgical residency as he had claimed on some versions of his resume. Although he was awarded a residency certificate by Jewish Hospital, neither the chief of surgery nor the chief of internal medicine claimed overall supervisory responsibility or could tell me what Patrick did or whether he fully participated in the residency program. The person most familiar with Dr. Patrick's residency file, Michael Bowen, told me that there was nothing in the file to indicate what Patrick had done during the year, or how he performed. Other residents I spoke to were certain that he did not participate in the residency program, but remember him only as doing research relating to computers. This was consistent with the media articles from that time as well as with the NSF grant he was working under at the time. Dr. Patrick's own CV's indicate that he was traveling extensively during the period of his rotating residency to attend conferences, give papers and take exams. 40. The documents I reviewed also established that Dr. Patrick was still on

the faculty as a full professor at Purdue University during his alleged residencies. Although he apparently had been granted permission to be absent from campus and/or to reduce his academic responsibilities during some of this same time period, Dr. Patrick never told Purdue he was participating in a residency program. Dr. Patrick's claimed full professorship at the Indiana University Medical Center was refuted by the University, and his claimed position with the Heimlich Institute was refuted by Dr. Heimlich. Finally, Patrick's description of his medical

16

Case 1:05-cv-02791-LW

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training in his various resumes and state medical board applications were internally inconsistent and often contradictory. He even used false dates of birth on verified state medical license applications. Based on all the information I gathered I believe it was appropriate to label Dr. Patrick's alleged emergency medicine residency a "phantom" residency, and to call into question Dr. Patrick's credibility and training as an emergency room physician. 41. Given Dr. Patrick's notoriety and his association with Dr. Heimlich and

the Heimlich maneuver, I felt that his medical training, and the accuracy with which he described it, was a matter of public concern and a natural follow up to my previous article. I decided to go forward and compose an article highlighting the questions raised about his medical training and the information I had uncovered on that issue. I believe that Playing Doctor accurately reflects the results of my investigation. I did not doubt the truth of the article at the time it was

published, and still believe today that the article is truthful and accurate. FURTHER AFFIANT SAYETH NOT.

Thomas Francis

SWORN TO BEFORE ME and subscribed in my presence this j ^ day of January, 2008.

NOTARY PUBLIC-STATE OF FLORIDA

Brian Grynbaum
fCommission#DD480631 Expires: OCT. 11, 2009
Bonded Thru Atlantic Bonding Co., Inc.

'

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Notary Public

1675084v2 32387.00000

17

Case 1:05-cv-02791-LW

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Page 1 of 7

DEPOSITION EXHIBIT 5

Case 1:05-cv-02791-LW

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THE JEWISH HOSPITAL OF CINCINNATI, INC.

- - - *V Unmet Avenue * Cincinnati, Ohio 45229 (513) 569-2000 FAX (513) 569-2426

jfef
f:>;#.;
i.

3
'U
^1:

'

\ .V'J .'-HS *itf&ity/*&**--

Department of Surgery
Creighton B. Wright, M.D., F.A.C.S. Director Michael W. Bowen, R.N., P.A.-C. Administrative Director

February 7, 1996

Theresa Misch, Credentials Coordinator Med Chek Academy Services of Cincinnati, Inc. 320 Broadway Cincinnati, OH 45202-4246 RE: Edward A. Patrick, M.D. Dear Ms. Misch: Edward A. Patrick, M.D. served as a "flexible intern" with emphasis on surgery from September 1, 1975 through August 31, 1976 here at The Jewish Hospital of Cincinnati. Our records do not indicate that on Emergency Medicine Residency was completed here at Jewish Hospital. If I can provide additional information please don't hesitate to contact me. Sincerely, < ^ " ~ ~ ?

Michael W. Bowen, R.N., P.A.-C. Administrative Director MWB/jmt

THE OHIO LEGAL BLANK CO-.

DEFENDANT'S EXHIBIT
Y)h,ui,m,i.i!iL.i

Jewish Hospital 00184

Case 1:05-cv-02791-LW

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DEPOSITION EXHIBIT 7

Case 1:05-cv-02791-LW

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rm JEWISH HOSPITAL OP Q N C I N N A T I

3200 Burnet A v e n u e . Cincinnati * Ohio 45229. (513) 569-2000. FAX (513) 5 ^ 2 4 2 6

INC.

I -M- ik K ' / I V v #?
m ."!<. -., ^:>... * . ,;;,vJ,

Department of Surgery

Michael W . B o w e n , R . N . P A . r C Administrative Director

Leigh Farrington Team Health p -0. Box 30698 Knoxvilie, TN 37930 RE; Edward A. Patrick, .D. " Harrington;

D e a r Ms

Edward A. Patrick M n unnati. Our records do not ir was coveted **&?*

If

here at Urgency Hedi cine Residency on, please don't hesitat

"

J c a Provide additional informati contact me. Sincerel

e to

Michael Bowen p M Administrative oirectc A'~C* :or MWB/jmt

Jewish Hospital 00112

Case 1:05-cv-02791-LW

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DEPOSITION EXHIBIT 9

Case 1:05-cv-02791-LW

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> COLUMBIA :Na*ridgeMejllcal.Cejiier

T 24 Soulh Memorial Drive P.O. Box 460, Prattville. Alabama 36067 Phone (334) 3650651
COLUMBIA'S dome page ishtlp;//ww\v.colafnbia.net

MB 1 3 ,00n
July 26, 1996 Jewish Hospital 13200 Burnett Avenue Cincinnati, Ohio 46202 Attn: Medical Staff Services Subject: Edward Patrick. M n Dear Doctor: Dr. Edward Patrick has applied to Columbia Northridge Medical Center for medical staff appointment and clinical privileges. He states in his application that he completed an internship and residency from 1975 through 1978 at your institution. Dr. Patrick has requested the clinical privileges on the attached forms. We would appreciate your recommendation with respect to these specific privileges based upon your observation of the applicant. If the applicant has not performed or managed the specific procedures in question frequently enough at your institution to provide you with a basis for a judgment, please indicate that on the attached form. The applicant has specifically authorized this hospital to obtain the information and has signed a statement extending immunity to and releasing from liability third parties who provide information pursuant to this request. Sincerely,

1H ciMk/yaJdtm ^mr)
Nicholas Pantaieone, M.D. Chief of Staff NP:mgt Enclosures

Jewish Hospital 00174

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COLUMBIA NORTHRFDGE MEDICAL CENTER CONFIDENTS! P H Y S I C I A N E V A L U A T I O N FORM NAME OF APPLICANT

Please complete all parts of this form. If additional room is needed, please use a separate sheet. I. VERIFICATIONPlease give name of your hospital ~T~}\P JjBUM^J U&UlJif <jb C/vtf/^*^ Please give dates of applicant's affiliation ^ W L iql'T-fflr^dh (MJJUAbX ,-t) WTTa What was the applicant's scope of privileges'(Acth/e, etc) / - ' ^ ~*Z~~ Is your facility accredited by the JCAHO? _ _ ^ T Y e s JTHER HOSPITAL APPOINTMENTS To my knowledge, the applicant was also appointed to the staff of the following hospitals: No

IH.

EVALUATIONThis evaluation should be based on demonstrated performance compared to that reasonably expected physican with a similar level of training'and background as this one. expectea QB Basic medical knowledge Professional judgment Sense of responsibility Clinical competence Technical skill Cooperativeness, ability to work with others Medical record currency Quality of medical records Patient management Physician-patient relationship EA1B GQQB SUEEB1GR

Applicant attempted t o perform procedures for which he/she was not c r e d e n t i a l ? YES NO If yes, please explain:

Jewish Hospital 00175

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DEPOSITION EXHIBIT 12

FEB-1 i Case 1:05-cv-02791-LW

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P. 001
r

FEBi >

mi
TO: COMPANY ADDRESS:

DATE;,

ZY/-9?

TIME:, 4^A,

31/0 &L____

FAX ft _ 5 Z 3 r r ^ ^ " ^ ^ s :
PHONE #:.

FROM:

TXAC<i

0m-

C O m m j I N G MEDICAL SERVICES
COMMENTS:

AT HKA LOCUM TENENS 4170 Ashford Dunwoody Road, Suite 599 Atlanta, GA 30319 Rhone: 404/303-5717; Fax: 800/353-5714 800/226-6347

U OF PAGES (INCLUDING COVERSHEET):

3
Jewish Hospital 00169

E B - I I Case 1:05-cv-02791-LW

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CONTINUING MEBICM, SERVICE)

February 10, 1997

Medical Staff Office Jewish HospitalKenwood 8 000 Kenwood Road

Cincinnati, Ohio 4 5236

To Whom It May Concern:

Dr. Edward Patrick is currently working with our company, HKA Locum Tenens, and we are needing a verification of his residency in General Surgery. He completed a reBidency from 9/75 to 8/76. Your office completed a /erification for Or. Patrick this week for the state of Kentucky, so you might have a completed copy on file. Please fax to my attention at 1-800-254-8233. If you have any questions, please contact me at 1.-800-226-6347. Thank yo for your time. Sincerely, n

U-

>

Yvihi Ti

Post

Licensure Coordinator

Jewish Hospital 00170 JtTnAeh&wLlWmrtwk-fl,! * Q.tes<J 4 AHant,, fWrtm^mia t 404/.mr.t;717 8A0/&26-6347 Fax 800/&53-5714

FEB nCase 1:05-cv-02791-LW

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003

AUTHORIZATION FOR INFORMATION RELEASE

I authoress medical schools, hospitals, clinics, physicians, legal counsel, state medical boards, professional and personal associates, and all governmental agencies to release information concerning my professional, ethical, and physical history. I understand that the sole purpose of this information is to aid in credentialing for medical practice, hospital privileging, and state licensure. All information given is confidential and will be used only for the above purposes.

\
Physicians Name and Title

M* -?.

Jewish Hospital 00171 4l70Ashfor(l-Du.tu-o(xlvRd . StiiJn 599 Atlanta, Georgia30319 404/303-5717 800/226-6347 FAX 404/303-5714

Case 1:05-cv-02791-LW

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DEPOSITION EXHIBIT 14

Case 1:05-cv-02791-LW I-15-98 THU 2:52 PM

Document 116-6

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Page 6 of 25

PI/MEDICAL STAFF

F. 3

TO THE BEST OF YOUR ABILITY, WOULD YOU PLEASE ASSIGN A RANK TO THE FOLLOWING CATEGORIES REGARDING: EDWARD ALFRED PATRICK. M.D. 1 Unable to assess 2 poor 3-*****~Fair 4~ Good 5 Superior a) b) c) d) e) f) g) h) i) j) Clinical knowledge Professional judgement Sense of responsibility Technical skill Clinical competence Imperativeness and ability to work with hospital personnel and medical staff Timeliness of medical records completion Patient management Physician-patient relationship Participation in staff activities IM!T If y T, k 5 ? e f r deS t h e a ^ 1 I c a n t h a v e *V PMcal or mental health problems which could possibly effect his ability to exercise clinical privileges? Yes No ^ b 6 S t y 0 w I e d is Yes ^ ^ ^ ^ s applicant addicted to the use of a n y ^ s andVoTalcohol? nO n) Are you aware of any facts regarding the applicant which causes vou to hesitate in any way in recommending reappointment to our staff? Yes No J - ^ w,& .vH^unmiit.iH IU UUJ siaur ies Length of time you have known applicant. CJ

" ^

RECOMMENDATION: A. Recommend highly without reservation B. Recommend as qualified and competent C. Recommend with some reservation D. No comment E. Do not recommend DITIONALCO ADDITIONAL COMMENTS:

!^^r^_jes
^ ^ 7 ^ ^ ^ Wm \IIJ(AJL,&?
Jewish Hospital

cL_Eklkk hiqk*L AiY-/ ,**&+

1

Date

Jewish Hospital 00126

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JAH-15-98 THU 2:53 PM

PI/MEDICAL STAFF

P. 6

TO THE BEST OF YOUR ABILITY, WOULD YOU PLEASE ASSIGN A RANK TO THE FOLLOWING CATEGORIES REGARDING; EDWARD ALFRED PATRICK. M.D. 1 Unable to assess 2""-"-Poor 3 Fair 4 Good 5 Superior ****************#***,*****,,, a) Clinical knowledge b) Professional judgement c) Sense of responsibility d) Technical skill u e) Clinical competence f) Cooperativeness and ability to work with hospital personnel and medical staff g) Timeliness of medical records completion "**" h) Patient management i) Physician-patient relationship j) Participation in staff activities k) To the best of your knowledge, does the applicant have any physical or mental health problems winch could possibly effect his ability to exercise clinical privileges? Yes No To the best of your knowledge, is this applicant addicted to the use of any drugs andTcTIIcohol?
i cs No

m) n)

Are you aware of any facts regarding the applicant which causes you to hesitate in any way in recommending reappotntment to our staff? Yes No_ Length of time you have known applicant. ~

RECOMMENDATION: A. Recommend highly without reservation B. Recommend as qualified and competent C. Recommend with some reservation D. No comment E. Do not recommend ADDITIONAL COMMENTS:

' ~~

JW

an^ed

Sf&dsLL tllLsLk*

JtjShLth ^

h1

fnurr-n

<t^%l>
Jewish Hosoltal

^
Jewish Hospital 00127

FEE-' --':'? FRi

3:GR FM

PI/MEDICAL SIAFF
Document 116-6 Filed 02/04/2008 Page 8 of 25

Case 1:05-cv-02791-LW

'*>!> .

To; Of: From:

MiXE BO WEN Jewish Hospital Linda Seals Medical Staff Services

, s J

Fax:
Pages:

C 513-794-54
\

"#1 DK^wf^-22,'t997 iJL - / ':< ^ y

fvhktv l am hoping ihnl ytur will bo able tu help me out with Dr.

Patrick. I have sent two separate letters for verification. Please call me if you have any questions. Thanks! If possible would you please return your answer by FAX"

n she desk of... Medkal Staff Services Memorial Hospital 11 West I ipton Street Seymour, BV 47274 812-522-0458 Fax;# : ' ?2-079G Jewish Hospital 00128 $( fi^nUS)

r w - n - s d n\ i,ij/ t'M Fl/MUMCAL STAFF Case 1:05-cv-02791-LW Document 116-6

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Page 9 of 25

411 West 'Upton Street Seymour, Indiana 4/S/4 fhont Mi yfi-ijf.

Memorial iiospital
Jaiiuaiy 15, 199%

" *

,*e\Vi$h Hospital Internship Department 3200 Bumet Avenue Cincinnati, Ohio RB: Or, Edward Alfred Patrick SS#: 234-56-8867 DOB: JO/07/4?

Dem Sirs 1 to atove turned physician hm applied for Locum Tenen privileges in Emergency at our hospital la his application fms physician stated he received a rotting internship from vour institution' which began 1975 through 1976. We would appreciate verification of Hm statement Also, pleas, fill in the attached questionnaire to the best of your ability and comment on the appHeam's morals and character. A slimed md dated release of information is enclosed. This information will be used by the Credentials C o m m i t of the medical stafF appheant tor stag membership, Smces'irfy,
to

evaluate this

Ai^fhc tsecicy A^I homas Mediual Htaif Coutdlircitui

enclosures

Jewish Hospital 00129

PEP-13-93 FF:I TO? F M PI/MEDICAT. STA^F Case 1:05-cv-02791-LW Document 116-6

p g Filed 02/04/2008 Page 10 of 25

TO THE BST OF YOUR ABILITY; WOULD YOU PLEASE ASSIGN A RANK TO THE FOLLOWINGATEGGRIES REGARDING; t EDWARD ALFRED PATMCfC M.D. en 1-Unable to assess 2~ -Poos
3Fair

4 --Good 5-*--Superior a) b) c) d) e) f) g) h) i) j) Clinical knowledge Professional judgement^ _ Sense of responsibility Technical skill ' Clinical competency Cooperative's and ability to work with hosDltas personnel and medical staff Timeliness of medical records completion _ Patient management Physician-patient relationship Participation in staif activities

To ihz hesl of your knowledge, does the applicant have any physical or mentai heaHh problems which could possibly effect his ability to exercise dimcfti privileged Yes No 1) To she best of your knowledge, is this appjicanf addicted to the use of any drugs andToTalcohol? Yes _ No_ m) Are you mm of any tms regarding the applicant which causes you to hesitate in any way to recommending reappotntraent to our staff? Yes No __ n) Length of rime you have known applicant. RECOMMENDATION: A, Eecommend highly without reservation 8, Recommend as qualified and competen' SU. ( Recommend with some reservation i). No comment & Do not recommend ADDITIONAL COMMENTS:

Signature Title tem& Hoipital

CinciBnatt, Ohio

mta

_=-__

Jewish Hospital 00130

RotatingtottradupVeriflcattoa

Memorial Hospital

FEHLH8 FKi
^

^:08 P M
o,-

PI''MEDICI s w
W A V ""r-> ""'" ' x o o I-I .,00,0,1,0000 n

. Filed 02/04/2008 Page 11 of 25

"oo-,o

r o r - ". 4

Case 1:05-cv-02791-LW

Document 116-6

I hvirhy release i^i^Ji^zP

t]

mid all i*s agents, officers, employee, aini memlim of lisc 'Medical Staff from fluy and ail liability in answering inquires from Memorial Hospital regarding my professional and personal work record while a member oftne medical siaffat the ji^lSiLM<>S|)itL

S i g n e d By: _ . . 1 / ^ ^ H ^AHfrfetVl

/W

//

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S. S -

Jewish Hospital 00131

.. Memorial Hospi

PEP-IJ-SS

FR! 3:08 FM

PI/MEDICAL STAFF
Document 116-6 Filed 02/04/2008
-?'.'/ West lipicm Strett

,
Page 12 of 25
h

Case 1:05-cv-02791-LW

-'

Seymour, Indiana 41774 Phone 8J2 322*234

Memorial Hospital
Immy i\ J99fl

hwiAi Hospital Residency Bepmmtmt 3200 Bumet Avenue ClswnriftfSj Ohio RE: Dr. Edward /Wired Patrick SS; 23456-8S( DOB: 1Q/07/47

i>3X 'Uf:-

The above named physician has applied for Locum Tenen p r i v i e s In Emergency at our hospital

S n J v l ^ S c h 5 " ^ ^ i9?6?hf5USh i9?a l i 5 ^ **thb***********'.

Stf
a

eciatd

verification of that statement Aiso. p l e ^ 60 b the attached questionnaire

Becky A. Thomas Medical StaCoo?diat6f

oiiclosures

Jewish Hospital 00132

'TB-

-QQ

no PM Case 1:05-cv-0279'1-LW

B!

QTH-E

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^ 0

TO TKB BEST OF YOUR ABILITY, WOULD YOU PLEASE ASSIGN A RANK TO THE FOLLOWING CATEGORIES REGARDING: .MMMmMMmiMMm^M^^ I Unable to assess 2 Poor 3 Fair 4 Good 5- Superior
* 4 * + f + + + J .1 J. .;, * * $ -,:[:,;. ,;., .... * f, v ,, * *

b)

c) d) e) h) ,0
.:

CiipioaJ knowledge Professional judgement Seniiy of responsibility

TAfticai skill

e)

Cubical competence Cooperativeness mi ability to work with hospital percomiel sd medical staff Timeliness of medical records completion Pauent management^ Ph> tysician-patl^nt relationship Participation in staff activities' " y i .oiYow knowledge does the applicant have any physics] or mental health problems Ahidi i^id possibly effect his ability to exercise clinical privileges? Yes No To iT test of your knowledge, is this applicant addicted 'so fheuM of any drugs ^aVorskuho!? Art you sware of any &cts regarding the applicant wbbh causes v 0U to hesitate in any way in recommending reappointment to our staff? Yes No Length of time you have known appKewtt.

HOMMNllA'ilON: A, Recommend highly without reservation ft. Recommend as qualified &M competent C. KeoofflmcfKl with some reservation
iL i^jj ci>fBien*

Ei

l>o mi recommend

ADDITIONAL COMMENTS:

Datt

Tiife Ctadaaa'i, Ohio laiengest)' Medicine Besldeaey VerifScattoti

Jewish Hospital 00133

Memorial Hospital

? M Pl/MEP Case 1:05-cv-02791-LW

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i:

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MUlbH HOSPITAL 'I it's ^ptsis, officers, ^nnIoy??s sad member* Qi'ihe Medical Staff(torn any mti ml ^mw- h g kiquku from Memorial Hospital regarcllog my professioas* ao '^;i -ni wJiJl, *, member of tita medical staflf at 4i*c _,. _ _ ..._ ^iEWISJUHospital.

U)
S >::? f.*v;

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...:

-~\
f l * f ]

Jewish Hospital 00134

Memorial iiospits

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DEPOSITION EXHIBIT 15

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p. 2/3

MAR 7 ' 9 8 1 1 : 1 3 H I ! ALLIANCE COI1M HOSP

H l i p 1 Community L ^Ir JHcspital

At The Heart Oi She 264 East Rice Street Alliance, Ohio 44601 :U0j 829-4600 Community

fuiiaiice

March 27, 1998

Jewish Hospital of Cincinnati 5200 Burnei A.vemie Cincinnati OH 45229-WJ9 TO WHOM IT MAY C0N( lik f * T fiJC: fcdwarri A Patrick, M.V., Ph.B, *SN: 234-56-886? >OB: iO/1/41 the practitioner iisied above has applied for appointment to our facility. e we can process tins application further, we require verification or completion of the mowing infoimauon regarding the apphcafs educational experience at your institution' c<u aduated: inclusive Date of Attendance: Degree: The prawuiorv i s consent lot release oi information and a return envelope are enclosed for vour convenience, i hank vou jor vour timefy response to this morirv
'.nicer

i^a 9/1/76 to 8/31/78

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Jewish Hospital 00123

Affiliated wiih, Alliance Hair Hsai'f! Care

Case 1:05-cv-02791-LW

Document 116-6

Filed 02/04/2008

Page 17 of 25

DEPOSITION EXHIBIT 18

Case 1:05-cv-02791-LW

Document 116-6

Filed 02/04/2008

Page 18 of 25

June 26, 1998

Gracie D. Jones Administrative Assistant Betsy Johnson Regional Hospital P.O. Box 1706 Dunn, NC 28335-9982 RE: Edward A. Patrick, M.D. Dear Ms. Jones:

If I can provide additional information please do not hesitate to contact me. Sincerely yours,

Michael W. Bowen, R.N.,P.A.-C Administrative Director Department of Surgery MWB/mkr

Patrick

Jewish Hospital 00104

ase 1:05-cv-02791-LW

Document 116-6

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Page 19 of 25

Jetsy johmon
R E G I O N A L H O S P I T A L

June 9,1998

Director of Internship/Residency Program Department of Emergency Medicine Jewish Hospital 3200 Burnet Avenue Cincinnati, Ohio 45229-3099 RE: Verification of Internship/Residency Edward Alfred Patrick, M.D. Dates: Internship: Rotating 1975-1976 Residency: Emergency Medicine 1976-1978

Dear Doctor: The above-mentioned physician is applying for Medical Staff privileges in the specialty of Emergency Medicine at our Hospital, and we need verification that the above information is correct. Please advise if there is any adverse documentation related to quality of care rendered patients or this physician's professionalism during his training at your institution. A release of information form is enclosed and a copy of the clinical privileges he is requesting. Please review these and verify if he successfully completed these skills during his internship and residency. A self-addressed and stamped return envelope is also enclosed. Your assistance in helping us process this physician's application is greatly appreciated. Sincerely,

Gracie D. Jones Administrative Assistant gdj: Enclosures

ist Office Box 1706 Dunn, NC 28335-1706 910 892.1000 Fax 910 891.6030

Ajfimied withWa\(dMed

Jewish Hospital 00105

FR0M :

PHONE MO. :
e Document 116-6

JUN. 18 1998 09:34AM P7

J u n

Case 1:05-cv-02791-LW

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Page 20 of 25

g
A Community Of Coring. sh^ono Bro^fACHE
Prwicsni

BETSY JOHNSON REGIONAL HOSPITAL

RELEASE OF INFORMATION

By making application to Betsy Johnson Regional Hospital, Inc., I hereby authorize the President or his representatives tc make .an inquiry of any of my references and institutions in which I have been enrolled or by whom I have been empfoyed. extended privileges, or applied for privileges as to my qualifications. I also authorize Betsy Johnson Regional Hospital to query The Federation of State Medical Boards of the United States, the National Practitioner Data Bank, and the North Carolina Medical Board to request information regarding me. I further authorize any of the above persons or institutions and their agents to forward any and all information their records may contain and agree to hold them harmless from any action by me for their acts or communications. A photocopy of this shall serve as the original.

Applicant's Signature

Print or Type Applicant's Full Name Edward Alfred Patrick, M.D.

Jewish Hospital 00106

Case 1:05-cv-02791-LW

Document 116-6

Filed 02/04/2008

Page 21 of 25 P . O S

3ET5Y JOHNSON MEMORIAL HOSPITAL, INC. CORE PRIVILEGES - Emergency Medicine: ' hereby request Core Emergency Medicine Privileges as follows: Privileges include being able to assess, work-up, and provide iniriaJ trcairnenr to patients who present in the D with anv illness or injury condition, or symptom. An emergency physician is expected to provide those services necessary to ameliorate minor illnesses or injuries, provide stabriiaac. treatment to patients presenting with major illnesses or injuries and to assess all patients in order to determine if more definitive services' are necessary. " " Privileges do not include provision of definitive long-term care for patients 00 an inpanent basis. No privileges to admit or perform scheduled elective procedures (with the exception of procedures performed durine routine Emergency Department follow-up visits).. Consultation is required tor ail patients presenting with major trauma, cardiac, or psvehiatric iiincss Consultation also required for ail patients admitted to the institution 2Core Emergency Medicine Procedures: _ . *^~~ Endotracheal intubation. nasaJ/orai Cricorhyrotomy Neuromuscular blockade Mechanical ventilation Percutaneous transtracheai ventilation _ Local anesthesia Regional nerve blocks 1 ^ ^ Cardiac massage, open-closed Cardiac pacing, extemal/transthoracic ^Cardioversion/defibrillation CarcH'opuimanary resuscitation Becirocardiography Anhrocentesis, large joint

-2-

Jewish Hospital 00107

Jurj-j

Case 1:05-cv-02791-LW . Document 116-6 NOFiled 02/04/2008

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Page 22 of 25

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BETSY JOHNSON REGIONAL HOSP.TAL. INC. CLINICAL PRIVILEGES PRESCraaNG/OROERlNG OF MEDICATIONS

PHYSICIAN'

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No fatobn

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p^enw^/ortenng medicate,

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M r h r o m o o i y t i c Therapy [ I [ J Radiological Preparations Nuclear Medicine Preparations

12/94, R01/98

Jewish Hospital 00110

Jwn

Case 1:05-cv-02791-LW

Document 116-6^^s Filed 02/04/2008

Page 25 of 25

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S O N R e G 1 0 N A L H o s p | T A L

!NTERPRHTATf0N

CLINICAL PRIVILEGES FCARD; OPULMONARY

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*CCEDURe s

PHYSICIAN;

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Jewish Hospital 00111

Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

Page 1 of 20

DEPOSITION EXHIBIT 19

Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

Page 2 of 20

The Jewish Hospital

Health Alliance
Creighton B. Wright, M.D., F.A.C.S. Director Michael W. Bowen, R.N., P.A.-C, Administrative Director July 16, 1998 Sonia F. LtncOak Medical Staff Services Columbia Northwest Medical Center P.O.Box 1089 . Russellville, Alabama 35653 Re: Edward A. Patrick, M.D.

Department of Surgery 4777 E. Galbraith Road Cincinnati, Ohio 45236 513-794-5474 513-794-5471 (Fax)

Dear Ms. LineOak: Edward A. Patrick, M.D., served as a "flexible intern" with emphasis on surgery from September 1 1975 through . August 31,1976 here at Jewish Hospital. Our records do not indicate that an Emergency Medicine Residency or specialized Emergency Medicine training was received here at Jewish. If I can provide additional information please do not hesitate to contact me. Sincerely yours,

ILU
Michael W. Bowen, R.N..P.A.-C. Administrative Director Department of Surgery

MWB/mkr
patl

Jewish Hospital 00099

Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

Page 3 of 20

Columbia Northwest Medical Center P.O. Box 1089 Russellville, Alabama 35653 (205)332-1611

RESIDENCY VERIFICATION

Dear Sir: The above named physician has applied for Medical Staff membership and Hospital Privileges at Columbia Northwest,MedicaI Center, Russellville, Alabama, to serve in the capacity of

^ a y g y Afcti&J&j /fart/dtfaj
/y?g to /97P g[ a t ^ u r facility.

___.

To enable us to complete our credentialing process, please supply us with written verification that he/she has been aResident in the Department of W ^ p r y y . /^>^frnm

Thank you in advance for your prompt reply to our request. Sincerely,

Sonia F. Liveoak Medical Staff Services

Jewish Hospital 00100

Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

Page 4 of 20
Page?

f S S S , ' ^ ! & J r d e n f ^ d u c / ^ a d e f ? u a t e " ^ * ' " h f A P * t o , of my qualifications. I also agree 2 ^ S D S 1 ^ T ^ ' / ^ a t o n regains a questfom contained In this application as such information become., available and prevent my application for appointment from being evaluated and acted upon. coSZt2-nnn /*mChfd I0 m * * * * * * i s accurale ar>d c^Plete fD '"o * * of nv knowledge. I fully understand and agree that as a cTuTtoluomJrSjW^f?' ^ s r e a t o " " S t e r n e * /, or omfes/on from it, whether intentional or not, shall constitute apnoLmJoro^^ Z t ^ I ' T 1 * ? f ? P f a t o I - resu^ *> d e ' <* a p p a r e n t and cMca/ privileges. In the event that

If granted appointment and clinical privileges, I accept the following conditions:

A ] an and a 'sT^JTr^itQ' d re'eaSe.imm " 'iatWl> the faCi!ity>i,s ^orized representatives and any third parties, as defined in oieciw < _ , sale;;-, for any sets, communications, rscorr,rr-endst!ans o,- dSse/hwusM fauniuhvt . -,-,X, i __ ,j received by this facility and its authorized representatives to, ^ ^ ^ ^ , ^ ^ ' ^ S S ^ J S ^

2 , Z T d T s c i o Z n % l n T!lH9S ? SUSpenS'0n % rfuc!ion < c,/ "'" ca ' f * * * * or lor denial or revocation of anointment, or any other disciplinary action, 4) summary suspensions; 5 hearings and appellate reviews; 6) medical care evaluations 7i utilization PWsfional qualfications, credentials, clinical competence, character, mental or emotional stability physical condition ethics or

B ) I specifically authorize the facility and its authorized representatives to consult with any third party who may have information includina otherwise pnvileged or confidential information, bearing on my professional qualifications, ^ 2 7 ^ 1 2 character rnn?J Z 'T' ^ " T P * y S ' C a ' Cndition- e,hics' behav,or < V * matter bearing on my satlstcZofme cnterTaor documents, recommendations andlor disclosures of said third parties relating to such questions I also specifically authorize said third s ec ca m,rd parties toreleass said information to the facility and its authorized representatives upon request P '" "> / authonze sa,d
J

JUllT T ^

1 ^ & ^

T* * ^

au nonzed

representatives" means the facility or facilities to which I am applying for appointment (herein referred t ^ ^ T Z Z S X 2 ! *
f r

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r ^

niTcreZlltZ^pon

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^ ^ ^ T" m y c o o t o " * d (temonsfratfon of professional competence and cooperation my t e n c M ' ^ wftrassftw. freafmenf and conftioous ca/e a n d supenwibn of paffenb /or whom I have re atedt t ^ ^ 1 ^ ^ ^ ' ^to, as we,, as other Lors tJS'g>Ja

ZeSllarTc l l l t ^ M ' '^*ff ? ^ ' ^ and mtes and reffu/atos offteS staff p r e s e t / fofce. , pol,c es ec ves a S ^ d S ^ ^ i V j S i S ^ ' '^ " " < " ^ ^ regulations as are in force, and as they may hereafter be amended, during the time I am appointed or reappomted to the medical staff or exercise clinical privileges at the facility i S S 2 ^ , S f f i S 2 i ^ LffiS^ a9me t0: (1) Fefrain fmm 1ee-spmn3 <* ** inducements related to patient S dtoJStoStt^aS^KSt E fS^S r are. of h ^ a ' ^ d P^ts to any other practitioner who is not Sn adB( fe s ervis practitioner omvldZ t S S T * ^ ' ' " ? ^ "P ^ (3) refrain from deceiving patients as to the identity of any Priding eatment or servtces; (4) seek consultation whenever necessary or required; (5) abide by generally recoanized S K S T Z t n d l l l V s ^ r
9 1

aSS,Qnment

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APPMCANTS SIGNATURE

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Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

Page 5 of 20

Columbia Northwest Medical Center P.O. Box 1089 Russellville, Alabama 35653 (205)332-1611 INTERNSHIP VKRTFICATTON

"$fy p. mi
7

mzmy*

4m

J&WH,

Re: &fom.d; A
Dear Sir:

Zhfcj A^(L

The above physician has applied for Medical Staff membership and Hospital Privileges at Columbia Northwest Medical Center, Russellville, Alabama. To enable us to complete our credentialing process, please supply us with written verification that he/she completed his/her Internship from /y'7& to /^2S at your facility. r 7 f<^ Thank you in advance for your assistance in helping us evaluate this physician's Medical Staff application. Sincerely,

Sonia F. Liveoak Medical Staff Services

Jewish Hospital 00102

Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

Page 6 of 20

DEPOSITION EXHIBIT 20

Case 1:05-cv-02791-LW

Document 116-7

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Page 7 of 20

Alison County Hospital & Skilled Nursing Facilities

Carolinas HealthCare System

July 27, I99S Program Director - Rotating Internship Jewish Hospital 3 200 Burnett Ave Cincinnati OH 45229-3099 Ref: Edward Patrick, MD Dear Sir or Madam; The above referenced individual has applied to Anson County Hospital for Medical Staff Appointment and clinical privileges. (S)He states in his/her application (s)he served an internship at your hospital. Before we can process this application further, we must have verification of this. Sincerely, :ol M. Williams, RN Director of Professional Services

EljxkLdliSuLid
Type of Internship

Date Completed

g & Title

dLhJLk

Jdsi Jtft
Dat/ q^verblf ication

Mail to;

Anson County Hospital and Skilled Nursing Facility

500 Morven Rd
Wadesboro NC 28170 Phone #: Pax #: 704-69S-3380 704-694-2934

THE OHIO LEGAL BL4NK CO.. INC.

DEFENDANT'S EXHIBIT
^ ^

^2^

tlWJ*Wl.l.l!II.IMfc^

Jewish Hospital 00097

Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

Page 8 of 20

Anson Comity Hospital & Skilled Nursing Facilities

CaroiirciS HealthCare System

July

27,

1993

Program Director - Emergency Med. Jewish Hospital (under Dr. H. Heimlich) Ref: Edward Patrick, MD Dear Sir or Madam: The above referenced individual has applied to Anson County Hospital for Medical Staff Appointment and Clinical privileges. {S)He states in his/her application (s)he served a Residency at your hospital. Before we can process this application further, we must have verification of this.

Sincerely, Carol M. Williams, RN Director of Professional Services

ft Title 4

A,

Data o f i Vertification

Mail - Anson County Hospital and Skilled Nursing Facility 500 Morven Rd Wadesboro NC 28170 Phone - 704-695-3380 Pax - 704-694-2934
Jewish Hospital 00098

Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

Page 9 of 20

DEPOSITION EXHIBIT 23

Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

Page 10 of 20

The Jewish Hospital

Health Alliance
Creighton B. Wright, M.D., F.A.C.S. Director Michael W. Bowen, R.N., RA.-C. Administrative Director

Department of Surgery 4777 E. Galbraith Road Cincinnati, Ohio 45236 513-794-5474 513-794-5471 (Fax)

January 4, 2001

Patricia L. Swiz Medical Staff Coordinator Deaconess Hospital 600 Mary Street Evansville, IN 47747 RE: Edward A. Patrick, MD Dear Ms. Swiz, Edward A. Patrick, MD served as a PGY-I Flexible Resident here at Jewish Hospital from September 1, 1975 through August 31,1976. Our records do not indicate that Dr Patrick served an Emergency Medicine internship while here. Please do not hesitate to contact me if I can provide you with additional information. Sincerely yours,

Michael W. Bowen, MA, RN, PA-C Administrative Director, Department of Surgery MWB: mcz

THE OHIO i ncm ra ANK CO TNC.

DEFENDANT'S EXHIBIT fc3-s4

CLEVELAND. OHIO 44 fi)?.,

^
Jewish Hospital 00080

Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

Page 11 of 20

December 14, 2000

Jewish Hospital of Cincinnati 3200 Bumet Ave Cincinnati, OH 45229 Name: Edward A. Patrick, M.D. Program: Internship - Emergency Medicine Dear Sir/Madam: The above practitioner has submitted an application for membership on the Medical Staff of Deaconess Hospital, Inc. The practitioner indicated that he/she participated in the above program at your institution from 06/01/75 to 06/01/76. I would appreciate receiving verification of dates of the practitioner's participation and completion of your program; an evaluation of his professional abilities, character, ethics and working relationships with other practitioners and patients; information regarding any action, completed or pending, regarding denial, revocation, suspension, limitation, non-renewal, or ' voluntary withdrawal of the practitioner's participation in your program; and any other comments you feel would be helpful as we evaluate the application. Thank you for your cooperation. If you have any questions regarding this request please contact me at 812-450-3339. Sincerely,

Patricia L. Swiz Medical Staff Coordinator Enclosures

600 Mary Street

Evansville, Indiana 47747 www.deaconess.com

812/450-5000 Jewish Hospital 00081

Case 1:05-cv-02791-LW

Document 116-7 R Filed 02/04/2008ILI"Page 12 of 20

Evansviile, Indiana 47747

in making application for appointment to the Medical Staff of Deaconess Hospital, Evansville, indiana, I acknowledge and agree ,o the following-

1 Z

X SfctTnd ZX\TJJZ r e s X S ^ upland

LKffi S S S S patients when I am not available.

SfSiS M e d i c a l staff By,aws and by ,he Ru,es and *Mf ^ ^*-

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lf

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reSp0ns,Dl ty

'am

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a n admittin reaS

t0

S^

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f0r

* ' * -

9 physician, to prov.de adequate and appropriate coverage for my ' P " * " - Shall be assigned to me by the appropri-

'

S S i 9 n m e n t S 3 n d SUCh

ther

nab,e

dU ieS a n d

4. I agree to appear for personal interviews in regard to this application

'^tS^SSSiSL'SS^ '

h0SPitai 8 n d m e m b B r S

f ^

M9diCal Staff

i n S p e C t *

* d ~ t s f r o m m yp r e s e n t

SSt B y S ^ K r a ? ^ " S* i n t h i S a P P N C a t o n ^ * t h e M e d - ' Staff c ete resolving any doubts about such quS'ications I S e T h 1 l^! 7 P f character, ethics and other qualifications, and of 9 given in this application are factual and Sue and mat f anv S a S ^ m S f ^ ' ^ 3 " ' h e s t a t s m e n t s m ^ d e and information made from this application, said " < ^ ^ S S S S 9. I agree to update my application with current information, when necessary.

10

d PriVi,eg 6S ' l ! S S S ^ * 2 ^ ; i " 2 b e C n S i d Q r e d W i , h r e f "y ^ ^ present disability t of my provision of P l e K T U ^ - V - M Jtoperform "an essential par? asked further questions on my physical and mental health i l l M> f membership and privileges is made. I will then be Physical and/or mental examinationand any J J L which m L be o Z S l ^ ^ f T * 1 0 ? 1 r e C O r d s a n d / o r b e r e ^ u i r ^ to undergo -is to protect patient safety. * privileges which may be offered may entail restrictions imposed as reasonable accommoda,

"'

fiWSKll^^ application for Staff appointment be adverse provideda w r i t t f l n l L 1 q the initial determination by the Executive CounciL
P recommen<Jati

>,"
UCh

orant or deny my application for initial Execiihve Council, should a decision regarding my h e a n n 9 IS m a d e w i t h i n t e n d a s f o , , o w i n * 9 receipt by me of
S t J

M e d t S r ^ ^ the activities related to:

'

representatives of the hospital, including members of its r disclosures performed, made or received in good faith, concerning

1. Application for appointment or clinical privileges, including temporary privileges; 2. Periodic reappraisals undertaken for reappcintment or for expansion or limitation in clinical privileges; 3. Proceeding for suspension of clinical privileges or revocation of Staff membership; 4. Summary suspension; 5. All actions affecting .he privileges or status of a Staff member and ,he hearing and appellate review procedures relating thereto2KSS*
P a r , m e n t a

'' "

mmittee

aC,iVJtieS C

ndUC,ed

UndSr h

S p i t a l aUSpices

relati

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t0

^ . i t y of patient care or my profes-

7. Release of information to other medical institutions regarding my professional qualifications or competency

qualifications for Medical Staff a p p ^ t Z ^ S Z ^ S ^ S l ^ S ^ ' 2SL * ^ H e ' h i C S ' m 0 r a t i n t e g r i t * c h a r a c t e r a n d o t h e r hereb the reteaseof K S S of ^the Credentials r-nmrninQQ ~n*i~.r .u ? * >to IB laeaie ui such sucn information iniormation to to C me Una rman " ' W I ' ' ' "oicuy twrawru and/or the President of the Medical Staff. Credentials committee and/or the appropriate Department Chief of the Medical Staff

Date''

Signature or-Staff Applicant

F 3409 (SW9

'

'

Jewisli Hospital 00082

Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

Page 13 of 20

DEPOSITION EXHIBIT 24

HTK.li'.tMldl

1:39PM

NO.312

P. 1/7

Case 1:05-cv-02791-LW

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Page 14 of 20

4l7Thii Av=, P.O. Box i s

Piane (512)312-1403

To:

innr^. Iboflu&l*<

fe,,v^

F^
Date: Pages;

lSl5)kttUS4iQt

From;

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*e: ffitMP&^^Ltfl^Bk^
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TW& uoic,

EXHIBIT

Jewish Hospital 00074

A F .

iKJZJl.

NO.312

P.2/7

Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

PHOEBE PUTNEY
MEMORIAL HOSPITAL
April 17,2001

Page 15 of 20 MEDICAL STAFF

SEM 1 BY FAX - (513) 686-5469

Jewish Hospital - Kenwood Attn: Mike Bowen, Dept. of Surgery 4777 E, Galbraith Road Cincinnati, OH 45236 ^ : Edward A. Patrick, M.D., Ph.D.

Dear Mike: We have received an application from the above-referenced physician for locum tenen privileges in the Department of Emergency Medicine. The physician stated on his application that he served a Rotating (designed for Emergency Medicine) Residency from 1975 to 1976. Please verify tins physician's completion of training as soon as possible and faxine to Som'a Hendley at 229-312-1405. Sincerely,

0
George M. Chastain, ID, M,D, Senior Vice President/Medical Affairs GMC/ssh Attachment

417 THIRD AVENUR / P,o. Box 1828 ALBANY, GEORGIA 31703-66801

912-889-2403

#VHA
United (o improvs America's Health

Jewish Hospital 00075

NO.312

P. 3/7

Case 1:05-cv-02791-LW

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Filed 02/04/2008

Page 16 of 20

PHOEBE PUTNEY MEMORAL HOSPITAL Albany, Georgia CREDENTIALS COMMITTEE QUESTIONNAIRE TO; RE: Jewish Hospital - Kenwood Edward Patrick, MD Verification of Postgraduate Training: a. Dates of jtotemsMpflkaldency/FeJlowship: b. Type of totsmsbip/Residcncy/Fellowship: Verification that applicant successfully completed Internship/Residencv/Fellowship:
2. 3. 4.

From: 1975 To: 1976 Rotating - Emergency Medicine Yes No (IP NO, PLEASE EXPLAIN) Yes Yes Yes Yes Yes Yes Yes Yes Yes No No No No No No No , No No Don't Know Don't Know Don't Know Don't Know Don't Know Don't Know Don't Know Don't Know Don't Know

Doeg/did he/she work well with other members of your department? Does/did he/she participate willingly and actively in departmental affairs? Does/did he/she relate well and in a professional manner vyiffi members of the hospital employee staff and administrative stag? Does/did lie/she enjoy professional respact among his/her colleagues and in the hospital where he/she trained? Did you personally ever have reason to question his/her medical/sureical competence?

7.

Have you ever heard of concerns expressed by the members of the department or anyone else over the quality of his/her practice? Has he/she evertostany admitting or credentiaied privileges because of either competency or administrative problems? Does he/she have any physical or mental illness that interferes with his/her professional performance?

3.

10.

Does he/she have, or has he/she had m the past, any personal problems (ft, example, drug abuse or alcoholism) that interfered with his/herr practice :or in the hospital? Are you aware of any sanctions or disciplinary actions being taken by anyone in your training institution against him/her for poor medical practice? Has he/she been absent for more than one consecutive month during his/her period of training? Has he/she requested any privileges on the attached formforwhich you feel he/she has not been properly trained? Can tliis practitioner safely and effectively administer conscious sedation per protocol? Do you feel we should discuss this applicant by telephone? Additional comments: P)\Vf fUfirJl \to^/*6 _

II. 12. 13. 14. 15. 16.

Yes Yes Yea

No No No

Don't Know Don't Know Don't Know

Yes __No _ D o n ' t Know ) $Ar\,U

Wo^s$e&ty | V ( A ( r f L / 7 Y N U * / A. T A C W

^prvHtl

k&Wj i4f\' rvgvg HhJTr 4AW}A r/3/fr(>>

ii{

7
lA.

r o
Jewish Hospital 00073

RPR.17.2001

1:39PM

'

NO.312

P.A/7

Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

Page 17 of 20

Applicant's H i m C O B m a e v : Wei. I CAT I OH!

~"--J

fly applying W t i n Nedkol S t i f f q f Phoeba Putney Manorial Hospital. t hereby; egthorfit tha Hoflpitit, i t s (1d[col scoff and (heir representatives I D cpnsutc with my prior and current a*eae{atea and other >4ia n y hove information bearing oh By professional ccupeterice, character ( health status, ethical qualification* end ibilifcy to work wwpbfilllvily with others, and other qualification*; coreunt to prayiri* for the inspection bv the; Hospital, its Hedfc^l staff and their peprentat(vM of all docutents that mv be material to an Evaluation of (ty quiliflentiam and-competence; consent to the release of such fnformatfcn;. ralewq from liability i l l raprsaanciitlvra of the HaepJesL and its staff far their let* performed nd statmmw nude in seat fnith utid without maliae in connection ulth evaluating n s y uppKcnclan and m y credentials and tpnllfitJilfarai release from liability any ard oil indlVioWa.end ErganliBtkn.u,lw.provide Infemation to the Hospital ac the NMffMl Staff, In OBcd,faith srd Mltfiour (naUca concerning m y professional conpetence, ethics, character and.other-fj|"l(f}itiflrvj; ogri to |ii tuund by the tirim of the Dyleks of the Hidleal Staff and of the Hospital, and alt other manuals aH policies releyent C o c l l r | i l practice- eC the Hospital, In ell ratters relating.to consideration o-f m y application far tanporery privileges ind tha exercise of those privileges; 3knaw;*dg* chat the provision* a* said Medical staff sylflWB relating to confidentiality and release ffdai liability are express condition* ta rny appllEntfun For, end a*areise af, (Hn?orary privilege; pledge to naintain an ethical practice, to provide for continuous car* for m y patients, and ta refrain fran delegating the reiporafbiITty for car* qf d r y patients C o any practitioner not qualified

ta undertake that reananaiBrllty; _

nyret to Inform the Medical Staff. President or cheChlaf.Exseutive Officer of any shangs wade or proposed in tha status of ny professional license nr permit to practice, DEA registration, pmfaaaionol ( [ a b i l i t y insurance coverage, and ffianttrihip/enployiMntyfaeOlty.atStua op, eilm'eal, privileges in other IrwsltUtidnWfactUtiffl^ araaniiatlana, and an the status ot-eurrent or (ftftjattaq of new malpractice claims: acknowledge that J have the burden, of.predjeirfl, adequate information, for a proper evaluation of iny professional, ethical and other qualif icatfons for tfflporary privilenea end for n i o l v i n a m y doubts about such qualifications,'

acknowledge that any material misstetenwrti In or omissioni from thii application constitute sauae for denial or sunwry tennfrwrtinn of privileg,- and
BElmoultdac that (He aramfng of twporary privileges i t a courtesy an the part of the Hospital nd (Hat the dwiiel, raatrlcttan or arminatien of auch prlvllajee decs pot e n t i t l e me to any procedural rights provided In the Dylawe of the Medical Staff or Hospital, ex=tpi under aireun*tina where such dctlon Is reportabla i r d t r the federal Health Care quality tiaprobanent Act. All Infdttiarlon submitted by- in this application Is true to my beat knowledge and belief, ft photostatic copy af this original statement eenitftutee ny written autharlntion and request to release any and a l l docinantatlan reQirding efila application. 51tl phatoststlc copy i h i U have the laiw force end of feet u the a i e n d crlfllnal.

ORTf '

WflNATUNE

Jewish Hospital 00076

N 0 _312

_5/7

Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

Page 18 of 20

PHOEBE! EdTNEY MEMORIAL HOSPITAL -Albany*.Georgia "~-*%

CUtTCCAi PRIVILEGES - - EMERGENCY HEDIGlflE

NAME

TIKE PERIOD COVERED 1, QUAllFICAHONS Board certificationfay,or current -active.participation in ch examina tion process leading to ctif lean ion by, the. American Board of! Emergen cy Hedicinas or, successful.completion of an approved residency program in other ehaii-emergency medicine and currant ACLS and ATLS coccifica^ cion, In all instances, thora must b currant demon*traced competence and experience in the privileges laquastad ft>r pacienca of all age groups. 2. PRIVILEGES REQUESTED AMD GRANTED Tha fDlloving r e q u e s t for and g r a n t of c l i n i c a l p r i v i l e g e s i= done v i c h the undcxstandittE'that; i n - t h e - p r a c T i i c e of emergency medicine . s i t u a t i o n s nay occur eljat out of n e c e s s i t y r e q u i r e the u t i l i z a t i o n of s k i L l s / d i a g n o s t i c or t h e r a p a u t i q -proa*dur3/teehriiq\ioj char,- a r e n o t included be low. Each item must tin checked "yes" or "no a t i t w i l l be considered a n e g a t i v e tespon^e, GRANTED YES N O Anoscapy L ^ A r t e r i a l catheter: i n s e r t i o n Arthracentesis Central vnoii3 pressure monitor i n s e r t i o n Culdoce-ntesia t^> Latyngoscopy; lumbar puncture [Uaiogastric intubation Paracfintesia (cont'd) d i r e c t , indirect,, fiberoptic DIAGNOSTIC r-ROGEDURES/rECHNiqUES

REQUESTED YES ^ N O

W
1/

iS
t/ l/

Addj, t i o n s / E s e a p c i o n i / L i m i ta t l o n a :

Draft 04 12/07 Jewish Hospital 00077

i-irtK. i { . c\OiM

1-4WKP1

NO.312

P.6/7

Case 1:05-cv-02791-LW,

Document 116-7

Filed 02/04/2008

Page 19 of 20

EMES/2 of 4

CLINICAL PRIVILEGE--EM^Bly^CY MEDICINE

NAME
TIKE PERIOD COVERED 2.

JJUXUX k. tk
X"
PRIVILEGESffiEQUESTEDA E T O GRANTED ( c o n t ' d )

kS^j^Jl

REQUESTED

GRANTED

DIAGNOSTIC' PROCEDURES /TECHNIQUES (cont'd)

YES
L ^

NO

YES

KG
'PrtcjtrdlocBTitBsis PaiicoMaL lavage; nique Thoiacuntaflia THERAPEUTIC PROCEDURES/TECHNIQUES Local analgesia Trocar maehod or open tech

C^

L^

50% nitrous cci,d* analgesia Rational IV analgesia. (Bier) Regional narva blocles: faaial, peripheral Cricachyrocamy Incubacioti: EOA/EGTOA, nasaetachfial, oral intarcoaAcai, oro-

L^

Mechanical ventilation Percutaneous transtracheal ventilation Tracheo^tony tfasai packing -- antectar/pastsrioc

iS
> '

Autotransfusion Blood component transfusion therapy cantraL venous access; femoral, jugular, subclavitm, umbilical, tnterosaooua (cont'd)

Addlcions/Exeeptions/LiniCations:

Draft; #4

12/87 Jewish Hospital 00078

i-irrc. i ( .cxmi

\.'tv&Yv\

NO.312

p.7/7

Case 1:05-cv-02791-LW

Document 116-7

Filed 02/04/2008

Page 20 of 20

EWER/3 of 4

CLINlCAL_ERTtflT-CES-D^CDTCt .MEDISIttS NAME _ _ .

M

TIKE PERIOD COVERED Z. PRIVILEGES REQUESTED AND GRANTED ( c o n t ' d ) THERAPEUTIC ERQCEUURES/TECHmQUES

REQUESTED

GRANTED

(cont'd)
YES N O YES NO

T7
IX
l/

Peripheral venous/arteirial cutdovn Svan-Ganz cafchete;* insertion FraeCura/dislocation Immobilizacion and redac tion techniques Cardiac pacing: vonous exceroal, transthotracic, trans-

tX"
uX

Cajrdigvarsitpn (synchronized cauncershock)

Temporary insartian of pacemaker Thotacoscony ThoEilCQfcamy Skin grafts CL*>***&*~<<^

tX

p*livry of newborn, normal or breech

Add!Clous /Excepfcions/Liaifc*tioos:

3,

AClQloaLEIWMEHT of PRACTITIONER t understand t h a t : (a) In ?EciainE any c l i n i c a l privileges granted. I am constrained by any Hospital and Medical Staff polUlM *nd rules applicable genara l l y and any applicable co rhe parctculac atcuaciotv.

In any U f a ehieacenlng gicuacion, I am expected co perform whatev er diagnostic and eherapautlc procedures are appropriace Co ie p a r t i c u l a r ease l,**\ -Pate * / Signed.

(b)

_cJwi^/yj

DrafC P&

12/87 Jewish Hospital 00079

Case 1:05-cv-02791-LW

Document 116-8

Filed 02/04/2008

Page 1 of 18

DEPOSITION EXHIBIT 28

Case 1:05-cv-02791-LW

Document 116-8

Filed 02/04/2008

Page 2 of 18

The Jewish Hospital

I kuilllt Alliance Department of Surgery 4777 E. Gaibrailh Road Cincinnati, OH 45236

TELEPHONE NUMBER (513) 686-5474 FAX NUMBER (513)606-5469 CREIGHTON B. WRIGHT, MD, FACS DIRECTOR, DEPARTMENT OF SURGERY MICHAEL W. BOWEN MA RN PA-C ADMINISTRATIVE DIRECT OR.DEPARTMENT OF SURGERY

FAX COVER SHEET DATE ; TO

ijisk
JyUjLfL^ ^M4zJzill^lll2L

FROM: FAX NUMBER:

NUMBER OF PAGES" Q (INCLUDING COVER SHEET)

n o l l L thai n S ^ n S S ^ S S Z may be considered a 1 S ! !

e ntenUetJ recifjie 1 f * l 5l " " ' ^ afC " * ,le,l er i , , t e n d e d nor ^ ' " f^nnissibfe and

Jewish Hospital 00054

Case 1:05-cv-02791-LW

Document 116-8

Filed 02/04/2008

Page 3 of 18

The Jewish Hospital

Health Alliance
Creighton B. Wright, M.D., F.A.C.S. Director Michael W. Bowen, R.N., P.A.-C. Administrative Director September 25, 2001

Department of Surgery 4777 E. Galbraith Road Cincinnati, Ohio 45236

5

513-686-5474 ' 3-686-5469 (Fax)

Rhonda Regan Credentialing Specialist Vista Staffing Solutions 675 East 2100 South Suite 390 Salt Lake City, Utah 84106 RE: Edward A. Patrick, M.D. SSN# 234-56-8867 Dear Ms. Had ley: Edward A. Patrick, M.D. served as a "Flexible Resident 1" here at Jewish Hospital from September 1,1975 through August 31, 1976. There is no documentation in his file to indicate that he obtained residency training in the Emergency Medicine Program. Please don't hesitate to contact me if I can provide you with further information. Sincerely, )

Michael Bowen, M.A., R.N., P.A.-C. Administrative Director MB/jmt

Jewish Hospital 00055

SEP 24 01 10=45 FR UISTfl STAFFING SDLU

801487819? TD 15136865469

P.02/03

Case 1:05-cv-02791-LW

Document 116-8

Filed 02/04/2008

Page 4 of 18

VISTA
STAFFING SOLUTIONS

September 24, 2001

Jewish Hospital Attn: Mike Bowen Graduate Medical Education 4777 E.Galbraith Road Cincinnati, OH 45236 FAX: 513/686-5469 Dear Mr. Bowen: Edward A. Patrick, M.D., has applied for locum tenens work with VISTA Staffing Solutions. As part of our rigorous credentialing process and quality assurance program, which are the toughest in our industry, we must verify the medical education and training of each of our applicants. The following information may assist you in your search: Physician's Name: Edward A. Patrick, M.D. Dates of Training: 1975 - 1979

Type of Training: Em Internship/Residency Social Security Number: 234-56-8867 Date of Birth: 10/07/47 I've enclosed Dr. Patrick's authorization statement, Please provide on a separate sheet of paper or your facilities letter head, the month, day, and year of the starting date and the ending date of the program, and fax your findings back to (801) 487-8197. If you have any questions, please do not hesitate to call me at (800) 366-1884. Thank you for your assistance in this matter. Sincerely, VISTA Starring Solutions

Ronda Reagan Credentialing Specialist Enclosures

IT 675 East 2100 South, Suite 390, Salt Lake City, Utah 84106 800 - 366 -1884

Jewish Hospital 00056

301 - 487 - 8190 FAX 801 - 487 8197

. .

-Jin i i n u 3ULU

00140^197 TD 15136865469

P.03/03

"Case"1:05-cv-02-791 LWDocument 116-8^^Filed 02/04/2008

VIST7X
SrAIFINC SOLUTIONS

Page 5 of 18

RELEASE AND AUTHORIZATION organizations, business and professional 2 I S ,if ' e m p ] o y e r s ' m e d l C a l malpractice insurance carriers or
M f i n g S Itlti

Medical Boards to release to State H S S S V S K opinions,files,transcripts, orrecordsM S K ^ T L representatives of VISTA Staffing SolutionstoS
g

Bank and the Federation of State * fls any information, >y S*ve my permission for

s e s

'

I heiet

agree that VISTA Staffing Solutions will toZ5oST^? ^ scl , 0SUr e and reduce adminktrative burdens I pursuant to subpoena, if 8 K f f i S ^ ^ t ^ **? & ^ n w t o l to m e p t revoked by me anytime in writtaft except to ^ e S S a t a n v ^ ' ' ^forr e I e a s e o f ^"matWmay be m rehance on this d o c u m e n t before S t S S f f f f K ^f** difdoSUre ha * * 1 1 teiminate u n 10USly raVoked R W TStaffing ^ r Solutions. P terminationo Syp r o S S Service s^fpfPlacement Agreement - * with <^e VISTA "ressional The original or a copy hereof shall operate as full proof of authonty and release.

revised 11/16/00

FrliteJ Oft njCyclBd M p B r

- Jewish Hospital 00057

* * TOTAL PAGE.03 * *

btr ^

m iw:45 FR UISTfi STAFFING SOLU

8014878197 TD 15138S5469

P.01/03

Case 1:05-cv-02791-LW

Document 116-8

Filed 02/04/2008

Page 6 of 18

facsimile
TRANSMITTAL

STAFFING SOLUTIONS
To:
MIKE BOWEN ORGANIZATION: JEWISH HOSPITAL GRADUATE MEDICAL EDUCATION FAX: PHONE: FROM: SUBJECT: DATE: PAGES: COMMENTS: 675 East 2100 South, Suite 390 Salt Lake City, UT 84106 (800)366-1884 (801)487-8190 FAX (801) 487-8197

513/686-5469

RONDA REAGAN, CREDENTIALING ED PATRICK, M.D. SEPTEMBER 24,2001

The information contained in this fax is CONFIDENTIAL. If you have received this fax in error, please notify the sender. If any or all pages are not successfully transmitted, please notify the sender.

Jewish Hospital 00058

Case 1:05-cv-02791-LW

Document 116-8

Filed 02/04/2008

Page 7 of 18

DEPOSITION EXHIBIT 30

ase 1:05-cv-02791-LW

Document 116-8

Filed 02/04/2008

Page 8 of 18

St. Joseph's Hospital

1 Amalia Drive

Buckhannon, WV 26201
504-473-2000

April 16, 2002

The Jewish Hospital Registrar Office 4777 E. Galbraith Road Cincinnati, Oil 45236 Re: Edward A. Patrick, M.D. SS#: 234-56-8867
Dear Doctor:

Dr. Edward A. Patrick has applied for appointment to the Medical Staff of St. Joseph's Hospital In the application he mdicates that he served a Emergency Medicine Residency from 1975 to 1976 (with Dr v Henry Meimlich). o help us thoroughly evaluate Dr. Patrick's capabilities and qualifications, we would appreciate complete information on the following: I- Verification of Residency a. Date and Type of Residency: From i l i h f t o g M ^ T y p e F From to ; Type ^ j&tg_jUfr thJ IT

b. Successfully completed? Y e s _ _ N o _ ?

Jj^

^_L

\ yu ^

c. Any sanctions or other disciplinary actions taken against applicant during the residency? Yes No ""

If yes, please explain:

d. Date of verification:

T77/ffiL

Jewish Hospital 00207

Case 1:05-cv-02791-LW

Document 116-8

Filed 02/04/2008

Page 9 of 18

DEPOSITION EXHIBIT 35

,/

THE JEWISH

HOSPITAL

Case 1:05-cv-02791-LW
/

Document 116-8io Filed 02/04/2008

age 10 of 18
RECENT P H O T O
(ly2 Square)

APPLICATION FOR APPOINTMENT TO HOUSE STAFF First Graduate Year,

S P E C I F Y TYPE A N D S P E C I A L T Y : FLEXIBLE, CATEGORICAL <HED1C.NE OR SURGERY)

Subsequent Graduate Year L H Second Other To begin ( d a t e U a ^ M Name in full Date of birth
^ _ ...

I Q Fourth , Q Fifth Q Psychiatry Q Pathology Q Radiology Q Orthopedics

fj Third

in Q Medicine r j Surgery

Sty^d.

or

JbGHQA^ JL^-^y

4^kS t

Alp

Last (Family name)

fkfr/cLfc
, /)

&<}ani ft lire Q
First

Middle

Bmhphce^O.^/^ *j Kf,
jUtyjind Stat Province and Country)
D

Citizenship h o n e 3/ 7

^ ^ g 3

5, , 4 ' 7 / ZJ

Address (Home), d >

,t W ^ W - J ^ i ^ L j 2 ^ ^ _ _ / r e l e

AdtW^Pm^t) ^

/
' '

A
~

^
<?% ? ^ f ( p

Telephone
/ o -/ ^ . ^

Present health fcxejlpl* fS e x ^ ^ - M a r i t a l Status Children (give ages):

*-f "^CWB of past 5 year,

(also physical handicaps)

List Dependent (other than spouse) living with you: Other:__ //, $, yctu^/ /Aj Prifufa stsf.JIl. / \ - r q si'tu~f> ,s L S c i ^ J &/-$tgJjJ, <7j <&f

Present and previous military service High School attended-dates

J7~iSiJk/M/f.

Tf*r
Extra curricular activities, if a n y ^ j ^ M i l , Colleges (pre-medical) attended-dates and degrees . Fiyii^ <%J. stf f Z/r "h JLr^.^:y JSuAag. / ^ (BAH g. gA, -

1. College honors {prizes, scholarships, etc.)... / X ^ . r 2. Extra-curricular activities (athletics, etc.) Goth

. Alu^,,*/

X , ; ^ , ^ :

/^-/i^fe

Medical Schools attended-(names and d a t e s ^ J ^ ^ W . 1. Year of graduation / y / f 7 ) ^

/ 7 L ;u ^ , ^

JcT

Led!*/MJ

Standing in class.

2. Medical college honors (prizes, scholarships, etc.) 3. Special interests, if any 4. Special work in any held /^>e>^. gjOAjm^Jk -Jo /A\)tf>. Uc^f A j ^ : ^

J U L . . .

(OVEK)

j e w i s h Hospital 00004

ui/ -ii/scaa/

ii:qc

DUDBDbqaa

K l b K MtiMi

PAGE

64

Case 1:05-cv-02791-LW
Internships and Residencies to date;
Hospitals (Name and Address)

Document 116-8
Exact Dates of Service

Filed 02/04/2008

Page 11 of 18

No. of Months Served

Character of Service

All additional experience since graduation from medical school

Bill

mhz

Are there other items about yourself not included above?,,

C^L.

Give titles of theses or papers, if any, dealing with any work done in medical college, intern or resident periods SectC, \/". 0 ^ < R 5C ...

References: Names of physicians (at least two) with whom you have served 01 studied;
Nsrae Office Address City

ATTACH A RECENT PHOTOGRAPH ALL QUESTIONS MUST BE ANSJS^REp

Date.

/k^SiUt.. &oL

T IO ft 75 S-.J> Signature Signature.

Sir?^5r

DO NOT WRITE IN THIS SPACE

\*V p
Jewish Hospital 00279

Case 1:05-cv-02791-LW

Document 116-8

Filed 02/04/2008

Page 12 of 18

DEPOSITION EXHIBIT 36

Case 1:05-cv-02791-LW

Document 116-8

Filed 02/04/2008

Page 13 of 18

September

^C 4975

Edward A. Patrick, M.D. The Jewish Hospital Cincinnati, Ohio 45229 Dear Dr. Patrick: It gives me pleasure indeed to appoint you as a Flexible Resident 1 at this Institution for the period beginning September 1, 1975 through August 31, 1976, as recommended by Dr. E. Gordon Margolin, Chairman, Committee on House Staff and Education, after consultation with the Executive Board of the Medical Staff. For those concerned and myself, I offer congratulations to you upon this appointment. We trust that your stay here will be a fruitful one indeed. I would ask that you please complete the attached agreement form being sent to you in duplicate and return the original to my office immediately. The copy of this agreement is to be retained by you for your personal files. Sincerely yours,

Robert A. Carney Executive Director RAC:jn enc. 2

THE OHIO LEGAL Bi.AMK CO., IMC

DEFENDANT'S EXHIBIT
, ~n-fi"i W't.
CLEVELAND OHIO 441U2-1i

Jewish Hospital 00007

. Case 1:05-cv-02791-LW

Document 116-8

Filed 02/04/2008
45229

Page 14 of 18

THE JEWISH HOSPITAL CINCINNATI, OHIO Residency Agreement

The Hospital offers and the Resident accepts appointment under the following terms and conditions: * Duration: Begins onSept. 1 fffiafpSff1. 1975 and ends on August 31 3. Meals: ^6

2. Stipend: $per 4.

Provided at nominal prices.

agreement Living Quarters: On-call rooms provided at no charge; quarters for single individuals available at $30 per month.

b. Laundry: Uniforms and selected items, 5A. Uniforms: 6 pieces, 6. Hours of Duty: 8 a.m.- 5 p.m. Mon. thru Fri,, 8 a.m.-12 Sat,; night, week e^<A and holiday assignment by roster. 7. Vacation: 14 days inclusive,

8. Professional Liability Insurance: 9.

Provided by Hospital$50,000 each claim, $500,000 aggregate. Hospitalization: The Hospital will pay mmmbmMmmi the Blue Cross (365-day comprehen sive contract) and Blue Shield premium for the Resident on a single or family plan. Any costs incurred beyond the Blue Cross applicable portion of the bill will be discounted in accordance with established hospital policy. Type of Residency:
FIBXIMB

10:
11

_____

The Hospital agrees (a) to provide a suitable environment for educational exper ience in the special area of the residency; and (b) a training program that meets^the standards of the Essentials of Approved Residencies, prepared by the Council on Medical Education of the American Medical Association. The Resident agrees (a) to perform satisfactorily and to the best of his ability the customary services of residency; (b) to conform to Hospital policies, pro cedures and regulations governing residents that are not inconsistent with this Agreement; and (c) not to engage in any outside remunerative work. The Parties have entered into this agreement in good faith and acknowledge their respective ethical and legal obligations to fulfill this Agreement until its expiration date, except in the case where the Resident is unable to do so because of incapacitating illness. The Parties further agree that under no cir cumstances will either party terminate this Agreement for claimed breach thereof prior to its expiration date without prior notice and without providing the other Party the opportunity to discuss freely any differences, dissatisfactions, or grievances that may exist. If he so desires, the Resident may select a member of the staff to accompany him and to participate in the discussion. If this Agreement is terminated prior to its expiration date, each Party, at its option, may submit an explanatory statement to the Council on Medical Education of the American Medical Association. Such statements shall be avail able to inquirers, at the discretion of the A.M.A,
Jewish Hospital 00008

12

13.

14.

Date

Signed Resident
E d w a r d A>

p a t r i c k , M.D.

and______

for Jewish Hospital on (date)

- -'cCase 1:05-cv-02791-LW- flDocument 116-8

Filed 02/04/2008

Page 15 of 18

Dr. Edward Patrick is anxious to pursue his medical education with a year of proper and approved clinical experience since he has had no hospital work since graduation from the University of Indiana College of Medicine in 1974. The following division of activities during the course of a one-year program has been agreed upon: Internal Medicine Surgery Anesthesiology Radiology Emergency Room Elective 4 4 1 1 1 1 months months month month month month

A program designed in this fashion will fully satisfy the requirements of the Flexible Program of The Jewish Hospital which is a joint program under the auspices of Medicine and Surgery. Dr. Patrick requests that his assignment be primarily in Surgery and in Surgical Subspecialties and therefore it Is understood that in the above rotations only the four months of Medicine will be the direct responsibility of Dr. Gordon Margolin. Dr. Patrick understands that the year's experience requires his proper attention to the duties expected of him by the Director of each service and that he will be carrying: his proper share of the work load equivalent to that handled by his peers on the same services. In order for him to obtain recognition for this service it must be fully complete and acceptable to the various Directors, or additional time might have to be added at the end of this period to assure full compliance with the approving bodies* requirements. It is the desire of all that the program be a proper one so that at no time in the future could questions be raised about the validity of this accredited year. Dr. Patrick is also anticipating continuing his eight-hour per week job as Physician-in-Charge of Clinical Computing and eight hours with H.A.R.P. program. It is anticipated that he will have adequate hours outside of the required Hospital duties in the Flexible Program so that he can easily carry this second position to the satisfaction of himself and of the Hospital. It is felt that by designing a program as described that both the Hospital and Dr. Patrick will benefit and that the ability to extend computer use to clinical problems will be enhanced and accelerated.

SIGNATURE: Edward A. Patrick, M.D, DATE:

SIGNATURE: E. Gordon Margolin, M.D. DATE:

SIGNATURE: Henry J . H e i m l i c h , M.D. DATE: SIGNATURE: Norman S. DATE: Finer

J e w i s h H o s p i t a i 00009

^ C a s e 1:05-cv-02791-LWAKrDocument 116-8

Filed 02/04/2008

Page 16 of 18

Dr. Edward Patrick is anxious to pursue his medical education with a year of proper and approved clinical experience since he has had no hospital work since graduation from the University of Indiana College of Medicine in 1974. The following division of activities during the course of a one-year program has been agreed upon: Internal Medicine Surgery Anesthesiology Radiology Emergency Room Elective 4 4 1 1 1 1 months months month month month month

A program designed in this fashion will fully satisfy the requirements of the Flexible Program of The Jewish Hospital which is a joint program under the auspices of Medicine and Surgery. Dr. Patrick requests that his assignment be primarily in Surgery and in Surgical Subspecialties and therefore It is understood that in the above rotations only the four months of Medicine will be the direct responsibility of Dr. Gordon Margolin. Dr. Patrick understands that the year's experience requires his proper attention to the duties expected of him by the Director of each service and that he will be carrying his proper share of the work load equivalent to that handled by his peers on the same services. In order for him to obtain recognition for this service it must be fully complete and acceptable to the various Directors, or additional time might have to be added at the end of this period to assure full compliance with the approving bodies' requirements. It is the desire of all that the program be a proper one so that at no time in the future could questions be raised about the validity of this accredited year. Dr. Patrick is also anticipating continuing his eight-hour per week job as Phyeician-in-Charge of Clinical Computing and eight hours with H.A.R.P. program. It is anticipated that he will have adequate hours outside of the required Hospital duties in the Flexible Program so that he can easily carry this second position to the satisfaction of himself and of the Hospital. It is felt that by designing a program as described that both the Hospital and Dr. Patrick will benefit and that the ability to extend computer use to clinical problems will be enhanced and accelerated.

SIGNATURE: Edward A. Patrick, M.D. DATE:

SIGNATURE E. Gordon Margolin , M.D. DATE

SIGNATURE Henry J. Heimlich, M.D. DATE

SIGNATURE: Norman S. Finer DATE:

Jewish Hospital 00010

Case 1:05?-cv-02791-LW

Document 116-8

Filed 02/04/2008

Page 17 of 18

Supplement To Residency Agreement

Dr. Edward Patrick is anxious to pursue his medical education with a year of proper ani approved clinical experience since he has had no hospital work since graduation from the University of Indiana College of Medicine in 1974. The following division of activ

ities during the course of a one-year program has been agreed upon: Internal Medicine Surgery Anesthesiology Radiology Emergency Room
^6f^.'c

4 4 1 1 v&
i

months months month month months

** OK

A program designed in this fashion will fully satisfy the requirements of the Flexible Program of The Jewish Hospital which is a joint program under the auspices of Medicine and Surgery. Dr. Patrick requests that his assignment be primarily in Surgery and in

Surgical Subspecialties and therefore it is understood that in the above rotations only the four months of Medicine will be the direct responsibility of Dr. Gordon Margolin. Dr. Patrick understands that the year's experience requires his proper attention to the duties expected of him by the Director of each service and that he will be carrying his proper share of the work load equivalent to that handled by his peers on the same services. In order for him to obtain recognition for this service it must be

fully complete and acceptable to the various Directors, or additional time might have to be added at the end of this period to assure full requirements. compliance with the approving bodies'

It is the desire of all that the program be a proper one so that at no

time in the future could questions be raised about the validity of this accredited year. Dr. Patrick is also anticipating continuing his,sixteeri-hour per week job as Physician-in-Charge of Clinical Computing. It is anticipated that he will have adequate

hours outside of the required Hospital duties in the Flexible Program so that he can easily carry this second position to the satisfaction of himself and of the Hospital. It is felt that by designing a program as described that both the Hospital and Dr. Patrick will benefit and that the ability to extend computer use to clinical problems will be enhanced and accelerated. Jewish Hospital 00011

Case 1:05-cv-02791-LW
^

Document 1-16-8 - Filed 02/04/2008 ' Page* 18 of*18>

JEWISH II 0 S P I T A L

THE

HOUSE STAFF 1975 - 1976

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ORTHOPEDIC SURGERY^ Fellow, Gastroenterology y -Benson, Robert (July - O c t o b e r ) . ' r y : & Head, Jonathan ; : (November, - February)' Kcfcttier Hn&lu;^, ( M a r c h - June) . PSYCHIATRY "Grew, ifrr; Catl Singh, Kuldip K. Vance, Stephen Seltzer, David Tasman, Alan " -Michael' y 3j( (July ;>- S e p t e m b e r ) ^ McTighe, Martiny;.:i <%%' (October^r; December) Nlekcraont David S ,ff~ (January \:~., March) Singer, Gary L. *J-.\ (April - June)

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Jewish Hospital 00012

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Case 1:05-cv-02791-LW

Document 116-9

Filed 02/04/2008

Page 1 of 8

DEPOSITION EXHIBIT 37

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Case 1:05-cv-02791-LW

Document 116-9

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Page 3 of 8

DEPOSITION EXHIBIT 38

clevescene.com | News | Playing Doctor | 2004-10-27 I Printable Case 1:05-cv-02791-LW Document 116-9 Filed 02/04/2008

Page 4 of 8

p a P e 1 of D *

From clevescene.com Originally published by Cleveland Scene 2004-10-27 2005 New Times, Inc. All rights reserved. Playing Doctor Lying on a resume isn't a crime forgiving, By Thomas Francis

except when a doctor does it. Luckily for Edward Patrick, the Ohio Medical Board is

There are no shortcuts to a career in medicine. First-year residents at Jewish Hospital in Cincinnati accepted this. It consoled them through 100-hour workweeks, each one more blurred by blood and disease than the last. Residencies are as much a test of faith and stamina as they are of skill. To the class of 1975, Edward Patrick was an outsider. At 38, he was older than most a physical presence in the corridors but rarely a voice. In his aloof, distracted way Patrick tended to a computer in the cardiac unit. A professor of electrical engineering from Purdue docSs * C n d U C t i n g a S t u d y ' o n e t h a t h a d n o t h i n 9 t 0 d 'th the hospital's patients or Still, one couldn't help but notice that Patrick was a friend - a shadow, almost - of Dr K K i T ^ u S l 6 W l S h H S P i t a l S U r g e r V d e P a r t m e n t - Word got around that Patrick helped develop the Heimlich maneuver, a new invention at the time. Most didn't know that Patrick had recently finished medical school and that he wanted to abandon engineering for the emergency room. Dr. Felix Canestri, the chief resident supervised residents when they performed surgeries. Most did about 100 surgeries that ITJrl i r J n S 1 o i 0 e S n ' t m e m b e r ever seeing Patrick at an operating table. "I can tell you I m 100 percent convinced he was not a resident," Canestri says. "He was there," says Dr. Ed Matern, a resident at the time, "but he was not in the progra Patrick's real job in fact, was hours away. Employment records indicate he was a full-time professor at Purdue University in West Lafayette, Indiana. Indeed, a local newspaper from September 1, 1975, quotes Patrick as saying he would spend only one day per week in Cincinnati - not nearly enough time to tackle the insomniac schedules that were the norm
"' oui y c i y i Co f u e l IL H

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So Canestri is baffled to hear that Patrick lists a Jewish Hospital residency on his resume There are some strange things happening here," he says. If h fhli C a t0 A a kS W h a t P a t r i C k h a S d n e i n t h e d e c a d e s s i n c e " W h e n t o l d t h a * he's spent much of the last 281 years in emergency rooms - from Cleveland to Cape Fear, North Carolina comes as a shock. Practicing surgery?" Canestri asks incredulously. Yes, all based on what appears to be a phantom residency at Jewish Hospital. While this may be a stunning revelation to Patrick's patients, it's old news to the Ohio Medical Board. Trusted to ensure the qualifications of state doctors, the board has long known of Patricks questionable history, but has left his license intact. The only mystery is

There's no evidence that Patrick has an emergency doctor's training, so his presence in the ER is worrisome.

http://www.clevescene.com/Issues/2004-10-27/news/feature print.html

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clevescene.com | News Playing Doctor Doctor | 2004-10-27 I Printable ^ene.com | News j j Flaying
Case 1:05-cv-02791-LW Document 116-9 Filed 02/04/2008 Page 5 of 8

p a p e ?nf>
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An emergency-room physician encounters human life in its most fragile state - so he'd better work well under pressure. That's something you can't learn in a classroom. It's why residencies are a crucial prerequisite. To the med-school grad, however, residencies are filled with high stress and sleeplessness supervisors barking orders, and modest paychecks quickly swallowed by student loans It's a recipe for burnout Studies show that medical residents are often depressed prone to substance abuse and suicide. Only the strong - and dedicated - survive. There may be some incentive to circumvent this process. But faking medical credentials is foolhardy - nothing happens in American medicine without a paper trail. Few paper trails twist like Ed Patrick's.

Getty Images

Gag reflex: Heimlich refutes the c,aim tnat \A/hQ k . I M , ,_. Patrick helped When he applied for an Ohio medical license in 1976, Patrick claimed to be a full professor at develop the famous maneuver. the Indiana School of Medicine. It has record of him working only as an unpaid volunteer. From there, his resume gets weirder. On most he lists special emergency medicine training under Heimlich from 1976-78, but Heimlich disavows this claim. On his American Medical Association profile, Patrick claims that he spent 1976-78 as a resident at Cleveland's Deaconess Hospital. This is surely false; the hospital never had a residency program. In his board certification listing, Patrick cites an emergency medicine residency at the University of Cincinnati hospital. An internal memo leaked to Scene shows hospital executives comparing notes and concluding that there's no record of Patrick there Executives also indicated he had no record at Jewish Hospital. In the same listing, Patrick claims an emergency medicine residency at Purdue University hospital. Purdue doesn't have a medical school, much less a hospital. In the early '80s, Patrick claims to have founded a family residency program at St. Luke's in Solon. He was on faculty there, but did not establish any program, according to hospital

Ed Patrick and Henry Heimlich are doctors with credibility problems.

The rest of the decade sees Patrick crisscrossing Ohio, with emergency-room stops in Toledo, Columbus and Cincinnati, as well as in podunks like Georgetown, Circleville, and HWsborough. By the mid-1990s, he becomes even more nomadic, getting medical licenses in Kentuc y West Virginia Georgia, Alabama, and North Carolina. If that isn't strange enough" Patrick lists a birthdate of 1947 on four of the licenses - though his actual birthdate is 1937. When interviewed in early August, Patrick refused to authorize the release of his work records Angry over his treatment in a previous Scene story - "Heimlich's Maneuver" August 11 - he declined to be interviewed for this story. "I am not interested in talking to you until you show some credibility in your reporting," he says.

When C. Everett Koop endorsed the Heimlich maneuver, Patrick claimed it as his personal victory.

Like any fortress, the medical profession protects itself from invaders by guiding all comers though a series of checkpoints. If Patrick fabricated his residency, the natural question is how he made it throuch each checkpoint, enabling him to practice medicine for 28 years. tnrougn each Only a few people have answers - and none of them makes sense. 2 i S S L M a r B O ! , 3 W 3 S ^ e h 6 a d f J e W i S h H o s P i t a l ' s internal medicine department when Patrick was there First he claims that Patrick was at Jewish for only one year. Three minutes later, he's sure Patrick stayed for three years One moment he says there's no way Patrick did an "emergency medicine" residency there and claims he would have

never

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clevescene.com | News | Playing Doctor | 2004-10-27! Printahle Case 1:05-cv-02791-LW Document 116-9 Filed 02/04/2008

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Paom * fK rdgejoro

signed a residency certificate.

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clevescene.com | News | Playing Doctor | 2004-10-27 I Printable Case 1:05-cv-02791-LW Document 116-9 Filed 02/04/2008

paee 4 o f 5 Page 7 of 8
s

If the Lima case is a fake, it leads to a host of new questions about Patrick's work at Jewish Hospital. At an American Red Cross Conference in 1976, for instance, Patrick presented a case in which he used the Heimlich m n eu v savea stroke victim from choking on pea soup. He never explained what he - an engineering professor - was H l n h f, doing handling a stroke v.ctim at Jewish Hospital. Nor does he explain why the patient, who had no ability to swallow was being fed pea soup by spoon rather than through tubes.

tPhpepra?|eJTq7n,STh! D [ ' f H e n r y H S i m l i C , h ' r e m e m b e r s E d w a r d Pa tnck as a regular visitor to the family's Cincinnati home in tne early 1970s. The last few years, as he researched his father's career, he kept encountering Patrick's name. I n ! U ? D ? S l l 0 ^ S U ^ P J C i 0 U S t 0 N m ' aS d [ d against Patrick with the Ohio Medical Board.
Patrick s Jewisn Hospital

'

residency. So in June 2002, he filed a complaint wiiipimin

iS h a , d e d as o n e o f t h e n a t i o r | , s m o s t SaM 0 a f ^ ! stringent medical regulators, filing more actions against doctors than the a th p o p u l o u s state Peter Heiml ch " ' ^ immediately put in touch with executive director Tom Dilling. " I n7 Tr 1 thought, Okay, I ve come to the right place," he says.

He had several long conference calls with Dilling and Mark Michael, an attorney with the Ohio Attorney General's office.

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"I was astonished," says Peter Heimlich. "It seemed to me that the issue was whether an untrained doctor had access to emergency rooms in seven states, including Ohio. That was no big deal?" nasSn?heelbderback2'
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Wn Patricks r S m e ^ ^ ^ n o T h ^ ? ^ 2 SP^T p u b l i s h e s f a l s e ^edentials. Given the glaring inconsistencies of ratricics resume, its amazing that it passed board scrutiny. Attorney General Betty Montgomery and her successor Jim Petro, were also informed of Patrick's history, but neither pursued a case against him successor, Jim

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And that could present legal consequences for Jewish Hospital - the expensive kind. L T m l ' t * ! i , e a ' t h h A V h e c o r p o r a t e overseer of Jewish and five other Cincinnati hospitals, understands this S 2 S P .?. ? H " 2 u 2 ' . G a r y J H a r r i S ' 9 e n e r a l C o u n s e i f o r t h e H e a l t h Alliance, took the Patrick file. Today, Mike Bowen says that file Is locked In Harris's office, safe from the prying eyes of lawyers and reporters. Harris did not return phone

C r n i n l T V * H T ^ ' P a t r ' c k J a n c i e d himself something of a Horatio Alger. Born to a humble family in Wheeling West h! ' f Ud f D d . h ' S , W a y m t M " I X ' t h e n infc0 t n e U " S ' N a v a l Academy, then into a tenured professorship at Purdue--all before age 40. If Patrick is to be believed, he single-handedly changed national choking and drowning^resce techniques

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clevescene.com | News | Playing Doctor | 2004-10-27 | Printable Case 1:05-cv-02791-LW Document 116-9 Filed 02/04/2008

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Meeting Henry Heimlich may have seemed providential. It was through Heimlich that Patrick met astronaut Neil Armstrong, with whom the two doctors teamed for a study of a new oxygen delivery system that could be used as an artificial lung. It was with Heimlich, too, that Patrick found himself lecturing the nation's scientific experts at the American Red Cross, the National Academy of Sciences, and the Institute of Medicine. When former Surgeon General C. Everett Koop announced his endorsement of the Heimlich maneuver for choking in 1985, he cited Patrick's research on the dangers of backslaps, used to rescue choking victims before the Heimlich maneuver. As a lecturing team, Heimlich and Patrick also succeeded in convincing the American Heart Association to recommend the Heimlich maneuver as a second response to drowning rescue - in the event that CPR fails. Today, the relationship stings of betrayal. Heimlich has undercut Patrick's claims to inventing the maneuver and even denies Patrick had any effect on swaying Koop's opinion. Recent years have also been hard on the Heimlich legacy. He's been widely denounced for his campaign to make the Heimlich maneuver the first response to drowning. Most believe it's counterproductive and possibly fatal. He's also campaigned for malariotherapy, contending that AIDS and perhaps cancer can be cured by giving patients malaria. His attempts to conduct human experiments have drawn condemnations from immunologists around the globe. Unfazed, Heimlich will be giving a presentation at the Pan Africa AIDS conference in Nashville this week. His appearance has caused several other presenters to boycott the event. Heimlich always coveted fame. Today, he's notorious. Patrick has achieved neither. Heimlich may have helped him get an Ohio medical license based on questionable credentials, but if that gave Patrick a head start, it's been the bane of his career since. His resume makes it hard to get a good faculty job in a hospital. Most doctors in their 60s are either retired or settled comfortably into their last years of practice. Patrick, now 67, was last seen working at Cape Fear Valley Medical Center in Fayetteville, North Carolina. He left in August for unknown reasons. Now living in northern Kentucky and navigating his third divorce, he is looking for work.

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Case 1:05-cv-02791-LW

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Page 1 of 8

DEPOSITION EXHIBIT 41

Case 1:05-cv-02791-LW

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Filed 02/04/2008

Page 2 of 8

Original Message From: Bob Kraft Sent: Tuesday, October 19, 2004 12:42 PM To: 'tom.francis@clevescene.com' Subject: RE: questions f/dr. heimlich Tom 1} Dr. Heimlich began researching the maneuver in the early 1970s and published the first piece about it in June of 1974. It won immediate and widespread press attention around the world. He met Dr. Patrick sometime in late 1974 or 1975. Several years subsequent to that, Dr. Patrick published a piece describing the mechanics of the maneuver, based on his engineering training. Dr. Patrick had no role in the origin or development of the maneuver. 2) As I told you earlier this month, Dr. Heimlich supervised Dr. Patrick only during the months he rotated into surgery. Dr. Margolin told Dr. Heimlich last night that you misunderstood him. Regarding Dr. Patrick performing surgery: he wouldn't have performed surgery at all as a first-year resident. 3) The only residency Dr. Heimlich is aware of is the 1975 term, when he rotated through all the departments. 4) Dr. Heimlich doesn't remember giving anything to ABEM. 5) Dr. Heimlich was not aware of those efforts. Regarding your earlier piece about the debate over the best method for saving drowning victims: Dr. Heimlich passionately believes that lives are being lost because CPR is not an adequate protocol. You can't blow air into water-filled lungs. The Pittsburgh study proves the Heimlich removes water from the lungs. The American Heart Association is being disingenuous about the dangers associated with CPR, including vomiting, and about its success rate, which is not good. A fairer discussion of the debate might have noted these facts: * Use of the Heimlich maneuver for drowning victims has been endorsed by the head of the Physicians' Committee for Responsible Medicine {Scene published Dr. Barnard's letter several weeks ago). * The statistics collected by the Ellis organization when it used the maneuver as a first step showed that 147 of 152 (97 percent) unconscious, non-breathing drowning victims were successfully resuscitated. * The water parks that continue to use the Heimlich maneuver as a first step are enthusiastic about its success and many lifeguards can cite rescue examples. Tom, I know you didn't put any stock in this the first time, but I have to repeat that I think you're doing your readers a disservice when you don't disclose that you're letting your primary source hide behind a pseudonym, that you're following a road map laid out by this source -- using the name of Holly Martins this time around and that your source appears to be pursuing a sick, personal vendetta against Dr. Heimlich. Look again at that Web site and tell me that's the work of a rational person. As I told you earlier, your source has used a variety of pseudonyms in this campaign, and h e has made a series of baseless, outrageous charges. Over the course of several years, 3's been able to dupe a handful of reporters into writing critical stories about Dr. Heimlich. None of those stories stand up to close examination.

Bob

fl DEFENDANT'S 1 S EXHIBIT

Kraft 0007

Case 1:05-cv-02791-LW

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O r i g i n a l Message From: Tom Francis [mailto:Tom.Francis@clevescene.com] e n t : Monday, October 18, 2004 3:36 P M To: bkraft@danpinger.com Subject: q u e s t i o n s f / d r . heimlich
Bob, Please forward these questions to Dr. Heimlich. I will need a response by Tues. Oct. 19. 1) Based on the posting on his website, Dr. Edward Patrick seems to be claiming the majority of the credit for developing the Heimlich maneuver. Dr. Heimlich, you have stated that he met Patrick some time in 1975, which would be /after/ the maneuver had been developed. That date, then, suggests that Patrick did not have a role in the maneuver. Can you please set the record straight? What role, if any, did Patrick have in developing the maneuver? 2) Former chief of internal medicine Dr. Gordon Margolin told me that, as far as a residency at Jewish Hospital is conerned, Patrick was completely under the aegis of Dr. Heimlich. This is at odds with your comment earlier this month, in which you claimed to only supervise Dr. Patrick in the four months that he rotated through surgery. I have not been able to find anyone who can vouch for Dr. Patrick performing surgery at Jewish Hospital. Can you vouch for it? Can you name any other physician who can? 3) What kind of residency did Patrick perform? He claims on a CV that he completed a residency in emergency medicine at Jewish in 1975-76, but there was no such residency and no other hospital source I can find remembers him as anybody except an EE professor conducting a study funded by the NSF. In addition, Patrick claims on his CV and in a deposition that from 1976-79 he had a specially arranged residency training in emergency medicine program aimed at board certification in emergency medicine, and that you were his supervisor. Please tell me what you can about Patrick's residencies and your role in supervising them. 4) ABEM requires verbal verification from the resident's supervisor before certifying a physician in emergency medicine. Patrick is certified by ABEM. Did you give ABEM verbal verification on Patrick's behalf? 5) Patrick is claiming that he was instrumental in convincing C. Everett Koop to recommend the Heimlich maneuver as first response in choking rescue, that his papers were crucial to achieving this endorsement. Is this accurate?

Kraft

0008

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Page 4 of 8

DEPOSITION EXHIBIT 50

Case 1:05-cv-02791-LW

Document 116-10

Filed 02/04/2008

Page 5 of 8

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Case 1:05-cv-02791-LW

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Asian conflict and is new widely usad in civilian ctwst'<%*? amUratrgency icUities.
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Case 1:05-cv-02791-LW

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Case 1:05-cv-02791-LW

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DEPOSITION EXHIBIT 52

' -~S .^.Case 1:05-cv-02791-LW

Document 116-11

L^ ^. Filed 02/04/2008"" Page 2 of 13?^;trT~

Edward A. Patrick, M,D., Ph.D., FACEP 810 Matson Place Cincinnati, Ohio 45204 513 471-8370 September 1989

Undergraduate Education: BS. Massachusetts Institute of Technology, Engineering & Computers.

Electrical

Graduate Education: M.S.. Massachussets Institute of Technology, Electrical Engineering & Computers. Ph.D Purdue University, Electrical Engineering & Computers

Medical Education: M.D., Indiana University School of Medicine, 1974 Postgraduate Medical Education: Research in Emergency Medicine, Purdue University & university of Cincinnati with Dr. Henry J, Heimlich, 1974-1975, l975-1976 t e r n 6 h i P ' J e W i S h h o s p i t a 1 ' diversity of Cincinnati, Special Residency in Emergency medicine under directorship of Henry J . . Heimlich M.D., 1976-1978. S ^ ^ w S * ^ i 1 * P ^ t i c e residency program, St. Luke's Hospital/Case Western Reserve University and establishment center for emergency medicine, 1980-1984.. Licensure: State of Ohio State of Indiana Board Certification: Diplomate, American Board of Emergency Medicine, Nov.. 1988. Fellowship: American College of Emergency Physicians, Sept. 1989. Hobbles: Model airplanes, amateur radio, Private pilot, instrument and multiengine rated, Other Certification: Advanced Cardiac Life Support (first December 13, 1977) Instructor ACLS, October 1987 *** Advanced Trauma Life Support Instructor ATLS September 1987., of
E

MCO of Toledo 00007

 : - i'.^,Case,1:05-cv-02791-LW

# 7 ^ / \

Document 116-11"

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:-. : - :
-

Medical Staff positions T: Deaconess Hospital, Cincinnati, Ohio lM SSSiSS* S h r i n e r S ' ^ * " u f . 'Cincinnati, Ohio 1989 C

?:

- : ^ . ^ ?

^Sr2inSnSatrSs9? 2 S . " * "

Academic Professor, Purdue University: Full Professor 1Q74 IORI and d r o w n S

Heimlich

w e a v e r as treatment for choking

^palfln S r l P a P S r S 2 ^ ^ diagnosis of chest pain m the eaei^cy department when phyeicianlB a R i B + ^ by a computer, 1976, 1977, 1979,, ^ysician is assisted

professorship at Purdue University.

iatl

n with

Research Professor, University of Cincinnati, 1985 to present.. Ph.D. thesis and HS. thesis supervision. Emergency medicine work experience: Acute Care America (1984-1988)* OS ita1 B S S / H O ^ 0 ? ^ 1 ? * ' 1984 to 1988. Burger Hospital, Circleville, Ohio - as needed.. " Spectrum Emergency Care (1977 - 1981)j5? Memorial Hospital, Lima, Ohio 0 Bleness Hospital, Athens, Ohio Veterans Memorial, Pomeroy, Ohio Ft S^??? iCa i C . n t e r > GalliPolis, Ohio Associate Director: Porthsmith, Ohio 1980-1981

family l l ^ t 5 ^ '

> = ^ 5

fcdteta

ft

amiiy practice (faculty for residency program) 1981-1984. Dearborn County Hospital, Dearborn, Ohio, 1979-1980. Award: Cleveland, Ohio)! Current Research Interests^pa'rJmenr 1 7 8 1 8 * * " t l w t -^isfaction Diagnosis & Outcome analysis of chest pain..
2
S Ho6

P ltal /Case W.S.,,

in

the emergency

MCO of Toledo 00008

,iv'v;. ; Case 1:05-cv-02791-LW

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Special note:

Academy of S c i e ^ w I T

Y resuscltati

^ "ationai

MM nffiIiS2tL; *n r s
JAA,

lop nt f MH A C L S

at
oardiao oare

voi. ztfr s^f**sr B ^Mr w ~ nr

Recent Grants:

oI 1 ^ S g eno y rn TSatL t nt e of C B n lnn f T 1 -' h i ' U t o - * - l - l . FAA, Washington, DC Trauma, funded S ongoing. S S S L ' & S S : C o S e i ^ ^ V j d U1a0 l i 1 - d Oxy^n Systems" Benedum FoundSLn " M J S ^f * ? < > f Heart Attacks" in C O P D " U n a a t i 0 n " Hicrotrach technique of oxygen delivery National Science Foundation Papers Pending Publication 1990 " j l n d i n g s ^ t h e UtCOme f B * * n Preadmission "Diagnosis and Outcome Analysis , a nf n , t D n . i n .the
a a

< Department."

^tient Satisfaction in the Emergency "The Outcome Advisor " "Status and Review of Treatment for Choking," Books Pending Publication:

-Outcome S K TAnalysis *** us? rsi^* ^Lo^ of Patient q +4* e * .

Books:

S S 2 ^ P t o 2 u ^ ^ SI ' " * . . M . D . , P H . D . . s2mii1 Prentice U n ^ S S ^ ' c ^ r S ^ ^ ^ g ^ S ^' *-M M . Eattu a n d M . a r d A. P a t r l o k , . ^ ' ^ fctaI
3

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Case 1:05-cv-02791-LW

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<Z~

19085, 1979..

^orida, 340 pages, Library of Congress * 77<+

Bdward A. Patrick, Euadaaggfcalfi of Pattern B

Publications/Presentations (partial list):

PP. 62-73, August i f w * m x n g

^nsul/'l Expert Sya? e : 5 ^ ^

"tis,
a

Eaatorariaaia Badisiaa,
J

"

?aUla

"

Datt e r a a,

M S N .

Long Beach C A ? 1888

^
E

Coffl

* u t ^ ' Technology, M a y 4-6, ^ick, "Consult Learning

SyLma2ppiieDdJto\\rbSivaSPP..

-A'.

Pa

171-177, Library of Congress 79-641114, November 1987

L ^ r f S ^ a Viid"2rtl!:oDiLS ExpefASystemin
- 1 of CXinloal * ^ o ^ ^ D e p a r t ? " ' % 1 ^ $ * * * c S 5 ^ ^ 103/06/87/ECE, June 1987 Cincinnati

the Clinlcal

* ? * EmergeCy Technical Report

l W 6 > ? * S t & byX g e " B W ti y te A i H r T ^ f ^ ^ - ; . c o n s i d e r a t i o n s in 74, No. 6, Dece4erS1986 P P xv-60162 Q ^ i ^ ^ ^ ' ^ 2 , Vol.. David J . Blomberg, J o . L a d l e y Guth, M T H-SW T * ^ M and Edward A. P a t r i c k . "EvaXuation o f a ' k A f L S u ' o n 4 MCO of Toledo 00010 &

.;- ::^;^5gsCase 1~:05-cv-02791-LW

Document 116-11 ' ~Filed 02/04/2008Page-6:of 13-----.-r- ^

<&&*?,
S

Cart^EE C^terTociry,^..^^^!^ 11 ^" 5 and B e d i ^ .

Syna?MCe"SUp" L e T l n g .SySte ' " S i . ? ? S & " S

S

Computer Society, pp 34-40- T < h ^ V , ? Medical Care, IEEE *=,, py o, 5 B i Library of Congress # 7964114. D.J. Blomberg, J.F. Fattu, and E A p.+^f^v -r ty and Specificity of Laboratory Diagnosis' of S f i S ^ n s i t ^ i ^

PergaBen

Prels^Voi^i^lU.^ntff^. 2 ^
h S

PP. 126-128, 1983.

A1 d Wag ie f M n CoLuit/ttt'tJf^" f -^ ^ " * Computer Applications in B e d / c a ] C a r e ^ ^ r * *

necical Care, IEEE Computer Society, July

E.A. Patrick, "Emergency Treatment of Drowning," I ^ g s n s y ,

V i c t i m ^ 1 ^ ^ E S S ^ f f ? *?a1 Bl0HS f " Choki^

March/April, 1980. psrvioep, special issue on choking, I.A. Patrick, "Diagnosis a Treatment of Choking," E m s g s n c z , J u l y e^amfccSsuUi^^^^^ *? M e d l o a l W ference on M e d i c a T W S , S Z & Z X Z & U r t t : . " " C n "
1 fomes^10.^^^ ^SSrSf^i^"?P ' - S T * " " * ' ** * International Conference of t h e H m ' * f o c e e d i n S s f >e 1977 ice Society, September 1977. Systems, Man, and Cybernet-

&^:*iZL2S2F3W!F& !dr - ""**Cybernetics Society CoonfJren^ L ? E.A. Patrick, E . G . . Mareolin v c i . ''Pattern Recognition Applied to l a ? ^ ' n - ^ *' D t h W . Attacks," Proceedings of t h e L k l , of Heart 4 Diagnosis in Medicine, Rutga^ Unfve78ity, j ? ^ ^ Intelligence

J E E E Systems, Man, and

2.A,. Patrick, E.G. Margolin c o- u . . "Pattern Recognition I ^ U e d t 0 ^ J 1 ' * n d R" Othursamy, Attacks," Proceedings of the 197S ?.+ DIafino8i8 of Heart Cybernetics and Society, November 1-3 l-4na-!Q7fi Conference on E.A.. Patrick, E.G. Margolin v c . i " P a t t e r n E e c o g n i t i o n *%& \ a ^ V a g u c / i s T t t i
5

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_rf1

llias e P s a p\ r i'at S ^iSSaf? a p a i r f nOP S UlOB -

"Sementation of Meta-

lieyJohYf^ipSlo L b S " S S 2 ; H T y ' " , H e l " * . and George Heart-Lung Sya\e"sV proceediSa of t? A%' , S i n Artificial vanoe.et o f M e d i o a ! l ^ ^ ^ . ^ . ^ , 0 ^ * ^ * ' ^ ^ :

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It Pa Ca^ r! "52SS E S S SB^ ed

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Vol.. 187/pV 76?-71r ?e oru ary 2B, "ma

131

*--* o f
"**-*.-

U h tiona^'f a t e 2, l e PP r B i5-?4, X^rC eUa^0^ " ^""^f " Biology, * and " tfedldna, Vol. 1972 Computsra In. Put tarea a^Vnl0 " 5 " * ? ! U t Vol. WwUy'of Cells1972. and Cell Fea tures,^ V Eattara Becognitnoa, 4, pp. 211-226,

f n g - i d ^ l s i o ^ W n l 1 - - 9 & 2 S S - KnWl,edge f o r - * " 20, * 2, pp.. j w - S l f e b r J a r f . ^ ^ T 1 1 1 2 ^ " C Q f f i E U i ^ . V >- " -

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DEPOSITION EXHIBIT 53

Case 1:05-cv-02791-LW
*

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Page 9 of 13

Edward A. Patrick M.D., FACEP B.S., M.S.: Massachusetts Institute of Technology, Boston, Mass Ph.D. : Purdue University, West Lafayette Indiana M.D. 1974 : Indiana University School of Medicine, Indianapolis, Indiana Post M.D. Training: .1974-1975 : Research in Emergency Medicine with Dr. Henry J. Heimlich leading to development of Heimlich Maneuver and micrb-trach 1975-1976 : Resident I The Jewish Hospital, Cincinnati Ohio 1976-1979 : Specially arranged residency training in Emergency Medicine supervised by Dr. Henry J. Heimlich aimed at Board Certification in Emergency Medicine through combined formal residency training and practice route. 1988 : Certified a Diplomate of the American Board of Emer gency Medicine. Combined residency and. practice 1976-1982 : Spectrum Emergency Care (part time) at following: O'Blenis Hospital,. Athens Ohio Vetrans hospital, Pomeroy, Ohio Holzer medical center, Gallipolis, Ohio Ft. Hamilton Hughes Hospital, Hamilton, Ohio Lima memorial hospital, Lima Ohio 1977 -1995 Deaconess Hospital, Cincinnati, Ohio Department of Medicine with associate Burt Kleinman, M.D., Cincinnati, Ohio - EM at Dearborn County hospital, 600 Wilson Creek Road, Lawrenceburg, Indiana 1980-1981 Scioto Memorial Hospital, Portsmouth, Ohio 1980-1984 Attending - established Family Practice Residency program at St. Lukes Hospital, Cleveland Ohio and family practice clinic St. Lukes hospital at Solon in near; 1 Q Q Q t ^ l ^ C l e v e l a n d - B e s t CPC diagnostician - attending 1985-1988 Acute Care America ER group: Brown County Community Hospital, Georgetown, Ohio Berger Hospital, Circleville, Ohio 1989-1992 Attending in Emergency Medicine Medical College of Ohio, Toledo Ohio 1988-1995 Medical Health Services, 2910 Treevalley Court Cincinnati, Ohio 45244: Emergency Medicine Department Staff, Highland County District Hospital, Hillsbourgh, Ohio Medical Licenses: Ohio 35-04-0250; Indiana 01027137 Controlled Substances Registration CertificateOhio: AP2247395; Indiana: AP7195173 Advanced Trauma Life Support Instructor October, 1987 Advanced Cardiac Life Support Instructor October 1987 continued work with the American Heart Association and refer enced in ACLS guidelines for contributions to the new guidelines 1979-1981

Patrick 00065

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References: P a u l H. Schreibman, M.D. P r e s i d e n t , Medical H e a l t h S e r v i c e s 2910 T r e e v a l l e y C t . C i n t i . , OH 45244 T e l e p h o n e : 513 376 4 656 John D. F i e l d i n g ) M.D. D i r e c t o r of Emergency Medicine Camden M e d i c a l Center 2000 Dan P r o c t o r Drive, S t . M a r y ' s , Georgia 31558 t e l : 904 388 350 ; James M. F a t t u M.D., Ph.D. V i c e P r e s i d e n t of C l i n i c a l O p e r a t i o n s Wyeth-Ayerst P h a r m a c e u t i c a l s 145 King of P r u s s i a Road Radnor, P e n n s y l v a n i a 19087 t e l : 610 341 2162 (formally Associate Professor of Medicine, Indiana Universi School of Medicine) Henry J. Heimlich M.D., ScD President The Heimlich Institute 2368 Victory Parkway, Suite 410 Cincinnati, Ohio 4520 6 513 221 0002 Charles W. Hannah M.D. Sardinia Medical Clinic Sardinia, Ohio 45172 Robert S. Benintendi M.D. Georgetown, Ohio 45121

Patrick 00066

Case 1:05-cv-02791-LW

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DEPOSITION EXHIBIT 54

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Case 1:05-cv-02791-LW

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Page 1 of 8

DEPOSITION EXHIBIT 55

Case 1:05-cv-02791-LW

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Page 2 of 8

llo/pitcile/
June 12, 1975 Vol. 27 No. 24 DIRECTOR OF PERSONNEL APPOINTED

The "Bee-Line" Newsweekly on activities of interest about and for the employees of the Jewish Hospital of Cincinnati

DR. PATRICK PLANS RESEARCH PROGRAM

Mr.

Reese

Dr.

Patrick

Mr. Robert: A. Carney is announcing an organizational change in the Personnel epartment that is felt will strengthen whe services provided to the Personnel Family. Effective Monday, June 16, 1975, Mr. William E. Alderman will assume the position of Administrative Director for Personnel Services. Also on June 16th, Mr. Walter Reese, Jr. will join our Organization in the newly created position of Director of Personnel. Mr. Reese will report to Mr. Alderman, who will continue to be responsible for the over-all functioning of the Personnel Department, as well as the services of the Security Force and the Personnel Health Section. In addition, Mr. Alderman will focus his efforts on more extensive planning and the devel opmental aspects of our many personnel programs. Mr. Reese will be responsible for the day to day management of the Personnel apartment and its various functions ( ^ .iroughout the Hospital. These organizational changes will not affect any of the other existing (Continued on Page 2)

Edward A. Patrick, M.D., Ph.D., Profes sor of Electrical Engineering at Purdue University and Associate Professor at the Indiana University School of Medi cine, is joining Jewish Hospital on a part time basis to develop a research program in the area of biomedical en gineering, Robert A. Carney, Executive Director, has announced. Dr. Patrick will help bridge the gap between computers and medicine by pro viding consultation and research in such areas as advanced monitoring, telemetry relating to the care of cardiac patients, early breast cancer detection, computer capabilities in heart-lung problems, and computer assisted medical consulting and diagno sis. To do so, he will spearhead a program of computer applications to medicine, or biomedical engineering, at Jewish Hospital while retaining his academic interests and responsiblities at Purdue. Dr. Patrick is a member of the HARP team which recently announced the de velopment of a heart pump, adapted from the Apollo double diaphragm pump used in astronauts' backpacks, for use in heart-lung systems. Other members of (Continued on Page 2)

o
M u

CREDIT

UCase 1:05-cv-02791-LWFP Document 116-12

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Page 3 of 8

" ' ~ Credit Union members are asked to plan ahead for any withdrawals they wish to make before July 2. The Credit Union s switching to a computer operation and will be closed for business from 4 p.m. Wednesday, June 18, until 1 p.m. Wednesday, July 2. The computer will handle the basic clerical work of posting shares and loan transactions, eliminating the need for manual posting of each payroll's deductions. Additionally, it will pro vide quarterly reports to members on a more timely and businesslike basis, cal culating dividend rates automatically. If you will require a withdrawal before July 2, please request it on or before June 18. " ~~

LEARNING MORE EVF.RY nav "I've seen lots of changes, and they are changes for the better," says Ms. Margaret Stan ley, concerning her job as a Cen tral Service tech nician. Ms. Stanley, who works from 3 to 11:30 p.m., re cently observed her fourth anni versary at Jewish Hospital, but her knowledge of her -job and the hospital is even more extensive than that, for she had prior service at JH from 1957 to 1961. She knows how Central Service operated in those days and can compare the old with the new. ' bhe likes the modern equipment now in use especially the Amscar system which replaced the former pushcarts. Twice a patient at Jewish Hospital in the past, Ms. Stanley appreciates the patient's point of view. "I received fine care each time I was here," she said. "I need a job, and I'm glad to have one I like, said Ms. Stanley. She supports her 12-year-old daughter, Tanya Kay, a sixth grade student at Glendale Elementary School. Tanya Ls studying piano and clarinet in addition to her school work.

DIRECTOR OF PERSONNEL - CONTINUED positions in the Personnel Department. A native of Cincinnati, Mr. Reese comes to Jewish Hospital highly qualified. T the past several years, he has been -lager of Corporate Employee Relations for the Clopay Corporation with headquarters in Cincinnati. Prior to that, he was Personnel Manager for the I.T.T. Continental Baking Company operation in the Cincinnati area. A graduate of Ohio State University Mr Reese is married and has one child. He is active in a number of community and civic affairs. Mr. Reese has indicated he would like to get acquainted with employees just as soon as possible. He would en courage any employee to stop him in the halls, cafeteria, etc.,,to become ac quainted. We all join in welcoming him as he starts his new position with us. PR. PATRICK - CONTINUE the team are Dr. Henry J. Heimlich, Director of Surgery at Jewish HospitalNeil A. Armstrong, Professor of Aeros^ce Engineering, University of Ciniati, and Dr. George Rieveschl, Vice sident of Special Projects and Department of Environmental Engineering, University of Cincinnati.

Dr. Patrick is the only tenured Profes sor of Electrical Engineering who is also an M D. He received his B.S. and M.S. in Electrical Engineering from the Massachusetts Institute of Technology his Ph.D. in Electrical Engineering from Purdue University, and his M.D? from the Indiana University Medical School. He is author of Fundamentals of Pattern ^co^nition, Prentice Hall, 1972, and ' over 60 technical papers. He recently received national and international attention as a result of his research being applied to evaluate best treat ment of breast cancer.
Patrick 00984

Case 1:05-cv-02791-LW

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What'/ the buzz?

'COUNTING...Maxine Owens advertised ~<sx gerbils in the Flea Market. On the way delivering them to their new home, the gerbils delivered her two new babies...Much happiness to Kathy and Fred Rodgers who are moving to a new house...Congratulations to Mr. Seymour Littman, Controller, whose son has graduated from the University of Pennsylvania Medical School as a doctor and his daughter, a registered nurse, graduated from Case Western Reserve University...Mary Jane Lillie spent her vacation in Gatlinburg, Tennessee... Debbie Mattingly jetted to New Orleans for her birthday...Elmer Werner became a grandfather...Margaret Howell spent a week at Daytona Beach, while Ollie Lynch was camping in the Florida Keys... Mildred Conover spent her vacation at home. Kathy Rodgers, Ollie Lynch ADMITTING...Lillian Mullins was married on May 31. She and her husband are enjoying a honeymoon in Niagara Falls... P-*cis O'Brien's mother has left our pital after a lengthy stay and is recuperating nicely at home...Sharon Schultz recently returned from a week's vacation in sunny St. Bernard...Next week Barry Hyman will be camping in the hills with parties unknown. He and Yul Gibbons will meet to discuss the latest in edible vegetation in Kentucky and/or parts unknown...We have exchanged Mary BethsMary Beth Behrens left to enjoy the fabulous climate in Colorado and Mary Beth Kissel joined our family as evening and shift girl...Welcome to our new messenger Barney Beauchamp and lots of luck to Ralph Pettit, who joined the Engineering staff...Last* but certainly not least, our "faithful leader", Midge Butler celebrated a significant birthday.on June 7. Congratulations, and may she enjoy many more years of good health and happiness. Jill Kamin COMMUNICATIONS.. .Arlen < Sherrill's mother is a patient in the Hospital... Si"= Wade was a $20 winner in the Ohio 1 :y Buck drawing...Alice Gleick and huoband recently celebrated their 31st wedding anniversary. Sue Wade NURSERY...Best wishes to Luverda Bland (Continued on Page 4 ) Patrick 00985 for a quick recovery from her recent surgery...A baby shower was given for Gwen Williams, who is at home awaiting the birth of her second child...Jeanne Vigneaut recently took a trip to New Orleans...Karen Schwartz just returned from a trip to Jamaica...Welcome back to Barb Thomas, RN, on nights, who has recuperated from a long illness... Goodbye and good luck to Linda Ferguson who has worked at the Hospital for five years... Tammy Johnson, daughter of Mrs. Mamie Neal, is working in the X-Ray Department...Esther Miller took a trip back home to be with her parents and family for her parents' 50th wedding anniversary. Robbie O'Donnell 3216 BURNET...We extend our deepest sympathy to Joan Donley on the death of her father...Congratulations to Norma Crowder and her husband who recently celebrated their 29th wedding anniversary...Dale Reynolds was a bridesmaid in her former roommate's wedding; then went home to Cranford, New Jersey and to West Point for her brother's graduation. Pat Sunders

Sport/line
By Rita Laake GOLFJH Mixed Golf League standings for the week of June 6: tied for first place, D. Schaffner and R. Laake, B. Besenfelder and B. Haines; R. Squire and V. Bantel, and R. Bradley and D. Federle. Best scores for June 6 are D. Federle, 36; and W. Alderman, H. Camp and L. Kelly, 43. Best team scores are L. Kelly and C. Withrow, 63; C. Hurst and R. Wilhelmy, 64. SOFTBALLThe JH Women's Softball Team is off to an excellent start, winning four out of five games. On Monday night, playing at Caldwell Field, we haven't lost a game, beating American Airlines 22-5, Tool Steel 14-11, and Providence Hospital 22-5. In the Thursday night league we lost to St. ' George Hospital 8-2, and beat Children's Hospital 19-9.

Case 1:05-cv-02791-LW

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CW) ESouciuets t o , . . .
SERVICE ANNIVERSARIES - June 13-19 BIRTHDAYS - June 13-19 6/13 Christine Boggs, Alice Brown, Margaret Mason, Alice Neumann, Judy Snyder . Lester Baughman, Mary Nurrenberg, Mary O'Donnell Antoinette Abel, June Dickey, W.E. Patterson, Ethel Schimmel Julie Ellerhorst, Ellen Gerber, Cornie Kehrer, Stephen Maynard, Cedric McCutchen, Kathy Ruwe, Vivian Thompson, Pearl Watts Linda Booher, Abraham Cassidy, Frances Jackson, Brenda Knight, Eari Larison, Marie Reisert, Teri Wheeler Valerita Cast, Barbara Oppt, Cornelia Poole, Kevin Purcell Marlene Drake, Eldorist Jorden 6/13 6/14 6/15 Anthony Glenn (1) Patricia Burk (8), Donna Einhouse (1), Vicki Naples (1) Mary J. Anthony (16), Betsy Byrne (1), Dorothy Carr (5), Dorothy Dillingham (11), Cynthia Eick (3) , Patricia Seals (5), Lionel Staples (20) Jacqueline Anderson (6), David Imhoff (4), Eugenia Jackson (6), Cheryl Keel (6), Inez Railey (17) Rosa Archibald (1), Precious Campbell (11), Ronald Hammond (1), Dennis Johnson (1), Gloria Kettler (12), Susan Klein (7), Peggy Murphy (1), Richard Niemeier (22), Monica Quinlan (1), Evelyn Wadlow (7), Denise Wirth (1), Mary Yost (7) Edna Brown (27), Diann Martin (2) , Diane McCarty (1), William L. Smith (1) Rether Booker (11), Jo Ann Flaig (4), Susan Hoffman (3), Jo Ellen Monroe (8), Margie Nimeskern (3), Donita Sheffield (3), David Steinberg (1), Joseph Stenger (3), Virginia Stern (8), Orville Wood (4)

6/14 6/15 6/16

6/16

6/17

6/17

6/18

SPORTSLINE - CONTINUED Congratulations to Lewis Holt and Company with the help of Gwen Smith, Team Representative, and Louise Scretchen, Captain. BOWLINGThursday night summer league standings for the week of June 5 are: Misfits, first place; Engineers ill, second place; and Post Mortem Four, Slapsticks, and Engineers 2 tied for third place. High series for women went to Linda Meineke (457). By the

6/19

way, last week it was Linda with high game of 197. High game honors for women went to M. Davis (166). High game honors for men went to Art Menkhaus (199); high series to Roy Simpson (533).

Fie*afltarkefllo/pitcile/ Q-'i
AREA RUGoblong, 7^x10'j, fringed, forest green. Call 861-6554. FISH5" piranha, $29; 5" oscar, $15. Call 421-6484 after 3 pm. DINING ROOM TABLEmodern;' with four director's chairs; $100. Call 861-0417 after 5 pm.

The Jewish Hospital of Cincinnati

Eleanor Meagher, P u b l i c Relations Manager Bob Wilhelmy, Editor ;

C i n c i n n a t i E d i t o r s A s s o c i a t i o n Patrick00986

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DEPOSITION EXHIBIT 56

JOJp^*jgj

Case 1:05-cv-02791-LW J Document 116-12^\ q Filed 02/04/2008

M E M O R A N D U M 'M; N. s. Finer
DATE: TO:

. Page 7 of 8

July 7, 1975 REMODELLING OF SURGICAL TEACHING UNIT

Mr.

R. Wa s s
SUBJECT;

CC: /Dr Edward Patrick Dr. U. j . Heimllch

May 12 1975 and M f the ,. JewiBh ""Pital personnel family effect!^ ay " , 1975 and his secretary will begin on July 14, 1975.

S : S I ; K ; ; ; S: err:

of

* * - <* "

p Sjs

more

the f^owl^g rebelling 1^111111" 7 ^t h e h I* * 1 * Unit ^ " sical considered in order to bitter '! S P y " e a should be co better accommodate the activities of Dr. Patrick: 1. Office of Dr. Patrick a) Repair heating and air conditioning b) Remove the sink and the cabinet

that

Relocate the telephone outlet from the east wail west wall and center the outlet

Co

the

d) Repair and/or replace the ceiling

f>

Un^;rn the ue5t- s - th -d h - .

u P and .. t ^ t , c r ^ L 0 ' : i d : < i : o u c h ' a
lamp

" bi .^

h) The door leading into t-h nFf<^^ J ,6 ortice needs a door knoh and n i* i

2.

The secretarial area

'/"

b) Install g l a s s panels so thf, th* =. corridor traffic. secretary can control

Patrick 00981

I.-'

/ >

//

/ /

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Page - 2 -

Page 8 of 8

^ Mr. H. R. Wass

J u l y 7 , 1975

REMODELLING OF SURGICAL TEACHING UNI' CC: Dr. Edward Patrick Dr. H, J. Heimlich

c) The secretary's office is to also accommodate the nurse of

3.

Mr. McNeal's office a) Area adjacent to the secretary's office is to KP for Mr. McNeal. orrice is to be earmarked. b) Cabinetry on east wall is to be r e l o c a t e of the surgery corridor. "located ,,, to the west wall

4. f ( >

Corridor leading into the Surgical Teaching Unit

2) R e l o c a t e

or to the center of the corridor - ^ A is to swing out into the corridor t o ^ t h e H o ' p i ^ . ^

t h e d

b) An alcove of the corridor is to be n*rl .. i.

u3 - ~ ~r^^r"t,:r^ <

NSF/pmp

t. x

Patrick 00982

Case 1:05-cv-02791-LW

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Page 1 of 2

DEPOSITION EXHIBIT 69

Case 1:05-cv-02791-LW

Document 116-13

Filed 02/04/2008 Page 2 of 2 EDWARD ' PATRICK. M_n P H n Curric ie

1/77

B.S. Medical License

974-76 197^ 1966 1962 I960

Residency M.D Ph.D. M.S.

Surgery and Medicine, Jewish Hospital-University of Cincinnati Indiana University School of Medicine Purdue University, School of Electrical Engineering Massachusetts Institute of Technology, Electrical Engineering Massachusetts Institute of Technology, Electrical Engineering Medicine and Surgery ' . Indiana #269-7991 Ohio #40250
R a U n g > MuItfeng?ne

Related Training:

,nstrument

^ ^

Professjongljnd Society Affiliations (partial listing) President

African M ^ i c a r A s s o c i a H o n 6 0 ' ^ " E n 9 ' n e e r 5 ' American Society for Artificial Internal Organs Ind.ana Med.cal Society, Tippecannoe County lelds of Special Interest Emergency Medicine Medicine and Engineering Pattern Recognition Medical Computing Cardiopulmonary Diseases Consulting Activities fnari-i,,! listing) National Science Foundation National Academy of Sciences CRC Press Prentice Hall Publishing National Institutes of Health Books Published and Book Contributing E. A. Patrick, Fundaments of Pattern RecocnIHnn k t f ^ 0;f;rdaprIss; w f
: 3

s r s s ? E i:^L 7 a ^rt' - r

Systems, Man and Cybernetics Society of IEEE

a d

A so te

Sen,or Member

^^^^

I97q fn nr*, .

Prentlce H a n

, June 1972.

^ '
S C U n C e and T O m

^ I b u t l o n to: , Pr?orf

r r O W l S *Tlc... in J c ^ ^ w ^ m e n ^ ,

A. Patrick, Medical Decisi

o n ^ A n a J j s i s : Methods and A p p l i c a t i o n s . CRC Press, 1977.

Patrick 00580

Case 1:05-cv-02791-LW

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DEPOSITION EXHIBIT 72

Case 1:05-cv-02791-LW v

Document 116-14

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Page 2 of 12

VITA 5/78 Name: Edward A l f r e d Patrick SSN:

Personal: Date of B i r t h : Place.of Birth: Citizenship: Marital ,status: Wife's name: Children's names a n d , b i r t h dates: October 7, 1937 Wheeling, West V i r g i n i a
- * - - ' ' ' <

u: S. A, :"';:.. ;J vv y-YMarried Patricia L.

Education: Degree B,S. M.S. Ph.D. M.D. Instrumentated Rated Multiengine Pilot Medical Residency . Ph.D. Thesis

Maureen Therese Edward Alfred, Jr. 'William' Roy John George Date 1959 1962 1966 1974

School

>'

M. I . T . , Elect- Engr. M. I . T . , E l e c t . Engr. Purdue U n i v . , E l e c t . Engr. Indiana U n i y . , School of Medicine 2200 h o u r s . .; -'' Medicine & Surgery ( R o t a t i n g ) , Jewish H o s p i t a l , University of Cincinnati

"Learning ProbabiI i t y Spaces for Cl assif icatiori arid Recognition of Patterns With or Without Supervision." ? Medical License: Medicine and Surgery Ohio # 40250 ,'; '-',?

Indiana #269-7991 Honorary Society Memberships: Sigma Xi 1961

'',v ; '

Eta Kappa Nu

Honors and Awards Superintendent's L i s t , U.S. Naval Academy,1957 Dean's L i s t , Massachusetts I n s t i t u t e of Technology Purdue University Index 6 wth A = 6 American Men and Women of Science

Patrick00162

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- 2 -

American Men of Medical Science American Association for Engineering Education

Patrick 00163

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- 3 -

1
(E. A. Patrick) ;
Professional Experience Sept. 1957 - June 1960 Technician, Massachusetts Institute of tech nology Instrumentation Laboratory, , Cam bridge, MA :'"' Design Engineer, Massachusetts institute of Technology, Instrumentatibn Laboratory, Cam bridge, MA Part-Time Research Engineer, Sylvania/ Ap plied Research Laboratory, ifJaltham, MA Casual Research Engineer, Sylvania Research Laboratory, Waltham, MA Project Engineer, Sylvania Applied Laboratory, Ualtham, MA Applied

June 1960 - Sept. 1960

Sept. 1960 - June 1961

Sept; 1961 - Jan. 1962

Jan. 1962 - Jan. 1963

Research

Jan. 1963 - Oct. 1965

Graduate Student and Instructor, School of Electrical Engineering, Purdue.University Assistant Professor, School of Engineering, Purdue University Associate Professor, School of Engineering, Purdue University Electrical,

Oct. 1965 - Sept. 1968

Sept^ 1968 - 1973

Electrical

1970 - Present

Associate Professor, School of Medicine, In diana University School of Medicine, Profes sor 1974,. Department of Community Health Sciences Professor, School of Electrical Purdue University St. Elizabeth Hospital, Department of Medicine Deconness Hospital, Ohio Medicine Engineering,

1974 - Present

Hospital Medical Staffs

Lafayette,

IN

Department

of

Consulting Activities June 1963 Sept, 1963 Consultant, Church, VA Melpar Corporation, Falls

March 1966 - 1968

Consultant, Central Research Iaboraory Texas Instrument Corporation, Dallas, TX

of

Patrick 00164

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- 4 )

(E. A. P a t r i c k ) , - , ;

": ; \ "\-;':-::']'..,[ V';.,.'v

Dec. 1966 - Jan. 1969 June 1968 - 1971

Consultant, Dupont Engineering Physics la boratory, Wilmington, Delaware Consultant, Magnavox Wayne, IN Corporation, Fort

August 1971 - 1 9 7 2 , 1972 ~Prese^t ."::

1971

Occasional Consultant, technology Corporation, Santa Monica, CA ' " " ' '

Service

Consultant to the Director, Department of Health/Education, and Welfare . . Regenstrief .Institute; for ;Health Delivery, Indianapolis, IN Consultant, School of Basic ences, University of Illinois Care

; * Present . , :

I97*
1974

Medical Sci-^

' :'.'-.:.

...Consultant/

University ,of Cincinnati and

. , JewishHospital, University of Cincinnati

1974

. : :

.'-'.,. Consultant, Arnett Clinic, Lafayette, IN Consultant, Jewish Hospital, Cincinnati, OH Consultant, Technician Corporation

1975 - 19.77 " 1977 ''.-

Research Grants and Contracts Received Wright-Patterson AFB; Avionics Division/ 33(615)3768, ."Self Taught Com munications System," 4-1-66 to 3-1-68, $75,920. Dept.-of Navy, NObsr 95285, "Non-Supervised 5-5-66 to 12-31-66, $20,000. Pattern Recognition,"

Naval Ships Systems Command, N0O024-67-C-1162 (SECRET), "Unsupervised Adaptive Systems for Submarine Detection," 1-4-67 to 1-3-68, $117,000. Griffiss AFB, Rome Air Development Center, F-30-602-68-C-0186, "Infor mation Processing," 2-16-68 to 2-15-71, $122,450. Naval Ships, N00024-68-C-1193 (SECRET), "Supervised and Unsupervised Learning for Sonar Classification," 3-22-68 to 2-22-69, $92,334. Wright Patterson, F33-615-68-C-1577 (SECRET), "Nonsupervised Communica tion Systems," 3-1-68 to 5-1-69, $60,000. Naval Ships Systems Command, N00024-69-C-1265 (SECRET), "Detection and Classification Using a Prior-Model for Interactively Estimated Mappings," 2-24-69 to 2-23-70, $95,109. 1 g
C3

Case 1:05-cv-02791-LW

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Page 6.of 12

(E. A. P a t r i c k ) ' ; ' : ' v : ? r " : -

''"'

-;

'". ':/ -/-

Naval Ships Systems Command, N00024-70-C-1248 XSECRET), "Computer Aided tlLt ^ ^ ^ ^ o n U t i l i z i n g Supervised and ' ^ s u p e r v i s e d Es H t i m a t o r s , 2-23-70 t o 3-19-71, $92,382.88. ^ r ' M ^ ' . ^ r 1 0 ^ 6 ^ C e n t e r ' N 62269-71-C-0025, "A Study of Clustering and^Mode^Jor^Passwe Sonar Detection and C l a s s i f i c a t i o n , " 8-18-70 to G r ^ r % n n p i % n 1 t y " f d i c a l C e n t e r ' M a r i o n County Generai H o s p i t a l , Free Grant, 10-21-70. u n t i l expended, Term 2-29-72, $3,89?., , N S F G ^ 1099, with K. Fukunaga, " I n t e r a c t i v e Supervised vised Pattern Recognition," 2-1-71 t o 1-31-73, $131,900: and Unsuoer-

? ^ - 7 i a n l t f P i t a l f 5 0 r a ! i 0 n o f M a r ^ n County H o s p i t a l , Free Grant, 5- 2 5_72. * expended, $13,750, $7,200 on 12-23-7l'and $8,088 on HeaIth^and Hospital Corporation of Marion County and Regnestrief I n s t i t u t e , Prchase parts of a computer system, $42,000 u n t i l expended. Grant t o study automation of a smalI h o s p i t a l , $18,000. Grant.to research a Medical Communicator, $1,000. ' .'' tTJo-ia-76,Ci$S!oOFrdatin' " P a t t e r n
ReC

9nition

in

" e d i c i n e , " 10-1-74

Grant from School of Engineering for Computer Equipment, 1973, $15,000. Grant from Bioengineering Center, $12,000. Jewish H o s p i t a l , C i n c i n n a t i , OH, June 1976, $4,000. Benedum Foundation, j o i n t l y awarded to Edward A. P a t r i c k , Neil A Armstrong, Henry Heimlich, and George Reiveschel through I n s t i t u t e of .Engineering and Medicine, C i n c i n n a t i , OH, 1975-1976, $100,000.

&

" E3riy ia9n0SiS

/ Heart

Attacks

'"

I d V d u a l ized 0x en s / n of J Engineering Pn r C S B a S e ' "and " :Medicine," i ^ ^ ^$55,000. *r W I ots to s tJ i tiu^t e 1976-1977,

in

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'

Professional Society Activities

;-:-::'y':

Organization: IEEE International Communications Conference Activity: Session Chairman/ Adaptive Systems Session : : ; ; . ,^"i>.'' June 1966 ' /; . , , / ' : " ; Organization: Activity: Organization: Activity: ,"V,^-,i :'/../:' Organization: Activity: .Activity: ,>,;.. Organization: Activity: Activity: Activity: Activity: Activity: Organization: Activity: Organization: Activity: Organization: Activity: Organization: Activity: 1968 WESCON Convention ;' Organizer and Session Chairman August 1968 ''j':,;i.:.\.:y'--':/-'- ;v TAi''' * ' ' ' ' . / " ' -

''-."V

American Association for Medical Instrumentation Member,, Board of Examiners 1971 . "Present ' . , ; . ; ' -:\<;X . ' ; ' '; . " : IEEE Systems, Man/ and Cybernetics Society Chairman, Pattern Recognition Committee 1972 -Present ; Member, Administrative Committee (Ad Com) 1973, 1974, 1975 IEEE Transactions on Information Theory Secretary, Chicago Joint Section Chapter July 1968 - July 1969 Treasurer, Chicago Joint Section Chapter Acting Chairman, Chicago Joint Section Chapter July 1969 - July 1970 . Vice Chairman July 1970 - July 1971 / : "/.;'/ Chairman July 1971 - July 1972 U.S. Naval Technical Evaluation Committee for Automatic Detection and Classification Member 1969 and 1970 University of Hawaii Systems Conference Session Chairman 1969 American Association of Medical Instrumentation Certif ication of Medical Engineering Technicians Member, Board of Examiners September 1971 - Present IEEE Transactions on Systems, Man, and Cybernetics Editor, 1970 Workshop on Pattern Recognition October 1971

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Organization: Activity:

'

( :

Joint National Conference on Major Systems Organizer, Pattern Recognition Workshop I and II ,October 1971 Seventh Symposium of the Association for the ment of Medical Instrumentation . , Session Chairman , April 1972 American Medical Association
Member '' ; ::"'}

Organization: Activity:

Advance

Organization: Activity: Organization: Activity:Organization: Activity: Organization: Activity; Organization: Activity: Organization: Activity: Organization; Activity:

. . . ; . '
; ' '?%''

New York'Academy of Sciences ; Member

. ' , " . *

American Society for Engineering Education . Member American Col Iegeof Emergency Physicians Member. Department of Community Health University School of Medicine Member, Executive Committee SciencesIndiana

Permagon Press Associate Editor, Computers in Biology and Medicine The Association for the Advancement of Medical mentation Session Chairman, Seventh Symposium April 1972 IEEE (Health Care Delivery) Session Chairman 1973 Systems, Man, and Cybernetics Conference Session Chairman October 1973 First International Conference on Pattern Recognition Member, Program Committee Fall, 1973 National Telecommunications Conference Member, Program Committee 1973 National Emergency Board Member, Board of Examiners Sept. 1971 - Present
Patrick 00168

Instru

Organization: Activity:

Organization: Activity;

Organization: Activity: Organization: Activity:

Organization: Activity:

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<E. A. Patrick)
Organization: Activity: Second International Conference on Pattern Recognition, Copenhagen, Denmark Session Chairman, Bioengineering Applications August 1974 1974 Systems, Man, and Cybernetics Conference Session Chairman, Dealt Care Delivery V" ;: ' Panel Member, Biocybernetic and Phyiological Systems October 1974 : International Society on Bioteletnetry Member ' . . ' . * ; ' " . ' -

Organization: Activity: ; ' " . Activity:

Organizatiqn: Activity:

. . ' < " . ' ' ' - '

September 1974 [''-. "";. 'J"'! ^

Organization: Activity:

: :

' ; '
CA

1975 International Conference of SMC, San Francisco Session Chairman - 1975 ,". ;-';" H- ; ' ;'';^;'-':;;-

Organization:

Activity:

Joint Workshop of National Red Cross and National Research Council on Foreign Body Airway Obstruction, Washington, DC . Invited Participant . ; . ' . ' October 1975 National Science Foundation Conference on gineering, Cleveland, OH Participant 1975 " ' ;.;"' Medical En

Organization: Activity:

Organization: Activity:

1976 International Conference of the Systems, Cybernetics Society of IEEE, Washington, DC Symposium Organizer ' . Nov. 1-3, 1976

Man and

Organization: Activity: tion

Modification of Standards for Cardiopulmonary Resusci tation, National Academy of Science, Washington, DC Participant, Panel on Foreign Body Airway Obstruc1976

Organization: Activity:

Systems, Man and Cybernetics Society of IEEE Participant January 1976 - Present Indiana State Medical Society Tippecanoe County Medical Society 1976 - Present National Academy of Sciences Member, Committee on Emergency Medicine 1976, 1977
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CE. A. P a t r i c k ) '

Ph-. Thesis _Suprvi si on Completed Joseph P. Costelto Friend K. Bechtel Louis A. Liporace F. Phil Iip Fischer Leon Shen . George Carrayannopoulos Frank Stelmack

, ; '

-v

' ' *.

Thesi s

' Supervision Compl eted

Robert A. Agnew Leon Y-L Shen

! ITJl fh_._D. Thesis Students Currently Being Supervised Ramasamy Uthurusamy Joe Richeson Ph.D. Ph.D.

Courses Developed Information Processing Statistical Learning Theory Medical Engineering Course Pattern Recognition (Short Course) Information Processing (Short Course)

Courses "In Charge Of" Same as above.

School Committee Activities Committee: Activity: Committee: Activity: Electrical Engineering Curriculum Committee Member 1967-68 Electrical Enginering Research Policy Committee Member 1968-70, 1973, 1974
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(E. A. Patrick) Committee: Activity: Committee: Activity: Electrical 1968-71 Engineering Honors Committee Health Sci

Executive Committee, Department of Community ences, Indiana University School of Medicine Member 1972-Present E l e c t r i c a l Engineering Graduate Committee Member .':. 1968, 1973 Electrical Engineering Primary Committee 1974-Present

Committee: Activity:

Committee: Activity:

Engineering-Wide Committee Activities

University-Wide Committee Activities Special Advisor on Medical Engineering in Indiana to Dean of Medical School, Indiana' University School of Medicine.

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1
(E. A. P a t r i c k ) ; Research Book C o n t r i b u t i o n s and Books Published

"

i n O E i * 0 7 ; P ^ r i f KD fundamental? o f P a t t e r n R e c o g n i t i o n , June 1973, F i r s t P r i n t i n g , Second P r i n t i n g i n Process.

Prentice

Hal I ,

" -

to- * i P r w f P' ^ 0 n t j e r s l 4 P a t t e " R e c o g n i t i o n , 1973. t o . A P r i o r i Problem Knowledge and T r a i n i n g Samples."

contribution

C3] ^ A Patfjcfc j f c d J ^ V S ^ c e > r i ToorrbH*s: Aae^anl^h: T n ^ r ^ , ~ ".. - ; American, Oxford P r e s s , Summer 1 9 7 6 7 "
I 4 ]

CRC ^ e s s ^ w l ^ ' J ^ ^ r k ^ i ^ S S i b 0 t ^ ^ ^

and: ;A P P I j cat i ons ,

ft w- E " A " . P f r j 5 k r Keynote Address, ; Surve> o f D e c i s i o n A n a l y s i s i n neo^cjme T e c h n i c i a n I n s t r u m e n t C o r p o r a t i o n , Forthcoming p u b ! i c a t i o n i ^ American Journal^ o f Amejjxan College o f P a t h o l o g i s t s . .*n m

jierial

Journal Regular

Articles

El]

E. A P a t r i c k , , "Codes f o r Unsupervised E s t i m a t i o n o f Source and B i n a r y Channel^ProbabiI i t i e s , " J o u r n a l on I n f o r m a t i o n and C o n t r o l . V o l . 14, No. 4 , p p . 358-376, A p r i l 19691 "' ..... ' ; E. A. P a t r i c k , "Concepts o f an E s t i m a t i o n System, . Adaptive System and a Network o f Adaptive E s t i m a t i o n System," IEEE T r a n s , on Systems' l i e n c e , and C y b e r n e t i c s , Vol . SSC-5, No. 1 , p p . 7 9 ^ 8 5 r J ^ T u a 7 7 "1968T~ E. A. P a t r i c k , " I n t e r a c t i v e Use o f Problem Knowledge f o r nn 7 ? ! ; ; ! . ! ..i!! p p . 216-222, February 1971.
C n H Mng/, E Transact

C23

C3]

Clusterina

i " S on Computers. V o l . C-20, te.,2 : ' Features "

C4]

E. A. P a t r i c k , "Computer Output Display o f C e l l s and Cell P a t t e r n R e c o g n i t i o n , V o l . 4 , p p . 211-226, 1972.

C53 -

E. A. P a t r i c k , " I n t e r a c t i v e P a t t e r n A a l y s i s and C l a s s i f i c a t i o n
Kn0wledge

Utit-

Se^ember 1 9 7 0 ?
161

'"

%* R e c o g n i t i o n , V o l . 2 , p p . 105-116,

tir.nl' t P ! ? t ! f k 2 "C.yut*r C o n t r o l l e d P i c t u r e Scanning w i t h Applica91Ca C e S V o k 2 , p p . 5 - l i ' 1972 ' " ' " - ^ H H l i E i i n Biology ^ Hedjc_ine,

P
171 E. A. P a t r i c k , "Mapping M u l t i d i m e n s i o n a l Space t o One Dimension f o r

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CE. A. Patrick). s;., E83 E. A. P a t r i c k / " I n t e r a c t i v e Pattern Analysis and C l a s s i f i c a t i o n U t i l i z i n g Problem. Knowledge," Pattern Recognition, V o l . 3 , pp. 53-71 April 1971. ~~ ~ . ' E. A. Patrick> 1971 Workshop on Pattern Recognition, IEEE l5^H|4ggg pn Systems, Man, and Cybernetics, Vol. SMC-2, No. 4 , SecP tember 1972. ~~ : " ' -

C9I

C10D r E. A. Patrick and J . C. Hancock, "NonsupervisedSequential C l a s s i f i c a t i o n and Recognition of Patterns," IEEE Trans, on Information Theory, Vol v l T - 1 2 , No.,3, pp. 362-372, J u l ^ T 9 6 6 7 ^ ^ ~ ~ - ' , ...'"- . !
111:1

J ' .V t a t r 1 c k a n d J * P * C o s t e l l / "On Unsupervised Estimation Algo r i t h m s , , IEEE Trans, on Information Theory, V o l . I T - 1 6 , No. 5, pp. 566-569, September 1970. ~ ~~~" . . : ;i', -' -\ '
+

C12]

E. A. P a t r i c k , J . P. Costello, and F. C. Monds, "Decision Directed 5 f ' - ' 5 * l S " f a , T w o C l a s s Decision Boundary," IEEE Trans, on .Computers, Vol. C-19, No. 3 , pp. 197-205, March 1970. ~~ . . EW A. Patrick and D. R. Anderson, "Mapping Multidimensional Space ; Onto the Real Line for Computer Output Display," IEEE Trans on Computers, pp. 949-953, October 1968. E . A. Patrick and F. P. Fischer, "Nonparametric Feature S e l e c t i o n , " IEEE Trans, on Information Theory, V o l . I T - 1 5 , N o . 5, pp. 577-584 SeDtember 1969. v ' ' E. A. Patrick and F. P. Fischer, I I I , "A Generalized k-Nearest Neighbor Decision Rule," Information and C o n t r l , V o l . 16, No. 2, pp. 1^8-152, April 1970. E. A. P a t r i c k , "Cluster Mapping with Experimental Computer Graph ics, IEEE Trans. on_ Computers, V o l . C-18, No. 1 1 , pp. 987-991 No vember 1969. E. A. Patrick and L. A. Liporace, "Quasi Bayes Averaging of Sto chastic Approximation Estimators," Information and C o n t r o l , V o l . 18 No. 2, pp. 168-182, March 1971. E.^A. P a t r i c k , "Beaming Estimation Using Interval ized t i o n s , " Journal American Acoustical Society, July 1974. Basis Func

C133

[143

[153

C163

C173

C183 C193 C203

E. A. Patrick and R. J a r v i s , "Clustering Using a S i m i l a r i t y Measure Based on Shared Near Neighbors," IEEE Trans, on Computers, 1973.

E. A. P a t r i c k , "Review of Pattern Recognition in Medical Diagnosis and Consulting Relative to a New System Model," IEEE Trans, on Systems, , Man and Cybernetics. ~

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[21] C22] 1233

E. A. Patrick, et. al., "Pattern Recognition Applied to Surgery" accepted for publication, Computers in Biology and Medicine. E. A. Patrick and George Carrayannopoulos, "Segmentation phase Spreads," Journal of Pattern Recognition, 1976. of Meta-

E. A. Patrick, "Pattern Recognition May Resolve Management of BreasVCancer: Limited Mastectomy versus Radical Mastectomy," Science/ Vol. 187, pp, 764-765, February 28, 1975. "~^_ /

[243 E. A. Patrick, "Expected Outcome Loss to Evaluate Medical Diagnosis - and Treatment," Computers in Biology and Medicine, 1977, (first issue). [25] E. A. Patrick and R. Uthurusamy, "update on Pattern' Recognition Ap plied to Early Diagnosis of Heart Attacks," Proc. of the 1977 Intl. Conf. of the IEEE Systems, Man and Cybernetics Society, Sept. 1977. > E. A. Patrick and R. Uthurusamy, "Diagnosis, Treatment, and Out comes at Different Patient States," Proc. of the 1977 Intl. Conf. of the IEEE Systems, Man, and Cybernetics Society, Sept. 1977. E. A. Patrick, "The General Chairmans Symposium on Biomedical En gineering," IEEE Systems Manand Cybernetics Scoeity, Tokyo, Japan, bept. 1978. E. A. Patrick, E. G. Margolin, V. Sanghvi, R. Uthurusamy, "Pattern Recognition Applied to Early Diagnosis of Heart Attacks," Proceedings of the Systems, Man, and Cybernetics Society, 1976 Conference, Washinqton, DC, November 1-37T97 E. A. Patrick, "Airway Obstruction by Foreign BodiesEnergies and Statistics," Proceedings of t_he_ jj76 HjEE lljtenvs_. Man, and Cybernetics Society Conference, November 1, 1976, Washington, DC. ~~~~~ E. A. Patrick, "Diagnosis, Treatment, and Outcomes at Different Pa tient States," Accepted for publication, IEEE Trans, on Systems, Man, and Cybernetics, 1977. ~~ zrf ' ' E. A. Patrick, "Protocol for Diagnosis and Treatment of Foreign Body Airway Obstruction," submitted to technical journal for publication,
Iff I i

[26]

[27]

[28]

[29]

[30]

C31]

[32]

E. A. Patrick, Editor, 1971 Workshop on Pattern Recognition, IEEE Trans, on Systems, Man, and Cybernetics, Vol. SMC-27'No. 4, September
I /' L

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P.:r \\.:\"

- ':' .

Serial Journal 'Short'Notes

IU

' ^ . E " - A " b P a u r u ' l e . a n d J * C ' H a o c k / " I n t e r a c t i v e Computation of A Posl n ^ r ^ t H o n 0 T ^ l h t y l / ? r H _ A R Y N o n s i J Pervised A d a p t a t i o n - IEEE Trans, on Information Theory., v o l . I T - 1 2 , No. 4 , p. 483, October 1 9 6 5 7 - - T ~ Usina* J : ^ r 1 - k . a n - d i - p -'*?o.tello/ "Asymptotic P r o b a b i l i t y of Error D e c lll?rrlr Js^ E r e c t e d Estimators f o r Two Unknown Mean Vecto s ' I M | | l i < a a ; f a f o n M o n - Theory, Vol. IT-A, No. 1 , P P . 1 6 0 - 1 6 2 , < W u -

; SeriaJ[

JournaI Correspondence or Lett ers

Serial Journal Abstracts

C1]

c t ^ L - * ' , ! f r | c k * Abstract of "Nonparametric StatistTcal Theory j n d Method Abstracts.

Feature . S e l e c t i o n / ' '

C23

E. A P a t r i c k , Abstract of "Codes for Unsupervised Learnino of Source and Binary Channel P r o b a b i l i t i e s , " Z e r ^ r a l b U u ^ jlaJJ^k.

\ '
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'*/'./:

: : ; ''V::.'-:' ' ! . ' ' "''*:''' ' " : " * " '

Conference Proceedings and Presentations

C13

E. A. Patrick, "Distribution Free, Minimum Conditional Risk Learning Systems," Proceedings of the First Annual Princeton Conference on Infor mation Sciences and Systems, March 1967.

C2D

Ei" A. Patrick, "Asymptotic Probabil ity of Error Using Two Decision Directed Estimators for Two Unknown Mean Vectors," 1967 International , Communications Conference, June 1967. E. A. Patrick, "Distribution free Minimum Conditional Risk Learning Algorithm," 1967 International Communications Conference, June 1967. E. A. Patrick, "The Nonsupervised Learning of Probability Spaces and Recognition of Patterns," IEEE International Convention, Information II, March 1965. E. A. Patrick, "Design and Performance of 'Adaptive Receivers with Unknown Synchronization and Unknown Signals/' IEEE International Commun ications Conference, Information Theory Group, Philadelphia, PA, June 1966. E. A. Patrick, "Asymptotic Distribution of Maximum Likelihood Estimaors for a Nonsupervised Adaptive Receiver," IEEE International Com munications Conference Information Theory Group, Philadelphia, PA, June 1966. Computer Output

C33 C41

C53

C6]

C7] , E. A. Patrick, "Estimation and Recognition with Display," Proceedings of the 1968 WESCON Convention. C8]

E. A. Patrick, "On Nonparametric Feature Selection," Invited Key Speaker and Paper at the 1968 International Pattern Recognition Workshop, Delft, Holland, August 1968. E. A. Patrick, "Feedback Signal Design by Optimum Control and Dynam ic Programming," 1968 IFIP Congress, Edinburgh, Scotland, August 1968. E. A. Patrick, "(INTERSPACE) Interactive System for Pattern Analysis, Classification, and Enhancement," presented at Computers and Communications Conference, Rome, NY, October 1969.
*

C9] C10:

[11]

E. A. Patrick, "Bayes and Other Regression Functions for Unsupervised Estimation," Proceedings of 1969 National Electronics Conference, December 1969. E. A. Patrick, "Unsupervised Estimation with Feedback," Proceedings of the 1969 National Electronics Conference, December 1969.

[12]

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>

(Ei A. P a t r i c k )

'

;;

'" ,-];-;

C133

ids:^Pr!2-

1 C k

' " C I " S t e r "aPPing i t h Experimental

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C U ]

on

computer

Computer

Graph-

*^-:>*4
Neighbor Decision

*;, E * " "

a t

: ^

'

" G e n e r a l i z a t i o n o f t h e k-Nearest

C15;t

^ n J ^ ' / ^ l 0 * ' ' ' ' d e c i s i o n D i r e c t e d E s t i m a t i o n o f a Tiio-Ctass s 1 0 n B o u n d a r y / ' presented a t t h e 1969 P r i n c e t o n Conference. M M u H - A - ^ t r k ' ''Pattern Recognition f o r Diagnostic ^ne/rPr;oc;eedi

Deci^

116:1

and P r e v e n t W P

t173

K p | l v " r ! ! " r t P a t f ' ^ k ' M l " t e r a c t i v e Bin*W P i c t u r e ; M a n i p u l a t i o n , " Marvin j K e l l y Communications Conference, October ,1970. ;. r " " J . *riLck' " P a t t e r n Segmentation by P a t t e r n Recoanition " Proceedings o f t h e N a t i o n a l E l e c t r o n i c s - C o n f e r e n c e / December 1970 '
P / ' . / "
Pa

C18]

L m

^ * i ' l - ' * ; r a t M C ^ ' " A P r e P r o c e s s i n g A l g o r i t h m f o r Nearest Neighbor De cember 197 U o! S ' P r C e e d i n 9 S 0 f t h e N a t i o n a l E l e c t r o n i c s Conference, Der" E 1 \ A " P f 1 t H c k ' " I n t e r a c t i v e Image Processing Using t h e Computer as C o n s u l t a n t / ' presented a t t h e Two Dimensional D i g i t a l s E r f . I P sina Hrocessin Conference a t Col umbia, M i s s o u r i , October 1 9 7 1 . :-: * 9 - m E " A - P a t r i c k ' " M a P P i n g M u l t i d i m e n s i o n a l Space t o One .Dimension f o r Computer Output D i s p l a y , " Proceedings o f t h e 23rd Nationa Con erence A s s o c i a t i o n f o r Computing M a c h i n e r y , 1968. tonterence n*,
E

C20:I

C21:1

L l U

" iv

f^

r i c k

'

"Communication Over t h e Gaussian Channel w i t h

A i S t e d b y N i s e , e S S Deta ,ess

Unsu-

1 s o of f t th he r^ f lectronics ^ ings N a t i o n.a l f E Conference, 1969.

L2Z1

t 1 0 n

R e d b a c k / ' Proceed

K n n u f : , / " P a t r ! c k ' " T h e N e e d f o r Using Both S t a t i s t i c s and a F i e l d o f Man i n ^ r K 1 " P ! t t S r " R e c 9 n i t i o n , M 9 7 1 Symposium o f t h e IEEE Systems G r U P " '&" ' J O i R t N a t i n a l Conference on Major I'll', 9 7? iit-ii!:-A* P f r u k ' "Interactive P a t t e r n A n a l y s i s and C l a s s i f i c a t i o n and Z ' P r ? b l 6 m r K / ^ > " Presented i n p a r t at t h e 1969 Compuer a n d ^ o m m u n i c a t i o n s Conference, Rome, New Y o r k , September 30 - October

C24]

C25]

SySt<?m a NeEtwoA;kPao;iCLnt?nCePfS V ^ ^ ' A d a P t i v e S ^ t e , and a Network o f A d a p t i v e Learning Systems," Proceedings o f t h e Systems S c i e n c e , and C y b e r n e t i c s Conference, October 1967. Systems

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C263

D i W * v - ? t r 1 ^ *WJM Onto the Real Line for Computer Display, Proceedings of the 1968 A C M National Conference.

Output

C27:i

E .. - ; A - P a t r i c k , "Computerized Information Processing for Feedback Communications and Pattern Recognition/' 1968 W E S C O N Convention.

1281

MaH-E' A * . . P a T r i - k / " W ^ t i o n of Pattern Recognition i n C l i n i c a l Medicine/' I n v i t e d paper 1972 IEEE Conference on Decision and Control mber ^ ^ ^ ^ ^
:

'

*d

%*'/.

r ^ / ; t P a r i c k S " I n t ^ a c t i v e Image Processing Using the Computer as a Consultant,, . Proceedings of the Two-Dimensional D i g i t a l Signal Pro cessing Conference, pp. . 6 - 4 - 1 , Coi umbia, Missouri, October 1971.' :* H30] G.Carrayannopoulos and E. A. P a t r i c k , "Chromosome Processing," Au: tomatic Cytology Conference, Sponsored by Engineering Foundation, Sex ton River, Vermont, 1972. . ' 131] E. A. P a t r i c k , Leon Shen, and Frank Stelmack, " I n t r o d u c t i o n to the Theory of Medical Consulting and Diagnosis," Proceedings of the Nation al Computer Conference, June 1973. A r" A " , P - t r i n k C . " R e v i e w of. Pattern Recognition in Medical Diagnosis Fa?i1973 International Conference on Pattern Recognition, * *' * Patrick, et. al., "Apollo Double Diaphragm Pump for Use in Artificial Heart-Lung Systems/' presented at the Association for the Advancement of Medical Instrumentation/Boston, MA, March 20, 1975. C34J E. A. Patrick, et. al., "Compatible Medical. Consulting and Diag nosis by Computer," presented at the Second II Iinois Conference on Med ical Information Systems, Urbana, Illinois, Sept. 24-25, 1975. E A. Patrick, et. al., "A Relational Data Base Schema for Organiz ing Breast Cancer Treatment Data," IEEE Systems, Man, and Cybernetics Conference on Cybernetics and Society, San Francisco, CA, September

C32]

C35]

ZZ62

u !' A ; / a ? r i . t ; k ' " P a t t e r n Recognition Applied to Early Diagnosis of Heart Attacks, Proceedings of Workshop Artificial Intelligence Medicine, Rutgers University, June 1976. '.'.'>// stJ:**' ? a t r i c k ' "Foreign Body Airway Obstruction-Energies and Statistics, Presented at National Academy of Sciences and also to Proceedings of 1976 Systems, Man, and Cybernetics Conference of IEEE, November 1-3, 1976, Washington, DC. E A. Patrick, "Expected Outcome Loss to Evaluate Medical Diagnosis and Treatments," Proceedings of the 1976 Systems, Man, and Cybernetics Cnference of IEEE, November 1-3, 1976, Washington, DC.
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<. A. Patrick)

[39]

E. A. Patrick, E. G. Magolin, V. Sanghvi, and R. Uthurusainy, "Pat tern Recognition Applied to Early Diagnosis of Heart Attacks," accepted for. publication. Sectond International Conference on Medical Informa tion Processing, Toronto, Canada, Summer 1977.

Invited Lectures

[1]

E. A- Patrick, invited speaker, ballas-Houston Chapter, IEEE mation Theory, March 1969.

Infor

''is. E * A - Patrick, invited speaker, Denver Chapter, IEEE Theory, February 1968. [3] Ul C53 E. A. Patrick, invited lecturer, Couses on Systemm Umversiy of Tennessee Space Center, 1968. '

Communications Source, the

E. A. Patrick, invited seminar speaker, Duke University School of Medicine, October 1970. '*: ' E. A. Patrick, invited speaker, "Image Processing, Coding and Transmission Short Course," Purdue University, June 1-4, 1971.

C63 E. A. Patrick, invited speaker, "Indivitational Conference for v Health Servie Research Centers," Bethesda. MD, October 21-22, 1971. [7D E. A. Patrick, invited seminar speaker, host Dr. Mike DeBakey, Bay. lor Medical College, 1970.; C83 [9] E. A. Patrick, invited seminar speaker, Duke Medicine, 1970. University School of

"E.. A. Patrick, Invitational meeting on interactin oion of education, medicine, transportatin, law, social sciences, and organization, "Institue de la Vie," University of Paris, week of September 8, 1975. E. A. Patrick, panel member, Joint Workshop on Biocybernetics and Physiologica Systems, 1974 IEEE Systems, Man and Cybernetics Confer ence, October 2-4, Dallas, TX. E. A. Patrick, panel member, Technology October 3, 1974. E. A. Patrick, talk before the Program, October 29, 1974. Forecast Workshop, IEEE

[10]

[11] [12] [13]

Lafayette, IN, Medical

Education

E. A. Patrick, invited speaker. Eight Symposium on Computer Science and Statistics, California, February 1975.
Patrick 00179

Case 1:05-cv-02791-LW

Document 11.6-15,

Filed 0 2 / 0 4 / 2 0 0 8 . . Page 8 of 13

- 19 -

CE. A.

Patrick)

C14]

n - J ^P^rick, H o n d a , 1975. U*: A ' ^ i c k ' M e d i c i n e , 1975.

i n v i t e d l e c t u r e r / Press

Conference,

University of :-...', of

LX51

i n v i t e d

lecturer, University o f C i n c i n n a t i School ;::-: :.-.; ; '- .--. Conference, University

C16J

E. A. P a t r i c k , i n v i t e d l e c t u r e r , Press A r i z o n a , 1975. v

of

C17]
Z m

E . A. P a t r i c k , i n v i t e d . . l e c t u r e r * U n i v e r s i t y o f M a r y l a n d , 1975. Jxfl ?* - P a f r 2 C k V i n v ? t e d ^ c t u r e r . U n i v e r s i t y of Cincinnati, or E l e c t r i c a l . E n g i n e e r i n g and Computer S c i e n c e , A p r i l 1977. School

Pub I ished Reviews

''.

"

C1]

E. A. P a t r i c k , Fundamentals o f P a t t e r n R e c o g n i t i o n , reviewed i n : England Journal o f M e d i c i n e . ~ E. A. P a t r i c k , Fundamentals Nature. of Pattern ; Recognition, . reviewed

New

[2J

in

C3:

E. A. P a t r i c k , Fundamentals of P a t t e r n R e c o g n i t i o n , reviewed i n IEEE : T r a n s a c t i o n s on Systems, Man, and Cybernetics^ ~ " "' E. A. P a t r i c k , Fundamentals o f P a t t e r n R e c o g n i t i o n , reviewed i n IEEE T r a n s a c t i o n s on . I n f o r m a t i o n T h e o r y . E. A. P a t r i c k , "Comment on t h e Distance C r i t e r i o n o f Patrick F i s c h e r / ' TSVI L i s s a c h , IEEE T r a n s , on I n f o r m a t i o n T h e o r y , 1973. and

C4J

C5j~

161

T ^ T E ; A " P a t r i c k ' " 0 n t h e ^ s t a n c e C r i t e r i o n of P a t r i c k and Fischer," ihbE T r a n s , on I n f o r m a t i o n T h e o r y , V o l . I T - 1 8 , p p . 428-429, May 1972.

Technical

Reports

n ]

E . : / ' P a t r i c k and J . C. Hancock, " L e a r n i n g P r o b a b i l i t y Spaces for a C 1 0 n and Reco niti To crlJ ^ 9 o f P a t t e r n s w i t h or w i t h o u t S u p e r v i s i o n , " I K - E E 6 5 - 2 1 , November 1965.

C2]

c f' , \ ! ? a ! ^ ! ? ' / D i s t r i b u t i o n F r e e ' "inimum C o n d i t i o n a l System," TR-EE 6 6 - 1 8 , November 1966.

Risk Learning

Patrick 00180

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Page 9 of 13

(E. A. Patrick)

[3] [4]

E. A. P a t r i c k , G. L. Carrayannopoulds, and J . C o s t e l l o , "Five Results on unsupervised Learning Systems," TR-EE 66-21, December 1966. E. A. Patrick and F. P. Fischer, I I , " I n t r o d u c t i o n to the Perfor mance of D i s t r i b u t i o n Free, Minimum Conditional Risk Learning Systems," TR-EE-67^12, Juiy 1967. E. A. Patrick and G. L. Carrayannopoulos, "Codes for Unsupervised Learning of Source and Binary Channel P r o b a b i l i t i e s , " TR-EE 67-16, Oc tober1967. ; E. A. P a t r i c k , F. C. Monds, G. L. Carrayannopbulos, J . P. Costel l o , and T. A. M a r t i n , "Demo I-A Supervised or Unsupervised Learning Computer Designed for Demonstration," TR-EE 67-18, November 1967. E. A. Patrick and J . P. C o s t e l l o , "On Some vised Estimation," TR-EE 68-7, August, 1968. Approaches to Unsuper

C5]

[6]

Ill [81

E. A. P a t r i c k , J . Y. S. Luh, K. Fukunaga, D. R. Anderson, F. p. Fischer, I I , L. Y. L. Shen, F. K.. B e c h t e l , and T. F. K r i l e , "Final Re p o r t , Part I : Theoretical Results Supervised and Unsupervised Adaptive System for Submarine Detection," TR-EE 6 8 - 2 1 , July 1968. E. A. P a t r i c k , "Self-Taught July 1968. Communication Systems," TR-EE 68-23, Selec

[9] [10] [11]

E. A. Patrick and F. P. Fischer, I I , "Nonparametric Feature t i o n , " TR-EE 68-24, August 1968.

E. A. P a t r i c k , D. R. Anderson, L. Y. L. Shen, R. B. Chadwick, and G. L, Carrayannopoul os, "Sonar Channel Modeling for Feature Extrac t i o n , " TR-EE 69-29, August 1968.

C12] ^ E. A. P a t r i c k , K. Fukunaga, L. Y. L. Shen, and Dr. R. O l s e n , , "Sonar Detection and C l a s s i f i c a t i o n Using A P r i o r i and Estimated Knowledge, TR-EE 69-5, February 1969. L13] C14] [15] [16] E. A. Patrick and L. Y. L. Shen, "Waveform Processing Using val ized Basis Functions," TR-EE 69-17, May 1969. Inter

E. A. Patrick and J . P. Costello, "Unsupervised Estimation and Pro cessing of Unknown Signals," TR-EE 69-18, June 1969. E. A. Patrick and J . P. CostelIo, "Unsupervised Estimation and Pro cessing of unknown Signals," TR-EE 69-18, June 1969. 7 E. A. Patrick and F. P. Fischer, I I , "Computer Analysis and Clas s i f i c a t i o n of Waveforms and P i c t u r e s , Part IWaveforms," TR-EE 69-23, July 1969.

Patrick 00181

Case 1:05-cv-02791-LW '.

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Page 10 of 13

21 - ,

1
(E. A. P a t r i c k ) . . C17] C183 E. A. Patrick and F. K. B e c h t e l , "A Nonparametric Storage Constraint," TR-EE 69-24, August 1969. Procedure with

E. A. P a t r i c k / J . Y. S. Luh, L, A. Liporace, E. R. Cross, and F. P. Fischer, I I , "Application of Learning Technology t o Relay Communica t i o n s , " TR-EE 69-42, January T97Q.

C19] E. A. P a t r i c k , L. Y. L. Shen, R. A. J a r v i s , and J . Al tman, " I n , t e r a c t i v e Computerized Processing i n Neurobiology and Medicine," TR-EE 70-12, A p r i l 1970. C20] E, A. Patrick and L. A. Liporace, "Unsupervised ^ P a r a m e t r i c Mixtures," TR-EE 70-31, August 1970. ,'' [213 E. A. Patrick and F. P. Fischer, I I , ....... TR-EE 70-34, January 1971. , [22]
:

Estimation

of

"k-Nearest

Neighbor

Rules," for InAided

E. A. Patrick and L. Y. L. Shen, "Computer System Design t e r a c t i v e Pattern Recognition," TR-EE 71-4, February 1971.

[23] C24J

E. A. P a t r i c k , L. Y. L. Shen, and R. A. Agnew, "Computer Detection and C l a s s i f i c a t i o n , " TR-EE 71-25, July 1971.

E. A. Patrick and L. Y. L. Shen, "A Study of Clustering and Model for Passive Sonar Detection and C l a s s i f i c a t i o n , " TR-EE 71-32, August 1971. E. A. P a t r i c k , "Nonsupervised Sample Set Construction Techniques <0)," Final Report on Contract NObsr95285 Ser0253-524, C o n f i d e n t i a l , March 1967. E. A. P a t r i c k , "Nonsupervised Sample Set Construction Techniques," Report for Bureau of Ships Contract NObsr95285, August 1966. E. A. P a t r i c k , "Nonsupervised Communication Contract AF33(615)3768, July 1966. Systems," Report Large for Sys

C25J

C26] [27] [28] [29]

E. A. P a t r i c k , "Computers and Pattern Recognition f o r r tems," Purdue University TR-EE 72-27, September 1972.

E. A. P a t r i c k , " I n t e r a c t i v e Computing and Pattern Recognition with Applications to Health Care Delivery," Purdue University TR-EE 72-25 September 1972.

[30]

E. A. Patrick w i t h Frank Stelmack and Dave Bowen, Analysis of a Midsized Outpatient Clinic and a Design for Automating such a Clinic Using Fourth Generation Technology, Purdue University Technical Report, . September 1 , 1974. E. A. P a t r i c k , "Compatible Medical Consulting for Diagnosis Management," Purdue U n i v e r s i t y , TR-EE 75-26, September 1975. and

[31]

Patrick 00182

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- 22 (E. A- Patrick)

C32J C333

E. A . P a t r i c k / e t . a l . , "Theory for a Medical Decision Making Consulting System/' Purdue U n i v e r s i t y , TR-EE 75-16, May 1975.

and

E..A. P a t r i c k , e t . al . , "A Systems Approach t o Applying Pattern Recognition t o Medical Diagnosis," Purdue U n i v e r s i t y , TR-EE 75-12, 1975

Patents

Activities asa Referee

'-.>'

''''""'!

IEEE Transactions on Information Theory IEEE Transactions on Systems, Man, and Cybernetics IEEE Transactions on Computers Journal of Pattern Recognition Computers in Biology and Medicine Computer Reviews Science Scientific American National Science Foundation National Institutes of Health IEEE Spectrum Australian Research Grants Committee Illinois Regional Medical Program

Special Projects, Short Courses, Etc.

Contributi

on

E1] Lecturer, Purdue University, Two-Week Short Course on "Modern Aspects of Communication Theory," June 1966. H2J Organizer, Chairman, and Lecturer, One-Week'Short Course on "Information Processing," Purdue University, June 1968. IZ1 Organized new short course, "Information Processing Short Course, Summer
I 700* . .

C4] Invited participant in Professor Visitation Research Cdmpany, November 6-7, 1969.

Program,

Esso

Production

Patrick 00183

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1
(E. A, Patrick)

- 23 -

C5H Organized Pattern Recognition Workshop for first day of 1970 Systems Science and Cybernetics Conference, October 14, 1970. E6] Chairman, Panel Discussion at 1970 National Electronics Conference, "Medical Uses for Information Theory, Pattern Recognition, and Comput ers," 1970.;:;. C73 Notre Dame 1972 Conference on Pattern Recognition, Chairman for 6(i Pattern Recognition in Medicine, 1972. session

Short Courses, Etc. : Attendee

: ';i '

"','<

Pending Publications El] E. A. Patrick with Neil Armstrong, Henry Heimlich, and George Rieveschl, "A New Pump for an Artificat Cardioputmbnary System in Humans with Improved Performance." E. A. Patrick, "A Department or Center of Medical Computing." E. A. Patrick, "Nurse Clinicians and Health Care Delivery." Telecommunications for Rural

C2] E3] E4D

E. A. Patrick, '-Breast Cancer May Resolve Management of Breast Canc er: Limited Mastectomy vs. Radical Mastectomy."

Other Activities Indiana Regional Chairman of Massachusetts Technology 1971-1972 Fund Drive. Member, American Medical Association Medical Grand Rounds, Indiana University School of Medi cine, Presentation of a Patient with Thorotrast Poison, 1974. Institute of

Patrick 00184

Case 1:05-cv-02791-LW

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Page 13 of 13

- 24 -

1
(E. A. Patrick) Indiana University Surgical Conference, Presentation of a Patient with Refractory Hypocalcimia Secondary to Hypomagnesimia following Small Bowel Bypass for Obesity, 1973.

"-.

Patrick 00185

Case 1:05-cv-02791-LW

Document 116-16

Filed 02/04/2008

Page 1 of 11

DEPOSITION EXHIBIT 73

EMPLOYEE

Case 1:05-cv-02791-LW

Document 116-16

Filed 02/04/2008

Page

of 1 1 L

INDIANA UNIVFRSTTV

RECOMMENDATION FOR ACADEMIC PERSONNEL

CAMPUS
(D

ACTION

DEFENDANT' EXHIBIT
Q*S
7 3

JWlfflULCeatet.

BOt USe t h k f 0

H-t\<',

Name

* - "d e nt appointments,

Edward

1=
Social Security Number . |

^ S S i :.. Patrick
Middle 1 Last

B1-.

. Date .-..larch 3 0 , 1971 47906

Address (local, if established) . J . r l Q i , I n d i a n T r a i l Dv. W

-HfiS-tLJigfajrette, . I n d .

Department --CDBffitunity_.Health..Scinces " ' cu , ~ Schoo! o r ^ A^n,'K^;--Division : A. Nature of Action and Conditions ~ ~ " ' 1. Action requested: -XX-*tInitial appointment,

...Medicina

Reappointment r L, Fpumiment, Change m budget provision r t , h a n g C J WOrk -----Termination, Other (specify) ' " 2- Title and official rank proposed! ^Uaci^.^O^oZZZ,II Full-time Part-time V o l u n t e e r 1371 '
I2 month

or

*&>

3. Effective date(s): Beginning L.Apxil 4 Pav ! , , e , 5 * F a ^base: month, 10 month -Summer Session, Intension, 5. Recommended salary distribution:

>

other

. Terminating ....June 3 0 , 1974 (specify) Not a p p l i c a b l e

Possession Accounl No Position No Salary

Not A p p l i c a b l e

If additional funds are required, indicate source Present salary distribution (if pertinent): Account No. Position No. Salary

Not a p p l i c a b l e

sii vwrr ^ srs - - - - - s s*=- -

7

' bli;et;r,at>

eX

Note:
\

!" anati n f

th

* " (Name of Person R eplaced; Leave without Pay; Sab-

ITUS i s an i n i t i a l volunteer faculty appointment nr an Associate Professor of Ccmnunlty health Sconces'. (I.U. System Approval) budget Office (Reg. Campus Only)
Vice-President (Where applicable) ra, and if fiji.tfae

B. Approvals " ,(Campus) \ tJnitiatof(s)X,

5D e a nj * ^ 5
Chancellor new full-lime appointments

A. D ate , ^m Date

Date

^:AV
-

Date
D a f

Date
facuy (insfmcto,professor)

h=^:i - ,=-s:tx; r^f?,.5 ,--!*--* -

* affirmation, copy. SSee back of Initiator crmv account (s). person(sJ responsible for the

Indiana University 00015

Case 1:05-cv-02791-LW

Document 116-16

Filed 02/04/2008

Page 3 of 11

THE TRUSTEES OF INDIANA UNIVERSITY Office of the Secretary

BRYAN HALL

I
J O N A L D C. D A N I E L S O N , P R E S I D E N T J O H N E. EARLY, VICE-PRESIDENT C H A R L E S E. HARREI.L, SECRETARY J O S E P H A. F R A N K L I N , TREASURER J O H N W . RYAN P R E S I D E N T OF T H E UNIVERSITY

BLOOMINGTON, INDIANA

47401
T E L . NO. 8 1 2 337-J76I

Bd-4/24/71

Professor* Edward A. Patrick 2304- Indian Trail Drive West Lafayette, Indiana 47906 Dear Professor Patrick; In their meeting of April 24, 1971, The Trustees of Indiana ?h?!' a P *\ " aPPoint-

tame, for the period April 1, 1971 to June 30 197M ment is without stipend or tenure. '

I am happy to join the Trustees in welcoming vm, t n TA : Universitv x-nfl * + n ^ n wJ.*-unung you to Indxana university and m extending our best wishes to you for a hatmv and rewarding experience here. nappy Very sincerely yours,

President, Indiana University Attest;

Secretary, Board of Trustees sn cc: Vice President Hartley Chancellor Hine Dean Irwin^"" Dept. Chairman Mr. Tirmenstein Payroll Insurance

Indiana University 00013

Case 1:05-cv-02791-LW

Document 116-16

Filed 02/04/2008

Page 4 of 11

- ^.
99mmm & & IfeagMfc

%w

*** & * a*^#- *m*JZSfiJE^

KIEL* L * ^ ^ *N*

cos?***** , ^ ^ ^

PURDUE 00076

J) _

Case 1:05-cv-02791-LW ""Document 116-16re m'Filed 02/04/2008

PERSONNEL FORM 3 A

/Page 5"of 1 1

9974

Central INDIANA UNIVERSITY WAGE AND HOUR LAW EXEMPT PERSONNEL ACTION RECOMMENDATION

Stores C a t . N o . BB2 B120O

Chi

Appropriate: 0 Initial a p p o i n t , Termination

CAMPUS
Q Reappointment,

Indianapolis
Q

47275
D

Change in budget provision,

Change in work or title,

Q Other (specify)

Nme in Mi:

Edward Alfred P a t r i c k , Ph.D.

INITIAL OR PRESENT APPOINTMENT

Jewish Hospital 3200 Burnet Avprmf CincinnatiT'dntc." 45229

CHANGE RECOMMENDED

T'He:
J

Associate P r o f e s s o r egfcSfeSs

%%

W3&\
IR02
D Part-time faculty status

Part-rime faculty starus

Volunteer

Function & Rank C o d e :

Department:
Ace. Number

School, d i v i s i o n , or location:

Community Health Sciences Medicine

Pojirion No, Salory/Boia FTE:

Department: School, Division, or location:

Ace,

Number

not applicahlA v-m

jlui
Olher

Positiqn No.

FTE:

TOTAL
plm

<M3]

TOTAL
meali

room

other

iOURCE OF ADDJTtONAL FUNDS: FFECT1VE DATE OF ACTION: 'Er

L D

Xfti$?Q&?eaQ{ZG<: S e p t . 30, 1976

N / &

OF APPOINTMENT:
-IM1TED PERIOD ENDING NON-LIMITED PERIOD

(Change in salary to be made effective first day of pay period only.)

PAY BASE: D

N/A
Q Academic Year Q First Semester Second Semester

12-Month Year

Summer Session(s) _ Session ( Session ( weeks) weeks)

t0

*PP0INTMENT TERMINATION:
D D S.UBJECT T O N O T I C E NOT S U B J E C T T o N O T I C E

N/A

D
INFORMATION:

Other Period

from
~

THIS SPACE IS TO BE USED FOR ADDITIONAL

including cov^T n u ^ r i ^ T f a r U ^ i ' f Z 7 ^ J ^ for exceptions to norm,, terms and conditions of I s Iction.

mak7 e x i l i n g ' ' " '"

" T ^ ' T ^ ^ " * ' ' ^

P t > ^ as Slgr ,ed in firs, period of appointment, ^ *' ' d d i , i O M ' * " * " *"<* -commendation

C haS l6ft thS ^'JTf * University. with Indxana

State and has no further

connection .v

:vidence of compliance w i t h

Ind

tana University's A f f i r m a t i v e

Action Plan is g

on file Q

-NaehetKH

"or required

Indiana University 00016

;nded

Recommended:
I Pa I Dear, 0 r tfvMon h e a d l ' H r ,fil^ ^
l

Recommended or Cleared* I D u n of faculty or P e r v J n n t | Office

Approved: Chancellor

Oile

Vice-President

DOES N O T REQUIRE B O A R D ACTION

Case 1:05-cv-02791-LW n^Document 116-16 A Filed 02/04/2008

BRYAN HALL

Page 6 of 11

BLOOMINGTON.
DONALD C. MT E . JAM G. iPM HARRY M. L. DANIELSON, GATES, PRESIDENT

INDIANA

47401

VICE.PRESIDENT

T E L . NO. 3 I 2 3 3 7 - 3 7 ( 1

BANNON BUCK GONSO GlTMAN LONO

CASCII.YN P CLAEENCF, W. LESLIE C. RICHARD E.

SHIVELY STONER

C H A R L E S E. JOHN D.

HAHRBLL, SECRETARY TREASURER

MLI.HOLLANO,

ROBERT E .

BURTON, ASSISTANT

SECRETARY-TREASURER

Bd-11/19/76 Dr. Edward A. Patrick Dean's Office School of Medicine Dear Dr. Patrick: In their meeting of November 19, 19765 The Trustees of Indiana University confirmed the termination of your appointment as Assocxate Professor of Community Health Sciences, School ol Medicine, without stipend or tenure, effective September 30

Very sincerely yours.

President Indiana University Attest: Secretary, Board of Truste es

sn cc: Vice P r e s i d e n t Irwin Dean B e a r i n g ^s D e p t . Chairman F a c u l t y Records

Indiana University 00017

Case,1:05-cv-02791-LW__D.ocument

)-1l

Filed 02/04/2008

Page 7 of 11

STUDENT AFFAIRS
J a n u a r y 5, 199 6 Indiana Univ School of Medicine Medical Science Bldg, Room 152 635 Barnhill Drive Indianapolis, IN 46202-5120 Re: Edward A. Patrick, M.D Social Security No.: Birth Date: Department: Affiliation Type: Dates of Affiliation: 234-56-8867 10/07/1947 Community Hlth Sci. Assoc Professor /1974 /1981

JAN

9 1996

The above applicant has made application to work with our group in the practice of Emergency Medicine and refers to affiliation with your facility. It would be very helpful if you could confirm this information, provide/verify the information below. Due to our time constraints in obtaining privileges for this ^ r ^ i f 1 ' W U l d n Y U P l e a S S r e p l y b y f a c s i m i l e transmission to (214) 712-2444, or mail a reply at your earliest convenience in the S r m i f enclose" " ^
e n V e l

PS "

Si

^ned

rele

* s e of information

QJLLA
Erin Chenault Credentialing Coordinator This is to certify that the above applicant was privileged to work at our facility and our records reflect the followinq datesPrivileges issued on ( i f temporary privileges were granted prior to appointment to the medical staff, please note both dates) Privileges expired on Staff Status Category: DeparTm^nTT There is nothing on file of a derogatory nature File contains derogatory information regarding Personality Conflicts w/Peers/Hosp. Employees/Patients Quality Issues Other, explain No, the above applicant was not privileged to work at our racility. Signed: Date : Title

E^ylCARE. INC. 1 7 1 7 M A I N STREET SUITE 5 2 D D . D A L L A S , T E X A S 7 5 2 D 1

300-527-S1 45

Indiana University 00029

Case 1:05-cv-02791-LW

Document 116-16

Filed 02/04/2008

Page 8 of 11

^ Z ^ ^ a TZac,71? toZrT

E "

^ 7 '

> t
a ty

Contractor Agreement will be effective until signed by both panics nor WiU I have any contractual h CCUrS: " ml commitme >' fruiter or any other EmCare representative shall constitute COntmCl mik EmCare U Cmtmgent UP n my < * * * * * "*P**V * the Hospitals) where I desire

medidne issoZatn ^ S n ^ 7 * T'8"?' ^th HSpi!al(s} WUh EmCare " " * ! ' * " W ^ntinued tZZtedand!^ 1 ^ ' ' T " " " ' " " " " " ^ * ** ^ . ? * * * * a , W , ( / ^ , is terminated and 1 desire to have staffprivileges, it will be necessary for me to reapplyfar these.

V nglnal irZtZ!^ tkr * t T S Cmtained ? ** ^m"!' "*'W ^ ' ~ " "*** * *** *** ***
I^ZH^ETCI

bZ^ZJatZ: v Z ^ X Z

r I T

QPP

T ref S 77

*?"**"
lmed

EmCar

**

aPPliCatWn

''

8 CmtaCtmg

referenCeS

* " * * * * * "PPUcation or terminating a subsequent Agreement. ^ W COndua a " * * " * * * of my professional ^ HSSed bV ^ A P'mal"' <*this Eolation shall be as

I hereb. release from liability all representatives of EmCare. the Hospital, or us Medical Staff for their act s performed in good faith and t ^ r t Z ^ Z e t n ^ T T
mf n

TT

* ^

H SPm

r ^

MedlCal

tn

* * * > * "* **

Z*

kerning

ttsz&ti -;t:rs:^i::^ *"**&?** ***yrt r

Date'
REV 9m

to

th

r-'y
/

'

'

/J

^~ - ^ L ^ W I / Signature

^ ^ _ ^

-^.

Indiana University 00030

<f

/-v

r\r-

r\r\-rr\

i \ HI

r-\

A A r\

A rs

Case 1:05-cv-02791-LW

Document 116-16

Filed 02/04/2008

Page 9 of 11

taANA UNIVERSITY

January 17, 1996

SCHOOL OF MEDICINE

Erin Chenault Credentialing Coordinator EMCARE, Inc. 1717 Main Street, Suite 52 00 Dallas, Texas 75201 Dear Ms. Chenault: The records on Edward A. Patrick, M.D., reveal that between 1971 and 1976 he had an appointment in the School or Medicine as an Associate Professor of Community Health Sciences on a part-time, voluntary basis. There is no indication in the records that he was a member of the medical staff at that time. He held the rank of Associate Professor. If you have any additional questions concerning him, please do not hesitate to contact me. Sincerelyy

Stuart Kleit, M.D. Associate Dean for Clinical Affairs

SAK:lsv
OFFICE OF THE DEAN

Fesler Hall 302 1120 South Drive Ji anapo!is, Indiana 46202-5114 317-274-8157

Indiana University 00028

Case 1:05-cv-02791-LW

Document 116-16

Filed 02/04/2008

Page 10 of 11

DEPOSITION EXHIBIT 79

PRESIDENT'S

Case 1:05-cv-02791-LW2l Document 116-1 :/04/2008 PAYROLL CHANGE-MONTHLY STAFF

(1) NATURE OF APPOINTMENT OR CHANGE D CONTINUING EMPLOYMENT PROMOTION CHANGE IN NORMAL PAY ^ACADEMIC Q D

Page 11 of 11

NEW APPOINTMENT REAPPOINTMENT OF EMPLOYMENT

YEAR BASIS

TERMINATION

FISCAL YEAR BASIS SPECIAL PAYMENT (SPECIFY|:

*_ OTHER (SPECIFYi:

Increase i n percent of enployotat

(2) SOCIAL SECURITY NO. <4( EFFECTIVE DATE

234-56-8867
MONTH DAY

.(3)

Name.

Patrick
LAST

Edward
FIRST MONTH DAY MIDDLE INITIAL YEAR

January

1975
YEAR

(5) TERMINATION DATEEMPLOYMENT. YMENT. % OF FULL TIME FOR PAYROLL OFFICE USE

" N O T E : TO 8E USED ONLY IF STAFF MEMBER IS TERMINATING i LL. UNIVERSITY (6) T I T L E

PRESENT PROPOSED
U)

Professor - Electrical Bnftinearia^ Professor - Electrical Engineering PRESENT

(8)

90% IO0X STATUS

111) CASH PAY ANNUAL $ HATE (12) FULLTIME PERIOD $ RATE [13)
PERIOD $ RATE

EMPLOYEE IS EXPECTED TO BE ON STAFF: LESS THAN 5 MONTHS; D 5 TO 24 MONTHS: ffi MORE THAN 24 MONTHS (GROUP INSURANCE AND RETIREMENT PLAN PARTICIPATION WILL BE BASED ON ITEM CHECKED IN LINE ABOVE*

m
DEPT. NUMBER

110) PERIOD $ RATE

114) POSITION CODE

1194 CHECK HOME

DEPARTMENT NAME

utn.

E l e c t r i c a l Engineering

1285

1890

18,900

2100

0006F10

PROPOSED

STATUS

Case 1:05-cv-02791-LW

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Filed 02/04/2008

Page 1 of 12

DEPOSITION EXHIBIT 80

'RESIDENT'S

oFrifeEFoCase 1:05-cv-02791-LW

D o c u m e n t 116-17

: F i l e d 0 2 / 0 4 / 2 0 0 8 , P a g e 2 of 12

J :S PURDUE UNIVERSITY A P P L I C A T I O N T Q W E R M I S S I O N TO ENGAGE IN AN OUTSIDE ACTIVITY

lmeM f Acuity, Administrative or Professional staff of the-Un e o b t a oed on t h iom from the President of the University or his d tvers es secure t h e a p p r o b a t e approval. After action has beea taken on the reques

^.ector, consultant, or t; W connection with any professional association, edu cahas els e rem one copy and forward two copies to the department

=^e^=^/^^^r
_EArard A.,Patrick
Professor

ti

D A T E ^AOL^JL^
IE

JJ^JQ

scHnm Engineering School

DEPARTUFNIT Electrical Engineering

SCRIPTION OF OUTSIDE ACTIVITY

Consultant
WE AND ADDRESS OF OUTSIDE ORGANIZATION CONCERNED

Jewish Hospital

Cincinnati. Ohio
OUNT OF TIME TO BE DEVOTED TO ACTIVITY (EXPLAIN FULLY)

/
Of

Pay per week

,/ERSITY FACILITIES AND ESTIMATED EXPENSE (EXPLAIN FULLY)

Hone
L THIS ACTIVITY INTERFERE WITH UNIVERSITY DUTIES? (EXPLAIN)

Ho

cur,vE M E H 0 R A N D U M B,O 0B ZSEZSSZXZSXSS^ SESAZZSEXT SET FORTH

- o ' v V s * ^
HIS DESIGNED F
T H E Pn0P

""" " * .

AND MATER-

SED AGREEMENT FOR REVIEW AND APPROVAL BY THE PRESIDENT

APPROVED
PURDUE 00226
OVAL RECOMMENDED-DEAN. DIRECTOR OR ADMINISTRATIVE OFFICER

0ATE

FOR THE PRESIDENT JOVATOF

bwM

THIS APPLICATION 53 EXP EXPIRES AUTOMATIC! I v

iT

TUC

S^

Case 1:05-cv-02791-LW

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Page 3 of 12

DEPOSITION EXHIBIT 82

Case 1:05-cv-02791-LW
SUIT'S OFHCf FORM 33 tEVISED 10/1971)

Document 116-17

Filed 02/04/2008

Page 4 of 12

REQUEST FOft APPROVAL OF ABSENCE FROM CAMPUS tiuTY

(FORM TO BE USED FOR ABSENCE REQUIRING APPROVAL OF THE PRESIDENT OF.THE UNIVERSITY)

LLN" MILI1, i

WITHOUT SALARY WITH QUARTER SALARY . WITH HALF SALARY W|TH THREE QUARTER SALARY WITH FULL SALARY OTHER (SPECIFY) E ON LEAVE TITLE.
t-ACCOUNT NO.

NAM

& - jtogjA^ftrtajck
3

SABBATICAL* MATERNITY DTHER (SPECIFY)

SOCIAL SECURITY NO-.

POSITION CODE

DEPARTMENT,
ACCOUNT NO.

Elcctptcaj ga^tttasftaa
S t i i S t X * O J
MONTH (DO NOT INCLUDE GRADUATE STUOENT YEAR EMPLOYMENT)

PURDUE EMPLOYMENT BgSAS

F R O M . ,

fa&

JJOIHROUGH

ffeBf

&.

* HAS SABBATICAL LEAVE BEEN APPROVED AT ANY TIME PREVIOUS TO THIS REQUEST?

YES IAL FOR ABSENCE FROM CAMPUS DUTY FOR THE'ABOVE DATES IS HEREBY'REQUESTED FOR THE PURPOSE OF

NO_

IF ANSWER A N S W E ISMESMfrlCATE R^ .JF DATE

jO&

I m (ipwiufli.tlMf r w t i w i h m . per&ai&rle exsracorpsfal Ittsssa oxygssi^tof a t wall as ra^periaed patter* nffiagpltfrnt <stf arly 4tsaolfe <*f heart ftttacfcs.
4-'

"

i t *> rtTiditu tfmz * m&m mf ttm m^hshkm tteSvatslty fey fel !a nier tea agpty ***& tlisfe t the ai,sve research 'gmgefcts* I b i s part m ? reasardt i i t f l fee c o a s t e d I n C i f & n a a t i * &*!e*

j**

/
* ;;- f ,**

jmiifi&ffi-*
"DE^NTIRADMINJSTRATIVE'OFFICEi>"<^V U I O N S RELATIVE TO LEAVE OF A B S E N C E - ILLNESS HMTinii

^-/'^.|
UIIIT.OV snn.T,/., .,

FOR THE PRESIDENT . (Not valid unless dated a n ^ Initialed by authorized \ University Officer) . ;

n ft.

ivt4l

Case 1:05-cv-027|91-LWi j " Document 116-17 ui Filed 0

(1) NATURE OF APPOINTMENT OR CHANGE 0 D r NEW APPOINTMENT REAPPOINTMENT "ERMINATiON OF EMPLOYMENT THER SOCIAL D D CONTINUING EMPLOYMENT PROMOTION ' CHANGE IN NORMAL PAY w
3

Page 5 of 12
ACADEMIC YEAR BASIS FISCAL YEAR BASIS SPECIAL PAYMENT-(SPECIFY|:

i5 D

V (2)

(SPECiFYh Leave o f absence -wife 60%-pay (2-20-70 t h r u 5-16-75) SECURITY NO, 234-56-8867 .13) Name.
February MONTH

*/

0/^

JliLa^LtL^ i^^^^c/jP^H^
Edward
FIRST MONTH
DAY

Patrick
LAST

A,
MrDDLE I N I T I A L YEAR

1 4 ) EFFECTIVE DATE

20
OAY

1976
YEAR

(5) TERMINATION D A T E * * ^

" N O T E : TO BE USED ONLY IF STAFF MEMBER IS TERMINATING A L L UNIVERSITY EMPLOYMENT. 6) T 1 T L E 'RESENT % OF FULL TIME FOR PAYROLL OFFICE USE

Professor

- Electrical

Engineering Engineering

100% 60%

'ROPOSEnFrofeasor - E l e c t r i c a l
71

EMPLOYEE IS EXPECTED TO BE ON STAFF; LESS T H A N 5 MONTHS; D 5 TO 24 MONTHS; * ? MORE- THAN 24 MONTHS M U W m ! 5 (GROUP INSURANCE AND RETIREMENT PLAN PARTICIPATION WILL .BE-BASED ON ITEM CHECKED IN LINE ABOVE) '

PRESENT
(31 (9] DEFT. NUMBER (10}

STATUS
(11) CASH PAY ANNUAL $ RATE. (12) FULL TIME PERIOD $ RATE (13)
PERQUISITE PERIOD SftATE

C14J POSITION CODE

im
HUME

DEPARTMENT NAME

PERIOD S RATE

Electrical ,

Engineering

1285

2700 '

27000

2700
\

0006F10
1

IT

Electrical

Engineering

PROPOSED 1285 1620

STATUS 16200

270O

WmOF

6) CHANGE IN NORMAL PAY

*kfc**%&$&

MONTH

FRACTION OF PERIOD

$ AMOUNT

A ) 3 S FIRST PERIOD'S PAY DIFFERENT FROM NORMAL PAY, INDICATE; B) D FINAL PERIOD'S PAY DIFFERENT FROM NORMAL PAY, INDICATE: C) ANY OTHER PEFIIOD'S PAY DIFFERENT FROM NORMAL PAY, INDICATE:

Apr.

$540.00

71. REASON OR EXPLANATION: p r o f . P a t r i c k s h o u l d have r e c e i v e d $1620,00 pay foj[FOR PAYROLL OFFICE USE 53 ( 2 - 2 0 / 3 - 2 2 - 7 6 ) however t h e approved Form 33 d i d n o t g e t f i n a l a p p r o v a l u n t i l :er the d e a d l i n e . Hia check f o r A p r i l s h o u l d be $540,00 >roved Form 33 i s on f i l e * Pay f o r Mar, should have been 1620% teceivP.* M,r. flWV fnr> ?7QQ - b a l f n L d ^ ^ ^ ffiU^ j g o . O O ^ jjjjj^
S) REQUEST FOR BUDGET TRANSFER IOM: !OM:

Case 1:05-cv-02791-LW

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DEPOSITION EXHIBIT 85

NSF Grant Documents

Case 1:05-cv-02791-LW

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Page 7 of 12
"t 1

ase

'IMP

i
fen w

7 4 - 0 4 l ,8
U f f l M REOOGHinOK APPUED TO MHHCWB Prep*red by FUHBi UNIVERSITY ^ < 5
* j %

School of Electrical Engineering Lafaytee, ladlasa Submitted to iBftBMXiai Division Kational Science Foundation
t>-"

tfjfCy

9 m * o
CO <

Thnsugh Pur<ta R e s e a r c h F o u n d a t i o n Dlvition of Sponsored Program

*je ?rio<J - February L, 1974 - Jwamxy 11, 19UJ

/T^4 Amount |tgMC*i $

fit** d
6?,S73

Previous Srant Ktaaber OJ109? RISCIPAL INVESTIGATOR: APPROVED:

"rof. Edard A. Patrick 17-463-7121

jA. SCBOOI f l*efle*l Eogiaeerlcg & 317-74S-2609 3

ivia,, A s s o c i a t e D i r e c t o r ^ v i s i o n c f s p o n s o r e d Programs urdue R e s e a r c h F o u n d a t i o n Organ, Prog. Ae<st OM, C l u a

_ 4.f,lW4W'MfJi|||[i^-,,
Joha C. Hancock

*3&<>s
TH[ OI.IO LEG*[ 3LANK CO., INC.

DEFENDANT'S EXHIBIT
OJ
CLEVELAND. OHIO J,!l 05-1799

http://medfraud.info/NSF Grant Budget.html

5/15/2006

NSF Grant Doc

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Page 8 of 12

^e '

XATKrtiAt SClfiMCt rot WlAllOK }'k-3iftf#Jiiui*t,' >*tTyTtC-< M A t ^ a g U L L<lfa>'cttc, Indiana

RESEARCH Gft-WT flUDGLT 4 I1SCAL fttPORT Costrol ami Autcnartoft

r flMVfai ftasesrcl* FoumiatTSSix

j 24
K SAlMHil AJSOWMMI
*. ^ k. EC*^^Ws(fc^ WiHt^fcS*tt$ r r t , AlHCIMM

^ J

(IMG 74-64118 3 ?

[_at.rickj)
*H# fv"*4 M.l* fc**|*n *),

^f*"M

S3?55G-I2i5

mm * **,
17,218
X7f 2 l o $

-iu*si;

j\?3

. t f ) , w w . i ^ t K l , p ^ at**^,*

<^ia-yl
16,800

. J SMi**f-a><* (, J T*ct***t, State, I M 8 f 9 * 1 a MMff B C otai-atp A* twttcr eosr ^ e TOTAt SALAR.fS ^..Vtttl. A x a s T A i r tC'iC riTJJ* j m Vt. tCRMAtttNT tCWMtHt

f.fff
2,900 2,971.50

ncmurmm. n
1^300 f

f, [XHNDAflM rOUIFMfJfr**9SUM>tJtS f. TAAVtl 1. QOHttnCOMCtUOMaCAAAOAJ J, FOREIGN 0. WBVICATKJ* COStS

M. cowyrt * ? coirs i* tMutsta AS escr COST t atMom ot* COSTS

CosttultMtfi 13J.00

,, ,

"

CewainicJiEloft*

I,9S9.a$

A TOT*^ mmei COSTS ic ^v* * . (WIMCJ costs

$8,51 a t *alarie3 & MSfM X 39,691.10

L f O I A i . C o m ijpiuiK) M. AMOWNl C* TrtiJ ArtAHO mSi,NDt0) ft. CUMWiAllVC COAfiT AWOynt o. ywtxrtf.ci t c * ;.N, B I J G I T MS?VS L, x,^oi7uiE>
Bt MANAS' U t t Kt ttetl il a m m w y

IHtWiJUt R(BC.uestd -sr.d pprevc<i by St. C*pl*a o l jSSF on 10/7/7$.

H * t t v l rrwe<>*i.i*ttAiie i U J l i f ';:: I H K S l f fOHJH 1

PM MH ws* oww*
?*> f o u l Htjwl Ht**tKi

O'fcsll A*f^Kt*!t SS>9rt * t * *

-*tt>S!'t AND IN Ai'COKntMT

<>W.<

Kt, *V*ttS

ftf.t*m

HI

111

Ok.Cin

ftOn*.

A.fiWh.

ii

* - *

MMbfiMi

^ ^ t*st

Ml

II

http://medfraud.info/NSF Grant Budget.html

5/15/2006

NSF Grant Canse 1:05-cv-02791-LW

i

Document 116-17

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Page 9 of 12

Page 3 o f 4

SATIOfttL SCJEMCE. FOOMJATiCW

wmx itmmmm OF SF mtm mTOEmm \<mn*>vwn

% Effort A, Salaries and tl*93 PriotipoT Investigator | * r d A. Patrick SOfttSS ^,200 $ JOSF* S0|FV 1G61FY 25*Flf 1,387 10/1/?*-/30/?S l67i/?59/30/76 Tow!

5 M21

surram
2, other Personnel 4 . Technician b. c. A, Sradttftt* Student {2) Campui&r TOTAL I. Pm$rmmt A&E$ Secretarial - Clerical

MM
s t*S1

$ 8,608 S.&10

$ !?, I 3,736
J6.803 3, W0 2,6?8 % H,*S8 $ 2,010 215 610 22 39
$ 2,SO0

I \,%n
&,km 1,509
IIIIUJ|1

$ 1*51*
&,%M 1,500 i.382 $ 22,027

ttttttn &

% 2t,tas $ 919 10?

Fringe BemsOts. IIM-SS Social Security insurance Workmen's tspercsati< Bueaptoywnt iflstirnc 8OTOTW.

i.3i IJ2 310 11 20

3$e \\
if $ 1.M&

5 1,4ft

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Document 116-17

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Page 10 of 12

a e

w\m-$/w?$
C. Total Salaries, Wages, * fringes S>. t*pendab1e Supplies E, Travel f, Pub!icatlon Cost 5. Total Otrect Cost H. Indirect Cost .685 of Salary iqvlp
$ 22,841

10/1/75-3/30/?$

Total

23.511

$ WfJS
1,300 1,500

sso
75*
500 2%,7*1 14,676

m
750 500 25.4H 15,081

i.ooo
50,152 23.765

S 59.M7

$ 40,500

$ 75,917

Han-Hontns IO/I/74-5/J0/75 CAL ACAO 1,78 StWN 2,0

Han-Konths IO/1/75-9/30/76 CAL 0 ACAO 1.7? SUHN 2.0

Han-?kmths Total CAL 0 ACA 3.57 $im 4,0

Principal

Investigator

"The difference between the snlor personnel effort listed and the t o t a l s Included In the FTE summary represents a portion of the University's contribution to t h i s p r o j e c t , "

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Page 11 of 12

age

PURDUE

UNIVERSITY

'*ft*^*fca*"-T|ll

. I.

^j*

^r* Norman Cap San Xation-al Science r%aa4atlOM ISOO fi Streets ,V. Washington, 0*C. 20J5Q Dear Hens, This Is to request a transfer of funds from the salary category to t r a v e l . The aeynt I t 5653,00. The travel toil w i l l be ysesi for eyseif end graduate students to travel to s c i e n t i f i c conferences where we have had papers accepted: Second n t r o l s Conference on e4iea1 Information System University of I l l i n o i s

thafflpalon,

Illinois

System, MM m4 yb*rnet?es Conference (t$?5) San Francisco, California Sincerely,

^"->k

Edward A, Patrick, H.ft, Phr Professor of Electrical engineering, Pyrdwe University, School of Bedlclne, Indiana University

ccs

Mr. Rendy Stell EE Business Office

http://medfraud.info/NSF EAP letter 9-16-75.jpg

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Page 1 of 1

PURDUE

UNIVERSITY

SCHOOL Or ClCCYMlCAl. B W M W I K I

8r, fens an Capita ita^ifraterirtg Bivisioa Xatisnai Science Muntttttaa Sfeshinjjton, B.C. Sar S'ora; Enclosed i s a copy o | P a t t e r n Recognition A??ll4 to Early Diagnosis oi Rttftrt Attacks," which w i l l b & prs*ate4 at A pattsrn tccosnieion c.Afrec t h i s f a l l , t h i s vork Hit sijprcei by the KSF grar.t. Sinesraly,

....

^H

Etlwas4 A. faerie";, M.D., H u S .

EA?/sal Enclosure

FILE

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DEPOSITION EXHIBIT 86

Case 1:05-cv-02791-LW
"i

Document 116-18

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EDWD Curric
Y

Page 2 of 13

PATRICK, M.D., PH.D. ,n ' -\e

1/77
rofessor of Electrical Engineering, Purdue University, Indiana University School of Medic.ne, Medical Staff, Jewish Hospital, Cincinnati, Ohio. 197^-76
]S7k 1966 1962

Residency
M

Surgery and Medicine, Jewish Hospital-University of Cincinnati Indiana University School of Medicine
Purdue

- '

Ph,D M

University, School of Electrical Engineering

"S-

Massachusetts Institute of Technology, Electrical Engineering Massachusetts Institute of Technology, Electrical Engineering Medicine and Surgery Indiana #269-7991 Ohio #40250

B.S. Medical License:

Related Training:

Instrument Rating, Multiengine rating, private pilot, 2200 hours. listing)

Professional and Society Affiliations (partial

President, Systems, Man and Cybernetics Society of IEEE, 1975 to present Computers in Biology and Medicine, Associate Editor, 1970 to present Institute of Electrical and Electronic Engineers, Senior Member American Medical Association American Society for Artificial Internal Organs Indiana Medical Society, Tippecannoe County ields of Special Interest Emergency Medicine Medicine and Engineering Pattern Recognition Medical Computing Cardiopulmonary Diseases Consulting Activities (partial listing) National Science Foundation National Academy of Sciences CRC Press Prentice Hall Pub!ishing National Institutes of Health Books Published and Book Contributions E. A. Patrick, Fundaments of Pattern Recognition, Prentice Hall, June 1972. P.'..Mta"?be',^^^-^f- P a t t e r n ^cognition. 1973, contribution to: "A Priori Problem Knowledge and Training Samples." 0 i f o r d a p r s ; 1977! C a 1 ^ ^ ^
l0mrr

"'S

r i c a n , " in Tomorrow's American.

j A. Patrick, Medical Pecision_Analysis: Methods and Applications. CRC Press, I977.

VHEOHIO LEGAL B< ANK CO . IMC,

DEFENDANT'S EXHIBIT
dtf
g 6

.H4-0-7L

PatrickOOSSO

Case 1:05-cv-02791-LW

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DEPOSITION EXHIBIT 87

Case 1:05-cv-02791-LW

Document 116-18

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Page 4 of 13 I

-** a t e wiry

Mtu,te

^^fe"? (Ki
fe

ctrJCs?

-.o^-w.:-o_
i-t;
-'378^OSpftal* a
n

" Urgency e d | c /
r
S

ne

9 ^rector

W /JOSoJfa,

d a n c e d GPfi , , , . . ' ^l!AL

f ,nd,ar

* . Ohio , "6

*erg e f 3 c y

LIST Or *

]
"
'racheostomf* ies Che

^mmw7)

st tubes

Hemorthorax Pneun/othorax - F l a f ] Chest * * . F n . | Taps or Tubes ^erlcareflocentesls "Thoracentesis -Spina} Taps

V^ii

5 5
3 4 5

-JL.
5 10

f'EiidQScopy rS I gusaf doscopy -Jofht Aspfratfons

tv3

w
s

"Venous Cutdown

Case 1:05-cv-02791-LW

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2

Page 5 of 13
2

"CuIdocentesFs
"TractTon Devices "Injections (Bursa, tendons, chest wall) -Emergency OelfverJes -Choking

5 8 6 2

f r o w n i n g (Near)

^"apfatactlt Shock
' -"^ki-nircfrest-yomds -Disectlng Aortic a.ne.urli ism -Hypertensive Crisis -Open Fractures -Eclampsia -RespI tory Arrest -Cardiac Arrest -Emergency Pacemaker
i
z

k
k 1

Many

2
3
Y

-Large Venous IV Line -Endocrine Emergencies ACADEMIC POSITION "Full Professor, Purdue University

HOSPITAL STAFFS

Hosplta]f Ufsyettej (r)d!ang; ^ -Demoness Hospital, Cincinnati, Ohio; Medicine

-Lima Memorial Hospital, um, Ohio;
Emergency MedcE MedJcinQ

-st. E 2 a b e t h

-Hober Medical Center, * , , , oh f o; ^

r g e n c y

- e a r h o r n county Hospital, Oearhorn, f n d l a n a ; e mer ge ncy Medicine ZlltlU COmmUMty H SpIta3 > **vFIHt 0h,O; Emergency "Guysey Hospital, Cambridge, Ohio; Emergency Medicine -Community Medical Center Hospital Marlon nhin. U5 Emergency Medicine P ' ^ ' "arfon, Ohio; -Troy Hospital, Troy, Ohio; Emergency Medicine ~mUUtn
HUgh8S HOSPrta

'

Hamnton

> *0| Urgency

" - - ^ B l e n n e r H o r P r t a T r A t h e n s , Ohio; Emergency Medicine -Veteran's Hospital, Pomeroy, Ohio; Emergency Medicine

36

Case 1:05-cv-02791-LW-

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BOOKS

>n Continuing Medical Education} Edward A. Patrick M.D. LRC Press 1979 Oecis^Ona]ilIsjjIj!iedJ^

fdward A. Patrick M D Pflproc i c^-rr.r, E.A. Patrick M'D

Bt

M ,_ Wford PressT57S
L

' =

cn^^i <

^ ^ ^ - ^ ^ I c e s , March/April igeo 9 W c t f l r 5 S f i r E! 6.A. Patrick M.D % ] r ^ Ch0 ^ g , " Q f f i , Oufv 9fio n a t e D a " g e r o u s Treatments of 3] EA. Patrick M n r P^ding publications l \ T C y T r e a t , B e n t of Drowni ng," C4J E.A. Patrick M.D R< Uthurusamy Ph.*D. ' m e s F a t t u M - D -> Ph.D. s

American Medical Assoe*.** Georgetown Medical SrhnM

, , *t..

FllyP r , C M ,T
act,ce

'

Evansv, B

" . Indian,

F.n 7 - Logansport. Indiana R " y Practice, winafflac, , d 1 a n a targancy M e d i e f n e , Cincinnati. OMo L&J E.A. Patrick M 0 et 1 " 1 Diagnosis and Consult. i c t K ? y n o t e a d d r e s s " Med1Society Conference, 1979 n 9 , 1 9 7 9 M a n a s t * t e Medical t-6] E.A. Patrick M n D+ * Proceedings of & Third n , ? ' ? U L T - 1 i n lntUS Care cation in Medical C a r * ^ i S f f i " " . Computer AppH(National Center f o l jSaJS S S S i - 0 ' 0 - * * * 1979 H ^ l t h Statistics Dept. HEW).

13

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DEPOSITION EXHIBIT 88

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~)

DR. EDWARD ALFRED PATRICK 810 Matson Place Cincinnati, Ohio 45204 (513) 471-8370 (Condensed Curriculum Vitae) Sept. 1987

FORMAL EDUCATION INDIANA UNIVERSITY, School of Medicine; Indianapolis, Indiana M.D. (1974) M.I.T., Cambridge, Massachusetts B.S. and M.S. Electrical Engineering and Computers PURDUE UNIVERSITY, Lafayette, Indiana Ph.D. Electrical Engineering and computers
$ ~

BOARD CERTIFICATION AMERICAN COLLEGE OF EMERGENCY Physicians (Residency plus practice) part "i: Passed December 1986 * Part 2: To take MEDICAL LICENSES State of Ohio 35-04-0250 State of Indiana 2713

INTERNSHIP/RESIDENCES 1974-1975 Research in Emergency Medicine. Purdue University, University of Cincinnati with Henry J. Heimlich, M.D. & ~ 1975-1976 Rotating Internship, Jewish Hospital, University of Cincinnati 1976-1978 Special Residency in Emergency Medicine under directorship of Henry J. Heimlich, M.D. Teacher in Family Practice, St. Luke's Hospital/Case Western Reserve University, 1980-1984. Teacher''in Emergency Medicine, St. Luke's Hospital/Case Western Reserve University, 1980-1984, Special Note: Member - Committee on Emergency Medicine of National Academy of Sciences, 1976 and 1977. Participant - Panel on Foreign Body Airway Obstruction, Modification of Standards for Cardlopulmonary Resuscita tion, National Academy of Science, Washington, D.C, 1976.

Patrick 00105

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DR. EDWARD ALFRED PATRICK

PAGE 2

Special Note: (cont'd) Invited Key Participant - Joint Workshop of National Red Cross and National Research Council on Foreign BodyAirway Obstruction, Washington, D.C., October, 1975. Member of American College of Emergency Physicians since JL977 i First Certified-Advanced Cardiac Life Support - December 13, 1977. Invited Participant - development of new ACLS guidelines at 1985 Dallas American Heart Association. Referenced three times in JAMA 198 6 Standards and Guidelines for Cardiopulmonary Resuscitations and Emergency Cardiac Care JAMA June 6, 1986, V o l . 255, N o . 2 1 . Certified Advanced Cardiac Life Support Renew Instructor ACLS, October 1987 Advanced Trauma Life support Renew Instructor ATLS, September 1987 Hobbies Private pilot, instrument rated Microcomputers, computer diagnosis RECENT MEDICAL EDUCATION ACEP Written Board Review Course, October 198 6 ACEP Oral Board Review Course, September 1987 Harvard Emergency Radiology, May 28-30, 19 86 Neurological Diseases 1986 Abdominal Pain, Virg.inia ACEP, August 1986 Orthopedic Emergencies, Feb. 22 - March 1, 1986 EKG Interpretation and Arrhy. Management 198 6 CREM III SURGERY-TRAUMA, Comprehensive Review and Update of Emergency Medicine, American College of Emergency Physicians, Feb. 5-9, 1985, Detroit, M I CREM I CARDIOVASCULAR/PULMONARY, Comprehensive Review and Update of Emergency Medicine, American College of Emergency Physicians, March 26-30, 1 9 8 5 , Anaheim, CA CREM II MEDICINE/PEDIATRICS, Comprehensive Review and Update of Emergency Medicine, American College of Emergency Physicians, M a y 6 1 0 , 1985, Chicago, IL CREM IV NEUROLOGY/TOXICOLOGY, Comprehensive Review and Update of Emergency Medicine, American College of Emergency Physicians, June 7-11, 1985, New York, NY *

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")

DR. EDWARD ALFRED PATRICK RECENT MEDICAL EDUCATION (cont'd)

PAGE 3

Clinical Approach to Arterial Blood Gases 1 Interpretation and Electrolytes t 1985 Critical Review of Toxicology
MEDICAL EXPERIENCE (Partial List) ACADEMIC POSITIONS

Nov. 198 5

%B [

In conjunction with Professorship at Purdue University, ASSOCIATE PROFESSOR, Department of Community Health Sciences, Indiana University School of Medicine PROFESSOR, University of Cincinnati, Research in Emergency Medicine (see publications)

9/^.^AgULTYlEstablishment^of Family Practice Residency r*r Program, St. Luke's Hospital/Case Western Reserve University, 1980 to 1984 *' TEACHER in Emergency Medicine, St. Luke's Hospital/Case Western Reserve University, 1980 to 1984. HOSPITAL
STAFFS

(Partial List)

HINES VA HOSPITAL, Acting Director, Engineering Rehabili tation Center, Chicago, Illinois (on leave from Purdue University, 1980 to 1981) SAINT LUKE'S HOSPITAL, Department of Family Practice, Cleveland, Ohio, Attending Staff, 1981 to 1983 DEACONESS HOSPITAL, Department of Medicine, Cincinnati, Ohio, 1980-present LIMA MEMORIAL HOSPITAL, Emergency Medicine, Lima, Ohio HOLSER^MEDICAL CENTER, Emergency Medicine, Gallipolis, Ohio t FORT HAMILTON HUGHES HOSPITAL, Emergency Medicine, Hamilton, Ohio SCIOTO MEMORIAL HOSPITAL, Emergency Medicine, Portsmouth, Ohio ST. ELIZABETH HOSPITAL, Medicine and Family Practice, Lafayette, Indiana 1975-1980 BROWN COUNTY GENERAL HOSPITAL, Emergency Medicine, 1984present (with Acute Care America)
; ;

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~)

DR. EDWARD ALFRED PATRICK EMERGENCY MEDICINE (Condensed)

PAGE 4

BROWN COUNTY GENERAL HOSPITAL 1983-1988 (with Acute Care America) , 1 ST. LUKE'S HOSPITAL, Cleveland, Ohio; Emergency Medicine, Family Practice 1981-1983 SCIOTO MEMORIAL HOSPITAL, Associate Director, Emergency Medicine; Portsmouth, Ohio 1980-1981 MARION COMMUNITY HOSPITAL? Marion, Ohio 5/1/80 - 7/1/80 HOLSER MEDICAL CENTER; Emergency Medicine? Gallipolis, Ohio 5/1/79 - 8/1/80 ^ ' DEARBORN COUNTY HOSPITAL; Dearborn, Ohio (full-time) 1979-1980 ' LIMA MEMORIAL HOSPITAL; Lima, Ohio 8/1/79-7/3 0/80 VETERANS MEMORIAL HOSPITAL; Pomeroy, Oh 6/1/77-12/3O/fs O'BLENESS HOSPITAL; Athens, Ohio 6/1/77-12/3 0/78

FT. HAMILTON HUGHES HOSPITAL? Hamilton, Oh 3/1/77-12/30/78 OTHER EXPERIENCE ASSOCIATE EDITOR, "Computers'in Biology & Medicine", Permagon Press PRESIDENT, System, Man & Cybernetics Society of IEEE 1975 to 1977 * PHYSICIAN IN CHARGE OF CLINICAL COMPUTING, Jewish Hospital, Cincinnati, Ohio - 1975 to 1978 MEMBER - Committee on Emergency Medicine of National Academy of Sciences, 1976 and 1977 PARTICIPANT - Panel on Foreign Body Airways Obstruction, Modification of Standards for Cardlopulmonary Resuscita tion, National Academy of Science, Washington, D.C., 1976 SESSION CHAIRMAN AT CONFERENCES American College of Emergency Physicians American Medical Association American College of clinical Pathologists

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DR. EDWARD ALFRED PATRICK PUBLICATIONS/PRESENTATIONS (Partial List)

PAGE 5

E.A. Patrick et al., "Early Diagnosis of Chest Pain", Proceedings of 11 Annual Symposium on Computer Applications in Medical Care", IEEE, Nov. 1-4, 1987, Washington, D.C. E.A. Patrick et al., "Diagnosing Abdominal Pain in the Emergency Department, University of Cincinnati Report 103/06/87/ECE, June 1897. Et al, E.A. Patrick, "... Diagnosing Anemia:, American Journal of Clinical Pathology, Vol. 28, 87, #5, 1987. Foreign Body Airway Obstruction: Considerations in 1985, Review by Roger White: "Circulation", Part 2, Vol. 74, No. 6, December 1986, pp. IV 60-62. Paula J. Detterman, RR.N., and Edward A. Patrick, M.D., Ph.D., "A CONSULT-I( ) EXPERT SYSTEM FOR NURSE-PHYSICIAN MANAGEMENT OF ABDOMINAL PAIN", pending publication. Blomberg, D.J., J.M. Fattu, E.A. Patrick, "Learning Sensitivity and Specificity of Laboratory Diagnosis of Thyroid Disorders Using CONSULT LEARNING SYSTEM - An Example of Euthyroid Sick Syndrome", Proc. Symposium on Computer Applications in Medical Care. IEEE Computer Society, pp. 35-40, 1984. A. Stein, A. Lakshiminaroyanan, R. Gangarosa, E.A. Patrick, J.M. Fattu, "Application of Artificial Intelligence to NMR Clinical Evaluation", Proc. of the Society of Magnetic Resonance in Medicine, 3rd Annual Meeting, Aug. 13-17, 1984, New York, NY, pp. 702-703. Peter Franklin, M.D., and Neil Angerman, M.D., Ph.D., "CONSULT-lW BREAST DISEASE", Proc. 1983 AAMSI CONGRESS '83, Lindberg/van Brant/Jenkin, eds., American Association for Medical Systems and Information, Bethesda, Maryland, pp. 245-247, 1983. James1 ^H. Fattu, M.d., Ph.D., Edward A. Patrick, M.D., Ph.D. ) and William Sutton, M.D. , "Thyroid Disorders: Automatic Diagnosis in CONSULT-I(R), Computers Biology and Medicine, Vol. 12, No. 4, pp. 285-293, 1982. Emmerman, C.L., E.A. Patrick, "Computer Aided Diagnosis of Drug Poisoning: A CONSULT-lW Subsystem", Proc. Seventh Symposium on Computer Applications in Medical Care, IEEE Computer Society, pp. 126-128, 1983. E.A. Patrick, M.D., special issue on choking: "The Heiralich Maneuver vs. Back Blows for Choking Victims", Emergency Medical Servicesr March/April, 1980.

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DR. EDWARD ALFRED PATRICK PUBLICATIONS/PRESENTATIONS (cont'd)

PAGE 6

E.A. Patrick, M.D., "Diagnosis & Treatment of Choking", Emergency. July, 1980. , ' E.A. Patrick, M.D., "Emergency Treatment of Drowning", Emergency. October, 1981. E.A. Patrick, "Airway Obstruction by Foreign Bodies Energies and Statistics", Proceedings of the 1976 IEEE Systems, Man, and Cybernetics Society Conference, November 1,1976, Washington,D.C.See Emergency Medicine, July, 1978. E.A. Patrick, E.G. Margolin, V. Sanghvi, R. Uthurusamy, "Pattern Recognition Applied to Early Diagnosis of Heart Attacks", Proceedings of the Systems, Man, and Cybernetics Society, 1976 Conference, Washington, D.C, November 1-3, 1976. E.A. Patrick, "Diagnosis, Treatment, and Outcomes at Different Patient States", IEEE Transactions on Systems. Man, and Cybernetics. 1977. E.A. Patrick, M.D., Ph.D., E.G. Magolin, M.D., V. Sanghvi, M.D., R. Uthurusamy, "Pattern Recognition Applied to Early Diagnosis of Heart Attacks", Second International Conference on Medical Information Processing, Toronto, Canada, Summer 1976. E.A. Patrick, M.D., Ph.'D., "Foreign Body Airway Obstruction Energies and Statistics", presented at National Academy of Sciences and also to Proceedings of 1976 Systems, Man, and Cybernetics Conference of IEEE, November 1-3, 1976, Washington, D.C. E.A. Patrick, M.D., Ph.D., "Pattern Recognition Applied to Early Diagnosis of Heart Attacks", Proceedings of Workshop Artificial Intelligence in Medicine, Rutgers University, June 1976. E.A. Patrick and R. Urthurusamy, "Diagnosis, Treatment and Outcomes at Different patient States", Proceedings of the 1977 International Conference of the IEEE Systems, Man and Cybernetics Society, September 1977. E.A. Patrick, et al., "A Relational Data Base Scheme for Organizing Breast Cancer Treatment Data", IEEE Systems, Man, and Cybernetics Conference on Cybernetics and Society, San Francisco, CA, September 1975. E.A. Patrick, Neil A. Armstrong, Henry J. Heimlich and George Rieveschl, "Apollo Double Diaphragm Pump for use in Artificial Heart-Lung Systems", presented at the Associa tion for the Advancement of Medical Instrumentation, Boston, MA, March 20, 1975.
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DEPOSITION EXHIBIT 89

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Edward A. P a t r i c k , M.D., Ph.D., FACEP 7939 Bar Harbor Drive C i n c i n n a t i , Ohio 45255 t e l : 513 474 6483 f a x : 513 474 6083 August 1995

Undergraduate E d u c a t i o n : B . S . M a s s a c h u s e t t s I n s t i t u t e of Technology, E n g i n e e r i n g & Computers. Graduate Education: M.S. M a s s a c h u s e t t s I n s t i t u t e of Technology, E n g i n e e r i n g & Computers. Ph.D

Electrical

Electrical

Purdue U n i v e r s i t y , E l e c t r i c a l Engineering & Computers

Medical E d u c a t i o n : M.D. I n d i a n a U n i v e r s i t y School.of Medicine, 1974 P o s t g r a d u a t e Medical E d u c a t i o n : Research i n Emergency Medicine, Purdue U n i v e r s i t y & U n i v e r s i t y of C i n c i n n a t i w i t h Dr. Henry J . Heimlich, 1974-1975.
R

? S =n ? ^

t e r n s h i P /

Jewish

h o s p i t a l , U n i v e r s i t y of C i n c i n n a t i ,

S p e c i a l Residency i n Emergency medicine under d i r e c t o r s h i p of Henry J . Heimlich M.D., 1976-1978. F a c u l t y f o r family p r a c t i c e r e s i d e n c y program, S t . Luke's H o s p i t a l / C a s e Western Reserve U n i v e r s i t y and e s t a b l i s h m e n t c e n t e r for emergency m e d i c i n e , 1980-1984. Licensed: State of Ohio State of Indiana Board Certification: Diplomate, American Board of Emergency Medicine, Nov. 1988. Fellowship: American College of Emergency Physicians, Sept. 1989. Hobbies: Model airplanes, amateur radio, Private pilot, instrument and multienqine rated Golf. ' Other Certification: Advanced Cardiac Life Support (first December 13, 1977) Instructor ACLS, October 1987 of

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Medical Staff positions Deaconess Hospital, Cincinnati, Ohio, 1977 - present Consultant Shriners' Burn Institute, Cincinnati, Ohio 1989 present. Consultant to Administrator on outcome analysis, Deaconess Hospital, Cincinnati, 1989 - present. Medical College of Ohio, Attending in Emergency Medicine 1989 Medical Health Services: Highland District Hospital, Cincinnati 1989 - . Acute Care Specialists: Grant Medical Center, Columbus Ohio; Category 1 attending; Level 1 Trauma Center; May 1995 Academic Professor, Purdue University: Full Professor 1974-1981. Work with Dr. Henry Heimlich lead to new ACLS guidelines which include Heimlich maneuver as treatment for choking and drowning. Published first papers on improved diagnosis of chest pain in the emergency department when physician is assisted by a computer, 1976, 1977, 1979. Associate Professor of Community Health Sciences, Indiana University School of Medicine - in association with professorship at Purdue University. Research Professor, University of Cincinnati, 1985 to present. Ph.D. thesis and M.S. thesis supervision. Ohio ACEP representative to Head Injury Advisory Council Award: Best CPC Diagnostician St. Luke's Hospital, Category Attending Physician, 1981-1982 (St. Luke's Hospital/Case W.R., Cleveland, Ohio). Other Recognition: Who's Who Who's Who in the World Sigma Xi Administrative Positions Established Family Practice Residency Program and Family tice Center for St. Lukes Hospital, Cleveland, Ohio Prac

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Director Medical Computing Laboratory, Purdue University Director Pattern Recognition Laboratory, Purdue University Special note: 197 6-1977: member committee on emergency medicine of National Academy of Sciences & Panel on foreign body airway obstruc tion, modification of standards for cardiopulmonary resusci tation, National Academy of Science, 1976. Invited participant - development of new ACLS guidelines at 1985 Dallas meeting of American Heart Association. Referenced three times in JAMA 198 6 Standards & Guidelines for Cardiopulmonary resuscitation and emergency cardiac care, JAMA, Vol. 255, No. 21, June 6, 198 6. Recent Grants: Integrating laboratory tests with summary information from history and physical and the electrocardiogram (ECG) to provide early diagnosis of acute myocardial infarction (AMI) and unstable angina (UA) in the chest pain patient, 1994 1995. Prepare 2nd edition of Sudden Infant Death (SID), drown ing, and choking in Edward A. Patrick, Resuscitation (Patrick - Heimlich Method and Other Techniques) : Pitfalls and Other Medicolegal/Forensic Scientific Considerations in Cyril H. Wecht, Forensic Sciences, Matthew Bender, April 1995 19951996. Urban Demonstration Project, State of Ohio, ConBn1r-lR ing Ohio Project, in 5 selected cities, 1991-1993. Urban Demonstration Project, Cincinnati Consult-IR Reading Ohio EEQJssfc, 1993-. Public Rid

Schools,

Shriners Burn Institutes., Outcome Analysis of Emergency Treatment of Burns & Trauma, funded & ongoing. "Computer Aided Diagnosis & Outcome Analysis of Chest Pain in the Emergency Department." Previously funded by National Science Foundation Outcome Analysis of Transtracheal Delivery, Trasher Research Fund, Salt Lake City FAA, Washington, D.C . Brooks Air Force Base: "Individualized Oxygen Systems" General Electric Co.: "Early Diagnosis of Heart Attacks" Benedum Foundation: "MicroTrach technique of oxygen delivery in COPD"

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Foundation

Books: Edward A. Patrick, Resuscitation (Patrick - Heimlich Method and Other Techniques) : Pitfalls and Other Medicoleaal/Forensic Scien tific Considerations, in Cyril H. Wecht, Forensic Sciences, Matthew Bender, April 1995. Edward A. Patrick, Statistical Approaches; Implementation of Sta tistical Pattern Recognition for Congestive Heart Failure, in D.L. Hudson and M.E. Cohen Editors, Comparative Approaches in Medical Reasoning, World Scientific Publishing Co Pte Ltd, Singa pore. 1995. Edward A. Patrick, Resuscitation (Patrick - Heimlich Method anal Other Techniques) : Pitfalls and Other Medicoleaal/Forensic Scien tific Considerations in Cyril H. Wecht, Legal Medicine 1994, Butterworth Legal Publishers. Edward A. Patrick, M.D., Ph.D. and James M. Fattu, M.D., Ph.D., Artificial Intelligence with Statistical Pattern Recognition, Prentice Hall, Library of Congress # 85-12319, 1986. James M. Fattu and Edward A. Patrick, "Artificial Intelligence for Computer Aided-Diagnosis: Expert Systems and Knowledge Bases in Medicine," in Javitt, ed., Understanding Computers in Medi cine, W.B. Saunders Co., Philadelphia, 1986. Edward A. Patrick, "Medical Science and Tomorrow's American," Tomorrow's American, Oxford Press, 1976. in

Edward A. Patrick, "Survey of Medical Decision Analysis," (key note chapter) in Computer-Assisted Decision Making Using Clinical and Parac.1in.ical (Laboratory) Data, Mediad Inc., 1980. Edward A. Patrick M.D., Ph.D., Decision Analysis in Medicine, CRC Press, Boca Raton, Florida, 340 pages, Library of Congress # 7719085, 1979, Edward A. Patrick, Fundamentals of Pattern Recognition, Prentice Hall, Englewood Cliffs, N.J., Information & System Science Ser ies, Library of Congress # 76-172281, 504 pages, 1972. Edward A. Patrick, Fundamentals of Pattern Recognition, translat ed into Russian, Mockba Cobetchoe, 1980; published through Uni versity of Moscow. Publications/Presentations Edward A. Patrick, (partial list): Pattern Recognition for

"Statistical
A

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Medicine," Conference Internationale Sur Le Traiteent D' Information Et La Gestion D'Incertitidues Dans Les Systemes A Base De Connaissance, Paris, du 4 au 8 Juillet 1994. News report: on Patrick - Heimlich Method for Treating Near Drownings, front page, Emergency Medicine -News, Vol. 15, No. 12, December 1993. Edward A. Patrick, "Resuscitation in Near Drowning," JAMA, Novem ber 24, 1993, Vol 270, No. 20. Edward A. Patrick, "Outcome Analysis of. Treating Submersion Vic tims with Mouth-to-mouth vs the Heimlich-Patrick method, " Insti tute ^ of Medicine - Committee on the Treatment of Near-Drowning Victims, NAS Beckman Study Center, Irvine California, November 20, 1993. Edward A. Patrick, "Statistical Pattern Recognition Would Have Improved Care in Hypothetical Case," Hospital Physicianr Volume 29, No. 4, April 1993. Edward A. Patrick, Implementation of Statistical Pattern Recogni tionfor Congestive Heart Fai "hire,. in Comparative Approaches in Medical Reasoning, M.E. Cohen and D . L . Hudson Editors, Sprinqer, 1994. Patrick, E.A., PhD, MD, FACEP, Moskowitz, M., MD, FACR, Mansukhani, V.T., MS, and Gruenstein, E.I., PhD, "Expert Learning System Network for Diagnosis of Breast Calcifications, " Invest. Radiologv_, 1991;26:534-539 Reprinted in the Yearbook of Medical Informatics 199?, Patrick, E.A., PhD, MD, FACEP, Moskowitz, M., MD, FACR, Mansukhani, V.T., MS, and Gruenstein, E.I., PhD, "Expert Learning System Network for Diagnosis of Breast Calcifications," Invest. Radiolo gy, 1991;26:534-539 Reprinted in Dasarathy,B.V., Nearest Neighbor (NNl Norms: NN Pattern Classification Techniquesf IEEE Computer Society Press, 1991, and considered the last of four core contributions to the field: "A Generalized K-nearest Neighbor Decision Rule," Informa tion and Control t April, 1970 Primary presenter to Computers in Health Care Seminar, November 19th and 20th, 1992, Delaware State Hospital, "Continuous Quality Improvement and Individualized Outcome Analysistm" by Edward A. Patrick MD, PhD, FACEP Edward A. Patrick, "The Outcome AdvisorR", Pattern Pergamon Press, 1990. Recognition,.

Henry J. Heimlich and Edward A. Patrick, "The Heimlich Maneuver best technique for saving any choking victim's life,",Postgradn5
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ah p. Medicine r Vol. 87, No. 6, pp. 38-53, May 1, 1990. Henry J. Heimlich and Edward A. Patrick, "Using the Heimlich Maneuver to Save Near-Drowning Victims," Postgraduate Me_dic,ine, pp. 62-73, August 1988. Edward A. Patrick M.D., Ph.D. and Paula J. Detterman, MSN, "Consult I Expert System for Diagnosing Abdominal Pain in the Emergency Department," Proceedings of the AI West: 4th Annual Artificial Intelligence and Advance Computer Technology, May 4-6, Long Beach CA, 1988. J.M. Fattu, D.J. Blomberg, and E.A. Patrick, "Consult Learning System Applied to the Early Diagnosis of Chest Pain," Proc. XI Symp. on Comp. Applications in Med. Care, IEEE Computer Society, pp. 171-177, Library of Congress # 79-641114, November 1987. E.A. Patrick et al, "The Use of an Expert System in the Clinical Laboratory as an Aid in the Diagnosis of Anemia, " American Jour nal of Clinical Pathology, Vol. 87, No. 5, pp 608-613, May 1987. E.A. Patrick, et al., "Diagnosing Abdominal Pain in the Emergency Department, "University of Cincinnati Technical Report 103/06/87/ECE, June 1987. E.A. Patrick, "Foreign Body Airway Obstruction: considerations in 1985," review by Roger White M.D., in Circulation, Part 2, Vol. 74, No. 6, December 1986, pp IV 60-62. David J. Blomberg, Jo. Ladley Guth, M.T. H-SH, James M. Fattu, and Edward A. Patrick, "Evaluation of a New Classification System for Anemias Using Consult Learning System," Proceedings of the Ninth Symposium on Computer Applications in Medical Care, IEEE Computer Society, pp 34-40, Library of Congress # 7964114. D.J. Blomberg, J.F. Fattu, and E.A. Patrick, "Learning Sensitivi ty and Specificity of Laboratory Diagnosis of Thyroid Disorders using Consult Learning System - An Example of Euthyroid Sick Syndrome," Proc. Symposium on Computer Applications in Medical Care, IEEE Computer Society, pp. 35-40, 1984. James M. Fattu, Edward A. Patrick, and William Sutton, . "Thyroid Disorders: Automatic Diagnosis in Consult-I," Computers in Biolo gy and Medicine, Pergamen Press, Vol. 12, # 4, pp. 285-293, 1982. C.L. Emmerman and E.A. Patrick, "Computer Aided Diagnosis of Drug Poisoning: a Consult-I Subsystem," Proc. Seventh Symposium on Computer Applications in Medical Care," IEEE Computer Society, pp. 126-128, 1983. E.A. Patrick, "Emergency Treatment of Drowning," Emergency, 1981. July

E.A. Patrick, "The Heimlich Maneuver vs Back Blows for Choking Victims," Emergency Medical Services, special issue on choking, 6
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"Diagnosis & Treatment of Choking," Emergency, July

E.A. Patrick et al, "Consult-I and Consult-II for Medical Diagno sis and Consulting," Special invited speaker at Annual AMA Con ference on Medical Education, June 1979, Washington, D.C. E.A. Patrick and R. Uthursamy, "Diagnosis, Treatment, comes at Different Patient States," Proceedings of International Conference of the IEEE Systems, Man, and ics Society, September 1977. and Out the 1977 Cybernet

E.A. Patrick, "Airway Obstruction by Foreign Bodies - Energies and Statistics," Proceedings of the 1976 IEEE Systems, Man, and Cybernetics Society Conference, Washington, D . C , July 197 6 (see Emergency Medicine, July 1978) . E.A. Patrick, E.G. Margolin, V. Sanghvi, and R. Uthursamy, "Pattern Recognition Applied to Early Diagnosis of Heart Attacks," Proceedings of the Workshop on Artificial Intelligence in Medicine, Rutgers University, June 197 6. E.A. Patrick, E.G. Margolin, V. Sanghvi, and R. Uthursamy, "Pattern Recognition Applied to Early Diagnosis of Heart Attacks," Proceedings of the 1976 International Conference on Cybernetics and Society, November 1-3, 1-4, 1976. )E.A. Patrick, E.G. Margolin, V. Sanghvi, and R. Uthursamy, "Pattern Recognition Applied to Early Diagnosis of Heart Attacks," Proceedings of the 1977 International Medical Informa tion Processing Conference (MEDINFO), Toronto, August 9-12, 203, 19 / V . E.A. Patrick et al, "A Relational Data Base Scheme for Organizing Breast Cancer Treatment Data," Proceedings of IEEE Systems, Man, and Cybernetics Conference on Cybernetics and Society, San Fran cisco, CA, September 1975. E.A. Patrick and George Carayannopoulos, "Segmentation of phase Spreads," Journal of Pattern R ^ n n ^ t i n ^ 1976. Meta-

E.A. Patrick, Neil A. Armstrong, Henry J. Heimlich, and George Rieveschl, "Apollo Double Diaphragm Pump for Use in Artificial Heart-Lung Systems," proceedings of the Association for the Ad vancement of Medical Instrumentation, Boston, MA, March 20, 1975. E.A. Patrick, "Pattern Recognition May Resolve Management of Breast Cancer: Limited Mastectomy versus Radical Mastectomy " Science, Vol. 187, pp. 764-765, February 28, 1975. E.A. Patrick, "Computer Controlled Picture Scanning with Applica tions to Labeled Biological Cells," Compilers in Riningy ,^ M e d i c i n e Vol. 2, pp. 5-14, 1972. ^

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E.A. Patrick/ "Computer Output D i s p l a y of C e l l s and C e l l t u r e s , " P a t t e r n R e c o g n i t i o n , Vol. 4, p p . 211-226, 1972.

')

E . A . P a t r i c k , " I n t e r a c t i v e Use of P r o b l e m Knowledge f o r Cluster i n g a n d D e c i s i o n M a k i n g , " IEEE T r a n s a c t i o n s on C o m p u t e r s , V o l . C20, # 2, pp..216-222, February, 1971. E.A. P a t r i c k , " I n t e r a c t i v e P a t t e r n A n a l y s i s and Classification Utilizing Problem Knowledge," P a t t e r n Recognition, V o l . 3 , pp. 53-71, April, 1971.

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DEPOSITION EXHIBIT 90

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^ Resume: Edward A- Patrick M.D., Ph.D- FACEP February 1999 Primary Formal BS: MS: Ph.D: M.D. (1974): Education Massachusetts Institute of Technology, Boston, Massachusetts Massachusetts Institute of Technology, Boston Massachusetts Purdue University, West Lafayette, Indiana Indiana University School of Medicine, Indianapolis, Indiana

Post MD Training 1974-1975 Research in Emergency Medicine with Dr. Henry J. Heimlich providing the model for a new method for treating choking and drowning which has become known as the Heimlich Maneuver. Developed the framework for the first outcome analysis (choking and drowning) eventually used by Surgeon General C. Everett Koop to decIareXthe back slap ledial and the Heimlich Maneuver the treatment for choking. 1975-1976 Resident I (designed for Emergency Medicine) The Jewish Hospital, Cincinnati, Ohio. Specia 1 ly arranged residency training in Emergency Medicine supervised by Dr. Henry J. Heimlich with preparation for Board Certification in the new specialty of Emergency Medicine through combined formal residency and practice route.

1976-1979

Emergency Medicine Practice Experience 1979-1988 Practiced Emergency Medicine Co-established a new residency program Continued research in Emergency Medicine as ProfessorPurdue University, and Research Professor -University of Cincinnati. Founded The Patrick Institute 1977-Present 1988 -W891997 Deaconess Hospital, Cincinnati, Ohio Certified a Diplomate of The American Board of Emergency Medicine Re-Certified a Diplomat of The American Board of Emergency Medicine Emergency Medicine with Spectrum Emergency Care (part time) at selected hospitals: O'Blenis Hospital, Athens, Ohio Veterans Memorial Hospital, Pomeroy, Ohio Holzer Medical Center, Gallipolis, Ohio Ft. Hamilton Hughes Hospital, Hamilton, Ohio Lima Memorial Hospital, Lima, Ohio

1976-1982

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1974-Present

Continued development of outcome analysis and improved diagnostic techniques for Emergency Medicine for areas including: choking, drowning, sudden infant death, abdominal pain, chest pain, headache, head trauma, electrolyte disorders, vertigo, syncope, neurological disorders, behavioral emergencies, ethical-legal emergencies, hematologic emergencies, and dermatological emergencies. Start-up Emergency Medicine with associate Burt Kleinman MD, FACS at Dearborn County Hospital, Dearborn, Indiana Associate Director of Emergency Medicine, Scioto Memorial Hospital, Portsmouth, Ohio. Established family practice residency program (attending) and Assisted start-up Emergency Department (Solon) at St Lukes Hospital, Cleveland, Ohio. Awarded Best CPC Diagnostician - Attending Category. Emergency Medicine Group, Acute Care America: Brown County Community Hospital, Georgetown, Ohio. Berger Hospital, Circleville, Ohio. Attending in Emergency Medicine Medical College of Ohio, Toledo, Ohio. Medical Health Services Emergency Medicine Group (2910 Treevalley Court, Cincinnati, Ohio 45244. Emergency Medicine Department Staff Highland Community District Hospital, Hillsbourgh, Ohio. St Francis St George Hospital, Cincinnati, Ohio Emergency Departments (part time) provide services as board certified emergency physician, as needed; and experience cases for outcome analysis: Grant Trauma Center (Level-1), attending Columbus, Ohio Park Medical Center, Columbus, Ohio Grandview Medical Center, attending for residency program Dayton, Ohio Southview Medical Center (associated with Grandview), Dayton, Ohio Montgomery Regional Hospital, Montgomery, Alabama Montgomery East Hospital, Montgomery, Alabama Autauga Medical Center, (Montgomery), Prattville Alabama Decator Genera! Hospital, Decator Alabama Southeast Medical Center, Russelville, Alabama Raleigh General Hospital, Raleigh-Durham, North Carolina Corbin, Kentucky Summerset, Kentucky Wadesburg, North Carolina Betsy Johnson Regional Hospital, Dunn, North Carolina Good Hope Hospital, Erwin, North Carolina Foley, Alabama Jackson County Memorial Hospital, Seymour, Indian' Patrick 00490 2

1979-1981

ail

1980-1981

1980-1984

\ 1985-1988

1989-1992

/-""".

1988-1995

1995-Present 1995-Present

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DeKalb Baptist Medical Center, Fort Payne, Alabama Cullman Regional Medical Center, Cullraan, Alabama Medical Licenses Indiana Ohio Alabama North Carolina Kentucky West Virginia Special Certifications Advanced Trauma Life Support Instructor 1987 Recertifed until 12/2/99 Advanced Cardiac Life Support Instructor 1987 Recertified Advanced Pediatric Life Support Alabama EMS Medical Directors Course Recent Conferences Ohio Chapter of ACEP and American College of Emergency Physicians: Board Review Course September 17-22, 1997 Illinois College of Emergency Physicians and American College of Emergency Physicians: Board Review Course October 3-8,1997 Washington Hospital Center: Cardiovascular Emergencies - Update 1997 Rush Medical College: Decision Points in Emergency Management of Seizures Cedars-Sinai Medical Center: Prophylactic Antibiotic Use Grant Medical Center: Fire Safety, Bloodborne Pathogens Emergency Medicine Institute: Cardiac Biomarker, Ttroponin I, Dx of AMI

Books Edward A Patrick, Resuscitation (Patrick-Heimlich Method and Other Techniques), Matthew Bender & Company. Edward A Patrick, Comparative Approaches in Medical Reasoning (chapter), Springer. Edward A. Patrick, chapter on Sudden Infant Death, Legal Medicine, Butterworth Legal Publishers. Edward A. Patrick, Fundamentals of Pattern Recognition, Prentice Hall Edward A. Patrick, Decision Analysis in Medicine, CRC Press Edward A, Patrick and James Fattu, AI with Statistical Pattern Recognition, Prentice Hall Edward A Patrick, Medical Science and Tomorrow's American, in Tomorrow's American, Oxford Press

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Papers or Reports (partial list") Edward A- Patrick, "Decision Making in Medicine," La Sobone, University of Paris, Paris France, July 1998. Edward A. Patrick, "Handling of Uncertain Information in Medical Decision Making," AMIA Symposium, 1997 _ Edward A Patrick, "Resuscitation in Near Drowning," Journal of the American Medical Association," Vol. 270, No 20. November 24, 1993 Edward A. Patrick, Hospital Physician, Vol. 29, No4, April 1993. Edward A. Patrick et aL Investigative Radiology, 26:534-539, 1991. Edward A. Patrick, Conference Internationale Sur Le Traiteent D'Incertitidues Dans Les Systems A Base De Connaissance, Paris, du 4 au 8 JuiLtet 1994. Emergency Medicine News (front page): Patrick-Heimlich Method for Treating Near Drownings, Vol. 15, No. 12, December 1993.. _Henry J. Heimlich and Edward A. Patrick, Using the Heimlich Maneuver to Save Near-Drowning Victims, Postgraduate Medicine, pp. 62-73, August 1988 _Henry J. Heimlich and Edward A. Patrick, "^Emergency Management of the Obstructed Airway," Commentary in JAMA Vol. 243, No 11, March 2 1 , 1980 Henry J. Heimlich, MD,ScD and Edward A. Patrick, MD.PhD, The Heimlich Maneuver - Best Technique for saving any choking victim's life, Postgraduate Medicine, Vol. 87/No6, May 1,1990. Edward A. Patrick, "Choking - A Questionnaire to find the most effective Treatment," Emergency, Col. 12, No. 7,82 Edition, July 1989 Partial List of Committees. Task Forces, Editorialships _ American College of Emergency Physicians' representative to Head Injury Advisory Council, Ohio State Legislature. Member, Head Injury Advisory Council, State of Ohio Rehabilitation Services Commission Institute of Medicine, National Academy of Medicine Committee For Treatment of Drowning Institute of Medicine, National Academy of Medicine - Committee For Revising Advanced Cardiac Life Support. Committee on Emergency Medicine of National Academy of Sciences Associate Editor, Computers in Biology & Medicine President Systems, Man, and Cybernetics Society

Recognitions (partial) _ American Men and Women of Science Who's Who

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DEPOSITION EXHIBIT 91

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Resume: Edward A. Patrick M.D., Ph.D,, FACEP 431 Ohio Pike, 125 South Cincinnati, Ohio 45255 September, 2003 MS: Ph.D: M.D. (1974); Massachusetts Institute of Technology, Boston, Massachusetts Massachusetts Institute of Technology, Boston, Massachusetts Purdue University, West Lafeyette, Indiana Indiana University School of Medicine, Indianapolis, Indiana

Post MD Training 1974-1975 Research in Emergency Medicine with Dr. Henry J. Heimlich providing the model for a new method for treating choking and drowning which has become known as the Heimlich Maneuver Developed theflameworkfor the first outcome analysis (choking and drowning) eventually used by Surgeon General C. Everett Koop to declare the back slap lethal and the Heimlich Maneuver the treatment for choking. 1975-1976 1976-1979 Resident I (designed for Emergency Medicine) The Jewish Hospital, Cincinnati, Ohio. Specially arranged training in Emergency Medicine supervised by Dr. Henry J. Heimlich with preparation for Board Certification in the new specialty of Emergency Medicine through combined formal residency and practice route.

Emergencv Medicine Practice Experience 1979-1988 Practiced Emergency Medicine Co-established a new residency program Continued research in Emergency Medicine as ProfessorPurdue University, and Research Professor -University of Cincinnati. Founded The Patrick Institute 1977-Present 1988 1989 1997 1976-1982 Deaconess Hospital, Cincinnati, Ohio Certified a Diplomate of The American Board of Emergency Medicine Re-Certified a Diplomat of The American Board of Emergency Medicine Emergency Medicine with Spectrum Emergency Care (part time) at selected hospitals: O'Blenis Hospital, Athens Ohio Veterans Memorial Hospital, Pomeroy, Ohio Holzer Medical Center, Gallipolis, Ohio Ft Hamilton Hughes Hospital, Hamilton, Ohio Lima Memorial Hospital, Lima, Ohio

1974-Present

Continued development of outcome analysis and the Consult8- Computerized Textbook of Medicine

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C
I 979-1981 1980-1984

Start-up Emergency Medicine with associate Burt Kleinman MD, FACS at Dearborn County Hospital, Dearborn, Indiana Established family practice residency program (attending) and assisted start-up Emergency Department (Solon) at St Lukes Hospital, Cleveland, Ohio, Awarded Best CPC Diagnostician - Attending Category. Emergency Medicine Group, Acute Care America: Brown County Community Hospital, Georgetown, Ohio. Berger Hospital, Circleville, Ohio, Attending in Emergency Medicine Medical College of Ohio, Toledo, Ohio, Medical Health Services Emergency Medicine Group (2910 Treevalley Court, Cincinnati Ohio 45244. Emergency Medicine Department Staff Highland Community District Hospital, Hillsbourgh, Ohio.

1985-1988

1989-1992 ! 98 8-1995

1995-Present Emergency Departments (part time) - provide services as board certified emergency physician, as needed; and experience cases for outcome analysis: Locum tenants: Interim Physicians (formerly HKA) Medical Doctors Associates Staff Care Weatherby Inc. Lindy Health Care 1995 to present. 1998 to present 1998 to present 2000 to present 2000 to present

Partial list Cape Fear Medical Center, Fayetteville North Carolina 2002 and May 2003 to present Brunswick Community Hospital, Supply, North Carolina, 2002 and 2003 as needed. Williamson Memorial Hospital, Williamson, W.Va, 2001 to present. Ashtabula County Medical Center, Ashtabula Ohio, 2001 to 2003. Wayne County Medical Center, Monticello Ky, 2000 to 2003. Louisberg, North Carolina, 2000 to 2002. Weirton Medical Center, Weirton, W.Va. Glasgow, Ky. Phoebe Putnam Memorial Hospital, Albany, Georgia Trover Medical Center, Madisonville, Ky. Western Baptist Medical Center, Paducah, Ky. Grant Trauma Center (Level-I), attending, Columbus, Ohio Grandview Medical Center, attending for residency, Dayton, Ohio Southvtew Medical Center (associated with Grandview), Dayton, Ohio Montgomery Regional Hospital, Montgomery, Alabama Montgomery East Hospital, Montgomery, Alabama Autauga Medical Center, (Montgomery), Prattville Alabama Southeast Medical Center, Russelville, Alabama Raleigh General Hospital, Raleigh-Durham, North Carolina DeKalb Baptist Medical Center, Fort Payne, Alabama Culhnan Regional Medical Center, Cullman, Alabama Medical Licenses

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C
Indiana Ohio Alabama North Carolina Kentucky West Virginia Georgia Special Certifications Advanced Trauma Life Support Instructor 1987 Recertifed November 1999 Advanced Cardiac Life Support Instructor 1987 Recertified February 2002 Pediatric Advanced Life Support Recertification 2003 Alabama EMS Medical Directors Course Recent Conferences: Consult11 ongoing continuing education, publication 2005 ACLS March 2002 ATLS November 1999 ACEP Scientific Assembly, October 2001, Chicago ACEP Scientific Assembly, October 2002, Seattle

PALS, recertrification 2003 - scheduled. Neurology for Non-neurologists - scheduled. The National Emergency Airway Management Course 2003 - scheduled. Ohio Chapter of ACEP and American College of Emergency Physicians: Board Review Course September 17-22,1997 Illinois College of Emergency Physicians and American College of Emergency Physicians: Board Review Course October 3-8,1997 Washington Hospital Center: Cardiovascular Emergencies - Update 1997 Rush Medical College: Decision Points in Emergency Management of Seizures Cedars-Sinai Medical Center: Prophylactic Antibiotic Use Grant Medical Center: Fire Safety, Bloodborne Pathogens Emergency Medicine Institute: Cardiac Biomarfcer, Ttroponin I, Dx of AMI Books Edward A. Patrick, Consult^ Computerized Textbook of Medicine. under development 1974 to preset, publication 2003. Edward A. Patrick, Resuscitation fPatrick-Henrdich Method and Other Techniques'). Matthew Bender & Company. Edward A. Patrick, Comparative Approaches in Medical Reasoning (chapter), Springer. Edward A. Patrick, chapter on Sudden Infant Death, Legal Medicine, Butterworth Legal Publishers. Edward A. Patrick, Fundamentals of Pattern Recognition. Prentice Hall Edward A. Patrick, Decision Analysis in Medicine. CRC Press Edward A. Patrick and James Fattu, AI with Statistical Pattern Recognition. Prentice Hall Edward A. Patrick, Medical Science and Tomorrow's American, in Tomorrow's American, Oxford Press

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C"
Papers or Reports (partial List) Numerous papers in reviewed scientific journals available on request: Outcome Analysis. Information Theory including Likelihood Functions, A posteriori Probabilities, Patrick's Theorem, Evidence Based Medicine, Decision Rules, Image Processing.

Edward A. Patrick, et al, Consult"- subsystems for medical diagnosis, in preparation for publications starting 2005. Edward A. Patrick, "Decision Making in Medicine," La Sobone, University of Paris, Paris France, July 1998. Edward A. Patrick, "Handling of Uncertain Information in Medical Decision Making," AMIA Symposium, 1997 _ Edward A. Patrick, "Resuscitation in Near Drowning," Journal of the American Medical Association," Vol. 270, No 20. November 24,1993 Edward A. Patrick, Hospital Physician, Vol. 29, No4, April 1993. Edward A. Patrick et aL Investigative Radiology, 26:534-539,1991. _ Edward A. Patrick, Conference Internationale Sur Le Traiteent D'lncerrMdues Dans Les Systems A Base De Connaissance, Paris, du4 au 8 Juillet 1994. Emergency Medicine News (front page): Parrick-Heimlich Method for Treating NearDrownings, Vol. 15, No. 12, December 1993. _Henry J. Heimlicb and Edward A. Patrick, Using the Heimlich Maneuver to Save Near-Drowning Victims, Postgraduate Medicine, pp. 62-73, August 1988 JHenry J. Heimlich and Edward A. Patrick, "Emergency Management of the Obstructed Airway," Commentary in JAMA Vol. 243, No 11, March 21, 1980 Henry J. Heimlich, MD,ScD and Edward A. Patrick, MD,PhD, The Heimlich Maneuver - Best Technique for saving any choking victim's life, Postgraduate Medicine, Vol. 87/No6, May 1,1990. Edward A. Patrick, "Choking - A Questionnaire tofindthe most effective Treatment," Emergency, Col. 12, No. 7, 82 Edition, July 1989 Partial List of Committees. Task Forces. Editorialships _ American College of Emergency Physicians' representative to Head Injury Advisory Council, Ohio State Legislature. Member, Head Injury Advisory Council, State of Ohio Rehabititatiou Services Commission Institute of Medicine, National Academy of Medicine - Committee For Treatment of Drowning Institute of Medicine, National Academy of Medicine - Committee For Revising Advanced Cardiac Life Support Committee on Emergency Medicine of National Academy of Sciences Associate Editor, Computers in Biology & Medicine President Systems, Man, and Cybernetics Society

Recognitions (partial)

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American Men and Women of Science Who's Who

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DEPOSITION EXHIBIT 92

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OR. EDWARD ALFRED PATRICK (513) 471-3370 January, 1986 FORMAL EDUCATION M.I.T., Cambridge, Massachusetts B.S. (1959) and M.S. (1962) - Electrical PURDUE UNIVERSITY, Lafayette, Indiana Ph.D. (1966) - Electrical Engineering INDIANA UNIVERSITY, School of Medicine, Indianapolis, Indiana M.D. (1974) ENGINEERING AND COMPUTER EXPERIENCE ACADEMIC POSITIONS PURDUE UNIVERSITY, School of Electrical Engineering Full Professor - 1974 to 1981 Director, Medical Research Laboratory - 1974 to 1981 Associate Professor - 1968 to 1973 Director, Pattern Recognition Research Laboratory 1965 to 1970 Assistant Professor - 1965 to 1968 Graduate Student & Instructor - 1963 to 1965 UNIVERSITY OF CINCINNATI Research Professor of Electrical and Computer Engineer ing - 1985 to Present NON-ACADEMIC POSITIONS (Partial List) PATRICK CONSULT, INC., West Lafayette, Indiana President, 1977 to Present MELPAR CORPORATION, Arlington, Virginia Engineer, 1962 to 1963 SYLVANIA APPLIED RESEARCH LABORATORY, Waltham, Massachusetts Project Engineer - 1962 to 1963 Research Engineer - 1961 to 1962 i Part-time Research Engineer - 1960 to 1961 M.I.T. INSTRUMENTATION LABORATORY, Cambridge, Massachusetts Engineering

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MEDICAL

EXPERIENCE

(Partial

List)

ACADEMIC

POSITIONS

In conjunction with Professorship at Purdue University, ASSOCIATt P R O F E S S O R , Department of Community Health S c i e n c e s , Indiania U n i v e r s i t y School of M e d i c i n e , 1970 to 1980 ^PROFESSOR, U n i v e r s i t y of Cincinnati (in conjunction with Institute of Engineering and M e d i c i n e ) FACULTY: E s t a b l i s h m e n t of Family Practice Residency Program, St. Luke's H o s p i t a l / C a s e Western Reserve University 1980 to 1984 TEACHER in E m e r g e n c y Medicine, S t . Luke's Hospita1/Case Western R e s e r v e University, 1980 to 1984 P h . D . THESIS SUPERVISION AS MAJOR Ramasamy Uthurasmy Joseph P. Costello Frienk K. Bechtel - L o u i s A. LH-porac-e H O S P I T A L STAFFS (Partial List) PROFESSOR Frank Stelmack F. Phillip Fischer Leon Shen George Carrayannoupoulous

OTHER

HINES VA HOSPITAL, Acting Director, Engineering Rehabilitation Center, Chicago, Illinois (on leave from Purdue University 1980 to 1981) SAINT LUKE'S H O S P I T A L , Department of Family Practice, Cleveland O h i o , Attending S t a f f , 1981 to 1983 DEACONESS H O S P I T A L , Department of M e d i c i n e , Cincinnati, Ohio LIMA MEMORIAL H O S P I T A L , Emergency M e d i c i n e , Lima, Ohio HOLSER MEDICAL C E N T E R , Emergency M e d i c i n e , Gallipolis, Ohio FORT HAMILTON HUGHES HOSPITAL, Emergency Medicine, Hamilton, Ohio SCIOTO MEMORIAL H O S P I T A L , Emergency M e d i c i n e , Portsmouth, Ohio ST. ELIZABETH H O S P I T A L , Medicine and Family Practice, Lafayette, Indiana BROWN COUNTY GENERAL HOSPITAL, Emergency Medicine EXPERIENCE ASSOCIATE EDITOR, "Computers in Biology & Medicine", Permagon Press i PRESIDENT, System, Man & Cybernetics Society of IEEE - 1975 to

*By Action of the Board of Trustees

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OTHER EXPERIENCE (Cont'd) PHYSICIAN IN CHARGE OF CLINICAL COMPUTING, Jewish Hospital Cincinnati, Ohio - 1975 to 1978 CERTIFIED BOARD PREPARED BY AMERICAN COLLEGE OF E M E R G E N T PHYSICIANS License State of Ohio .35-04-0250 License State of Indiana 27137 MEMBER - Committee on Emergency Medicine of National Academy of Sciences, 1976 and 1977 PARTICIPANT - Panel on Foreign Body Airways Obstruction, Modification of Standards for Cardiopulmonary Resuscitation National Academy of Science, Washington, D.C., 1976 CERTIFIED - Advanced Cardiac Life Support, Advanced Trauma Life Support PUBLICATIONS/PRESENTATIONS BOOKS Edward A. Patrick, M.D., Ph.D. and James M. Fattu, M.D Ph D Artificial Intelligence with Statistical Pattern Recognition, Prentice Ha II, V3M " ~ Fattu, J.M., E.A. Patrick, "Artificial Intelligence for ComputerAided Diagnosis: Expert Systems and Knowledge Bases in Medicine", in Javftt, ed., Understanding Computers in MedicineL W.B. Saunders Co., Philadelphia, 1985 Edward A. Patrick, M.D., Ph.D., "Survey of Medical Decision Analysis (Keynote Chapter), Computer-Assisted Decision Making Using Clinical and Paraclinical (Laboratory) Data. Mediad. Inc., I 980 ~" ~ Edward A. Patrick, M.D., Ph.D., Decision Analysis in Medicine, CRC Press, 1979. Edward A. Patrick, M.D., Ph.D. et a!., Medical Science and Tomorrow's American, in Tomorrow's American, Oxford Press 1976. " ~ 1'
Ed

!! a i? A ; r t ^ t r i C k ' F u n damentals of Pattern Recognition, Prentice Hall, 1972 (translated into Russian in 1980).

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PUBLICATIONS/PRESENTATION5 PAPERS (Cont'd)

(Cont'd)

E.A Patrick, M.D., Ph.D., "Mathemat i ca I Aporoaches to Modeling and Decision Making I", Session Cha irman,' Proceedings of 1984 Symposium on Computer Applications in Medical Care on 97-98 November 4-7, 1934, Washington, D.C. E.A. Patrick, H O . , Ph.D., "Mutually Exclusive Categories Statis tically Dependent During Concept Formations," Proc. Svmposium on Computer Applications in Medical Care. IEEE Computer society, pp. luu-iub, November 4-/, 1984, Washington, D.C. Blomberg, D.J J.M Fattu, E.A. Patrick, "Learning Sensitivity and Specificity of Laboratory .Diagnosis of Thyroid Disorder? Using CONSULT LEARNING S Y S T E M ^ A n Example oT Euth^roid Sick Syndrome Proc Symposium on Computer Applications in Medical Care, IEEE computer Society, pp. 35-4U, 1984. Fattu, J M., E.A. Patrick, W. Suton, "Thyroid Disorders: Auto293 1 9 8 2 9 n S 1 S ^ C 0 N S U L T - l f R j ' l ! Comput. Biol. Med. 12: 2 8 5 E.A Patrick, M . D . , Ph.D., James M. Fattu, M.D., Ph.D. David Blomberg, M.D., " C O N S U L T - 1 W Network of Two CONSULT Sub systems: CONSULT ELECTROLYTES and CONSULT ACID BASE" Proceedj,..ngs.,_Compu,ter Applications in Medical r.rp i| E E Computer Society, Nov. 10-13, 1986, pp. 268-273. Paula J. Detterman, R.N., and Edward A. Patrick

"J*!:! ' T "

PER

YSTEM

M D

Ph D

HURSE-PHYsiciif3'NAEAGEAEICT

Or ABDOMINAL PAIN," pending publication, 1986. James M. Fattu, M . D . Ph.D., David J. Blomberg, M . D . , Edward A. Patrick M.D. Ph.D., Jo Ladley Guth, M.T. (ASCP) H-SH, "An Expert System Developed From a Hard Data Knowledge BaseExample of a Laboratory Based Anemia Consultant", Proceedings

R o F T t y f l M I r ^ 257-26^a1 r " P i

IEEE

C^^^k

David J Blomberg, M.D., Jo Ladley Guth, M.T. (ASCP), H-SH James M Fattu, M.D., Ph.D., E.A. Patrick, M.D., Ph.D., Evaluation of a New Classification System for Anemias Using N S U L T L E A R N I N G S Y S T E M ^ ., , J 8 S . P r Q C e e d ? n s C o m p u t e ?5! ]8b!PP. 34-40
Car6, IEEE Zo

**"Ur

Society" Nov. ffl- "

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0

Page 5 PUBLICATIONS/PRESENTATIONS PAPERS (Cont'd) R.E Gangarosa, E.A. Patrick, J.M. Fattu, "An Expert-guided * ^ ^
SetUP

(Cont'd)

SoJember C ?7-25^ Ws^^

'"

Pressnted

^NA,

Thomas M. DeDonno, Raymond E. Gangarosa, Edward A Patrick Andrew S Green, "An Integrated Expert System Architecture for MKl bean Setup and Optimization," pending publication, 1936. Edward A. Patrick, "Choking: Foreign Bodies in the Airway pending publication, 1986. Raymond E. Gangarosa, Edward A. Patrick, James M. Fattu, Andrew S Green, Integrated Expert System for Medical Imaging Scan, Set-up, and Scheduling," pending publication, 1986. Raymond E. Gangarosa, Mohopatra, Errol M. System for MR I Scan Feasibility Study," Edward A. Patrick, James M. Fattu, Ram N. Bellon, Surya N. Mohapatra, "An Integrated Optimization: A Conceptual Model and pending publication, 1986.

Raymond E. Gangarosa, Ram N. Mohapatra, Edward A. Patrick Marv H Regier, "Probabilistic Modeling of NMR Tissue Characteristics: Applications to MRI Scan Optimization Using an Inte grated Expert System," pending publication, 1986.
A,

r ^ ? 1 ! n , J - Lakshiminaroyanan, R. Gangarosa, E.A. Patrick, J.M. Fattu Application of Artificial Intelligence to NMR Clinical Evaluation " P r o c . f the Society of Magnetic Resonance in N e w p o r t ; pp^ loT-^^"9'
AU9

' ^"^

1984

' ^

rk>

James M Fattu, M.D. Ph.D., and E.A. Patrick, M.D., Ph D "Training CONSULT-lU) as an Expert System," proceed nqs'of 9 the 1983 AAMSI CONGRESS '83, pp. 102-106, 1983 E.A Patrick, M.D., Ph.D., "A Theorem of a Posteriori Probabil ities of Events, 1 proceedings HEDINFO '83, August 24, 1983.
Pe e

L " ^ a S i f J j ^ r H ; D : *"***"

An erman

BREAST DISEASE, Proc. 1983 AAMSI CONGRESS '83, Lindberg/van Brant/Jenkin, eds., American Association for Medical Systems and Information, Bethesda, Maryland, pp. 245-247, 1983.

> M.D., Ph.D., "CONSULT-lfR)

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PUBLICATIONS/PRESENTATIONS PAPERS (Cont'd)

(Cont'd)

James M. Fattu, M.D., Ph.D., E.A. Patrick, M.D., Ph.D., and William Sutton, M.D., "Thyroid Disorders: Automatic Diagnosis in CONSULT-1 , Comouters Biology ana Medicine, Vol. 1 2 , N o . 4, pp. 285-293, 1982. Fattu, J.M., E.A. Patrick, "Application of a New Theorem of a Posteriori Probabilities of Events to Medical Diagnosis", Proc. Symposium on Computer Applications in Medical Care, IEEE Computer Society, pp. S44-84/, 1983. Emmerman, C.L., E.A. Patrick, "Computer Aided Diagnosis of Drug Poisoning: A CONSULT-I Subsystem", Proc. Seventh Symposium on Computer Applications in Medical Care, FETE Computer Society, pp. 126-128, 1983. E.A. Patrick, M . D . , special issue on choking: "The Heimlich Maneuver versus Back Blows for Choking Victims," Emergency Medical Services, March/April, 1980. E.A. Patrick, M.D., "Diagnosis & Treatment of Choking," Emergency, July, 1980. E.A. Patrick, M.D., "Emergency Treatment of Drowning," Emergency, October, 1981. E.A. Patrick, "Airway Obstruction by Foreign Bodies -- Energies and Statistics," Proceedings of the 1976 IEEE Systems, M a n , and Cybernetics Society Conference, November 1, 19/b, Washington, D.C. See Emergency Medicine, July, 1978. E.A. Patrick, Recognition Proceedings Conference, E.G. Margolin, V. Sanghvi, R. Uthurusamy, "Pattern Applied to Early Diagnosis of Heart Attacks", of the Systems, M a n , and Cybernetics Society, 1976 Washington, D . C , November 1-3, 1976.

E.A. Patrick, "Diagnosis, Treatment and Outcomes at Different Patient States", IEEE Transactions on Systems, M a n , and Cybernetics, 1977. E.A. Patrick, "Expected Outcome Loss to Evaluate Medical Diagnosis and Treatment," Computers in Biology and M e d i c i n e , 1977.

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DR. EDWARD ALFRED PATRICK

age 7

PUBLI CAT I ON 5/PRESENTATIONS PAPERS (Cont'd)

(Cont'd)

E.A. Patrick and George Carrayannoupou1os, "Segmentation of Metaphase Spreads", Journal of Pattern Recognition, 1976. E.A. Patrick, "Pattern Recognition May Resolve Management of Breast Cancer; Limited Mastectomy versus Radical Mastectomy" Science, Vol. 187, pp. 764-765, February 28, 1975. E.A. Patrick, et al., "Pattern Recognition Applied to Surgery" Computers in Biology and Medicine, 1971. E.A. Patrick and R. Uthurusamy, "Update on Pattern Recognition Applied to Early Diagnosis of Heart Attacks," Proc. of the 1977 Intl. Conf. of the IEEE Systems, Man and Cybernetics Society beptember, 1977. E.A A. Patrick, "Computer Controlled Picture Scanning with App 1 ica tions to Labeled Biological Cells", Computers in Bioloqy a gy and Medicine, Vol. 2, pp. 5-14, 1972. ' E.A. Patrick, "Interactive Pattern Analysis and Classification Utilizing A Priori Knowledge", Pattern Recognition, Vol 2 pp. 105-116, September, 1970. ~ E.A. Patrick, "Computer Output Display of Cells and Cell Features", Pattern Recognition, Vol. 4, pp. 211-226, 1972. E.A. Patrick, "Interactive Use of Problem Knowledge for Cluster ing and Decision Making", IEEE Transactions on Computers, Vol C-20, No. 2, pp. 216-222, February, 1971. " E.A. Patrick, "Interactive Pattern Analysis and Classification Utilizing Problem Knowledge", Pattern Recognition, Vol. 3 a pp. 53-71, April, 1971. '

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PUBLICATIONS/PRESENTATIONS (Cont) PAPERS (ConC.) E.A. Patrick and R. Jarvis, "Clustering Usi ng a Similarity Measure Based on Shared Near Neighbors", IEEE Transactions on Computers, 1973 E.A. Patrick, "Mapping Multidimensional Space to One Dimension for Computer Output Display", IEEE Transactions on'.Computers, Vol. C-17, No. 10, pp. 949-953, October 1968 E.A. Patrick, "Codes for Unsupervised Estimation of Source and Binary Channel Probabilities", Journal on Information and Control, Vol. 14, No. 4, pp. 358-576, April 1969 E.A. Patrick, "Concepts of an Estimation System, Adaptive System, and a Network of Adaptive Estimation System", IEEE Transactions on Systems, Science, and Cybernetics. Vol. SSC-5, No. 1, pp. 79-85, January 1968 E.A. Patrick, J.P. Costello, and F.D. Monds, "Decision Directed Estimation of a Two Class Decision Boundary", IEEE Transactions on Computers, Vol. C-19, No. 3, pp. 197-205, March 1970 E.A. Patrick and J.P. Costello, "On Unsupervised Estimation Algorithms", IEEE Transactions on Information Theory, Vol. IT-16, No. 5, pp. 566-569, September 1970 E.A. Patrick and D. R. Anderson, "Mapping Multidimensional Space Onto the Real Line for Computer Output Display", IEEE Transactions on Computers, pp. 949-953, October 1968 E.A. Patrick and F.P. Fischer, "Honparamctric Feature Selection", IEEE Transactions on Information Theory, Vol. IT-15, No. 5, pp. 577-584, September 1969 E.A. Patrick and F.P. Fischer, III, "A Generalized k-Nearest Neighbor Decision Rule", Information and Control, Vol. 16, No. 2, pp. 128-152, April 1970 E.A, Patrick, "Cluster Mapping with Experimental Computer Graphics", IEEE Transactions on Computers. Vol. C-18, No. 11, pp. 987-991, November 1969 i E.A. Patrick and L.A. Mporacr, "Qtuisi [}nyrr. Averaging of Stochastic Approxi mation Estimators", Information and Control, Vol. 18, No. 2, pp. 168-182, March 1971 ~~~ E.A. Patrick and J.C. Hancock, "Nonsupcrvised Sequential Classification and Recognition of Patterns", IEEE Transactions on Information Theory, Vol. IT-12, No. 3, pp. 362-372, July 1966

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PUBLICATIONS/PRESENTATIONS (Cont.) PAPERS (Cont.) E.A. Patrick, "Bearing Estimation Using Internalized Basis Functions", Journal American Acoustical Society, July 1974 E.A. Patrick and J.C. Hancock, "Interactive Computation of a Posteriori Probability for M-ARY Nonsupervised Adaptation", IEEE Transactions on Information Theory, Vol. 1T-12, No. 4, p. 483, October 1966 E.A. Patrick and J.P. Costello, "Probability of Error Using Two Decision Directed Estimators for Two Unknown Mean Vectors", IEEE Transactions on Information Theory, Vol. IT-A, No. 1, pp. 160-162, January 1968 CONFERENCE PROCEEDINGS E.A. Patrick, M.D., Ph.D., with James M. Fattu, M.D., Ph.D., Nicholas A. Fattu, Ph.D., Leo Fay, Ph.D., "Application of CONSULT-lW t 0 Develop Expert Systems", pending publication E.A. Patrick, M.D., Ph.D., "A Theorem of A Posteriori Probability of Events", pending publication E.A. Patrick, M.D., Ph.D., "CONSULT-1(R>: Programmable System of Artificial Intelligence and Pattern Recognition", pending publication E.A, Patrick with James M. Fattu, "Training CONSULT-I^ As An Expert System", pending publication E.A. Patrick, Neil A. Armstrong, Henry J. Heimlich and George Rieveschl, "Apollo Double Diaphragm Tump for use In Artificial Heart-Lung Systems", presented at the Association for the Advancement of Medical Instrumen tation, Boston, MA, March 20, 1975 E.A. Patrick, M.D., Ph.D., et al., CONSULT-I and CONSULT-II for Medical Diagnosis and Consulting, Special Invited Speaker at Annual AMA Conference on Medical Education, June 1979, Washington, D.C. E.A. Patrick, M.D., Ph.D., el nl., "Sequential Diagnosis of Bleeding Disorders and Anemia Usinfl the Microcomputer Rased CONSULT-I", Proceedings of the 12th Annual Hawaii International Conference on System Science, January 4-5, 1979 1 ! E.A. Patrick, et al., "Consulting and Diagnosis Using Microcomputers", Proceedings of the 1978 International Conference on Cybernetics and Society, November 3-5, 1978, Tokyo, Japan E.A. Patrick, M.D., Fh.D., "Expected Outcome Loss to Evaluate Medical Diagnosis and Treatments", Proceedings of the 1976 Systems, Man and Cybernetics Conference of IEEE, November 1-3, 1976, Washington, D.C.

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&'-

FUBLICAT10NS/PRESENTATIONS

(Cont.)

CONFERENCE PROCEEDINGS (Cont \ E.A. Patrick, M.D., Ph.D., E.G. Magolin, M.D,, V. Sanghvi, M.D., R. Uthurusamy, "Pattern Recognition Applied to Early Diagnosis of Heart Attacks", Second International Conference on Medical Information Processing, Toronto, Canada, Summer 1976 E.A. Patrick, M.D., Ph.D., "Foreign Body Airway Obstruction -- Energies and Statistics", presented at National Academy of Sciences and also to Proceedings of 1976 Systems, Man, and Cybernetics Conference of IEEE, November 1-3, 1976, Washington, D.C. E.A. Patrick, M.D., Ph.D., "Pattern Recognition Applied to Early Diagnosis of Heart Attacks", Proceedings of Workshop Artificial Intelligence in Medicine, Rutgers University, June 1976 E.A. Patrick, 1971 Workshop on Pattern Recognition, IEEE Transactions on Systems, Man, and Cybernetics, Vol. SMC-2, No. 4, September 1972 E.A. Patrick and R. Uthurusamy, "Diagnosis, Treatment and Outcomes at Different Patient States", Proceedings of the 1977 International Con ference of the IEEE Systems, Kan and Cybernetics Society, September 1977 E.A. Patrick, et al., "A Relational Data Base Scheme for Organizing Breast Cancer Treatment Data", IEEE Systems, Man, and Cybernetics Conference on Cybernetics and Society, San Francisco, CA, September 1975 E.A. Patrick, et al., "Compatible Medical Consulting and Diagnosis by Computer", presented at the Second Illinois Conference on Medical Information Systems, Urbana, Illinois, September 24-25, 1975 E.A. Patrick, "Review of Pattern Recognition in Medical Diagnosis and Consulting", First International Conference on Pattern Recognition, Fall, 1973 E.A. Patrick, Leon Shcn, and Frank Stelmnck, "Introduction to the Theory of Medical Consult inp f i n d Diagnosis", Proceedings of the National Computer Conference, June 1973 G. Cnrrayannopoulos and E.A. Patrick, "Chromosome Processing", Automatic Cytology Conference, Sponsored by Engineering Foundation, Sexton River, Vermont, 1972 ' i E.A. Patrick, "Interactive Image Processing Using the Computer as a Consultant", Proceedings of the Tvo-DImcnsional Digital Signal Processing Conference, pp. 6-4-1, Columbia, Missouri, October 1971 E.A. Patrick, "Application of Pattern Recognition in Clinical Medicine", Invited paper 1972 IEEE Conference on Decision and Control, Proceedings on the 1972 IEEE Conference on Decision and Control, December 1972 UofCinGradMedEd

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PUBLICATIONS/PRESENTATIONS (Cont.) CONFERENCE PROCEEDINGS (Cont.) E.A. Patrick, "Computerized Information Processing for Feedback Communications and Pattern Recognition", 1968 WESCON Convention E.A. Patrick, "Mapping Onto the Real Line .for Computer Output Display", Proceedings of the 1968 ACM National Conference E.A. Patrick, "Concepts of a Learning System, Adaptive System, and a Network of Adaptive Learning Systems", Proceedings of the Systems Science, and Cybernetics Conference, October 1967 E.A. Patrick, "interactive Pattern Analysis and Classification Utilizing Problem Knowledge", presented in part at the 1969 Computer and Communi cations Conference, Rome, New York, September 30 - October 2, 1969 E.A. Patrick, "The Need for Using Both Statistics and a field of Knowledge In Pattern Recognition", 1971 Symposium of the IEEE Systems, Man and Cybernetics Group, Joint National Conference on Major Systems, October 25-29 1971 E.A. Patrick, "Communication Over the Gaussian Channel with Unsupervised Estimation Assisted by Noiseless Delayless Feedback", Proceedings of the National Electronics Conference, 1969 E.A. Patrick, "Mapping Multidimensional Space to One Dimension for Computer Output Display", Proceedings of the 23rd National Conference Association for Computing Machinery, 1968 E.A. Fatrick, "A Preprocessing Algorithm for Nearest Neighbor Decision Rules", Proceedings of the National Electronics Conference, December 1970 E.A. Patrick, "Pattern Segmentation by Pattern Recognition", Proceedings of the National Electronics Conference, December 1970 E.A. Fntvlck, "Interactive Binary IMrturr Manipulation", Marvin J. Kelly Communication;? Conformed, October 19/n E.A. Patrick, "Pattern Recognition for Diagnostic and Preventive Hedicine", Proceedings of t t i e National Electronics Conference, December 1970
i

E.A. Patrick, "Decision Directed Estimation of a Two-Class Decision Boundary", presented at the 1969 Princeton Conference E.A. Patrick, "Generalization of the k-Nearest Neighbor Decision Rule", presented at the 1969 International Conference on Artificial Intelligence, June 1969 E.A. Patrick, "Cluster Mapping with Experimental Computer Graphics", Proceedings of the Symposium on Computer Processing, Brooklyn Polytechnic Institute, M . i v 19fi9 UofCinGradMedEd
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PUBLICATIONS/PRESENTATIONS (ContQ CONFERENCE PROCEEDINGS (Cont.)

E Vith Feedba ' A " lll^tl^Tir^^1511^ ^ " . Proceeding of the 1969 National Electronics Conference, December 1969

E.A. Patrick, mation , n u December

"Bayes and Other Regression Functions for Unsupervised Esti Proceedings of 1969 National-Electronics Conference -men . . ^ a i . l i e t u Q n i c s Lonterence, 1969 '

E.A. P a t r i c k , "(INTERSPACE) I n t e r a c t i v e System for P a t t e r n A n a l y s i s , Cl assif i c a t i o n , and Enhancement", p r e s e n t e d a t Computers and C o o i i n i c a t i t i o ns C o n f e r e n c e , Rome, N.Y., October 1969 E.A. P a t r i c k "Feedback Signal Design by Optimum Control and Dynamic , Programming", 1968 IF!P C o n g r e s s , Edinburgh, S c o t l a n d , August 1968 E.A. P a t r i c k , "On N o n p a r a . e t r i c F e a t u r e S e l e c t i o n " , I n v i t e d Key Speaker
P a

8 I r n a t i o n a l D l tf nl l a n d H Q D eel f ,t T Ho , A August ^ 1968

" e ^ c o g n i t i o n Workshop,

E.A. P a t r i c k " E s t i m a t i o n and R e c o g n i t i o n w i t h Computer Output D i s p l a y " , P r o c e e d i n g s of t h e 1968 WESCON Convention E.A. P a t r i c k , "Asymptotic D i s t r i b u t i o n of Maximum L i k e l i h o o d E s t i m a t o r s f o r a Konsupervised Adaptive R e c e i v e r " , IEEE I n t e r n a t i o n a l Communications Conference I n f o r m a t i o n Theory Croup, P h i l a d e l p h i a , PA, June 1966
E A Ti ' " s Syv ^rron /a '^ dJ? c*S f c n a ' " Adaptive Receive r s with nn ch n 'i z t if o" n " and Unknown le TETU T , Unknown unknown s i g n a l s , IEEE I n t e r n a t i^ oJ n a l , Communications r f Tr C o n f e r e n c e , l o c a t i o n Theory Group, P h i l a d e l p h i a , PA, June 1966

E.A. P a t r i c k

"The Nonsupervised Learning of P r o b a b i l i t y Spaces and Recog' ^ ^

l n t e r n a t i o

^^^1965

"ai

Convention, I n f o r m a t i o n I I ,

E.A. P a t r i c k , "Asymptotic P r o b a b i l i t y of E r r o r Using Two Decision D i r e c t e d E s t i m a t o r s o r Two Unknown Mean V e c C o r S " , 1967 I n t e r n a t i o n a l Communic a t i o n s r o n f c r n i c p , June 1967 E.A. ^ t r i c k , " D i s t r i b u t i o n F r e e , Minimum C o n d i t i o n a l Risk Learning Systems", P r o c e e d i n g s of t h e F i r s t Annual P r i n c e t o n Conference on I n f o r m a t i o n b c l c n c c s ami Systems, March 1967
i

TECHNICAL REPORTS
EdWflr

p A n i a t r l C k > ^ I dA - A m s t r o n e . nry J . Heimlich, C. R i e v e s c h l , and L o ^ I T T ' " l T l d u a l i " ' * W " D e l i v e r y " , T e c h n i c a l Report to Brooks A i r Force Base, San A n t o n i o , Texas, August 1 , 1978

E A

' * iTniTi' x\*<1" " A y 5 t C m S A p P r o a c h t o Applying P a t t e r n R e c o g n i t i o n t o Medical D i a g n o s i s " , Purdue U n i v e r s i t y , TR-EE 7 5 - 1 2 , 1975 UofCinGradMedEd 00074

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PagpU

PUBLICATIONS/PRESENTATIONS (Cont'd) TECHNICAL REPORTS (Cont'd) E.A. Patrick, e t a l Mav

E A

"Theory for a Medical Decision Making

yStem

1975 -1"nS

'?UrdUe

Universit

y-

TR

"EE 75-16,

' ^ !n, U M C k ' " C o t n ^ t i b l e McdicaL Consulting Cor Diagnosis and Management", Purdue University, TR-EE 75-16? 5 1 " 1975.

E.A. Patrick et al., "A Systems Approach to Applying Pattern ?R-Eln75-nttI97ldlCal D i a ^ " ' > Purdue'SnLefsu"6^
E

' A ' S ^ M ? ^ ^ ' n f " ^ S t e i m a c k ^ d Dave Bowen, Analysis of n f l K 1 ^ C l 7 i C a n d a D e s i 8 n f o r Automating such a Clinic Using Fourth Generation Technology Purdue University Technical Report, September 1, 1975 ''Interactive Computing and Pattern Recognition

E.A. Patrick

E A

' " lllli "S n , P l I t e . a n d ? a t t e r n Recognition for Large Systems , Purdue University 72-27, September, 1972. Report report

E.A. Patrick "Nonsupervised Communication Systems" for Contract AF33(615)3768, July, 1966.
E

' A ' Rennr^f ' ' ^ " ^ ^ j ** . * P lo Set Construction Techniques" Report Coi Bureau of Ships Contract NObsr95285, August 1956. ' " IVnl^nL " ^ " P ^ v i s e d Sample Set Construction Techniques ( 0 ) " Karen, 1 ? ! " " ^ N O b s r 9 5 2 8 5 Ser0253-524, Confidential; '

E A

' A ' ? r r p ' ^ c* Y ' L -n S h e n '." A Stud-V o f Clustering and Model for Passive Sonar Detection and Classification" Purdue "nivorsHv, TR-KF. 71-12 , Aur,u.,( , 197?.. '

E.A. Patrick, 1..Y.L. Slu-n, and R.A. Agnew, "Computer Aided D e t e c t i o n ^ Classification", Purdue University, TR-EB 71-25, E.A. Patrick and L.Y.L. Shen, "Computer System Design for a teai R T R -Lb FF^ T K ^8"itiou", Purdue University, J iK 71-4, February, 1971.

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PUBLICATIONS/PRESENTATIONS TECHNICAL REPORTS

(Cont'd)

(Cont'd)

E.A. Patrick and F.P. Fischer, II, "k-Nearest Neighbor Rules" Purdue University, TR-EE 70-34, January, 1971 ' E.A. Patrick and L.A. Liporace, "Unsupervised Estimation o^ Parametric Mixtures1', Purdue University TR-EE 70-31 August, 1970. ^L/> l R ta /u Jl,

Purdue University, TR-EE 70-12, April

E

1970.

'

'A'

F ' p ' F i s c h e r - ' i r ^ A V ' U p r a C e ' E " R - C . < rA R.1 r ' ' A P P U t i o n s of Learning Technology J5;! J " ^ W , Purdue U n i v e r s i t y , TR-EE 6 ^ 4 2 , sloriop r ^ fK; S c h J e l " A ^ " p a r a m e t r i c Procedure w i t h A u g u s t ! 1969 " ^ ' P U r d U e " " ^ " " t y . TR-EE 6 9 - 2 4 ? c a t i o f o r w . v p f ; F i " h " A . 1 1 ' " C ^ " A n a l y s i s and C l a s s i f i c a t i o n of Waveforms and P i c t u r e s , Part 1 - - Waveforms" r rmS Purdue U n i v e r s i t y , TR-EE 6 9 - 2 3 , J u l y , 1969. ' Patrick
S

E A

' "

'A'

E.A.

and J r .
f

CnstclLo,

"Unsupervised "' ^'

rdue

E s t i m a t i o n and

?R-EE ^-?R l r2J IK Lt 69-18, June, 1969.

E

Unkn0

i8lWlS

University*

' A ' E i i i C F u S S ? t . V'1- P ? 1 ; ? 1 ' , ? ^ r < ' Processing Using Intervalized easis functions , Purdue University, TR-EE 69-17, May, 1969.

E.A. Patrick, R. Fukunaga, L.Y.L. Shen, and Dr. R. Olsen "Sonar Detection and Cl a cc f , *, . , *. * ' . . - "Ulben' aonar knowledge , Eurduc University, TR-EE 69-5, February, 196 and

E.A. Patrick, D.R. Anderson, L.Y.L. Shen, R.B. Chadwick extraction

, lurdue University, TR-EE 69-29. August, 1968

1 E.A. Patrick and F i Fisrhor n "u Splpri-ion" i , ' ! ' ^"parametric FeaLure belection , Purdue University, TR-EE 68-24, August, 1968.

E.A. Patrick "Self-Taught Communication Systems" Purdue University, TR-EE 68-23, July, 1968. '

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PUBLICATIONS/PRESENTATIONS TECHNICAL REPORTS E.A.

(Cont'd)

(Cont'd)

P a t r i c k , J Y.S. Luh, K. Fuktinaga, D.R. Anderson, F ? Fischer I I , L.Y.L. Shen, F.K. B e c h t e L , and T.F Krile P r t 1: Th JSu ' ^ * * t i c a l Results Supervised' and U n s u p e r v i s e d A d a p t i v e Systen, for Submarine D e t e c t0i o n " e Purdue U n i v e r s i t y , TR-EE 6 3 - 2 1 , J u l y , 1968. ^ ,
i0 Some A Essttiim ma attiio on n ' , ' Purdue P L ^ T P8^ c ,h eA s u gto e U n" i v e'r s i> t y , TR-EE P6 -7 u s t ,U n 1s9u 6p 8e .r v i s e d

E A

' '

E A

' '

l-C-.hion*s> G.L. C a r r a y a n n o p o u l o s , J . P . C o s t e l l o I_A Su e fearnin, r Z ^ ' ^ P ^ or U n s u p e r v i s e d ' L e a r n i n g Computer D e s i g n e d for D e m o n s t r a t i o n " Purdue U n i v e r s i t y , TR-EE 6 7 - 1 8 , November, 1967. '
I ^ / T ^ '

E.A. P a t r i c k and G.L. C a r r a y a n n o p o u l o s , "Codes for U n s u p e r v i s e d L e a r n i n g of Source and B i n a r y Channel P r o b a b i l i t i e s " P u r d u e U n i v e r s i t y , TR-EE 6 7 - 1 6 , O c t o b e r , 1967.
E A

' "

r 111 o f D i s t r i b u t L P - F r l S9 C h S " ^ - d u c t i o n to t h e P e r f o r m a n c e M l' n llstllJ* XIT n' ' C o n d i t i o n a l Risk L e a r n i n g Systems , Purdue U n i v e r s i t y , TR-EE 6 7 - 1 2 , J u l y , 1967.

"A'

R o c ^ ^ ' C ' , V C a r r n P " P l o s , and J . C o s t e l l o , " F i v e P e r 1 S e d JJ il t y ! l, r ' , 1966. i J e a r n i n g S y s t e m s " , Purdue' U n i v e r s IK. E t h Ub U b-z DecemDer, - -Jr>,
Free fearninP w ^ ^ 0 ! - ' Hlnlmm C o n d i t i o n a l Risk L e a r n i n g System , Purdue U n i v e r s i t y , TR-EE 6 6 - 1 8 , November,

E A

' '

E.A

r o r ' r i L ! 1 1 ? - ^ ^ ! I a n " c k > " L e a r n i n g P r o b a b i l i t y Spaces ? h niC " f,"ci R e c o g n i t i o n of P a t t e r n s w i t h or !Sl n Nov m ^ 65 ' I U r d U C U i v e r s i t y . TR-EE 6 5 - 2 1 ,

CHAIRMAN OR EDITOR "The t ^ n r r a l Chni rm.-.u's Symposium on Biomodionl tine i n c c r i n e "

E d U

VsJ7Eeli|IMn0P,^ Septembe^'1972:

r a , U C r n e c f i " * f " > S . IEEE T r a n s a c t i o n s < * > " , Vol. SHC-2 , No. 4 ,

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PUBLICATIONS/PRESENTATIONS CHAIRMAN OR EDITOR

(Cont'd)

(Cont'd) ^ " ^ n Body Airway O b s t r u c t i o n , l l T ' ^ ^ Modifica" " ^

'"^ionVstandard"

Acade^v o r l c ^ c e ^ a s n l n g c o n l T c ' !
SW0

lnrnIf!on^rCo^e?eoPcrotes'tefJCiet-V)-,"^ Societv nF TFFF n Systems, Han, and Cybernetics society of IEEE, Washington, D.C., November 1-3, 1976. Member - Committee on EmcrEPucv Medicine oF N ^ ; n n i A * of Sciences, 1976 & 1977 l l e d I c l n e o f National Academy

Obstruction, Washington, D.C., October, 1975

SeSSi

San C Fra,c" s c " " i n t " " i < l Conference of SMC, ban francisco, California, 1975. n a n t ^ n a r r n n F B i o e ^ i n e ^ i n g Applications, Second Inter**! iT^lhT. P 3 t t e r n ^ i t i o n . Copenhagen,

SeS5i

Session Chairman - Health Care Delivery & Panel Member - Biocybernetic and Physiological Systems, 974 Systems L y S and Cybernetics Conference, 1974. ' "an'
Membe

o n " p ^ ? r a m p C f n m U t e e ' F i r s t International Conference e on Pattern Recognition, Fall, 1973. Session Chairman - Svsrpms M-m ,! r L . October, 1973. ' ' Cybernetics Conference, %2hCnlT,tt ' P a U e o n Rcco *"ition in Medicine, Notre Dame 1972 Conference on Pattern Recognition, 1972.
tlf

Se5S

Session Chairman - Srvrmh Symposia

A,soci.,.ion for the

Joint Nationa1

Organizer - Pattern Recognition Workshop [ & lL Conference on Major Systems, October, 1971
Edit0

National

on"syI 7 t Ls 0 r Mnn O P a nd I*?"" ? ^ ^ l o n , IEEE Transactions systems, Man, and Cybernetics, October, 1971.

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Brook A

to in5titSL orEs^" r" * - ^** '

t o i n s c i t u t e o [ E n g i n e e r i n g and Medicine", 1976-1977.
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Jewish H o s p i t a l , C i n c i n n a t i , Ohio, J u n e , G r a n t from B i o e n g i n e e r i n g C e n t e r , Grant from School of K l f c L r t r i l

a r u n l

1976. University. I'urdue U n i v e r s i t y , 1973

Purdue

i.; Miginrornig,

Grant

Inst"ut" C "

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SmaH H o s p i t a l ,

DR. EDWARD ALFRED PATRICK

Page 17

PUBLICATIONS/PRESENTATIONS (Cont'd) CHAIRMAN OR EDITOR (Cont'd)

W O r

d a v o f ^ ^ 1 2 e r ^ P a U e r n R e c 8 n U i o n Workshop f o r t h e f i r s t d a y f Systems S c i e n c e and C y b e r n e t i c s C o n f e r e n c e , O c t o b e r 1

Chairman - " M e d i c a l Uses, For I n f o r m a t i o n Theory Pattern R e c o g n i t a , and C o m p u t e r s " , P a n e l D i s c u s s on ItiVlO N a t i o n a l E l e c t r o n i c s Conference, 1970. O r g a n i z e r , Chairman, L e c t u r e r - " I n f o r m a t i o n P r o c e s s i n g a g one-week c o u r s e a t Purdue U n i v e r s i t y , 1968 ' RESEARCH GRANTS ( P a r t i a l List) Uof CinGrac, MedEd f o r HsonPhV , n a g n el tic

Picker I n t e r n a t i o n a l Ar t i F i r i -, l r t - , , i i WM<U i v r u u c i a i i n t e l l i g e n c e Resonnance Imagine 19fi<i-lQR<; n D c 5

i>L4#'i*'?un?L i Me dtc ir; ? ! ^ ? - P ^ :

ille

'

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RESEARCH GRANTS (Partial

List)

Health and Hospital Corporation of Marion County and Regenstrief Institute. Health and Hospital Corporation of Marion County Hospital, Free Grant, 10-1-71, 12-23-71, 5-25-72. NSF, GJ 1099, with K. Futcunaga, "Interactive Supervised and Unsupervised Pattern Recognition", 2-1-71 to 1-31-73. Indiana University Medical Center, Marion County General Hospital. Naval Air Development Center, N62269-7l-C-0025, "A Study of Clustering and Model for Passive Sonar Detection and Classification", 8-18-70 to 8-17-71. Naval Ships Systems Command, N00O24-69-C-1265 (SECRET), "Detection and Classification Utilizing Supervised and Unsupervised Estimation", 2-23-70 to 3-19-71. Wright-Patterson, F33~615-68-C-1577 (SECRET), "Nonsupervised Communication Systems", 3-1-68 to 5-1-69. Naval Ships, N00024-68-C-1193 (SECRET), "Supervised and Unsupervised Learning", 3-22-68 to 2-22-69. Griffiss, AFB,_Rome Air Development Center, F-30-602-68-C-0186, "Information Processing", 2-16-68 to 2-15-71. Naval Ships Systems Command, N00024-67-C-1162 (SECRET) "Unsupervised Adaptive Systems", 1-4-67 to 1-3-68. Department of Navy, NObsr 95285, "Non-Supervised Recognition", 5-5-66 to 12-31-67. Pattern

Wright-Patterson AFB, Avionics, Division, 33(615)3768, "Self Taught Communications System", 4-1-66, 3 1 - 6 8 . PROFESSIONAL AFF111 AT IONS Society for Advancement of Artificial Internal Organs Institute of Electrical and Electronic Engineers Society for Ad vancement of Medical Instrumentation American College of Emergency Physicians American Men & Women of Science Who's Who American Medical Association Eta Kappa Nu Systems, Man, and Cybernetics Society

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DEPOSITION EXHIBIT 93

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<5l MI^_"!^.,|NDjANA

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MEDICAL LICENSING BOARD Of INDIANA
Stabs Board of Health Aim
1375 West 16th Street

6334SS5

Hay 28, 197fj

Edward A* Patrick, M.B, P. 0. Box 2006 West Lafayette, Xadiaaa

D6c:r Doctor:

Visa Kedical Licensing Board of Indiana will hold the FLEX examination in frdianapolfs on June IS, 16, 17, 1976 beginning at 8:00 A.M. (E.S.T.) atUy in the Lecture Hall, Indiana University - Purdue University at iisdiftncpOlfK, 225 West Michigan Street, 325 Agnes Street, Indianapolis, fi, roans m* 10!, and 102. -^closed is your photograph stamped with the Board Seal, and a card of cairns*fen to the examination, which bears the examination assigned to yfttf, Seating t i l l be by examination number. Write your name and address M the emission card using the address to which you wish to have your grade report and certificate to be sent. Please print legibly. Your RRKfi should appear sxactly as you wish i t to appear on your license. Tft* card will he collected during the examination. The photograph w i l l nfir&tn on your desk during the entire examination, 7r,8 cxan.; will be FLEX type and will require the use of pencil with #2 Ttf, Ife suggest th?t you bring several number 2 lead pencils. They v-'ll not be furnished. No applicant i s , under any circumstances, to cooimlctif in any way with other applicants during the examination, nor to have any books, papers, or aids of any kind at his or her desk. Sincerely yours,

'fssriore J , WW* TJK/sb inc.

%M. Secretary '

Case 1:05-cv-02791-LW

Document 116-23

Filed 02/04/2008

Page 3 of 6

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Case 1:05-cv-02791-LW

Document 116-24

Filed 02/04/2008

Page 1 of 12

DEPOSITION EXHIBIT 98

Case 1:05-cv-02791-LWOFDocumentl116-24n -Filed k 02/04/2008 A pPage 2 of 12

(Use additional sheets where necessary for additional space)

IDFNTIFYING

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NAME FIVE

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A ! Z O ^ ^ E N T i n c ME.ET.NE. YOU HAVE ATTENDED DURING PREVIOUS

PRESENT CAPACITY W I T H THIS L I S T ALL PRESENT AND P R E APPOINTMENTS}. SPECI

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ON S E P A R A T E S H E E T . S , V E N A R R A T I V E SUMMARY O F A L L PAST INCLUDING OFFICE, CLINIC, HOSPITAL ANDMILITARY.

AND PRESENT

MEDICAL

PRACTICE PRACTICE

"RE Y O U A MEMBER O F THE ^ClMP^OUVTi/ U J U L 1 1

SO YOU NAVE AN A P P L I C A T I O N PENDING? DO YOU INTEND TO APPLY7 IF MEMBER PAST OR P R E S E N T
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Dearborn 00012
Form 1028 Briggs Corporation, Des Moines, Iowa 50306
P R I N T E D 1N U . S . A

CERTIFICCase

1:05-cv-02791-LW^Document 116-24
BOAffi QUALIFIED INAMEOF BOARD!' 3P PEC'IALTY ECTALY7"B BOARD OARD STATU^ / ~ {4! N A M ' E O F BoSteoT

Filed 02/04/2008
ARE YOU CERTIFIED?"

Page 3 of 12"vV/-w
| DATE* DATE

FAMlty

I F HOT C E R T I F I E D ,

GIVE PRESENT

STATUS

,
LICENSE NO.

D*
REGISTRATION NO.

LICENSING

MED I C A L L I C E N S E \W. (NAME OF S T A T E AND D1CAL

COUNTYl

BEC FEDERAL NUMBER JERAL NARCOTICS NARCOTICS REGISTRATION R^GISTRAJ

OTHER

11 2X

SOisiJ
LICENSE

A P OljSt 0 3 OHIO
,

(NATURE OF L I C E N S E , COUNTY AND

STATE)

MEDICAL REFERENCES

I F P O S S I B L E , INCLUDE TWO M E M B E R S O F . . L I S T E D UNDER ' r AFF [ L I AT | O MS , " NOTE; REFERENCES W I L L BE E V A L U A T E D WORK W I T H THE A P P L I C A N T . ADOfJELSS

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PRIMARILY

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. H O S P I T A L M E D I C A L S T A F F ; OTHER THAN THOSE WHO M l t H T BE BY THE E X T E N T OF D I R E C T C L I N I C A L OBSERVATION AND OTHER

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HAVE JUDGMENTS OR S E T T L E M E N T S BEEN MADE AGAINST YOU IN P R O F E S S I O N A L I F " Y E S " . GIVE D E T A I L S ON SEPARATE S H E E T .

IF ANSWER TO ANY OF THE FOLLOWING QUESTIONS IS "YES", PLEASE GIVE FULL DETAILS ON SEPARATE SHEET OF PAPER. A . Has your license to practice medicine in any jurisdiction ever been limited, suspended or revoked? Yes [X3-Wo E. Have you ever been refused membership on a hospital medical staff? C. Has your request for any specific clinical privilege ever been denied or granted with stated limitations? D. Have your privileges at any hospital ever been suspended, diminished, revoked or not renewed? E. F. I HEREBY APPLY TO THE HOSPITAL FOR APPOINTMENT PRIVILEGES DESIRED Has your narcotics registration ever been suspended or revoked? Have you ever been denied membership or renewal thereof, or been subject to disciplinary action in any medical organization?

Yes

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Yes @%>< Yes B^Np. Yes (e^fNo

Yes j No

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(SPECIFY) (SPECIFY)

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Dearborn 00013

SPECIAL

PROCEDURES

^SPECIALTY

OR SUB-S P EC lA LTY CONSULTATION

HEPATIC DISEASES Differential diagnosis Cirrhosis' with bleeding varices wi^h coma decompensated Hepatitis Differential diagnosis of jaundice GASTROINTESTINAL DISEASES Differential diagnosis Peptic ulcer bleeding perforated obstructed Ulcerative colitis Regional ileitis

Intestinal obstruction PaFjcriatitis prption stitis L DISEASES DifferBfiJfsh diagnosis phritis is ute insufficiency conservative dialysis PULMONARY DISEASES Differential diagnosis Pneumonia complicated uncomplicated

Emphysema with pulmonary insuffic. with coma Pulmonary infarction Pneumothorax, spontan. CARDIAC DISEASES Differential diagnosis Congestive heart failure acute chronic 8t intractable Coronary heart disease with angina with infarction with coronary insuffic, Bacterial endocarditis Cardiac arrythmias Myocardial infarction with shock with serious arrythmia with cardiac arrest

'
DELINEATION OF MEDICAL YILEGES (RED (continued)

Ca se-

5-cv-02791-LW

Documer

i^Filed 02/04/20 08 ^Page 4 of 12

w i t h congestive f a i l u f e recurrent Rheumatic fever Myocarditis Pericarditis Cardiac catheterization Cardioversionmedical Cardioversion-electrical HYPERTENSION D i f f e r e n t i a l diagnosis E s s e n t i a l , unresponsive Malignant CompI icated w i t h cardiac i n s u f f i c . w i t h renal i n s u f f i c i e n c y Toxemia of pregnancy METABOLIC & ENDOCRINE DISEASES D i f f e r e n t i a l diagnosis Diabetes M e l l i t u s with acidosis w i t h coma Thyroid conditions w i t h coma w i t h thyrotoxic c r i s i s Parathyroid conditions Pituitary conditions C u s h i n g ' s syndrome A d d i s o n ' s disease Pheochromocytoma Afdosteronism Sex hormone abnormalities COLLAGEN DISEASES D i f f e r e n t i a l diagnosis Lupus erythematosus Perfarteritis nodosa Thrombotic thrombocytopenic purpura Dermatomyositis Scleredema N e c r o t i z i n g Granulomatosis EYE SURGERY Chalaziqn : PterygiurfK, Enucleation Cataract Squint Dacryocystectomy Glaucoma Retinal detachment Plastic on l i d s / " f\J A A * J L I ^

ARTHRITIS Differential diagnosis Rheumatoid Osteoarthritis Gouty

Renal Pleural Lung Peri card ial . ENDOSCOPY Esophagoscopy Gastroscopy Peritoneoscopy Pro ctos copy & Sigmoidoscopy Bronchoscopy

HEMATOLOGICAL DISEASES D i f f e r e n t i a l diagnosis Leukemia acute chronic Hemorrhagic diathesis Primary anemia

NEUROLOGICAL DISEASES Differential diagnosis Stroke acute rehabilitation Meningitis-Encephalitis Convulsive states Parkinsonism degenerative demyelinating

ASPIRATION . PROCEDURES Thoracentesis Paracentesis J o i n t aspiration Pericardiocentesis Bone marrow

MISCELLANEOUS Cancer chemotherapy ' (other than leukemia) Thrombo p h l e b i t i s Acute peripheral emfciplism **' J tm ALLERGY Iflv D i f f erent i a n d i aonJsis Hay fever (\dfleJGertization| Urtica/1 Serum s </fthass AsWfria / WiDn d ssensitization GENERA SURGERY Closure perforated ulcer Other gastric surgery Ramstedt. duct surgery Splenectomy Pancreatic surgery Small and large bowel surgery Appendectomy Abdomino-perineal resect. Abdominal e x p l o r a t . after work-up 1 & D of intra-abdominai abscesses Traumatic laparotomy Simple inguinal hernia Strangulated or recurrent hernia

j k\A [fH
j

Dearborn 00014

DELINEATION OF SURGICAL PRIVILEGES DESIRED

Skin tumors Split t h i c k n e s s grafts Wolff grafts Pedicle grafts Skin lacerations Extensive burns Parotid gland surgery Lip and tongue surgery Rannula Epulis Resection of jaw Thyroglossal ducts

Cornea I labe^Yion

EAR SURGERY Mastoidectomy

Branchial clefts Pharyngo-esoph. d i v e r t i c . Thyroidectomy Phrenic nerve

NASAL SURGERY Polyps Septum Fractures

Breast biopsy Simple & radial mastectomy Thoracentesis & closed drainage Rib resect, for empyema

Ventral or femoral hernia Pilonidal c y s t Hemorrhoids Fistula in ano. Hand infections (major) Hand infections (minor)

THROAT SURGERY Tonsils Tracheotomy

Thorocoplasty Intrathoracic surgery Surgery c f diaphragm

. _.,

Cas e 1:05-cv-02791-LW - Document^ 116-24 J F iled 02/04/2008

DELINEATION Ur SURGICAL PRIVILEGES >ESIRED (continued) NEUROLOGICAL SURGERY Skull fractures Craniotomy Laminectomy Scaleniotomy Lumbar Symp. Thoraco-lumb. symp. Irrtervertebral d i s k s UROLOGICAL SURGERY Nephrectomy Pyelotomy Ureterotomy Cystostomy Suprapubic prostatic resect. Other suprapubic bladder VASCULAR SURGERY Vein ligat. & stripping Major vascular surgery _ DELINEATION OF GYNECOLOGICAL PRIVILEGES DESIRED Arterial grafts surg. Cystectomy Cystoscopy & retrograde pyelogram

Page 5 of 12^
Transurethral cysto & prostate surgery Hydrocele, spermatoceJe,

~ ~

D & C diagnostic 1 & D Bartholin duct abscess Bartholin duct cystectomy Biopsy of vulva Biopsy of cervix Conization of cervix cold knife Conization of cervix hot knife Perineotomy Perineorraphy Repair of rectocoele Repair of enterocoele Repair of cysto-urethrocoele Excision of Skenes duct cyst Excision of urethral caruncle Vulvectomy simple Vulvectomy radical w i t h groin dissection Vulvectomy radical w i t h groin dissection & hypogastric nodes Hysterectomy, vaginal Schauta Operation _ Hysterectomy, abdominal _ total ) w i t h or without subtotal f adnexae Uterine suspension Pre-sacral neurectomy Marsha 1 l-Marchetti . Pubo-Vesi co-urethra 1 susp.

Radium i n s e r t i o n , cervix (Ernst) Radium i n s e r t i o n , uterus (Heymans) Hysterectomy, r a d i c a l , Wertheim Exenteration, complete Exenteration, anterior Exenteration, posterior Salpingectomy Oophorectomy Hypogastric A a , ligation Appendectomy Hymenotomy Repair surgical rent, of bladder, bowel Ureteral repair Ureteral transplant Incisional hernia repair Fundectomy Salpingostomy Skin grafting Urethral caruncle figuration U m b i l i c a l hernia repair LaForte v a g i n a l repair Manchester-Fothergill operation Repair/recto-vaginal f i s t u l a Repair/vesico-vaginal f i s t u l a Sturmdorf repair of cervix
~

| Hystero salpingogram Meckel's diverticulum Hymenectomy Hydatid mole evacuation Salpingoplasty Tuba! implantation into Closure of vaginal f i s t u l a Evacuation of pelvic abscesses Evisceration repair Colpectomy Pessary insertion Plastic construction of vagina w i t h s k i n graft for congenital absence Colpotomy exploratory Trachelectomy Peri neoplasty Removal of foreign body from vagina & uterus

- - D e ; irbornOOOlS
DELINEATION OF OBSTETRICAL PRIVILEGES
"^^^^~ ^

Footling presentation emergency Multiple pregnancy Low forceps occiput anterior Mid forceps delivery Pre-ec lamps ia

Caesarian s e c t i o n classical low cervical Version & e x t r a c t i o n Manual removal of placenta Duhrssens i n c i s i o n s Repair of c e r v i c a l lacerations Caesarean hysterectomy Caesarean Wertheim Hypogastric A a . ligation

Mild
Moderate Severe Eclampsia

Case 1:05-cv-02791-LW

Document

4 ^'Filed 02/04/2008/Page 6 of 12
Emergency Caesarean section for hemorrhage Anesthesia-pudenda I block local, general spinal tomata Circumcision of infant Repair of 3rd & 4th degree lacerations Excision of vulvar lesions at delivery Excision of vaginal cysts Uterine packing Curettage Abortion Post-partum Resuscitation of infant Cervical biopsy during pregnancyalso conization of cervix emergency Repair of incompetent i n ternal cervical o s - c i r c l a g e , etc. Inversion of uterus Hemorrhoid e x c i s i o n Amniocentesis Management of fetal death in utero-intra-amniotic injec tion of hypertonic solutions Induction of labor medical surgical

Evacuation of vulvar hema

Subacute bacterial endo carditis Management of failure Cardiac regulators ALLERGIC DISORDERS Uncomplicated asthma Complicated asthma Serum sickness

Emotional disorders Disturbances of growth & development Steroid therapy over 1-week duration NURSERY PRIVILEGES Routine newborn care Circumcision C l i p frenulum

ENDOCRINE METABOLIC DISORDERS Diabetes, uncomplicated Diabetes in severe acidosrs Diseases of Thyroid Diseases of adrenal gland PREMATURE INFANT CARE DISTURBANCE OF WATER & ELECTROLYTE BALANCE mild moderate severe WITH COMPLICATIONS Life threatening: surgical Life threatening: medical Non-life threatening: surgical N o n - l i f e threatening: medical FULL TERM INFANT CARE DISEASES OF BLOOD & BLOOD-FORMING ORGANS Leukemia A p l a s t i c anemia Hemolytic anemia Hemophilia Iron deficiency anemia requiring transfusion ERYTHROBLASTOSIS Mild Severe _ Requiring exchange MISCELLANEOUS Lipodystrophies Collagen diseases Nephritis & nephrosis WITH COMPLICATIONS Life threatening: surgical Life threatening: medical Non-life threatening: surgical Non-life threatening: medical PREMATURE INFANT CARE Without c o m p l i c a t i o n over 4 lbs. Without complications under 4 lbs.

Dearborn 00016

r. Case 1:05-cv-02791-LWf ./Document 116-24

Filed 02/04/2008

<*u

Page 7 ofeJ
Undisplaced Fibular shaft Displaced Undisplaced Both bone Displaced Undisplaced Ankle Dislocation Fracture dislocation Potts-bimalleolar Displaced Undisplaced Lateral malleolus Displaced Undisplaced Medial malleolus Displaced Undisplaced Avulsion fractures of ankle TARSUS GROUP Talus Displaced Undisplaced Calcaneous (os calcis) Displaced Undisplaced Navicular Displaced Undisplaced Subastragalar d i s l o c a t i o n s METATARSAL A N D PHALANGES Singular Displaced Undisplaced Multiple Displaced Undisplaced Avulsion fractures Complicated Uncomplicated EPIPHYSEAL INJURIES Displaced Undisplaced

DELINEATION OF ORTHOPEDIC PRIVILEGES DESIRED

OPEN FRACTURES (comp.) Fractures minimal soft tissue disruption Fractures marked soft tissue disruption CLOSED FRACTURES (not compound) Facial bones Maxillary Zygomatic arch Orbits Mandibles Nasal bones Displaced Undisplaced Skull Linear Depressed Spine Cervical Dorsal Lumbar Pelvis Displaced Undisplaced Ribs Multiple Single UPPER EXTREMITY (FRAC TURES AND DISLOCATIONS) Clavicle Displaced Undisplaced Scapula Displaced Undisplaced Dislocation acromioclavicular joint Dislocation of shoulder Anterior Posterior Fracturedislocation of shoulder Anatomical neck Impacted Displaced Tuberosities Separated Unseparated Surgical neck Impacted Displaced Shaft Displaced

...

DELINEATION OF DENTAL PRIVILEGES DESIRED

Undisplaced Supracondylar Condylar Elbow Dislocations Fracture d i s l o c a t i o n s FOREARM Both bone Displaced Undisplaced Single bone Displaced Undisplaced C o l l e ' s fracture Mi Id deformity Moderate deformity Severe deformity Reverse C o l l e ' s (Smith) Carpal bones Navicular Transcarpal d i s l o c a t i o n s Carpal d i s l o c a t i o n s METACARPAL A N D PHALANGES Singular Displaced Undisplaced Multiple Displaced Undisplaced A v u l s i o n fractures Complicated Uncomplicated Lower extremity Femus D i s l o c a t i o n of hip Fracture-dislocation of hip N e c k of femur Intertrochanteric Sur>trochanteric Shaft Adults Children Knee, d i s t a l femur and proximal t i b i a Condylar fractures of femur Patellar d i s l o c a t i o n s Pateliar d i s l o c a t i o n w i t h fracture Patella fractures Displaced Undisplaced Plateau fractures T i b i a l shaft Displaced

karborn 00017 E

REHABILITATION OF DENTAL ARCHES Operative restorations Crown and bridge : preparation Prosthetic replacement of teeth Implantation of teeth

EXTRACTION OF TEETH Single uncomplicated extractions M u l t i p l e uncomplicated extractions Surgical removal of impacted teeth Surgical removal of embedded teeth

Severe lacerations Simple intra oral biopsy Benign tumors Malignant tumors Minor cysts Major extensive cysts Minor infections Major infections Incision and drainage Salivary gland surgery Salivary duct surgery Tongue surgery Plastic repairs of c l e f t palate (a) congenital (b) pathological (c) traumatic

ORAL PROSTHESIS Oral prosthesis for malformations of the f a c e , jaws, and mouth (a) congenital (b) pathological (c) traumatic Implant dentures INTRA ORAL SURGERY Root resections Alveolectomy Alveoplasty Torus pa 1 itnus Torus mandibularis Minor lacerations

Case 1:05-cv-02791-LW
DELINEATION OF DENTAL f ILEGES &- .RED
^(continued)

Document
Ljp surgery

iled 02/0-4/2008

Page 8 of 12

Ranula Caldwell-luc procedure for root tip removal from antrum EXTRA ORAL ORAL SURGERY Minor infections Major infections Minor lacerations Major lacerations Major extensive cysts Minor cysts

Mandible, closed reduction Mandible, open reduction Zygoma; closed reduction Zygoma, open reduction

(a) congenital (b) pathological (c) traumatic Salivary gland surgery Benign tumors Malignant tumors Incision and drainage

FRACTURES OF THE JAWS AND ASSOCIATED STRUCTURES Maxilla, closed reduction Maxilla, open reduction

iXlVndTSta!ld,that

any m

^ " ' f ' c a n t mis-statements in or omissions from this application constitute

a Z ^ r T T n t r C 3 U S e f r s ^ * ^ from the medical S f f A,l i n f o r m S submitted by me in this application is true to my best knowledge and belief. In m a k i n g > i s j , p p l i c a t i o n for appointment to the medical staff, of this hospital, I acknowledge that H , r e c e ; H and read the H * f ^ hospital and the by-laws, rules and 3 <* the medical staff oXthis hospital, and that I am familiar with the princip.es and s t a n d X the o i n Comm s s l o n 0 A c W , l t a t i o n o f H o s p i t a l s a n d ^ , , ^ ^ *jJWnt fi state and local a s s e r t i o n s that apply to and govern my specialty and/or p r o f Z L , a r c I agree o be bound by the terms W o f if I am granted membership or clinical p r i v i X and I further g e e to to bound by the terms t r W without regard to whether or not I am g r a Z membership o c i n i a I

M z : z r::: r r r t
V

re

co deration o fmv
""*
h

time lo t i l e e ^ c t e d

SPita' " *

*^^^T*z ss
" P ^ * * * ~ * V * -

" "

e a u " nS T i ^ S T ^ ^ f t I T " ' " " " V ^ ^ a l s , that may be mate c o m requested^ s w / l l T / T T ^ ' 0 " 8 ^ X e ^ to carry out the clinical privileges equested as well as my moral and ettrfcal qualifications f o r W membership. I hereby release from tions and I hprlh t
SPI

t^T t ' ? r
r y

evaluatln

Y apphcat.ofcand my credentials and qualifica" '"dividuaS^nd organizations who provide

K m a t o n to I t Y

l i a b M i t V anV a n d a Staff

faith and To coletence ISr ' ! ^ ^ ' " ^ " ^ .ice concerning m oI C S Ua,Jfications for prT i Z s and he V T ' , f ^ ^ ^ " ^ a p p o i n t m e n t and clinical P privileges, and I hereby consent to the release of such information.

s t a ^ t n Y ^ l ^ ^ 0 , ' 1 2 6 " ^ C n S e n t t 0 t h e T e l e a S e 0 f i n f t i o n by this hospftal.or its medical staff, to othep/nosp.tals, medical associations and other interested persons on r e o X reo rdho an ' f o r m a t e hospital and the medica, staff may have concemin m e a s ,o3l

2TZ:^T::ZT

and w t ih o u tm a c ile a n d h e r e b yr e e ia s ef r o m!

'

*^ss
\ & z
u Q

Understand and agree that I, as an applicant for medical staff membership have the burden ductng adequate information for proper evaluation of my professional competence c t a n t and other qualifications and for resolving any doubts about such q u a l i f i c a Z

, Case 1:05-cv-02791-LW LW

Document 116-24

Filed 02/04/2008

Page 9 of 12

I will not participate in any form of fee-splitting. Moreover. I pledge myself to shun unwarranted publicity, dishonest money-seeking, and commercialism; to refuse money trades with consultants practitioners, makers of surgical appliances and optical instruments, or others; to teach the patien't his financial duty to the physician and to expect the practitioner to obtain his compensation directly from the patient; to make my fees commensurate with the service rendered and with the patient's rights; and to avoid discrediting my associates by taking unwarranted compensation. I have not requested privileges for any procedures for which I am not certified. Furthermore I realize that certification by a board does not necessarily qualify me to perform certain procedures 'however I believe that I am qualified to perform all procedures^ which I have rexjtr&stedlDrivile^s

REMARKS

Dearborn 00019

Case 1:05-cv-02791-LW

Document 116-24

Filed 02/04/2008

Page 10 of 12

DEPOSITION EXHIBIT 99

Case 15-cv-02791-LW

Document 116-24

Filed 02/04/2008

Page 11 of 12

Minmii
October 23, 1980

11311 SHAKER BOULEVARD / CLEVELAND, OHIO 44104 / (216) 368-7000

TO CONTACT THE WRITER, PLEASE CALL 368- T?1 S .

Edward A. Patrick, M.D., Ph.D. 810 Matson Place Queen's Towers Cincinnati, Ohio 1 * 5 2 0 * * Dear Dr. Patrick: This l e t t e r will set forth our understanding regarding your m-ono^ri g o s i t l o n j d j * ^ F a m i l y Practice Residency at SaLt Luke's H o s ^ t a l ! Reimbursement^!!! be $78,000 per year billed monthly since you will be a self-employed contractor. Your time commitment cannot be e n t i t y directed r Zf T T m , a t e " k h O U r V S e k V i t h 60% c l i n i c a l t l and tne remainder' for research, teaching and administration. Clinical activitv T>P?+ earnings to the ^irf^-ni- o p ^< ^ v ,+ oiiuicai activity permits increased e ne e J C t e n t o f 5 of net ! snl l J . . receipts including lab and x-ray which exceed 60* of your guarantee of $78,000. This understanding is renegotiate during the last 90 days of each year from the date of signing The E r e S e n t may be cancelled ^j either party with 90 days notice in S i t i n g . I fans" is

tS^^SX^JT"'
,m
+

* - -~ - *" n o WSl

JiOs^Iistomary^c^faculty to take four w e e k s of vacation annually a n d

n e e d e d t t t ? * ? * r ^ ^ ^ ^ e r s " H > a d d i t i o ^ S e Ts needed for presentation of papers or otherwise representing the hospital at

Y o um a yb e c o m e a'buyer of Saint Luke's Blue Cross/m^ ^ ^ i * Trills

C 3t

~ " * < * ^
t o

P -nth.

e a

m ] 1

, !7et10k f r w a r d

yQur eqtaaatogtlSJgticlpation in research activitv 'and ^ a S L S ^

txon^h-wIlI^ro^dTThe video S p l ^ ^ T ^ - C o n ^ I O T l ^
CUlUm a n d P r a C t l C e S S S . for Z receiving - C Ti institution federal grants. Saint

* * * ' ^ an approved ^

on call?"

V U 1

COraBlitted t o 0 n e n i

^ h t P e r *eek and one weekend per month

Patrick 00098

Case 1:05-cv-02791-LW

Document 116-24

Filed 02/04/2008

Page 12 of 12

Edward A. P a t r i c k , M.D. , Ph.D. October 2 3 , 1980 Page 2 -

n ^ t ^ ^ T ^ ^ e f t o r t u n a t e r e l a t i o n s h i p between t h e Chairman of t h e Department of Family P r a c t i c e a t C W R U and t h e D i r e c t o r of t h e Saint Tr,\Z* I n at^CWEU i n t h e department of your choice or at any o t h e r medical school in t h e What we a r e t r y i n g t o say, Ed, i s we a r e happy t o have you j o i n u s . Sincerely,

:JfC

cc-

Roaer Blank Mn Hoger Black, M.D.

Allen C. Nadler, M.D., D i r e c t o r Department of Family P r a c t i c e I j g l ^ T r a c T O e Residency Program

Patrick 00099

Case 1:05-cv-02791-LW

Document 116-25

Filed 02/04/2008

Page 1 of 12

DEPOSITION EXHIBIT 100

Case 1:05-cv-02791-LW

Document 116-25

Filed 02/04/2008

Page 2 of 12

R E S U M EO F ACTIVITIES ffi^WBrS^ W H A T you were doing during that period PLACE ACTIVITIES IK CHHOMtnfiirfli nonFp.
DATES HOSPITAL OR UNIVERSITY

'

I f

ALL T I M E U ^ " ^ S K I M , explain

LOCATION

POSITION & DEPARTMENT

CpJwu/cra^? ik^jt^ iJvfyiJtU.

fit

Uutjyiit

Oorrc^ 3?C4 svyJt (ju^t

Case 1:05-cv-02791-LW

Document 116-25

Filed 02/04/2008

Page 3 of 12

DEPOSITION EXHIBIT 102

se 1:05-cv-02791-LW

Document 116-25F Filed 02/04/2008

Page 4 of 12

101 DEE DRIVE CHARLESTON, WEST VIRGINIA 25311 (304) 558-2921 AmJEATJaaLFOBjERMAWENT LICFNSTIRP v . FLEX (Federation Licensing Examination) , State Board Examination of Commonwealth of Puerto Rico PLEASE TYPE OR PRINT CLEARLY Applicant's ,nu^

r,Q \<tS(V j > *v r ^

Apr

rn,1_MjJ

Nanonal Boards Canada through LMCC USMLE Exam

State:

OxO
mj-rL-,

(Street)

(City) _County:_ Home Phone: &g

0f

Business Phone: MTC) ^ u p q W ^ j ^ ^ ^ _ ~

a

Date of Birth:

~P]ace If female and married, list maiden name:

NT -'A

B^^ELo ^ , ^ ^

firovf, ,g ^

Name and Add r e s s of Medica, S c h o o ! : ^ ^ ^ Uag P n r n h i l l

Ty J a s ^ ^ - J ^ d i ^ ^ c l , - . , T V ,u3,.^

^
iq-7</

Date of Graduation: rypeofP^oe: Board Certified: g

M |

< No

Yes y

n ^ c (Day) .Board Specialty: ft ^ ^ Date Certified: )9Bfi Mai

3,

M^:. ,

(Year) ^

Social Security Number

^ g . ^ - p p ,

n 7

.Sex:

IDENTIFICATION^ Height: Weight:_ Color of Eyes:. Color of Hair: Tape photoj

i

IZSZ
M r& ^o"V\ 1=2 tlxkl H

within one photo was I boitom. Pri space.

S E N S E S tLHm^mnX

WILL EXPIRE ON 6/30 EVERY EVEN YEAI

S E N S E S MJ71ROUGHZ WILL EXPIRE ON 6/30 EVERY ODD YEAR

<'/>fag,jpj

West Virginia 0077

1 1

Case 1:05-cv-02791-LWyDocumentl116-25BnFiled 02/04/2008

Have you ever, in any jurisdiction, for any reasoni 1.

Page 5 of 12
YEfl

Paae 2 b
HO /

T A L S E OR rEAUBUI*EKT AHSWEKs TO THE rOLLOKUW OUESTIONS MAT EESDT.T IF LICENSORS DENIAL OS. RZVOCATIOH

been called before or appeared before any board or panel for discussion* or questions concerning violations of the law or rules pertaining to the practice of medicine, or for unethical conduct?. been charged vith or convicted of or pled nolo contendere to any felony or misdemeanor? been charged with or convicted of a violation of the Controlled Substance Act or any other federal, state or local law pertaining to the manufacture, distribution, prescribing, or dispensing of controlled substances? had limitations, restrictions or conditions placed upon your license to practice, or had your license to practice suspended, revoked or subjected to any kind of disciplinary action, including censure, reprimand or probation? voluntarily surrendered or limited your license to practice medicine? had any hospital privileges limited, restricted, suspended, revoked, or subjected to any kind of disciplinary action, including censure, reprimand or probation? voluntarily resigned from any medical staff or voluntarily limited such staff privileges while under investigation by any health care institution or committee thereof or prior to er.y final decision by e hospital cr health care facility's governing board? been denied the right to take an examination for llcensure in any etate or been ejected from any medical examination?

1. 3.

z
\ /
t

4.

5. 6. 7.

B.

9 . been denied a license to practice medicine? 10. 11. lost or had any restriction of your EEA registration? been convicted of Medicare or Hedicaid fraud, and/or received any sanctions, including restriction, suspension or removal from practice imposed by an agency of the federal or state government? *had any judgements or settlements arising from medical professional liability rendered or made against you, and if so, how many?

1/

12.

L/

Have you in the last five (5) years, in any jurisdiction! 13. *been addicted to, or received treatment for the uBe or misuse of, prescription drugs and/or illegal chemical substances, or been dependent upon alcohol or received treatment for alcohol dependency? , ***had any physical or mental condition or impairment that interrupted your practice of medicine and that might reasonably be expected to affect your ability to practice medicine safely and with competence at this tiroe7 "*had any physical or mental condition or Impairment that might reasonably be ex pected to affect your ability to practice medicine safely and with competence at this time, or received any treatment for any physical or mental condition or in^airment which condition or impairment might reasonably be expected to affect your ability to practice medicine safely and with competence at this time?

14.

15.

If you answered 'YES" to any of the above questions, you MUST furnish full details on an 8 1/3 x 11 sheet of paper which MOST he attached to this application. *If you answered -YES" to Question 12, you KDST furnish full details on an e 1/2 x. 11 sheet of paper which MUST be attached to this application. For each judgement or settlement you MOST furnish the names of the claimant and your Insurer, the amount end dste of the judgement or settlement, end specify vhether it is a im!qenit'-nt""or settlement. It is your responsibility to contact your insurance carrier if you are uncertain as to whether ny claim haB been settled. ' _ _ If you answered 'Yfe-S* to p-jestion 13 and have gone through a rehabilitation program, you MUST have that program furnish this Board a report of your treatment and progress. ***If you answered "YES* to Question 14 and/or IS. your treating physician MUST furnish to the West Virginia Board of Medicine a statement that your current state of health does not interfere with your ability to practice medicine safely and with competence. I have carefully read the questions in this application and have answered them completely, without reservations of any kind that my answers and all statements made herein are true and correct. I understand that any license issued from this application is bated an the truth of the statements contained herein, and that should I furnish any false information in this appliestlon, such act constitutes good cause for the denial or revocation of my license to practice medicine in the State of West Virgi-J

PHYSICIAN'S SIGNATUREi Revised 11/95

f^iO-

DATE, WA Q, / f %

West Virginia 0078

Page 2 **Case 1:05-cv-02791-LWERTDocum Page 6 of 12

YES NO FALSE OR FRKUDOLEHT ANSWERS TO THE FOLLOWING t 1 1 6 - 2 5 MAY Filed 0 2 / 0 4 / 2 0 0 8 DENIA1TOR REVOCATION!"* Save you ever, in any jurisdiction, for any reason: " 1. been called before or appeared before any board or panel for discussions or questions concerning violations of the law or rules pertaining to the practice of medicine, or for unethical conduct? 2. 3. been charged with or convicted of or pled nolo contendere to any felony or misdemeanor? been charged with or convicted of a violation of the Controlled Substance Act or any other federal, state or local law pertaining to the manufacture, distribution, prescribing, or dispensing of controlled substances? 1 had your license to practice limited, restricted, suspended, revoked, or subjected to any kind of disciplinary action, including censure, reprimand or probation? voluntarily surrendered or limited your license to practice medicine? had any hospital privileges limited, restricted, suspended, revoked, or subjected to any kind of disciplinary action, including censure, reprimand or probation? voluntarily resigned from any medical staff or voluntarily limited such staff privileges while under investigation by any health care institution or committee thereof or prior to any final decision by a hospital or health care facility's governing board? been denied the right to take an examination for licensure in any state or been ejected from any medical examination? been denied a license to practice medicine? lost or had any restriction of your DEA registration? been convicted of Medicare or Medicaid fraud, and/or received any sanctions, including restriction, suspension or removal from practice imposed by an agency of the federal or state government? *had any judgements or settlements arising from medical professional liability rendered or made against you, and if so, how many? been refused malpractice insurance, or had your malpractice insurance cancelled or rated at a higher premium due to past claims experience?.................. / ^ 7 ~ , ,

4. 5. G. 7.

8. 9. 10. 11.

12. "".3.

Have you in the last five (5) years, in any jurisdiction: 14. +*ben addicted to, or received treatment for the use or misuse of, prescription drugs and/or illegal chemical substances, or been dependent upon alcohol or received treatment for alcohol dependency? ***had any physical or mental injury, illness or disease that interrupted your practice of medicine, or had, or received any treatment for, any physical or mental injury, illness or disease, that might reasonably be expected to affect your ability to practice medicine safely and with competence?

15.

If yon answered "YES" to any of the above questions, you MUST furnish full details on an 8 1/2 x 11 sheet of paper which MUST be attached to this application. *If you answered "YES" to Question 12, you MUST furnish full details on an 8 1/2 x 11 sheet of paper which MUST be abtached to this application. for each judgement or settlement you MUST furnish the names of the claimant and your insurer, the amount and date of the judgement or settlement, ;nd specify whether it is a judgement or settlement. It is your responsibility to contact your insurance carrier if you are uncertain as to whether any claim has been settled. " I f you answered "YES- to puestion 14 and have gone through a rehabilitation program, you MUST have that program furnish this Board a report of your treatment and progress. " * I f you answered "YES" to Question 15, your treating physician MUST furnish to the West Virginia Board of Medicine a statement that your current state of health does not interfere with your ability to practice medicine safely and with competence. I have carefully read the questions in this application and have answered them completely, without reservations of any kind that my answers and all statements made herein are true and correct. I understand that any license issued from this application is based on the troth of the statements contained herein, and that should I furnish any false information in this application, such act constitutes good cause for the denial or revocation of my license to practice medicine in the State of West Virginia. f\

IVSICIAN'S SIGNATURE:
Mevised 6/94

/yf. \/L-<-^'X^\
>

L T N ^ ^ ^ ^ ^ ^ ^ A

^ y)

DATE: { ^ ^

v\U,

' ^H L~

West Virginia 0079

Case 1:05-cv-02791-LW

Document 116-25

Filed 02/04/2008

Page 7 of 12

Page 3

GOOD MORAL CHARACTER STATEMENT

State of County of

ul
A, & jtYcgup *ho appeared
before this Notary Public

/ Q U L v n ^ }btfik->

EdiQ qjoSj

(Name of Affiant) (See Instructions, Page iii:) personally, is a person known to this Notary Public to be a reputable practicing physician of good moral character and a respected citizen, being currently licensed in the State otStt/O and, on being sworn, he/she swears to have known well for <^JUt<$c4,Mrt-Al

EJb&M %H 1ZJ >6 iltlLS^. (Name of Applicant)

years and knows him/her to be a person of good moral character.

C-zl-Us&Ajy

CpLt^ybu/'

i.

Signature of Affiant Address of Affiant

i xi c r *? ^ Q I, y cALy

&T2J

Sworn to before me this My commission expires _

^ A d a yo f JLfc^M^
CAROL A. PARRY,

1 9"^

M y Commission Expires Nov. 11,1296 NOTARY SEAL

Return this form to: WEST VIRGINIA BOARD OF MEDICINE 101 DEE DRIVE CHARLESTON, WEST VIRGINIA 25311

West Virginia 0080

Case 1:05-cv-02791-LW

Document 116-25

Filed 02/04/2008

Page 8 of 12

Page 3 GOOD MORAL CHARACTER STATEMENT

State of
County of ft

OHIO
A WiLTOtJ

JOHN

J^1%lLLEa~
M.B., is currently licensed in the tC> and he/she swears to have known the ieH L years and knows

(Name of Affiant) (See Instructions, Page Hi:)

State o f

(yn

applicant

g</u3 4teP AffV<fl feWf (Name of applicant goes here)

(hin/'her to be a person of good moral character.

Signature^ Affiant

Address of Affiant

Sworn to before me this 3-SUL. My commission expires

day of

lAJJLMd^=i

wQLb

L. A. CUNNINGHAM
Noiary Public, State uJ 0!nn My Commission Expires Dec.5, 1998

NOTARY SEAL

<^4^

Q J / M *J Al.
Notary Public

Return this form to: WEST VIRGINIA BOARD OF MEDICINE 101 DEE DRIVE CHARLESTON, WEST VIRGINIA 25311 Revised 11/95

West Virginia 0081

Case 1:05-cv-02791-LW

Document 116-25

Filed 02/04/2008

Pagep9 of 12

FALSE O R FRAUDULENT ANSWERS TO THESE QUESTIONS KAY RESULT IN LICENSURE DENIAL O R REVOCATION LIST ALL LICENSES HELD IN OTHER STATES (whether a c t i v e , i n a c t i v e , or lapsed) Name of State Ohio
MO.

Certificate Year Number

3>5 oH oysr~>

Permanent or Temporary
p&< r^Qrc.v1^

L i c e n s u r e Based U p o n : FLEX NBME State Board USMLE

Acti ve Inactive Lapsed

^ / S Acf ;\re.

n i o a ~?i37

M
il

^niaViawia.

(If'you need more space, attach an 8% x 11 sheet of paper and continue) PLACES' OF RESIDENCE AND OCCUPATIONS SINCE GRADUATION FROM MEDICAL SCHOOL:

A. In Countries other than the United States:

NJ/A . _ _

B.

In the United States; XtJ

_^^.

>-i. aj e i n v

LIST ALL TRAINING PROGRAMS, INCLUDING POST-GRADUATE (Give day, month, year) Board (Vet m E. M. ( F A Ct-'ff) ikagflb Caa&hiLacd pradic<- gauig / /7 / /ryy

LIST ALL HOSPITALS IN WHICH YOU HAVE HAD PRIVILEGES WITHIN THE LAST FIVE (5) YEARS (Include-names and addresses) AV-r. S& oftorVA 2= S u m ^

LIST ALL STATE AND COUNTY KEDICAL SOCIETIES W H E R E Y O U ARE CURRENTLY PRACTICING,
WHETHER OR NOT YOU ARE A MEKBER

Sl

o^orYfd

r^SviNtf S

SIGNATURE O F APPLICANT: 8/94

jDate: A^cLLJJ ; M l ] West Virginia 0082

Case 1:05-cv-02791-LW

Document 116-25

Filed 02/04/2008

Page 10 of 12

Page 5(PL) AFFIDAVIT !' ,. ; ^n<00<Tl f]- HjXf'rh\ . being first duly sworn, depose and say that I am the person descnbed and identified; that 1 am of good moraJ character, that I have not engaged in any of the acts prohibited by the statutes of the State of West Virginia; that I am the person named in the diploma which accompanies this application; that I am the lawful holder of said dtploma; that sa!d diploma was procured in the regular course of instruction and examination without fraud or misrepresentation. I hereby request and authorize all hospitals, medical institutions or organizations, personal references physicians, employers (past and present), business and professional associates (past and present), and all governmental agencies and instrumentalities (local, state, federal, or foreign) to release to the West Virginia Board of Medicine any information, files, or records required by the Board regarding my clinical ability, education, training, professional ethics, character, physical and mental health, emotional stability, veracity, and any other factors which win or may reflect upon my competence, ethical integrity or physical or mental well-being, for its evaluation of my professional qualifications for hcensure in the State of West Virginia. I hereby release all such individuals and entities and their employees, agents and designees from any and all liability for the transmittal of any information or records beanng on my professional qualifications in connection with this request and authorization I have carefully read the questions included on each page of this application and have answered them completely, without reservations of any kind, and I declare that my answers and all statements made by me herein are true and correct. Should I furnish any false information in this application, I hereby agree and understand that such act shall constitute good cause for the denial, suspension, or revocation of my license to practice in the State of West Virginia. A photocopy of this Affidavit shall have the same force and effect as the original.

Applicant's Signature Subscribed and swom to before me this 7 day of HjGUl

19 9Q) . NOY S L

r2yrWfo Tthe State of for

Name OF State
Wom i &

My commission expires

Qprh 3(j ^

, 19 9Q

Return this form to: WEST VIRGINIA BOARD OF MEDICINE 101 DEE DRIVE CHARLESTON, WEST VIRGINIA 25311 Revised 1/10/94

' . . . .^'ftffC COee COUNTY, GEORGtA ^X^jHSStCN EXPIRES OCTO&ER 3ft tfiff BYCOMWSStON

West Virginia 0083

Case 1:05-cv-02791-LW

Document 116-25

Filed 02/04/2008

Page 11 of 12

APPLICATION CERTIFICATION

1 hereby certify that I have read the preceding four (4) pages explaining the medical licensure requirements for the State of West Virginia, and I understand what I have read and what I am required to produce for medical licensure in the State of West Virginia. 1 understand that if J am unable to meet all these requirements, including the production of all required documents and materials, I must be denied medical licensure in the State of West Virginia. I hereby certify that 1 am able to meet all these requirements for medical licensure in the State of West Virginia and that I will be able to produce all required documents and materials and that I will make no request of the Board for a waiver of any of the requirements, including the production of all required documents and materials. I understand that if 1 make any request for such a waiver, my request must and will be denied.

I also understand that if this application is not completed within six (6) months, I will be required to update the application fully.

Physician's Signature:;

Date:

/M<MO(.

s~;/?H

Sign and date this form and return to the Board attached at the front of page 1 of your application.

Revised 1/10/94

West Virginia 0084

Case 1:05-cv-02791-LW

Document 116-25

Filed 02/04/2008

Page 12 of 1 2 p . .

EPICAL EDUCATION CERTIFICATE OF DEAN, SECRETARY, O R REGISTRAR OF MEDICAL COLLEGE (Must be completed by a representative of the Medical School)

This i s to c e r t i f y that

Eduia c j

A-

' okr-icMi

-38^~7

(Name of Graduate) has s a t i s f a c t o r i l y completed years of medical education at the

-nd^na

U,

QA^A

Q~P \v\ex\\c

i n-t.

(Name of Medical College)

635 Barnhill Drive, Indianapolis, Indiana 46202

. 1 located at

(Address of Medical College) The aforesaid graduate received the degree of t h i s College on 8 31 ^ / qf/4 (Month; day', year) ^ ^

" '
from

Fred L. F i c k l & W d W Assistant Dean

SEAL OF COLLEGE (Title)

Return t h i s page t o : West Virginia Board of Medicine 101 Dee Drive Charleston, West Virginia 25311

West Virginia 0085

Case 1:05-cv-02791-LW

Document 116-26

Filed 02/04/2008

Page 1 of 5

DEPOSITION EXHIBIT 101

of 5 l
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KENTUCKY BOARD OF MEDICAL LICENSEE " f\^i- ' I ^ ^ S ^ ^ ^ FEfl 1 4 1997

//'

( lot.':

AppHc.bon for Llcens, to Practice ModlcinoTOjteopjthy bj Endd&Br&Jl'T.>*F^*" iM.tt.Qti.iini' * * n n k IIUI.J~~

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Case 1:05-cv-02791-LW

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Kentiickv 0051

Case 1:05-cv-02791-LW

Document 116-29

Filed 02/04/2008

Page 1 of 9

DEPOSITION EXHIBIT 103

* . .

Case 1:05-cv-02791-LW aDocument 116-29da Filed 02/04/2008

Page.2 of 9.

COMPLETION OF TBI8 AFFLICATIOH IS THE RESPONSIBILITY OF THE PHTSICIAH. "APPLICATION FOR HEGiSTEATIOH OF LICENSE TO PRACTICE MEDICINE AHD 6URGERT I S THE STATE OF WEST VHUJXHIA <For t h e P e r i o d Prom J u l y 1 , 1997, t o June 3 0 , 1999). ;tive Licence |200.CC_ LAST HAMS!

Inactive License 100.00 g y g C f A i /W Vf Q WEST VIRGiKia LICENSE HO. i / ^ A<f f DATE ISSDZDi W / / > / / / P r e f e r r e d H a i l i n g A d d r e s s i (Check o n l y one) B0MEi_ _ / JT^ PRINCIPAL OFFICE i_JU^l_

3f
' &
f

Reg. Ho., fi'h%SrSCABS DSE OKLT

You must l i s t e l l ' o t h e r s t a t e s o r Canadian P r o v i n c e s where you now h o l d o r h a v e jsver h e l d any t y p e - o f mn&iiml l i c e n j n r , w h e t h e r a c t i y e , i n a c t i v e , b r l a p s e d , ,&{,& j JT*J OlA-APAj ^LAJ%A,^A,j ^jj/lT^J- &$>6L/*

********************************************** ********************* ***********************************************

TOMB AS SHOWH OH TOPE WEST VIRGINIA WALL LICENSE! ( P l e a s e t y p e OT p r i n t ) * -

Last name (including'Jr., ig Jr., sr., Sr., II, II, etc.) etc.)

First Name

Kiddie ttuef

*************
3IETKDATE: RTBDATEl Month _
K

SEXi # 1. Kale. J. Female_

SOCIAL SECURITY NUMBER* (optional for Purposes of Identification)

Day Year

Pursuant to a state law enacted in 1991, the Board of Medicine has been directed by the West Virginia Department of Health and Human Resources to include several of the following questions on this application.PRINCIPAL OFFICE 3 or WORK LOCATION} LOCATION i En5)loyer ?yer (If networking as a Medical Medical Doctor, check here_ here Street Address . . . . 3. .-.' -

OTHER OFFICE or MORI LOCATION i Employi Sqployen: Street Address 7 ^r . ~ a

Citv OTHER OFFICE or WORK LOCATIOHl

Countvv (jZjJLvQ&f'

oTtfm

ZMZAC

hZfTJ
Street Address County State

^ lMhnn ,. -37.3 V?Q owfr

* Zip

Eamlover

City

In an average week, approximately how many hours do you" work in physician activities at each eaffjlcyaent location? Principal ajj ff2 Other v T n
******************

Other
********** ************************************

* * * # * * * * ****************************e**^^*t>^**

HOME ADDRESS: WbM lofhM, LCXHX^ Street Address T e l e p h o n e. _ ^ 0 i _ l r i l ? /

City

County

8tate^-~"

zip

PLEASE TORN TO NEXT PAGE

4NK Co, INC.

EXHIBIT West Virginia 0062

Case 1:05-cv-02791-LW

Document 116-29

Filed 02/04/2008

Page 3 of 9

RECEIVED .-

W V B D O F MBDICiNt..

West Virginia 0063

.*-- - . -*.

Case 1:05-cv-02791-LW

Document 116-29

Filed 02/04/2008 *. Page;4 of.9

ENTER THE CODE TEAT B E S T DESCRIBES TOUR FORM AND SETTING OF EKFLOYHEM. FROM.-THE LIST" JSSEOW.

Form of Employment Principal Otherother

********************************

Setting of Eiqp ioymant Principal Other other , '

F /j_/_y

wm-.i
*************************

****************.**********************'****4*

Form of Employment

Betting of Employment .; IERAL HEALTH FACILITIES I fiospital13 Nursing Horn . 13 Clinic, free -a tending Group health plan facility 14 Practitioner's, office 15 Other IS FEDERAL HEALTH FACILITIES4 21 Health facility o n military installation. 33 VA, Public Health, Indian Health a n d other Federal facilities KQJ 33 33 '' School or College of Medicine or Dentistry school or College of' Nursing University or College other than Medicine, .Dentistry or Nursing. 34 school or Treatment Center for the handicapped o r disabled " * 35 Elementary ox High" School 36 other schoolsj MISCFJ.IAKEODB BETTINGgi r >3k Patients' homes \ " * . " ' \iV Medical Research Institutes) ' . " Professional/allied health association 44 Administrative/Regulatory Health BUBTKBffB -ESTABLISHMENTS! 51 Manufacturing o r industrial . ' ' * . ' , ' " 53 Retail, wholesale o r other business establishment 71 Other type of 'jui-Ung ; - .

<W13

KHPLOYEPI ' _ " :

Solo or 0ingle owner business Partnership or group owned

EMPLOYER]

TEE OR MOINGOVEEnMENTAL

individual practitioner '23 Retail o r wholesale trade establishment 39 Partnership or group of practitioner* 24 Group.health plan facility. Other nongovernmental (i.e., hospital, 25 nursing h o m e , school, business) GOVERNMENTAL EMPLOYER* 31 . i o c a l Goverunent {not e c a t e or County, 33, County Government 33. - S t a t e - Government 34 F e d e r a l Government ( c i v i l i a n employee or p u b l i c health) 35 . . F e d e r a l Goverainent (Armed S e r v i c e s P e r s o n n e l only)' ; OTHER FORHS OF EHPLOYilENTi 41. Unpaid ( v o l u n t a r y ) worker 42 Other, s p e c i f y _

In an average week, approximately how many hours do you work in medicine or related activities?

<PP

Direct Patient Care Administration Formal teaching Research

Retail/WholesaleOther medical ectivitiee Total hours p e r week

List all West V i r g m i a hospitals where you currently have admitting privileges, (If additional space is needed, please.attach an..8. 1/3. Jt.U.sheet..of paper.).-

(If n o n e / check here

b). c).

ENTER THE CODE FOR TOUR PRIMARY AND BECONDART SPECIALTY FROM THE LIST ON THE BACX OF THIS PAGE. Primary S p e c i a l t y IhdjlAre you c u r r e n t l y Board c e r t i f i e d ? Name of C e r t i f y i n g Board_ Date of C e r t i f i c a t i o n V(nM'rnX--QJ\ J Secondary Specialty ys gyL Jo /f/'ffi3 Are you currently Board certified? Name of Certifying Board Date of Certification _Yes Jto

ARE YOD QUALIFIED TO FERFOEH ACUPUNCTURE?

Yes PLEASE TURN TO NEXT PAGE

West Virginia 0064

Case 1:05-cv-02791-LWio>iDocument 116-29LTvFiled02/04/2008 mPage 5'of 9

AS Abdominal Surgery HNS Head & Neck Surgery " .. ' ADM Addiction Medicine HEM Hematology (Internal Medicine) ADP AddictionPsychiatry .'; , "...> HMP Hematology (Pathology) AMI; Adolescent Medicine (Internal Medicine) HO Hematology/Oncology '-. Adotewent Medicine (Pediatrics) . HEP Hcpatology A Adult Reconstructive Orthopedics IG' Immunology A M .; ^Aerospace Medicine PIP Immunopathology Allergy;.. '; " '.- . .' ,....', ., : A" ID Infectious Disease '.'' Al Allergy & Immunology IM Internal Medicine '.'."' fiU Clinical Laboratory Immunology (Allergy & MPD Internal Medicine/Pediatrics Immunology) ' LM Legal Medicine PTH Anatomic/Clinical Pathology MFM Maternal & Fetal Medicine ' ATP,: Anatomic Pathology MXR Maxillofacia] Radiology AN Anesihesiology . MG Medical Genetics BBK Blood Banking/Transfusion Medicine MDM Medical Management ICE Clinical Cardiac Electrophysiology MM Medical Microbiology CTS Cardiothoracic Surgery ON Medical Oncology CD Cardiovascular Disease ETX Medical Toxicology (Emergency Medicine) PCH Chemical Pathology ' PDT Medical Toxicology (Pediatrics) CHP Criild and Adolescent Psychiatry PTX Medical Toxicology (Preventive Medicine) CHN Child Neurology OMO Musculoskelctal Oncology CBG Clinical Biochemical Genetijs NPM NeonataJ-Peiinatal Medicine CCG Clinical Cytogcnctics NEP Nephrology CG Clinical Genetics N Neurology DDL Clinical and Laboratory Dermalological Immunology NRN Neurology/Diagnostic Radiology/Neuroradiology Clinical and Laboratory Immunology ( Internal Medicine) NS Neurological Surgery PLI Clinical and Laboratory Immunology {Pediatrics) NP Neuropalhology CMG Clinical Molecular Genetics RNR Neuroradiology CN Clinical Neurophysiology ' NM Nuclear Medicine C U V Clinical Pathology NR Nuclear Radiology . PA Clinical Pharmacology NTR Nutrition CRS Colon & Rectal Surgery OBS Obstetrics CCA Critical Care Medicine (Anesihesiology) OBG Obstetrics & Gynecology CCM Critical Care Medicine (Internal Medicine) OM Occupational Medicine NCC Critical Care Medicine (Neurological Surgery) OPH Ophthalmology OCC Critical Care Medicine (Obstetrics & Gynecology) ORS Orthopedic Surgery PCP Cytopathclogy OSS Orthopedic Surgery of the Spine Dermatology. OTR Orthopedic Trauma PMP Dermatopath o Jo gy OFA Fool and AnkJe, Orthopedics Dermatologic Surgery OMM Osieopaihic Manipulative Medcine Diabetes OTO Oto laryngology DR Diagnostic Radiology OT Olology/Neurolology EM Emergency Medicine APM Pain Management (Anesihesiology) END Endocrinology, Diabetes and Metabolism PMD Pain Medicine EP Epidemiology PLM Palliative Medicine . . FPS . Facial Plastic Surgery PDA Pediatric Allergy FP Family Practice PDC Pediatric Cardiology FOP Forensic Pathology CCP Pediatric Critical Care Medicine PFP Forensic Psychiatry ,. PE Pediatric Emergency Medicine (Emergency Medicine) GC Gastrocntcrology PEM Pediatric Emergency Medicine (Pediatricsj GP General Practice PDE Pediatric Endocrinology : " ' * " ' ' GPM General Preventive Medicine PC Pediatric GasUoenicrology GS General Surgery 1'HO Pediatric Hdnalology/Onco'iogy FPG Geriatric Medicine (Family Practice) PDI Pediatric Infectious Disease IMG Geriatric Medicine (Internal Medicine) PN Pediatric Nephrology PYG Geriatric Psychiatry PO Pediatric Ophthalmology GYN Gynecology OP Pediatric Orthopedics GO Gynecological Oncology PDO Pediatric Otolaryngology Hand Surgery HS PP Pediatric Pathology Pediatric Putmonolbgy _"...: Pediatric Radiology . : Pediatric Rheumatology Pediatric Surgery (Neurology) Pediatri? Surgery (Surgery) ' " . Pediatric Urology . Pediatrics:' . Physical Medicine & Rehabilitation Plasiic Surgery. Proctology . Psychiatry PYA Psychoanalysis MPH Public Health and General Preventive Medicir PCC Pulmonary Critical Care Medicine PUD Pulmonary Disease -" ' RQ Radiation Oncology ' RP Radiological Physics ; R Radiology'. RIP Radioisotopic Pathology .' . REN Reproductive Endocrinology R.HU Rheumatology SP Selective Pathology'. SM Steep Medicine. ' '. ,' SCI Spinal Cord Injury ESM Sports Medicine (Emergency Medicine) FSM Sports Medicine (Family Practice) ISM Sports Medicine (Internal Medicine) r OSM Sports Medicine (Orthopedic Surgery)" PSM Sports Medicine (Pediatrics) .'.' CCS Surgical Critical Care (Surgery) SO Surgical Oncology TRS Trauma Surgery . TTS Transplant Surgery ' UM Underseas Medicine U Urology ": VTR Vascular, and Interventions) Radiology VS' Vascular Surgery PDP PDR PPR NSp. PDS OT PD PM PS PRO P

iu

Irs addition to the above, the following specialtydesignations arc also used: OS Other (i.e., a specialty other Uian those appearing above) Unspecified

IIS

Mail a p p l i c a t i o n and fee t o :

WEST VIRGINIA BOARD OF MEDICINE 101 Dee Drive Charleston, W V 25311 3N!0i03H JO 08 AM

S M ! Hd n - NHf L6
c

Q3A!d33H
West Virginia 0065

,' *." :<<<r<

Case 1:05-cv-02791-LW TDocument 116-29

Filed 02/04/2008 EPage 6 of 9 -.ncai

YES

During th lasttwo-.yeax registration period (July.1,1995, to JUr* 30, 1997) have you, la any, jurisdiction, for any reaeoni ;.*..-- . 1. been called befere or appeared before any board or panel for dlBcuBBiani ox questions concerning violations of tie lav or rules pertaining to toe practice of medicine, or for wethlr-al conduct?.. ................................................;'.....*.,.,>

NO

. 2.. been charged with.or convicted of or pled nolo contendereto anyfelony or ' Jaieoenieanorr ..*.......*.............. * *. .t........... fr*,*'**.......-,. ****,
- * . * - ' * . * . , . . ... * .. .. , - '

been charged with or convicted of a violation of the controlled Substance Act or any other federal,, state or local law pertaining to the manufacture, distribution, . ' , , : . prescribing, or dispensing of controlled substances*...... . it................. ,. .^i,. 1T '.'4V had limitations, restrictions or conditions placed epos your license to practice, or . " . " . . - had your license to practice suspended, revoked or subjected to any 3clnd of disciplinary action, including censure, reprimand: or .probation?...............-........ 5 . . . voluntarily surrendered, or limited your license to practice medicine?. ............ ,_.. . 6. had any hospital privileges limited, restricted, suspended, revoked, or subjected to .any. kind of disciplinary action, including censure, reprimand or probation?........... 7. voluntarily resigned from any medical staff or voluntarily limited such Staff '- privileges.while under investication by any health care institution or committee. . thereof or...prior to any fisal Qecisiari ny a ho spit 1 or health iarsi"facility's governing., board? .;..v. .,-..,.. .... *^* ..... * *i-:.'... *\ *.'..... . * . .*'-,_

3.

' S. been denied the right to take en examination for licensure in any state or been . ' ejected from any medical examination?...................... ...'.....-.......v............ 9. . 10. 11. been denied a license to practice medicine?... .....".......;....,.,... ..\.,,..v.......... . lost or had any restriction of your DEA registration?.... .,.........

been convicted of Medicare or Medicaid fraud, and/or received any sanctions, Including restriction, suspension or removal from practice imposed by an agency of the federal,.or state government?. .:. .....

12. *bad any judgements, or settlements arising from medical professional liability. ' ' . rendered or made against you, and if so/ how many?_^J____.........:. **been addicted to, or received treatment for the use or misuae: of , prescription drugs .and/or Illegal chemical substances, or been dependent upon alcohol or received " . ' * ' ; treatment for alcohol dependency? ......... ......7....... 13. .4. ***bad any physical or mental condition or impairment that Interrupted your practice of medicine and that might reasonably be expected to affect your ability to practice medicine safely and with competence at this time?......,.... mm ***had any.physical or mental condition or impairment that might reasonably be ' expected to affect your ability to practice medicine safely and with competence at this time, or.received any treatment for any physical or mental condition or . iimpairment which condition or impairment might reasonably be expected to affect your ability to practice medicine safely and with competence at thiB time?....

15. .

'****.#*'*** * ! * * . * * * # * > ' * * * * * * * * * * * * * * * * * # * * * * # * % * * * * * * * * i

*************

* * * * * * * * * * * * * * * * * * * * * + * * # * * * * * * > # * * * * * * * * * *

If yon answered 'TEa- to any of the above questions, you MUST furnish full details on an 8 1/2 x 11 sheet of paper . ' . which. MUST be attached to thiB application, ! ! "* oi paper If you answered -TE8- to ejection 12, you KVWT .furnish full details on an a 1/2 x 11 sheet of paper which MOST be attached to this application. For eech judgement or settlement you MUST furnish the names of the claimant and' your insurer, the amount and date of the judgement or tetUement, and epecify whether it is a judoement-Qr"7 settlement.It is your responsiblety to contcct your insurance carrier if you ere uncertain as to whp.Hmr ' any claim has been settled. ' ~ ! ; j : " I f you answered YES" to Ouertion 13 and have gone through a rehabilitation program, you MOST have that Drooran furnish this Board a report of.your treatment and progress. * > . " 7 "If you answered T E B - to Question 14 end/or 15, your treating physician MDST furnish to the West Virginia Board of .Medicine a statement BETORE Monday, June 30,- 19S7, at 4.30 p.m., that your current state of health does not interfere with your ability to practice medicine safely and with competence. I have carefully read the Questions in this application and have answered them completely, without reservations of any kind that my answers and all statements made herein are true and correct. I understand that any license issued from this application is based on the truth of the etatements contained herein, and that should I f a m i s h any false information in this application, such act constitutes good cause for the denial or revocation of my license to practice medicine in the State of Kest Virginia. PHYSICIAN'S ORIGINAL SIGNATUREi

DATE i

/r?o

**A T T E N T I O N**

YOU MUST COMPLETE THE CERTIFICATION ON THE NEXT PAGE. YOU HAVE NOT FINISHED COMPLETING THIS APPLICATION
PLEASE TURN TO NEXT PAGE

West Virginia 0066

Case 1:05-cv-02791-LW

Document 116-29

Filed 02/04/2008

Page 7 of 9

RECEIVED
1

97JUN-1* PH M 15
W V BD OF -MEQICIKb

i .- c - , . . ;

: '..:'

'V

M'

"

: '

'. -WestVirginia 0067

 ' * jiiCase

1:05-cv-0 2 791-LW

Document 116-29

Filed 02/04/2008EE Page 8 of 9 c* ,TrOK

'"' K*'-',

V - . . CONTINUING MEDICAL EDUCATION REQUIREMENTS: ': :fV-'' -, .-.'-'.V.. -'; CERTIFICATION OF COMPLIANCE ' - - . . . " .

,'*-.:

I h e r e b y c e r t i f y t h a t d u r i n g the p r e c e d i n g two-year p e r i o d , J u l y 1 , 1SSS, t o June 3 0 , 1 9 9 7 , I have s u c c e s s f u l l y c o m p l e t e d a minimum o f f i f t y (50) hours o f c o n t i n u i n g medical e d u c a t i o n s a t i s f a c t o r y t o t h e Board, a s d e s c r i b e d i n I I CBR < 2 . 2 . * . I u n d e r s t a n d t h a t any l i c e n s e I s s u e d from t h i s a p p l i c a t i o n i a based an t h e t r u t h o f t h i s s t a t e m e n t and t h a t s h o u l d 1 f u r n i s h any f a l e e i n f o r m a t i o n i n t h i s a p p l i c a t i o n , such a c t c o n s t i t u t e s good c a u s e f o r t h e d e n i a l o r r e v o c a t i o n o f my l i c e n s e t o . p r a c t i c e m e d i c i n e i n t h e S t a t e o f West V i r g i n i a .

PHYBICIAN'V ORIGINAL BIGNATUBBi

C^M^SV^M>(_/\^X^^d^

"

D A T E l ^f/%Cf /

0\*tsf}J*7

I M P O R T A N T

NOT

I C E

DO NOT SEND CERTIFICATES WITH THIS APPLICATION.

You may b e a u d i t e d ! A sample number of p h y s i c i a n s w i l l be a u d i t e d f o r the p u r p o s e o f document i n n . c o n t i n u i n g m e d i c a l e d u c a t i o n h o u r s , i f a u d i t e d , you w i l l b e r e q u i r e d - t o p r o v i d e p r o o f by s u b m t t t l n a w r i t t e n c o n f i r m a t i o n of your completion of r e q u i r e d c o n t i n u i n g m e d i c a l e d u c a t i o n , Tr^,

*11 CSR 6 2 . 2 s t a t e s t m

- '

order to acquire continuing medical education satisfactory to the Board, a physician mayi . ' A. , B. Take continuing medical education designated as Category I by the amerlcan medical association or the academy of family physiciana, or Teach medical education courses or lecture to medical students, residents or licensed physicians, or serve as a preceptor to medical studentB or residents! Provided, that a physician may not count more than twenty hours in this category toward,the required fifty hours of continuing medical education.

, ' ,

Bit for 'and pass a certification or recertification examination of one of the amerlcan board of medical specialties member boards, and receive certification or .. ' . : recertification from said boardi Provided, that a physician may not count more than 'twenty five hours in this category toward the required fifty hours of continuing medical education. Certification or recertification from any board other than one of the amerlcan board of medical specialties member boards does cot qualify the: ... recipient for any credit hours of continuing medical education. There are no other types or categories of continuing medical education satisfactory to the Board.

C.

**A T T E N T I O N* K E E P A COPY OF THIS ENTIRE FOUR-PAGE APPLICATION FORM. REMEMBER. REGARDLESS OF THE DATE OF YOUR SIGNATURES, ALL STATEMENTS LN THIS APPLICATION RELATE TO THE ENTIRE PERIOD JULY 1, 1995, TO JUNE 30, 1997. IF, AFTER YOU SIGN AND DATE THIS FOUR-PAGE APPLICATION FORM ON PAGES THREE (3) AND FOUR (4), AND PRIOR TO JULY 1, 1S97 ANY ANSKER SHOULD CHANGE FOR ANY REASON, YOU HAVE A DUTY TO NOTIFY THE BOARD AND AMEND YOUR FORM. w

West Virginia 0068

Case 1-:05-cv-02791-LW

Document 116-29

Filed 02/04/2008

Page 9 of 9

Mail application and fee to: WEST VIRGINIA BOARD OF MEDICINE 101 Dee Drive C h a r l e s t o n ; WV 253X1

^Mioidaw io oe AM

SI M m *}-mi.&
Q3A!d.33d
West Virginia 0069

Case 1:05-cv-02791-LW

Document 116-30

Filed 02/04/2008

Page 1 of 12

DEPOSITION EXHIBIT 104

Case 1:05-cv-02791-LW

Document 116-30>> Filed 02/04/2008

Page 2 of 12

DO N O T DELEGATE C O M P L E T I O N O F T H I S A P P L I C A T I O N . C O M P L E T I O N OF T H I S A P P L I C A T I O N IS T H E RESPONSIBILITY O F T H E P H Y S I C I A N .

RR RE EG GIIS ST TR RA AT TI IO ON N O OF F LICENSE LI A P P L I C A T I O N FOR T O PRACTICE M E D I C I N E A N D SURGERY I N T H E S T A T E O F W E S T V I R G I N I A

Active License

$200.00_

j7 *
,jmi
tAkkmtfy

'For the Period From July 1, 1999, t o June 30, 2001) Last N a m e :

Inactive License $100.00 W E S T V I R G I N I A LICENSE N O

ZT
a ^ o **=[
B O A R D USE O N L Y

D A T E ISSUED: HOME: PRINCIPAL OFFICE: i / /

Reg. NO.

Preferred Mailing Address: ( C h e c k only one)

Y oU u must list all other statesjor hold or have ever held any type of medical license. TO mustnst states jpr Canadian Provinces where you now nowhold

apse* : M Y W

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J f a M

CVLA^J

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whether active. Inactive, or

t i n i ii i i i i i i i m i t m t M i m i u M K i i i i N A M E A S S H O W N O N Y O U R W E S T VIRGINIA W A i I I i c F w y (Please type or print)

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in*.t*nmm*

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Last n a m e (including Jr., Sr., I I , e t c ) BIRTHDATE:

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First N a m e Middl le N a m e

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M o n t h Day Year .

2. Female

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a m

g u o u a n t t P a State law enacted in 1991. thf Board of Medicine ha* U n Erected by r h - w w Virpnin P i - p a r e n t f M and H u m a n Resources to include w v r r a l of the following questions on this appBcatiflM. ) Te,e
D

P R I N C I P A L O F F I C E or W O R K L O C A T I O N : (If n d working as a Medical Doctor, check here kO^JlLPffam Employer -31 dUg Street Address P,^

/&T&U&

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S M j - f y

C'l'tieCHndTi'
City O T H E R O F F I C E or W O R K L O C A T I O N : County

f7u*A

Zip

xrisT

Telephones^ Employer 7 C A \J Streett A dd Address

City O T H E R O F F I C E or W O R K L O C A T I O N :

County

State

Zip

Employer

_Telephone:
Street Address

City
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County

State
M W H I I t l H I M II H I H I m i

Zip
imnmHT*

In an average week, approximately how many hours do you work in physician activities a t each employment location? Principal _ _ ^ _ Other o t ' O Other
m ii,

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HOME ADDRESS:

/{ 3 X JL

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Street Address

T e l e p h o n e : ZOQ

W%_

97V

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Cit

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County
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sate State

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PLEASE T U R N T O N E X T PAGE

West Virginia 0048

Case 1:05-cv-02791-LW

Document 116-30

Filed 02/04/2008

Page 3 of 12

RECEIVED
99JUN2U PHlh 13
WV BD OF MEDICfNh

West Virginia 0049

ENTER THE C a s e 1 : 0 5 - c v - 0 2 7 9 1 - L W ^
. F o r m of Employment Principal / / / / jj' / Setting of Employment Principal

of 12

Other
Other Form of E m p l o y m e n t

IT-IHI.
/_ /

Other
Other
MMMMHI IIIIHIUM

Setting of Employment NONFEDERAL H E A L T H FACILITIES; II Hospital 12 Nursing H o m e 13 Clinic, free-standing 14 Group health plan facility Practitioner's office 15 Other 16 FEDERAL H E A L T H FACILITIES: Health facility on military installation VA, Public Health, Indian Health and other Federal facilities SCHOOL; 31 School or College of Medicine or Dentistry 32 School or College of Nursing 33 University or College other than Medicine, Dentistry or Nursing 34 School or Treatment Center for the handicapped or disabled 35 Elementary or High School 36 Other schools ,( MISCELLANEOUS S E T T I N G * 41 Patients' homes 42 Medical Research Institutes 43 Professional/allied health association 44 Administrative/Regulatory Health BUSINESS ESTABLISHMENTS: 51 Manufacturing or industrial 52 Retail, wholesale or other business establishment 21 22

EMPLOYED: Solo or single owner business 2 Partnership o r group owned E M P L O Y E E OR N O N G O V E R N M E N T A I FMPI OYFR21 Individual practitioner 22 Retailor wholesale trade establishment 23 Partnership o r group of practitioners 24 Group health plan facility 25 Other nongovernmental (i.e., hospital, nursing h o m e , school business) F N T A L EMPLOYER: 3! Local G o v e r n m e n t (not State or County) 32 County Government 33 State G o v e r n m e n t 34 Federal Government (civilian employee or public health) 35 Federal Government ( A r m e d Services Personnel only) O T H F R FORMS O F E M P L O Y M E N T ' A 41 Unpaid (voluntary) worker worker Other, specify A/^-J^-cA /qUKJL^A 42

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71
* * * * * * * * * * * * * * * * n i t m m - n t t I I I I I I I >*******

Other type of setting

^ ^

In an average week, approximately how many hours do you work in medicine or related activities?

&o

Direct Patient Care Administration

' *""

axy

Formal Teaching Research

Retail/Wholesale O t h e r Medical Activities _ T O T A L HOURS PER W E E K

********>*

**********************

List all W e s t Virginia hospitals where you currently have admitting privileges. (If none, check here (If additional space is needed, please attach an S 1/2 x I I sheet of paper.)

*****************************

* . * * . * ***t*,*****--f*^-

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****! | H I *******

ENTER T H E C O D E FOR Y O U R PRIMARY A N D S E C O N D A R Y SPECIALTY FROM T H E LIST O N T H E B A C K O F T H I S PAGE.

Primary Specialty

tA\

i No \^A Of
4 l u

Secondary Specialty

I Yes

Are you currently Board certified? Name of Certifying Board Date of Certification n ^ g f i ' C

Are you currently Board certified? - / ' ? * ^ * j * N a m e of Certifying Board Da ate of Certification

No

1$X

****
tll>MIIHIIIIHHtllMM>MIMMItHII

ARE Y O U Q U A L I F I E D T O PERFORM A C U P U N C T U R E ?
* * * * * * M * M *<* ***

PLEASE T U R N T O N E X T PAGE

West Virginia 0050

Case 1:05-cv-0279.1-LW

Document 116-30

Filed 02/04/2008 ' Page 5 of 12

CODES FOR SELF-DESIGNATION OF PRACTICE SPECIALTIES BY SPECIALTY/AREAS OEPRACTKfc Abdominal Radiology HNS Head &. Neck Surgery Abdominal Surgery HEM Hematclogy (Internal Medicine) Addiction Medicine HMP Hematology (Pathology) Addiction Psychiatry HO Hcmatology/Oncology Adolescent Medicine (Internal Medicine) HEP Hepatology Adolescent Mediate (Pediatrics) IG Immunology Adult Reconstructive Orthopedics PI? Immunopatbology Aerospace Medicine ID Infectious Disease Allergy IM Internal Medicine Allergy & Immunology MPD Internal Medicine/Pediatrics Clinical Laboratory Immunology (Allergy & IC Interventkmai Cardiology Immunology) LM Legal Medicine PTH Anatomic/Clinical Pathology MFM Maiemai & Fetal Medicine ATP Anatomic Pathology MXR Maxillolacial Radiology AN Anesthesiology MG Medical Genetic* BBK Blood BankingiTraittfiiaon Medicine MDM Medical Management ICE Clinical Cardiac Elcctrophysiology MM Medical Microbiology CTS Cardiotboracic Surgery ON Medical Oncology CD Cardiovascular Disease ETX Medical Toxicology (Emergency Medicine) PCH Chemical Pathology PDT Medical Toxicology (Pediatrics) CHP Child and Adolescent Psychiatry PTX Medical Tcjc'cology (Preventive Medicine) Child Neurology CHN OMO Musculoakcletal Oncology CBG Clinical Biochemical Genetics NPM Neonatal-Perinatal Medicine CCG Clinical Cytogeoetics NEP Nephrology CO Clinical Genetic* N Neurology DDL Clinical and Laboratory Derroaloiogical Immunology NRN Neurology/DUgnosn'cRadioIogy/Neuroradiology DJ ; ' Clinical and Laboratory Immunology (Internal Medicine) NS Neurological Surgery PLI"' Clinical and Laboratory Immunology (Pediatrics) NP Neuropathclogy CMG Clinical Molecular Genetics RNR Neuroradiology CN Clinical Neuropbysiology NM Nuclear Medicine CLP ClinicaJ Pathology NR Nuclear Radiology PA Clinical Pharmacology NTR Nutritioa CRS Colon & Rectal Surgery OBS Obstetrics CFS Craniofacial Surgery OBG Obstetrics & Gynecology CCA Critical Care Medicine (Anesthesiology) OM Occupational Medicine CCM Critical Care Medicine (Internal Medicine) OFH Ophthalmology N CC Critical Care Medicine (Neurological Surgery) ORS Orthopedic Surgery ' Critical Care Medicine (Obstetrics & Gynecology) OSS Orthopedic Surgery of the Spine Cytopatbology OTR Orthopedic Trauma D Dermatology OFA Foot and Ankle, Orthopedics DMP Dermatopatbology OMM Osteopathic Manipulative Medcine DS DennatoJogjc Surgery OTO Otolaryngology DIA Diabetes OT Otclogy/Neurotology DR Diagnostic Radiology APM Pain Management (Anesthesiology) EM Emergency Medicine PMD Pain Medicine END Endocrinology, Diabetes and Metabolism PLM Palliative Medicine EP Epidemiology PDA Pediatric Allergy FPS Facial Plastic Surgery PAN Pediatric Anesthesiology (Pediatrics) FP Family Practice PDC Pediatric Cardiology FOP Forensic Pathology PCS Pediatric Cardiotborie Surgery PFP Forensic Psychiatry CCP Pediatric Critical Cart Medicine GE Gastroentcrology PE Pediatric Emergency Medicine (Emergency GP General Practice Medicine) GPM General Preventive Medicine PEM Pediatric Emergency Medicine (Pediatrics) GS General Surgery PDE Pedaairic Endocrinology FPG Geriatric Medicine (Family Practice) PG Pediairic Gastroenlerology IMG Geriatric Medicine (Internal Medicine) PHO Pediatric Hemalology/Oncology PYG Geriatric Psychiatry PDI Pediatric Infectious Duease GYN Gynecology PN Pediatric Nephrc logy GO Gynecological Oncology PO Pediatric Ophthalmology HS Hand Surgery OP Pedialric Orthopedics PDO Pediatric Otolaryngology PP Pediatric Pathology AR AS M > AMI ADL OAR AM A AI AU..

PDI> PDR PPR NSJP PDS UP PD PHW PM PS PRO P PYA MPH . PUD RO RP R RIP REN RHU SP SM SCI ESM FSM ISM OSM PSM PMM

Pedialric Pulmonology Pediatric Radiology Pediatric Rheumatology Pediatric Surgery (Neurology) Pediatric Surgery (Surgery) Pediatric Urology Pediatrics Phannaceutjcal Medicine Physical Medicine &. Rehabilitation Plastic Surgery Proctology Psychiatry Psychoanaiysii

P>*fcHealm and General Preventive Medici Pulmonary Critical Care Medicine Pulmonary Disease Radiation Oncology ' Radiological Physics Radiology Radioisotopic Pathology Reproductive Endocrinology Rheumatology Selective Pathology Sleep Medicine Spinal Cord Injury Sports Medicine (Emergency Medicine) Sports Medicine (Family Practice) Sports Medicine (Internal Medicine) Sports Medicine (Orthopedic Surgery) Sports Medicine (Pediatrics) Sports Medicine (Physical Medicine & Rehabilitation) CCS Surgical Critical Care (Surgery) SO Surgical Oncology TRS Trauma Surgery TTS Transplant Surgery UM Uodcrscas Medicine Urology U VIR Vascular and Interventiooal Radiology VM Vascular Medicine vs Vascular Surgery In addition to the above, the following specialty designations axe also used; OS US Other(ie, a specialty other than those appearing above) Unspecified

Mail application and fee to: 3H13103VI JO 0 9 AM WEST VIRGINIA BOARD OF MEDICINE 101 Dee Drive G3AM33-y Charleston, WV 25311

West Virginia 0051

Case 1:05-cv-02791-LWRinDocument
During the last two-year registration period ( M / I, 1997, to June 30, 1999) have you, in any iuri.rflrtinn, for flny been called before or appeared before any board or panel for discussions or questions concerning violations of the law o r rules pertaining to the practice of medicine, or for unethical <-nnH..r7 2. 3. been charged w i t h or convicted of or pled noio c o n t e n d e r to any felony or misdemeanor? been charged with or convicted of a violation of the Controlled Substance A c t or any other federal, stole or local law pertaining to t h e manufacture, distribution, prescribing, or dispensing of controlled substances? had limitations, restrictions or conditions placed upon your license to practice, or had your license to practice suspended, revoked or subjected to any kind of disciplinary action, including censure, reprimand or probation? 5. . voluntarily surrendered or limited your license to practice medicine?, had any hospital privileges limited, restricted, suspended, revoked, or subjected to any kind of disciplinary action including censure, reprimand or probation? voluntarily resigned f r o m any medical staff or voluntarily limited such staff privileges while under investiRation bv any health care institution or committee thereof or prior to any final decision by a hospital or health care facility's governing board?.. been denied the right to take an examination for licensure in any state or been ejected from any medical examination?been denied a license to practice medicine? . . . lost or had any restriction of your DEA registration?., been convicted of Medicare or Medicaid fraud, and/or received any sanctions, including restriction, suspension or removal f r o m practice imposed by an agency of the federal or state government?-. had any judgements or settlements arising from medical professional liability rendered or made against you and if so, how many? . * " b e e n addicted t o , or received treatment for the use or misuse of, prescription drugs and/or illegal chemical substances, or been dependent upon alcohol or received treatment for alcohol dependency? .

6 of 12

F A L S E O R F R A U D U L E N T A N S W E R S T O T H E F O L L O W I N G Q U E S T I O N S M A Y RESULT I N LICENSURE D E N I A L OR R E V O C A T I O N
m

YES

7.

8.

9. 10.

II,
.2.

14.

***had any physical or mental condition or impairment that interrupted your practice of medicine and that mirfrt reasonably be expected to affect your ability to practice medicine safely and with competence at this time? ! _ ***had any physical or mental condition or impairment that might reasonably be expected to affect your ability to pract.ee medicine safely and with competence at this time, or received any treatment for any physical o r mental condition or impairment which condition or impairment might reasonably be expected to affect your ability t o practice medicine safely and with competence at this time?.
tr***** ************ *****<tn **M*M

15.

If YOU Umt^^CLa^ili^J^SJif^^.

you MUST furnish full details on an 8 1/2 x I I sheet of paper which MUST be attached to this application. ^ S S

.,

a ^ m t ^ M ^ M the n a m e ^ f j h ^ b i m a m and yor i n w r r . the mam andteeof rh> j n ^ m ^ n t n r ^ J L ^ t ^ S c J ^ ^ c o r ^ t d ^ n t ft. b your aSmmVJSLamaa^mcJitwoa^^ if YOU arP u n r e a l . m w h w ^ZZZ,ZP,7J!JS y
I0 Q U i K a U 3

""'

h3e

* ^

rehabilitation program, you MUST ^ Z ^ ^ ^ Z Z h Z Z Z H Z ^ ^ r

treatment

~ f f y Q U a n a a o r i - Y F r vMvstoaJ^m^ your seating pbysldan MUST furnish to the W e * Virginia Board of Medicine a statement BEFORE Wednesday June 30. 1999, at 1:30 p.m.. that your current state of health does not interfere with your ability to practice medicine safely and with competence
' " " " I l i ii m n n

Hhave carefully read the questions ,n 4m appl.cat.on and have answered t h e m compietely, without reservations of any kind that m v answers and all ^ n t o T n e d * 2 l I " 7 , h YVZ i T ' T * J , U n d t , r S t a n d * * ^ " " * * * * * W ^ o * is based on the truth o f the statement, contoined here.n, and that should I furnish any false Information in this application, such act constitutes good ca.se for the denial or revocation of my license to practice medicine in the State of West Virginia.

PHYSICIAN'S ORIGINAL SIGNATURE

DAT

<&

L*<-L> & A,

/n?

r io

N*

YOU HAVE NOT FINISHED COMPLETING THIS APPLICATION. PLEASE TURN TO NEXT PAGE

West Virginia 0052

Case 1:05-cv-02791-LW

Document 116-30

Filed 02/04/2008

Page 7 of 12

RECEIVED 99JUN24 With 12

WV BO OF MEDtCiHH

<

West Virginia 0053

Case 1:05-cv-02791-LW

Document 116-30

Filed 02/04/2008

Page 8 of 12

ANSWERS T O T H E F O L L O W I N G QUESTIONS N O W ARE REQUIRED UNDER T H E P R O V I S I O N S OF W E S T / I R G I N I A C O D E 48A-5A-S(c), W H I C H STATES T H A T N O LICENSE MAY BE GRANTED T O A N Y PERSONMF T H E ANSWERS T O Q U E S T I O N S T W O (2) AND/OR THREE (3) ARE "YES." FURTHER, M A K I N G A FALSF S T A T E M E N T MAY SUBJECT A LICENSE HOLDER T O DISCIPLINARY-ACTION, I N C L U D I N G BUT N O T LIMITED T O , IMMEDIATE R E V O C A T I O N OR SUSPENSION OF THE LICENSE LIMITED

I certify, under penalty of false swearing, that: YES 1. I have a child support obligation NO. tyr

2.

I have a child support obligation and any arrearage amount equals or exceeds the amount of child support payable for six (6) months

3.

I am the subject of a child support related subpoena or warrant..

PHYSICIAN'S ORIGINAL SIGNATURE:

DATE:

^t***^.

ATTENTION** Y O U MUST COMPLETE T H E CERTIFICATION O N THE N E X T PAGE. Y O U HAVE N O T FINISHED COMPLETING THIS A P P L I C A T I O N . PLEASE T U R N T O N E X T PAGE

West Virginia 0054

Case 1:05-cv-02791-LW

Document 116-30

Filed 02/04/2008

Page 9 of 12

RECEIVED
S&MiZU PHIh 12
#V BO OF MEDiCiNt

West Virginia 0055

Case 1:05-cv-02791-LWYTDocumenti116-3
' . . .

10 of 12

A FALSE OR F R A U D U L E N T A N S W E R T O T H E F O L L O W I N G C E R T I F I C A T I O N MAY RESULT IN LICENSURE DENIAL OR R E V O C A T I O N

C O N T I N U I N G MEDICAL E D U C A T I O N RFQU1RFMFMTS. C E R T I F I C A T I O N OF COMP1 lANCF,

I f ' f i f ^ o ^ t h a * d u H " g t h C p r C C ! d i " g T ' Y e Z r P e H 0 d ' J u ' y '* , 9 " ' t 0 J u n e 3 0 ' " " ' h a v e ^ e s s f U l l y c o m p l e t e d a minimum of fifty (50) hours of cont.nu.ng med.cal education satisfactory to the Board, as described in 11 CSR 6 2.2.* I u n d e r s t a n d i T Z hcense .ssued from this appl.cat.on .s based on the truth of this statement, and that should I furnish any false information in S 3 appl.cat.on, such act constitutes good cause for the denial or revocation of my license to practice medicine in the

PHYSICIAN'S O R I G I N A L SIGNATURE;

DATE:

I M P O R T A N T

N O T I C E

P Q N O T SEND CERTIFICATES W I T H THIS A P P L I C A T I O N .

You may be audited! A sample number of physicians will be audited for the purpose of documenting continuing med.cal educafon hours. If aud.ted, you will be required to provide proof by submitting written confirmation of your completion of required continuing medical education.

* l l CSR 6 1.2 ^ r r e In order to acquire continuing medical education satisfactory to the Board, a physician may: A. Take continuing medical education designated as Category I by the American Association or the Academy of Family Physicians, or Medical

B.

Teach medical education courses or lecture to medical students, residents, or licensed physicians, or serve as a preceptor to medical students or residents: Provided, that a physician may not count more than twenty hours in this category toward the required fifty hours of continui e medical education. Sit for and pass a certification or recertification examination of one of the American Board of Medical Specialties member boards, and receive certification or reeertif.cation from said boardProvided, that a physician may not count more than twenty five hours in this category toward the required fifty hours of continuing medical education. Certification or recertification from any board other than one of the American Board of Medical Specialties member boards does not qualify the recipient for any credit hours of continuing medical education.

C.

There are no other types or categories of continuing medical education satisfactory to the Board.

"ATTENTION** <<KEEP A COPY OF THIS ENTIRE FIVE-PAGE A P P L I C A T I O N FORM. fiEMEUBfjj. REGARDLESS O F T H E D A T E OF YOUR SIGNATURES, ALL STATEMENTS I N THIS A P P L . C A T I O N RELATE T O T H E ENTIRE PERIOD JULY I , 1997 T O J U N E V 1999 IF. AFTER Y O U SIGN A N D DATE THIS FIVE-PAGE A P P L I C A T I O N FORM O N PAGES THREE (3), FOUR (4) A N D FIVE ,51 A N D PRIOR T O JULY I, 1999, A N Y ANSWER S H O U L D C H A N G E FOR A N Y REASON, Y O U H A V E A D U T Y T O NOTIFY T H f BOARD A N D A M E N D YOUR F O R M . i v n w i i n i H S

West Virginia 0056

Case 1:05-cv-02791-LW

Document 116-30

Filed 02/04/2008

Page 11 of 12

DEPOSITION EXHIBIT 106

Case 1:05-cv-02791-LW

Document 116-30

Filed 02/04/2008

Page 12 of 12

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<

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'&-H*L

L-.

West Virginia 0125

Case 1:05-cv-02791-LW

Document 116-31

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Page 1 of 17

DEPOSITION EXHIBIT 107

Case 1:05-cv-02791-LW

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Page 2 of 17

ALABAMA BOARD OF MEDICAL EXAMINERS

BROUGH ENDORSEMENT
To The Board of Medial Examiners of [he State of Uaba I hereby make application for a certificate So practice medicine and silrgeryTh IheTIsfe of Alabama, and submit the following statement concerning my agc, moral character, preliminawand medical education and practice. 1. Name in Full Bcjlda r t S A , H*?-fwf" f 2. Address H "iSf hi tr (Wv'fc. SL /-fcr^-tW t ^ y f

&r

3. Place of Birth E f w

K v ^ H ,'<_

D a l e o fR i r t l l

/O C7W ~

Social Security k 3

F K 7 Sex/4_Telephone ffl^S"/3 ^ 7 ^ ^ ^ g ?

YES A. Have you ever been convicted of a felony? i. Have you ever been convicted of a crime or offense (felony or misdemeanor) related to the practice of medicine? 6. Have you ever been convicted of any violation of a slate or federal law relating to controlled substances? 7. Have you ever been denied a state or federal controlled substances certificate? 8. Has your certificate of qualification or license to practice medicine in any state been suspended, revoked, restricted, curtailed or voluntarily surrendered under threat of suspension or revocation? 9. Have your staff privileges at any hospita! or health care facility beenrevoked,sus pended, curtailed, limited or placed under conditions restricting your practice? 10. Have you ever been denied a certificate of qualification or a license to practice medicine in any state or has your application for acertiGcate ofqualification or license to practice medicine been withdrawn under threat of denial? Are you now, or have you ever been addicted to the use of alcohol or controlled substances? Have you ever been diagnosed and/or treated for a mental illness and/or serious physical illness? Have you ever had a judgement rendered against you, or action settledrelatingto the performance of your professional service? To your knowledge, ha ve you ever been or are you now, thesubject of an investigation by any licensing Board/Agency as of the date of this application?

NO

l*S

is* u-'
L ^

IFANTOFTHEABOIE ANSWERS AREINTHEAFFIRMATIVE, PLEASEEXPLAININDETAIL ONANATTACHED SHEET AND PROVIDE THE COMPLETE ADDRESS OF ANY PSYCHIATRIST/PSYCHOLOGIST, STATE BOARD HOSPITAL, ETC. i 5. Military Service, Branch _ IS. Place of Intended Residence in Alabama .Dates,

1 PRELIMINARY AND PRE-MEDICAL EDUCATION List all schools attended, elementary through college and post-graduate work other than medical school. N<unoofs Ml C-J- 1 / ^ <Q . . , Dates Attended Degree Conferred

9*0,

-y3.

o,LJ <?-/<}-

4. S&&.

Tin

TkchniL

6 .ttuiMtx.6 / W " L ^ 7 .

zr

T-7

OuD-

2Z

8S

4labama 00012

Case 1:05-cv-02791-LW

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11.

MEDICAL EDUCATION

List all medical schools attended, dales and complete addresses of institutions. Do not list internship and/iv residency (ruining..
Name of School Address

3.

From_

El.

INTERNSHIP AND/OR RESIDENCY TRAINING

List all internship and/or residency training since graduation from medical school with dates and complete addresses of institutions. Do not list practice experience. Hospital/Institution 1. Fromj

ftvr ,n/?7 ./eo/sfl ftyj&rfCtec

imdtmky &*&

2.

From:

CFACBP) fi,At>o$l, &&**&&&& Pwchcttri><-iJc <?#

3. Froiru.

jJ^u^^X
4. Friim,

:' De&<;onEi4) /-fas'p.j Je^aA (kLftj

/-fops- d?i*lt 2 5p&c+rin>^ E^<?<ryQteJ!tj & /^S_

5.

From_

6.

From_

7-

?;nni

8.

Fram_

maw* auJi ib& i)h%

IV,

ORIGINAL LICENSE (If Applicable)

I was issued my original (first) license in the State of >n , license number g f '*" g l&2 L , based upon_

pj-gy

examination- I certify that this license has not been the subject of any disciplinary action. If so please explain on attached sheet. V. ACTIVITIES FOLLOWING MEDICAL SCHOOL AND TRAINING

List all practice experience since completion of your formal training giving dates, insijtulions/hospitals, and complete addresses. Use . q m r a S h S if n ^ s a r y . ^ f o ^ JkfmfrJbJ* ( g )
Place Address

Alabama 00013
Edward A. Patrick M.D. B.S., M.S. Ph.D. M.D. 1974 FACEP Massachusetts Institute of Technology, Boston, Mass. Purdue University, West Lafayette Indiana Indiana University School of Medicine, Indianapolis, Indiana
, , y M e d i c irv^ with D r . H e n r y J.

P a s t M . D . Training,:

1975- 1976 1976 1979

easing to development of Heimlich Maneuver and micro-trach

1988

Resident I The Jewish Hospital, Cincinnati Ohio S!2?;?iiy arranged residency training in Emergency " f f l d i i n supervised by Dr. Henry j. Heimlich aimed at Board Certification in Emergency Medicine through combined formal residency training and practice route. Certifi ed . ., a Dipiomate of the American Board of Emer-

Case 1:05-cv-02791-LW

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Edward A. Patrick M.D., FACEP B.S., M.S. Ph.D. M.D. 1974 Massachusetts Institute of Technology, Boston, Mass. Purdue University, West Lafayette Indiana Indiana University School of Medicine, Indianapolis,

Indiana
P o s t M.D. T r a i n i n g : 1 9 7 4 - 1 9 1 5 ' -. R e s e a r c h iXi r Emergency Mediciti(| with Dr. Henry J " licrf* leading le HeisiJicif to development of Heimlich Maneuver

1975-1976 1976-1979

1988

^1

1976-1982

1977 -1995 1979-1981 1980-1981 1980-1984

and micro-trach Resident I The Jewish Hospital, Cincinnati Ohio Specially arranged residency training in Emergency Medicine supervised by Dr. Henry J. Heimlich aimed at Board Certification in Emergency Medicine through combined formal residency training and practice route. Certified a Diplomate of the American Board of Emer gency Medicine. Combined residency and practice Spectrum Emergency Care (part time) at following O'Blenis Hospital, Athens Ohio Vetrans hospital, Pomeroy, Ohio Holzer medical center, Gallipolis,, Ohio Ft. Hamilton Hughes Hospital, Hamilton, Ohio Lima memorial hospital, Lima Ohio Deaconess Hospital, Cincinnati, Ohio Department of Medicine

1985-1988 1989-1992 1988-1995 /<iTJft

with associate Hurt Kleinman, M.D., Cincinnati, Ohio - EM at Dearborn County hospital, 600 Wilson Creek Road, Lawrenceburg, Indiana Scioto Memorial Hospital, Portsmouth, Ohio Attending - established Family Practice Residency program at St. Lukes Hospital, Cleveland Ohio and family practice clinic St. Lukes hospital at Solon in eastern Cleveland, Best CPC diagnostician - attending Acute Care America ER group: Brown County Community Hospital, Georgetown, Ohio Berger Hospital, Circleville, Ohio Attending in Emergency Medicine Medical Colleqe of Ohio, Toledo Ohio Medical Health Services, 2910 Treevalley Court, Cincinnati, Ohio 45244: Emergency Medicine Department Staff, Highland County District Hospital, Hillsbourgh, Ohio 35-04-0250; Indiana 01027137 DocTurt LiSi/L ~H.

Medical Licenses: Ohio

Ohio:

Controlled Substances Registration CertificateAP2247395; Indiana: AP7195173

Advanced Trauma Life Support Instructor October, 19 67 Advanced Cardiac Life Support Instructor October 1987 continued work with the American Heart Association and refer enced in ACLS guidelines for contributions to the new guidelines

Alabama 00014
11, From . to .

12. Fram_

13- Pnm

. to .

14. From_

' Case 1:05-cv-02791-LW

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Mrw-r:yii

rrmmiiii I I

~r-~^

6.

From

to

'.

From

10

fl- From

to

9-

From

,(0

10.

From

to

VI. HOSPITAL PRZVILEQES

2. Fran 3. From

necessary, Hospiul to Address

10

In

4.

From

tn

i.

From

Hi

6.

From__

In

7.

From.

to

8.

From^

9.

From

to

10.

From ,..

11.

From

In

12.

FPOIB

13.

From

to

14.

From

to

Alabama 00015

Case 1:05-cv-02791-LW

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Kt-I$(iI8):iuini<l3|y, wj'ejg paj'Ufl

V!l. STATE LICENSURE Of Applicable) List ill stales where you have been licensed 10 practice medicine or have applied for a license to practice medicine. It is a rcquiremenl that each stale complete one of the verification forms whie*fvm be attached to your application.
V* '. '*. V-*

Ckm

$=&dgx
vm SPEX

teJfylZU

.:v::::> ...;

i. Have you successfully completed a written licensing examination with in (he list tea years? _ If Appendix C of this application does not reflex this exam, please submit such evidence. 2. Have you been certified or recertified by. an A.M.A. approved Specialty Board within the last ten yeai7 \fgs s - I f so please have Ihe-Specialty Board send verification of your certification. fciXftK. AFFIDAVIT AND RELEASE

iO

M0K

}tff^

, certify after being duly sworn, (hat all of the information supplied in the foregoing application is true and correct to the best ofrayknowledge, thai the phomg'raph' niDmiried her^rU Vtr^TaoTiiess^f myself and was taken within sixty (60) days prior to the dateof this application. 1 acknowledge that any false or untrue .(airmail or representation made in this application may result in the revocation of any license to practice medicine granted l me and criminal prosecution to [he fullest extent of the law.. ] further authorize the release of this application and any information submitted with it or information collected by the Alabama Board of Medical Examiners in connection with this application, including derogatory information, to any penon or organization having a legitimate need for the information and release the Alabama Board of Medical Examiners from all-liability for (be release of this information. I further authorize the release of information, including derogatory information, which may be in the possession of other individuals or organizations to (he Alabama Board of Medical Examiners and release (his person or organization from atiy-liability for the release of information. Dale % % 135A

County of.

Slate of SWORN to end subscribed before me this.

(SEAL)

23^

JuJtJ>

Alabama 00016

Case 1:05-cv-02791-LW

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Page 7 of 17

DEPOSITION EXHIBIT 108

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Page 8 of 17

1980 A M E R I C A N BOARD OF EMERGENCY MEDICINE CERTIFICATION E X A M I N A T I O N APPLICATION

o 3 O

:JF-33^-.%-f&7

ALL I N F O R M A T I O N M U S T BE T Y P E W R I T T E N A N D ALL I T E M S M U S T BEAR A N ENTRY 1 hereby make application to the A m e r i c a n Board of Emergency Medicine to take the examination w h i c h may lead lo issuance of a certificate of qualification as a specialist in emergency medicine, in accordance with and subject to its rules and regulations. I understand and agree to the policy of the American Board of Emergency Medicine that I shall be subject to d i s q u a l i f i c a t i o n or to forfeiture and redelivery of such a certificate of q u a l i f i c a t i o n in the event thai any of the statements made by me are false or in the event that any of the rules governing such examinations are violated by me or in the event that I do not c o m p l y with or shall violate the rules and regulations established by the American Board of Emergency Medicine printed in the current Policies gnd Procedures b o o k ' o i w h i c h I have received and read. By s u b m i t t i n g this a p p l i c a t i o n , I agree to indemnify the Board and its agents and hold them harmless from any loss arising out of or in c o n n e c t i o n w i t h this a p p l i c a t i o n . 1 hereby pledge myself to the highest ethical standards in the practice of emergency medicine, I understand and agree that the American Board of Emergency Medicine may inform the Director of the Program in which I complete my Senioi- or Chief Ressder* year or other special requirements of the Board as to my performance on any or atl of the Board's examinations taken by me at any time. i certify that I have read and understand the above information and that by my signature I agree to allow the American Board of Emergency Medicine to contact persons listed in the following application for references to my medical competence.

4-

-i

n-i

Signature of Applica

Signed in my presence on My Commission Expires

v_Kt

>

nature of Notary

4^X il-i A *

0/ ! 0
i

/ ;

**v

^2
,w'

** . * *

Type Name as W o u l d Appear on a Certificate

Have you made a previous application to take this certification examination? If yes, indicate date(s)

X NO

' . YES

APPLICATION CATEGORIES: (Check ONLY one) Emergency Medicine Res.dency Category Practice Category Spockil Cnlouory 'J. ^Ai '

APPLICATION ACCEPTANCE DATES: May 1-July 15, 19B0 May 1-Junc 30. 1980 May 1-Juno 3D, 19110 n r r ' n . irrnn

Case 1:05-cv-02791-LW

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ALL APPLICANTS MUST COMPLETE THIS PAGE ALL ITEMS MUST BE TYPEWRITTEN AND ALL ITEMS MUST BEAR AN ENTRY

-I

NAME

PATRICK
Lasl

EDWARD
Firsl

ALFRED
Middle

M-DMD/DO

MAILING ADDRESS

Q l 0

IvIATS0N

PLACE

JEIflCXNNAII
City

OJLIO
Slate Zip

TELEPHONE NUMBERS:

HOME ( _ 5 1 X ) - M 2 z 8 3 2 Q

BUSINESS (

DATE OF BIRTH .__10ZZ/A3E

CITIZENSHIP: USA
x

OTHER

.
Country

and Current Visa:

Permanent
Visitor i

0:rier i ]
2 DEA NUMBER: What is your DEA Number'' A P 7 1 9 5 1 7 3 Hys it ever been revoked 9 NO x YES
;

If yes. explain on separate sfieet in detail. 3. BOARD CERTIFICATION: Are you board certified >n any other specialty area9 Specialty

NO L4J

YES I I Certificates

Date of Certification

4. OTHER EXAMINATIONS: Indicate Examinations Passed (if any): National Board Examination

Certificate # (" available) _

Date Effective {or date results received)

FLEX
ECFMG Other (Specify) _.

_J9Z5__

Graduates of other than U.S. medical schools, a translated photocopy of diploma must be attached

5 MEDICAL SCHOOL GRADUATED FROM: (NOT RESIDENCY, FELLOWSHIP OR POSTGRADUATE) Medical School Location From-To: MO YR Degree (MD/DO)

Indiana Univ..-School I n d i a n a p o l i s , of Medicine Indiana

Number Statr-

1970-197^- .

M.D.

6 CURRENT UNRESTRICTED LICENSE TO PRACTICE: Date Issued Date Expires (if any)

Indiana _Qhlo
Has it ever been revoked 7 NO X YES

1975 1226

/&/ 3//ygL
ff yes, exp!u, on a separate sheet in detail.

Evidence o( licensure must be submitted with this application

Patrick 00815

Case 1:05-cv-02791-LW

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Page 10 of 17
v,

t ALL A P P L I C A N T S M U S T C O M P L E T E T H I S PAGE ALL I T E M S M U S T BE T Y P E W R I T T E N A N D A L L I T E M S M U S T BEAR A N E N T R Y

7. rdED'CAL TRAINING AFTER MEDICAL SCHOOL First Postgraduate Year (Internship): Institution. ~ Rotating 0 or other Please specify PGI

Location. C i n c i n n a t i , Ohio
Surgery
J

/-/vKy ..From.

(^^Mt/cf-f

^i.p.

/?tfi,croiK
McVDayiftr

N u m b e r of Months S u c c e s s f u l l y C o m p l e t e d .

12

Mo/Day/Vr

/7S

To

Evidence of the c o m p l e t i o n of internship training must be submitted with this application

Second Postgraduate Year: Institution Program Director

QacS

flfoT Location

trPpt-S Specialty Endorsed/Approved From

Mo/Day/Yi

NO To_

YES

Number of M o n t h s Successfully Completed

Mo'Day/Yr

Third Postgraduate Year: Institution^ Program Director.,.

[>o$

uaT^P^f Location Specialty ..Endorsed/Approved From

MoJDaylYr
T

NO H o

YES

Number of Months Successfully C o m p l e t e d . .

Mo/DayJYr

Additional years of residency may be listed on the additional information sheet provided specifically for this purpose Evidence of the completion of residency training to be applied for credit (Emergency M e d i c i n e Residency or Special) must be submitted with this application

8. CONTINUING MEDICAL EDUCATION iN EMERGENCY MEDICINE Continuing Medical Education (CME) hours nrjst be separately listed on the enclosed sheet provided specifi cally for this purpose.

DOCUMENTATION WHICH MUST BE SUBMITTED WITH THIS APPLICATION: Only fully complete applications will be considered. Applications which are not fully complete when submitted will be assigned the postmark date affixed to the last item received to complete the applica tion. Incomplete applications will be held for six months. The f o l l o w i n g items must be s u b m i t t e d with an application in order to be considered c o m p l e t e : 1. 2. 3. 4. 5. A p p l i c a t i o n fee $100.00 (non-relundable) Photocopy of d i p l o m a from graduates of other than U.S. medical schools Evidence of licensure to practice med'cine (photocopy of current license) Evidence of the completion of internship training (photocopy of internship certificate) Evidence of the completion of residency training required to be considered for credit (Emergency) Medicine Residency or Special) (photocopy of residency certificate)

FALSIFICATION OF ANY PART OF THIS APPLICATION OR THE REQUIRED DOCUMENTATION WILL RESULT IN REVOCATION OF ANY CERTIFICATE ISSUED Information not directly related to the credentials requirements will not be reviewed or considered. No documentation may be returned.

Patrick 00816

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ONLY APPLICANTS APPLYING UNDER THE PRACTICE OR SPECIAL CATEGORIES MUST COMPLETE THIS PAGE ALL ITEMS MUST BE TYPEWRITTEN AND ALL ITEMS MUST BEAR AN ENTRY

9. CURRENT PRACTICE POSITION HELD: Institution UM M O R T A L HOSPITAL City '. fa%

Mo/Day/Yr

Position/TiUeSEEERO.. i)KPf?1- PKY.SLHTAN Lima Administrator To 7 / To

Ma/Day/Y, Mo/Day/Yt

StreelMobel A v e n u e Telephone { J 0 8 _ ) _223=333S

state_QhiQ

ZtpiL5fii34 ' f ioO

TOTAL

Emergency Patient Care From i.E>/ Emergency Medicine Teaching From

/80
MolDiyPfr

Total # Hours Total $ Hours

TOTAL

10. ADDITIONAL PRACTICE POSITIONS DEMONSTRATING 7000 HOURS AND FIVE YEARS OF PRACTICE. Institution DEARBORN COUNTY HOSPTTAT, Street Telephone ( ) 12/ /?8
Mo'Dayr'Yt MofDay'Yr

Position/Title State J&U&JJQUSS. Zip

CityKQuJi-eitrku*"/ Administrator To 1 ? / To

Emergency Patient Care From

/??
MoiOayfYr Mo/Day(Yr

Total # Hours
TOTAL

Emergency Medicine Teaching From

Total # Hours_
TOTAL

Additional positions may be listed on the additional information sheet provided specifically for this purpose A. All Practice Applicants: I hereby state that I have completed 7000 hours of practice inerrTerg'epcy actice in emergency medicine median over a minimum of five
Signed C^JU-^Q:

11. POSITION DEMONSTRATING MINIMUM OF 2800 HOURS OF PRACTICE IN EMERGENCY MEDICINE WITHIN A MAXIMUM 24-MONTH CONSECUTIVE PERIOD (DO NOT LIST MORE THAN 24 MONTHS): This will duplicate some information provided in #9 and #10, The purpose is to identify the fulfillment of the 2800 hour portion of the requirement only. Institution L e a r b o r n County H o s p i t a l Gallon Community I T o s u i t a l From 1 2 / From 7/ /?8
Mo/Day'Yr ay'Yr

Dates Tol2./ To 7/ /?Q

Mo/Day/Y Mo/Day/Yr

/78
Mo'Day/Yr

/80
Mo/Day/Yr

Bucyrus CoirLmunity Hospital Lima Memorial Hospital

S. A// Practice Applicants:

From 7 / / ? 8 8/ M 7$J

To 7 / /80 7 / MoiQaWYr

I hereby slate that I have completed 2800 hours-.of practice in emergeqc^ medicine in a 24 month consecutive period, Ml' t> /It Sinned C^\U vrUZsV ( A ~Z JL

THE AMERICAN BOARD OF EMERGENCY MEDICINE RESERVES THE RIGHT TO REOUIRE ADDITIONAL DOCUMENTATION AT ANY TIME.

PLEASE REVIEW DOCUMENTATION REQUIREMENTS BEFORE SUBMITTING APPLICATION.

Patrick 00817

Case 1:05-cv-02791-LW

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Page 12 of 17

Item 9: Current practice position held: Institution: Scioto Memorial Hospital

Position: Assoo. Director of Emergency Department 1805 27th Street Portsmouth, Ohio ^5662

Telephone: (6l4) 35^-2813 Administrator: Mr. Lowell E. Thompson Emergency Patient Care from line 2: 5/15/80 to prej&ehtl\t^ (total number of hours 192 per month)

0 Q &^AX

Patrick 00818

Case 1:05-cv-02791-LW
',. ''

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Page 13 of 17

ONLY APPLICANTS APPLYING UNDER THE PRACTICE OR SPECIAL CATEGORIES MUST COMPLETE THIS PAGE ALL ITEMS MUST BE TYPEWRITTEN AND ALL ITEMS MUST BEAR AN ENTRY

/ /

tr, *P233S- PRACTICE POSITION HELD: ' Institution T.TWA MRMCHTAT. HOSPTTAT. StfftBtr.iobel A v e n u e Telephone
" *

" 7 ^ i > f t . ^ A T T ? ft i< Ff-v** /TVIti"Apffto*. Xvmi'tf* liy * ; PosiTionTritleEWERCr DKPT. "PHYSIC;TAW Sta1e_QMrj ZipJkgBQft

f i f v

City_lirna Administrator

( M 8

} 223-3^1^
Uo/DayWV

Emergency Patient Care From 1 8 / 3 - / 7 9 Emergency Medicine Teaching From

To 7 / 5 0 / 3 0
Mo/DayfYr

Total ft Hours Total ft Hours

?k p
TOTAL

Mo'Day/Yr

To

Mo/Dym

TOTAL

10. ADDITIONAL PRACTICE POSITIONS DEMONSTRATING 7000 HOURS AND FIVE YEARS OF PRACTICE. Institution DEARBORN COUNTY HOSPITAL Street Telepnofie ( j From l?./3p/78
Wa/Day/YV

Positinn/TitiR &&&

DPT-

p^/VCtA*/ 7ip

C\tyMtM&ch*A$. Au'ruiiri^irdioi To 12./30/79

'

State JSL & i f j ^ t

Emergency Patient Care -

_ T o t a l ft Hours Total ft Hours

/fr"'?/TOTAL

MolDay/Vr

Emergency Medicine Teaching From

^
Mo/Day/Yr

To
Mo/DayPrY

TOTAL

Additional positions may i e listed on the additional information sheet provided specifically for this purpose A. All Practice Applicants: I hereby state that I have completed 7000 hours of practice injjrTergepcy years. Signed ' medicine over a minimum ot five

11. POSITION DEMONSTRATING MINIMUM OF 280C HOURS OF PRACTICE IN EMERGENCY MEDICINE WITHIN A MAXIMUM 24-MONTH CONSECUTIVE PERIOD (DO NOT LIST MORE THAN 24 MONTHS): This will duplicate some information provided in #9 and #10. The purpose is to ideniity the fulfillment of the SBtxThour portion ol the requirement only. Institution Dates

Dearborn County Hospital Gallon Community Hospital Bucyrus Community Hospital Lima Kamorial Hospital

From 12/30/78 c ^ ?/X/?8

Mo'Day/Yr

7nl2/3Q/?9 Tn 7/ /80
Mo/Day/Yr

From 7 / 3-/78 8/T/^

TO 7/3- /80 7/3of$$"

B. All Practice Applicants: I hereby state that I have completed 2800 haj^r^o! practice in emergvocy

' e in a 24 month consecutive medicibe

THE AMERICAN BOARD OF EMERGENCY MEDICINE RESERVES THE RIGHT TO REQUIRE ADDITIONAL DOCUMENTATION AT ANY TiME.

PLEASE REVIEW DOCUMENTATION REQUIREMENTS BEFORE SUBMITTING APPLICATION.

Patrick 00819

Case 1:05-cv-02791-LW

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Page 14 of 17

-INFORMATION SHEET NAME.

APPLICATION ITEM #fO CONTINUED

ADDITIONAL POSITIONS Do N o t D u p l i c a t e I n f o r m a t i o n R e p o r t e d In # 1 0

ADDITIONAL POSITIONS DEMONSTRATING 7000 HOURS AND FIVE YEARS OF PRACTICE:

^ ^ ^ ^ ^ m ^ U M i c ^
Street
Telephone ( ,

Positions
Administrator

g*mk
stale Ohio

r
7ip

PJt^cjMj

city Marion

Emer9enCy Pa,,en,

* ~ ^~HkJ^o_ll^__,
To Sm
l 0

Hours, %_
im^r, , u * o f Hours
T

Emergency Medicine Teaching - F r o m _

__

*""< Telephone
r v

afyLUL^Itk

S.ate^ki^^

7 i n"

"

( ) ' Emergency Patient Care - From

.. . . . __Admlnlstrator_
To

_ _ ^ .u
Toltl

E r.c, Medlcln. TMchlng

Institution Street ~ Telephone ( ) .

_ BwB __fi^g L _ Ttt V/J

D

, of Houts
f)PT Zip

,*,, Cl *y

... _ . Posltlonn-itle, &Mf&(sf#t(/ State

&*&&&*/

.Administrator, '
To u ft| Wn ,

Emergency Patient Care - From

Emergency Medicine Teaching From.

To

ITTflra.

# of Hours.

OTHER

Patrick 00820

Case 1:05-cv-02791-LW
INFORMATION SHaf

Document 116-31

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-**<**

Page 15 of 17

NAME.

APPLICATION ITEM #10 eOHT,NUEO

ADDITIONAL POSITIONS Do N o t D u p l i c a t e I n f o r m a t i o n R e p o r t e d In # 1 0

A 0 ~

P O S T it O N S0

R A T

m H0URS m

F ( V E

Y E A R S

o p

'nslilut/on_Canibrid^_f u r s n e y Street " T , ' T e l e p h o n e (_____j C hfamsfai Emergency Medicine Teaching - From ^ ' ^ CilyJ^^iga. ^ - - ^ ^ Sjate.J)hin

NOTICE. i ^ ^ Zlp

Administrator
1

foltr
To nof

"Mofl 8y /VY

Hours.

ir * /o y _ -Clty_

c u t . rii. i -.

Sta(e__Qhio

-Zip__

-Administrator. T^DjyTftEmergency Medicine Teaching _ From__

BKK

* ' Hours * o f Hours.

7f;

'"

H^fiSTyT

Tolil"

Telephone (

"
\

)/-&Jils>M^

State_ki^>

ap

7in

Emergency Patient Care - From.

-Administrator d~7 / / 7 1 T A "?*///*> ~ ~ "*** 'HU*o f Hour,,/,

Toti

Emergency Medicine Teaching - F r o m _ fiofOiyrr? OTHER

HSffi^f

#of

Hours

Patrick O0821

Case 1:05-cv-02791-LW
"INFORMATION SHEET

Document 116-31

Filed 02/04/2008
Cl*-*w.V~l

Page 16 of 17

NAME.

APPLICATION ITEM #10 CONTINUED

ADDITIONAL POSITIONS Do N o t D u p l i c a t e I n f o r m a t i o n R e p o r t e d i n # 1 0

ADDITIONAL POSITIONS DEMONSTRATING 7000 HOURS AND FIVE YEARS OF PRACTICE:

institution Gallon Community Hospital

Street Telephone ( ) "
Frnm

Posltion/Titte

**#(>

p&PT-

FMyStt \i^J
Zip

city G a l l o n

State_hii2

Administrator ^JUJ77
Tf> ?

Emergency Patient C?~ -

/ M J L n/79

* f

UrS

^ S P

Emergency Medicine Teaching From

. Mo/DyfYr

To
Mo/Dayrr'r

0 of Hours
ToUl

itltution B u c y r u s Community H o s p i t a l Street Telephone ( ) /77

/ Mo75y?Yr

PoaHion/THIe

I^IBHL

. /)/"/. Zip

PfiyJK\frJ

city B u c y r u s Administrator Tn To
Mo/Daynrr

State

OMo

Emergency Patient Care From j j [ / Emergency Medicine Teaching From

"

* ? / ^2
Mo/DayrfYr

/ 7 9 fl of Hours # of Hours

XJZjD
ToUl

_
ToUl

Mo/DiyrtY

institiitinn B a r n s v i l l e Community H o s p i t a i P Q S ( t i Q n m i , e Street Telephone ( ). city B ^ m t n U e

eahB^. State 0 k iIS

/>?fr Zip ,

prtySKlfa*

Administrator

Emergency Patient Care From. 7/1

' Mo/Dy/Yr

/79

TO ' y l
"Mo/Diy/Yr

/80 ___,

of Hours_
ToUl

Emergency Medicine Teaching From

To

# of Hours

__

OTHER

Patrick 00822

Case/1:05-cv-02791-LW
INFORMATION SHEET

Document 116-31

Filed 02/04/2008

Page 17 of 17

NAME Edward A. P a t r i c k M.n.

APPLICATION ITEM #10 CONTINUED

ADDITIONAL POSITIONS Do Not Duplicate Information Reported In #10

ADDITIONAL POSITIONS DEMONSTRATING 7000 HOURS AND FIVE YEARS OF PRACTICE:

, n > t t t u t l o n Fort Hamilton Hughes H o g i t a l P o s m w t f r ) t , B

Street

g ^ ^ c State_ji_L<5

f)f^r-

Qj^SiU Zip

City.,
{ ) From J * 3 / 1 From

ftgjmif-foi
Administrator

Telephone

Emergency Pailent Cere -

/?g

To f A l ^ L To

& f l of Hour. o<

Wmj~

jQ <SS>

Emergency Medicine Teaching -

institution,0'Blennla Hospital
~4reet Telephone ( ) From U l
Vo/DtyA'r 0/Oty/Vr

Posltion/TlHs
C(tv

J*IK*U rtfrin

9rr
2jp

Ptyym

-i

Athens

state

Administrator M__To /AI 3d / 7 8

' MofDav/Yj Mo/Oay/Yf

_ _ * 0 f Hours # munrc
Mc/Dayft-r nuurs ^

Emergency PaSlent Care -

/^GO
?rr^ Total

Emergency Medicine Teaching -

From
Mo/ttay/Yr

To_

instltutlonVeterans Memorial Hospital

S,reet

Position/Title C^^fik^^ State_Qhifl

p^frr- ^ Zip

CilyFomeroY
( ) From U L J &
Mo/DayTYr

Telephone

Administrator To /*/?
WOjy/Yr

Emergency Patient Care -

/?R ,

of

Hours

Go*
j j ^ p

Emergency Medicine Teaching OTHER

From_ W51y7r7

To_
R3M35WY7

u of H O I I * OI h0UrS

rs^

Patrick 00823

Case 1:05-cv-02791-LW

Document 116-32

Filed 02/04/2008

Page 1 of 11

DEPOSITION EXHIBIT 111

Case 1:05-cv-02791-LW

Document 116-32

Filed 02/04/2008

Page 2 of 11

Dr Patrick was a no show for Part I. Sent inactive refund anything as he did card. Barb 11/20/81

on November 5 , 1981 in materials on Novembe in not pay when he sent

Dearborn his acceptance

^JLOAM^'
PLEASE 'RETURN BY SEPTEMBER 30, 1981 TO: American Board of Emergency Medic 1305 Abbott Road, Suite 101 East Lansing, MI 48823 517/332-4800

I w i l l take Part I of the c e r t i f i c a t i o n examination at the oesignated center in my geographic area and the $300 exam fee i s enclosed.

I do not wish to take Part 1 of the certification examination at this time. DO NOT INCLUDE EXAM FEE. __,

KAME Last

f--dc*>a>dl
First

A
Rl

Middle Initial

If your address is different than the one to which this mailing was sent, please indicate correct address below. Please include any change in telephone numbers as well.

no Check
QGT 07 1981

6 ^ <*?&
Jt

3^. :
S>iSi

A>

(PAID
X

M$T

VcA/i

-fai/fe.

^p^^*^>

s^*i

Patrick 00841

Case 1:05-cv-02791-LW

Document 116-32

Filed 02/04/2008

Page 3 of 11

t'DWA0 A PATRICK, ^D 81flr KATSON PL CINCINNATI OH U520ii

y-f)S?55qS308 ll/OU/82 ICS IPMBNGZ CSP LSGB 5 1 3 4 7 1 6 3 7 0 MGM T D R N CINCINNATI OH 36 I1-0U 055UP EST

^*
*1

THE AMERICAN RQiRD OF EMERGENCY 1305 ABBOTT WD SUITE 101 E LANSING Ml 48823

MEOICINE

pa,

t *

UNABLE TO TAKE BOARDS TOMORROW NOVEMBER 5 1982 DUE TO ILLNESS EDWARD A P A T R I C K , MR

* t *

BIO

MATSON

PL

CINCINNATI OH <J520<J 17:55 EST MGMCOM.P

Patrick 00838

Case 1:05-cv-02791-LW

Document 116-32

Filed 02/04/2008

Page 4 of 11

PLEASE RETURN BY SEPTEMBER 30, 1980 TO: i .lean Board of EmergencyNMedicme 1305 Abbott Road, Suite 101 * Se^-f^ig East Lansing, Michigan 48823 (517) 332-4800 Q l will take Part I of.the certifi cation examination at the designa ted center in my geographic a t ' c . ' i ($300.00 examination fee. due at this time).

M Y ADDRESS AS OF SEPTEMBER 1 5 , 1980

Name fATfllOC

l&)A&0

ALf=fi&

/ Last s First Middli H-.:. (Type name in t h i s sequence.) Address S'JO MATJQA) ptACfc

patetft

rn*}

grf? v

I do not wish to take P a r t I of the c e r t i f i c a t i o n examination a t t h i s time (do not include fee) .
REQUESTED NOTE

vrj&y
Zip

P R I N T OR TYPE ALL INFORMATION

DON'T FORGET YOUR ZIP CODE,

! C T : N0V 0 51380
'Srergency Medicine go
Suitt D 8823 , (OVER)

PLEASE RETUFN NO LATER THAN OCTOBER 2 7 , 1983 TO:

Amer v

I will take Part I nation on November center in my geograp fee (check made paystH5
*

o5 -ne
<=ed
i1*'

^ not wish to take Part I of the certification examination at this time. DO NOT INCLUDE EXAM FEE. -\

^INFORMATION ON THIS MAILING LABEJ IN THE SPACE TO THE RIGHT OF THE LABEL. LIST P*f ADDITIONAL TELEPHONE NUMBERS WHERE YOL CAN BE REACHED. ,'R13/A7f-ft370. f TTH^
J" i ri ,- i i. 'i a t i ,
f"' I

</l'(^
5i
REC'D ABEM

7*

/^

/V/'C^

0CT 311983

American Board of Emergency Medicine 200 Woodland Pass, Suite D (OVER) East Lansing, Ml 48823 517/332^(800 I do not wish to take Part 1 of the [ " I I will take Part I of the c e r t i f i c a t i o n exami certification examination at this nation on November 8, 1984 at the designated time. DO NOT INCLUDE EXAM center in my geographic area and the $345 exam FEE. fee (check made pavable to "ABEM") is enclosed. PLEASE RETURN NO LATER THAN OCTOBER 25, 1984 TO:

YOU CAN BE REACHED. 513/471-8370,' Edward A. Patrick, M.D. 810 Matson Place Cincinnati, O H 45204

,
(-M? ''\,-J

fUtftL
::

[_ ,

P^ft , v-*eu?

<PM^^ O C [ T O " ^ AC*TJ'cyf

."'

R E D A BfM

N 0 V 0 71984
Patrick 00840

Case 1:05-cv-02791-LW

Document 116-32

Filed 02/04/2008

Page 5 of 11

200 WOODLAND PASS / SUITE D / EAST LANSING, MICHIGAN 48823 / (517) 332-4800

J u l y 12, 1985 Edward A. Patrick, M.D. 810 Matson Place Cincinnati, O H 45204

Dear D o c t o r : The Board adopted a policy effective July 1982 that a candidate's file not be held open any longer than three years from the last activity in his file (application approved or exam taken). You were previously sent a copy of this policy and this letter is being sent as a reminder of your status with the Board. At the present time your file is active for Part I, the written exam. Since the last activity in your file was in or prior to 1982, you must take the exam this year or your file will be permanently closed. If your file is closed, it will not be reopened. To pursue certification you would then have to submit a new application fulfilling all requirements at the time of application and submitting current fees. This year's administration of Part I is November 11, 1985. Assignments for that exam will be mailed in early September and you will receive an assignment to that exam at that time. The Board has set a two week cut-off date for scheduling candidates into the written exam. Therefore, for the November 11, 1985 written exam you must accept your assignment by October 28, 1985. Again, you must take the exam this year or your file will be permanently closed. Enclosed is a copy of the Active/Inactive Status Policy which explains this policy in detail. If you have any questions, please contact the Board office. Sincerely,

Gail V. Anderson, M.D. Secretary-Treasurer GVA/bjd Enclosure

Patrick 00842

* * + * * * * + * * * * + + * + * * #

Case 1:05-cv-02791-LW

Document 116-32 ' ' Filed 02/04/2008 * * Pa*ge 6*of 11

"rJKICr'J 8'.!AF0 r;c EMERGENCY MEDICI';

*RT

I EXAMINATION

RESULTS

.: j
? CANDIDATE r-'A*: Ei)w=D A, PATRICK

C R I T K I 0 N :

E X A M I N A T I O N D A T E . fcQ V r M .~s E D iTM I 9 - ^^EAST 75 PERCENT CORRECT 61 PERCENT

*N - H i

TOT^L

ITEMS SCORED

] .' ;

CANOICATE SCORE, PASS/FAIL : i' i IL

THE FOLLOWING I N F O R N A T I D ' J P - L A T L 5 TC TOUR FRFOR**NC OH TrT CQITrhT CATEGORIES U H I C H AVE * S I G N I F I C A N T MUNbE" C c ITEMS Of.' T H I S E X A M I N A T I O N

;
COML.JT CATEDv^Y PEfF^HC[

AhDO'VGA.STROIfJTEA'T D I S C A R D I G ; 6.SCULAR L I . . . HIGLOC-K 4bE M7 U ; i . CHEMICAL/^nYSICAL D I S . HCRM/MLTf-b/NUTRIT UI HEAD AMD ^TCK MUSCLLf. SKELETAL '-'"RVOUS SYSTE*' THGR'CIC-RESPIRAT?RY MfilJlf-ULflTlVE-r>ROCCDU ftL

[-, (.jrfi i rw [-[_'_;.. v*, [_'!"

I C::

* ir-n-- ?* PERCENT O P I*;GHE : MET -- &Z Tr; .w4 PEKCE ? ! T LO -- ,'i (-ERCENT OF LOWER

*t * + * * , . * * * * * * *

****

**********<***, *****.

* * * + * *

* * * t ^ f i * * * * * * ,

Patrick 00843

Case 1:05-cv-02791-LW

Document 116-32

Filed 02/04/2008

Page 7 of 11

^ * * * * * * * * * * * * * * *

* * * * * * * * * * * * * . * * * * * * * * , * * * *

#**** i t * * * * * * * * * * * * * * * * * * * *

* * * * * *

tMERICAN BOARD OF EKERbEWCY

MEDICINE

^RT

I EXAMINATION RESULTS

CANDIDATE WAKE: EDWARO a.. CANDIDATE NO: 8 0 0 8 5 8 3

P i TRICK

EXAMINATION DATE: NO VEMbc.fi 1 5 R O I96b C R I T E R I O N : AT LTAST 75 PERCENT CORFECT i>N THE T 0 T i L CANDIDATE SCORE: 75 cjIrfCENT

ITEMS SCORED

P A S S / F A I L : PASS

THE FOLLOWING INr'OPH *TIl'N RELATES TO YwUR PERFORMANCE ON TrST CONTENT CATEGORIES WHICH HAVE A SIGNIFICANT NUKyfp < " > F ITEMS OM THIS EXAMINATION

CONTENT CATEGORY

PfRFO.'HANCE*

ABDOM/RASTROIfJTENT DIS. CATDIOVASCULA"-; DIS. EUCLOfalC AGErr DIS. CHFMICAL/PHYS1CAL OlS. HQHV/ME.TA6VNUTRIT 01 HEAD AND NECK MUSCULCSKELETiL NERVOUS SY5TE" TH C R A C IC -P. ES PI R t T C! Y
MA Is I PU LAT I V -=>ROC EDUfi L

L OH EC-

LOW
HISH LO!-.' HIGH

LOW
HIGH

MED
HIGH

H I G H 65 PERCEIvT OR hiC-hEP MED - - &5 TO 64 PERCENT L0 - - f , t PERCENT O R LOWF*?

* * * * * * * * * * *** * * * * * * * * * * * * * * * * * * * * * * * * M

* * * * * * * *

* * * * * *

* * * * * * * * * * * * * * * * * * * *

Patrick 00844

Case 1:05-cv-02791-LW

Document 116-32

Filed 02/04/2008

Page 8 of 11

^4SE RETURN NO LATER THAN OCTOBER 28, 1985 TO:

American Board of Emergency Medicine 200 Woodland P a s s , Suite D East L a n s i n g MI 48823 (OVER)

517/332-4800
0 1 will take Part I of the certification examination / ^ o n November 11, 1985 at the designated c e n t e r in my geographic area and the $355 exam fee (check made payable to "ABEM") is enclosed. I I do not wish to take Part I of the certification examination a t this time. DO NOT INCLUDE EXAM FEE. .ABEL. PLEASE MAKE SURE

MAKE ANY CORRECTIONS ON OR TO THE RIGHT OF THIS THERE ARE TWO PHONE NUMBERS LISTED. 513/471-8370, Edward A. P a t r i c k , M.D. 810 Matson Place C i n c i n n a t i , OH 4520'',

RECEIVES
pfltD

SFP

go

1985

PLEASE RETURN NO LATER THAN OCTOBER 2B, 1986 TO:

American Board of Emergency Medicine 200 Woodland Pass, S u i t e D East Lansing, MI 48823 0VKR 517/332-4800

P * will take Part I of the certification examination Q \*^&^ on November 3, 1986 at the designated center in my of the certi.i geographic area and the 5365 exam fee (made payable *^%Sfi to "ABEM") is enclosed. MAKE ANY CORRECTIONS ON OR TO THE RIGHT OF THIS LABEL. PLEASE MAKE SURE THERE ARE T*> PHONE NUMBERS LISTED. (M.SO, COMPLETE BACK OF CARD) 513/471-8370, Edward A. Patrick, M.D. 810 Matson Place Cincinnati, OH 45204
flE

.T

OCTi:Ol98B
- OVER

THIS ACCEPTANCE/DECLINE MJST BE POSTMARKED NO LATER THAN 2/9/87. Part II Assignment Date: 4/7/8? (Tuesday), 7:30 a.m. - 1:20 p.m. l/

i vd.ll take Part II of the certification examination at the Chicago Marriott O'Hare, Chicago, Illinois, on the date and at the time -specified above and the $420 exam fee (payable to "ABEM") is enclosed. I do rot wish to take Part II at this time (DO NOT INCLUDE EXAM FEE).

MAKE ANY CORRECTIONS ON OR TO THE RIGHT OF THIS LABEL. PLEASE MAKE SURE THERE ARE TWO PHONE NUMBERS LISTED. (ALSO - COMPLETE BACK OF CARD) 513/471-8370. /Edward A. Patrick, M.D. 810 Matson Place Cincinnati, OH 45204 FUD t o*

E D

FEB 101987
(ilMJ3?-**M>

Patrick 00845

1:05-cv-02791-LW

"

''

'

'-:

n t 116-3

i'y -"

;.'
. -^<

Page-9 of 11

>

'^y. ft w T&V'&'ryi &

. ,*, -J, , j ,

,i,

i u r i< o

P ..: r V

. X '. '- 1 i

Candidate

iia.Tio : :

"j^ric!. -..ri 1

Examin-stion Oat.; Criterion :

A u<'i J n .. c v >rt or -scores >'

11

Candi da to "cor-j: :

"O-T;

>as s/r a i l : r -j i l

*For this computation) t . ; " : to create s composite st:^

$ # = ; * * if -f =:: * =S * * $ * '.: ::- Z # 'f '.-ft* ? = .'

^tre

wrrs^ed

Patrick 00846

Case.1:05-cv-02791-LWr-

Document 116-32 ". Filed 02/04 200

of-11-

THIS ACCEPTANCE/DECLINE MJST BE POSTMARKED W LATER THAN 8/15/88. Part II Assignment Date: 10/10/88 (Monday), 12:30 p.m. - 6:20 p.m.

[OVER]

I will take Part II of the certification examination at the Chicago Marriott O'Hare, Chicago, Illinois, on the date and at the time specified above and the $430 exam fee (check made payable to "ABEM") is enclosed. I do not wish to take Part II at this time (DO NOT INCLUDE EXAM FEE). MAKE ANY CORRECTIONS ON OR TO THE RIGHT OF THIS LABEL. PLEASE MAKE SURE THERE ARE TWO PHONE NUMBERS LISTED. (ALSO - COMPLETE BACK OF CARD) ^ 513/471-8370, Edward A. Patrick, M.D. 810 Matson Place Cincinnati, OH 45204

PAID

JUL t

200 **w<J]*n*J P a d / S u i t s D/E*t L*nsirtq. Michigan J8S23 IS17UJ-0O

Patrick 00847

AMERTCAM BOARD OF EMERGENCY MEOICINE PART II EXAMINATION RESULTS

CANDIDATE NAME : Patrick CANDIDATE NUMBER : 300858

Edward

EXAMINATION DATE : October 10-12, 1933 CRITERION 1 : A mean score on all certification cases of 5.75 or above* CANDIDATE SCORE : 5,52 CRITERION I : All certification cas-3 scores of 5.00 or above (After averaging Hijh and Low certification case scores) TOTAL NUMBER OF CASE SCORES BSLOtJ 5.00 (3EF0RE HIGH/LOW AVERAGE): 1 TOTAL NUMBER OF CASE SCGRES BELOW 5.00 (AFTER RESULTS: Pass HIGH/LOW AVERAGE): 0

Patrick 00848

Case 1:05-cv-02791-LW

Document 116-33

Filed 02/04/2008

Page 1 of 10

DEPOSITION EXHIBIT 113

the. p i s t t a r t yehiele j | ,fW#e - MM-J Kl|HneHN ; f . wu. tamm^m-iwt;.-fw .pottertajd ti i * e at St, H;iebetn -MsptaT II & y 31 i i f + + Afltyiedk ahdreieastdJ f k mm* rSattrday^it e. " State -||H 4i&f sdftf bot &\.aft\ pickup 1 WgJoKi and "Mil &ia*. \cajswere a tofatftoss, _ a ISWButek c< 'issuance ojF traffic t i e W s lCf**f aatfrsi. at the intersection. < OS la^pettdirteij;- |J, ; j >, to the^Pittfaan it # m County Road s f was estimated t |t906 IbL-'li vi- State police said' si < & n e person was slightly aid damage to (He pickup iwuik, drlv M o sV lijj^fid eafljPSunday in % Kenneth W, DeLoi egiii|eer] i- /Nwtftar imtimx "at the in- tjftcetsvwere Issued: due UA! rnastet'

Case 1:05-cv-02791-LW

Document 116-33

Filed 02/04/2008

Page 2 of 10

m'mi

unique
BJJUDYHORAK r Staff Writer A Purdue University prof!8*or who is alrf a licensed physiciun is one.of four researchers assocjaiei With the! Institute of EngineArin* and Medicine established last weetc ait trie t)flty|rstty o( Cincinnati. i HilDri Edward A. Patrick, a membeof Purdue's efettctcaj englrteiri n 5 school, said (he institute was de signed to coordinate research effoHs 1 st;* and attract rAore outside grants] Neil Armstrong, the fin* man oh die. moon, a'-Purdue alunintis: an< i professor: of aerospace engineer nj at U.C.L|. is-director of tte injstthju. 1 Two other researchers associate}* cond> with the irstitute"are Dr. GeWgi Jiome Rievescltf, 'rjee president of isf ecis I e was project i at U'C, ajid for. Hen -y a two- Heimli<:h, lifedtor of surgery J!. Jewish Hosj'tt^;]/; , f a.1 The tour are rnembers of i re search team whfcH recently ar.nounc^d development vf an' Hit proved;1 pump for heart-lurfe ms chines.' I ' .' The jrumk[originally desigted ty the National Aeronautics and Spsicj Admj44traton to circulate fluid ii astrttnaiits' spate suits, W&J it* searchedf. \M tested t o r J f c i l j i 'hearluflj items pMWjde bed; at The Jeyftj Hc^lial, M DWAD Wfhklfc Teams up with Neil Armstrong \

He <m bar trf'1 terrriitwfi Cent* CbwT*i -'Th^re $urv1Vor! Patrtdk a Id he Wit spend ope week in plrKlhhati to coirdl nsedrch wcrk witl;- others at the in stitute. :., iV ; His igtad1 ate shilents at pu pbssib& ct uld b* Involved in pirojeetpffvolv ng the institute, lie s^ld. j "WA 6xa nple, there's a Jclnt Srojec(Setwe *n Purdue and Jew|sfi Hospital on the useI of compjuterri ip cmtifiahr c ire,:' (Patrick eVtolairtjed. "Pradi^ttf stud^rk*'here ire doing research en this ^Jja; a, p<mpAer , tlnkub With 1 lewis* Hospital J ] 5JF* '|Pr6fl:e.:^;,eoites, ftead:,of ;, S f school of eJictri^aliengiheefihg, said [ * j j r w Patrick's: ssoiSiition witnhhejin- 1 slitute Ihas i ihlv^fiiffe approvfeil., i j.On. the; i st, . P ' ;^p(ained| m "trickj ha-j suhrtH^'ipjfdpt (sals |fr. ! # : ! ipott to|%e'l*ad(|rial Sci^ Fbuiiditipn *rbcli included &b- : ntra'tj ts: t), fhe p & l:sh y ^ itajl."' nta he astidv oftef) ;|hcliie, sfieh

E Jaid . EMeiv KoW 5 I f .ijto^a Rtj2;i$ mwoed! Vt^jrH'et;

e r!5jarch'jpripc^als I r e rirep>rejil By inlltfdJvMp*! prkteslfor;; poatesh.saiiI,'lth*|afe-.':seni:-to theInitiilb. the institute wil^ include ] m F Jbly p jrdjjf# ;m tM'ohfli nJ ts, jinl^. research program? of Patrick, dwaraw fbi, Purdu- a^nd aKtq|li..i.> Sheila febp&K Armstrong and Riejeschl. lered^^.tb: university,,.. ; I <J J ;st'hpm| : ri aprenared release; ;the U.C- .s&tdj, Coates tid -Pa'.ttck'&\' asaoc|a|ior) 00 < he:: i nsE^tu te plan i to emphas^e*"' v 'tfth tte-ii atuu'^i^n'orjgafetJ ' I traduat* research f?llflwships in !ts i RitBlde tth^ |mivthtslt>, ^ ^ w g n j p y : i j jarit-te quests,* ".' a! DEPOSITION ~ftf EXHIBIT

tat-It;

t^M,P^f

LlLL

Wf>5 <s<oppte+-6 -ho

^^n)

Case 1:05-cv-02791-LW

Document 116-33

Filed 02/04/2008

Page 3 of 10

DEPOSITION EXHIBIT 114

Case 1:05-cv-02791-LW

Document 116-33

Filed 02/04/2008

Page 4 of 10

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PURDUE 00029

Case 1:05-cv-02791-LW

Document 116-33

Filed 02/04/2008

Page 5 of 10

DEPOSITION EXHIBIT 115

Case 1:05-cv-02791-LW

Document 116-33

Filed 02/04/2008

Page 6 of 10
;

.W{f

W1-4

)0

v J

A Case Report:
THE

HEIMUCH MANEUVER
BY EDWARD A-PATRICK. MD. Ph.D.
n June 22, 1980, 1 was (he phy sician in charge of the busy emergency department at Lima M e m o r i a l Hospital in Lima, O h i o . A two-year-old girl was transported by a rescue squad, arriving in the emer gency d e p a r t m e n t in cardiac arrest, r e s p i r a t o r y arrest and w i t h w i d e l y dilated fixed pupils. One member 01 the rescue squad was performing car diac compression while another mem ber was performing m o u r h - t o - m o u i h resuscitation. The little girl had dis appeared into approximately 25 feei of fresh lake water after the raft occupied by her and her parents had capsized. Her lifeless body floated to the surface after having been submerged approxi mately 20 minutes. An additional 20 minutes elapsed for transportation to the emergency department. (Far left) To evacuate wafer from a cardiac arreit/drownlng portion!, abdominal comprelon may be u w d In the future, however, the Helmllch Maneuver may be fhe preferred procedure. Photo by Mike Schroeoet
EMERQfNCY/OCTOeER 1981 iS

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After near-drowning, the two-year-old girl's airway was blocked with water. The blockage made it impossible to deliver air to the victim's lungs using mouth-to-mouth breathing. Rather, mouth-to-mouth breathing delivered air to the victim's stomach and intestines. The Helmllch Maneuver applied In the emergency department relieved the blockage.

We have proven that the two-yearold girl's airway was blocked with water after n e a r - d r o w n i n g . The blockage made it impossible to deliver air to the victim's lungs using mouth-to-mo'uth b r e a t h i n g . Rather, m o u t h - t o - m o u t h breathing delivered air. to the victim's stomach and intestines. The Heimlich Maneuver applied in the emergency department relieved the blockage. It was proven scientifically that the Heim lich Maneuver caused the water block ing the airway to be expelled. Previously I showed how the Heimlich Maneuver creates potential energy (by decreasing volume and increasing pres sure) which is converted to kinetic en ergy of an obstructing mass. The same model applies in this case when the Recorded notes show the victim ar obstruction is a fluid with mass density. rived .in : the emergency department at A comprehensive review of the litera 2:24 p.m.'and was Intubated at 2:28 p.m. ture about d r o w n i n g is b e y o n d the with a #17 tube. The notes Indicate that scope of this article. Briefly, however, I expel led water through the endo- there are 7,000 deaths annually from ' trachea! tube at 2:28 p.m..At 2:30 p.m. d r o w n i n g in the U n i t e d States and an IV was in place, and I ordered IV 140,000 deaths throughout the world. epinephrlne. A ventricular rhythm even In 1933, Karovick concluded "that the tually-resulted/ and at 2:34. p.m. the blocking effect of water has been the child was defibrillated for the first.time cause of many failures of resuscitation." wlth'50 watt-second.- Sodium blear- Heimlich recommended the Heimlich bonate^was injected IV at 2:32 p.m. Maneuver to expell water blocking the Advanced CPR continued with blood airway. Knopp, on the other hand, in gases.drawn at 2:44 p.m. and a portable dicated that more data is needed before chest X-ray at 2:50 p.m. First blood routine use of the Heimlich Maneuver gases revealed a severe acidosls with to remove aspirated water, although he normal'oxygen and carbon dioxide doesn't directly address airway block levels.. Pupils were still dilated but age, such as in the current case. Spoor slightly reactive to light at 3;15 p.m., developed a protocol for treating drown and systolic blood pressure was BO. The ing which advocates using the Heimlich victim was Intermittently breathing on Maneuver only if airway obstruction her own and was showing Improved appears to be present.

While the nursing staff worked to start an IV, ,J Inserted an oral airway. No air sounds were heard over the lungs, while a respiratory therapist bagged with 100 percent oxygen to a face mask. I imme diately Intubated the girl while observ ing a reservoir of water at and around her vocal chords. An unmeasured amount of water was suctioned from the endotracheal tube immediately after Its inser tion. After attaching the bag and oxygen to the endotracheal tube, bagging, pro duced no air flow sounds over the lungs. I then performed the Heimlich Maneu ver to the victim's abdomen, having identified the area beneath the rib cage and above the umbilicus. Water gushed Into and out the endotracheal .tube. Prior preparation permitted collecting the water, which'-hadcome from the endotracheal tube, and measured to be 20cc. Additional water extracted from the endotracheal tube was estimated to be;l0cc v Upon":application of the Heimlich ManeuyeV'two additional times, sounds, likely'due tp,alrf|dw, were heard coming from the endotracheal tube. Suction throughthe endotracheal. tube at this time removed an unmeasured amount of additional water. After attaching the bag with oxygen to the endotracheal tube, loud airflow sounds were heard over the .left lung, while faint airflow sounds were heard over the right lung, A subsequent X-ray Showed the stomach and Intestines extensively dilated with

with gas. The first rectal temperature revealed hypothermia with temperature less than 95 F. Every aspect of the child's near-drowning and subsequent treat ment has been carefully documented for accuracy. During the next week the child's car diac and respiratory functions remained stable. Neurological function improved during the first five days with the child obtaining purposeful movements, reac tion to pain and an apparent recogni tion of her parents; she also displayed purposeful eye movements. After five days, the EEC revealed evidence of cere bral edema. The victim presented in creasing signs of cerebral edema.

Discussion

J
44 EJkURMNOr/OCTOBER 1981

color at 3:20 p.m. The portable chest X:ray revealed that the victim's stomach and intestines were extensively dilated

In my recently published study of more then 1,400 cases of foreign body airway obstruction, there were five cases

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where (he Heimlich Maneuver was used to treat drowning victims. Although it appeared that the Heimlich Maneuver as successful after other treatments Jd failed, it was not proven that water was dislodged from the lungs (as op posed to the Cl tract) for these five cases.

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Conclusions
Evidence is strong that treatment at the scene for an unconscious, neard r o w n i n g victim should include the Heimlich Maneuver. For the case re ported here, the best initial treatment was the Heimlich Maneuver because v e n t i l a t i o n using m o u t h - t o - m o u t h breathing, an oral airway, or e n d o tracheal intubation did not result in pulmonary ventilation. Determining airway obstruction in an unconscious, non-breathing drowning victim is difficult at the scene. Detecting air sounds from the lungs with a stetho scope using m o u t h - t o - m o u t h , a face mask, or endotracheal intubation In dicates there is not a complete obstruc tion; however, this equipment is not usually available at the scene. As shown in the case reported here, even intuba tion with positive pressure ventilation Hoes not ensure an unobstructed airway, nless it is known that there is no air way obstruction, the Heimlich Maneu ver should be the first treatment for an unconscious drowning victim. Further more, until it is proven that a n o n obstructed airway can be detected in a time period that will not contribute to brain damage, the Heimlich Maneuver should be the first treatment.

Barriers To Using The Heimlich Maneuver

The American Heart Association and American Red Cross have objected to using the Heimlich Maneuver on drown ing victims, especially as the first treat ment. They should cite their objections precisely for scientific analysis. ^Ktheir objection is that the Heimlich Maneuver can expel gastric content with aspira tion into the lungs, then note our study of more than 1,400 reported choking cases [Emergency, July 1980). One of the results noted from this study is that the incidence of vomiting with aspira tion following the Heimlich Maneuver is very low.

and may not fit the circumstances. A fixed treatment sequence is not being recommended, but to scientifically evalu ate treatments and outcomes, it is desir able to define treatment sequences such as the following:

Rich Smith or Billing* Montane, Is guided through the twin water* of the Yellowrlone Rrwc after hit canoe overturned. The case report here is the first time that it has been scientifically proven that the Heimlich Maneuver removed water totally blocking an airway. We are interested in receiving reports of drowning victims including treatment sequence, outcome and circumstances. The questionnaire for reporting choking cases, previously published in Emergency, July, I960, can be used. Include the treat ment sequence using notation such as defined above. D

Treatment Sequence 1. 2, 3. 4. 5. HMM-T-MNext M-T-MHMNext HM-OAFNext OAFHMNext ETIHMNext

Equipment Required At The Scene No No Yes Yes Yes

Additional Research
A fixed treatment sequence for drown ing victims may be difficult to remember

HM: Heimlich Maneuver OAF: Oral Airway with Face Next: Next Treatment in the Sequence M-T-M: Mouth-To-Mouth Breathing ETi: Endotracheal intubation

References are available upon request. Edward A. Patrick, MD, Ph.D, is a professor and director of the Medical Computing '< Laboratory at Purdue University in Indiana. IMHOWCY/OCTOBER 1981 47

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DEPOSITION EXHIBIT 116

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University of Cincinnati

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Information Services Mail Locaiion 65 Cincinnati, Ohio 45221-0065 Phone (513) 475-3346

pp Jo

PUBLICITY ACTIVITIES IN ENGINEERING Sept. 16 - Sept. 27, 1985 Greg Hand, Information Services Contacted by Ernie Hall to do a release on grant proposal for a Center for Mobile Automation. Release issued 9/27. Article appeared in UC this Week. Assisted Cincinnati Business Journal writer Greg Hartel in writing an article on the topic. Referred reporter from Ch. 9 and WLW radio to Boyd Ringo for comments on response of buildings to earthguakes. Put Cincinnati Post business editor Dan Andriacco in touch with Richard Shell for a column on the "de-industrialization" of America. Column appeared in the Post on 10/1. Delivered materials concerning Ed Patrick's research to Cincinnati Post, Enquirer, local offices of Associated Press and United Press International. Followed up with phone calls or personal visits to alert media to Patrick's research which led to the U.S. surgeon General supporting the Heimlich maneuver . Provided Brenda LeMaster with an article on UC for use in conjunction with the ASEE meeting in Cincinnati. Release on Constantine Papadakis, new dean of Engineering. Release issued in conjunction with 9/24 board of trustees meting. Article in UC This Week, Cincinnati Post.

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DEPOSITION EXHIBIT 119

Case 1:05-cv-02791-LW\lDocument 116-34~HFiled 02/04/2008 r Page 5 of 6 ;

Prentice-Hall, Inc.
Business and Professional Books Division Englevvoad Cliffs, N ,1 07632

For Publicity Information, Corttacl: Janis Cohen. Publicity Specialist 201-592-2^89

FOR IMMEDIATE RELEASE

'liUe: ARTIFICIAL INTELLIGENCE WITH STATISTICAL PATTERN RECOGNITION Authors: Dr. Edward A. Patrick & Dr. Janes Fattu f i l l "1 . Scat ion Date: April., 1936

THE INTEGRATION OF ARTIFICIAL INTELLIGENCE WITH STATISTICA1 PATTERN RECOGNITION PRODUCES A UNIQUE EXPERT SYSTEM AND LEARNING SYSTEM

Now you can use a computer to utilize hard data and expert knowledge for making inferences and taking actions based on these inferences. field of knowledge base structures, ft^Mwrj Two well-known experts in the

A. 2'atrick and Dr. James Fattu, show how

toJ^cess_indi,ig8 previously unseen and classify these findings into categories and ailbcategorlM. With this new approach found in ARTIFICIAL INTELLIGENCE WITH STATISTICAL

PATTER* RECOGNITA, classification of multiple categories active at the same time and the handling of dependencies among entries is possible. The primary objective of ARTIFICIAL INTELLIGENCE WITH STATISTICAL PATTERN RECOGNI TION is to integrate methods of knowledge representation and rules of inference from Artificial Intelligence (AI) with the mathematical or probablistic methods from Statis tical Pattern Recognition (SPR) including formal decision theory. A second objective is

to describe two types of operational systems resulting from research and development.

ALf-^-i^^e^^
to make complex inferences
or m u U i p l e c

Systems

These are designed

logical

lasslflcationa

given

>^partlcular

defined In terms of findings. The methods and theory for classification systems applies to .any problem areas '

including medical decision making and in education for the diagnosis of learning disorders. Other applications include: Magnetic Resonance Imaging (MRI), diagnosis of equipment failure, signal recognition ^ o ^ c l t l c ^ ^ ^
U,rV

recognitioTT^lT-

PitFiSSrTfEoIe^TnnrtfSTTgeblogy, f l n ^ k , marketing and more.

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wina (10 CONSULT-I Expert System (R) CONSULT LEARNING SYSTEM Knowledge Base System (R) CONSULT-I i s a g e n e r a l i z e d system for developing expert systems from hard data ( r e c o r d s ) or from the knowledge of experts. it i s b a s e d upon s t a t i s t i c a l p a t t e r n r e c o g n i t i o n w i t h artificial intelligence. The output of CONSULT-I is probabilistic. I t s d e c i s i o n s can b e e x p l a i n e d from i t s k n o w l e d g e baiie r t i s uniquely d i f f e r e n t from t h o s e constructed from production rules (semantic rules containing If/Then propositions). CONSULT-1 i s based on a new theorem of a p o s t e r i o r i p r o b a b i l i t y w h i c h a l l o w s f o r c a t e g o r i e s t o be m u t u a l l y exclusive but s t a t i s t i c a l l y dependent through their features d u r i n g c o n c e p t f o r m a t i o n . U n d e r l y i n g c l a s s e s n e e d n o t be m u t u a l l y exclusive. I t i s a s i g n i f i c a n t d e p a r t u r e from B a y e s t h e o r e m . In the clinical laboratory, CONSULT-1 c l a s s i f i e s the possible causes of anemia b a s e d on a b l o o d count, or thyroid d i s o r d e r s b a s e d on p r e l i m i n a r y s c r e e n , and t h e n s u g g e s t s f u r t h e r confirming tests. In a n o t h e r a p p l i c a t i o n , emergency medicine, CONSULT-I p r o v i d e s a r a n k e d l i s t of d i a g n o s e s o f a b d o m i n a l pain b a s e d upon t h e p a t i e n t symptoms a n d p h y s i c a l exam. In e d u c a t i o n , CONSULT-I p r o v i d e s t h e p r o b a b i l i t y of l a t e r s u c c e s s of a c h i l d o r a d u l t i n r e a d i n g b a s e d upon c u l t u r a l , educational, psychological and raedical p a r a m e t e r s . At P i c k e r I n t e r n a t i o n a l , COHSULT-I is designed to a s s i s t technicians in determining optimal acquisition time and most c o s t e f f i c i e n t s e t t i n g s f o r t h e m a g n e t i c r e s o n a n c e imaging s c a n n e r . (R) T h r o u g h t h e CONSULT LEARNING SYSTEM tCLS) - r e c o r d s a b o u t c a t e g o r i e s of a p r o b l e m c a n be c o l l e c t e d . I n CLS, t h e s e r e c o r d s are processed t o d i s c o v e r k n o w l e d g e - t h a t i s why we c a l l i t a knowledge base system. The p r o b a b i l i t i e s of categories for findings, l e a r n e d v i a CLS, c a n b e u s e d t o t r a i n CONSULT-I. The CLfa, and i t s c o m p a n i o n The OUTCOME ADVISOR (OA), a r e a l s o used for analysis of complex outcomes based upon user specified conditions. M u l t i d i m e n s i o n a l s e n s i t i v i t y and s p e c i f i c i t y c a n be l e a r n e d u s i n g CLS or OA. (R) Because CONSULT-I i s a generalized system, it can be applied to many areas requiring decision making: medicine, education, engineering, troubleshooting, military, etc. Studies have shown t h a t CONSULT-I p r o b l e m s c a n be created by rionknowledge engineers. Medical e x p e r t s can c r e a t e a COHSULT-I expert system by c o l l e c t i n g t h e i r own r e c o r d s i n t h e CLS and ana o f t h e SJSrnuX8 ^ S \Xsis records to train CONSULT-I. CONSULT-I a l l o w s m e d i c a l e x p e r t s t o a p p l y common s e n s e AI rules t o t h e knowledge base t o improve p e r f o r m a n c e . For f u r t h e r information, contact Patrick Consult Ii

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DEPOSITION EXHIBIT 123

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

EDWARD PATRICK, Defendants,

CASE NO. 05 CV 2791 JUDGE LESLEY WELLS

CLEVELAND SCENE PUBLISHING, LLQ el al. Defendant. DEFENDANTS FIRST SET OF COMBINED DISCOVERY REQUESTS PROPOUNDED TO PLAINTIFF EDWARD A. PATRICK, M.D. INTERROGATORIES INTERROGATORY NO. 1: Identify any person(s) with knowledge of your medical

residency at Jewish Hospital between September 1,1975 and August 31, 1976. ANSWER: Mr. Norman Finer, Administrator, Jewish Hospital Mr. Robert Carney, CEO, Jewish Hospital, 1975-1976, Cincinnati Ohio Henry J. Heimlich, M.D., Heimlich Institute, Cincinnati, Ohio Gordon Margolin, M.D., Jewish Hospital, Cincinnati, Ohio Burt Kleinman, M.D., Present Address Unknown Emil Barrows, M.D., Present Address Unknown Oshler, M.D., Present Address Unknown Ronald Fegelman, M.D., Present Address Unknown Dr. Benjamin Felson, Professor of Radiology, University of Cincinnati Henry J. Heimlich, M.D.'s father, Deceased Fellow Female Resident on Coronary Care, Internal Medicine, Name Unknown

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Fellow Male Resident in Internal Medicine going into Neurology, Name Unknown Felix Canestri, M.D. Attending Physician for case of choking on pee soup for patient with CVA in Extended Care when I was on call for medicine, Name Unknown Resident who instructed me in Subclavian Central lines in Intensive Care, Name Unknown See Exhibits Q, YY, FFF regarding residency.

INTERROGATORY NO. 2:

Identify the Chief Resident under whom you worked during

your medical residency at Jewish Hospital between September 1, 1975 and August 31, 1976. ANSWER: I reported to Henry J. Heimlich, M.D. and Gordon Margolin, M.D. when on the internal medicine service as per the appended memorandum. Don't recall reporting to a chief resident exclusively; depending on the service to which I rotated, I reported to different residents.

INTERROGATORY NO. 3:

Identify person(s) with knowledge of your duties and

responsibilities as "Physician In Charge of Clinical Computing" at Jewish Hospital. ANSWER: See Answer to Interrogatory No. 1. Also, See appended letters from Administrator Mr. Norman Finer and Dr. Henry J. Heimlich.

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INTERROGATORY NO. 4:

Identify the person(s) to whom you reported as Physician in

Charge of Clinical Computing at Jewish Hospital. ANSWER: Dr. Henry J. Heimlich and Mr. Norman Finer. See documents in response to Interrogatory No. 3.

INTERROGATORY NO. 5:

Identify all persons with whom you worked in the family

practice residency program at St. Luke's Hospital in Cleveland, Ohio between 1980 and 1984. ANSWER: Dr. Allen C. Nadler, Director Department of Family Practice, Family Practice Residency Program, Present Address Unknown. Dr. Peter Franklin, Present Address Unknown Dr. P.H. Tang, Present Address Unknown Dr. Neil S. Angerman, Present Address Unknown Dr. David M. Paul, Present Address Unknown Dr. Chuck Emmerman, currently Director of Emergency Medicine Residency Program at Metropolitan General Hospital, Cleveland. I introduced him to application of Statistical Pattern Recognition applied to medicine. He and his residents worked with me to apply my techniques to drug overdoes cases at his hospital. He wrote a joint paper with me on this subject, which we published. Peter G. Katona, Sc.D., Chairman Department of Biomedical Engineering, Case Western Reserve University - offer of Professorship in conjunction with position at St. Luke's. Dr. James Fattu, Associate Professor of Medicine, Indiana University School of Medicine Also, see attached documents.

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INTERROGATORY NO. 6:

Identify the person(s) to whom you reported while working

at St. Luke's Hospital in Cleveland, Ohio between 1980 and 1984. ANSWER: Dr. Allen C. Nadler.

INTERROGATORY NO. 7:

Identify anyone with knowledge of your residency training

at the University of Cincinnati between 1975 and 1980. ANSWER: I have never been in a residency at the University of Cincinnati and have never said that I was in a residency at the University of Cincinnati. My residency was at Jewish Hospital in Cincinnati, affiliated with the University of Cincinnati as clearly is identified because many of the attending physicians at Jewish held appointments as medical professors at University of Cincinnati.

INTERROGATORY NO, 8:

Identify

all persons

involved in the design and

implementation of your "special residency in emergency medicine" between 1976 and 1979. ANSWER: The special residency included a special residency arranged as Resident I, which was a one-year rotating residency, outlined in the appended letter from Mr. Norman Finer, Administrator, Jewish Hospital. Dr. Henry J. Heimlich supervised and advised me on setting up the special residency consisting of the Resident I residency, plus several years of the Practice Route as approved by the American Board of Emergency Medicine leading to Board Certification in Emergency J Medicine. Because of the nature of how the Emergency Medicine Boards were not a primary board for 10 years, my Special Residency was approved by the overseeing boards, which included Internal Medicine, Surgery and Pediatrics. See documents for application to take the boards in Emergency Medicme, documents from the American Board of Emergency Medicine,
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and documents attached in response to Interrogatory No. 1, in Exhibits LL and GGG.

INTERROGATORY NO. 9: privileges since 1976. ANSWER:

Identify all hospitals to which you have been granted staff

See appended resumes, Exhibits X, HH, II, JJ, and HHH.

INTERROGATORY NO. 10: worked since 1976. ANSWER: See appended resumes.

Identify all medical staffing firms with which you have

INTERROGATORY NO. 11:

Identify the date, time and location of any and all meetings

you have had with representativesfromthe FBI since the publication of the Scene article at issue in this lawsuit. ANSWER: I have been advised not to discuss meetings I have had with the FBI because of National Security reasons. INTERROGATORY NO. 12: Identify the representative(s) from the FBI with whom you

met at the meetings described in response to the previous interrogatory. ANSWER: I have been advised not to discuss meetings I have had with the FBI because of National Security reasons.

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REQUEST FOR DOCUMENTS REQUEST FOR DOCUMENT NO. ^; RESPONSE: Current C.V. appended (Exhibit HHH) A copy of your current curriculum vitae.

REQUEST FOR DOCUMENT NO 2-

Any and all correspondence between you and the

Ohio State Medical Board from 1976 until the present. RESPONSE: Appended, Exhibits Y, Z, BBB, III

REQUEST FOR DOCUMENT NO. 3r

Any and all correspondence with the editors of the

journal, Emergency, or any other medical journal regarding the Lima case as referred to on the Patrick Institute website. RESPONSE: Ed will supplement t h i s answer.

REQUEST FOR DOCUMENT NO 4co-authored which discussed the Lima case. RESPONSE: See Exhibits J J J through V W ,

Copies of any and all articles you have authored c

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REQUEST FOR DOCUMENTS NO. fr All hospital records in your possession relating to the Lima case. RESPONSE: See Exhibits J J J through V W .

REQUEST FOR DOCUMENTS NO. 6: Board of Emergency Medicine. RESPONSE:

Your application for certification to the American

See Plaintiff's Initial Disclosures, Exhibit CCC.

REQUEST FOR DOCUMENTS NO. 7: American Board of Emergency Medicine. RESPONSE:

Any and all correspondence between you and The

See Plaintiffs Initial Disclosures, Exhibit CCC.

REQUEST FOR DOCUMENTS NO Any and all correspondence between you and The Academy of Emergency Physicians. RESPONSE: I am not aware of any correspondence that I have had with the Academy of Emergency Physicians.

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REQUEST FOR DOCUMENTS NO. Q; Copies of all applications you have submitted to any state medical boards for licenses to practice medicine in those states. RESPONSE: See attached Exhibits.

REQUEST FOR DOCUMENTS NO in- Any and all documents relating to your medical residency at the Jewish Hospital in Cincinnati, Ohio between September 1, 1975 and August 31,1976. RESPONSE: See d o c u m e n t s for Interrogatory 1.

REQUEST FOR DOCUMENTS NO. 11 Any and all documents relating to your grant from the National Science Foundation to conduct research on pattern recognition applied to medicine between 1974 and 1977. RESPONSE: See attached Exhibits.

REQUEST FOR DOCUMENTS NO n ? Any and all other documents you believe bear on the truth or falsity of the Scene article at issue in this lawsuit. RESPONSE: Objection. Overly broad and burdensome. Without waiving objection, see d o c u m e n t s otherwise attached hereto and included in P l a i n t i f f s Initial Disclosures.

472021-1

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

EDWARD PATRICK, Defendants,

CASE NO. 05 CV 2791 JUDGE LESLEY WELLS

CLEVELAND SCENE PUBLISHING, LLC, etal. Defendant. DEFENDANTS FIRST SET OF COMBINED DISCOVERY REQUESTS PROPOUNDED TO PLAINTIFF EDWARD A. PATRICK, M.D. REQUESTS FOR ADMISSION REQUEST FOR ADMISSION NO. 1 ; AHrr.it that you obtained your first medical license from the State of Indiana on August 10, 1976. ANSWER: Admit.

REQUEST FOR ADMISSION NO 1> AHn,ir that you took the FLEX exam in Indiana on J u n e 15-17, 1976. ANSWER: Admit.

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REQUEST FOR ADMISSION NO. 3; Admit that you were not a resident at Jewish Hospital at any time. ANSWER:

surgical

Denied. My residency at Jewish Hospital from 1975 to 1976 was Residency I based in the Department of Surgery. As outlined in the Memo by Mr. Finer, I rotated through Surgery for 4 months and the Emergency Department for 1 month.

REQUEST FOR ADMISSION NO * Admit residency in emergency medicine. ANSWER:

that

you

did

not

complete a

Denied. There was no formal "residency" in Emergency Medicine. Rather, I completed a special residency using the "Practice Route". The special residency included a special residency arranged as Resident I, which was a one-year rotating residency, outlined in the appended letter from Mr. Norman finer, Administrator, Jewish Hospital. Dr. Henry J. Heimlich supervised and advised me on setting up the special residency consisting of the Resident I residency plus several years of the Practice Route as approved by the American Board of Emergency Medicine leading to Board Certification in Emergency Medicine. On application for Ohio medical license, note statement, "Completed Residency September 1976." Because of the nature of how the Emergency Medicine Boards were not a primary board for 10 years, my Special Residency was approved by the overseeing boards, which included Internal Medicine, Surgery, and Pediatrics. REQUEST FOR ADMISSION NO. S? Admit that you did not participate in a medical residency program at Purdue University. ANSWER: To my knowledge, there never was a medical residency program at Purdue University. Any implication t h a t I claimed to have been in a medical residency at Purdue University is erroneous.

472021-1

I0

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REQUEST FOR ADMISSION NO. 6: Admit that you did not participate in a medical residency program at Deaconess Hospital in Cleveland, Ohio. ANSWER: To my knowledge, or aware that one claimed to have Cleveland, Ohio is a Deaconess Hospital in Cleveland, Ohio does not exist, ever has a residency program. Any implication that I been a medical resident at Deaconess Hospital in erroneous.

REQUEST FOR ADMISSION NO. 7 ; Admit that you were conducting research under a grant from The National Science Foundation between February 1, 1974 and January 31, 1976. ANSWER: Admit. However, the grant involved the practice of medicine in my residency at Jewish. My grant from the NSF involved application of my Statistical Pattern Recognition techniques to data collected on the coronary care unit at Jewish Hospital. Assisting me were medical residents on the coronary care unit and Dr. Gordon Margolin. REQUEST FOR ADMISSION NO ; A r W that you were a full professor in electrical engineering at Purdue University in 1975 and 1976. ANSWER: Admit.

REQUEST FOR ADMISSION NO Q- AHrr.it that you were born on October 10, 1937. ANSWER: Denied. I was born on October 7, 1937.

472021-1

11

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REQUEST FOR ADMISSION NO. 10:

Admit that,

on more

than

one

occasion, you have submitted October 10, 1947 as your birthday. ANSWER: Denied. While I am responsible for others who may have mistakenly reported by birth date, I never made those representations myself. However, errors were made in reporting my birthday as October 7, 1947. Years before the subject Cleveland Scene article, I had made efforts to correct the flattering errors.

REQUEST FOR ADMISSION NO. 11:

Admit that you were not paid in

your position as Associate Professor of Community Health Sciences at Indiana University School of Medicine. ANSWER: Denied.

REQUEST FOR ADMISSION NO. 12: employed by the Heimlich Institute. ANSWER;

Admit that you have never been

Denied. I was considered the Heimlich Institute's Medical Director with regard to data analysis. However, I was never in a paid position. Respectfully submitted,

N. JJejfrey BlankenSfiip (0029634) MONOHAN & BLANKENSHIP 7711 Ewing Boulevard, Suite 100 Florence, Kentucky 41042 (859)283-1140 (859) 283-5155 (Fax) ieff@kyattys.com Attorney for Plaintiff
472021-1

12

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Certificate

of Service

I hereby certify that this / day of November, 2006, I mailed and/or faxed a copy of the foregoing to all involved parties or their attorney of record. cc: ( Kenneth Zirm, Esq. Walter & Haverfield, LLP The Tower at Erieview 1301 East Ninth Street, Suite 3500 Cleveland, Ohio 44114-1821
\at_winword\blankenship\business litigation\patrick,ed\pleadings\responses to discovery requests

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VERIFICATION Comes now, EDWARD PATRICK, and states the foregoing Responses to Discovery Requests and the statements made therein are true and correct.

EDWARD PATRICK COMMONWEALTH OF KENTUCKY ) COUNTY OF BOONE ) Subscribed and sworn to before me by EDWARD PATRICK, this IS**1 day of November, 2006. My Commission Expires: N o v . l l , 2 o n q 1)cLnu JJ<JW ^nrihUJ&t NOTARY PUBLIC State at Large - KY

Case 1:05-cv-02791-LW

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Page 1 of 21

DEPOSITION EXHIBIT 129

Case 1:05-cv-02791-LW

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Page 2 of 21

January 25, 1979

fa
K j)

Henry J. Heimlich, M . D . P r o f e s s o r of Advanced Clinical Sciences Xavier University Victory Parkway Cincinnati, Ohio 45207 Re: Edward A. P a t r i c k , M . D . Dear Doctor Heimlich: The above named physician has made application to Dearborn County Hospital for Emergency Medical Staff with privileges in Emergency Medicine. On his application he stated that he served his internship under you in 1975 at Jewish Hospital and hi residency in Surgery from 1975 to 1977 at the University of Cincinnati Medical Center. Would you kindly verify the above and supply us with pertinent infor mation concerning Doctor P a t r i c k ' s professional and ethical standing during his affiliation with you. Thanking you in advance for a sincere prompt reply, I a m Sincerely yours,

V^7

P . Donald Muhlenthaler Executive Director PDM:jb

AJUC&

%/'*7?J>

Dearborn 00026

-*igCase>1:05-cv-02791-LW

Document 116-36

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avier University Victory Parkway Cincinnati, Ohio 45207 (513) 531-1063 HENRY J. HEIMLICH, M.D, Professor of Advanced Clinical Sciences

March 1 , 1979

Mr. P. Donald Muhlenthaler Executive Director Dearborn County Hospital 600 Wilson Creek Road Lawrenceburg, Indiana 47025 Dear Mr. Muhlenthalerr Regarding:

(,

Edward A. Patrick, M.D.

Dr. Patrick served his year of surgical residency at Jewish Hospital in Cincinnati when I was director of surgery. He was a brilliant physician, and his professional and ethical standing was of the highest caliber. I have no hesitation in rec ommending him to you. Sincerely,

ich,

M.D,

mal
/

RECEIVED MAR 8 1979 Jte'd

Dearborn 00025

Case 1:05-cv-02791-LW

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DEPOSITION EXHIBIT 141

Case 1:05-cv-02791-LW

Document 116-36

Filed 02/04/2008

Page 5 of 21

Medical Doctor Associates, Inc. 145 Technology Parkway N.W Norcross, Georgia 30092

Locum Tenens Yearly Pay and Tax Summary

Edward A. Patrick, M.D. 11322 Loftus Lane Triple Crown Area Union, KY 41091 Check # 4S477 48382 48962 47550 47853 49777 49732 53471 53472 567B9 57338 57606 57787 57841 58050 58061 58358 58427 58654 58759 59025 59151 59498 59578 60018 60246 60519 60871 61838 62169 62160 62467 63043 63238 63737 63898 63973 63978 64181 64132 64249 55023 65058 65423 65424 65491 65500 66430 66481 66971 67458 Check Date 1/11/2000 1/2 672000 2/2/2000 2/15/2000 2/24/2000 4/19/2000 4/19/2000 9/8/2000 9/8/2000 1/5/2001 1/30/2001 2/8/2001 2/20/2001 2/22/2001 3/5/2001 3/5/2001 3/12/2001 3/16/2001 3/22/2001 3/27/2001 4/9/2001 4/16/2001 4/30/2001 5/3/2001 5/17/2001 5/24/2001 6/7/2001 6/19/2001 7/24/2001 8/3/2001 8/3/2001 8/15/2001 9/6/2001 9/10/2001 9/28/2001 10/4/2001 10/8/2001 10/8/2001 10/18/2001 10/18/2001 10/19/2001 11/13/2001 11/15/2001 11/30/2001 11/30/2001 12/3/2001 12/3/20C1 1/7/2002 1/7/2002 1/21/2002 2/6/2002

Provider ID: 62 SSN/TAX ID: 234-56-8667 For: 01/01/2000 to 05/30/2007

Client Trover Clinic Foundation Trover Clinic Foundation Trover Clinic Foundation Trover Clinic Foundation Trover Clinic Foundation Ohio State University Hospital East Westlake Regional Hospital Westlake Regional Hospital Westlake Regional Hospital Deaconess Hospital Deaconess Hospital Deaconess Hospital Deaconess Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Welrton Medical Center Weirton Medical Center Weirton Medical Center Deaconess Hospital Deaconess Hospital Weirton Medical Center Weirton Medical Center Weirton Medical Center Weirton Medical Center Weirton Medical Center Sterling Health Care Sterling Health Care Sterling Health Care Sterling Health Care Sterling Health Care Sterling Health Care Sterling Health Care Sterling Health Care TearnHealth Southeast TeamHealth Southeast Team Health Southeast Sterling Health Care Sterling Health Care TeamHealth Southeast Sterling Health Care Sterling Health Care Sterling Health Care Sterling Health Care Sterling Health Care Sterling Health Care Sterling Health Care Sterling Health Care Sterling Health Care Sterling Health Care Sterling Health Care

Taxable Amount Check Amount 5,520.00 6,226.68 3,500.00 3,665.75 3,700.00 3,862.50 3,600.00 3,762.50 3,600.00 3,762.50 1,000.00 1,078.00 1,300.00 1,951.07 1,800.00 1,800.00 1,800.00 1,975.50 1,111.60 1,267.60 2,550.00 2,550.00 258.10 462.34 5,550.00 6,372.30 2,160.00 2,150.00 1,035.00 1,339.98 0.00 433.52 5,115.00 5,115.00 5,335.00 5,335.00 3,960.00 4,167.00 2,700.00 2,736.00 2,650.00 2,686.00 5,500.00 5,684.30 5,500.00 5,707.00. 5,390.00 5,597.00 2,750.00 3,708.05 5,335.00 6,183.54 2,707.20 2,879.70 2,592.00 2,764.50 1,920.00 2,070.52 1,988.50 2,109.56 1,728.00 1,900.50 3,920.00 4,198.54 2,880.00 2,880.00 114.88 159.73 1,440.00 1,502.10 1,980.00 2,134,73 3,060.00 3,214.70 0.00 233.69 972.00 972.00 1,450.00 1,512.10 0.00 138,00 2,592.00 2,592.00 0.00 232.00 0.00 223,94 1,983.86 1,933.88 1,836.00 1,836.00 0.D0 223.94 0.00 363.98 4,104.00 4,104.00 1,008.00 1,008,00 648,00 648.00

MDA019

Case 1:05-cv-02791-LW

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Page 6 of 21

Medical Doctor Associates, Inc. 145 Technology Parkway N.W Norcross, Georgia 30092

Locum Tenens Yearly Pay and Tax Summary

Edward A. Patrick, M.D. 11322 Loftus Lane Triple Crown Area Union, KY 41091 Check # 67571 67589 67690 68496 68497 68498 68499 68741 68844 68846 68969 69193 72124 72448 72629 73223 73270 73543 73606 73839 74129 74557 74558 74620 74653 75216 75217 75284 75667 75783 75790 76326 76535 76768 77068 77490 77790 78284 78969 79115 7914S 79392 79509 79858 80264 80570 80868 81025 81700 82222 82429 Check Date 2/8/2002 2/14/2002 2/14/2002 3/13/2002 3/13/2002 3/13/2002 3/13/2002 3/20/2002 3/25/2002 3/25/2002 3/26/2002 4/3/2002 4/25/2002 5/2/2002 5/8/2002 5/29/2002 5/30/2002 6/6/2002 6/10/2002 6/18/2002 6/26/2002 7/9/2002 7/9/2002 7/12/2002 7/15/2002 7/29/2002 7/29/2002 7/31/2002 8/12/2002 8/14/2002 8/14/2002 8/29/2002 9/5/2002 9/13/2002 9/19/2002 10/3/2002 10/11/2002 10/24/2002 11/14/2002 11/19/2002 11/20/2002 11/26/2002 12/3/2002 12/12/2002 12/24/2002 1/7/2003 1/14/2003 1/16/2003 2/5/2O03 2/24/2 003 2/28/2003 Client Sterling Health Care Sterling Health Care Sterling Health Care Williamson Memorial Hospital Williamson Memorial Hospital Sterling Health Cars Sterling Health Care Williamson Memorial Hospital TeamHealth Southeast Sterling Health Care Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Wayne County Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Wayne County Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Wayne County Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Wayne County Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Westlake Regional Hospital Williamson Memorial Hospital Westlake Regional Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital Williamson Memorial Hospital

Provider ID: 62 SSN/TAX ID: 234-55-3857 For: 01/01/2000 to 05/30/2007

Taxable Amount Check Amount 0.00 182.50 1,728.00 1,728.00 0.00 380.33 2,160.00 2,640.50 3,330.00 4,510.40 864.00 864.00 0.00 301.18 4,230.00 5,406.72 0.00 84.00 0.00 92.60 4,320,00 5,488.27 3,240.00 4,442.49 6,480.00 8,481,61 4,320.00 5,489.20 0.00 1,095.50 2,160.00 2,160.00 2,160.00 2,160.00 4,410.00 5,658.43 6,840.00 8,788.88 4,860.00 5,027.90 2,160.00 2,160,00 3,456.00 3,675.00 3,105.00 3,324.00 5,940.00 6,195.50 3,375.00 3,594.00 3,492.00 3,930.00 2,205.00 2,460.50 4,320.00 4.320.00 2.295.00 3,522.58 5,535.00 5,843.20 960.00 969.50 4,410.00 4,758.22 4,050.00 5,017.30 3,240.00 5,089.94 1,764.00 2,025.62 5,400.00 7,327.58 2,160.00 3,073.47 6,480.00 8,507.60 3,240.00 4,218.54 8,374.75 8,537.29 87600 1,040.25 3,240.00 4,265.22 89425 }, 133.22 3,320.66 4,307.36 3,240.00 4,277.61 4,320.00 5,300.21 3,780.00 4,886.75 3,240.00 4,181.35 6,480.00 7,405.62 3,240.00 4,196.15 3,240.00 4,192,23

MDA 020

Case 1:05-cv-02791-LW

Document 116-36

Filed 02/04/2008

Page 7 of 21

Medical Doctor Associates, Inc. 145 Technology Parkway N.W Norcross, Georgia 30092

Locum Tenens Yearly Pay and Tax Summary

Edward A. Patrick, M.D. 11322 Loftus Lane Triple Crown Area Union, KY 41091 Check# 82873 33347 83520 84455 85315 85716 89939 90556 117167 117168 119227 119228 138218 138943 139542 140578 141239 141571 142363 142891 143691 144232 145157 Check Date 3/12/2003 3/26/2003 4/1/2003 4/25/2003 5/19/2003 5/29/2003 9/8/2003 9/23/2003 8/23/2005 8/23/2005 10/7/2005 10/7/2005 12/21/2006 1/9/2007 1/19/2007 2/16/2007 3/2/2007 3/7/2007 3/29/2007 4/5/2007 4/23/2007 5/3/2007 5/23/2007

Provider ID: 62 SSN/TAXID: 234-56-8867 For 01/01/2000 to 05/30/2007

Client Taxable Amount Check Amount Williamson Memorial Hospital 6,480.00 3,334.46 Williamson Memorial Hospital 3,240.00 4,232.63 Williamson Memorial Hospital 2,160.00 3,078.83 Williamson Memorial Hospital 3,780.00 4,829.75 Williamson Memorial Hospital 2,160.00 3,128.78 Williamson Memorial Hospital 3,240.00 4,255.56 Jackson County Emergency Physicians, P.C. 2,520.00 3,013.53 Jackson County Emergency Physicians, P.C. 840,00 1,233.97 Sterling Healthcare 2,775.00 3,079.11 Sterling Healthcare 2,700,00 3,004.11 Sterling Healthcare 2,700.00 2,573.89 Sterling Healthcare 900.00 1,093.57 Chinie Indian Hospital 7,320.00 7,320.00 Chinle Indian Hospital 8,967.00 8.967.00 Chinie Indian Hospital 7,320.00 7,320.00 Team Health 6,240.00 6,722.28 Team Health 18,749.49 20,797.91 Chinle Indian Hospital 6,100.00 6,100.00 Chinle Indian Hospital 2,928.00 2,928.00 Team Health 2,080.00 2.080.00 Chinle Indian Hospital 4,160.00 5,028.41 Team Health 5,200.00 5,200.00 Team Health 14,100.81 14,427.65

Totals; s; $401,738.91 $459,008.07 This report is the summary of the checks issued to you for the period indicated above. Please take this opportunity to compare this statement with your records. We are happy to work with you to make any wc.sary clarifications. The tax information presented may assist you with your quarterly tax deposit please consult your tax advisor). ;; you have questions, please contact your consultant or your accounting representative We hope that you rid this statement helpful and we look forward to working with you in the future. Total amount paid by MDA: Amount reported to IRS as taxable income: $459,006.07 $401,738.91

MDA 021

Case 1:05-cv-02791-LW

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Page 8 of 21

DEPOSITION EXHIBIT 148

Document 116.-36 pAY&TS n C a 1:05 cv-02791-LW - : L <a * 0 I t Rents d a! C D 0rAssoa es" * code, andtelephoneno. ?fe T. h ' ? ' ' ""lnc
Norcross, GA 30092
3 Other income

Filed 02/04/2008
2 Royaltie:

Page 9 of 21
OMB No. 1545-0115

r-ederal i n c o m e tax w i t h h e l d "

2005
Form 1099-MISC

(800)

948-0536
I KfcCtPIENTS identification"number

| PAYER'S reoeral identification number"

P^^^^
7 NonBmpfoyee compensation

~"'-'ww3
8 Substitute payments in lieu of I dividends or interest 10 Crop insurance proceeds

58-1761269
RECIPIENTS name"

234568867
9

Miscellaneous income
Copy B - For Recipient . This is important tax information and is being furnished to the internal Revenue Service. If y o u are required to file a return, a negligence penalty or other sanction may be imposed on you if this income is taxable and the SKS determines that it has not been reported.

9075.00
? | K , m a * > direct sales of

Edward Patrick Triple Crown Area 11322LoftusLane Union, KY 41091

15,000 or more of consumer products lo a buyer (recipient) for resab

Account number (see instructions)

62
Form 1099-MISC

(keep for your records)

S 5 S

> ^

'

e a

-V -S 3

Revenue Service"

Instructions to Recipients - 1099-MISC (2005)

income from seff-emotovmenfk S n n t 0 S E i f - f ! m Ployment (SE) tax Jf VDurnet your SE tax on S c t a S S K ^ , ^ ^ ^ " ? - t u r n a * T ~ E more information. If no h e S n e n r L i S i S S e ? P u b - 533 > Self-Emplovment T r l .forma on on how to report any & ta'nWurn. '
M u a m

ffig

& & *
a

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of youf

Report on the S

tai of yoursecunSs.

Box W. R e p o r , , a m o u n , m ^

Qf

t h e r taxable income* See Pub K S T a i ^ f ^ ^ ^ 6 5 ' l n d i a n 9 a ng profits o r ^ ! U 5 , n e s s . l n r o n l B . - P r t t h i s a m o u n t o n Sched,,,r " ' ^ l e Inoome.Jf it is trade or Box 4. Shows backup wi1hhnHi ~ a l ' C _ E Z ' or F F o 1040), a payer must backup'SKoS at a 2 8 ^ 1 ' * " 9 o n l n d t a n 9 a "9 P " * * L n b t d e n t f e t t a n number 3 Fom w l R e ^ / J t " ? d not furnish Jour S p a y e ? y '

Bra114. Shows gross proceeds n air j t o T ^

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* where to report.

nonqualified ^ S e 5 m p f n ! l f i D n l l r J O r ^ 1 n 0 , n e m p , l o y e e u "der a section 409A pnoryear deferrals m u s t T o be reported ' P a a toy eammSs SSrrtSd

Tax Highlights for Commercial Fishermen

Rnv C t
J.

l F o m , 1W0

> - See Pub. 595,

* * does not

Box 6. Report on Schedule C or C-EZ {Form 1040).

_ _ .

Boxes 16-1 B .Sh 0W s state

C O R R E C T E D (if cnecked)

145 Technology Parkway NW" Norcross, GA 30092 948-0536

PAYER'S Federal identification number

_J3!3j:r76]L2_69
RECIPIENTS name

Edward Patrick Triple Crown Area 11322 Loftus Lane Union, KY 41091

pma Revenue Servia

Patrick 01393

Case 1:05-cv-02791-LWiD Document 116-36

P A Y E E ' S name, street address, city, state, and ZIP code. 1 Rents

Filed 02/04/2008
OMB No. 1545-0115

Page 10 of 21

$
TIVA HPAI T H r A D C 1 1VA D U A L 1 n l j f t K C

1613 N. HARRISON PARKWAY SUITE 200, BUILDING C SUNRISE FL 33323 838-2398

P A Y E R ' S Federal identification number RECIPIENTS identification number

2 Royalties

2005
Farm1099-MISC
4 Federal income tax withheld 6 Medical and health care payments

$
3 Other income

Miscellaneous Income
Copy A For Internal Revenue Service Center file with Form 1096. For Privacy Act and Paperwork Reduction Act Notice, see the 2004 General Instructions for Forms 1099,1098, 5498, and W-2G.
13 State income

5
5 Fishing boat proceeds

04-3721686
R E C I P I E N T S name

23-456-8863 $
7 Nonemplcyee compensation

$
8 Substitute payments in lieu of dividends of Interest

EDWARD A. PATRICK, M.D.

51245.00 $

S t r e e t address (including apt no.)

11322 LOFTUS LANE

City, s t a t e , and ZIP code

9 Payer made direct sales of 55,000 or more of consumer products to a buyer (recipient) for resale >

10 Crap insurance proceeds

.IS.:*'

;;r^';!:^;;::::

UNION
A c c o u n t number (optional]

KY41091
2 n d TIN Not.

D
15

13 Excess garden parachute payments

14 Gross proceeds paid to an attorney

$
1S state tax withheld

s
17 State/Payer's state n a .

$ S Form 1099-MISC
41-1628061

s $
Department of the Treasury - Internal Revenue Service

Patrick 01394

Case 1:05-cv-02791-LW

Document 116-36ckeFiled 02/04/2008

1 Rents OMB No. 1545-0115

Page 11 of 21

PAYER'S n a m e , street address, city, state, ZIP code, and telephone no.

INTER. IM PHYSICIANS NETWOSK INC 1601 SAWGRASS COSP PKWY SUNRI SE FL 33323 04/TC*C/2005/4/QQ278
PAYER'S Fiederal Identification number

(954)858-2812

1.
2 Royalties

05
Form 1099-MISC
4 Federal Income tax withheld

Miscellaneous Income

1_
3 Other income

/001890 $
5 Rshing boat proceeds 6 Medical and health care payments

RECIPIENT'S identification number

2 2 - 2 4 93454
RECIPIENT S name

Copy 2

254-56-8867

i
7 NonemplDyee compensation 8 Substitute payments in lieu of dividends w interest

ED PA-TRICK MD

Street a d d r e s s [including apt. no.)

s
9

28610.00

113 2 2 LOFTUS LANE

City, state, and ZIP code

Payer made direct sales of 10 Crop insurance proceeds $5,000 or more of consumer products to a buyer (recipient) for resale * Q

i_

To be filed with recipient's slate income tax return, when required.

UNIOWrKY 4 1 0 9 1
Account n u m b e r (see instructions) 13

12 1 : l :;: '

l^BHr
'" ' ' * ' " : ^ . '
:

"

' -

:: :
: :

" \.:-r: '.,.:

Excess golden parachute 14 payments

Gross proceeds paid to an attorney

00189004/TQG
15a Section 409A deferrals 15b Section 409A income

1.
16 State tax withheld 17 State/Payer's state no. 18 State income

GA

A.
F o r m 1099-MISC

L
Department of the Treasury - Internal Revenue Service

CORRECTED (if checked)

1 Rents OMB No. 1545-0115

PAYER'S n a m e , street address, city, state, ZIP code, and telephone no.

INTERIM PHYSICIANS NETWORK INC 1 6 0 1 SAWGRASS CORP P K W Y SUNRISE FL 33323 0 4 / T Q G / 2 0 0 5 / 4 / 0 0 27 B

PAYER'S Federai identification number

1_
:954)358-2812
2 Royalties

i05
Form 1099-MISC
4 Federal income tax wilhheld

Miscellaneous Income

$
3 Other income

/001B90

$
5 Rshing boat proceeds

RECIPIENT'S identification number

Copy B For Recipient

6 Medical and health care payments

22-2493454
RECIPIENT'S name

254-56-8B67

i.
7 NonemplDyee compensation B Substitute payments in lieu of dividends or interest

ED PATRICK M D

Street address (including apt. no.)

s
9

28610.00

1132 2 LOFTUS LANE

City, state, and ZIP code

Payer made direct sales of 10 Crop insurance proceeds $5,000 or mote of consumer products to a buyer (recipient) for resale [_

. '
13

';

UNION,KY 4 1 0 9 1
Account number (see instructions) Excess golden parachute 1 4 Gross proceeds paid to payments an attorney

00189004/TQG
15a Section 409A deferrals 15b Section 409A income 16 State tax withheld

17

i . State/Payer's state nQ.

GA

This is important t a x information a n d is being furnished t o t h e Internal R e v e n u e Service. If y o u a r e required to file a return, a n e g l i g e n c e penalty o r o t h e r sanction may b e i m p o s e d o n y o u if this i n c o m e is taxable a n d t h e IRS determines t h a t it has n o t b e e n reported. 1S State income

_L
Form 1 0 9 9 - M I S C

s
(keep for your records)

i.
Department of the Treasury - Internal Revenue Service

Patrick 01395

Case 1:05-cv-02791-LW
NES KENTUCKY, INC. 3724 National Drive Ste 109 Raleigh, NC 27612

Document 116-36^wFiled 02/04/2008

0MB No. 1545-0115

Page 12 of 21 Miscellaneous Income

Copy B For Recipient

PAYER'S n arne, street address, city, state. ZIP cade, and telephone no.

2 Royalties

2005
Form 1099-M ISC 4 Federal income tax withheld S Medical and health care payments

3 Other incoma

(919) 510-5500 x200

PAYER'S Federal identification number RECIPIENTS identification number 5 Fishing boat proceeds

56-1919731
RECIPIENTS name

234-56-8867
7 Nonempbyee compensation 8 Substitute payments in lieu of dividends or interest This is important lax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may he imposed on you if this income is taxable and the IRS determines that it has not been reported. 18 State income I

Patrick, Edward, MD 11322 Loftus Lane UNION, KY 41091

86212.50
9 Payer made direct sales of $5,000 or more of consumer products to a buyer (recipient) for resale 10 Crop insurance proceeds

Account number (see fnstnjctiansj

13 Excess golden parachute payments

14 Gross proceeds paid to an attorney

15s Section 4Q9A deferrals

15b Section 4Q9A income

16 Slate lax withheld

17 Stale/Payer's stats no.

(
S Form 1 0 9 9 - M I S C (keep for your records)

Department of the Treasury- Internal Revenue Service

Patrick 01396

Case 1:05-cv-02791-LW

Document 116-36cneFileid 02/04/2008

1 Rents OMB No. 1545-0115

Page 13 of 21 Miscellaneous Income

PAYER'S name, street address, city, state, ZIP code, and telephone no.

:>VtK>~A HBAE.TKCARB STAFF: 3K5, iMC l i * 5 CONCORi; Vri^AC-8 AV5HVE

$
2 Royalties

105
Form 1 0 9 9 - M I S C 4 Federal income tax witMeld

Other income

Copy

PAYER'S Federal identification number

RECIPIENTS identification number

s5
$
7

For Recipient Fishing boat proceeds 6 Medical and health care payments

< * ' * , :

RECIPIENT'S name, address, and ZIP code

Nonemplcyee compensation

S Substitute payments in lieu of dividends or interest

|$
9

< -?$oo.'.;o|$
Payer made direct sales of 10 Crop insurance proceeds 55,000 or more of consumer products to a buyer (recipient) for resale j _

Account number (see instructions)

rutow

13

Excess golden parachute 14 payments

Gross proceeds paid to an attorney

l$
15a Section 409A deferrals 15b Section 40SA income 16 State tax withheld

This is important tax information and is being furnished to the Interna! Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if this income is taxable and the IRS determines that it has not been reported. 1B State income $

17

State/Payer's state no.

i_
Form 1099-MISC

.1
(keep for your records)

A.
Department of the Treasury - Internal Revenue Service

Patrick 01397

Case 1:05-cv-02791-LW

Document 116-36

Filed 02/04/2008

Page 14 of 21

^s[de&y-^~

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:

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Case 1:05-cv-02791-LW

Document 116-36

Filed 02/04/2008

Page 15 of 21

DEPOSITION EXHIBIT 150

Case 1:05-cv-02791-LW

Document 116-36

Filed 02/04/2008

Page 16 of 21

n PAYER'S name, street address, city, stale. ZIP code, and telephone no.

CORRECTED (if checked) 1 Rents OMB Mo-1545-0115

NES KENTUCKY, INC. 3724 National Drive Ste 109 Raieigh, NC 27612

2 Royalties

2006
Form 1099-MISC 4 Federal income tax withheld 6 Medical and health care payments

Miscellaneous Income
Copy B For Recipient

3 Other income

(919) 510-5500x200
PAYER'S federal identification number RECIPIENTS identification number 5 Fishing boat proceeds

56-1919731
RECIPIENTS name

234-55-3857
7 Nonemployee compensation 3 Substitute payments in lieu of dividends or interest This is important tax information and is being furnished to the Internal Revenue

Patrick, Edward, MD 11322 Loftus Lane Union, KY 41091

142080.00
10 Crop insurance proceeds 9 Payer made direct sales of I5.DO0 or mere of consumer products to a buyer ^__^ {recipient) for resale

Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if this income is

Account number (see instructions)

13 Excess golden parachute payments

seds paid to

taxable and the IRS determines that it has not been reported. 13 State income

15a Section 409A deferrals

15b Section 409A income

16 State tax withheld

17 State/Payers state no.

Form 1 0 9 9 - M I S C

(keep for your records)

Department of tiie Treasury - Internal Revenue Service

Patrick 0 1 3 M

Case 1:05-cv-0279y1-LW

Documennfl16-;B6
P3

Filed 02/04/2008

ALLEN GUTHRIE MCHUGH & THOMAt, P . 0 . BOX 3394 CHARLESTON, WV 2 5 3 3 3 - 3 3 9 4 (304)345-7250

2 Royalties

06

Page 17 of 21 Miscellaneou Incom

Copy
For Rectpie

$
3 Other income

Form1099-MISC
4- Federal income tax withheld!

PAYER'S federal identification number

RECIPIENTS identification number

5 Fishing boat proceeds

6 Medical and health care payments

55-0614637
RECIPIENTS name

234-56-8867

7 rJonemptoyee compensation

8 Substitute payments in lieu of dividends or interest

EDWARD A. PATRICK
1 0 0 0 . 0CD $
Street address (including apt. no.) 9 Payer made direct sales of 10 Crop insurance proceeds $5,000 or more of consumer products to a buyer (recipient) for resale | 1 1 1 !

113 22

LOFTUS

LANE

City, state, and ZIP code

TTM-mN.

XY

41091

Account number (sea instructions)

13 Excess golden parachute 14 Gross proceeds paid to an attorney payments

This is important information am being furnishec the Internal Rever Service. !f you required to fil return, a negligei penalty or 01 sanction may imposed on yc this incom taxable and the determines th has not b repor

15a Section 409A deferrals

15b Section 409A income

16 State tax withheld

17 State/Payer's state no.

16 State income

WV $ Form 1099-MISC .

55-0614637_

(keep for your records)

Department of the Treasury Internal Revenue Se>

Patrick 01400

Medical D C a Associates, Inc 145 Technigse 1 : 0 5 - c v - 0 2 7 9 1 - L W Norcross.GA 30092

Document 116-36
5 Fishing boat proceeds

/2008^. Page 18 of 2 1 6
Form 1099-M1SC
6 Medical 5 health care payments

[300)

948-0536
RECIPIENTS identification r 7 Nonemployee compensation

s
3 Substitute payments in lieu of dividends or interest 10 Crop insurance proceeds S 12 ''< 14 Gross proceeds paid to an attorney S 15b Section 4D9A income S

Miscellaneous Income
Copy B - For Recipient This is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if this income is taxable and the IRS determines that it has not been reported. 1 & State Income

" IYER'S federal identification number

20-3971061
RECIPIENTS name

23456B867

7320.00

Edward Patrick A Triple Crown Area 11322 Loftus Lane Union, KY 41091

9 Payer made direct sales of $5,000 or more of consumer products to a buyer (recipient) for resale_

&$Sx:V>}-'

13 Eacess golden parachute payments 15a Section 409A deferrals

Account number (see instructions)

16 State tax withheld

17 Slate/Payer's state no.

62
Form 1099-MISC

(keep for your records)

Department of the Treasury - Internal Revenue Service

instructions for Recipients - 1099-MISC (2006)

Account number. May show an account or other unique number the payer assigned to distinguish your account Amounts shown may be subject to to self-employment (SE) tax. If your net income from self-employment is $400 or more, you must file a return and compute yourSE tax on Schedule SE (Form 1040), Sea Pub. 334, Tax Guide for Small Business, for more information. If no income or social security and Medicare taxes were withheld and you are still receiving these payments, see Form 1040-ES, Estimated Tax for Individuals. Individuals must report as explained below. Corporations, fiduciaries, or partnerships report the amounts on the proper line of your tax return. Boxes 1 and 2. Report rents from real estate on Schedule E (Form 1040). If you provided significant services to the tenant, sold real estate as a business, or rented personal property as a business, report on Schedule C or C-EZ (Form 1040), For royalties on timber, coal, and iron ore, see Pub. 544, Sales and Other Dispositions of Assets. Box 3. Generally, report this amount on the 'Other income" line of Form 1040 and -nfrfy the payment. The amount shown may be payments received as the beneficiary a deceased employee, prizes, awards, taxable damages, Indian gaming profits, or .ner taxable income. See Pub. 525, Taxable and Nontaxable Income, if it is trade or business income, report this amount on Schedule C, C-EZ, or F (Form 1040). Box 4. Shows backup withholding or-withholding on Indian gaming profits. Generally, a payer must backup withhold at a 28% rate if yau did not furnish your taxpayer identification number. See Form W-9, Request for Taxpayer Identification Number and Certification, tor more information. Report this amount on your income tax return as tax withheld. Box S. An amount in this box means the fishing boat operator considers you selfemployed. Report this amount on Schedule C or C-EZ (Form 1040). See Pub. 595, Tax Highlights tor Commercial Fishermen. Box 6. For ind ividuals. report on Schedule C or C-EZ (Form 1040).

Box 7. Shows nonemployee compensation. If you are in tile trade or business of catching fish, box 7 may show cash'you received for the sale offish. If payments in this box are SE income, report this amount on Schedule C, C-EZ, or F (Form 1040), and complete Schedule SE (Form 1040). You received this form instead of Form W-2 because the payer did not consider you an employee and did not withhold income tax or social security and Medicare taxes. Contact the payer if you believe this form is incorrect or has been issued in error. If you believe you are an employee, report this amount on line 7 of Form 1040 and call the IRS for information on how to report any social security and Medicare taxes. Box 8. Shows substitute payments in lieu of dividends or tax-exempt interest received by your broker on your behalf as a resutt of a loan of your securities. Report on the 'Other income" line of Form 1040. Box 9. If checked. $5,000 or more of sales of consumer products was paid to you on a buy-sell, deposit-commission, or other basis. A dollar amount does not have to be shown. Generally, report any income from your sale of these products on Schedule C or C-EZ (Form 1040). Box 10. Report this amount on line 8 of Schedule F (Form 1040). Box 1Z. Shows your total com pensation of excess golden parachute payments subject to a 20% excise tax. See the Form 1040 instnjctions for where to report. Box 14. Shows grass proceeds paid to an attorney in connection with legal services. Report only the taxable part as income on your return. Box 15a. Shows current year deferrals as anonemployee under a nonqualified deferred compensation (NQDC) plan that is subject to the requirements of section 409A. Any earnings on cun-ent and prior year deferrals are also reported. Box 15b. Shows income as a nonemployee under a NQDC plan that does not meet the requirements of section 409A. This amount is also included in box 7 as nonemployee compensation. Any amount included In box 15a that is currently taxable is also Included in this box. This income is also subject to a substantial additional tax to be reported on Form 1040. See "Total Tax" in the Form 1040 instructions. Boxes 15-18. Shows state or local income tax withheld from the payments.

a
PAYER'S name, street address, city, state, ZIP code, and telephone no.

CORRECTED (if. checked)

1 Rents S 3 Other income 2 Royalties OM8 No. 1545-0115

Medical Doctor Associates, Inc 145 Technology PKWY Norcross, GA 30092

$
4 Federal income tax withheld S 6 Medical & health care payments 3

2006
Form 1099-MSSC Miscellaneous Income Copy 2 To be filed with recipient's state income tax return, when required.

$
5 Fishing boat proceeds

1800) 948-0536
PAYER'S federal identification number. RECIPIENTS identification number 7 Nonemployee compensation

3 Substitute payments in llsu of dividends or interest 10 Crop insurance proceeds

20-3971061
RECIPIENTS name

234568867

'

7320.00

Edward Patrick A Triple Crown Area 11322 Loftus Lane Union, KY 41091

9 Payer made direct sales of 35,000 or moreof consumer products to. a buyer [recipient) for resate
. - , . . - j - v . .,,;,. ,.

..-..y ; v,.-^:"':if.::ifc^

$ -;^'^ Kjzm&x 14 Gross proceeds paid to an

attorney
:

13 Excess golden parachute payments S 15a Section 409A deferrals

$
15b Section 409A income

Account number (see instructions) 62 Form 1099-MISC

16 State lax withheld

17 State/Payer's state no,

13 Slate income S

Department of the Treasury - Internal Revenue Service

Patrick 01401

PAYETS n.ime^troet nejstnwt address, city-sEaLe, citvslate, ZIP code, coda, and telephone no.

Rents

>Case 1:05-cv-02791-LW INTERIM P P 1601 SAWGRASS CORPORATE PKWY SUNRISE FL 33323 954-858-2858
PAYER'S federal identification number

Documen
2

116-36
Royalties

Filed 02/04/2008
^^flfi
Form1099-MISC

Page 19 of 21

Miscellan aneous Income

3 RECIPIENTS identification number

Other income

Federal income tax withheld

22-2493454 ED PATRICK MD

254-56-8867
5 Fishing boat proceeds 6 Medical and health care paymants

Copy 2

RECIPIENTS name, street address (including apt. no,), city, slate, and ZIP code

MonemployB-e compensation

Substitute payments in lieu ot dividends or interest

11322 LOFTUS LN UNION

31590.00 KY 41091

$ S

Account number (see instructions)

Payer madB direct sales ot $5,000 or more ot consumer products to a buyer (recipient) (or resale >\

10

Crop insurance proceeds

s
14 Gross proceeds paid to an attorney State/Payer's state no. 1a

To be tiled with recipient's state income tax return, when required.

State income

15a Section 409A deferrals

15b Section 409A income

16

Slate tax withheld

1T

KY.

$
Form 1099-MiSC

,
CORRECTED (if checked)
1 flents

Department ot the Treasury - Internal Revenue Service

PAYER'S name, street address, city, state. ZIP code, and telephone no.

OMB Wo, 1545-0115

INTERIM PHYSICIANS INC. 1601 SAWGRASS CORPORATE PKWY SUNRISE FL 33323 954-858-2858
PAYER'S Iederal identification number RECIPIENTS identification number

Royalties

06
Form 1099-MISC
4 Federal Income tax withheld 6 Medical and health care payments

Miscellaneous Income
Copy B For Recipient
This is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if this income is taxable and the IRS determines that it has not been reported. 18 State income

Other income

22-2493454
ED P A T R I C K MD

254-56-8867

$
5 Fishing boat proceeds

RECIPIENTS name, street address (including apt no.), city, stale, and ZIP code

? 11322 L O F T U 5 UNION LN KY 41091 99922 9

Nonemployee compensation

31590.00
Payer made direct sales oi $5,000 or mare of consumer products to a buyer (recipient) for resale >{ 10

Substitute payments in lieu oi dividends or interest Crop insurance proceeds

Account number (see instructions)

14

Gross proceeds paid to an attorney

17

State/Payer's state no.

KY Form 1099-MISC (keep for your records)

Department of the Treasury - Internal Revenue Service

Patrick 01402

KQ. Box 524

Case 1:05-cv-02791-LW

Document 116-36-s72Filed 02/04/2008

Page 20 of 21

800-685-5065 Telecommunications Device for the Deaf

EDWARD A. PATRICK M D IRA PLAN 11322 LOFTUS LN UNION KY 1*1091-9222

0OO3O038S

COPY C FOR RECIPIENT'S RECORDS

D CORRECTED {if checked)

PAYER'S name, street address, city, state, and Z I P code 1 Gross distribution OMB No. 1545-0113

U . S . BANK NATIONAL SL-M0-L3CD P.O.BOX ST L O U I S , MO

ASSOCIATION 524 63166-0524

60000.00

2a Taxable amount

2006
Form 1099-R Totai distribution 4 Federal i n c o m e tax withheld .

Distributions From Pensions, Annuities, Retirement or

rrum-oiidnrig

60000.00
--

Plans, IRAs, Insurance Contracts, etc.

2b Taxable amount not determined PAYER'S Federal identification no. RECIPIENT'S identification no. 3 Capital gain (included in box 2a)

liil

Copy C For R e c i p i e n t ' s Records

31-0841368
RECIPIENT'S name

234-56-8867 PATRICK LN MD

s
5 Employee contributions/ Designated Roth contributions or insurance premiums

$
6 Net unrealized appreciation in employer's securities

EDWARD A. I R A PLAN 11322 UNION KY

LOFTUS

41091-9222

$
7 Distribution code(s) IRA/ SEP/ SIMPLE

$
8 Other

This information is b e i n g f u r n i s h e d t o the I n t e r n a l Revenue Service.

$
0 /

9a Your percentage of total distribution 1st year of desig. Roth contrib. 10 Slate tax withheld

9t> Total employee contributions /o

$
11 State/Payer's state no. 12 State distribution

$ $
Account number (see instructions) 13 Local tax withheld 14 Name of locality

s
15 Local distribution

s
1234568867-1 Form 1099-R $ (Keep for your records.)

S
Department of the Treasury - Internal Revenue Sen/ice

Patrick 01403

Case 1:05-cv-02791-LW

Document 116-36

Filed 02/04/2008

Page 21 of 21

Patrick 01404

Case 1:05-cv-02791-LW

Document 116-37

Filed 02/04/2008

Page 1 of 41

DEPOSITION EXHIBIT 0 0

Case 1:05-cv-02791-LW

Document 116-37

Filed 02/04/2008

Page 2 of 41 5

A. 2 3 4 5 6 7 5 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q.

uiuty. If you answer my question, I will assume you Is

have understood my question and answered it accordingly. that agreeable? A. Q. Yes. If you need to take a break, you get paged or

whatever, let us know, we'll accommodate you. All of your answers have to be verbal in nature, as opposed to shaking your head or shrugging your shoulders, so the court reporter can take it all down. A. Q. That's agreeable. A little bit about your background. Where did

you go to medical school? A. 0A. Q. A. Indiana University School of Medicine. What year did you graduate? 1974. And what did you do following medical school? Did residency emergency medicine and research

emergency medicine.
Q. Where? PL/v!'~TFS

oo
A. Q. A. At Cincinnati Jewish Hospital. h > , . r Tf~ 12-(X) Did you finish your residency? I did a residency as approved by the American

Board of Emergency Medicine.

ACE REPORTING SERVICES

1(6 EAST NINTH STREET CINCINNATI OHIO 45202 SIJ-I4I-J2O0

SCene

080

ii

Case 1:05-cv-02791-LW

Document 116-37

Filed 02/04/2008

Page 3 of 41

-Q-2

"' Ifl t h a t . . a - t h r < y u r

peogyfi*.?' of w h a t ' s called a

A, practice Q. A.

Mine was a c o m b i n a t i o n route and residency.

3 4 5 5 7 8 3 10 IX 12 13 14 15 16 17 18 19 20 21 22 23 24

What y e a r d i d y o u f i n i s h About 1976, '79.

that?

Emergency medicine boards were new about 1974, when I graduated. And because they were new, there were two

or three ways which were approved for leading to having completed residency in emergency medicine and being prepared to sit for both the written and the oral boards. Q. medicine? A, Q. A, Q. A. Q. A. Q. i have. And you passed I passed them. First time through? First time through. And when were you board certified in ER? I was board certified, I believe, in 1988. When you finished your residency at Jewish -- I them? Have you taken the boards in emergency

assume it was at Jewish, or was it at UC? A. Again, it was a combined residency, but the

formal part was involved with Jewish Hospital. Q. Was that Dr. Levy's program?

ACE REPORTING SERVICES

216 EAST NINTH STREET CINCINNATI OHIO 41202 513-241-3200

Scene 00081

Case 1:05-cv-02791-LW

Document 116-37

Filed 02/04/2008

Page 4 of 41

J-..

rtyjn

). | r , [ - ( r

2 3 4 b

Q.

Do you consider yourself, as we apeak, an

emergency room physician, or how do you -A. QA. I'm board certified in emergency medicine. Do you practice primarily emergency medicine? I practice emergency medicine, and that as a

s
7 S 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

house physician. Q. Why don't you briefly just take me through your

employment since finishing your residency at Jewish around 1978, '79. A. What did you do, where were you? I would have done emergency medicine at i would have helped set up a residency

multiple hospitals. program in Cleveland. Q.

Were you employed by any particular emergency

room corporation or -A. QA. Yes, I have been. Which one? I've been employed by currently what's called

CMW, which is -- who has the contract with St. Francis-St. George. I've been on the staff of the Medical College of Ohio as an emergency physician, as an attending. I was an attending at Cleveland Hospital - - S t . Luke's Hospital in Cleveland, which is the old Community

ACE REPORTING SERVICES

216 EAST NINTH STREET CINCINNATI OHIO M 2

Scene 00083

Case 1:05-cv-02791-LW

Document 116-37

Filed 02/04/2008

Page 5 of 41

HCBPltal, I believe.

I was th.rP frtr f h ^

waT

.B

^ n i t m

2 3 4 5 6 7 3 3
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

set up a residency program. I was one of the attendings in establishing that program. i do emergency medicine for several hospitals

for -- I'm on the staff, I've been on the staff since 1970 something -I forget which year, <78, perhaps -- at Deaconess Hospital, and I've been on the staff ever since at Deaconesu Hospital. I've been
on

the staff at a major trauma That depends on their nfceds.

center here at the Ohio.

That's Grant Hospital in Cleveland -- in Columbus, the attending physician in emergency medicine in Columbus. I've been the attending physician at Grandview Hospital in Dayton, which has a residency program, and some other hospitals. Q. It sounds like you've been all over the state,

from Cleveland to Dayton to Columbus to Cincinnati. A. days . Q. A. Do you have -I've been also on the staff at Hillsboro. I It's the way we do emergency medicine these

think I was there for about four years. QDo you have a CV?

ACE REPORTING SERVICES

216 EAST NINTH STREET CINCINNATI OHIO 202
51 | . l u l l . T i m

Scene 00084

Case 1:05-cv-02791-LW

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Page 6 of 41

DEPOSITION EXHIBIT RR

Case 1:05-cv-02791-LW

Document 116-37

Filed 02/04/2008

Page 7 of 41

ADO0.

/\rne.r\doJ\ %oaxtk
CcrvcmiaaAi

- ^wu^ency PAtAscSntL-

PATRICK, Edward A. Cert EM 88.12/97-12/07. b 10-07-47 Wheeling WV. MD ind U Sch Med 74. BS Mass Inst Techno!. MS Mass lost Technoi. int Rot 76 Res EmerM (both at U Cincinnati) FeH PhD (Purdue U W Lafayette) Res EmerM (Purdue U W Lafayette). Prof (U Cincinnati) Prof (Purdue U West Lafayette IN). ACEP - IEEESigmaXi. FT-Priv Prac Sciof PT-Acad Fac, Author of 3ks. The Patnck Institute 431 Ohio Fike 125S 45255-3375 (513) 528-2941 Fax: (859^0*7772

PL/." : " T S

Scene 00094

Case 1:05-cv-02791-LW

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Page 8 of 41

DEPOSITION EXHIBIT UU

Case 1:05-cv-02791-LW

Document 116-37

Filed 02/04/2008

Page 9 of 41

American Medical Association

Physicians dedicated to the health of America
Division of Survey and Data Resource* 515 North Stale Street Chkfo,!llmoLi60o!C http://www.fimit~ijsn,oi-/anuprofil*a

& Gaf 'X

AMA Physician Profile

Name and Mailing Address: EDWARD ALFRED PATRICK MD PO BOX 541007 CINCINNATI OH 45254-1007

Primary Office Address:

431 OHIO PIKE 125 CINCINNATI OH 45255-3375

Phone: Birthdate: Birthplace: 10/07/1937 WHEELING, WV UNITED STATES OF AMERICA

1-513-471-8370

Pbytfcian'i Major Professional Activity: HOSPITAL BASED FULL-TIME PHYSICIAN STAFF Practice Specialties Self Designated by the Physician: Primary Specialty: EMERGENCY MEDICINE

Secondary Specialty; FAMILY PRACTICE AMA membership: NON MEMBER Mdlcl School History; IN UNIY SCH OF MED, INDIANAPOLIS IN 46202 Reported Year of Graduation: 1974 Degree Awarded: Yes Following Data Provided by the Primary Sources

Current and/or Prior Post Graduate Medical Training Programs Acpi-edltcd hy fhn Arrn./ii^rt ot1 Council for Graduate Medical Education (ACGME): Institution: JEWISH HOSP OF CINCINNATI Specialty : FLEXIBLE OR TRANSITIONAL State: OHIO 09/1975 - 08/1976 (VERIFIED)

AMA Files Checked 8/25/03 16:10:00

Profile for: Edward Alfred Patrick MD ^2003 by the American Medical Association

Page 1 of 4

PL/-.:
DA" I

3 - x 2. - g 7
Scene 00097

> Case 1:05-cv-02791-LW

Document 116-37

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Page 10 of 41

American Medical Association

Physicians dedicated to the health of America Division of Survey and Data Kvmrces 515 North SOKe Street Chicago, nilnol60*!u bt: !)://ww-w.am *-t if n.or jyin a p rofil* s

AMA Physician Profile

Current and/or Prior Post Graduate Medical Training Program! Accredited fay the Accreditation

Council for Graduate Medical Education (ACGME):

Institution: DEACONESS HSP/CLEVELAND Specialty: EMERGENCY MEDICINE State: OHIO 09/1976 - 08/1978

(NOT YET VERIFIED)

Note: If the AMAreceivesnotification from a program that an individual's post graduate medical training in a particular specialty is 'Incomplete,' this infofmaa'M will be highlighted on the Profile with an asterisk and comment under the appropriate training segment if you have discrepant information, please submit a Request for Investigation to the AMA to that we may verify the information with the primary scurce(s), Sec the last page of this Profile for instructions on ho w toreporta data discrepancy,

Licence: Slate GEORGIA KENTUCKY NORTH CAROLINA WEST VIRGINIA ALABAMA OHIO INDIANA
Note:

MD/ DO MD MD MD MD MD MD MD

Date Granted 02/04/1999 07/18/1997 03/22/1997 01/13/1997 10/25/1995 12/29/1976 08/10/1976

Expiration Date 12/31/200? 03/01/20W NOTRPTD 06/30/2003 12/31/2003 04/01/2004 06/30/2005

Status ACTIVE. ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE ACTIVE

License Type UNLIMTTED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED UNLIMITED

Last Reported 05/20/2003 06/16/2003 06/16/2003 06/16/2003 08/01/2003 07/07/2003 07/21/2003

When the ipeclfk n loath and day are unknown, the dm* will dliplay the default value of "01." Nor all licensing board) milAtain or provldi fall date values. Fleue contact the appropriate nceaii oj board directly for rhi* InfontutltM.

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AMA Files Checked 8/25/03 16:10:00

Profile for: Edward Alfred Patrick MD

u

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2003 by the American Medical Association

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American Medical Association

Physicians dedicated to the health of America Division of Survty and Datz Resources SIS North S*t Street Chicago, Illinois 606 IS http;//www.m-asjii.orE/amaprofiSei

pp* ^

AMA Physician Profile

Federal Drug Enforcement Administration: FEDERAL DEA REGISTRATION INFORMATION WAS LAST REPORTED TO THE AMA ON 07/03/2003 DBA REGISTRATION IS VALID THROUGH 03/31/2006. Note: Many i u t require their owe wan-olied rabiucces rt(ijration/lictnM. Ptme check wire yoar Kttt Iktrutoe anlfcoriry at tfct AMA doet n<* milntiln this taforourtra.

Specialty Board CerrJfleatlonfs): Specialty Board Certificatian{s) hy one or more of the 24 boards recognized by the American Board of Medical Specialties (ABMS) and the American Medical Association (AMA) through the Liaison Committee on Specialty Boards as reported by the ABMS: Certifying Board: AMERICAN BOARD OF EMERGENCY MEDICINE Certificate: EMERGENCY MEDICINE Certificate Type: GENERAL Effective: 12/01/1W Expiration: 12/01/2007 Last Reported; 04/16/2003 RE-CERT Effectiva: 01/01/1988 Expiration: NONE REPORTED TO DATE Last Reported: 04/1672003 INITIAL Note; For eertflcarion dates, > defaoh value of "91" appear!tothe awn* rWd If data wm not provided to AMA. Pfoa,e contact the ippruprisle sptaiiUy busnt dlrettl) for lhli lofuttOBtUjo. Medlcsirc/Medicaid Sanction^): TO DATE, THERE HAVE BEEN NO SUCH SANCTIONS REPORTED TO THE AMA BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES. Other Federal SaacliOii(*): TO DATE, THERE HAVE BEEN NO FEDERAL SANCTIONS REPORTED TO THE AMA BY ANY BRANCH OF THE US MILITARY, THE VETERAN'S ADMINSTRATION OR THE US PUBLIC HEALTH SERVICE. Additional Information; TO DATE, THERE IS NO ADDITIONAL INFORMATION FOR THIS PHYSICIAN ON FILE. A M H H H i ;b* AMA i^yakkmrVoflleWjuoidoi ) > aulu with tw^t^HtifrAppropdj^ag^^AALi^ daw. coBtafae i ttsH Profile by an orgtalzatloo woald mtrt the primary toaret verification rrqalrenutm rf the Joint Commhtrien Accreditation ot Healtt.carc OrpuuzaJiow (JCAHO) ami the American AccraUUftm HealthCare Cwwntsjlon/URAC. The Pfcyrirfan Maatcrtk meeta the National CCBBUHM far Qaallty Auarance (NCQA) itandardi for veriUcanoH of medical edncarton, port jr.da.tr mtdkil training, board wflflcjirton, VE.\ jttftit, and >frt!lcan!/Ml.!iM auction*. If yam note ay discrepancJei, please mark them on i copy or the profile and mall or fax ta: Division of Surrey and Data Rtwarec! Aiin: Phyddas Profile Unit Slf N.Statt Street Caiep>, IL 60610 312 i i a . s m 312 4*4-5900 (fn)

AMA Files Checked 8/25/03 16:10:00

Profile for: Edward Alfred Patrick MD 2003 by itn: American Medical Association

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DEPOSITION EXHIBIT WWW

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Felix Canestri Officially there were residents for... I remember Patrick. He was in computers. He used to live in a condo across the river. I think he J lived in... That's in ER I don't think Jewish. 1 don't think he was a resident. I think he was a fellow. He was at Purdue, I think, in those days. He was going to some of our meetings but that's all I can tell you. There were surgical residents, the internal medicine residents. There were the cardiology (residents), the fellows. There were 24, 25 residents. Margolin was chief of internal medicine. Henry Heimlich was chief of surgery. (Patrick) was not my resident. I don't think he was a resident. I can tell you I'm 100 percent convinced that he was not a resident when I was chief resident that year. I remember he was going to some of the meetings. He was around, yes. But he was not a resident in general surgery. He could have been a fellow, which is a different ball game. If he finished a residency at Jewish Hospital he has to have a diploma. There was a magazine that the hospital published every year. It shows a picture of all the residents and what they do. I don't have it any longer. Go to the department of surgery or department of... Officially there was only two residencies surgery and internal medicine. But there were rotations for GYM. There were residents from UC that used to go to GYM. There were fellows who was coming from UC. I remember Patrick. He was around. He was in computers. He used to live in a condo across from Cincinnati. There was a restaurant and I used to see him there because he lived in that building. (I mention that Patrick has been an ER physician for the last 25 years) Practicing surgery? After '76 he could have gone to a residency program. I don't know. In one year he can't finish a residency program. And Jewish Hospital did not have an emergency medicine residency program. There are some things here that are very strange. This Patrick guy was not going to surgery. He didn't work in the ER. (You would have supervised him during surgeries?) Yeah, but I don't remember that he did it. No, he was doing things with jjeimlich in computers. He was trying to synchronize,., (involved with computer diagnosis?) Exactly/fhat's exactly what he was doing. But not surgery. I do not believe he did surgery. He was in computers. There was an association between computers and Purdue. Heimlich was fired? Correct. No, I left before he was fired. I finished my program in 76. I think he was fired the following year. I was not in the hospital men. Article by Canestri (Heimlich maneuver for drowning has been very controversial.) Yes I know that. I stopped working on that project when I finished my residency program. I talked to Heimlich about all the problems with me Red Cross and all the problems through the years. I know that problems with drowning existed and I believe Red Cross tried to remove the name Heimlich from the maneuver. That is all documented in the newspaper. I worked in the physiological testing and the maneuver for choking works. 1 think Dr. Heimlich has copies of studies that show exactly that. I did not work in drowning. I worked in the part of choking,

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Patrick's interrogation - Ed Patrick: The Patrick-IIeimlich method considers three categories of drowning, one of which says that the maneuver should not be... - EP: How did you come to speak with Holly Martins? Tom Francis: Holly Martins called me after I sent an email. - EP: Did you talk with him or meet with him? - TF: I've talked with him. - EP: How did you first meet him? - TF: He called me after I sent him an email. - EP: Did you meet Peter Heimlich? - TF: No, I never have. I know that is the theory floating around. - EP: What theory? - TF That he may be Holly Martins. - EP: What do you think about that? -TF: Anything is possible. It could be anybody. For me it's not clear. I'm trying to treat this source - we get anonymous sources all the time and you treat them on a case-by-case basis. I'm treating this one like I would treat any whistleblower. I concentrate on documentation, find people who can speak widi their name to see what they say. - EP: Isn't it a good idea to check with the person who is getting the information and verify that they do exist? - TF: Of course. Whoever claims this identity is talking to me. But the way it works is if you feel harassed by this individual, the easiest way to take him out of the picture is to produce some documentation or some third parties that can verify what (he's) telling me. That's kind of what the deal is. - EP: The (indecipherable) in my paper was that those (ambulance transportation times in the Erin Snow case) were estimated times? TF: Yeah, I guess so. That's your estimate. EP: You did leave those out, sir. TF: What you left out of the (Emergency) article was the difference between that and the run sheet. EP: Do you have a copy of the run sheet? Can you fax it to me? My fax is (859) 384-7772. EP: You say 'Based on his success Patrick declared the Heimlich maneuver should be the first treatment for an unconscious drowning victim. First of all, that's out of context. That's not a correct statement. I suggest you re-read the article and tell me what you think. TF: If we're going to go line-by-line here... EP: I'm making some remarks and I think you need to be concerned with them. You fail to mention the Heimlich-Patrick method.

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Dionisio Flores That was between 76-79 - The (indecipherable) - it means disorder of swallowing. We reviewed literature and took care of patients who had that problem. There arc two ways of treating it. One was surgical and one was non-surgical. The Heimiich maneuver was studied before I got there in 76. - O'Conner was a visiting fellow. (Heimlich's firing) It was political, yes. There were surgeons in high places that he didn't get along with. Oxygen delivery. (Patrick) was just doing this study. This study showed the advantages of doing it non-surgically. (I ask 'Do you remember Ed Patrick?) There was somebody else on that paper named O'Conner. I dont remember Patrick. Actually, the Heimiich maneuver was studied even before 76, when I got there. The Heimiich maneuver had been around for a few years before that. It was political. (1 ask if he means Warren Falberg pushed Heimlich's firing.) Yes. But there were also some other surgeons in high places who he didn't get along with. I was one of his favorite residents. They were doing some work on oxygen deliver systems for astronauts at that time. He was working with Armstrong. (Patrick) was just doing the study. (I ask whether Fiores is sure about that.) Yes, I mean at the time I was there he was just doing the study.

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Ed Saeks I think that was a private research situation. (I mention that Heimiich and Margolin signed an affidavit saying Patrick was practicing medicine.) If they swear to it, it could be true. I wasn't involved in all the intricacies of the hospital. There was the HARP project. A lot of what that group did, most of us were not aware until the public relations hit the press. I don't believe he was a surgeon. I thought Patrick was an engineer. (I ask why Heimiich was fired.) A man by the name of Warren Falberg would know that. He's the one who did it. But don't use my name. What the reasons were, I was not privy to it. Mr. Falberg was head of the hospital at that time.

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Ramasamy Uthurusamy He was done by the time I joined him. It was just the project he was doing. This is late 75 or '76, His specialty was emergency medicine, so he was doing it in different places. (I ask about whether Patrick conducted pea soup experiments) No I don't remember. I remember something about that being said or one of the videos Heimlich made but that's all I remember. That's when they were showing this particular accident. I don't remember. This video contained examples and I remember thai being one.

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Walter Matern grmate(5),zoomtown.com He wasn't in the program. He wasn't one of us. Somebody put it on my email. -Dr. Patrick, he didnt have any visibility. He didn't practice there or anything like that. I think Henry Heimlich had him there doing some lab work or something of that sort. He wasrVu^kJn^cjj^gXany^rjat^ients. """ I dld^Tseemuch of him. I certainly didn't work with him. I was in the department of surgery. I don't remember (him being at the operating table). I don't recall him very much at all. I know Felix (Canestri). He was behind me. I was ahead of him and he was behind me. He would have overseen all the residents. He had some kind of special deal with Heimlich. I didn't even know he was a doctor to be honest. We were working all the time. (Heimlich) was his own worst enemy. He pissed off the attending surgeons. They were the ones who brought him in to direct the program. Jewish wanted to have a good surgical training program. The attending physicians had been doing it themselves off and on. Then they brought this famous guy from New York. That lasted a couple of years and then he got bounced. (I told him how I'd heard talk that Heimlich once passed out in the middle of a surgery.) That is true. He had been on Lake Cumberland that weekend. He was exhausted probably from that weekend. That's correct. I was his assistant that day. Well, it was exciting. ...certificate also and it would say 'served as the chief surgical resident for the year such and such.' I never had much to do with him. He was slightly on the pudgy side. He had long straight hair and he combed it straight back. (I ask about pea soup experiments) I dont remember any of that stuff. What 1 read of your article you were right on. You can probably continue right on. I was amazed that you had all that information, Armstrong Heimlich was his own worst enemy. He brought (Patrick) in on a special kind of deal. It wasn't like the others of us who were really in the program. He was there but not in the program. He was not one of us.

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Matem II - They only perform surgery under strict observation by attending surgeon. A straightforward appendectomy. He's there and it's his hands and that's how you do the work. They gradually let you in. You wouldn't be doing a major case on your own. You assist. And the first year they say 'Here's the knife.' Your knees are shaking. The attending surgeon has to get a feel for you as a resident, how straight you cut your incisions. One of my attending physicians said you work this case up, get him in shape for surgery. You go to the enth degree to get him ready for surgery. (I ask how many hours of work it was a week) Between 50-100. - He could be getting some kind of credit. He'll have it a lot more surgeon. - Four full years is a resident and one years as chief before you can say you're qualified to take boards. You can rotate three months in anesthesia for three months but you'd have to have at least six months of surgery. You don't get credit after your first year. You get credit for the residency program. You don't get a certificate saying... You might get a letter between the chiefs saying he's completed one year of residency at a hospital. It's nothing formal. It shouldn't be a certificate. - Joel 1 Hal Peskowitz - Sh You can slip into a program early. I came back from Europe. I got into program 4/1, three months early. I had credit from Europe where I had done rotating internshipsRotating resident. I would have been in various fields. It had to be rotated through certain services. There would have be a rotating internship, then when you're into your field it's surgery. Heimlich had nothing to do with emergency medicine. UC was the first full-time accredited program in emergency medicine. Before that, if they wanted to work in the ER they did and they learned on their (own). Rotating internship would be at least 80 hours a week. He came through the hospital, but I didn't see him much. He didn't have anything... I don't think he took...

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It was moved to St. Vincent's St. Luke's foundation has the archives for... the piece of information... There's no newspaper... (1 ask about what normally is contained in the files they keep on physicians.) It's very procedural number of the hospital, privileges, if they're suspended. Western Reserve Historical... Academy of Medicine on Rockside-there's an association of some kind. Western Reserve Historical Society has the archives. St. Luke's was owned by Methodist Church and it was sold to somebody and it changed hands. They have newspaper clippings and if so they may have,... Library has archives. 135* anniversary (The family medicine program) existed for two years in Solon. It was open for a year or two. The time frame (listed by Patrick) was pretty accurate. The St. Luke's he worked with doesn't exist anymore. He was in a fully inpatient/out-patient program, medical environment that isn't there. They're weren't part of us.

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Gordon Margolin - Chief of internal medicine between '75-76 - Was Patrick a resident? o I don't know what date he was there, but he was there for a year, somewhere in that time. ^ ; "~ - People told me he was there on a NSF grant. o That I don't recall. 0 He was there as a residentforgoneyear. I do remember that. He was really under the aegis ofDrT Heimlich, who was there~aTthat time. - Heimlich says he only supervised Patrick when Patrick rotated through surgery? o That may be true. The exact rotation., .he signed off on his residency year. Heimlich did. I did not. -1 have an affidavit that bears your signature as well as Heimlich's. It says he has been practicing medicine for at least 1.5 years at Jewish Hospital in Cincinnati. o What was the reason for that paper? Do you know - That was my question to you. o I have no recollection, - Canestri remembers Ed Patrick as someone who was working on a computer diagnosis program out of the cardiac unit. o There's two different issues here. Patrick was there working with Dr. Heimlich for a year or two years or three years on computers and I don't know exactly what they were doing because I wasnt involved. Somewhere along the way he asked for a year of residency. And he did do a year. Now I can't tell you which year was which. I don't think it was under any grant outside of a hospital. But he was around for a few years. It wasn't just one year. Patrick is claiming a residency in emergency medicine. o Oh that, we never had a residency in emergency medicine. That I can assure you didn't exist. But there was a one-year... I think it was like an internship but that was the only thing that was at all legal or official. An internship is a lot different than a residency. o Well, the word 'internship' got dropped out of the lexicon. We now get people for, say, three years of residency. We don't call them interns anymore. So it's an old term. He may have been called an intern at that time. But since then we don't go looking for interns, we go looking for first-year residents. So it may be a little bit confusing but he did serve one year. I do know that. Only his paperwork was all signed off at the end of that by Heimlich. 1 did not sign him off. He was mere at Heimlich's request. o Why are you doing all this? What's going on? Because he appears to be claiming a false residency and based on this he's been able to practice in emergency rooms for the last 28 years. o OK, well there was no ER residency at Jewish. I can tell you that. The only one I know of was at the university (of Cincinnati). And whether he was there or not I have no knowledge of it. I don't remember him working in the emergency room at all at Jewish. 1 wouldn't know about the university. - Do you remember him rotating through surgery? o As an intern, as a resident one year, I think he had some service on both sides, because it was really at Heimlich's request. And I think he worked part of the time for Heimlich. He wasn't a very apparent resident because he didn't make himself very well felt. Let's put it that way. - So he was a prickly character? o He was around but I don't think people got to know him real well. He was

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sort of in the background. That's why you're having trouble, I'm sure - What I'm having trouble with is getting his CV to wash with the actual record. And my concern is that he hasnt done the work he claims. o I've been out of Jewish Hospital for a while - have you got records from them? - No, I can't, but I've talked to a lot of people. o This is what I'm telling you. He was around for other reasons for a few years. And then he became a resident for one year. And I'm not sure that he made himselfTelt as a resident or if people even realized that he was in a different year, but I know he had one year. - Do he have a right to claim that he did a residency? o I think it was a legitimate year. That year of rotating resume or something - that I think was legitimate. I remember we had him officially there for one year. - Do you remember bringing in the NSF grant int6~youFdepartment for~$80,000? o To my department? Of medicine? We never saw that money. I never knew about that. - I thought that's what brought him into Jewish Hospital in the first place. o No, his relationship was with Heimlich. And I don't know what they did for a year or two. They were doing some kind of stuff, maybe something on the Heimlich maneuver, maybe something with Neil Armstrong. I had nothing to do with him - except he was around. And then he became a resident for a year. And I suspect many people didn't know he was a resident. - What kind of resident was he? o I can't tell you. He was in medicine part of the year and surgery part of the year. - There were only two residency programs: surgery and medicine. So you can say definitively that he was a resident for half the year? o I can't say definitively. I don't have the date in front of me. I know he was there and we signed him off- Heimlich signed him out, gave him a year of credit for being a resident. - Heimlich signed it? o I'm positive, because I didn't sign it. - Patrick hasn't been willing to give me a copy of his residency certificate. o There must be one. Or he's lost it. - AH there is is this affidavit that says he practiced medicine for 1.5 years, o Well, he didn't practice medicine. Well, I guess you can call it 'practice.' 1 don't even know what year he was there. You seem to have information I don't remember. - He claims to have been there as a resident between 9/1/75 and 8/31/76. o That's highly probable. I wouldn't swear to that. - The conflict here is that everybody who remembers him being there says he was working on a computer study. o I tell you that as a resident I don't know if you was felt as a resident. But he got official credit for a year, - Why was he given thai credit ifhe wasn't doing surgery? o I don't remember. 1 could not tell you. When he was in medicine he worked as a medical resident. I can tell you that. Because that's the only time I had control over him. - Can you give me the names of people who remember him in surgery? o Oh, I don't remember who was there at that time - Well, you recognized the names 1 just listed. o Oh, sure. - For me, at this point it's easier to prove that he wasn't there than that he was there. o No, he was there. That I can promise you. But where he went from there or what he's

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claiming 1 can't tell you. I've never had any contact with him that I can remember. He was not a student who just came out of school and came through a program with a goal in mind that I could work with. He was involved with computers. He was an engineer of some type. - During that time he is claiming an emergency medical residency, and based on that claim he has been able to get jobs in seven different states. o If he claims it, then it wasn't at Jewish Hospital. I can assure you, because we didn't have such a residency. That I can be sure of. Whether lie got training somewhere else I have no idea. - You stand behind your signature on this affidavit where you say he practiced medicine for 1.5 years? o No, I don't know what I wrote. But practiced medicine? As a resident? 1 don't know what I signed. I don't remember why that ever came out. - I can fax it to you. o No, I believe you. If I put my signature on it there was a reason, but I don't have any recollection of that at all. My memory is fine, but I don't remember that detail. o I don't remember him being (at UC) at all but I would have had no contact with that program. There are people in that program who could tell you. Have you asked them? - Is there someone you could recommend? o I don't know who's running that program right now. o The key to what you need to know is whether or not he did have a residency in emergency medicine at the university, o What's he doing now? - He's still working in emergency rooms. o Where? - Cape Fear, North Carolina o Why has he moved around so much? - I think it's because he never got a residency certificate, so he to to go to states with the loosest regulations. o Do you know anything about his personal life? - I wrote an article about Henry Heimlich and that's where I first encountered Dr. Patrick. o I did see that. Somebody gave it to me. - Do you remember authoring a pattern-recognition article with him? o That's what he was working with in the cardiac unit, now that you mention the word. I do not remember even doing an article. Was my name on it? - Yes. o Well, I remember he talked to me about that. But I never knew he wrote an article. Where did that appear? I have my own CV with all my articles and that's not in there. o Were there definitive findings in there? - It was whatever he produced out of this study funded by the NSF. o I was never part of that. I remember he talked about that but A) I never knew he was under NSF; B) I didn't know he ever published anything; C) I don't think he ever solved any problems with it. o 513 731-0342 is fax o If my name's on it, I ought to know about it. I have no record of that. - With this character we have had a lot of inconsistencies show up. o Well, I'm not surprised by that, really. o He was around the hospital a lot and his family was allegedly in Purdue or wherever. He'd run back and forth. He didn't have his family with him. I never understood all that. o

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Do you remember him being in the extended care unit? He once presented a case about saving a stroke victim from choking on pea soup. o I have n o - n o ! - knowledge of that. There were stroke victims there. If he did that and wrote it up I know nothing about it. He didn't write it up as a case report. But what is a guy like Patrick doing handling stroke victims? o Well, he was an intern and he might have had a stroke victim he was involve with; that wouldn't surprise me. But I don't recall anything like that. I have no knowledge of that. I think I would remember something like that. You don't remember what his training was in? o I remember that he was part-time in medicine, part-time in surgery in that year. It was sort of like a special program set up for him. It was at Heimlich's request. They were buddies. They were working together. This was at the same time that he was doing the computer study? o No, I think he did die computer study for a year or two and then went.inloJhe residency program. o Hgwas hanging around a long time before he got an official job So you remember him being there tor more tHarra~ye"af7 o Oh yeah! I can't tell you how long. Always with Heimlich? o Yeah, they were working together. Don't ask me what they were doing. I never got involved. You shared an office with Heimlich? o Correct. Why did he leave Jewish Hospital? o That, I'm not about to tell you. That was an administrative decision and the responsibility had nothing to do with me. They stripped his hospital privileges. o I did not even know that. It happened very quickly, without any information passed to me, and I never asked because I didn't want to know. That's all I can tell you. I'm not very knowledgeable about these things because they weren't my problem.

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Mike Bowen - [TF]: I have verification requests for Dr. Ed Patrick that bear your signature. I'm investigating the legitimacy of his residency at Jewish Hospital. o He was a resident at Jewish Hospital for one year. If you've seen what I've written I have nothing else to add. He was there. o Back in the early days they didn't have residencies for emergency medicine. One of the early emergency medicine programs was right here in Cincinnati. Back then, physicians could come out and work in emergency rooms. Granted, he didn't go through a residency in emergency medicine. We didn't have one at Jewish. The only one that was around and it wasn't even in effect at that time was the one here are the University of Cincinnati. - How can you verify a residency that never existed? o That's the problem. If you look at my notes, people would ask, 'He says he did a residency' and all I could say is what was in the file. He was there for one year. He rotated about a month at a time. And that was it. o The medical board granted him a license. So you kind of have to look at that, what their credentialing is. But from my standpoint, what I knew is that he is at Jewish for a year. - You complained to medical board about getting tons of verification requests, didn't you? o Basically, they said they would look into it, and I believe they did. And I don't know who the particulars were, who was involved with it. You were uncomfortable with this? o Well, in my business if you see something time and time again. ..It does make you wonder. It didn't take a rocket scientist to figure out something was amiss. What was this guy up to? o I just said, This is something people need to keep an eye on.' - Why did you continue verifying it? o You get verifications all the time and based on information diat we have... that's how I would answer that question. I did that for everybody. You did more verifications for him than... o Absolutely. It just kept coming up. It was intriguing to me because I would do a verification and they would say he did a residency. I said, Well, send me the paperwork, and I'll give you what I've got.' - You said that to Jewish? o No, I was working for Jewish. Other people would ask me for a verification. Well, you have to have a waiver of liability from Dr. Patrick and he'd sign it every time, let Jewish release the information. I would release the same thing time and time again. Yes, he was here for whatever that year was. Our records do not indicate that he did not do an emergency medicine residency. o At that time we had a surgery residency and an internal medicine residency. He was saying he did an emergency medicine residency. Well, we didn't have that. Yes, I could verify he was at Jewish. But I would say, T can't prove to you that he did a residency in emergency medicine because one didn't exist. o There were times that I would get verifications that didn't ask for emergency medicine. They would just say, 'Did he do a residency there?' And I would answer, 'Yes he did.'

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- Based on what evidence did he do a residency? o I had a contract that said it. It said you will be here for this year, making X amount of dollars. There was an agreement for him to work and it said he would be paid X amount to be a resident. - The only document I have is an affidavit signed by Heimlich and Margolin and Margolin doesn't remember signing it. It wasn't an affidavit. It was like a payroll sheet. I had to prove to myself that he actually was there. And I could prove that he was based on the paperwork in his file. - He wants emergency room jobs and that's what he is applying for. You were verifying residencies that vouched for qualifications that he didn't have. o I didn't verify any of it. I said, 'He was a resident at Jewish Hospital. Our records do not indicate that he spent any time in a rotation in emergency medicine.' That is a fact. - Isn't it strange that Gary Harris has the Patrick file under lock and key? o Well, I can't answer what is going on with mat, There's no doubt (Patrick) was there. But what was he doing when he was there? o That I dont know. o Back then he got a year of training in Jewish. o Back then there were people who were grandfathered that were working in emergency rooms without fellowships, back before there were residencies. He may well have been one of those guys. I can't tell you for sure. - (Indecipherable) o When I saw that I said 'Gee, that answers some of my questions." o All I can tell you is this medical board is pretty stringent. They're pretty tough about this stuff. o When you do this over and over and over, you say, This is unusual.' Can you tell me with whom you talked at the medical board about the problem? Was it Tom Dilling? o I don't remember. o I didn't make a big deal about it. [On top of 4 n page]: Mike, you've seen a lot of resident files. What do most of them look like? What does Patrick's file contain? Which of these things did you see in Patrick's file? o

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Tom Dilling ...to get into the state for licensure, I tell you, we looked into something like that and found out it didn't matter ecause in 1976 you don't need residency training as a criteria for licensure. - What do you do in the event of a complaint that a physician is claiming a bogus residency? o We would investigate. You're asking very general questions and because of confidentiality I can't get into specifics of any individual investigation. I'm giving you a general answer. We would look inot that. What somebody asserts has happened and what is reality are often two different things. - (Repeated question, apparently) o A false residency: What does that mean? Does it mean the residency itself wasn't accredited? I'm sure in '76 there were a lot of residency program that may not have been accredited, but there's no statutory requirement that they had to be accredited at that time. A residency might have been more like a fellowship or internship. The terms have changed over time. Now doctors do more specialized residencies post-grad. o Since '96 your post-graduate training for licensure. ..Those things are verified by the federal verifications system in Dallas. We think that has added more quality... o Wc found out that either you haven't told us - either through some other check that we were doing. Ail of those types of things come into play and a licensure application. Certainly, our hope is that if we weed people out in that process, then they're not going to be a cause of harm to Ohio patients or will drain our resources after the fact. - Wouldn't you call the hospital and say, Fax us this guy's residency certificate?' o Absolutely, that's what we would do. And we wouid talk to the people involved and verify Speak to supervisors? o Sure, people who are heads of the program, and others. If you go to that program and ask fhem the same questions, perhaps they would not... I am having trouble convincing the hospital in this case to produce proof of a residency. o f think you can go to that hospital and ask, Did this person do a residency'7' o Hospitals are a (indecipherable) o

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He was so gruff. He wasn't rude all the time. But he was gruff enough and intolerant enough that you didnt question a whole lot of stuff. He could make you feel pretty tiny pretty quickly. He's a brilliant (indecipherable) but his other skills are lacking. Who was Ito say he was doing something wrong? - He could make everything sound like This is the way it was supposed to be.' I was relatively new in ER. So you weren't going to question him and certainly the patients weren't going to. Because he could intimidate them. It even got to the point where patients would ask if he was on duty and if he was this wouldn't come out. - The hospital didn't even want us to say he wasn't here because it would turn patients away. - Qn^o^c^io^wej^kcd^too. Who's on tonight? 'Fast Eddie' was his nickname for himself I His sewing.skills were the pits. Oh gosh! That was something that raised our eyebrows a bit. You'd see someone with the scar later on, and you'd know who did it. He always seemed to be in a quandary about when to call the end of it. We're not going to get this patient back. He wasn't very good about letting them go. As I think about it, that would be an indication of lack of security about your indecisions. It kind of said to me he didn't know how to handle the family. He always had a pocketful of index cards 3-4 inches thick, like his crib sheets. I was busy enough so I didn't sit an watch him all the time. He would disappear back to his room now and then and I wonder now whether he was consulting the computer (to figure out what he was going to do). He wanted to create a computer program so that you could punch up the ailment and it would spit out the directions. I remember him talking about it. He never pursued it or finished it. That would have been a giveaway of his lack of knowledge and skills. If somebody was going to buy that, where would it go? It would fit with his persona. He was a computer whiz. He was a brilliant man. He could really out stuff. He could think things through well. He told me one time that he had been nominated to the Naval Academy and went there for one year and decided it wasn't for him and he went to M.I.T. He made no bones about the fact that the Heimlich maneuver needed to be named the PatrickHeitnlich maneuver. I remember that.

- He was never inappropriate with me and I don't recall anytime that he was with anybody else. I don't think he really understands the opposite sex. None of us really flirted with him. You didn't want to get very close to him. His birthday was in October. We brought in a cake and had some presents and stuff for him. He was genuinely taken aback.

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To my way of thinking he was kind of a loner. - ^Ont^^the girls who gave me your article commented fliat one of the reasons he left^J P was that there was some lawsuits against him. I can't confirm that. Whether he was askedto leave or not I don't know but there were a lot of complaints. It would be everything, the way they were treated personally. That he didn't know what he was doing. I never saw specifics in a suit. Our clientele, probably half of our ER patients use the ER as their primary doctor. Big welfare population in this county. A lot of them would say "We do (don't?) like how he's doing it and I'm going to sue him.' (Indecipherable) It explained to me his lack of skills, lack of courtesy, lack of general knowledge. These are things you would go through (in a residency). We had a doctor who was of the same ilk who hadn't done his internship. - He was slow with the patient. He'd order this and that. Then later, we better order tins. Other doctors get patients in and out within a half hour but not Fast Eddie. He was not fast, He was kind of a dork. (Lack of interpersonal skills and lack of skill) is why other doctors didn't like him. The other doctors might be left to mop up somediing that he started, which they didn't like. He wasn't a friendly should, so you weren't going to stand and talk to him at all. There was no camaraderie with him. He would talk about the fact that he worked with Henry Heimlich on the Heimlich maneuver and that...He opened the subject himself. They invented it together. He did the yeoman's part of the work, so it should be the Patrick-Heimlich maneuver. I never heard anything relative to that Lima case. I had never heard that he worked at Lima. But I could see him saying, There's documentation. Believe me. where he was presenting something. My question is that it was either Heimlich maneuver or something else to share. Heimlich and Patrick were two birds of a feather. A doctor would order what was deemed appropriate. Pain medicine. We never questioned him. We might say this guy is going to be in a lot of pain, we should get something a little stronger. I do not remember Ed seriously screwing up anything ~- as far a prescriptions. The narcotics stuff are locked up but there could be the possibility that he could have written a prescription for somebody. There was never any question of his abilities to prescribe narcotics. We did not have a problem with him doing that with us. And we would have heard it. Then there would have been questions of whemer weVe seen something inappropriate. It probably wouldn't be too hard to pull it off. It's a matter of having a prescription pad in the right place at the right time. I don't remember that being a major problem. He did not ever do surgery, per se, in our hospital. He would do sutures. Some guy came back with a terrible pain chip. He wasn't smooth at this stuff. He was pretty rough. He didn't know what he was doing.

is near-drowning. I'm not aware of cover-ups at the hospital. I'm sure it happens on occasion. But it hasn't happened at our hospital. He was more or less adequate, but not great. He wasn't anybody's favorite person. He used the

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computer a lot. No other doctors had a stack of notes. He was there between 6-10 years, he was one of regular ER doctors so I guess he was on staff Do something on the issue of the medical board handling the problem. If the board is going to say it's all about the guy's writing bad prescriptions we're going to have more guys like this. The medical board has to start being responsible about taking care of these guys. When you come into an ER in cardiac arrest you don't want a doctor who is going to say, 'Wait, let me look at my notes.' I don't remember him saying Ed Patrick was board-certified.

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Atty Michael Djordjevec [ Djordjevec begins below horizontal line] It has profound implications both for patient care... Licensure is something that physicians obtain as soon as they leave medical school. Most hospitals will not credential a physician unless he has completed a residency program. There aren't many hospitals who will credential an MD who... ABMS - requires that to be board-certified the physician must complete certified residency. Doctors would moonlight in an ER to get some extra money during the residency. Generally speaking, hospitals dont employ physicians. They're independent contractors. The employer is responsible for the act of the employee. In Ohio law there are two theories of liability. One is a Clark claim. Legal rulings that stop a hospital from denying that a doctor who practices in their building is an employee... None of us choose to go to emergency rooms on the basis of knowing the doctor. The squad takes you to the closest hospital with and emergency room. You rely as a patient on a physician in the ER being properly credentialed and verified by that hospital. The do the background for you and the people they are allowing to practice to be there. The other theory is that the physician is not adequately... laparoscopic surgery ifa... There is an entity called the Joint Commission for Accreditation of Hospitals. They have standards that require the hospitals to take certain minimum actions on their daily requirements, including staffing. If you get into their regulations you'll confirm that the hospital had to do the proper background. Frankly there are situations where they probably do cook the paperwork. We're living in a litigation society. The insurance industry and hospitals and physicians. People like me and my clients and regular people. Djordjevic (Transcript from recording.) Licensure is something that most physicians obtain as soon as they graduate from medical school. In this day and age, most hospitals will not credential a physician unless the physician has completed an approved residency program in the area in which that physician wants to hold himself out as a specialist. There aren't many hospitals that will credential a doctor who just has an M.D. with no post-graduate education following mat. Maybe what's more important is the American Board of Medical Specialties - which establishes board certification examinations - generally requires that a physician - in order to be boardcertified - must complete an approved post-graduate education. Some require a written test. Some require a written test and an oral test. It used to be that doctors would even moonlight even when they weren't training. Most of these boards have provisions for grandfathering. (TF: If you find out that this physician had screwed up with a patient, could you go after the hospital as well as die physician?) Absolutely. Generally, hospitals don't employ physicians - they're independent contractors. 'Respondent superior,' meaning that the employer is responsible for the act of the employee. The principal is responsible for the act of the agent. Ohio has two legal theories of liability: 1) A Clark claim. Legal rulings which have prevented a hospital from denying that a physician that practices in their building is an employee for purposes of liability unless they

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make some effort to make the patient aware that the doctors that are working there are not employees of the hospital. With emergency medicine, none of us choose to go to emergency rooms on the basis of knowing the doctor there. If you're in a car wreck, you don't say, 'I know Dr. Smith at UH. Take me there.' The squad takes you to the closest ER. You as a patient rely on the physician being properly credentialed and (indecipherable) by the hospital. You're not choosing the doctor. You're choosing the hospital and you're relying on the hospital to do the background check for you, that the people they're allowing to practice in their facility have the credentials to be there. 2) The physician is not adequately credentialed. The hospital has a duty to insure that the physicians who practice have the credentials to do what they're holding themselves out to do. A good example of that is laparoscopic surgery. Not all general surgeons are necessarily credentials in laparoscopic surgery. You need additional training. In the case of an emergency department doctor the hospital is vouching to the public at large that it is staffed by people who we have adequately trained to do what they're held out to do. Then we as patients are ail going to rely on that. Joint Commission for Accreditation of Hospitals has standards that are in writing that require the hospitals to take certain minimum action with regard to ail of their day-to day operations, by it dilatory requirements, including staffing by physicians. Get into their regulations and you'll be able to confirm that the hospital to be accredited has to do the appropriate type of research on a physician or make sure he is who she claims to be. (TF: How can we trust hospitals to not cook the paperwork?) That's a situation that arises and frankly there are probably situations where they do cook the paperwork. It's a problem. We're living in a litigious society and there is a cultural...between the rights of everyday people, and the insurance industry, and the hospitals and physicians have one point of view. But me and my clients have a different point of view. As consumers of medical services we should all have certain rights and expectations in terms of medical services provided to us. The hospitals receive public funding need to be cognizant of the fact that they're intermediaries between the public and physicians. The public relies on the reputation of the hospital and crcdentialing appropriate doctors. Clearly hospitals are marketing patients and saying 'We're the best for this kind of service. But you can't advertise for patients and then not do your due diligence in making sure that the people you're allowing to practice don't have the credentials that they claim to have. (TF: In this case, the file is under lock pad security in the office of the GC.) Oh Jesus! What is at stake here potentially is life and death. It's a serious issue and it needs to be brought to the public's attention.

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Margolin 10/15 Seeing patients He wasn't sitting on his thumbs. - He wasn't in a residency. ] know that he got the certificate signed off by Heimlich. I did... I don't think it has much meaning to this.

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Peter Heimlich 10/15

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Bob Kraft Dr. Patrick was a resident and he was not directly reporting to Dr. Heimlich but he was supervised on those instances when he was in the surgery (indecipherable). Martins says that Patrick was working at Purdue at that time. He has no memory of any special arrangement that had been made with Purdue.

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Peter Homlich

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MikeBowen 10/18 o Was this a figment of someone's imagination? 1 don't know. o There were evaluations based on what he had done there. o These are guys who work with him. They have more knowledge. o I would go back to these state licensing boards and say 'What's up with this?' I would question. o What's up with that? I can't answer that? o It certainly makes you wonder a guy going from place to place. It made me wonder, 'Who is this guy?' You're talking to people who did. That's... o Jenny Honaven without special permission from the physician in question I can't release any information. (St. Lukes) -What are the contents of the resident's file? o CV, evaluations, but every department is different. There may be copies of residency certificate. There's no rule that says you have to have this. What kind of residency did he complete? o Internal medicine, 1 believe. -Verifications I've seen say general surgery. o No he had a rotating internship to be exact, so he had a snippet of a little bit of everything in internal medicine. No he was not in surgery. -It says 'general surgery' where you signed it. o Yes, tt was a rotating... -Did you have to have his release before you verified this to hospitals? o It's a waiver of liability. If an applicant is willing to have information submitted to another institution. -That's a lot of work, isnt it? o Yes, that's how it works. People call. Could be you. I don't know who you are. I'm not going to release it unless I see it in writing. o If an institution wanted his verification and they didn't have it, I said 1 have to have it before I can release it. - Payroll contract is that what you were going on? o No, not that he was practicing medicine but that he was at the hospital. - The dates would have been the ones he signed on the verification request? o Yes, absolutely. I could verify that according to the file he was there during those times. -It was apparent to you it was a residency as opposed to a fellowship? o Well, it's really semantics. A residency, an internship, a fellowship. I have always interpreted that you're an intern, you're a resident and after that you do a fellowship. Back then they would call them different things. A person right out of medical school, first year residency is an intern, and then they do a residency, which is part of that. And a fellowship is even after that. But different programs call it different things. o Started in 78 at Jewish, I started in '91 in administration. - Didn't you discuss these matters with the head of surgery who was that? o There was Ron Fegelman. He passed away and then Creighton Wright took over. No, 1 don't think I really discussed it with Creighton because it wasnt an issue that he had to deal with. It wasn't really a major issue at all. Part of my job was verification of residents. The only way he would have been involved is if it was a resident during his tenure. Just because I kept verifying stuff didnt mean that I went to him to say, 'We've got a problem here' because there was no problem. I was verifying something somebody said was he there? Yes he was. Did he do an emergency residency? No he didn't according to my file. There was no reason for Dr. Wright to he involved.

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You didn't stipulate that there is no emergency medicine residency? o it depended on how the question was asked. 'Was he there as a resident?' Yes he was. 'Did he complete an emergency medicine residency?" Not according to my file. (So it's incumbent on the state medical board or hospital to ask that question.) You were verifying a residency that he was claiming that didn't exist. o No, the only thing I verified was the fact that he was at Jewish Hospital for one year during the time he states he was there. If the question came up, he's asking about an emergency medicine residency, I saw at no point in our files does it exist that he does an emergency medicine. Didn't you contact Ed Patrick? o No, that's not my job to call Ed Patrick. My job is to answer verification that was asked of me if Dr. Patrick released it for me to do. You lodged a complaint with the Ohio Medical Board. o No, I've never filed a complaint with them in my file. I have many contacts. I mention in passing I don't even know who it was that I'm doing an inordinate amount of verifications on a particular person. That's not a complaint. o Anybody who does a verification without the OK of the past resident I wouldn't advise that. I get it on everyone. I have never done this without a waiver. o It's not unusual that a resident jumps around. o I'm not a policeman. It's not my job. It seems odd to stand behind this record. When you sign this verification you stand behind this CV.) o No, that's not correct. When I verify that a person has been at an institution what I'm verifying are the dates that they ask me. Yes or no. Was he here? Period. - Why take the file and hide it in Gary Harris' office? o Resident files that go way back, there are a lot of them there, just for filing purposes. - What happens when a doctor claims something that isnt factually correct? o You do what we did. You keep verifying. It is the institution's responsibility to determine who that practitioner is. It's on the institution to figure out if they're going to credential this guy based on the information they send to other institutions where the guy was. My job was only verify where he was. When a doctor is being credentialed they have to go back to the residency programs. They go all over the place. My piece of paper is only one piece of the puzzle. o If Edward A. Patrick is asking for privileges at Podunk University, Podunk U has to send out and put the pieces of the puzzle together to say, 'OK, we're going to credential this guy-' o Don't remember application to Indiana Medical School, don't remember if there were letters of recommendations. o I have nothing to hide. That's how we do it. I can prove he was there for a year. - You just don't know what he was doing there? o No, I really don't. I can't tell you because I don't know. - Maybe a janitor worked there for two years. He was in the building. It doesn't mean we want to license this guy. o We can prove he was in that building in the capacity of a rotating flexible intern. o We didn't grant him a license to practice in the state of Ohio. That's not our job. - It's also your job to tell whether or not he practiced medicine. And that's less clear. o I can't answer. I don't know. He had a schedule that he followed. Did he follow it? Hell, I don't know, o If somebody asks me, 'Was he there?' Yes, I'm going by the file. He was there. -

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Ed Patrick - You can say anything you want to Mr. Francis. You've already shown that's what you do.

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Bob Kraft Patrick came to work for Heimlich at Jewish Hospital in 75 I think. I think he was a resident at Jewish Hospital. I can remember Dr. Heimlich say that Patrick came to work for him in '75 at Jewish. I don't specifically recall if he said he supervised him. Aren't you troubled that this is an all-Holly Martins production? I believe the Philly Weekly reporter knows who Holly Martins ts. And I think that makes his credibility less.

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Peter Heimlich 10/18/04 ON RECORD - Until a few years ago, 1 knew nothing about my father's career. I didn't even know Ed Patrick was an MD. In early 2002, I learned that my father may have fabricated a medical residency for Ed Patrick. 1 also found out that the two of them may have faked the Lima case. 1 was out of my depth and didn't know what to do, so I sought out a number of medical professionals. They aj] said the same thing: Take it to the Medical Board, it's their job. June 2002 1 contacted Tom Dilling, the head of the Medical Board. I thought, 'OK, I've come to the right place and the executive director will handle this.' Sent him considerable documentation. Mark Michael, attorney with AG's office was there. They were always generous with their time. I assumed they meant business. At no time did they suggest that any of the information was untrue. But some of Dilling's remark's didn't make sense. He said'faking a residency is no big deal,1 Medical Board had its hands full with more important matters, illegal prescriptions. I was astonished. It seemed to me the issue was whether an untrained doctor had access to emergency rooms in seven states, including Ohio. That's no big deal? It seemed a simple matter to contact Jewish to determine whether the residency was real. I said that to Dilling. He said it was complicated investigative matter. He also said it sounded like something for 60 Minutes. What was that supposed to mean? As time went on I realized I was being played and they were burying the whole thing. It's quite a system. Bring a problem to the medical board and nothing happens. Then the AG's office refers you back to the medical board and round and round we go. I never wanted my name in the paper. The Heimlich maneuver for drowning is the most serious problem. It was all built on phony cases, as far as I can tell. My father keeps pushing it. It's his choice. But why would Deaconess promote and fund raise for his ideas? Like giving people malaria for AIDS. My father thinks rules are for other people. I personally don't want to worry that the ER doctor working on me is an untrained imposter.

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AFFIDAVIT OF KENNETH A. ZIRM

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION EDWARD PATRICK, Plaintiff, vs. CLEVELAND SCENE PUBLISHING, LLC, et at. Defendants. ) ) ) ) ) ) CASE NO. 1:05 CV 2791 JUDGE WELLS MAGISTRATE PERELMAN

AFFIDAVIT OF KENNETH A ZIRM

STATE OF OHIO:

) ) COUNTY OF CUYAHOGA )

SS

Now conies Kenneth A. Zirm, being duly sworn and states the following based upon his personal knowledge: 1. 2. I am lead counsel for Defendants in this case. The parties have stipulated to the authenticity of all documents received

pursuant to third party subpoenas during discovery in this matter. 3. The exhibits identified as "Summary Judgment (S.J.) Exhibits" were not

identified or used at any of the depositions in this case. 4. Of those, S.J. Exhibits B-D, I-J, and Q-Y, were produced by third parties

pursuant to subpoena in this matter. The newspapers and magazine articles (S.J. Exhibits A, FH, L, O, P) were obtained via internet research, and pursuant to Evidence Rule 902(6), are selfauthenticating. 5. S.J. Exhibits E, K, M and Z are posted on Plaintiffs website,

www.patrickinstitute.org.

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FURTHER AFFIANT SAYETH NOT.

Kenneth A. Zirm

SWORN TO BEFORE ME and subscribed in my presence this _ _ day of February, 2008.

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SUMMARY JUDGMENT EXHIBIT A

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SUMMARY JUDGMENT EXHIBIT B

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SIDENT-S OFFICE FORM 1 OS (REV. JAN. 1973)'

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(1) NATURE OF APPOINTMENT ORCHANGE II CHANGE IN NORMAL PAY

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SUMMARY JUDGMENT EXHIBIT C

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SIOENT'S OFFICE FORM IPS (REV. JAN 1973)

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UNIVERSITY OF

Cincinnati
August 29, 2006

Department of Emergency Medicine College of Medicine 231 Albert B. Sabin Way Phone (513)558-5281 Fax (513)558-5791 University of Cincinnati Medical Center PO Box 670769 Cincinnati OH 45267-0769

Ms. Sarah L. Iddings Walter & Haverfield LLP 1301 East Ninth Street, Suite 3500 Cleveland, OH 44114 RECase#l:05CV2791 Dear Ms. Iddings: I am responding to the US District Court subpoena regarding Edward Patrick vs. Cleveland Scene Publishing. In response to specific dates you provided me, we were not able to locate any information to substantiate Dr. Patrick's employment. Specifically we do not have files dating back to 1974-75 regarding a post graduate training in medical research in emergency medicine. We would not have knowledge of a rotating internship at Jewish Hospital in 1975-76 as we were not affiliated with Jewish Hospital at that time. We do have files for all residents from our program inception in 1970 to present and Edward Patrick was not in our Emergency Medicine Residency Training Program from 1976-78. In addition, I can personally attest that he was not a research professor in the Department of Emergency Medicine during the period of 1985-1995. I have spoken with Lynda Price, Associate Dean of Faculty Affairs at the University of Cincinnati College of Medicine and they have no record in their database of a faculty appointment for Edward Patrick as a research professor, or any other title, in any department at the University of Cincinnati. If you have any further questions, please contact me. Sincerely,

3 *
William J. Fussinger Senior Business Director
WJF/des:Edward Patrick inquiry

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EXHIBIT

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Patient Care Education - Research Community Service An affirmative action/equal opportunity institution U of Cinci/College of M e d i c i n e 00001

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Health Alliance
September 11,2006

Executive Offices 3200 Burnet Avenuu Cincinnati, OH 45229 513-585-6000

Sarah L. Iddings, Esq. Walker & Haverfield, LLP The Tower at Erieview 1301 East Ninth Street Suite 3500 Cleveland, OH 44114 RE: Patrick v Cleveland Scene Publishing Dear Ms. Iddings: This letter, with the attachments, will supplement our recent telephone conversation. You had issued a subpoena to the office of Graduate Medical Education at University Hospital. Prior to 1997, University Hospital was under the University of Cincinnati, a state entity. After June 1, 1997, University Hospital became a private not-for-profit hospital and a member of the Health Alliance of Greater Cincinnati. The Alliance is strictly a healthcare provider made up of 5 hospital systems and a group of primary care physicians. University Hospital is one of the hospitals. The HR records at UC reflect that Dr. Patrick was not an employee of the UC Medical Center (including University Hospital and the College of Medicine). I did mention that Dr. Patrick was, however, a UC employee in the College of Engineering in the mid 1980's. I have attached a copy of the records available. I have redacted any references to Dr. Patrick's address or social security number. Please contact me if you have any questions.

Gary R. Harris, JD Vice President, Risk Management GRH/rmt Enclosures

U of Chi Grad Med Ed 00001

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Engineering and Computers Patrick, E. A., "Learning Probability Spaces for Classification and Recognition of Patterns With or Without Supervision," Ph.D. Thesis, Purdue University, Lafayette, Indiana, November 1965. Patrick, E, A,, and F. P, Fischer, III, "A Generalized k-Nearest Neighbor Rule," Information and Control, Volume 16, Number 2, pages 128 - 152, April, 1970) Patrick, E, A., Fundamentals of Pattern Recognition, Prentice Hall, Englewood Cliffs, N.J., 1972 Patrick, E. A., "A Priori Problem Knowledge and Training Samples," in Frontiers of Pattern Recognition, Academic Press, New York, 1972. Jarvis, R. A., E. A. Patrick, "Clustering Using a Similarity Measure Based on Shared Near Neighbors," IEEE Transactions on Computers, Volume C-22, Number 11, pages 1025 -1034, November 1973. Patrick, E. A., Decision Analysis in Medicine: Methods and Applications, CRC Press, Boca Raton, Fl., 1979. Patrick, E. A., Fundamentals of Pattern Recognition, translated into Russian, MOCKBA COBETCHOE PA9UO, 1980b. Patrick, E. A., "Survey of Medical Decision Analysis," In Computer-Assisted Decision Making Using and Paractinical (Laboratory) Data, " B. Statland, S. Bauer, Eds., Mediad nc, Tarrytown, NY, pp 1-7, 1980a. Patrick, E. A., "A Theorem of A Posteriori Probabilities of Events," MEDINFO '83, J. van Bemmel, M. Ball, O. Wigertz, Eds., IFIP-IMIA, North Holland Pub. Co., Amsterdam, pp. 454-46, 1983 Patrick, E. A., J. M. Fattu, Mutually Exclusive Categories Statistically Dependent During Concept Formation" Proc. Eight Symposium on Computer Applications in Medical Care, IEEE, 1984. Patrick, E. A., J. M. Fattu, Artificial Intelligence with Statistical Pattern Recognition, Englewood Cliffs, NJ: Prentice Hall, 1986. Dasarathy, Belur, Nearest Neighbor (NN) Norms: NN Pattern Classification Techniques, IEEE Computer Society Press, Los Alamitos, California, 1991. Patrick, E. A., and F. P, Fischer, III, (Information and Control, Volume 16, Number 2, pages 128 - 152, April, 1970) a Core Contribution in Dasarathy, Belur, Nearest Neighbor (NN) Norms: NN Pattern Classification Techniques, IEEE Computer Society Press, Los Alamitos, California, 1991.

Medical Brown, J. H. U., J. E. Jacobs, Stark, L. "Schematic diagram of respiratory chemostat" in: Biomedical Engineering, F. A. Davis Company, Philadelphia, 1971, pp 25 - 29.

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Patrick, E. A., K. Henry, J, Altman, "Computer Controlled Picture Scanning with Applications to Labeled Biological Cells," Comp. Biol. Med., 2:5-14, 1972a. Patrick, E. A., F.P. Stelmack, and L. Y. -L. Shen, "Review of Pattern Recognition in Medical Diagnosis and Consulting Relative to a new System Model," IEEE Trans. Syst. Man Cybern., SMC-4, 1, pp. 116, 1974. Patrick, E. A., "Pattern Recognition May Resolve Management of Breast Cancer: Limited Mastectomy versus Radical Mastectomy," Science, Vol. 187, p. 764, 1975. Patrick, E. A. Airway obstruction by foreign bodies, Presented before Emergency Airway Management Conference, Washington D.C., June 1976. Patrick, E. A., Airway obstruction by foreign bodies: energies and statistics. Proceedings of 1976 Systems, Man, and Cybernetics Conference, Washington DC, Institute of Electrical and Electronic Engineers (IEEE), 1976 Nov 1-3. Patrick, E. A., E. Margolin, V. Sanghvi, and R. Uthurusanny, "Pattern Recognition Applied to Early Diagnosis of Heart Attacks, "Proc. Second World Conf. on Medical Information (MEDINFO 77), Toronto, Canada, 203, 1977. Patrick, E. A., J. M. Fattu, and R. Uthurusanny, "CONSULT-I: Consulting and Diagnosis for Doctors," Proc. Fifth Illinois Conf. on Medical Information Systems, Champaign, IL., May 3-4, 1979a. Patrick, E. A., J. M. Fattu, and R. Uthurusanny, "CONSULT-I: Automatic Diagnosis in Practice," Proc. Third Symposium n Computer Applications in Medical Care, IEEE, pp. 9-13, 1979b. Patrick, E. A., "Choking - A Questionnaire to Find the Most Effective Treatment," Emergency, Vol. 82, No 7, p. 59, July 1980c. Patrick, E. A., "Back Blows before Heimlich maneuver cost lives," Emerg Med Serv 1980:9(2):32-5. Patrick, E. A., A case the Heimlich Maneuver, J. Emerg Serv 1981:13(10):43-8. Patrick, E. A., J. M. Fattu, and D. Blomberg, "CONSULT-I Network of Two Subsystems: CONSULT Electrolytes and CONSULT and CONSULT Acid Base, "Proc. 9th Symposium on Computer Applications in Medical Care, Baltimore, Md., 1985. Patrick, E. A., Protocol for diagnosis and treatment of foreign body airway obstruction. In: Decision Analysis in Medicine: Methods and Applications, Boca Raton, Fl, CRC Press, 1979: 209-20. Day, R. L., "Management of foreign body airway obstruction," Presentation before National Conference on Standards and Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiac Care, Dallas, 1985 Jul 11-13.

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Patrick, E. A., The Heimlich maneuver and drowning (Letter), JAMA 1987: 258(23):3388-9. Henry J. Heimlich and Edward A. Patrick, Using the Heimlich Maneuver to save near-drowning victims, Postgraduate Medicine, Vol 84/NO 2/August, 1988. Henry J. Heimlich and Edward A. Patrick, The Heimlich Maneuver: Best Technique for Saving a Choking Victim's Life, Postgraduate Medicine, Vol 87/N06/Mayl, 1990.

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SUMMARY JUDGMENT EXHIBIT F

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New Portable Artificial Lung May Replace Bulky Oxygen Tent

A portable artificial lung being perfected by a Cincinnati research team could replace within five years the cumbersome oxygen tent for semp$f$ms~wm chronic lung aflmenta P a t i e n t s with emphysema. chronic bronchitis and o t h e r teaming nrithteiTu now mutt entw. a hospital to receive the oxygen they need to stay alive. With t h e artificial lung, re searchers hope oxygen may eventu ally oe transmitted directly Into the blood stream from the ^ac-ageCi.ncin.nati Enquirer, 11/12/76 like equipment that can be carried like a backpack or shoulder bag. The four researchers involved in the project are former .aj&ttxiiiaut Neii Armstrong, a University of Cinelnnatl professor aerospace engi neering; Dr. Henry HeiraUcn, Jewish Hospital's chief of surgery and -4^iope*^f^he-aRU-efeifeftg.technlque known as t h e Heirolleh Maneuver; Or George Rieveechl, UC vice president of special projects, and Or. Edward Patrick, Jewish Hospital's director of mescal com-

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SUMMARY JUDGMENT EXHIBIT G

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Saturday hvcnine Post, November 19H6

The Jdmiral fell better ^eitinjj his ox>gen through :he Heimlkh Micro-1 rach in his lower larynx. His voice was frontier. His happ> team included (left la riijhlt IM. (iene Van /ee, Kd Patrick, Henry Heimlkh, jnd Cr> SerVaas. N < > -hown: Dr. ( haries F. Chafer. Saturday Rvcning Post, August 1986
I'.iimk

\flcr the Micro-1 rach insertion. Mr. Heimlich nave !>r. \:ii> A'e to hi> rijjj.hu and other* who will irike care of Joe a lesson about irrigating jod replacing the Micro-Trach when necessary. j * e Pr*-iicteti ine woold require un\\ liter nf owgen per minute.

http://heimlichinstitute.com/IOM-AHA-ARC EAP-HJH Timeline.html

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SUMMARY JUDGMENT EXHIBIT I

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Rostq-aduate Medicine

HEPRINTED FROM VOL BJ/NO ?/AUGuST 1988 McGHAWHILL INC

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Using the Heimlich maneuver to save near-drowning victims

Henry J. Heimlich. MD, ScD Edward A. Patrick, MD, PhD

Preview
Over the centuries, many imaginative methods have been de vised to rescue victims from drowning. Some of them even ap peared to work, probably because they were crude forms of the Heimlich maneuver. The authors explain the principles that keep the water in the victim's lungs even though he or she is upended. They then describe the technique for clearing the lungs of water so that air can get in.

Victims of near drowning cannot remove water from their lungs without assistance. The primary cause of death in drowning is hypoxemia. Aspirated water obstructing the airway to one or more lobes or to multiple small areas of the lungs leads to hypox emia (as sometimes happens with postoperative pulmonary secretions). Hypoxemia is caused by pulmonary shunting: Within the perfused but nonventilated obstructed lung, venous blood in the pulmonary circulation flows. without gas exchange, into the systemic circulation and thus to the heart and brain. Mouth-tomouth ventilation may increase the oxygen level in the blood flowing through ^he nonobstructed alveoli, but even pure oxygen administered under pressure does not reach the blood passing through the obstructed areas. In other words, you cannot get air into the lungs until the water is out. The Heimlich maneuver ex pels water from the tracheobronchlal tree; thus, It is the first step in saving a drowning person. La

Recommendations The American Heart Associa tion's Standards and Guidelines for Cardiopulmonary Resuscita tion (CPR) and Emergency Car diac Care (ECQ' of 1986 recom mend that the Heimlich maneu ver be used on die near-drowning vicUm "when the rescuer sus pects mat foreign matter is ob structing the airway or if die victim does not respond appro priately to mouth-to-mouth venti lation. Then, if necessary. CPR should be reinstituted alter the Heimlich maneuver has been applied." The American Heart Association's endorsement of the Heimlich maneuver for the treat ment of near-drowning vic timsrecommended by Modeil, Patnck, and Heimiich at the conference to establish the stan dards and guidelineswas a leap forward that can save many lives. Mouth-to-mouth ventilation was Une primary treatment of drowning for more than 25 vears previously and undoubtedly thousands recovered with this method if no significant airway

obstruction was present. The logic of first expelling water from the tracheobronchial tree will become increasingly apparent as experience using the Heimlich maneuver in near-drowning victims increases. The Standards and Guide lines 3 advise that the Heimlich maneuver be "performed on the near-drowning victim as de scribed in the treatment of for eign-body airway obstruction (unconscious supine) except that in near drowning the victim's head should be turned sideways" (see box). The victim's head is turned sideways to allow water forced from the lungs to flow out of the mouth.* in contrast, when die Heimlich maneuver is used to treat a supine choking person. die head must not be turned, since twisting die throat prevents expulsion of a solid foreign bodyVolume of water aspirated In die official report by the chair man or the committee on near drowning of the American Heart Association conference in 1985 to discuss standards and guide lines for CPR,'1 hypoxemia was named as the most important consequence of extended sub" A poster demonstrating Lhe Heimiich maneuver for near-drowning victims. suitable for posting at poolside, can be obtained by sending S5 to the Heimlich Institute Foundation, PO Box 8858. Cincinnati, OH 45208.

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HEIMIICH MANEUVER tOR DROWNING *X HinO 2,AUGUST miPOS'QRA^AlE M;,Cf.E

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The process of drowning consists of breath holding, swallowing of large amounts of water, vomiting, gasping with flooding of the lungs, and death.

How to use the Helmlich maneuver on near-drowning victims

1. Place unconscious victim on back and turn face to one side so water can drain from mouth. 2. Kneel astride victim's hips, facing him or her. 3 . Place heel of one hand on victim's abdomen, slightly above navel and below rib cage; place second hand on top'of first. 4. Press Into victim's abdomen with quick, upward thrust: repeat thrusts until water no longer flows from mouth. Vicum should see physician Immediately after rescue. If victim does not recover consciousness, proceed with cardlopulmonary resuscitation.

mersion. The process of drown ing was described as involving the following steps: breath hold ing. swallowing of large amounts of water, vomiting, gasping with flooding of the lungs, and death.

The report went on to say that a moderate amount of water (up to 22 mi/kg] is aspirated in 88% to 90% of drowning victims, and aspiration Is prevented by laryngospasm in 10% to 12%. That

description of drowning agrees with the descriptions in the medi cal literature. 56 If we convert the 22 ml/kg to 10 ml/lb. we see that a 150-lb drowning person would Inhale up to 1,500 ml (1.5 liters!] of water. The actual volume of water aspirated during drowning was deleted In the official Standards and Guidelines, and the edited text states, "At most, only a modest amount of water is aspi rated by the majority of both freshwater and seawater drown ing victims, and freshwater is rapidly absorbed from the lungs into the circulation."3 To the casual reader, that wording might appear to indicate that there is little water in the lungs, However. when the victim is submerged. absorbed fresh water is replaced in the airways by more water, and absorption ceases with car diac arrest. Seawater remains in the lungs and draws more fluid from the circulation into the lungs.6-7 Kizer reported that about 70% of near-drowning victims aspirate vorrutus. mud. sand, algae, sewage, hydrocar bons, detergents, or other foreign materials. Ineffectiveness of mouth-tomouth ventilation Reasons for ineffectiveness of mouth-to-mouth ventilation in

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Blowing into a drowning person's mouth may cause slight chest expansion and mislead the rescuer, but if water is blocking the tracheobronchial tree, no air is reaching the alveoli. The Heimlich maneuver expels aspirated water.

Figure 1. Principles lhat prevent water from flowing out of lungs of lackknifed victim and asr from reaching alveoli Dy mouth-tomouth ventilation when water obstructs iracheobronchial tree a. Straw inserted into fluid fills to level ol Hud In container, b. When open end of straw is covered with finger and lifted from container, fluid does not flow out because of atmospheric pressure and surface tension c. Blowing into open end of straw causes slight movement of water from compression of gas. but air does not reach linger

drowning have been known for a longtime. In 1933, Karpovtch8 reported that lungs, trachea, and bronchi of drowned animals are filled with water and froth. He stated that air forced In during resuscitation creates bubbles in inhaled water (froth), which then block airflow. ^ A simple experiment demon strates this principle (figure 1). A drinking straw inserted into a container of fluid fills to the fluid level in the container. If the upper end of the straw is covered with a finger and the straw lifted vertically out of the water, the

fluid remains in the straw as a result of atmospheric pressure and surface tension. For the same reasons, water will not flow out of the lungs when a drowning victim is jackknifed. Blowing into the open end of the covered straw causes slight movement of the water by com pressing the gas distal to it, but no exhaled air reaches the finger, Similarly, mouth-to-mouth venti lation administered to a person whose trachea, bronchi, or alveoli are obstructed by water may cause slight chest expansion, but the rescuer's exhaled air does

not reach the alveoli. The move ment of the chest may mislead the rescuer into thinking mouthto-mouth efforts are effective. Saving lives with the Heimlich maneuver The following examples are taken from reports by authoritative sources and confirm that the Heimlich maneuver, used either initially or after mouth-tomouth ventilation failed, saved drowning persons by expelling water from the lungs. In August 1974, Ted Young, a qualified first-aid worker, had the

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The purpose of pressure on the lower ribs in artificial respiration is not to compress the chest but to elevate the diaphragm.

opportunity to test the Heimiich maneuver on a young victim who failed to respond to accepted treatment after being pulled from a pool in Victoria. British Colum bia. Almost immediately after application of the maneuver. water gushed from the young ster's mouth, and within 15 seconds he was breathing again. At a routine crew meeting one day in 1981. the Dallas Am bulance Squad" discussed the use of the Heimiich maneuver for near-drowning victims. The next day, they were called to treat a 2year-old boy who had been sub merged In a swimming pool for ten minutes upon their arrival. When removed from the water, the boy had no vital signs and his pupils were dilated and fixed. However, with use of the Heimiich maneuver, about two cups of water was expelled from his airway. CPR was done for 10 to 15 minutes before the boy was resuscitated, and he recovered fully. Victor H. Esch. MD, chief surgeon of the Washington, DC, fire department and an adviser on water safety to the American Red Cross, described two drown ing persons saved by the Heim iich maneuverone by himself and another by Jordan Mencher of Takoma Park. Maryland.I0-" They adapted the technique after

reading about use of the Heimiich maneuver for choking victims in an article in the Washington Star-News. In both instances. the rescuers resorted to use of the Heimiich maneuver be cause conventional mouthto-mouth venulatlon seemed inadequate. In August 1974. Dr Esch was vacationing at the seashore and saw a lifeguard pulling a man out of the water. The man was un conscious, was not breathing, and had no pulse. Water was pouring from his mouth, and Dr Esch realized that mouth-tomouth ventilation would only blow bubbles or push the water back into his body. He initiated the Heimiich maneuver, and with each thrust, water poured out of the man's mouth. Finally, the man began to breathe irregularly. When an ambulance arrived. oxygen was used to revive him. The victim was taken to a hospi tal, treated for two days, and released. The next day Mencher used the Heimiich maneuver on a 12year-old boy who had also been pulled from the ocean. The boy, plucked from the water by per sons in a pleasure boat respond ing to calls for help, was brought ashore unconscious and cyanotic. Mencher said. "What they handed me was for all practical

purposes the body of a dead child." Remembering the in structions from the article in the newspaper, Mencher laid the boy face up and struck him several times i n the upper abdomen. Cyanosis quickly disappeared. and Mencher instructed the boy to breathe as hard as he could. Another man then gave the boy mouth-to-mouth ventilation. The boy was taken to the hospital. treated for several days, and released. As Dr Esch explained, stan dard mouth-to-mourn ventilation does no good if there is water in the lungs or debris in the trachea from vomiting, since air does not get through. The fact that the man he saved had to be treated for pneumonia proved he had water in the lungs. Dr Esch reported. Gordon and Terranova l2 re ported that a 2-year-old boy wandered away from his modier and was found lying face down in two feet of water. He was uncon scious. apneic. cold, and slightly cyanotic; he had been missing for five to ten minutes when he was found, but it was impossible to determine how long he had been in the water. His mother had performed CPR for about 15 minutes when ambulance per sonnel arrived and ventilated the child with a bag mask oxygen set.

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The old resuscitative methods of rolling a near-drowning victim over a barrel, draping him or her over a trotting horse, and the Schafer prone pressure method are crude Heimlich maneuvers.

In the parking area of the emergency department, the boy vomited but was not turned on his side. He arrived in the emer gency department with a mouth full of vomitus. Intubation was performed easily, but air could not be forced through the endotracbeal tube. The tube was removed, examined, and rein serted. Once again, no air could be passed through it. The physician in charge re moved the endotracheal tube and performed the Heimlich maneu ver three times. After the third thrust, a large piece of celery was forced out of the trachea. It was removed from the pharynx, the patient was intubated again, and ventilation with 100% oxygen was successfully performed. Within 45 minutes after the institution of treatment, sponta neous respirations with occa sional deep sighs were noted. The patient also opened his eyes, began to move his extremities when stimulated, and responded to pain. The child was admitted for a total of six weeks, during which time pneumonia developed and was treated successfully. His course was one of continued improvement, and upon dis charge he had no neurologic sequelae or impairment of pul monary function.

Hanry J . H e i m l i c h , MO, ScD Edward A. P a t r i c k , M D , PrtD Of Heimiicfi (left) is president the Heimhcn Institute ana professor of advanced clinical sciences. Xavief University Cincinnati Or Patrick (right) is professor ol electrical and computer engineering. Umversily 0) Cincinnati

Evolution of treatment for drowning Intermittent subdiaphragmatic pressure has long been observed to evacuate water from the lungs of near-drowning victims. Rolling a drowning person over a barrel dates back to the 16th century. En Europe, near-drowning victims were once draped face down over the back of a horse and bounced in ajackknife position as the horse trotted. In some sections of the United States, lifeguards are instructed tojackknife the drowning person face down over their shoulder and jog up the shore before performing mouthto-mouth ventilation. In 1903. Dr E. Sharpey Schafer

of Edinburgh devised the prone pressure method of artificial respiration, which was intro duced in the United States in 1907 > < The Schafer method is to place the drowning person face down with one arm extended directly overhead. The other arm is bent at the elbow, and the head rests on the hand or forearm with face turned outward so that the nose and mouth are free for breathing. The rescuer straddles the victim's thighs, placing the palm of each hand on the lower back with the little finger just touching the lowestrib.The rescuer then uses his or her weight to apply pressure inter mittently. Contrary to general continued on page 71

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Vomiting and aspiration can occur with any resuscitative measure; therefore, their risk should not deter the rescuer from using the Heimtich maneuver.

belief, the purpose of the pressure on the lower ribs is not to com press the chest but to elevate the diaphragm. The fact that elevat ing the diaphragm is more ef fective than compressing the chest was repeatedly asserted by Schafer and demonstrated by physicians using radiographs to visualize diaphragmatic move ment. 2 In 1927. at a United States Public Health Service confer ence. the Schafer prone pressure method was standardized and universally recommended as the best technique for artificial respi ration. It continued as such until 1959. Compression of the lungs by the Schafer method was ob served to expel water from the lungs as well. First-aid textbooks published between 1929 and 1959 state that a rescuer should not tilt orjackknife a drowning person to drain water from the lungs because this wastes valu able time. Instructions were to proceed immediately with the Schafer prone pressure method of artificial respiratiorn which also expels the water from the lungs. Rolling the victim over a barrel, draping him or her over a trotting horse or lifeguard's shoulder, and the Schafer method all cause intermittent elevation of the diaphragm, which forces water

from the victim's lungs and performs the expiratory phase of artificial respiration. These are all crude Heimllch ma neuvers. Using a planned scientific protocol for clinical response to drowning, one of us (E.A.P.)1 proved that water blocking the airway of a near-drowning victim is expelled from the lungs by the Heimlich maneuver. A 2-year-old who had been under fresh water for 20 minutes was given mouthto-mouth ventilation, then treat ed with a mask and forced venti lation for 20 minutes en route to the hospital. The child showed no improvement and was lifeless (in cardiac and respiratory arrest) on arrival at the emergency depart ment. After endotracheal intuba tion. bagging produced no pulmo nary airflow sounds by stetho scope, even after suctioning through the tube was performed. Radiographs documented that the endotracheal tube was in the trachea and showed the gastroin testinal tract distended with air. As often occurs, the air from the rescue breathing had gone into the stomach, not the lungs. The Heimlich maneuver was then applied according to a previ ously designed methodology for treatment and with evaluation of the technique. It was performed several times, and substantial,

measured amounts of water were evacuated through the endotra cheal tube with each compres sion. Artificial ventilation then produced pulmonary airflow sounds. The child subsequently recovered both heartbeat and spontaneous respiration. Two weeks later the child was alive but had evidence of cerebral edema. Complications of resuscitation As described by Patrick,IS vomit ing and aspiration can occur with any resuscitative measure. Kizer7 reported that about 50% of neardrowning victims vomit and aspirate during CPR. In a report from the Armed Forces Institute of Pathology. Fuller'6 attributes vomiting to swallowed water, cerebral hypoxia, and distendon of the stomach with air during resuscitation (rescue breathing). The Heimlich maneuver decreas es risk of aspiration, since pulmo nary compression produces pressure and flow away from (he lungs, toward the mouth, expel ling water and other foreign material from the airway. In any event, the choices In using any form of resuscitation are either to let the apneic drowning \acUm succumb or to risk a degree of aspiration as he or she recovers. In one report.L7 the Heimlich maneuver was singled out as a

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possible cause of vomiting and Che frequency of vomiting with CPR was omitted. Clarification of the incident is warranted, be cause the report could discourage use of the Heimiich maneuver as the initiaJ treatment by a wouldbe rescuer. In 1980, a 10-year-oid neuro logic patient was invoJved in a near-drowning accident in the Cleveland Clinic's indoor swim ming pool.18 Brain damage devel oped from hypoxia. and the pa tient died several years later, an unexpected outcome because hospital emergency resuscitation was immediately available. Seven years after the drowning inci dent. Oriowski17 reported that the Heimiich maneuver had been used and that vomiting and aspiration had occurred. He also reported that after emergency endotracheal intubation had been done at the poolside, chest x-ray films revealed pneumomediastinum and bilateral pneumothoraxcomplications that result from traumatic intubaUon with perforation of the esophagus or trachea or ruptured lungs secondary to mechanical ventila tion with excessive positive pres sure. Oriowski concluded that aspiration of vomitus rather than collapsed lungs was the cause of hypoxia and brain damage, de spite the finding that fluid suc-

tioned from the lungs had pH of 75. which is the ideal alkalinity of swimming pool water (gastric juice has pH of 1.5 to 2.5), Summary Flooding of the lungs occurs routinely in drowning victims. The cause of death in 90% of them is hypoxemia caused by water in the lungs. Mouthto-mouth ventilation is inef fective until the water is re moved. The HeimUch maneu ver expels aspirated water, vomitus, debris, and other for eign matter. In treating near-drowning victims, place the victim in the supine position with head turned to the side and perform the Heimiich maneuver to evacuate water from the lungs, unless you know water is not

in the respiratory tract. The Hehnlich maneuver is a form of artificial respiration. It elevates the diaphragm, increasing intrathoracic pres sure and compressing the lungs, and should be per formed intermittently until all water is expelled. It is an es pecially useful technique be cause fear of contagion some times deters rescuers from using moutt-to-mouth ventila tion. Further treatment has not been necessary in most instances. If the victim does not recover after water ceases to flow from the mouth, venti lation techniques, cardiopulmonary resuscitation, and other measures as indicated should be used, KM
Address for correspondence; Henry J HnmUcfi. MD. ScD. 3800 Victory Plow Cincinnati. OH 45207.

1. Ptrlck EA. A case report: the HelmUrh maneuver Emergency 1981. l3flO!:4S-7 3. HelmiJeli HJ. Subdlaphragmauc pressure lo expel waler from the lungs o( drowning persons. Ann Emero Med. I98U0PM76-8O 3. Standards and guidelines for caralopulmonarv resuscitation iCPRi and emergency cardiac care fECO JAMA l98:25S|21|:2905-89 4. O n u t s JP. Memorandum: special situations section of the JAMA supplement. JAMA 1985 Jul 22 5. Redding J S . Drowrtlr^ and near ctowrung-can the vicum be saved? Postgrad Med 1983:74(11:85-97 6. Model! J H . D.TU J H Electrolyte changes In human drowning victims, AjieatneslaloRy 1969:3&4|: 4 [4-20 7. Klxer CW, Resuscitation of submersion casualties. Emcrg MedCUn North Am 1983:1|3):64J.S2 8. KarportcJi PV. Water In the lungs of drowned animals. Arch PaUiol 1933:15 B28-33 a, D*liu Junbaitaoc Seriud. And one Lhal made our

day. (Letlen Emrrgencv Med Services 1981 10 56 Ifl. HHmlU-h H J . A Life-saving maneuver [o prevenl food^hoklng. JAMA 1975:234(4|.J98-40! 11. H e t a l i c h H J . UHler H U N e w r e . The Heim iich maneuver CUn Symp 1979:31 ;3] ; | 32 13. Gordon BO. T e m n o n &J. HelmJJch maneuver in cold-water drowning Conn Med 1981 .45(I2|:77W 13. American R e d C r o w First ajdtexttnok .New York: McGraw-Hill BlaHmnnl 1937:113-4. 1273 14. American Red C n m RlK aid textbook. N<rv York: MeGraw HU1 rBlaxisloni 1945:102 15. Pmnrtel EA.. The Heimiich maneuver and drown ing [Letter] JAMA 1987:258(221:3388-9 16. Fuller RH. Drowning and the posi Immersion syndrome:acllnlcoplthologlcHLidv Mult Med 1963 128 22-3* 17. OrlffPHkl J P Vomiting as a complication of the Heimiich maneuver. JAMA 1987 2SBHJ:5l2-3 18. WeiTer FJ, Cleveland Clinic report Plain Gciler !988Feb2fl:i7\

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SUMMARY JUDGMENT EXHIBIT J

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The Heimlich maneuver

Best technique for saving any choking victim's life

Henry J. Heimlich, MD, ScD

Edward A. Patrick, MD, P h D

Preview
The Heimlich maneuver, Introduced In 1974, has been declared "the best rescue technique In any choking situation." Why, then, are backslaps and chest thrusts still being taught? The authors relate the tragic delays by first aid organizations in informing the public about the dangers of these methods and explain why the Heimlich maneuver is the only effective, safe, and scientifi cally sound procedure for saving the lives of all choking victims.

The Heimlich maneuver has saved thousands of lives since it -was in troduced 16 yean ago.1'' Ir has been adopted by me lay public as well as medical authorities throughout die worid. However, pockets of resistance exist, and backslaps and chest thrusts condnue to be used to treat choking victims, even though these meth ods have been proven ineffective and have caused deaths,^' This article provides scientific and his torical faces to justify use of me Heimlich maneuver in treating all choking victims. How the controversy started Since 1854, authorities have consistently warned of the danger of using backsiaps iff removing for eign bodies in the airway."-2* De spite these warnings and alack of scientific evidence supporting the use of backslaps, the American Red Cross (ARC) and the American Heart Association (AHA)formany years taught drat backslaps arc the treatment of choiceforchoking."3' In June 1974, Heimlich1 first described me use of subdiapfuag-

mane pressure to save a choking victims life (figure 1). Three months later, editors of The Journal of the American Medical Association designated this method the Heim lich maneuver," In the following 10 years, the ARC and AHA continued to rec-. ommend backslaps as the treat ment of choiceforchoking.** To avoid any associarion with injuries and death caused by backslaps, Dr Heimlich denied the ARC and AHA the use of his name, and they substituted the incorrect terms "ah- dominal thrust" and "chest thrust." Finally, in 1985, Surgeon Gen eral C. Everett Koop" issued rhe Surprisingly, the Surgeon Gen following declaration: eral's warning against backslaps, chest thrusts, and abdominal Millions ofAmericans have dirusts has never been mentioned been taught to treat persons or cited by the ARC or the AHA whose airways arc obstructed by The 1985 National Conference aforeignbody by administering on Cardiopuimonary Resusdcirion back blows, chest thrusts, and (CPR) and Emergency Cardiac abdominal thrusts. New they Care (ECQ, sponsored by die must be advised that diese ARC and AHA dropped the recmethods arc hazardous, even ommaidarionforuse of backslaps, * _ j i leuhal. A back slap can drive a atxiuiiiiiiju uiiuici, ind oiest foreign object even deeper into thrustsforrelieving airway obstnicthe throat. Chest and abdomiaon by a foreign body and recomamanucd
i !

nal rhrusrs, because they refer to blows to unspecified locations on me body, have resulted in cracked ribs and damaged spleens and livers, among other injuries..... The best rescue technique in any choking situation is die HeimLch Maneuver. I urge the Arnerican Red Cross, the Amer ican Heart Associarion, and all those who reachfirstaid ro teach only the Heimlich Ma neuver.. Manuals, posters, and other materials diar recommend u cming choking victims with slaps and chest thrusts should be withdrawn frnrr. rrtuil^rion.... The Hmiich Maneuver is safe, erfemve, and easily mas tered by me average person. It can be performed on sanding or sealed victims and on persons who have fallen to thefloor.It can be performed on children and even on oneself

38

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In 1985 the Surgeon General declared back blows chest thrusts, and abdominal thrusts to be "hazardous, even lethal" methods of treating airway obstruction.

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mended use ofsubdiaphxagmaac arxiominai pressureforchoking 'persons of all ages. As aresult,Dr Ham^di permitted die ARC and _ AHA to use the term "Heimlich maneuver," and thisrermappears 'm in die ARC and AHA standards "and guidelines published in 1986." However, contrary to die recomraendaribn of the 1985 conference, the ARC and AHA standards and guidelines eliminated the Heimlich maneuverforchoking infants un, der 1 year of age and recommend only back blows and chest thrusts for. this age-group. _' The 1986 standards and guide lines also recommend use ofche Hdmhch maneuver co expel water (aforeignbody) from a inesrdrovming victim, with the victim placed in the prone position and die face turned ro one side. But, iljogically, this procedure is preceded ,' by mouth-to-moudi vrnrikrion, ..which has proven bdfecrive while ' me lungs arefloodedwith water. Mouth-co-mourh venrdarion is not appropriate until die water has been removed. Patrick4' proved rhat die Hcimiich maneuver evac uates water and debris from the lungs. The scientific basisforthe Heimlich maneuver as the first step in saving near-drowrurig victims was recently described.4?
! f ? ' S u f c 0 l a P h r a ^ a t i c pressure of Hamlich makeover. Thumb side of rescuer's fet pteed aganst abdomen, s^grniy above navel and M O W ft cage ^ u m S r S t causes sudden elevation of diaohragm. A, in lungs * c o m p S S S c ^ S S S e d obstructing ooiea. wticn is men expelled. ^

Controversy over rccommendarions on choking in infants Ar the dosing session of die 1985 conierence on CPR and ECC,

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S a S f "n9eretoPreSS ^

Rescuers performing the Heimiich maneuver ori Infants are advised to use the pads of the

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Figure 2 . Heimiich maneuver Performed on choking infant Infant is held In rescuer's lap or Placed face up on firm surface Rescuer places pads of ndex and middle fingers on infant's abdomen. slightly above navel and wed below no cage and presses genoy into abdomen with quick upward thrust. Several thrusts may be needed ID expel obstructing object.

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Roger D. White, MD, chairman of the panel on choking, was asked his oommittce's opinion as to ' whether ohe risk of liver lacerarion UjafiBB may be grater with die abdominal rhrust (Heimiich ma neuver) than with the chest thrust. Dr White replied, "We fek that we were unable to identify any defi nite evidence that the abdominal chrust would be any riskier m ]&. " " " The panels opinion was based on the many document- ' cd case reports of infants who were saved by the Heimiich maneuver and on the wdl^stablished sdennhc evidence for expelling an objeer by char method (figure 2). Contrary to the findings of the 1985 conference, however, the. 1986 standards and guidelines,

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oprcss concern for potential intraabdorninal injury resulting from use of the Heimiich maneuver in /nfancs younger than 1 year of age , and recommend the combination of back blows and chest thrusts in this age-group. There arc absolutdy no known scientific darn or published reports that chest thrusts or backslaps can hdp save or have saved a choking infant. In fact, all known published saendfic evidence indicates that b^ddaps and chest thrusts arc inef fective, hazardous, and often (araj v " Why chest thrusts should not be used The technique of chest thrusts has no scientific basis and, along with backslaps and abdominal thrusc

was cited by Surgeon General Koop as bang "hazardous, even lethal. * _ Chest thrusts produce substan t i a l less dJecrfve energy to expel a foreign body from the airway J a n does the subdiaphragmaric Heimiich maneuver. "li'H The dia phragm provides more than 80% of respiratory exchange; die incercosral musdes provide only 20%

A study at Johns Hopkins Medical

uisnrunons proved that intramoraac pressure resulting from chest thrusts is dissipated by depression of the Aaphragm.* The effective energy to expel a foreign body is, cnerefore, significantly diminished According to zhc 1980 stan dards and guidelines,* the chest trusts used in CPR and in chokconnnued

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c a u s e serious !? ^.f3 '"Juries and produce substantially less effective energy to expel

V,ZS L *** Helmllch maneuver.ea the subdlaphragmatlc

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in 22% of cases and heart lesions ardous, even lethal, the ARC and in 13%. A liver lesion occurred in AHA continue to teach backslaps a 13-year-old child. In 17% of for use in choking infants younger cases, die various lesions resulting trun 1 year of age.*0 Posters and from the chest thrusts were severe other instructional materials that enough to be a contributory cause advocate backslaps have not been of death. In the second study cited wididrawn, and the millions of by Heimlich, Thaler and Krause* people who have received instruc warned that chest thrusts can cause tion in the technique of backslaps Regardless of asnsiderarioru as liver lesions, particularly in chil have not been informed rhat this to effectiveness, cfacsr thrusts dren, because their small size method is dangerous and has been woe abandoned because of the makes positioning of the pressure recalled There continue to be re voluminous [irerature reporting cUmcuk. These investigators re ports of the use of backslaps on injuries and dams resulting ported severe liver damage in a 3choking victims who became from chesr thrusts used for a r ycar-old and a 9-year-old. diopuimorury resiisaraaori. worse before finally being saved According to Heimlichs re When one performs a chest by the Heimlich maneuver. Be view,*4 the ARC and the AHA be-' thrust, k is impossible to know, cause of a lack of warning about came aware ofcrushed-chest bi Ktelaw the public is being misespecially in die case of a child, ffs following chest thrusts and what pressure the chest will therefore replaced human subjects be crushed. Reports of injuries Backslaps were advocated by the with mannequins when teaching following chest thrusts include ARC and AHA for many years be- , CPR. The prccordial thump (a damaged liver, heart, spl een, fore and after btroduction of the thrust on the sternum with the and lungs. A most significant re Heimlich maneuver. Consultants fist), which had been routinely port confirming these aeddenrs to these organizations55* were tak used in CPR, was abandoned fbi- ' came from the Mayo Clinic en by surprise when die Heimiich lowing reports rhat it bruised the maneuver was introduced and per heart, resulting in cardiac arrhyth- ' Heimlich dted two studies of sisted in defending die backslap, mia and death. This injury oc comptications occurring with chest curred even when the heart had even though their studies were thrusts. In the first, Riaske and as Sawed'"* Hemlich^' continued been previously healthy. sociates33 reported an autopsy series to stress that there was no scientific Add to these facts the absence of of 323 persons who died after reevidence to support the backslap any known report of an infant be-' covingCPR. In 90% of cases, andthar the ARC and AHA delibing saved from choking by chest chest thrusts were performed by OTtery ignored scientific evidence thrusts, and the need to immedi physicians, and 80% were per supporting the Heimlich mancuately discontinue such treatment is formed in a hospital Chest thrusrs vrx Gibbons" and Hughes," dear. resulted in rib fractures in 44% of among others, reportedon a lack cases (21% being bilateral), and in of scientific evidence supporting Why backslaps should not two thirds these injuries were a the backslap. Proponents of the beused significant factor in the dinical twekslap blamed the Heimlich ma Despite the Surgeon Generals course. Sternal fractures occurred neuver for complications of resusawarning" that backslaps are haz raaon that in feet were caused bv
42

ax identical. The vulnerability of an infants chest makes the com plications of diesr thrusts partic ularly ominous. In a review of the medical literature on chest thrusts," Heimlich summarized the data*7-* concerning injuries and resulting finalities:

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Despite the Surgeon General's warning, the American Red Cross and American Heart Association continue to teach backslaps and chest thrusts for use in choking infants under 1 year of age,

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CPR and traumatic intubation/ '**? unrelated to the Heimlich maneu ver. Research that supports the
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Backslaps i

Scientific experiments as well as dtniral studies haveproved thai backslaps ate noc effective and are . dangerous. PRESSURE-TIME CURVES VERSUS ENERGY MODELA major cause of past and present confusion about backslaps is the erroneous belief ' rhax pressure removes a foreign body. In 1975, Gordon" compared rhep rcssurc and flow of airway gas: produced in response to backslaps with that produced by the Heim lich maneuver. Typical results are shown as a plot or gas pressure ver sus time (figure 3). Gordon pre sented his findings in 1975 at the National Research Council of the National Academy of Sciences joint meeting with me National Red Cross, and subsequently he and his colleagues distributed them elsewhere. 57 ^ They argued, that the pressure curves show i higher peak pressure for backslaps than for the Heimlich maneuver and mistakeniy concluded ohat backslaps therefore arc superior to the Heim lich maneuver in expelling foreign bodies. Consequently; backslaps continue to be advocated for chok ing infants6"* withour anjtscicnrific justification. Also at me National Research Council conference in 1975,

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F l g u n 3. Comparison of airway gas pressure and flow produced with backslaps and Himlicfi maneuver. Backslap energy away from lungs Is inagnrfcam compared wifn energy produced wrtn Heimlich maneuver. Net effect of backstop energy is to force foreign body toward Iung3, tlgrnar ftto airway.

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Patrick47 presented a paper showing the fallacy of Gordons conclusion dial pressure alone removes a for eign tody. Citing standard physics principles, Patrick explained that energy is required to remove a for eign body"'' 1 ^ and that energy results from pressure acting over omc. He showed drat energy di rected to move a foreign body is proportional to the area widiin the pressure-time curve (for a segment of time concerned). The hashed area under the upward (positive) backslap impulse is negligible com pared with the hatched area under me prolonged (always positive) curve produced by mc Heurdich maneuver (figure 3). Therefore, the

energy produced by a backslap is insignificant compared with max produced by the Heimlich maneu ver. In fact, the upward (positive) impulse of die backslap (hatched area) produces considerably iess en ergy than the downward (negative) curve (solid area) thatfollows;thus, die effect of backslap energy is to direct the foreign body toward the IUTMS, dghter into the airway. The Heimlich maneuver deliv ers more than seven times rhc ki netic energy to aforeignbody than docs the backslap, and die maneu ver always propels the object to ward die mouth, away tram me lungs (see appendix A). Whatever die type of oosumcting foreign continued

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A major cause of confusion about backslaps is the erroneous belief that pressure removes a foreign body.

Hnry J . hWmJich, MO, SeO

Edward A. Patrick, MO, PhO

Qr Hwmjlch 0eft) is president of the Hrimfcn institute, O n d m a t i . Dr Patrick (riqht! is a professor at t r Ur*versity of Onomati. '

involves using examples (eg, of choking cases) to learn the proba bility oFoutcomcs for coherent treatments. Patrick analyzed 1,432 confirmed choking cases," and his results were verified by William Scudden, professor or statistics ar Purdue University* The results showed that the probability of an undesirable outcome (ie, loss of consciousness or death) was nearly four times higher if backslaps were used before the Heimlkh maneu ver or in place of it The calcula tions and further details arc found in appendix B. AHA DATAA 1979 study di rected by Redding compared AHA data on backslaps, chest thrusts, and the Heimlich maneuver.'"1 The original AHA data, requested by Purdue University for analysis, were accompanied by a written re ply from RoyccJ. Britton,7' chief of the section on ECC of the AHA, which induded the following: These [AHA] dara must be used with ocrreme care. There [is] no standard methodology or concols, the sample is relatively small, self-selected and probably tends to cxdude attempts result ing in doth. In addition, we found the dara difficult to inter pret, particularly when mul tiple rypes of treatments were attempted In such cases, we attributed "success" to die treat ments so labeled on die ques tionnaire, usually rhc last one continued

bodyfood, water, sewage, or sea tation of the pressure-time curves weedthe' energy mode! applies. has been copied and repeated 5 "" To force the material our or the air > ' Even the 1985 and 1988 emergen way; energy must be delivered with cy medicine study guides71-72 justify a force vector coward die mouth. the use of backslaps by indicating The energy model proves that the that they produce an instantaneous backslap is incflecrive and danger . increase in airway gas pressure. ous, and this conclusion applies to Thus, practicing physicians and re persons of all ages, including in searchers have been misdirected by fants under 1 year of a^e." flawed research which incorrccdy Proponents of the backslap do conducted that gas pressure alone not cite me energy studies by removes a foreign body. Patrick^ 1 " 7 " and Fink Conse OUTCOME ANAIYSISOutcome quently, Gordon's Hawed interpre analysis, pioneered by Patrick1*75
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Energy produced by the backslap directs a foreign body toward the lungs, tighter into the airway.

Historical insights on rknlring The first significant work on airway obstruction vra A Prna^ Treatise <m Foreign Bot&a in the Air Passage, published in 1854, by Samuel D. Gross, M D , professor of surgery at die Univetsiry of Louisville. The book contains a critical analysis of 200 cases iSntfirtcrl from the world Literature or known personally by Gross. His brilliant descrip tion of the insidious nature of the problem was evident in the following remarkable statement: How many persons haw perished, perhaps in an insranr and in the midst of a hearty laugh, the rcatal of an amusing anecdote, or the utterance of a funny joke, from the interception at the glottis of a piece of meat, a crumb of bread, a morsel of cheese, or a bit of potato, without a suspicion on the part of those around, of die ical nature of the case! Many a coroner's inquest has been held on the bodies of the victims of such accidents, and the verdict rendered that they had died by the visitation of God, when the actual cause of death lay quicny and unobserved at the door of the windpipe of the dcrasfdGross urged immediate tiacheostorrry for airway obstruction or an aspirated foreign body, followed by insertion of an instrument ro irritate the lining of the trachea, or use of errhines (medication applied to the nasal membranes to induce sneezing or to cause spasms of coughing) in the hope of expelling the foreign body through the tracheostomy opening or the space between the vocal cords. In a number of the cases reported by Gross, the expressions used were repeated verbatim over a century later by choking victims who had been saved by the Heimlich maneuver. For example, a foreign body was ejected with such force that it flew across the room." Yet, when Heimlich first described his data in 1974, many questioned the validity of patients' descriptions and considered me reports exaggerated. On the basis of his meticulous analysis, Gross concluded that the vicrim of an aspirated (or impacted) foreign body should never be inverted, should never be slapped on the back, and should never be finger-probed, because of the risk of mcreasing the impacrion. More dian 100 yean after Gross's observations, a study from the renowned Chevalier Jackson Clinic in Philadelphia,* based on 6.000 case studies of choking from 1912 through 1973, stated that the rescuer: Should never probe the pharynx Should never turn the vicrim upside down Should never pound between the shoulder blades The report concluded that "a blow on the back" and an "attempt ro remove the foreign body with the finger" can force a foreign body into the larynx. In 1973, Dr Hcirnjich began investigations that eventually led to the rescue tecrurique thar bears his name. Former US Surgeon General C Everett Koop, in 1985, declared mat the Heimlich maneuver should be the only merhcxl used ro relieve an airway obstrucrion by i foreign body. He warned thar improvisation could be extremdy dangerous or lethal Dr Heimikh's brilliant insight should pur a final txnpccrive on the problem of choking Milton H. Uhley, MD

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The kinetic energy produced by the Heimlrch maneuver drives a foreign object away from the lungs toward the mouth.

attempted. However one might question whether earlier treat ments contributed DO the suc cess attributed co the last treat- . rnenr. All treatments appear to have been employed with some degree of success. Beyond that, the data should be atatedas behtg no more than somewhat suggame due to she limitaaam noted above [emphasis added].

movement of die ball or move ment of only 2 to 3 in. The Heimlich maneuver drove the ball vigor ously co me end of me rube. A complete obstruction was simu lacra with five ball bearings placed in a vertical column in the tube. Backslaps did not lift two balls, while die Hcimlich maneuver al ways vigorously lifted two, three, or

In addition, Day and associ Despite die AHA rejection of ates7477 used an accdcromccer to dieir own data, supporters of badc- measure force on a mass simulating slaps*"1 continued co refer co Red- j airway obstruction with a foreign ding's study as evidence that backbody. A metal ball was placed slaps arc superior co die Heimlkh above die glottis in a plastic modd maneuver and omitted reference to in the supine position. A harlrrlap Patricks scientific papers.5'7*1"' did noc move die ball, while a gra YALE. UMVERSTTY SCHOOL OF de blow downward co the shoulder MEDICINE RESEARCHDay and as moved the ball toward the mouth. sociates7477 used a body picmysmo- An acrrIrrometer was then raped graph to obtain a graph of pressure externally to a volunteer's neck, curve versus nmc tor simulated and with back blows, accderation airway resistances, Backslaps pro toward the lungs was recorded. duced an average peak pressure of The investigators postulated t-har a 11.5 mm Hg with a pulse duration whiplike movement of die neck of 0.01 second. The Hcimlich ma caused the metal ball to accderare neuver produced an average peak coward the lungs. These results fur pressure of 21 mm Hg with a ther confirm Patricks earlier conpulse duration of 70 seconds. dusion that the backsiap drives a Thus, compared wim the Heim- " foreign body toward the lungs. lich maneuver; the backslap pro At the 1985 conference on CPR duces insignificant energy; this and ECC, Day" compared the confirms Patricks energy modd. work of Patrick with char of Red Day and associates7"7 also studding and the AHA: ied the movc^aer.!: of a ball bearing in a cube. The ball, free to move in Dr Patrick . . . has done what is die cube, simulates a partial ob in my opinion the most careftiistruction. In four adult subjects, ly done analysis and cenainly many backslaps caused either no die largest and best analyzed sc

ries of anecdotes. There is anocher paper by Dr Redding who used data supplied to him, I be lieve, by the American Heart Association.,.. Redding him self said these data were so slop pily collected chat they should noc be submitted to computer analysis. My contention is that if you have dara chat is sloppy dien ii shouldn't be analyzed. They should not draw a conclu sion from it Bur a conclusion was drawn. The conclusion was drawn mar sometimes back blows wo dt This statemene by Day and the written srarcmenc by Bricron75 agree with our assessment of the AHA data. We condude char the AHA dara arc noc sdentifically use ful. Yet, these data continue co be used by AHA consultants5**1 co support the use ofbackslaps over the H a m h d i maneuver.

Summary and condusion The American Red Cross (ARC) and the American Heart Associa tion (AHA) advocated backslaps, chest thrusts, and abdorninai thrusts for 10 years after the Hamlirfi maneuver was intro duced in 1974. Even after the Surgeon General in 1985 dedarcd diese methods to be "haz ardous, even lethal," the ARC and the AHA continue to recom-

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land chest aQunder lyear of age. ARC and AHA instruc tional materials dial advocate use of these methods have not been recalled,, and die public baa not been warned of rue dangers. One cause of die confusion about backstops is i c flawed be lief dial gas pressure alone re moves a foreign body. In addi tion, diere is lack of under standing that, compared with the Mnmiicn manegwa} die backslap prKluces an insigoincant amount of die energy' required to cq>d an object from die airway; In fcet, die energy produced by die backslap drives me foreign object in die wrong direction, to ward the lungs, while die energy produced by the Heunhch ma neuver drives die object away from die lungs, toward die mouth* '' Backslaps and chest thrust* should be publicly recalled as a treatment for cfinlring tofimq be fore further deadis and injuries occur. The Heunlich maneuver is die best rescue technique for treating choiring victims of ill ages, pc* Earn_credk on this article See CME Quiz.

Appendix A. Energy model Paaicks energy model ij based on die conservation of energy; die sum of potential energyandltiriericenergy remain* constant Whereas die Heunlich maneuver creates pooenrjai energy, a foreign body moves because of kinetic energy. The model proceeds as follows": Ifoie Heunlich maneuver creata pressure and causes the volume of die respiratory system proximal to die obstruction ID decrease, then stored potenrial energy is converted into foreignbody kinetic energy. Ifforeign-bodyairway obstruction is to be studied wimrespectto gas now and pressure, it is important to realize that a procedure such as die backslap couid create a pressure impulse wirii tdarivery high peak pressure but very little energy, Consider the typical set of pressurerime curves shown infigure3. Gordon measured pressure and flow in dugs, arid later humans, using a spirometer arid transducer in a tube connected ID the end of a trachea! cube. On die basis of relanvety high peak pressure of die backslap compared wim the Hcim iich maneuver, Gordon incorrectly concluded'"4 that k ^ H i p ire elective. Parrick showed that energy, not pres s u r e , " ' " is what removes aforeignbody. In particular, from the curves shown in figure 3: Botendai energy f H d j n J i A r a m m , Potential energy d ^ j ^ , ' Patrick further showed that energy is related to area under the pressure-rime curve according to thefollowingequation;

where Jcorresporids to die pressure dur.irion and Ris the resistance to Sow. Thefocegralsign (f) in this case is used for determining area.

Appendix: B. Outcome anaiyjjj For a proper outcome analysis, a feature list is rlrfjnrrl so tharfeaturevalues for each feature are mutually exclusive. The Outcome Advisor" is used no define a treatment on which to condition (event A) and an event as outcome {event B). For choiring, Patrick devised a questionnaire5 no translatefeaturesinto afeaturelist. The outcome B selected k Victim goes from conscious to unconscious or collapses. Two treatments were selected: A(; Heimlkh maneuver alone or first A2; Sequence with back blows preceding Hcimiich maneuver A cool of 1,432 confirmed cases of choking werereportedto Patrick ar Purdue U^liversity.'J*,2 Further screening eliminated cases with missing features necessaryfordie srudy. Of the 1,364 remaining cases, 1,164 (85%) bad feirurn with nonmissingfeaturevaluesfordie features defining the outcome B and treatments. Of these, 972 had the Hcimiich maneuver performedfirstor lione; thus die percentage of times due rescuers used die Hcimkh maneuver alone or first is 83.5% (972 + 1,164 0.835). Of the 1,164 cases, 192 had backslaps preceding the Hcimiich maneuver (ie, 16.5%).. The a posteriori probabilities of the outcome conditioned respectively on die cQ-nnnued

Addressforcorrespondence Henry]. Heimlich, MD, ScD, Hcimiich Institute, PO Box 8858, Cincinnati, OH 45208.

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verified independendy by Pjjrick'*!""* and Soiddcn," professor of staosria ai P[3\Al).^M..Cf732U.31%) Purdue Unfrasty. ftssible atpiananonj for die significant difference in outcome probabilities ire KSXA 2605 26 05 (1) die application of back blows delays use of daeHdmiirri rnancuvcr (the dTeuivr procedure) and (2) die back blow where thcvenicaj line (I) means "Is given.* drives die obstruction deeper or odietwisc The aSSaeaca in che two outcome worsens die obstruction. probabilities: are Kamaciiiv significant, as
tuanneriD arc as follows

'

^ 'S ^ "-

t - ^'

27. S i m MS, Ykmutim HD. Complicaoonj of foreign bodia in die cniccciroochial cnr. Arch Surg 1964920)^88-93 28. >deson C2_ Foragn bodiej in die air and Pod paasajjes. Ire Maioney * H ed. OmlarvngoJogy Vol 5. New'&rlc Fiarpero: Rw, 1973shap I 29. A conaownr u codd rag on. Prevennon 1979Nc*201-9

30. kmatrm f<Maw^VmiCam.Aaak>a Red

Gm fiea aid Eobook. New Yoric McGraw-Hiil (Bfaloron). 1945:102 31. AanecJctB MniouJ Red Crom. Sandard fin: aiduidMaonalafaas NewVoricDoubledan 32. .Inndirrlsforaidiopulnvonauy a LCPR) and emergency cudiac ore (ECQ. JAMA 19740I7(supcj)^33^a 33. Caocek 5. Sondaidi for caidaopuinwnary rcm n n d c o and emergenev cudiac care. (Editona/l ^ M A !974i227(7):796-> 3 1 Gordon AS, ed. P^oooodingj of Canfcmcc on '-^dapuirncTOyRrairrnaon. %ihingtoa DG Mabonal Researdl Council Nanonal Academy of Scenes, .Manorial Academy of Enajneennt 156753: puttiaoon Mo. 1494 SS SBHU- P. Obaaruarw axphyada 6om food inhalaaon: r o t a ) die Caniraiaee on Emergency ,WedialSavica. ^ihingnm. D C Nanbrtal Research Coundi 1974 36. ScancbndjandguideUriaforcsrdiopuimDnary .Tsujconon (CPR) md emcraency cardiac ore (ECQ. MMA198tt244<5):453-509 37. AnierkmBiUlCjia.ScandardSriidaral pnjorul nfoty. 2d od. >4ew Ybnc Doubfeday, 1979 38. .American Had Crasa, rorogn body OOHJUCoon of the airway. In: American Nanonal Red Crew bar aid mamnl New Tibdc Daublediy, 1976:4 39. Koe^CE.TheHamlichmirr(Edicoriil) Public HeaidiRrp I985:100(6):J57 40. Setndaidi and guiriflirwi for aidicnjjmonary mmr-iiaaon (CPRJ artd ctnergency cardiac care (ECQ. ;AMA 198&25 5(21) J905-^9 MlA19!ci256(t3);17I71 41. PacrkliEA. A casereport:die Heimlich maneuvtt J ErnenrServ 1981;13(10):43-8 42. Hditi6cJili7,P 1 jadiA.Uiir^ I heHeiriuKh mancLMcr n save oeaiMlrowiunfr viconai. I^snrj^d Med!988*K2)A2-73 43. WI^RaOaiiTiiiruacdrencflforeOTbrxty urway obsniicaorL Plaenred before NanonalConSamce on Seandaidi and CkridelineiforCardicpulmonary Rraioctcahon and Emergency Cudiac Care. Oallao: 1985 Jul 11-13 44. HdmBdaHJ. Fraaidfardiolongdiiidrai: back blowi and cheat diruas cause compbcaooni inddeach. Pcdiaoia 1982:70(1): 120-5 45. BeCH,Ti^Wil[TryiicJopcilbaiijof medial pneacc. 9di ed. naldmore: ^v^iiami 4:

L HimJkbHJ.Popgmdk:afiaxwBiy. Emenr blowsforcbnJdng viaimi. Emenr Med Serr Med 1974:6(6):t54-5 1980:90): 11-38 Z Simple mfrftnrirelievesa i aieooary. (Edinoral) 15. HcatilieiHJ.Hcuiiudiwiiuiadapondie JAMA1974;229<7):746-7 bad. (Lean) N End I Med 1979i300(17):990-1 1 Hnmnrn HJ. A life-savm maneuver to n r n m 16. Hek^cfcHJ.UilerMH.NoterFH.TTK fcocUioiiiz,JAMA 1975:234<4)-.398-4ul Heaaiichmaneuver.dinSymp l979-31(3):l-32 4. H m i k i ^ D o d i t a m f a a k i o k a i g D r e . 17. Groat *sD. A pracocai aeaoae oaforeignbodies wnad by1 new life-avim m u m Heat Lurar ia cheair-paaages. PkUaddpoia: Blanchanfic Lea. 1976;5(5):755-8 1854 5. Pimdt EA. Airway ofanraajoo by Smign bod 18. .-auges SIC The: caA coronary: sijdcen uarhs ies. Pn'triiirnbctpre rtmenjeiicy Airway Manage* inrestaurants.}AMA S 963:186(12 Oct):142-3 mereGsnfaence.Tvaihingajri.DG 1976Jun 19. GoffWF. Thai B do when fan bodies an * " Pansdc EA. Airway ocacnacaon by farcin Cod inhaled wiraened. PbetpadMed !968;44(4):135-8 ies: m o n o and Karnoci. rSsccedings of 1976 Svs20- G e m LrL Hiseorical aspects offoreignbasses rais, Man, ami Cybemena Conforericc. TGnhing: in die aii or food panagcL South Med 11979o o . D C Injaime of Electrical jaiEleaiDnk; ' 6*113:1449-54 E n m m (IEEE). 1976 New 1-3 21. A w A . Y t u c U o d Y . l l i a c r C e i a i . k i u l a 7. Patrick EA. Deadon artdysa in '"Hkinr :wdldontfforeignbodies in children: imrr of 500 odi and appoaoora. Boca Ramn. FL CRC Prns, can. J Tbonc Cirdiwaae Sarg 1977;74(!J:l45-5I 197930-3 22. iBoWGFJtRepoaofnKaaaiminEeforie 8. HednfidaHJ.a^bicwarelfcaiblow. ptewnoon offoreignbody acodenn. Trans Am Emere Med Secv 1979-^(5) J8-95 BraidicaDphagolAnn 1969:49:181 a qtxadonnaiir m find the 23. TiickwGlOtrwignbodJabiheoophagin moBtffinivracuinent.Ero(iner 1980;12f7): orrespinrnrytract. In: Pipardla MM. Shumnck 59-64 vT. DA. coV OajkiytigcJogv. Pniladdplui: "WB Sauni a ObfamttThcbiopyac/cooldBtttba) - den. 1973:753-65 ^ C B J Med 1980;I32(Mar):I-2 24. unMrGPJk Foreign bodies in EJM air and 11. Hughe* X Toe coolant cocurevajy Emersnifood passages. la Ferguson CF. Kfndig EL Jr. a k cy 1979; 11:34-8 Feaaov: oealaryngoiogj: Vol 2. PhJadSphn: WB Li PaokkEA, BadeUowibdbrcKsimlidi ma 'anndm, 19711242-70 neuwr con lives. Eraerg Med Strv 198&90) J2-5 25. UUejrMH. Hutnnolreviewof the liimnjn: 13. Heonlich HJ. Exroa in SEmdaraj, Emeraaicv . an5ympl979Jl(3W4-31 198* I; 1301:22 26. ETkrWCHaaamRh^RKia^vnirjon: 14. HeicdkhHJ.TheHeimiichnBnoivtrvjbadt mnuiramrescue.N EngfJMed l973->i89(2);81-2

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44L C b m d n N . i ^ W L D . T H a U a d t M l . A b . dornirui binding during aidiopuimotiary naujciobon in man. IAMA !981:246(4B51.3 47. B B n n i i J , E W W a i W W . A u , W C Coro nary anery rupture by > mirai valve pconjioa iner d c ^ die* manage. Ann The: Sure 1770: 90W67-71 * 40. D ^ S C B I o o o n i f U E C of complete p a n e rupture mm pi in ring asadaax. BM1
W5-J(5980):4M5
J

49. E m m DA, Gooey DR. Corapliorion* of! g"diopukionirrnaariqrinn, HnrlLuni 197&5C):805-6 * 50. jmfI^OMMmiLEAcomplJeaionof' aidiac rfunrirmoo. (Lener) Am Hart I 1975: 90(5)^ao 51. aflwdi pC ^^"'Tarinn and eirjqienca of a ordiac Banejraaai ;ervscc. C== Anacofe See [ 1966;i3(I):52-6l 52. ? i - i R H u r a J P . K o o d J J G , a i l . C o r a pucanoni of &BmM*m aidiac manage in fbnav ac iUJBjr majrriaL Dan Mod Bull 1363;! 5(8): 225-30 53. PanmoaRH.BanH^ra.JsuuapS.Caoapuaoanj of exnsnai oidbc reaudtaden: a retrojpeori* review and jurvcy of die luemure. Med Ann DC1974:43(AUg)-.389-94 54. ToJa-MMrKMH-VSKSeriomnaumain diiidrai after aarnul aidiac majgr. N Ecud I Med 1962067(6 Sep}:500-1 55. GonaouASCndcal comparuoo of ardczaj cough maneuvca, manual emuadon manarven, and mechanical device! &x emergency management ofairwroimjcbc. ProenmdbeforeJointMeeting of the Ninons] Red Croat on Emergency Man agement of Airway Objoucrion. "wajQuunDn, IDC 1975 Nov *^ 56. Crtcdta AS, Bck<MKIu<ia{plu PR Emer gency maiiagtmenicf foreign body airway oajnucrici:a*npiriibnofaraDaaIo3u^a3iuuqua, manud endcadon maneuven, and ample medunkai device*. In: SiEir P. Ham J, edt Advance! in cardjcraimonaty i marine. New York SprineerVerU, 1 9 7 7 : 3 9 - 5 2 ~ 5 7 j S M U M C C Waimii D, S u W b X Airway oonrucaon byfcwWBmurmL umignicy manage ment. Ptraented bdore Joint Meeting of" rne NadonliRad G-oa on Emergency Management of Airway OhHiucDcuL Wuhuiajoo. D C 1975 Nov 58. GaikiiierC^ , wTIEuii,D,5iiok=bXAiiwiy obsnuccd byforeignmaterial: the Heimlidi rmneuvesJACEP 1976:5(9)^75-7 59. IfcddlngJ&Theriiokuigajnmjvenyicrida^* of evidence on die Homikh mancuv Crir Care Mod !97V(10):475-9 60. Mdntyre KM. Emergency treatment of airway oarrikcnon. UnpublisJied jurvey by die American

Heart Ann (discuued in refeence 61) 61. G*nn DS. Emergency marugement of the obarucrai airway, JAMA 1980-243(11):1141-! 62. Ruben H, MiMMMgfana a The gcaonentof rowi-chokirig. Pracdrioner !978:221(1325):725-9 63. OtiamiSdJP. Vcmiringaiaoamp^jcadooofshe Heimiich maneuvet JAMA l987J58(4):512-3 64. PanicfcEA. The Heunildi maneuver and drowning. (Letter) JAMA 1987J5S(23) J38S-9 65. AtnoitamAadeaiyoflWriRevocdaat udforthe choking chikt Pediarrkj 1986:78(1): 66. Hcimu\m maneuver officially wcfaoa Kirk blow. (Editorial) Em-rg Med Ser/ 1985:! M6)7 67- Pefkk EX. Airway obruaion by foreign bodxx enerjia indaadida. Piaenred befim Joint Meeriog of die Nadoral Red G o o on EnMrgcncy ManagemcntofAirwryOUiuaion. Wjsfutntton, D C 1975 Nov * ^ 68. FacrJck EA. Plotccal fbr diagnaqi and gftafr mem of toreign body airway objouoion. In: IDedon inalyiii in medjdne: medlodi and applkanora. Boa RatfM,, FL: CRC Pren. I979-209-20 69. WainRD. Foreign body airway obstrucrion: eon-nnmrinni in 1985-GnaiJadon i986;74(6 Pr 2)JV60-2 7tt BnkflR.Biomechania of upper lirwavobarocnon. Proaiied be&n: die NanonaJ Reteandi Council Emergency Airway Management Confer ence. %ihingion. D C 1976 Jun 21 71. Tmjinjfl JE, Rodman RL K m , R U e l t Emergency maiicinc: a ccmpreheniive ttudy (Mide. 2d ed. New yontMcGtaw-Hia. 1985-5 72. T i n a n ^ J t R o e b a d n R ^ i f n ^ ^ g L , ^ Emergency medicine a oanpttteniive snjdv etude. idedNewYoncMcGow-Hil 1988:5 73. Pacridt EX Fundamentalt of pattern recogni tion. Engiewood Offi, NJ: Prenrxe-Hall. 1972 74. Wrinen cxmmuniodon, Tilliam Scudden. Aug 1.1980 75. Written communionon, Royce j . Brimxi. Jan 8, 1980 (ducuned in reference 61) 76. DyRL Management offoreignbody airway oomucooo- Procmcd before National Conference on Srandani and Guiddincj fbr Onicoulmonary Rraarinnnn and Emergency Cardiac Care. DiLUg 1985 Jui 11-13 ^ ^ 77. DwRUOJmES.DuBoiiAB.Crcldred-.Heuniich abdominal thrua vi back Uowi an ap^ proacb co meawrement of inerriai md aatxtymrni: b r a . Pediairia 1982:70(1): 113-9 78. Pan^EA.rWnaJ.ArtdkialinndliKcricrwidi HanioaJ panrmrecognition.Engiewood Oiffi. NTPrendce-HaJl. 1986

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I
University ol Cinclnnall
Department of Eiectflcal and Computer Englneoi Mall Location 30 898 Rhodes Halt Cincinnati, Ohio 45221 Phone (513) 475-44G1

August 16, 1965

C. Everett Koop, M.D. Surgeon General 200 Independence Avenue, S. U. Room 716 G Washington, DC 20221 Dear Dr. Koop: The lives of many Americans are endangered as the reeult of Red Cross first aid instruction for treating choking victims.
%

For ten years the Red Cross has taught Americans to slap a choking victim on the back. Research on choking and drowning was presented by mys< and other professors and doctors at the American Heart Association meeting Dallas on July 11-13, 1985. The conference, cosponaored by the Red Cross, concluded that the Red Cross must withdraw back slaps and teach only the Heimlich maneuver to save choking victims. Although the Red Cross stated will eliminate back slaps, it has not informed the public of the back slap dangers. As a result, millions of Americans are not aware that the back s they learned in Red Cross classes, publications and posters can endanger lives. A national health emergency exists; it is urgent that you inform the public through the media of the .back slap danger. My research presented in Dallas showed that the back slap does not wo and can drive an obstructing foreign body deeper into the throat or lungs. Furthermore, it proved (1400 confirmed choking cases) that back slaps quadruple a choking victim's risk of complications including unconsciousne and death. Dr. William Studden, Professor of Statistics at Purdue Univers said the approach (Patrick's) was accurate and statistically significant. Richard Day, M.D., Professor Emeritus at Yale University School of Medicin independently reported at the Dallas meeting that Patrick's analysis is th largest and best study. Dr. Day also presented his own Study which shows slaps drive a foreign body deeper into the airway. All studies showed the danger of back slaps; Dr. Henry Heimlich, President of the Heiralich Institute at Xavler University, presented 130 ye of scientific literature that show the ineffectiveness and danger of back slaps. Not one piece of evidence was presented to support back slaps. Ba on these presentations the conference concluded to eliminate back slaps in order to avoid injuries and deaths. Only the Heimlich maneuver must be us to treat choking. ^^^^"^^^ r EXHIBIT

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C. Everett Koop, M.D. Washington, DC Page 2

August 16, 1985

Not one more life must be lost with the back slap. As recently as th week a woman in Salt Lake City reported ahe was slapped on the back and wa progressing to death until someone performed the llelrolich maneuver which s her life. Ten-year-old Jody Jordan of Senecaville, Ohio, was slapped on t back and a zipper was driven Into his lungs, typical of cases leading to d or requiring surgical removal. It is essential that you inform the public through the media of the danger of back slaps to decrease suffering and save lives.

Z'C> Edward A. Patrick, M.D., Ph.D. Professor

cc:

Henry J, Heimlich, M.D., Beimlich Institute Richard Day, M.D., Yale University School of Medicine William Studden, Ph.D., Purdue University James M. Fattu, M.D., Ph.D.'*'Indiana University School of Medicine Harry L. Gibbons, Director, Salt Lake City Health Department Robert S. Mendelsohn, M.D,.

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Washington Post, The (DC) October 2,1985 Heimlich Maneuver Endorsed Author: Cristine Russell, Washington Post Staff Writer Edition: Final Edition Section: First Section Page: A9 Index Terms: 8503170146 CHOKE Estimated printed pages: 3 Article Text: About five years ago, Dr. C. Everett Koop saw his young grandson choking while eating. He quickly moved behind the child, put his arms around him and, with a quick thrust of his clasped fist into the boy's abdomen, dislodged a large chunk of meat that "shot about four feet across; the room." Yesterday, as the U.S. surgeon general, Koop endorsed the lifesaving Heimlich Maneuver "as the only method that should be used for the treatment of choking from foreign body airwajy obstruction" and prodded the American Red Cross and American Heart Association to move more quickly in adopting it exclusively. Noting that "more than 3,000 people diefromchoking in the United States each year," mostly while eating, Koop said that "the best rescue technique in any choking situation is the Heimtich Maneuver." He urged that other methods be dropped immediately as "hazardous, even lethal," particularly the traditional use of sharp blows L o the back that he said can drive a foreign object even deeper into the diroat. In doing so, Koop jumped into the middle of a long-running controversy in the public Ibealth community over the place of the Heimlich Maneuver in first aid procedures. The technique is named after Dr. Henry J. Heimlich, a physician at Cincinnati's Xavief University who developed the life-saving "hug" in the early 1970s and has since widely promoted it as the best method of saving a choking victim. But the health organizations who advise the public and the medical profession on first: aid have been
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slower to adopt his stance and for the past decade have recommended that four sharp blows to the back be attemptedfirstbefore the "abdominal thrust." In July, after a national conference reviewing their guidelines, the American Red Croste and the American Heart Association made a joint announcement that the advisory panel bad recommended "exclusive" use of the Heimlich abdominal thrust. Their press releases said that the change was being made to simplify teaching offirstaid, but maintained that both back blows and the abdominal thrust are effective. Yesterday, spokesmen for both groups repeated that view, saying that the recommendittion on the Heimlich Maneuver is still under review and is not expected to be adopted officially tfctil early next year. "Dr. Koop and Dr. Heimlich are not giving the process quite the chance it deseives," responded Red Cross senior vice president Dr. Lewellys Barker. Koop said in an interview that he felt the need to act more quickly after receiving letters from Heimlich and University of Cincinnati professor Edward A. Patrick, as well as his knowledge of the value of the procedure. "I felt that I couldn't stand around and wait." Patrick, who has performed research showing that the back slap can drive a foreign otjject downward, complained to Koop that the "lives of many Americans are endangered as the result of Red Cross first aid instruction" and said "it is urgent that you inform the public through the media offlieback slap danger." Heimlich said by telephone that he was concerned not only by the slowness of the first aid groups' response, but by their "denial that the back slap is unsafe." His procedure uses the large volume of air in a choking victim's lungs to help expel aforeignobject if a rescuer presses sharply andrepeatedlyon the victim's abdomen with one balled fist wrapped in the opposite hand. The Wow is administered at a point just above the navel but below theribcage zwd the diaphragm. It can be used on a standing or sitting victim who is conscious or unconscious as v^cll as be self-administered. While it can be used on children, Koop said yesterday that "back sloping is still the recommended method for treating children under 1 year of age held in a head-dowta position." Copyright (c) 1985 The Washington Post Record Number: 8503170146

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DEPARTMENT OF HEALTH & HUMAN SERVICES

The Surgeon Gener; Public Health Sorvic Washington DC 2<

9 sv.r U

Edward A, Patrick, H.D., Ph.D. Department of Electrical and Computer Engineering University of Cincinnati Mail Location 30 898 Rhodes Hall Cincinnati, Ohio 45221. Dear Dr. Patrick: If you ever make a better mousetrap, the world will have trouble finding your door. I made five calls to the University of Cincinnati, trying to reach you. Although there were some people who knew that you existed, no one seemed to know where. Hence this letter. All T wanted to do was to inform you that I had taken some action in reference to the Kcimlich maneuver versus baokf> lapping. I issued a press release on the matter several weeks ago {a copy of which was mailed to you}. There will be a discussion of the matter j . n my monthly column which appears in weekly newspapers throughout the country. Also, the matter will be discussed in an editorial in the next issue of Public Health Reports. 1 called Henry's Office, found he was in New York, but left a message. Thank you for your letter. It was very much appreciated,

Sincerely yours,
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C, E v e r e t t Koop, M . D . Surgeon General.

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COMMON PLEAS COURT OF HIGHLAND COUNTY, OHIO

EMERL CLIFTON HENSON, et al . Plaintiffs - vs : CASE NO. 97-CV-066

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HIGHLAND

DISTRICT

HOSPITAL, et al. Defendants

Deposition of EDWARD PATRICK, M . D . , Ph.D., a Defendant herein, taken by the Plaintiffs as upon cross-examination pursuant to the Ohio Rules of Civil and Procedure

as to the time and place and

stipulations

hereinafter set forth, at the offices of e 2300, Cincinnati, Ohio at 2:00 p.m. on Friday, March 5, 1999, before Jeanette E. Calhoun, a Registered Professional Reporter and notary public within and for the State of Ohio
* * * * * *

Lindhorst & Dreidame, 312 Walnut Street, Suit

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in order to get your A. Q. Correct.

education?

No one provided

financial

assistance

for you during this period of time? A. Well, I had some financial things

assistance in terms of sabbatical and like this that I was able to use. Q.

And that would have been provided Purdue?

through obviously A. Q.

Correct. No one else provided any financial

assistance other than Purdue? A. There was some financial assistance

provided by an institute called the Regan Street Institute. Q. how -A. Q. A. How did they provide it? Yes. I don't remember. It's, I forget if And why were they providing, tell me

they paid me directly or just how they did that. I forget now. Q. Was it a scholarship that you had to them

apply for, or was it an award, did you owe any cooperative work hours during school?

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A.

It was because of my

accomplishments in

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9

and who I w a s .

I was pretty well-known

terms of my accomplishments. demand. Q.

I was in great

So am I to understand

that then to

be a grant as opposed had to work it off? A. this point. Q. A.

to something where you

I wouldn't know what to call it.

At

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Gratuitously

accepted? It

I wouldn't know what to call it.

was support, and I don't know what to call it. I was offered something similar at Baylor, I was offered something similar at Duke if I

wanted to do it.

I had a family, and I really

don't know what to call it. Q. You've got one year after medical about

school that's here on your CV that talks working with D r . Heimlich.

Was this, I presume that

this wasn't your residency since you have

listed separately here at the Jewish H o s p i t a l ; am I correct? A. Was that an internship?

This was a time when Dr. Heimlich expertise

and I were interacting because of my

in engineering and medicine and his expertise,

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"age 13 of 19 19

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and we were doing joint research Qinternship A. Q. A. Q. Am I presumptuous then?

together.

this was not an

This was not an internship. It was not a residency? it was not a residency. Would you consider this a fellowship that?

or anything like A. fellowship. Q.

Some might consider it a

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Were there any sponsors of

that

fellowship for you to work with Dr. Heimlich? A. As I recall, I had grants. As I

recall, at that point I had grants. Q. university? A. at Purdue. Q. In all likelihood, those grants agencies? came i was still at Purdue. I was still But that would have been from the

from Purdue as opposed to outside A.

They would have come from outside

agencies to Purdue. Q. A. Q. When did you become 1976 . And what state? licensed?

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A.

It was during 1974 and 1975 that Dr

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Heimlich and I did the work which led to the development of the Heimlich Maneuver. what we were doing. Q. correct? A. Q. A. Q. Ohio? A. licensed Probably 1975 is when I became in Indiana, or '74 or '75, I forget '75 is when I became licensed in Yes . In what Ohio. state? I'm sorry, Indiana. in You became licensed in 1976, That's

When did you become licensed

which, and Ohio. Q. A.

Okay. First it was Indiana, my home state, the

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the school of medicine state that you take

FLEX exam in and then you get licensed in other states, and the other state would be Ohio. That was the second one. QSo am I to understand that upon your licensing that?

23 first availability to take the state 24 25 test in Indiana, you did so and completed A. Not the state licensing, the

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federal, the federal FLEX exam which

allowed high

me, and I passed it with a sufficiently score that allowed me to be licensed by reciprocity Q. in other states. When you completed then the

remaining elements 1975 or '76 -A. Q.

for licensure in Ohio in

Well, I had already

-- y e s .

The FLEX, I understand, was passed,

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but you completed whatever else there was to finalize licensure in Ohio in '75 or A. Q. Yes. You have here a resident Roman '76?

numeral I for your residency at the Jewish Hospital. A. What does a Resident 1 mean? The Resident I means a rotating residency.

residency, resident one, a rotating Q.

If it is a rotating residency, why for

do you have in brackets then designed emergency A. medicine? The boards of emergency

medicine

were in the process of being created at this time. Emergency medicine was emerging as a new

specialty, and it was my decision to be an emergency physician and to become board

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certi fied. The American Board of Emergency

Physicians approved a residency program which would be a combination of residency and

practice, and the first year of that would be Residency I. And so that was an approved Emergency There were very One or two

program by the American Board of Physicians which was emerging. few residencies in the country. were just getting Q. started.

Did you go back to Purdue

University

for the three-year residency training with D r . Heimlich? A. No. That would have been with D r .

Heimlich, it was especially arranged by the American Board of Emergency Physicians. Q. A. Where was that?

It was completed here in Cincinnati

with Dr. Heimlich. Q. The earlier research in emergency '74 to '75, was Dr. Heimlich here

medicine from

in Cincinnati at that time also? A. correct. Q. Where did he practice out of? W e l l , Dr. Heimlich and myself,

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25

1 2 3 4 5 6 7 3 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 page .

A. Q.

Right. Are you licensed in any other states

besides Indiana and Ohio? A. Y e s , I am, and they're listed on the

succeeding page. MR. KNEAFSEY: Top of the third

BY MR. SCHNEBLE: Q. Thank you. Why did you seek a

license in Alabama? A. My services are in demand, being a

board certified emergency physician, and I primarily reside in Ohio and do medicine in other areas, which emergency includes

Alabama, North Carolina, Kentucky and West Virginia because services of board certified

emergency physicians have been in demand. Q. So these people would have solicited

you for services in response to their solicitation and your acceptance of the same, you sought out licensure to be able to accomplish what they wanted to hire you for? A. Correct. I have a strong reputation to

in emergency medicine, and I often am used

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three months in order to get it started. Q. start-up A. What experience do you have in programs? Seymour, Indiana last January,

February and March would be three months of a start-up program. I'm currently doing a

start-up program in Columbus at Park Medical Center, which has been going on for, this is my third month. And I've been asked to do a new

one in Toledo, Ohio next month for both Toledo and Park, and those are to name a few. Q. procedures Am I to understand that the start-up

that you're in demand now for as you

so described came within the last five years of your practice? A. Q. A. No. How long? No. I helped start a new program at

Medical College of Ohio back in, I was the attending at Medical College of Ohio back, it's

on my resume, the date, and let me see if I can find that. Q. '89 to ' 9 2 . A. Well, there's two I'll call your The dates reflected on page 2 are

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C E R T I F I C A T E

STATE OF OHIO SS COUNTY OF MONTGOMERY

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.)

I, Jeanette E. Calhoun, the undersigned, a Registered Professional Reporter, and NotaryPublic within and for the State of Ohio, do hereby certify that before the giving of aforesaid deposition, said EDWARD PATRICK, M.D., Ph.D., was by me first duly sworn to depose the truth; the whole truth, and nothing but the truth; that the foregoing is the deposition given at said time and place by said EDWARD PATRICK, M.D., Ph.D.; that said deposition was taken in all respects pursuant to the agreement and stipulations of counsel hereinbefore set forth; that said deposition was taken in stenotypy by the court reporter and transcribed into typewriting under her supervision; that the transcribed deposition is to be submitted to the witness for his examination and signature; the court reporter was neither a relative of nor attorney for any of the parties to the case, nor relative of nor employee for any of the counsel and has no interest whatever in the result of the action. IN WITNESS WHEREOF, I herein set my hand and official seal of office this 18th day of March, 1999. My commission expires September 4, 2001 Jeanette E. Calhoun, RPR Notary Public, State of Ohio

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SUMMARY JUDGMENT EXHIBIT O

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ong ago in fourth-century Armenia, there lived a man named Blastus who was both the Bishop of Sebaste and a physician. Legend has it that, to avoid persecution as & Christian, he hid in a cave, where sick animals would come lo him for help. But one day his persecutors arrived instead, Bias!us was arrested, and while imprisoned, he healed a child whose airway had been blocked by a fish bone. Such is the tale of St. Blasius, the patron saint of choking.

The man, the Maneuver, and the many battles of Henry Heimlich

by Brad Herzog
Sixteen centuries later, in 1920, a child was born in tYihnim;ton, Delaware, on February .3, the dayof the Feast of St. Biasius. Henry HomEch "41, MH '43, would be celebrated as a beaky perhaps the mfifi wiJcK known physician o! im generation. fcdeed, i.f there" wens art Kponym Hail of fame, his bnmm bust might go next hi those of 'Samuel Maverick and she Earl of Sandwich. The Heimheh Maneuver, introduced in 1974, ts iiaw so ingrained it) society's consciousness that it seems always to haw been ! here. Make a jhi. Baos the ikumb title <i$iimi rfar iilnhmen, above tiw tumi bin below the rib en.ee. Group fhefiit with your inher hand an,! prv into the Mkhtwn with qukx upward iftnats. \%tial A modern'day Blasius in the jjuise of a now ci;.;bty-ibur-year~okl Jewish physician in Cincinnati. Perhaps the irro.st fesu$8g thing about the man behind the maneuver is not neixssanly thai he developed a EfiSavmg tech-

M\I:UI

AVKH

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nape used around the world, or thai he produced several other contributions to medical science, or even thai he has.! ataly setliss s%hts on nothing less than fading she cure for AIDS and the key to world peace. It is that the man often credited wish swing more u i than any other Aioerican has also been described by MMH: ipe lical expert.*, as reckless and even dangerous. Heimiieh prefers to think of hi.-, critics as persecutorseither unprogressive purveyors of at i imperfect stet as cjuo or pedestalEoppiera aiming to drag a famous nape through the mud.The truth of the mailer, as Is often the ease, may lie somewhere in the middle.

n the peach-colored watts of the of&es of the Hetm lich institute at Cincinnati's Deaconess Hospital hang a dozen framed cuniics referencing she doctor's claim to lame. He i lies oat at his chair, shuffles p s p t M the four-Toot caterpillar on the floor [a stuffed version of 'Tkimlien/ an oft-hungry characterfinm dreammated film A /',.>..- i i.v , axtd points out his favorite, which shows a doctot puttingty$ana around it tjurse in a darkened movie theater. Hie caption reads 1 teimucrj - fioa Maneuver,1" " . tua ... the first maneuver was petfohned on a beagle, The way Heimheh remembers ii, while readings magazine article one day in the early 1970s he m$ surprised to learn Oiat choking os food was among the leading causes ol accidental death. Since 1933, the American Red Cross bad beet; promoting back slaps as

the appropriate aid to choking victims, even though Heimiieh claims scientific evidence .showed that it can actually force a chok ing object tighter into the aii way. "I wondered, OK, what will drive the object aw*} uoni the airway?"says Heimiieh, who Was at the ftrue director of surgery at Jewish Hospital in Cincinnati. He inserted a tube with a balloon on one end into the larynx of the anesthetized dot; and tried different ways of pressing on the chest without success. Finally,- he pressed under the animal's diaphragm and found that the tube was expelled consistently. He unveiled his findings to an article called "Pop Goes the Cafe Coronary,' published m ihe lune 1974 issue of Emerfencj' Mcdkuw. A newspapercolunvniM in Chicago picked up the story and wrote a syndicated article, Which was noticed by a restaura teur in Seatde, A week later, the man successfully performed the maneuver on a choking woman and became the first of thou sands of Heimiieh heroes, According to Heimiieh, he originally clubbed his discovery ""sub-diaphragmatic pressure," hut when letters began pouring iit with accounts1 of peoplemiraculously trough , . > n the brink of expiration, the editors of the fmitml cftke American hiaikdi Association decided to name the procedure after its inven tor. 1 he Heimiieh Maneuver entered the mainstream with remark able speed, mi it has been pop-culture fodder ever since-~from Archie Bunker (the king of bigots saves Sammy Davis Jr.) to Homer Simpson the chokes on a doauf '.chile his co-workers ignore a Heimiieh Maneuver poster in favor of a Softball team sign-up sheet'. 1 is Tador, (iher, and Goidie Hawn are listed among the thousands saved h\ the I u iirffchj soaas lack Lemmon, Walter Mattlwu, and Ronald Reagan. And ^ the fame of his maneuver spread. Henry Heimiieh became, a celebrity himself.

T
HetaHch too: In 1988, teyop-eld Brent WeJdrtim, of lyrai, Massacfcusetts, saved Tanya Btantton, sl^ turn choking on I piece of candy. Meldrum teamed the Helmlktn Maneuver from an episode of the TV show'Bfinsoa'
40 UVKNRU VI.bM.Xs MAUASIKE

he maneuver was not the doctor's first eponymous ' invention of widespread application, or his last. The Heimiieh Chest Drain Valve,, unveiled in the 1960s, attaches to a chest tube and prevents lung collapse in gunshot victims. The Hetmlich Micro'fraeb, a 1980s innovation, permits direct delivery of oxygen to the kings via a tube inserted through the diroat. The first time Heimiieh attached his name to a medical innovation of note was nearly a half-century ,\py, although that episode remains somewhat controversial to this day. In 19S5,; Heimiieh co-authored a paper about m operation he had conceived, which consisted of replacing a defective esopha gus by fashioning a tube from a portion ofthestotmch; tt would gain tame as the nations first total organ ceplacernentHowever, aft publishing the paper, Heimiieh learned data Romanian surgeon named Han Cavriiiu had been performing the operation behind thefconCurtain since 1*351. Heimiieh bier cited Cavriiiu 01 various medical, journals, Sttgge$tiag in one of them that ihe Romanian surgeon "be given priority for having described and successfully performed" the operation. But even a half-century later; Gairrilu remains bitter, contending Heimiieh has sought undue recognition for the procedure."Scratch a liar." he told the Cmimiali Enquirer in 2005, "and I will show you a thief." Theesopkiguvoperation iump.vfark'd Heimlich's career and led to the formation of the nonprofit Dysphagia Foundation fdysphagia is a swallowing disorder) in l%L Renamed the Heim iieh institute 1st 1982, its website still refers to the gastric-tube

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In 1994, a committee commissioned by the Institute of Medicine concluded that the research did not support routine use of the Heimlich Maneuver for drowning; Heimlich called their findings 'scientifically fraudulent.'
procedure as the Heimlich Operation. save drowning victim^ Heimlich has fun into tar srife resistThere are some indications, too, that the name given to the ance. doctor's famous maneuver ignores the contributions of one of Victor Esch, now reth*ed but formerly chief surgeon of the Heimlich'* colleagues. "I always looked at Dr. Heimlich and rue Washington, D.C.. fire department, compare* ifcimlicb. to "a as the Wright Brothers," say*emergence physician Dr. Edward white knight charyjrij* a medieval castle." In 1974, Esdi was Fas rick, who was a Purdue Universlt) electrical engineering procredited In Heimlich with being the irrst person to save a neartessor and medical student when drowning victim with the Heim he , olkborated with Heimlich in lich Maneuver; he reportedly the 1970s, "We worked on this revived an unconscious man in FIRST .AID FOR process together, and we jointly Rehiibom Beach, Delaware, just developed what would he called weeks alter the maneuver was the Heimlich Maneuver." introduced, Ever since, I lei has promoted the maneuver as a Patrick conceived the Patrick IfWWM^ttffiHWWlllll means' of expelling water from ,.*ei!M'#iJiC Energy Model 6ts explain the sir fcflis'Cho the lungs. Although both the pressure of the Heimlich Manen flMiJalttiANCE AHA and ARC incorporate it as ver, performed outcome analysis : 1 \ *'*> ;,-:.. ^ yy ; ;y: y ; part of their rescue protocols, thai he says verified the danger or" . { H*$*i:*&,2l "'.'''. .,,....... they say that iki'R should be back slaps, and promoted the _ _ j Stem. * ' " "' * ' " ' ' " " ' attempted first and the maneuver maneuver on talk shows in the ~ ~ Y ~ 7 ~ ~ ~ I W SrtCTIM CflHNOI SPEMfe, should be used only if something 1970s; The two men remain m BBIATHfc OH DOtJtiH . solid appears to be blocking dost contact, bnl differ on when . P<;j<<},;.! O e i a a i ' a n mmUWHtef BiB r" j tJislit feri of fthj,:et in iorestl attempts at reseda breathing. rh - met; Patrick says it was >,.......,,...! ^ ' exit . , JL^....... ., , before the maneuver was intro Wfflffllp^ Heimlich insists it should be '' f C > "7 .. . ^n I': duced to the world; 1 ieiinlich says 1 . *.. the first response in a rescue 1 " it wa.s after, "Dr. Heimlich once . LJ sequence, "You c a n get air in told me, quite . i..: s agi . thai untii you get the water out," he __ _ ; i did not receive the propei credit >aySt *),, | tejmlich, die drowning for development of the Heimlich debate is another case of the Maneuver," says Patrick. "As to why that is, I'm not sure," maverick doctor with good intentions dueling a stubborn med One thing is certain; Heimlich has made quite a name for himical establishment. sell during his sixty-war medical career, often courting the spot' in I994>s committee di scientists cotamisdorted by/the lostiSigh! I in ins pre-ined days on the Hill, he was drum major of the tute of Medicine concluded thai the research did not support the Goi: sell Band > But whether he has user! Iris kune and influence in routine use of the Heimlich Maneuuu I a drowning; Heimlich aresponsible manner is a matter of some contention. called their findings ''saentUkaiiy fraudulent? Five years later, he and researcher I'ric Spletxet published an analysis in which they announced that a review of ado scientific: papers OUT mote than six decades proved that "the Reirnlkh is the best method for sav eimlich is fond pi quoting Belgian poet and play ing d ma. ning victims "Their ai tick referenced two studies in par wright Maurice Maeterlinck: ''At evert crossway on ticular, which Heimlich says confirmed his maneuver is a safer and the road that leads to the future, each progressive snore successful life-saving response than ('PR, Both studies were spirit is opposed by a thousand men-appointed to performed by the Patrick Institute, presided over by Ins longtime guard the past." associate inward Patrick, It wasn't until 1985, eleven years after the maneu ver was introduced, that Surgeon Genera! C Everett ikArnlklA analysis also notes that, ta 1995t the aquatic safety Koop, MD'41,endorsed the technique,calling other Brra Ellis & Associates, which trains lifeguards at most of the methods "hazardous, even lethal* Hdtaikh Se&ves nations water parks, had switched its emergency response pro the delay in the maneuver's acceptance by the American Bear) tocol to employ the Heimlich Maneuver as a standard first step Association (AHA) and the \nierican Red Cross (ARC) is evi in treating drowning victims. "You nowknoa the -A. nfjfk tacts." dence of institutional ohstin.a politics betraying puhik health, the article concludes. "When feced with a drowning victim, yoa But in insisting that his choking maneuver ctn also be used to can make an informed decision, i km you m good conscience not

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use the procedure you krtowts the best lite-saving tedimqCjef* Bat in -2000. ,i CaHfornradasc<i freelance writer named Pamela Mills-Senn decided to look into th< issue while Wririnu what was. .supposed lobe a 1,500-wprd attkfc for Funwor!d,a puWIotilotio! the International ftssooatioo ofArmisernent E^rlb and A;:: acti Mis If turned into a pauHukingh researched EOiOQOWord v K :... rqwrt on the Hits,icy of the f-JeknlicJi Maneuver for drowning victims- ifbee oi lire experts whose research Betmlkh had referenced to support hiseontrtuioos tofd Mills-Sean that Heimikh ha<| cither misinterpreted * misrepresented their fmdLngs,"Not one of the sources that Dr. Heimikh gave roe panned put," sire says, i be report was sent to OSs & \SMH. rates for review and com ment. Within weeks, the cenipafi) revved its protocols and aligned thenti with those of the Ml \ and ARC. ^cwtheless, Hstrnbtn has 1ontioucd to crusade for his cans*, which ia tecc-nt jndus also iaclodes promoting the htanewvgt to teat asthma attacks, A- 2000 HeimliJ: Institute p r m tIeas lamented that "many Americans still rrustakmiy believe tiiat CPU is the firs! step 'i rescue a drowning victim-* J :' Brewster, formei lifeguard chief for the Cisv of Sail Diego ind current president o! the D.S, Lifesaving Association, believes that the danger of the drowning debate is in the offltJfiietmg messages given to lite-guards. "What Hcimlk'b has done is actraordinariiy reckless, in the sense thai he has dec ted to encour age lifeguards and c#ee emttgency medical scmces pixnaders to ignore she protocols they were taught and follow his recomrcendations, says Brewster. 'Bcvauve of hj$. reputation, it's my opin ion thai many have indeed done NO, which creates, a certain air o) anarch) m emergency mediuti ears, .it least in the field." Heimlkh's rtesponse is simple.* Wh.it method saves thfts betjet? Rsriod,' " i hat's very nivef hrewster MV.V "but Ifevcrv doctor in the world, whenever they came up With a new idea, was able to Sell people."Hey. do this instead of th,u. we wouldn't have medical protocols anymore. We'd have thousands of doctors recom mending different things. ! guess the question i s what gives Henry Heimikh the right to play God with peoples*liyes?'
1

since he had watched a Chinese soldier cite from a gunshot wound to the chest, Htimlich, a certified thoracic surgeon, liad though! about a ivttei- means of removing Mood from the chest cavity. He had noticed that the existing suction devices used in hospitals lor chest wounds worked Bfa one way Butter valves, permitting fluid or air to run m bnly one direction, i-ie stopped at 3 H\e-and-diuie store and bought a children's ntiisetnakera piece of ilaiteoed ntbher tuhing tiiat functioned much like a Stut ter valveMui connected it to the chest rubes of a man with a collapsed iung.i he ffeimhch Chest Drain Vahe was born; ifcimbch introduced it al an American Medical Association meeting Liter that sear, .liter whkh he says lie was approached by navy officers who requested a half-do/cn devices iraoiedia i d e One week later, a telegram arrived from Vietnam: "The Heimikh valve is a lifesaving item. Musi have 100 immedi ately," t h e valve quickie became standard battlefield equipment in Southeast Asia and beyond. Trauma surgeon Kenneth Swan, Mfi "oo, spent, thirty years in the U.S. Army Medic.d Corps, iiKlading three tours in Vietnam, and he agrees that the Heimlich valve has been a major tnnuibution to emergency medi cine, lie not only instructs Students in its use during his Advanced Trauma Life Support course at New Jersey Medical School, he carries one in Ids little black hag, "He made a rudi mentary principle into an applicable device that could heslerfli/ed and snared, and therefore put into use," .says Swan. "1 know he's a controversial euv, but he's also very innovative."

he Heimikh institute's self described mission is to seek "simple solutions for saving lives around the world* Such has been H.eimlkhs pursuit front the beginning. After a nine-month hitcrnship at .Boston City Hospital, he-enlisted in the US. Navy daring World War II and was assigned to he one of a doMi Muvncan.s attached, to General Fu Tso Yt's Chinese Nationalist Army, "] mined the navv because i iike the sea,1 he laugh-,. "So i cihl up in the Gobi Desert in toner Mongolia." White training a medical corps fot the general he encountered soldiers nm\ civilians ill with eacotte diseases, including trachoma, a bacterial infection of the eyelids that was causing blindness throughout Asia, .Although there was no known treatment at the time, Heimikh concocted a remedy consisting o! sultkbaane pills ground ink! a powder and mixed with shav ing cream, which he says likely saved the eyesight of hundreds of people. Two decades iater, in 1964, he came up with another sinsple solution, which he calls "the biggest lifesaves -I've gotten out* Ever
-12 COtl M i . ! . ALWkWJ ';:.

efnjh'eh is a man of roottos. "Creativity requires coura.'e," he says.Tand it all your peers understand what you've done, .von h,iu-Ct been creative;1* This might explain his attempt in r< i enl years to address a modern scourge with a throwback, solution. 1 3 L > advo cacy ol malariiithera|>y--iniectiog HIV-positive patents ahh a curable form of .malariamaybe the most controversial endeavor of ins career. He compares hi.s effort-s to those of two medical pioneers; .Edward Jennet, who invented vaccination in !7$6 wiien he injected an etgnt-year-ohl with cowpos to immunize the boy .sgaaist deadly smallpox: and Austrian psychiatrist and neurolo gist Julius Uagner-Jauregg, who received the 1927 Nobel Prize lor fjhigkgtbe previously incurable disease of rwnvevyphi! is under control through .irtilitial mduction of curable malaria, a treat ment that continued to be used for decades. Each was contro versial in hi.s day, lemur was vilified fot experimenting on chil dren, including hii eleven-rnonth-old son. Arid a member of the Nobel Priw committee attempted to block Wagner- fauregg's honor, calling him "a criminal." Much oj the controversy surrounding Hcimiich's jualariorherapy exi>erimcrjts concerns where they took place. Between E993 and l'JlJ6, the.fieinrhch Institute sponsored chrrkal studies in China. HehniLh has reported that eight Hl\ -positis mate were injected with malaria, which was then cured by tnotpensive drugs alter three weeks of fever cycles. Each of the patients was monitored for w o years, at the end of winch 1 lermlich reoort \ that all were alive with normal CD-I counts ithe HIV virus destroys CIM vdlsj. I !e announced in JtH.H thai only one of the patients had died (&i tion-rAlDS-itilated causes,;, and in 2002 he spoke at the PanAttica *\IUS Conference, where he reported it is

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His advocacy of malanotherapy-Hnjecting HIV-positive patients with a curable form of malariamay be the most controversial endeavor of his career,
"fe.isibk mat nuiariothaapv can produce a:rrmnnesulistasiee-s m HJV-infected patients in sufficient quaaoi its to overcome the virus throughout the body." He ROW churns so be unaware of the patients1 current health. Heimlkh says there is BO known repor i of induced malaria oot being cured, but his detractors contend that the experiment3 are both exploitative and tin afo, Los tejjelcs physician PaaJ Brons-iun, alongtsnte Hcbniich critic who d rganued a petition a dfceade ago aitainst the malaria i-xperitn eats, notes drat "if doesn't take a rocket scientist to realize j/ot don't rjvt ail snicclions disease to somebody who is unrnuna- compromised" lit'imlich insists the VS. Centers for I disease Control and Prevention expressed support tor his proposal to treat cancer patients with malariothcrapj as far [sack as 1986, but m 1993 the Cl K issued > public health warning against the i'leimSkli (mtitute's proposa] for malariptherapffor HIV sreasment. Since then, the orgamzation's position seems unehanitee According to a CD<'. statement released in 2QU.V there is m> scierjtific evidence to snuge^i thai lihth-lever therapies are effective treatment for! IIY. In tact, **e do have evidence that Hl\ -aliecied individtulN in sub-Saharan Africa may hare worse outcome?.' Heimlich cites she oppositestudie*. Sistulucted dm big the l^>6s that showed improved survival for African chtiilreti who \evre HIV-positive and had malaria. Hamiicli, howeu-r.b adamant thai the experiment? .':v , '! : and: properly monitored. "They were followed ver) ,.nt :.::K, arid it w5,rs-done with the eqar.-alent oj out p iblk healthservice in China," he expkirs5..As to charges that hi . oil dkm tandards overseas, he says sthipryc'i was there because the Chinese love me, and i bve them" No Heinslich soldier- on, andetened. I ideed, iie lias ds.\c.u>wd bis osalaraitherapy meir.od with ai least ive visiting physicians irom African countries.*pfteapeopk hoi pposc something most vehemently are those who haw beet) working in the field. and their ideas haven't worked,* he sa) s lere comes smnebojs &om outside the field with ideas thai an i gkat, but threatening, He c-epeats another favorite motto: "Until they challenge you, you Jon 1 know you're right/" "He> .; bit .. . . relic,1 says Mne Hemilab.'c- 1 ifi ol lifty-ttoes years and the daughter ol danct studio legend Arthur Murray,'*] think oneol his great trails is perseveranc& He doesn 1 gne up jusi because the learned authorities s, _ n e w oeeo now wav.Wdd-. Ed Pattkfc,"! est respect for I tr, Heimlkh.! think he has though) outside the boa and has bees capable oj doing pavadigm shifts, 1fe'sa nun with a lot of integrity who works hard and hasmade some major contributions."

Peter btme otters another point 0! view, "He's a g ty who obs iously did something worthwhile a: a certain In this latot deh.ne, Heimlkli's critpointI don't think there's any ques jcs appear to hepartieulariv troabjed by f|' J I N tion about that," he admits, "Bus then the iloetorV niethods. "ile's not an infec he-seems to hays gotten it into bis head EVimtary tttedteitw: 'I know f% a tious disease-expert,' says BronMoivwho that he was therefore competent to do controversial gy; sap retired array surgeon serves as the rtational chaif of the Ethics all kinds oi other things, He's definite!) Kenneth Swan, 'hut he's also wry inowattve.' and Professional Policy Committee for dipped into a auniiuT oi areas in the American College 01 Metiieai tijiialwhich he's ili-tramed. 'There scena to be some grandiose think ity. "So he doesn't evert have the ijuaiiBeat i am to embark upon trig going on," this type of pesearch, It's an exr/erimental 1 i'f;ilnicjil without an institutional review hoard, without patient protection commilOn shis point,at least, Hettrslkh seems JO agree,One careenl fees, and it's no! based on any science. If lie ried t lodo.uivof Ihb project."A (.'.11 an/; World," attempts to use his famous name to in the Untied States, it would be grossly net ;li get it. sOveiinernasiunal arises..*] have evetry iatentiop ol making a con tribution ins field that some might deem outside crn baifiwick, Borroer AIDSresearchei Peter l.urie 'K ' agrees, How deputy Hesmlich says." I tirmh believe there can be creative si slutions to !ph Nailers aonpwR director Qt the 1 Icaith Research Group in K& even the most gargantuan and formidable pfiobkms, lake world watchdog organization, Public Citizen, l.u rfe works to provide peace, foi wimple...." oversight concernmg medical practices ant I practitioners, "Onr bask perspective here is that th s is sorrteone who went and experimented on citizens oi toieain countries on she basis o! the tUtADHiit/OG 'yo wrtimjrequeiiil. fe C >rnell Alumni Magaflimsiest oi evidence and in a way that never would have been liim. Fif'hvn viwrs f t > < a tth tinker i,,-.- ,..->,. frotndu i.: b) fht permitted ia this country," he says. "And that's really outrageoiis.v HatrHkh Meummf.
: 'Ovi"i: A f ' s n . .MiJ-i ,43

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Connected.

Correspondence

Powerful.
Convenient.

Heimlich Maneuvers
DOCTOR RESPONDS TO CRITICS
IN HIS ARTICLE ABOUT ME, BRAD HERzog questions the value of the Heimlich Maneuver to save drowning victims, but omits scientific facts thai say otherwise ("Dr. Eponymous," March/April 2004). Drowning victims die because their lungs fill with water. CPR con sists of blowing into the mouth of drown ing victims. Taught for decades by the Red Cross, CPR yielded a death rate as high as 60 percent Four Heim lich Maneuvers clear the water from the lungs. Afive-yearstudy by lifeguards proved the Maneuver saved 97 percent of uncon scious, non-breathing drowning victims. Herzog also accuses me of treating Chinese patients without proper approval. If he had investigated the matter, he would have learned we had full Food and Drug Administration (FDA) approval. In describing malariotherapy, Her/og ignores studies conducted under the auspices of the U.S. Centers for Disease Control (CDC). Malariotherapy consists of induc ing a curable form of malaria into an HIV-infected patient, then curing the malaria with drugs. Malariotherapy is proven to strengthen the immune system, thereby overcoming HIV infection. Stud ies in an African hospital under the aus pices of the CDC reported 35 percent of children with AIDS alone died; during the same period of time, not one child with AIDS and malaria died. CDC researchers also proved there is no danger from coInfection of malaria and HIV, Malario therapy cured neurosyphilis worldwide for fifty years until 1975, when neurosyphilis was eradicated. Herzog charges that "the name given to the doctor's famous maneuver ignores the contribution of one of Heimlich s col leagues." Herzogquotes [Edward Patrick], a doctor who was a resident at a hospital in 1975 where I was director of surgery. Herzog fails to note that this contact occurred three years after I started my research on the Heimlich Maneuver and a year after it became known to the world. In fact, Herzog stales that I had pub lished my research find ings in Emergency Medi cine June 1,1974, and the maneuver was dissemi nated by the press, Her zog also states that the journal of the American Medical Association edi tors named it the "Heim lich Maneuver." For more information, go to: heimiichinstitute.org. Henry Heimlich '41, MD '43 Cincinnati, Ohio Brad Herzog responds: Despite Dr. Heimlich's attempt to portray the article as a lone journalist's uninformed accusations, all questions about his methods were not mine hut rather those of medical experts and researchers. I just reported what they said. I did not "question the value" of using the Heimlich Maneuver to save drowning vic tims; 1 explained that it remains a matter of debate in the medical community. There are "scientific facts" that support both sides, sub ject to selective interpretation. Regarding the malariotherapy experiments in China, I did not "accuse" Dr. Heimlich of misconduct; I related the objections of medical experts ranging from AIDS researchers to medical ethkists to the U.S. Centers for Disease Con trol. Dr. Heimlich says that I "ignore" a particular study performed in Africa, which he believes supports she use of malariotherapy for HIV-infected patients. hi fact, I cited it in the article. However, I also noted the

eCmell.c0m/0frt!ne/aiumirf

CORNELL ALUMN'I MAGAZINE

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COBRESPONDE.N CE

CDC's warnings against nwkiriothempy treatments, issued as recently as 2003. As for the "full FDA approval" to which he refers, the FDA informed Dr. Heimlich that it had no jurisdiction in China. The makrictherapy study mis approved by an Jnstitutiotial Review Board (1RB) affiliated with the now-defuna Great Lakes College of Clinical Medicine (GLCCM), a nonprofit association of alternative medicine practi tioners. After an inspection of this review board in 1999, the FDA found several vio lations and forbade the IRBfrom approving any new studies. A March 2000 FDA letter to GLCCM secretary L Terry Chappcll con cluded, "We have no assurance that your SRB procedures are adequately protecting the rights and welfare of the human subjects of research," Regarding the development of the Heimlich Maneuver and the possibility that Dr. Edward Patrick's role has been over looked, it is simply a matter of conflicting recollections. The dates of the Maneuver's unveiling are not in dispute, but (as the story noted) the two men "differ on when they met." As Kenneth Swan, Ml) W, said, Dr. Heimlich is "a controversial guy." The article was intended to offer an objective examination of some of the controversies about his work, airing contentions on both sides of the issues, I believe it did so. THANKS FOR A BALANCED ARTICLE on the extraordinary accomplishments and controversial assertions of Dr. Henry Heimlich '41, MD '43. Mentioned in pass ing but hot highlighted was an achieve ment that caught my attentionthe chronology of his education. How does one sai! through a four-year graduate school in two years? Dr. George Vbogy '58

Cornell Hiliel The Yudowitz Center for Jewish'Campus Life presents

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Ed. Note: According to Elizabeth Shepard, Assistant archivist at the Weill Cornell Medical Center Archives, Henry Heimlich started medical school in the jail of 1940 under a program that admitted "seniors from scientific colleges of good standing." Tfiese students received their undergradu ate degrees at the end of the first year of medical school, so Heimlich was awarded his BA in .1941. After the United States entered World War H, there was an accel eration of medical school graduations; Heimlich was admitted in the Class of 1944, but his class, due to the acceleration,

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fcCHl

COUNTY HOSPITAL

P.O. Box 280, 299 Glasgow Rd. B u r k e s v i l l e , KY 42717 270-864-2511

August 2, 2006

Ms. Deborah Hawkins Regional President NES healthcare Group 5810 Southwyck Blvd., Suite 205 Toledo, OH 43614

Dear Ms. Hawkins: I am afraid that I must bring to your attention a matter of great concern thai requires immediate attention. I am the Interim CEO of Cumberland County Hospital and have been in the position for only a few weeks. At my first Medical Staff meeting, which was attended by the entire hospital active Medical Staff, I was asked to have Dr. Edward Patrick removed from Emergency Room coverage as soon as possible. Since the previous CEO had not informed me of any particular problems with Dr. Patrick, I was very surprised. Even more surprising was the fact that the entire Medical Staff agreed without reservation. The Medical Staff complaints ranged from over utilization of resources and lack of personal hygiene to incompetence. Numerous instances of the each of these complaints were cited. The next day I called Laurie Rogge and informed her of the request. She stated that there had never been any complaints from the previous CEO regarding Dr. Patrick. I agreed with Laurie that a further examination of the problem was needed and have spent the last few weeks talking with Medical Staff, EMS Staff, Emergency Room Staff and patients. As a result, I have concluded that the complaints are valid and can be summarized as follows; Excessive ordering of tests and procedures Over utilization of IVs, many with Potassium Excessive delays in treatment Excessive reliance on flash cards and the Internet for diagnosis and treatment Unnecessary transfers of patients due to his inability to read CT's Unnecessary transfers of patient who could and should be treated by the ED Physician or Hospital Medical Staff Over utilization of helicopter transport of patients Inappropriate utilization of antibiotics, particularly Rocephrin and Zithromax Rudeness and intimidation of patients and staff Poor personal hygiene

Serving

Cumberland

County

for Over 40 Years

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Given the circumstances, I do not believe that counseling would be productive and the Medical Staff agrees. I am convinced that the complaints regarding Dr. Patrick's competence are serious enough to warrant immediate removal from the ED schedule. 1 would be pleased to talk with you regarding this problem; however, you must know that we are resolute in our decision. I look forward to speaking with you soon. Regards,

David M. Snyder ' Interim CEO

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From: To: Date: Subject:

Denise Abbott Morra, Vincent 5/26/05 4:40PM Edward A. Patrick, MD

This information is a follow up to receipt of a fax with information bringing Dr. Patrick's credentials into question. We first received this information in October of 2004. At that time, Dr. Patrick reported that Dr. Heimlick's son had a vendeta against him and was creating problems under various journalistic pseudonyms. We noted that the original paperwork was from 2000 in our file with various updates and some proof of this "vendeta" was obtained on various web sites. We required that Dr. Patrick complete a whole new application and a total re-screening process was completed. Dr. Patrick was found to be a 34 point EM boarded physician with no law suits, [one case which was dismissed] At this time I have reviewed and compared various data in this file. Unfortunately, I have confirmed the claims in the articles forwarded to NES and Burkesville, KY hospital that the physician DOB is listed as 10/7/37 for OH license and on our original application. In 2002, the DOB is not filled in on the application. In 2004, DOB is listed as 10/7/47. Mary Bandeen accessed the OH license and NC Med license. Again, we find this same discrepancy with OH listed as 1937 and NC as 1947. My concern at this point was whether this was the same physician. I have received a government issued picture ID from Dr. Patrick via fax with DOB listed as 10/7/37. I also note that Dr. Patrick was removed from 4 facilites. He currently, only contracts with NES KY, Inc to work in Burksviile, KY. Minimally, this physician has "lied" on hospital and license applications regarding his DOB. This alone is grounds for cancelling his contract. I await information/confirmation from this physician that he really IS Edward A. Patrick, MD [notorized government issued photo !D]. He initially promised a reply from his attorney in reponse to the supposed slanderous articles and now requests that I CALL his attorney. I will not be calling his attorney. After just now speaking with Dr.Patrick, he continues to state that the "1947" DOB on the October 2004 application is being misread or was completed by someone else for him. The signature and all writing throughout this application is very clear, in the same blue ink and matches his signature. This guy seems to be more hassel that he is worth. He does NOT have suits but his current practice does not match that of strong EM boarded MD. I recommend that we cancel his contract at this time. If operational issues override this recommendation, I would like a new application with the correct DOB and a notorized government issued photo ID added to his file. I also would not use him at other faciities. Thank you, Denise

Denise Abbott, RN, MSEd Director Quality Assurance/Risk Management NES 5810 Southwyck Blvd. Suite 205 Toledo, OH 43614 Phone: 1-800-456-1495 Fax: 1-419-867-2996 dabbott@neshold.com

CC:

Dile, Shelley; Durco, Karla; Hawkins, Debra

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2**MemorialHospital

APPLICATION FOR APPOINTMENT TO THE MEDICAL STAFF

EXHIBIT

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Scott Memorial Hwpltul

IDENTIFYING INFORMATION:

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SUMMARY JUDGMENT EXHIBIT Q

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May 26,2005 Office of the Inspector General Department of Health and Human Services FAX: (202)260-8512 Page 1 of 14 To whom it may concern: This is to make you aware of information regarding Edward A. Patrick MD, currently employed by Cumberland County Hospital, Burkesville, KY His employment as a locum tenens at this and other hospitals was arranged through a medical staffing company, NES Healthcare Group Since 1976, be has also obtained employment through numerous other medical staffing companies. Dr. Patrick has been billing Medicare through Cumberland County Hospital and numerous other hospitals at which he has been placed by medical staffing agencies since he began practicm* exclusively as a locum tenens physician since 1976. Dr. Patrick has recently been the subject of a number of lengthy news exposes, including three cover stones. Concerns have been raised regarding the legitimacy of his claimed medical residencies and other credentials, as well as his participation in a medicalfraudwhich led to the significant loss of life. Among other concerns, Dr. Patrick now holds six active state medical licenses,fourof which . including his Kentucky medical license. were obtained with a false date of birth which shaves ten years offhts actual age. Dr. Patrick has had _ 30-year association with Dr. Henry Heimlich, known for the Hcimlich maneuver. Dr. Hetmi.ch has also been the subject of numerous recent news exposes. All articles and wUrtKNrt mformation about Drs. Heimlich and Patrick may befoundat this web site nttpV/heimltcninstrtute com It should be of interest to all parlies that a number ofreportersfor national media outlets are currently working on additional storiesregardingDrs. Heimlich and Patrick. Please see attached; Playing Doctor by Thomas Francis, Cleveland Scene (cover story), October 27 2004 S2f*2ir?r* *? rime ' ***** When Q doctor does * * - * f c * r Edward Patrick, the Onto Meduxd Board isforgiving. - Gore in the i?, Cleveland Scene, letter published November 17, 2004

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Selected pages from: http://bdttilichinstttutt.com - First page summary - First page of chapter entitled Bogus CredeTiticds 10/7/96 divorcefilingshowing Dr Patrick's actual birth date of 10/7/37; his Kentucky medical license application states his birth date as 10/7/47 - Information showing his Kentucky medical license was obtained uBing forged signatures, apparently signed by an employee of a now-defiinct medical staffing agency HKA Locum Teaens of Atlanta, GA. Fax confirmation of delivery receipts verify that all addressees have been duly notified. CC: Vincent A- Morra, President NES Healthcare Group FAX: (631)265-8875 Robert Flowers DO, Director of ER FAX; (270)864-1305 Gtenda Thurman, Medical Staffing FAX: (270)864-5342 Cumberland County Hospital, Burfcesvitle, KY Media

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From clevescene.cona Originally published by Cleveland Scene Oct 27,2004 O2004 New Times, Inc. All rights reserved.

Playing Doctor
Lying on a resume isn't a crime - except w h e n a doctor does i t Luckily for Edward Patrick, t h e Ohio Medical Board is forgiving.
VY THOMAS FRANBB * *

TiHft.FraDrisC^ckvescene.com

Thaw are no shortcuts to a career in medicine. First-year residents at Jewish Hospital in Cincinnati accepted this. It con>led them through 100-bour workweeks, each one more blurred by blood and disease than the last. Residencies arc as much atestof faith and stamina as they are of skill. To the class of 1975, Edward Patrick was an outsider. At 38, he was older than most, a physical presence in the corridors but rarely a voice, m his aloof, distracted way, Patrick tended to a computer in die cardiac unit. A professor of electrical engineering from Purdue, he was merely conducting a study, one that had nomingto do with die hospital's patients or doctors. Still, one couldnl help but notice diat Patrick was a Mend - a shadow, almost - of Dr. Henry Hetmlich, then head of the Jewish Hospital surgery department. Word got around that Patrick helped develop the Heimlich maneuver, a new invention at the time. Moat didn't know that Patrick had recentlyfinishedmedical school and that he wanted to abandon engineering fox the emergency room. Dr. Felix Canestri, the chief resident, supervised residents when they performed surgeries. Most did about 100 surgeries that year. Yet Canestri doesnt remember ever seeing Patrick at an operating table. T cantellyou I'm 100 percent convinced he was not a resident,*' Canestri says. "He was there," says Dr. Ed Matem, a resident at the time, "but he was not in me program.'' Patrick's real job, in fact, was hours away. Employment records indicate be was a full-time professor at Purdue University in West Lafayette, Indiana. Indeed, a local newspaper tram September I, 1975, quotes Patrick as saying he would spend only one day per week in Cincinnati ~ not nearly enough time to tackle die insomniac schedules that were the norm for surgery residents. So Canestri is baffled to hear that Patrick lists a Jewish Hospital

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residency on his resume. "There are some strange things happening here," he says.

The doctor asks what Patrick has done in the decades since. When Srttylmws told that he's spent much of me last 28 years in emergency rooms SM-i--- V'. from Cleveland to Cape Fear, North Carolina - it comes as a :*?". M shock. "Practicing surgeryV Cancstri asks incredulously. ' ' J Yes, all based on what appears to be a phantom residency at Jewish Hospital White this may be a stunning revelation to Patrick's patients, ifs old news to the Ohio Medical Board. Trusted to ensure the qualifications of state doctors, the board has long known of Patrick's questionable history, but has left his license intact. The only mystery is why. An emergency-room physician encounters human life in its most fragile state - so he'd better work well under pressure. That's something you can't learn in a classroom. It's why residencies are a crucial prerequisite. To the med-school grad, however, residencies are filled with high stress and sleeplessness, supervisors barking orders, and modest paychecks quickly swallowed by student loans. It's a recipe for burnout. Studies show that medical residents are often depressed, prone to substance abuse and suicide. Only the strong - and dedicated survive. There may be some incentive to circumvent this process. But faking medical credentials is foolhardy - nothing happens in American medicine without a paper trail. Few paper trails twist like Ed Patrick's. When he applied for an Ohio medical license in 1976, Patrick churned to be a full professor at the Indiana School of Medicine. It has record of him working only as an unpaid volunteer. From there, his resume gets weirder. On most he lists special emergency medicine training under Heimlich from 1976-78, but Heimtich disavows this claim. On his American Medical Association profile, Patrick claims that he spent 1976-78 as a resident at Cleveland's Deaconess Hospital. This is surely false; die hospital never had a residency program.

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(Sag reflex: Helmllch refute* th* claim that Patrick helped develop the famou* maneuver.

Ed Patrick end Henry Heimtich are doctors tth credibility proWem*.

When C Bverett Keep endorsed the HehnHch maneuver, Patrick claimed It M his personal victory,

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In his board certification listing, Patrick cites an emergency medicine residency at the University of Cincinnati hospital. An internal memo leaked to Scene shows hospital executives comparing notes and concluding that there's norecordof Patrick there. Executives aUo indicated he had norecordat Jewish Hospital. In die same listing, Patrick claims an emergency medicine residency at Purdue University hospital. Purdue doesnt have a medical school, much less a hospital. In the early '80s, Patrick claims to havefoundeda family residency program at St Luke's in SolonHe was on faculty there, but did not establish any program, according to hospital sources. Therestof the decade sees Patrick crisscrossing Ohio, with emergency-room stops in Toledo, Columbus, and Cincinnati, as well as in podunks like Georgetown, Circlevillc, and HUlsborough. By the mid-1990s, he becomes even more nomadic, getting medical licenses in Kentucky, West Vinpnia, Georgia, Alabama, and North Carolina. If that isnt strange enough, Patrick lists a birthdatc of 1947 on four of the licenses - though his actual birthdate is 1937. When interviewed in early August, Patrickrefusedtoauthorize thereleaseof his work records. Angry over his treatment in a previous Seem story - "Heimlich's Maneuver,n August 11 - he declined to be interviewed for this story. "I am not interested in talkingtoyou until you show some credibility in your reporting,'' he says. Like anyfortress,the medical profession protects itself from invaders by guiding all comers though a series of checkpoints. If Patrick fabricated his residency, the natural question is how he made it through each checkpoint, enabling himtopractice medicine for 28 years. Only afewpeople have answers and none of them makes sense. Dr. Gordon Margolin was the head of Jewish Hospital's internal medicine department when Patrick was there. First, he claims that Patrick was at Jewish for only one year. Three TntrrHten later, he's sure Patrick stayed for three years. One moment he says there's no way Patrick did an "emergency medicine"residencyAcre and claims he would have never signed aresidencycertificate. But after beingtoldthat his signature is on an affidavit saying Patrick practiced at Jewish Hospital for 1.5 years, Margolinreversescourse. Suddenly, he is certain Patrick was indeed a resident Told that several hospital staffers don'trememberPatrick working as a physician, Margolin says, "He wasnt a very apparentresident"Indeed, Margolin could not name a single doctor or former resident who would also remember Patrick practicing medicine -- except Heimlich. While it was no secret among hospital staff thai Margolin had a low opinion of Heimlich and had even less regard for Patrick, his signature was an enormous favor to bom. It allowed Heimlich's protege to get his Ohio medical license.

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Before Idling a physician, a hospital checks the doctor's workrecord.At Jewish Hospital, Mike Bowen handled verification requestsrelatingtoresidencies,and he soon learned of Edward Patrick. By the mid-1990s, Bowen had accumulated a massive file of verificationrequestsfor Patrick, who was circulating his bizarre resume" far and wide. It naturally raised eyebrows. "In my business, if you see something time andtimeagain, you starttowonder," says Bowen- "It didn't take a rocket scientist to figure out something was amiss. What was this guy up to?" Good question, but Bowcn ignored it Over the next several years, hereceivedrequestsfrom hospitals around the nation, asking about Patrick's credentials. Bowen was aware that Patrick's claim to an emergency residency was false - no such program had ever existed at Jewish - but he verified the residency anyway. "From my standpoint, I knew he was at Jewish for a year," says Bowcn. Yet he admits he knew nothing about what Patrick was actually doing there, and he never alerted hospitals that were considering hiring Patrick about this fact "I'm not a policeman," says Bowen. "That*s not my job," Patrick, it seems, seized this opportunity, applying for licenses in four states during 8c wen's tenure. Each time, Bowen verified his residency. Bowen says he once mentioned Patrick's name "in passing" to someone from the Ohio Medical Board, butdoesrftrememberwhom. He assumes the boacd looked into tbe matter If tbc officials never found cause to yank Patrick's license, that's good enough for him. The first meeting between Patrick and Henry Heimlich has become a point of contention especially over the last year. Since then, Patrick has more forcefully asserted his role in mventing the Heimlich maneuver. Heimlich, now 84 and still living in Cincinnati, has stated that he met Patrick at Jewish Hospital in 1975 one year after Heimlich published the first article on the maneuver. Through a spokesman, he says that "Dr. Patrick had no role in the origin or development of the maneuver." Both doctors have histories of making questionable claims, so ifs hard to know whom to believe. What is certain is mat, by the end of the 1970s, they were working in tandem to mak* the Hehnlich maneuver the first response to choking. They were also marketing it as arescuetechnique for drowning victims. As Scene reported in August Patrick claimed to have saved a two-year-old girl in Lima. She had been submerged for 20 rnioutes, according to his estimate. During the 20-minute ride to the hospital, CPR had failed to revive her. In s case report published in 1981, Patrick claimed to have saved her by using the Heimlich maneuver. Yet Patrick hasrefusedto release work records proving he was working in the Lima ER at the time. Moreover, other scientists found it impossible to believe that a young girl could be revived

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Most conspicuously absentfromthe report, however, wasthefadthatthegirlwasnot saved at all. She slipped into a vegetative state and died four months later. Patrick refused to provide Scene a hospitalreportthai would verity bit version. If the Lima case is a fake, it leads to a host of new questions about Patrick's work at Jewish Hospital. At an American Red Cross Conference in 1976, for instance, Patrick presented a case in which he used the Heimlicb maneuver to save a stroke victimfromchoking on pea soup. He never explained what he an engineering professor - was doing handling a stroke victim at Jewish Hospital. Nor does he explain why the patient, who had no ability to swallow, was being fed pea soup by spoon rather than through tubes. Peter Heimlich, son of Dr. Henry Hehrriwh, remembers Edward Patrick as a regular visitor to me family's Cincinnati home in the early 1970s. The last few yean, as be researched his father's career; he kept encountering Patrick's name. The Lima case looked suspicious to him, as did Patrick's Jewish Hospital residency. So in June 2002, he filed a complaint against Patrick with the Ohio Medical Board. The board is heralded as one of the nation's most stringent medical regulators, filing more actions against doctors than the board of any other populous state. Peter Heimlich was immediately put in touch with executive director Tom Dilling. "I ttorught, 'Okay, Pve come to the right place,'" he says. He had several long conference calls with Dilling and Mark Michad, an attorney wrm the Ohio Attorney General's office. Dilling never questioned Peter Heimlich's doubts about the Lima case or the Jewish Hospital residency. But according to Heimlich, Dilling said that "faking a residency was no big deal." The board was more concerned with chasing doctors who wrote illegal prescriptions. "I was astonished,M says Peter Heimlich. "It seemed to me that the issue was whether an untrained doctor had access to emergency rooms in seven states, including Ohio. That was no big deal?" In September 2002, Dilling cut off communication, failing to return e-mails and letters. Two years later, Peter Heimlicb. still basnt heard back. Because medical-board complaints are confidential, Dilling wont discuss Patrick or even confirm that an investigation occurred. But Dilling did say that, in 1976, die year that Patrick should have completed hisresidency,post-graduate mtimng was not a requirement for iicensure. Still, die board can pull die license of any physician who publishes false credentials. Given the glaring inconsistencies of Patricks rcsumC, if s amazing that it passed board scrutiny. Attorney General Betty Montgomery and her successor, Jim Petro, were also informed of Patrick's history, but neither pursued a case against him.

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Patrick's career is made all the mote flammable due to the time (hot's elapsed since his alleged Jewish residency. If ifs bogus, and if Jewish Hospital has nonetheless been verifying it all these years - even after suspicions were raised - it may be liable for all that Patrick has drae in 28 years of emergency-room work. "In the case of an emergency-room doctor, the hospital is vouching to the public at large that it is staffed by people who are adequately trained, and we as patients have to rely on that,* says Michael Djordjevic, a malpracuce attorney in Akron. "What's at stake here is potentially lite and death." And mat could present legal consequences for Jewish Hospital - the expensive kindIt appears that Health Alliance, the corporate overseer of Jewish andfiveother Cincinnati hospitals, understands dtis problem. In September 2002, Gary Harris, general counsel for the Health Alliance, took the Patrickfile*Today, Mike Bowcn says that file is locked in Harris's office, safefromthe prying eyes of lawyers and reporters. Harris did not return phone calls. At one point in his career, Patrick fancied himself something of a Horatio Alger. Bom to a humble family in Wheeling, West Virginia, be studied his way into M.I.T., then into the U.S. Naval Academy, dien into a tenured professorship at Purdue - all before age 40. If Patrickfato be believed, he siiigle*handedh/ changed national choking and drowning rescue techniques. Meeting Henry Heimlich may have seemed providential, It was through Heimh'ch that Patrick met astronaut Neil Armstrong, with whom the two doctors teiiraedfor astudyofaneworygeftdrfiwry system that could be used as an artificial lung. It was wxth Heimlich, too, that Patrick found himself lecturing the nation's sciemiite experts at me American Red Cross, the National Academy of Sciences, and the Institute of Medicine. When former Surgeon General C. Everett Koop announced his endorsement of the Heimlich maneuver for choiring in 1985, he cited Patrick's research on the dangers of backslaps, used to fescue choking victims before die Heimlich maneuver. As a lecturing team, Heimlich and Patrick also succeeded in convincing the American Heart Associationtorecommendthe Heimlich maneuver as a second response to drowning rescue - in the event diat CPR rails. Today, the relationship stings of betrayal. Heimlich has undercut Patrick's claims to mventing the maneuver and even denies Patrick had any effort on swayir KCKJP'S opinion. Recent years have abso been hard on the Heimlich legacy. He's been widely denounced for his campaign to make the Heimlich maneuver thefirstresponse to drowning. Most believe it's counterproductive and possibly fatal. He's also campaigned for malariotherapy, contending that AIDS and perhaps cancer can be cured by giving patients malaria. His attempts to conduct human experiments have drawn condemnations from immunologists around die globe. Unfazcd, Heimlich will be giving a presentation at the Pan Africa AIDS conference in Nashville this week. His appearance has caused several other presenters to boycott the event Heimlich always covetedfeme.Today, he's notorious.

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Patrick has achieved neither. Hehnlich may have helped him get sn Ohio medical license based cm questionable credentials, but if that gave Patrick a head start, ifs bees Ac bone of his career since. His resume makes it hard to get a good faculty job in a hospital. Most doctors in their 60s are either retired or settled comfortably into their last years of practice. Patrick, now 67, was last seen working at Cape Fear Valley Medical Center in Fayettevillc, North Carolina. He left in August for unknown reasons. Now living in northern Kentucky and navigating his third divorce, he is looking for work.

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_*&_ i Ste Map j Updated May 19, 299$ CONTACT: Peter M L HdnHcb phone: (208)474-72*3 Jl FAX: (20S)474-7283 i2

DROWNING IN LIES: The Heindich Maneuver Case Frauds

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BOGUS CREDENTIALS
Addendum: An October 21, 2004 Cleveland Scene cover story, "FTavine Doctor* by Thomas Francis, revealed thai Or. Edward Patrick has been practicing medicine illegally far SO yean based ?n ebrfpM 1974 medical residency prtmaed by Jewish Howtal of Cincinnati. The article else describes how the State Medical Ohio State Medical Board has refused to take action despite multiple complaints against Dr. Patrick's license, including one filed by Peter Heimlkh. Dr. Henry HeimUck 's son. Edward A. Patrick, MD, PhD, FACEP, was born October 7,1957 m Wheeling, W s Virginia. He obtained his BS and MS degrees in electrical engineering from MIT in 1960 & 1962 and his PhD In electrical engineering from Purdue University in 1965. At Purdue, West Lafayette, Indiana, be was npteyed as an assistant professor of electrical engineering from 1965-1968, when he became an associate professor of electrical engineering, and in 1974, became a full professor of electrical engineering. Patrick attended the Indiana University School of Medicine, Indianmpeus, IN, obtaining hit MD in August, 1974. Throoghont thfe period, he continued to hold his position as a professor of electrical engineering *t Purdue until his resignation in February 1981, In the early 1970s, Patrick became involved with Dr. Henry J. Heimlich, who was then employed as chief of surgery at Jewish Hospital, Cincinnati, Ohio. Together they developed a

new choking rescue method later known at the Heimlich maneuver.

Patrick currently holds active medical licenses in seven states: Indiana, Ohio, Kentucky, Alabama, Georgia, North Carolina, and West Virginia. In 19M, Patrick became board-certified m Emergency Medicine by the American Board of Emergency Medicine (ABfcM). Patrick's birth date is October 7,1937. But in his listing in 2003 American Board of Medical Specialties (ABMS) Emergency Medicine directory and five of his state medical ncenses, Patrick's birth date n listed as October 7,1947. Applications lor his first two medical licenses, Indiana and Ohi^ which he obtained in 1976, state his real 1937 birth date, as does his AMA profile. But hU later licenses, Alabama, Kentucky, Georgia, North Carolina, and West Virginia, which he begin obtaining in 1995, list the 1947 birth date, which shaves ten years off his age, Addendum' North Carolina Medical Rttard records state that prvtr to September 25. 2093, Dr. Patrick's birth date was listed as October 7,1947. Based on a September 25, 2003 request from Dr.
Patrick, this birth date rect/rd was then changed to October 7, 1937 (his actual birth date). Since

then the listed birth date has been chaneed back to 1947. To check whatever current birth date IkPatrick is claiming to the North Carolina Mtdkai Board, dkk here. Other conflicting detafls appear in his state medical license applications, his AMA profile, and

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The Kentea? Board of Medical UoMMM granted Or. Edward A. Patrick a Ke&tacky aKdkal Itcctue in ?. Two of Dr. Edward A. Patrick's application forms submitted ta the Kentucky board *eafiHp-fiimi*kb4aBij*<fter^*tare<^plej^I>r Patricks Click MtikefoSowtaj nmnbentorme ftit application a a ^ one atted 12-3^ ( p ^ ^ZJ a4 a *wom and nourizai appucatiou dated 2- I2-*T (pj, jOJ. Exm-pwi from those pasts

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WlmiCCTtttttl^fafrkfc^cBmpkffJy tfflfrrwt djpafwi on Mm IWt Kentucky mtthM B e a t *pptfci*? DM n r n m t*se sit* ibe documents? One person wtw may be able to clarify this is Kelly Morales, whose name appears at having morn and aaftgtwi the T996 signatwig ngfan Cobb County, Georgia, notary stamp. Aerardin j to a fanner exeeative of die Atlanta-based physician <J placement compaay, HKA Loewn Tgaem, m W t M i . Mowtet wM an employe* of I company. Br. IWk*' \19t Koncncby amdfcnt
frccnse apptkahaa aiw cpntowa an mp*oymcn* hitterv sflowin* ftim warlriof far HKA I ^ W B Towns since October 1995, M*. Morales it ranrndy employed by aw^ker pfcydcian's piacem^ asency ia Atla^a.

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SUMMARY JUDGMENT EXHIBIT U

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From cievescene.com Originally published by Cleveland Scene Oct 27 2004 2004 New Times, Inc. All rights reserved.

fk

Playing Doctor
BY THOMAS FRANCIS FRANCIS

weaical Board is forgiving,

There are no shortcutstoa career in medicme. First-year residents

C i n f l a t i a C C C p t e d t h k ft C0 ?! I, S w P W "0 G n "S0led them rUeeks each l w 1 JIT ' e w Wuired by blood and D disease than the last. Regencies are as much a test of faith and stamina as they are of skill.
Walter Nvk

To the class of 1975, Edward Patrick was an outsider At 38 he was older than most a physical presence in the corridors but'rarely UZ\l 1S\ '?S?ed ""> P a t r i c J t t r a d e d to computer m the cardiac unit. A professor of electrical engineering from Purdue, h e was merely conducting a study, *ne that had nothing to do with the hospital's patients or doctors. Still, one couldn't help but notice that Patrick was afriend- a

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develop the Hetmhch maneuver, a new invention at the time. Most didn't teow that Patrick had recentlyfinishedmedical school t0 f0r the ^ , "l?
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Patrick's real job, in fact, was hours away. Employment records njheate he was a full-time professor at Purdue U n L r s t y T t s t
S 9aym8 week r - a - nearly *" ^ ^ to ^ ** P* week i in r Qncnuiat. not enough time tackle the m ~ C 3 c h e d u I e s * " tho norm for s u r g ^ r e s t o ,

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So Canestri is baffled to hear that Patrick lists a Jewish Hospital residency on his resume. "There are some strange things happening here," he says. The doctor asks what Patrick has done in the decades since. When told that he's spent much of the last 28 years in emergency rooms from Cleveland to Cape Fear, North Carolina - it comes as a shock. "Practicing surgery?" Canestri asks incredulously. Ye3, all based on what appears to be a phantom residency at Jewish Hospital. While this may be a stunning revelation to Patrick's patients, it's old news to the Ohio Medical Board. Trusted to ensure the qualifications of state doctors, the board has long known of Patrick's questionable history, but has left his license intact. The only mystery is why.

Them's no evidence that Patrick has an emergency doctor's training, ** hi* presence In the ER Is worrisome.
Gstty Imig

An emergency-room physician encounters human life in its most fragile state - so he'd better work well under pressure. That's something you can't learn in a classroom. It's why residencies are a crucial prerequisite. To the med-school grad, however, residencies are rilled with high stress and sleeplessness, supervisors barking orders, and modest paychecks quickly swallowed by student loans. It's a recipe for burnout. Studies show that medical residents are often depressed, prone to substance abuse and suicide. Only the strong - and dedicated survive. There may be some incentive to circumvent this process But faking medical credentials is foolhardy ~ nothing happens in American medicine without a paper trail. Few paper trails twist like Ed Patrick's. When he applied for an Ohio medical license in 1976, Patrick claimed to be a full professor at the Indiana School of Medicine. It ha3 record of baa, working only as an unpaid volunteer. From there, his resume gets weirder. On most he lists special emergency medicine training under Heimlich from 1976-78, but Heimlich disavows this claim. On his American Medical Association profile, Patrick claims that he spent 1976-78 as a resident at Cleveland's Deaconess Hospital.

Gag reflex: Heimlich refutes the ciaim that Patrick helped devtilop the famous maneuver.

Ed Patrick and Henry Heimlich are doctors wfth credlbllrtv problems.

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This is surely false; the hospital never had aresidencyprogram.

Whan C. Everett Koop

In his board certification listing, Patrick cites an emergency medicine residency at the University of Cincinnati hospital. An internal memo leaked to Scene shows hospital executives comparing notes and concluding that there's no record of Patrick there. Executives also indicated he had no record at Jewish Hospital.

endowed the Knimiich S S t L n a . victor*

In the same listing, Patrick claims an emergency medicine residency at Purdue University hospital Purdue doesn't have a medical school, much less a hospital. Ir. the early '80s, Patrick claims to have founded a family residency program at St Luke'* in Snlnn He was on faculty there, b * did not establish any program, H E E ^ E L " ^ S h ' t fthl i e C H d e SeeS P a t r i c k
crisscrossin

g Ohio, with emergency-room stops in Toledo By

W6U C 2T l 9 9 a 0 S , he S becomes E T "even " " nomadic, **** getting ^ ^ medical ^ ^Kentucky K b West E * the mtd-L990 more licenses S

oircnaate of 1947 on four of the licenses - though his actual bhthdate is 1937. When interviewed in early August, Patrick reiuscd to authorize the release of his work records

Only a few people have answers - and none of them makes sense

000086 m i l . it wa, ao secret among hospha! aaffthat Margoun had a low opinionSCOTT rfHekdfch and had

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even Jess regard for Patrick, his signature was an enormous favor to both. It allowed Heimlich's protege to get his Ohio medical license. Before Wring a physician, a hospital checks the doctor's work record. At Jewish Hospital Mike Bowen handled verification requests relating to residencies, and he soon learned of Edward Patrick. By the mid-1990s, Bowen had accumulated a massive file of verification requests for Patrick, who was circulating his bizarre resume tar and wide. It naturally raised eyebrows. To my business if you SeE something time and time again, you start to wonder," saya Bowen "It didnt take a rocket scientist to figure out something was amiss. What was this guy up to?" Good question, but Bowen ignored it Over the next several years, he received requests from

"From my standpoint, I knew he was at Jewish for a year," says Bowen Yet he admits he kn nothing about what Patrick was actually doing there, "and'he Z * ^ Z r conadenng hmng Patrick about this tact. Tm not a policeman,- says BoJ^T^l7^job, Patrick, it seems, seized this opportunity, applying for licenses in four states during Bowen's tenure Each time, Bowen verified his residency. *
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6

m E n t 0 n C d Patricif,S n a n , e

",ft P a s s i n S " t 0 n c from the Ohio Medical

The first meeting between Patrick and Henry Heimlich has become a point of contention

P hShed ta2^ZS?SE5E"* ^ m the" origin " * or "*<*" th" ^the e r maneuver . Through a , l ays that Dr. Patrick had no role development of

Bom doctors have histories of making questionable claims, so ifs hatd to knew whom to believe

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Yet Patrick has refused to release work record, proving he was working in the Lima ER at d

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hosp.tal report that wouid verify his version. S5JT "

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what he - an S n e e r i n g professor - w L d o k l ? , ? " P M ***- H e n c V e r ^ ^ J e w W HoS itaJ does he explain why the p ^ e ^ who h Z f Z ^ * n ^ T ^ * * P " *<* rather than through tubes * l ^lW> W a s b e i n ^ P ** by spoou

he kept encountering Patrick's name.

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but neither pursued a case against him.

Jew,sh restdency. If ,t s bogus, and ,f Jewish Hospital has nonetheless been verifying it all these 5 E E S T " "
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done in ^ e a r s

rtafled by people who are adeqoately trained, and we as patients hive to rjv on that - I T M L | l^ordjevtc, a malpracuce attorney in Akron. "What's a, stake here is potentially S J S i T ^ And that cotdd present legal consequences ftr Jewish Hospital - the expensive Mod.

former Surgeon c i ^ C E v ^ l K n ^ n ' T ^ ? * I n S * " t e " " * * * * * choking in ?985, he Z i P a S c k W e a T c h T n T d ^ S f rf fc " * * * * victims before the HeimJich m a n ^ T T j * " " f ba <* sh P !i . "*>" mscue choking

Recent years have also been hard on the HeimJich legacy He's been widdv d J u campaign to make the HeimJich maneuver the fit I ? T * der,Dunced for his P Se t 0 d r o counterproductive and nnssibJv Z I H ^ i g - Mo*t bdSeve it's makriothfira AIDS aid perhaps 2 ^ ^ L K " " " ^ t - * ^ i n g that His ^ n ^ S ^ c ^ *ltD conduct human will be gjving a presentation S ^ % E T * " ^ T t #** ""***> " * " * * appearance ha, caused several ^ ^ ^ ^ ^ ^ T ^ ' * ^ HeimJich always coveted fame. Today, he's notorious, SCOTT 000089

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Carolina. He lift in Auwst for iidL Ms fcird divorce he i X C 8 f ^ o r l

M 7? " ^ C e n t e " ^yette^iMe, North *' " " ^ " " r t h e K " ^ - * *

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TOS m e ( f c / 7 ! e fl^^y^ l t f v l f v i %. Edward Patrick has befn re^ncy provided by 5 2 ^ ^ " " * * * ^ m f c a /

W h ^ e U n g t w e s f v S , ' ^ \ F A . C E P ' w a s b o r " October 7 1917 , engineerl^ R % * and MS d X 2 | engineering from p u r d n e U n t a n K ? ? ^ P , , D i n e,ectri > Indiana he was employed * S f i ? ' ^ P u r d u e > West Lafayette engmeering from 1965-1968 w h e n t h P r f e S S O r o f Metrical * ' MOctate t e s eleetncal engineering, and f T974 tcZT/n " ^ ^ "f 6e engweenng. * "*' "e a full professor of electrical

continued to hold his DosirinV '^Throughout this period he Purdue unti, his S ? t ? & E ^ + * i M ^ - I

In the early 197fl p 1 L who was Jen J g K ^ ^ 7 ? " * H ^ J ' * * * * , ,Sh H Cmeinnati, Ohio. Together thev H i ^ "PiW, V ed W Ch0kin later known as the H r i m ^ r m ^ 7 u ; e 7 * * S~ method

V.rgmia, North CarolinaTKeSv aH r ? 3 ' h A , a b a r a a ' West lapsed on December 31, 2003." " " ^ ( H i s G e o r 2ia "cense
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to 1988, Patrick became board-ce , ; Amencan Board of Emereenrv ZIT , E m e r g e n c y Medicine by the Patrick's 1 2 2 S A U S J S S S T ^ E M ) > A c C r d i n " t 0 he claims to have qualified foS^Sfi T ^ " " ^ 'PP"***"*. cert,ficat,on combination of completing the *llJl, based on the

done this residency; (

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Patrick's birth date is October 7 IQT7 D . . , American Board of M e d i c a l S ?"*? W s l i s t i n S i n 20< d i r e c t ^ a n d five of h s a e S ^ i i ^ ^ E , B e , W M<*"> listed as October 7,1547 AnnK ^ P r i c k ' s birth date k Indiana and Ohm, whfch ftfi&Jttf * * "* medi^ - U date, as does his A M ^ '" 9 ' s*a*e his real 1937 birth Georgia, North Caroi7nT^,d w ! t v " ' , C e n S e S ' A ' a b a n l a > Kentucky Dr. Patrick's Februarv IQ07 . Medical Lieensure n o i o n l y B S S S T K - ^ K e n t u e ^ B o a r d "f forged on at least fcutSe^m^f' " f ' t t S i g M t D r e is s-gnatures, bntone of taffll"S? T " 1* f r g e d t h e s e Cobb Connty, Georgia. In 1997 M ' M " , " ^ k ^ M o r a l of Atlanta medical staffing agency HKA r T T e m P ' y e d "y a n ACCOrding to a work history *ubn*tJ^$^.T<*-

M o r a l e sn o o r k s J = 2 3 f f J X 5 . a K W w

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current birth date Dr. Patrick is claiming to the North Carolina Medical Board, clickhere. Other conflicting details appear in his state medical license applications, his AMA profile, and his listing in the ABMS Directory. His ABMS^r^torxJisling states that Patrick did residencies in Emergency Medicine at the University of Cincinnati and at Purdue University, West Lafayette, Indiana. However, the University of Cincinnati Medical Center has no record of Patrick ever doing a residency there. (Patrick did work as a part-time research professor in the UC's electrical engineering department from 1985 until 1989 ) Purdue University does not have a residency program in Emergency Medicine or any other specialty because Purdue does not have a medical school or a teaching hospital. However, Patrick does have close ties to Purdue. As stated, he received a PhD in Electrical Engineering there in 1965 and from 1965-1981, he was an assistant professor and later a full professor at PjirdjieVScho()l of Electrical Engineering. According to the ABMS, residency details and other career information in a physician's directory listing are provided by the physician and are not verified. Physicians may submit any residency details they wish and the ABMS publishes the information without oversight. Therefore, it is unclear on what basis Patrick obtained board certification from the American Board of Emergency Medicine (ABEM). Did he claim the residencies that are listed in the ABMS directory, that is, the dubious residencies at University of Cincinnati and Purdue? Since the ABEM does not divulge residency information regarding their diplomates, this cannot be determined. The time frame when Patrick did his purported residencies is also unclear. In his 1997 sworn deposition from a medical malpractice case, Patrick discussed his residencies and board certification history: Q. And what did you do following medical school? A: Did residency emergency medicine and research emergency medicine,
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Q: Where? A: At Cincinnati Jewish Hospital Q: Did you finish your residency? A: I did a residency as approved by the American Board of Emergency Medicine. O: Is that a three year program? A: Mine was a combination of what's called a practice route and residency. O: What year did you finish that? A: About 1978, '79. ...Q: And when were you board certified in ER? A: I was board certified, I believe, in 1988. The problem is that during most of the time Patrick claims to have been doing medical residencies, he was working at Purdue as a tenured fall professor of electrical engineering, a job which included teaching as well as supervising masters and doctoral candidates. Patrick's employment records were obtained from Purdue's public records office. According to these records, he was employed full-time at a 100% level during most of the time he claimed in his sworn deposition to have been doing residencies in Cincinnati, Ohio, a six hour round trip from Purdue, which is located in West Lafayette, Indiana. (Social security numbers and salary have been excised): Ianuarx6a^7^-^e^ruaryJM976l_lOMVFuil Time ebruary^0a976^May 16,1976: Reduced hours from 1Ofl% tn 60 % May_17,J^7^Augusl20,J978; 100% Full Time (Leave without pay: August 21, 1978 - May 13, 1979, then back to 100% full time; the leave dates do not match any verifiable residency) Adding to the confusion is Patrick's American Medical Association (AMA) listing. His AMA profile doesn't list residencies at the University of Cincinnati or Purdue. Rather, his AMA profile states Patrick did a flexible or transitional year residency at Jewish Hospital, Cincinnati, Ohio, which was verified by the hospital as taking place from September 1975-August 1976.
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The first problem is that there are no physical records to confirm that Patrick was ever a surgery resident at Jewish Hospital. Furthermore the surgery residency program at Jewish Hospital was a small group and residents knew each other well. Surgeons who were on the staff of Jewish Hospital and supervised surgical residents at that time were adamant that Patrick had not been a surgery resident. Nevertheless, Jewish Hospital has verified the residency to the state medical boards of Ohio, Georgia, North Carolina, Kentucky, and Alabama, allowing Patrick to obtain licenses in those states. Furthermore, Jewish Hospital has received hundreds of requests from potential employers for residency verification for Patrick. Since 1976, Patrick has worked mainly as a locum tenens, a temporary worker in emergency rooms. As recently as this year, Jewish Hospital verified that Patrick completed a full-year Surgery I residency from September 1,1975August31, 1976. Also, Jewish Hospital has provided conflicting information about the residency. According to notarized verifications from 1995 and 1997 to two state medical boards and signed by by two different administrators, Jewish Hospital provided completely different sets of dates for Patrick's residency. One verifies a Surgery I residency from SepJejn])erlJ[97f; to Augus3i0976 (which matches the AMA profile); the other set of dates doesn't specify what type of residency, but says it took place on from July 1,1976 to June 30,1977. In any case, Patrick's Purdue employment records show him working nearly full time as a professor of electrical engineering in West Lafayette, Indiana, throughout both periods. The Lafayette Journal & Courier is the daily newspaper which serves the area around Purdue University in Indiana. Before, during, and after the time periods of the residency dates verified by Jewish Hospital, Dr. Patrick was the subject of a number of articles in that paper. The articles, which are about his work with Heimlich, all identify Patrick working at Purdue as a professor of electrical engineering at Purdue. None of the articles say anything about a medical residency, at Jewish Hospital or anywhere else. Yet another claimed residency shows up on Patrick's AMA profile. This listing includes an unverified (information provided by the physician and
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not confirmed by the AMA) two-year residency in Emergency Medicine from Deaconess Hospital, Cleveland. This residency is listed as having taken place from September 1976-August 1978. Again, during these years, Patrick was a full time professor of electrical engineering at Purdue, West Lafayette, IN, a 12-1/2 hour round trip from Cleveland. Even more perplexing is that Deaconess Hospital, Cleveland, has no work record for Dr. Patrick and the hospital never had a residency program in Emergency Medicine. And what happened to his two year residency in UCTs Emergency Medicine program as listed in the ABMS directory and in his deposition? It's nowhere to be found in his AMA profde. According to Patrick's author biographies and a 1976 article in the Cincinnati Enquirer, he held other jobs at Jewish Hospital, Cincinnati, claiming to be "Director of Jewish Hospital's Medical Computing Department," "Physician-in-Charge of Clinical Computing," and a consultant for a 24-bed coronary care unit Jewish Hospital was unable to verify these claims. So what was Patrick doing at Jewish Hospital? Records show that Patrick obtained an $80,000 National Science Foundation (NSF) research grant in electrical engineering, which ran from 1974-1977. (In today's dollars, the grant would be worth over $300K.) The sponsoring institution was Purdue, where Patrick was a lulltime EE Professor. His specialty was pattern recognition and the grant was entitled, "Pattern Recognition Applied to Medicine," The NSF EE grant ran throughout the period of his alleged Surgery I residency at Jewish Hospital. NSF grant papers show him at Purdue during the alleged residency period as do letters from Patrick himself in the NSF grant file dated 1975 and 1976. One part of the grant was a project collecting computer data from cardiac patients at Jewish Hospital, where Dr. Henry J. Heimlich was then chief of surgery. Patrick was trying to develop a computer program -g that would aid physicians in diagnosing medical conditions. A 1977 paper by Patrick and three co-authors (including two Jewish Hospital MDs), 2 confirms that Patrick was collecting data from the hospital, supported by o the NSF grant. This paper identifies Patrick not as a resident or employee
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of Jewish Hospital, but from Purdue University. A September 1.1975 article in the Lafayette Journal & Courier describes Patrick's involvement in a University of Cincinnati group called "The Institute of Engineering and Medicine." Informally known as HARP (an acronym for the initials of the four members), it also included Heimlich, astronaut Neil Armstrong, and chemist George Rieveschl. The Journal & Courier article also includes details about Patrick's NSF grant and the financial relationship between Purdue and Jewish Hospital: Patrick said he will spend one day a week in Cincinnati to coordinate research work with others at (the UC Institute of Engineering and Medicine.) His graduate students at Purdue could possibly be involved in projects involving the institute, he said, For example, there's a joint project between Purdue and Jewish Hospital on the use of computers in coronary care,fr Patrick explained. "Graduate students (at Purdue) are doing research on this via a computer linkup with Jewish Hospital." Prof. C.JL Coates, head of the (Purdue) school of electrical engineering, said Patrick's association with the institute has university approval In the past, (Coates) explained, "Professor Patrick has submitted propo sals for research support to the National Science Foundation which included subcontracts to the Jewish Hospital." Grants, he said, often include such subcontracts. (Underlining added.) According to Coates, Patrick had submitted more than one research proposal to the NSF that involved subcontracts to Jewish Hospital. Why? The date of the above article, September 1,1975, should be noted. It is the same date Jewish Hospital has repeatedly verified as the date Patrick began his Surgery I residency. In the article, Patrick himself states he was going to Cincinnati only one day a week, and not to Jewish Hospital (where the cardiac data was being transmitted to Purdue), but for the UC engineering project with Armstrong, Rieveschl and Heimlich. In any case, Purdue colleagues and former students can identify Dr, Patrick's whereabouts during the period of the purported Jewish Hospital
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residency. Another way to verify Patrick's residency would be to contact the supervising physician at the credentialing hospital. Who was Patrick's supervising physician at Jewish Hospital and for the UC Emergency Medicine program? Here is what Patrick said in the 1997 sworn deposition, as well as his 1995 Curriculum Vitae, which he submitted as sworn evidence in the case: Q: When you finished your residency at Jewish...! assume it was at Jewish, or was it at UC? A: Again, it was a combined residency, but the formal part was involved with Jewish Hospital O: Was that Dr. Levy's program ? A: This was under Dr. Heimlich. Heimlich was chief of surgery at Jewish Hospital from 1969 until 1976, when he was fired- (His contract was paid through 1977, but Heimlich stopped working there in 1976.) Since leaving Jewish Hospital, Heim iich has never again held a full time paid job at any medical institution. In early 1978, Heimlich joined the faculty of Xavier University, Cincinnati, and was given the title Associate Professor of Advanced Clinical Sciences. Heimlich later established his nonprofit foundation, the Heimlich Institute, at Xavier, which does not have a medical school. In Patrick's 1997 deposition and 1995 CV submitted with the deposition, he claims to have done three years of residencies under Heimlich, fro n 1975-1978: Rotating Internship, Jewish Hospital, University of Cincinnati, 1975-1976 Special Residency in Emergency Medicine under directorship of Henry J. Heimlich MD from 1976-1978 Since Heimlich left Jewish Hospital in 1976 and has not been a full-time employee of any medical institution since, how could he supervise the balance of Patrick's alleged ''Special Residency in Emergency Medicine?rf And what happened to the 1976-1978 two-year residency in Emergency Medicine from Deaconess Hospital, Cleveland, from Patrick's AMA listing? How could Heimlich (in Cincinnati) supervise Patrick (in
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Cleveland)? What does Heimlich have to say about this? Although Heimlich has mentioned Patrick in a number of articles as a computer specialist from Purdue, but no instance has been located in which Heimlich states that Patrick ever did a residency under his supervision. For example, in a 1983 Omui Magazine interview, Heimlich stated: Several years ago, when I was director of surgery at Jewish Hospital, in Cincinnati, Dr. Edward A. Patrick, of Purdue University, pitted a computer against a doctor in an experiment to diagnose persons with chest pains who came into our emergency room. Adding to the confusion is a speech delivered by Patrick in 1976 in Cincinnati as part of a lecture series entitled, "Tomorrow's American." The date of the speech was January 1976, right in the middle of Patrick's alleged residency at Jewish Hospital. Heimlich provides introductory remarks to Patrick's speech in which he describes Patrick's background at length. Heimlich identifies Patrick as a professor of engineering at Purdue University, but makes no mention of any residency. And ic his speech, Patrick states that he drove from Indiana to Cincinnati to deliver the lecture. In his introduction to Patrick's speech, Heimlich also identifies Patrick as a Professor of Medicine at Indiana University. Heimlich made the same claim in a June 21,1976 paper delivered to the Conference on Emergency Airway Management at the National Academy of Sciences in Washington, DC. Patrick himself made this claim on his 1976 Ohio medical license application. Indiana University Medical School has no record of Patrick ever being employed there as a professor of medicine. Patrick did not even obtain his first medical license until August 10,1976, two months after the 1976 NAS Conference and well after the "Tomorrow's American" speech. Another title held by Patrick in 1976 and 1977 can be verified. Patrick was president of the Systems, Man, and Cybernetics Society, a divisio a of the Institute of Electronics and Electrical Engineers (IEEE). According to an October 1976 Purdue University press release, Patrick organized So
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symposia and presented engineering papers at national conferences. A surgery residency is known to be a grueling, full time job and the ^n^XJewjsJLlta^ reflects this. (Recently, national guidelines were set to limit residents' work weeks to 80 hours.) The current surgical residency requirements at Jewish Hospital state that residents will operate on an average of 225 patients a year. Surgical residents are expected to follow their patients' progress throughout I heir treatment, 24 hours a day. This means that during the years of his purported Surgery I residency at Jewish Hospital, Cincinnati, Patrick was also: - A full-time professor of electrical engineering, Purdue, West Lafayette, IN - President of an IEEE engineering society - Conducting electrical engineering research supported by a two-year National Science Foundation grant to Purdue - Conducting choking studies and presenting papers at the National Red Cross and other conferences - A professor of medicine at Indiana University, Indianapolis - Conducting research on a heart pump with Heimlich, Armstrong, and Rieveschl Busy indeed. It may seem difficult to believe that Patrick was able to do a Surgery I residency in Cincinnati while he continued to work full time at Purdu e's EE department, three hours away. But sworn, notarized affidavits submitted to the State Medical Board of Ohio signed by Heimlich and by Dr. E. Gordon Margolin certify that Patrick had been practicing medicine at Jewish Hospital. At the time, Margolin was chief of internal medicine at Jewish Hospital and is listed as a co-author on a 1977 research paper that Patrick produced in fulfillment of his NSF engineering grant. Q While the affidavits do not specify that Patrick did a residency during that period, the Ohio State Medical Board stated that these two affidavits, along with a handwritten resume supplied to the medical board by Dr.
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Patrick, were sufficient to verify the Jewish Hospital residency. These documents allowed Patrick to obtain an Ohio medical license, issued December 29,1976. According to the affidavits, Patrick was "in the practice of medicine for the last 1-1/2 years at Jewish Hospital, Cincinnati, Ohio." Since the affidavits are dated November 5,1976, that means that Heimlich & Margolin certified that Patrick had been practicing medicine at the hospital since May 5,1975. But Jewish Hospital certifies his residency as beginning on September 1,1975. And Patrick did not obtain his first license to practice medicine in any state until August 10,1976 (Indiana). His Ohio license was not issued until December 29, 1976. Therefore, according to Heimlich & Margolin's affidavits combined with the hospital's residency verifications, from May-September 1975, Patrick was practicing medicine at Jewish Hospital when he was not licensed in any state, nor a resident There is also the stubborn fact that, during the entire period, Patrick was fully employed as a professor in Purdue's electrical engineering department. Whether Patrick completed a Surgery I residency at Jewish Hospital cm easily be confirmed by that hospital. Since they have verified the residency to five state medical boards and to an unknown number of Patrick's potential employers, Jewish Hospital should be able to provice real proof that he did a residency: applications, evaluations, payroll records, a signed certificate, etc. Besides collecting cardiac data for his NSF electrical engineering grant, what else was Patrick doing at Jewish Hospital? In June 1976, Patrick made a presentation to the Red Cross-National Academy of Science Emergency Airway Management Conference, a committee evaluating choking rescue methods. One of these methods was the Heimlich maneuver, a procedure which had been introduced two years earlier. Patrick's June 1976 presentation included a choking case report in whi:h the Heimlich maneuver was used on a paralyzed stroke patient in
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extended care at Jewish Hospital. In fact, Dr. Patrick stated that he was the rescuer. He said the woman was choking on pea soup and that he saved her with the Heimlich maneuver. (Patrick published this case again in his 1979 electrical engineering textbook, "Decision Analysis in Medicine." Note that the book's copy right, page lists Dr. Patrick's birth year as 1942 rather than the correct year 1937.) It was fortuitous that Patrick, who had done the earliest research on the Heimlich maneuver, happened to come along to rescue this woman u sing the still-new technique to expel liquid from her airway. But Patrick was not yet a licensed MD and reasonable doubts exist that he was in the hospital as a resident. What was he doing in the extended care unit handling a paralyzed stroke patient? Did Patrick do a residency at Jewish Hospital? Certain facts are kno wn. Throughout the period in question, Patrick was a full-time EE profes sor at Purdue. He obtained an engineering grant from the National Scier ce Foundation to study pattern recognition in medicine. The sponsoring institution was Purdue. One of the projects Patrick worked on as part of the grant was an electrical engineering study using data collected at Jewish Hospital's cardiac care unit. Monies from the NSF grant wen subcontracted by Purdue to Jewish Hospital. At the end of the cardia c data collection project, Jewish Hospital began verifying that during that same period, Dr. Patrick had been doing a full calendar year Surgery I residency. Either Dr. Patrick has been traveling on a fabricated residency from Jewish Hospital, which the hospital continues to verify, or the Nation ll Science Foundation and Purdue University unknowingly subsidized Patrick's medical education. This is a matter which may be best investigated by the NSF, Purdue, and other organizations.

Next; THE 1985 AMERICAN HEART ASSOCIATION COMMITTEE

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Henry Heimlich Victor Eseh Edward Patrick fraud drowning manuever lifeguard lifeguai ds frauds malaria AIDS esophagus Institute heira3ichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malari, AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Ed vard Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henrv Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heinilichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute lieinilichinstifute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute g heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute o heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud w

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drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimiiohinsfitute.org heimiichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds maiaria AIDS esophagus Institute heimJichinstitute.org heimiichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimiichinstitute.org heimJichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds maiaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry HeimJich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heiinlichinstitute.org heimiichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimiichinstitute.org heimiichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimiichinstitute Henry HeimJich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds maiaria AIDS esophagus Institute heimlichinstitute.org heimiichinstitute Henry HeimJich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimiichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimiichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever iifeguard lifeguards frauds malaria .AIDS esophagus Institute heimlichinsritute.org heimiichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimiichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitufe.org heimiichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever iifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinsfitute.org heimiichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds maiaria AIDS esophagus Institute heimlichinstitute.org heimiichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstifute.org heimiichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimiichinstitute

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Updated August 25. 2005

Click image for more photos and Heimlich-Patrick history

HWtryJ.Kfmlkli,Mb,30 Edwwd A. PJdrtck; MD f PhD

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DROWNING IN LIES: Henry J. Heimlich, Edward A. Patrick and the Heimlich Maneuver Case Frauds
contact: PETER M. HEIMLICH phone/FAX: (208)474-7283 LATEST NEWS: 8-25-05 American Heart Association on the Heimlich Maneuver for Drowning 8-22-05 Interview with Todd Portune (Hamilton County OH ConxDiissLoner): Some History on the Heimlich/Drowning by the Dean of Cincinnati 8-21-05 Boston University Doc Finds Heimlich's Role in 'Maneuver' Hard to Swallow by Jessica Heslam, Boston Herald, August 21, 2005 (text-onJy version)
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8-14-05 Heimlich Debate Grows, by Michael Risinit, The Journal News (Gannett- Westchester NY) For more on the 1998 Alexa Dayan drowning rescue case from Rye Biook NY, including CBS News video, click here, 8-1-05 National Enquirer article about Henry Heimlich Includes claims that the maneuver revives drowning victims and saves 25,000(1) lives a year. In March 2002,1 began researching the career of my father, Henry J. Heimlich MD, the Cincinnati physician known for the rfHeimlich maneuver." To my astonishment, the information I compiledfrom hundreds - and eventually thousands - of original source documents revealed a dirk history that was afar cry from his public image. Among other discoveries, I uncovered that my father reportedly helped fabricate a medical residency in 1976 for Edward A. Patrick MD ofUn'on KY. This residency has been verified as bonafide since 1976 by Jewish Hospital of Cincinnati, allowing Dr. Patrick to obtain multiple state meiical licenses and to acquire board-certification in Emergency Medicine. Five of Dr. Patrick's seven state license applications list a false date of birth which shaves ten years off his age. I had met Dr. Patrick briefly in the early 1970s and my father never mentioned him again to me. Three decades later, to my complete surprise, I learned that Dr. Patrick had been intimitely involved with every step of the maneuver and that he had been my father's closest lifetime colleague. It now appears that Dr. Patrick (or his longtime colleague James M. Fattu MD, now of Philadelphia) had the original idea that a subdiaphragmatiz thrust could remove a solid foreign body airway obstruction, a procedure that later came to be known as the "Heimlich maneuver." This would n 9t be the first time my father claimed credit for another man's idea -for 51 years, he has falsely claimed to have invented a surgical procedure. However, the greatest shock came from my discovery that my_father_ana _D/\ Patrick used a series of dubious case reports to promote the use of the Heimlich maneuver for drowning rescue, a specious first aid technique which has resulted in the loss of life.
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/ June 2002, /filed complaints about the residency and drowning frauds with the State Medical Board of Ohio. Tom Dilling, executive director of the board, told me that 'faking a residency was no big deal" and that "confirming a residency was a complicated investigative matter that wiuld require a great deal of time." As it turns out, my complaint was not the first time Mr. Dilling had been made aware of the alleged residency, yet the board has repeatedly failed to act. The only reasonable conclusion is that the board is protecting the interests of Jewish Hospital and their parent HMO, the Health Alliance. (Since late 2002, Dr. Patrick's file has been kept under locked keypad security at the office of Gary Harris, the Health Alliance's general counsel.) Ohio Attorney General Betty Montgomery and current AG Jim Petro have been fully informed of the residency and the actions of the medical board, yet have failed to act. (Paperwork on request.) Adding to the challenge of bringing out this story, my brother, Phil Heimlich, is a well-known Cincinnati politician who is now Mr. Petro fs running mate in the 2006 Ohio Gubernatorial Primary. Phil is also the longtime vice president of the Heimlich Institute. Complaints have been made to numerous organizations, including; the National Academy of Sciences, the Institute of Medicine, the American Heart Association, the American Red Cross, the American Board of Emergency Medicine, JCAHO, the Ohio Hospital Association, the Heaith Alliance, Jewish Hospital and others. All have refused to take action. (Paperwork on request.) Information has also been brought to the media, resulting in numerous articles. An abbreviated list of key articles and other documents is below PMH

Heimlich maneuver for drowning frauds: Off the Deep End by Curt Guyette, Detroit Metro Times (cover story), December 8,2004 Heimlich's Maneuver by Thomas Francis, Cleveland Scene (cover story), August 11, 2004
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Henry Heimlich is Ohio's most revered doctor. He may also be the most dangerous. Ask his colleagues - and his son. L e t t e r s to the Heimlich Institute requesting evidence for Dr. Heimlich's published case reports: March 31.2004 letter and reply to Henry Heimlich MD from Dr. Peter Wernicki MD. medical advisor to the US Lifesaving Association, requesting supporting documentation for Dr. Heimlich's two primary drowning cases, the so-called Lima and Victor Esch cases. Dr. Heimlich responded in an April 19, 2004 letter that he had no documentation for either case. For related letters from Dr. Heimlich and USLA president Chris Brewster, click here. March 6.2005 letter from Robert Baratz MD PhD. president of the National Council Against Health Fraud, to Dr. Henry Heimlich and Eric Spletzer, requesting case report evidence for all Heimlich drowning rescue cases published in medical journals. NO REPLY July 21, 2005 Letter to Deaconess Associations, parent organization of the Heimlich Institute, requesting case report evidence for all Heimlich drowning cases posted on their website. The reply from Deaconess ignored every question. Did D r . Henry Heimlich Invent the Maneuver?: Boston University Doc Finds Heimlich's Role in 'Maneuver' Hard to Swallow by Jessica Heslam, Boston Herald, August 21, 2005 (textonly version)

Esophagus Surgery Fraud:

Heimlich Falsely Claims He Invented Procedure by Robert Anglen, Cincinnati Enquirer (frontpage), March 16, 2003 For more than 40years, Cincinnati icon Dr. Henry Heimlich has been taking credit for a world-famous operation that was actually developed first by a Romanian surgeon behind the Iron Curtain. Dr. E d w a r d A. Patrick Residency Fraud & Coverup by the State Medical Board of Ohio:
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Playing Doctor by Thomas Francis, Cleveland Scene (cover stor\i), October 27, 2004 Lying on a resume isn 't a crime - except when a doctor does it. Luckily for Edward Patrick, the Ohio Medical Board is forgiving. Heimlich " M a l a r i o t h e r a p y " F r a u d : Malarial Treatment for Chinese AIDS Patients Prompts Inquiry in U.S. by Donald G. McNeil, Jr, New York Times, March 4, 2003 Conference Uninvites Doctor Advocating Malaria Therapy for AIDS by Anita Wadhwani, Nashville Tennessean (frontpage), October 30, 2004 Heimlich's Audacious Maneuver by Pamela Warrick, Los Angles Times (frontpage), October 30,1994 Heimlich Maneuver for Asthma F r a u d : The Trouble With Henry by Shane Johnson, Salt Lake City Weekly, December 29,2004 Controversy doesn 't deter prominent Utah docs from hailing the enigmatic Dr. Heimlich.

Synopsis of Heimlich Maneuver Drowning Click here for detailed version

Frauds:

Since 1974, Dr. Henry J. Heimlich has aggressively promoted that the Heimlich maneuver should be used to rescue drowning victims. His claim, disputed by every expert, is that drowning victims die because their lungs fill with water, that this water needs to be removed, and that it must be removed by the Heimlich maneuver. Every medical expert says drowning victims get very little if any water in their lungs and that doing the Heimlich maneuver on drowning victims is not only pointless, but dangerous. Published cases show it can be deadly. Performing the maneuver on drowning victims wastes precious emergency rescue time, it may induce vomiting - the vomit may then be aspirated, leading to brain damage or death. Drowning expert James P. Orlowski MD has accumulated over 30 cases in which the use of the
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maneuver has contributed to poor outcomes, After 30 years of pushing the idea, Dr. Heimlich is unable to provide the name of a single drowning expert or emergency medicine specialist who agrees with him. So on what evidence does Dr. Heimlich base his claims? He has published anecdotal case reports and one clinical case in which drowning victims were allegedly revived by the application of the Heimlich maneuver. All of these cases now appear dubious or entirely fabricated by longtime cronies of Dr. Heimlich. There is no indication that Dr. Heimlich did the most minimal medical investigation of any of his claimed rescue cases. It appears that he never interviewed a single attending physician or any medical staff on any of these cases, that he never inspected any hospital reports, EMT run sheets, or any other legitimate documentation. Now, when asked by physicians and reporters to provide supporting information for his drowning case reports, Dr. Heimlich refuses to answer or comes up empty-handed. At best, Dr. Heimlich is guilty of widely promoting an untested, risky first aid method for 30 years, all based on hearsay. At worst, he and his cronies are guilty of fraud that led to the loss of life. Astoundingly, Dr. Henry Heimlich was so successful in manipulating the medical establishment that the maneuver for drowning was incorporated it into national drowning rescue guidelines in 1985. But why would the Heart Assocation and Red Cross include an experimental, unproven rescue method in their guidelines? "Inclusion of the Heimlich maneuver in the 1985 (drowning) protocols was a concession to Heimlich " - Jerome Mo dell, MD (Detroit Metro Times, December 8. 2004) The most recent American Heart Association resuscitation guidelines now single out the Heimlich maneuver and specifically warn against doing the c maneuver on drowning victims. Likewise, the American Red Cross published a special report in year 2000 warning against it. Now, via this website and the press, these organizations and others have been made w

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aware that the entire idea of the Heimlich maneuver for drowning is entirely fraudulent. How these organizations will proceed may be of interest to the medical community and to the media. An ongoing concern is that the Heart Association and Red Cross confusingly continue to include the Heimlich maneuver in their drowning rescue guidelines - for the unlikely event when a drowning victim may be choking. But choking on what? Public letters have been sent to both the the Heart Association and the Red Cross asking for clarification. Despite universal condemnation of the idea by every legitimate medical authority, Dr. Heimlich continues promote the Heimlich maneuver for drowning rescue at every opportunity. Rejected by the medical community, he uses his reputation to teach this dangerous idea to the uninformed public, such as school children. He does so with the enthusiastic sponsorship of Cincinnati health services provider Deaconess Associations. Deaconess fundraises by promoting the maneuver for drowning and Dr. Heimlich's other quack theories, such as giving people malaria to cure AIDS and other diseases, and using the Heimlich maneuver to treat asthma and cystic fibrosis. When asked about these activities, Deaconess refuses to answer. The Heimlich maneuver for drowning rescue is a singular and deadly 30 year public human experiment done on the public. The grim results three decades of fatalities and brain-damaged victims - have yet to be calculated.

C a s e Reports of Special Interest: Nursing Spectrum Magazine, March 24, 2003: Denise Schmitt RN (Anne Arundel Medical Center, MD) claims dramatic Heimlich maneuver rescue of near-dead man allegedly found floating in Chesapeake Bay. Victim immediately revived and speaks: "I saw death!" Private Clubs Newsletter, July August 2001 & BBCMMch9a033 Did Dr. Henry J. Heimlich use the Heimlich maneuver to save a choking victim at the Cincinnati Bankers Club?

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Jteicoji^sJE^spil^^ Frank Noyes MD, president of the Deaconess Sportsmedicine Clinic, wins Heimlich Institute "Save-A-Life Award" for using the Heimlich maneuver to rescue two drowning victims and one choking victim Alexa Dayan - Rye Brook, NY, June 21,1998 Advocate: " G r a n n y , " the Heimlich maneuver, and the Angela Henley drowning

DROWNING IN LIES: Henry J. Heimlich, Edward A. Patrick and the Heimlich Maneuver Case Frauds
9-8-03 LETTER TO THE INSTITUTE OF MEDICINE. AMERICAN HEART ASSOCIATION, AND AMERICAN RED CROSS BACKGROUND THE LIMA CASE LIMA - THE ARTICLES & CITATIONS BOGUS CREDENTIALS THE 1985 AMERICAN HEART ASSOCIATION COMMITTEE DR. JAMES M. FATTU & THE CLAIMED PEER REVIEW OF THE LIMA CASE THE DALLAS AMBULANCE CASE THE VICTOR ESCH CASES THE JOURNALS & DR. GLEN C. GRIFFIN THE HEIMLICH INSTITUTE & DEACONESS ASSOCIATIONS THE PATRICK MANEUVER? CONCLUSION CC: LIST Links of Special Interest: NARCOTICS: Drs. Gerson Carr, Ryan Krebs. and Milton Uhlev
http://www.heim.lichinstitute.com/ 9/13/2005

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^ C a s e 1:05-cv-02791-LW e Document 116-51a tnFiled 02/04/2008i'I>Page 8 of 10g^ / ^ .

THE RICHARD DAY CHOKING STUDY & THE DYSPHAGIA FOUNDATION JEFF ELLIS & ASSOCIATES. LIFEGUARDS, AND THE HEIMLICH MANEUVER THE PLANTED K.W. MANSOOR LETTERS

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Henry Heimlich Victor Esch Edward Patrick fraud drowning m an never lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinuStitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heiniKehinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitutc.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute heimlichinstitute.org heimlichinstitute Henry Heimlich Victor Esch Edward Patrick fraud drowning manuever lifeguard lifeguards frauds malaria AIDS esophagus Institute http://www.heimlichinstitute.com/ 9/13/2005

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CCase 1:05-cv-02791-LW^Document 116-51XnFiled 02/04/2008I'J Page 9 of 10

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Case 1:05-cv-02791-LW

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Filed 02/04/2008

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SUMMARY JUDGMENT EXHIBIT V

Case 1:05-cv-02791-LW

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Page 2 of 16

Dr. Edward Patrick

On Wednesday afternoon, September 14,2005, we received tho fniinw, f " Zey S E E K S : r

ftTy

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(ha. someone was spreading incorree, information in regari

Res.dency at Jewish Hospital and had not started one at this L7.

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m P a t r i C k W C r e V C i 7 C,0Se a n d o n e o f h i s fjt'Z^t i D r -is his father and therefore trying to discredit Dr. Patrick also. ^ n s is out to discredit >screait his

nl?Cx W r k ! d S e p t e m b e r 1 6 ' 1 7 a n d 18> 2005. He did not get along well with staff or patients. An modem report was written in regards to his failure to was! CdTberween

^SS^KS
Clifford D. Nay President/CEO

8 ,w er e q u e s t e dt h a tD nP a t r i c kD O tb er e s c h e d u l e da n d

Attachments #l-#2: Unknown sender #3: Dr. Patrick's responses to his unknown detractor #4: Incident Report from the ER Staff

EXHIBIT

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Case 1:05-cv-02791-LW

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Page 3 of 16

SUMMARY JUDGMENT EXHIBIT W

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Case 1:05-cv-02791-LW

Document 116-52

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Page 4 of 16

Patieiit information (stamp) or . .iitor Information

Seott M e m o r i a l Hospital
Jewish HpspitaJ Heallh Natwcrk former

EVENT REPORT QUALITY IMPROVEMENT / PEER REVIEW

Report Date: Occurrence Daite: Department involved: Location of event:

ED

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AM/PM Q Inpatient

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Check any of the helow indicators that are applicable.

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Patient Fali IV/Blood Error Medication Error Equipment Failure Adverse Drug Reaction Transcription Error Reaction To Contrast Media Procedure Error Delay In Treatment Specimen Lost/Error Transfusion Reaction

Skin Break down/Decubitus/Abrasion Multiple Attempts To Intubate >3 Illegibility No H & P With in 24 O r Prior To Proced u re Panic Value Procedure Not Followed Drugs/Alcohol Or Contraband Found Sharps/Needle Find ""jaL^. Deviation From Protocol/Policy Q Incorrect Sponge, Needle, Or Instrument Count Q Other Q Delay In Results Write Additional Indicators 3. 4. Patient Rmhts/Safetv/Seairitv

Patient or Family Complaint Unplanned Adm/Trans to More Acute Setting Suspected Abuse Patient Refuses/Is Not Compliant With Tx Restraint Policy Variance Suicide/Attempted Suicide Q None Minor

7. 8. 9. 10. 11.

Informed Consent Absent, Incomplete Violent Behavior Which is a Threat to Self/Others Facility Property Damage Personal Articles Damaged/Lost Theft Qf Major Permanent Qj-Death

Degree of Injury: [^Potential Only Describe Event:

Major Temporary

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Title Investigating Team

ILVL:

Date:

Case 1:05-cv-02791-LW
Additional Information or follow-up:

Document 116-52

Filed 02/04/2008

Page 5 of 16

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Case 1:05-cv-02791-LW

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Filed 02/04/2008

Page 6 of 16

SUMMARY JUDGMENT EXHIBIT X

Case 1:05-cv-02791-LW
FROM :

Document 116-52

Filed 02/04/2008

Page 7 of 16

PHONE NO.

SEP. 15 2005 08:00PM PI

HE ATRICK NSTITUTE
Individualized O u t c o m e Analysis Consult The Outcome Advisor?1

President; Edwafd A. Patrick M.O.. PH.D. I-ACEP Feifow Ameiicon College of Emergency Physicians Professor Purdue unrversiiy (ret) Past President Systems Man & Cybermelrics Society of IEEE Author of... Fundamentals of Pattern Recognition. Prentice HoU 1972 Decision Analysis In Medicine. CliC Press, 1979 Artificial InteMgence with Statistical Pattern Recognition, Prentice Hail. 1966 Tomorrows American (chapter). Oxford Press, 1977

11322LoftusLane Union, Kentucky 41091 June 13,2005 September 13,2005 To whom it may concern: First, I wish to express my sincere appreciation for your integrity and interest in investigating the raise accusations made against me. The libel committed against me is fueled by press interest in a negative story that the Heimlich Maneuver was stolen from me and statements made by an individual identified as a stalfcer with a vendetta against Dr. Heimlich. I aro outlining a few of the many articles written about Dr. Heimlich and myself. It appears that the press wants to go beyond recognizing that Dr. Heimlich and I worked together to develop the best treatment for choking, the Heimlich maneuver, by concluding that Dr. Heimlich stole the concept of the maneuver from me. That interest is fueled by a person calling himself Holly Martins who has been sending faxes and setting up internet sites. Although we have done our own investigation, an article (appended) in the Cincinnati Business Courier on January 1,2005 indicates that Holly Martins is Peter Heimlich, who has used multiple other pseudonyms. Another false claim is that T made up the "Lima Case" where I entubated a little girl who was "cold and dead" from near drowning and performed our maneuver proving that there was water in the lungs removed by our maneuver. The little girl became "warm and alive" and survived for months but with brain damage. If the maneuver had been done at the scene of the near drowning I believe she would have survived without brain damage.

431 Ohio Pike, Suites 125 8c 124 South Cincinnati, Ohio 45255-3637 - (513) 528-2941 . Fax (513) 528-2942

EXHIBIT

MDA002

Case 1:05-cv-02791-LW

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Page 8 of 16

FROM :

PHObE NO. :

SBP. 15 2005 08:0iPM P2

The January 1,2005 Cincinnati Business Cornier article acknowledges that the deidentified case record is now posted on our web site, painjckinstitute.org. The "Doctor's Notes" specifically say that I used the Heamlich maneuver to expel water from the little girl's lungs and the nurse writing in the "Nurses Notes" says that "Dr. Patrick expelled water." To this day neidier Holly Martins nor the newspapers which printed his gdse claims have shown an interest in the truth. Also enclosed are a few of the original papers dealing with our maneuver for treating choking and drowning. Enclosed is a press article written by Tom Kennedy for the Cornell Alnroni Magazine slanted toward giving me credit for the maneuver. Another article enclosed is that by the Lima News seemingly acknowledging that I was an emergency physician at the Lima Hospital. Typical of press articles, is one that appeared in "The Day," a New London Connecticut news paper (appended) claiming that I invented the maneuver and a similar article in the Boston Herald. As posted on the web site patnckJnstitttte.org, I am board certified by ABBM in Emergency Medicine having taken the combined Residency pins Practice ronte to becoming board eligible in ABEM. When I graduated from medical school in 1974 from Indiana University School of Medicine, the boards in emergency medicine were under development and it was logical that I take the residencyXpractice route. This especially was appropriate since I already was a tenured Full Professor and had established new areas in medicine including that of Outcome Analysis, and 1 was developing procedures that would enhance the developing specialty of emergency medicine. Concerning false statements that I was not properly licensed by state medical boards, please note in the appended Cincinnati Business Courier article that the executive director of the Ohio Medical Board indicates that I "met the standards for licensore." There are many more medical articles and press articles that I could include, but will leave that for later. Thanks again. Further questions can be directed to attorney Mr. Jeffrey BJankenship, Tel 859 283 1140, Fax 859 283 5155 Sincerely, Edward A. Patrick MD, PhD, FACEP

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Case 1:05-cv-02791-LW

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Filed 02/04/2008

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SUMMARY JUDGMENT EXHIBIT Y

Case 1:05-cv-02791-LW
Jan. 14 2003 15; 20
1-1O-03; 2! 2^PM|VII

Document 116-52

Filed 02/04/2008
( 7 ] 794-6G0S

Page 10 of 16
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SUMMARY JUDGMENT EXHIBIT SJ-Z

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Confirmed: Heimlich Maneuver Removes Water from Respiratory Track of Near-Drowning Victim
by Edward A. Patrick MD, PhD, FACEP Introduction There has been considerable interest in what is being called the "Lima" case, initially published in 1981. The case proves that water is in the lungs of a fresh water near drowning child and it was removed by the Heimlich Maneuver. The child survived for a significant amount of time after treatment, but it is our opinion that the outcome improves when application of the Heimlich Maneuver is not delayed. False claims have been made which include that the case was "made-up" and was never peer reviewed. Herein we provide a reprint of the text in that publication along with a copy of the Emergency Department record, the later having been de-identified in accordance with 45 CFR 164.514. Peer review for the case includes that discussed in a letter written by the Managing Editor of EMERGENCY in 1980, which illustrates the politics of the time which set-up obstacles for publishing the case in certain other journals. Case Report On June 22,1980 Dr. Edward A. Patrick MD, PhD, FACEP was the physician in charge of the busy emergency department at Lima Memorial Hospital, Lima, Ohio. A two year old girl was transported by rescue squad, arriving in the emergency department in cardiac arrest, respiratory arrest and with widely dilated, fixed pupils. One member of the rescue squad was performing cardiac compression while another member was performing mouth-to-mouth breathing. The little girl had disappeared into 25 feet (estimated) of fresh lake water after the raft occupied by herself and parents capsized. Her lifeless body floated to the surface after being under 20 minutes (estimated). An additional 20 minutes (estimated) elapsed for transportation to the emergency department. While the nursing staff worked to start an IV, the author inserted an oral airway. No air sounds were heard over the lungs (with the stethoscope) while a respiratory therapist bagged with 100% oxygen to a face mask. The author immediately intubated the little girl while observing a reservoir of water at and around the victim's vocal cords. An unmeasured amount of water was suctioned from the endotracheal tube immediately after its insertion. Attaching the bag and oxygen to the endotracheal tube, bagging produced no air flow sounds over the lungs (with the stethoscope). The author then performed the Heimlich Maneuver to the victim's abdomen, having identified the area beneath the rib cage and above the umbilicus; water gushed into and out the endotracheal tube. Prior preparation permitted collecting the water which came out of the endotracheal tube, later measured to be 20 cc. Additional water was sucked from the endotracheal tube, estimated to be lOcc. The Heimlich maneuver was performed two additional times and sounds likely due to airflow

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were heard coming out of the endotracheal tube, upon application of the last Heimlich Maneuver. Suction through the endotracheal tube at this time removed an unmeasured amount of additional water. Attaching the bag with oxygen to the endotracheal tube, loud airflow sounds were heard over the left lung (with the stethoscope). Faint airflow sounds then were heard over the right lung. A subsequent x-ray showed the stomach and intestines extensively dilated with gas. Recorded notes - Doctor, Record notes - Nurse, Recorded notes - Nurse, Recorded notes, Recorded notes show the victim arrived in the emergency department at 2:24 pm and was intubated at 2:28 pm with a #17 tube. The notes indicate that the author expelled water through the endotracheal tube at 2:28 pm. At 2:30 pm an IV was in place and the author ordered IV epinephrine. A ventricular rhythm eventually resulted and at 2:34 pm the child was defibrillated for the first time with 50 watt-second. Sodium bicarbonate was injected IV at 2:32 pm. Advanced CPR continued with blood gases drawn at 2:44 pm and a portable chest x-ray at 2:50 pm. First blood gases revealed a severe acidosis with normal oxygen and carbon dioxide levels. Pupils were still dilated but slightly reactive to light at 3:15 pm, and systolic blood pressure was 80. The victim was intermittently breathing on her own with improving color at 3:20 pm. The portable chest x-ray revealed that the victim's stomach and intestines were extensively dilated with gas. The first rectal temperature revealed hypothermia with temperature less than 95 F. During the next week the child's cardiac and respiratory function remained stable. Neurological function improved during the first five days with the child obtaining purposeful movements, reacting to pain and an apparent recognition of her parents with purposeful eye movements. After five days, the EEG revealed evidence of cerebral edema and the victim presented increasing signs of cerebral edema. Discussion We have proved that the 2 year old girl's airway was blocked with water after near-drowning. The blockage made it impossible to deliver air to the victims lungs using mouth-to-mouth breathing. Radier, the mouth-to-mouth breathing delivered air to the baby's stomach and intestines. The Heimlich Maneuver applied in the emergency department relieved the blockage. It was proved scientifically that the Fleimlich Maneuver caused water blocking the airway to be expelled. The author previously showed how the Heimlich Maneuver creates potential energy (by decreasing volume and increasing pressure) which is converted to kinetic energy of an obstructing mass. The same model applies in this case when the obstruction is a fluid with mass density. A comprehensive review of the literature on drowning is beyond the scope of this article. Briefly, however there are 7000 deaths from drowning annually in the United States and 140,000 deaths per year throughout the world. In 1933 Karovich concluded "that the blocking effect of water has been the cause of many failures of

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resuscitation." Heimlich recommended the Heimlich Maneuver to expel water blocking the airway. But Knopp indicated that more data is needed before routine use of the Heimlich Maneuver to remove aspirated water, although he doesn't directly address airway blockage such as in the current case. Spoor developed a protocol for treating drowning at the scene which advocates using the Heimlich Maneuver only if airway obstruction appears to be present. Conclusions Evidence is strong that treatment at the scene for an unconscious, near drowning victim should include the Heimlich Maneuver. For the case reported here, the best first treatment was the Heimlich Maneuver because ventilation using Mouth to Mouth breathing, an Oral Airway, or Endotracheal Intubation did not result in pulmonary ventilation. Determining airway obstruction in an unconscious, non-breathing drowning victim is difficult at the scene. Detecting air sounds from the lungs with a stethescope using mouth to mouth, a face mask, or endotracheal intubation indicates there is not complete obstruction. But this equipment usually is not available at the scene. As shown in the case report here, even intubation with positive pressure ventilation does not insure an unobstructed airway. Unless it is known that there is no airway obstruction, the Heimlich Maneuver should be the first treatment of an unconscious drowning victim. Furthermore, until it is proven that a nonobstructed airway can be detected in a time period not contributing to brain damage in an unconscious, non-breathing drowning victim, the Heimlich Maneuver should be the first treatment.

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BOWEN DEPOSITION EXCERPTS

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Page 1
1 2 3 4 5 6 7 8 Defendants. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Videotaped deposition of Michael Bowen, a witness herein, called by the Defendant for cross-examination pursuant to the Federal Rules of Civil Procedure, taken before Susan Sharp, videographer, and Renee Rogers, Registered Professional Reporter and notary public within and for the State of Ohio, at the offices of Robbins, Kelly, Patterson & Tucker, LPA, 7 West Seventh Street, Suite 1400, Cincinnati, Ohio, on Wednesday, February 7, 2007, commencing at 9:22 a.m.
_ -_ _ _ _
vs

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

E d w a r d P a t r i c k
Plaintiff, -

,
)

O R I G I N A L

) CASE NO. 05-CV-2792

Cleveland Scene Publishing, ) LLC, et al., ) )

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i
2 3 4

A Q

Correct. My question to you is, where did you

get that information from? A this I believe that was in his file. Again,

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

everything that I get is from a file. Q As you sit here today do you recall

what particular pieces of paper you -A Q A Q No. referred to?

(Shakes head.) As you sit here today do you recall

what -- because over the years you had a number of occasions to look at Mr. Is that fair? A Q Correct. Okay. That's fair. at Dr. Patrick's file.

As you sit here today do you

recall what you found in Dr. Patrick's file when you checked? A Well, there was many documentation.

There -- I believe there was some payroll information in there. Because as I started to do verifications

and as i saw more than one for Dr. Patrick, I wanted to make sure that I had the exact information, that

24

it was factual and correct.

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l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A Q Correct. Are you aware of any joint residency

programs between University of Cincinnati and Jewish Hospital that occurred in the seventies, eighties, nineties? A Back during I may have my dates

wrong, late -- I think it was the early eighties, there had been some thought that the Department of Surgery at Jewish Hospital would be working a little bit more collegially with the Department of Surgery at the University of Cincinnati. We would be sending residents some

of their residents would come over and work at the Jewish Hospital, some of our residents would go to the University and work. And, in fact, they did.

And they did that up until about 1998 until Dr. Ronald Fegelman died unexpectedly. After his death, Jewish Hospital chose to maintain their independent residency. the only thing I was aware of. Q And so you're identifying that for And that's

about an eight-year period during the nineties? A That's what I was aware of. If it was

earlier, I was not aware of it.

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_ _ _ _ _
l 2 3 Q

Pc^e 1 3 1
Through your review of resident files

and your position at Jewish Hospital, did you ever see any indication that Jewish Hospital residents

4 were participating in a joint program with Jewish 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Hospital before that A Q A Q No. No. Did you ever see anything in Dr. before 1990?

Patrick's file that indicated that he was participating in some joint program with the University of Cincinnati? A No. (Whereupon, Defendants' Exhibit Number 26 was marked for identification.) Q Handing you what I've marked as This is a four-page document,

Deposition Exhibit 26.

the first page which appears to be a copy of a letter from you to Dawn Benson at Ashtabula County Medical Center? A Q A Yes. Do you recall this document? Only from the fact that I did this

verification back in 2001.

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i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 exited. Q Okay. So that's accurate? false. inaccurate? A Q A Inaccurate. What's inaccurate? In the fact that I would be very I don't leave things question, but Bowen ignored it. Do you believe that's accurate, or

specific about what I said. open-ended. Q A Okay.

Over the next several years he received I wouldn't say

requests around the nation asking Patrick's credentials. Q A Q A Okay.

I would say his verification.

This Is not about his credentials. Okay. Bowen was worried that Patrick's

emergency residency was false. I wouldn't no. We didn't say it was We don't have

We said it never existed.

anything there. Q A Okay. And what I said, no such program ever

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l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
STATE OF OHIO C E R T I F I C A T E : : SS:

COUNTY OF HAMILTON : I, Renee Rogers, the undersigned, a duly qualified and commissioned notary public within and for the State of Ohio, do hereby certify that before the giving of his aforesaid deposition, the said Michael Bowen was by me first duly sworn to depose the truth, the whole truth, and nothing but the truth; that the foregoing is a deposition given at said time and place by the said Michael Bowen; that said deposition was taken in all respects pursuant to Notice and agreement of counsel as to the time and place; that said deposition was taken by videotape and by me in stenotypy and transcribed by computer-aided transcription under my supervision; and that review of the videotape and examination and

19: signature to the transcribed deposition are expressly 20 21 22 23 24 waived. I further certify that I am neither a relative of nor attorney for any of the parties to this cause, nor relative of nor employee of any of their counsel, and have no interest whatsoever in the

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result of the action. IN WITNESS WHEREOF, I hereunto set my hand and official seal of office at Cincinnati, Ohio, this 23rd day of February, 2007.

V-^
My commission expires: April 13, 2011
10

Renee Rogers Notary Public-State of Ohio

12 13

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1 fc04188-59ea-462d-83f8-458cbcf 89440

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CANESTRI DEPOSITION EXCERPTS

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1 2 3 4 5 6 7 8
vs

IN THE UNITED STATES DISTRICT COURT EOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Edward Patrick, M.D., Plaintiff, Case No. 05-CV-2792

Cleveland Scene Publishing, LLC, et al., Defendants.

9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Videotaped deposition of Felix Raoul Canestri, M.D., a witness herein, called by the Defendants for Cross Examination pursuant to the Federal Rules of Civil Procedure, taken before Jennifer K, Starner, RPR and Notary Public in and for the State of Ohio, at the offices of Robbins, Kelly, Patterson & Tucker, Seven West Seventh Street, Federated Building, Suite 1400, Cincinnati, Ohio, on Wednesday, April 18, 2007, commencing at 9:30 a.m.

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Q average? A Q A You go to the operating room every day. Okay. So at least I would say that you have Q What's your recollection, just on

20, 30 times in the operating room. Q A In a month? Yeah. {Off-the-record discussion.) Were you aware of any residents who held

part-time jobs while they were going through the residency program? A Q A Q A No. Do you think that would be possible? No. Why not? I don't -- because as far as I

understand it's a full-time job. Q A Were you aware of -That means that the resident don't

moonlight, that sometimes they go to the emergency room to do some work li ke sutures or seeing patients, but that is with knowledge of the boss. Q Moonlighting?

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l 2 3
Q A Q Okay. Pee ons don't discuss policies. Okay. What's your -- what's your first

4 memory of Dr. Patrick, Ed Patrick? 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A Q Well, he's a nice guy. I'm asking more what do you -- do you

remember the first time you met him or knew he was around? A Dr. Heimlich. Q introduction? A Q No, not specifically. Do you remember having any conversation Do you remember anything about that I -- I was introduced, I think, by

at any time with Dr. Heimlich about what Dr. Patrick was doing at Jewish Hospital? A Yeah. I remember he was very excited

that Dr. Patrick was going to join the Jewish Hospital. Q A Okay. Heimlich, again, was very involved in

doing things different and he -- I remember this clearly that he told me that Dr. Patrick was an engineer -Q A Uh-huh. -- from Purdue and he was going to do

something that people were not doing at that time, that

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l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 this -- the transfer of medical information through computers. For me in those days I knew the computer was

the -- that was used for something, but I didn't have idea and I thought it was very interesting. Q Do you remember Dr. Heimlich ever

discussing with you Dr. Patrick joining the residency program? A what I recall. Q A What do you recall? That he told us he that was going to No. No. It was a fact and that was

work with him for him doing some specific project. Q A Q Okay. Having to do with the computers?

Yeah, that is what I understood. Did you ever come to learn that

Dr. Patrick would have -- would be doing something other than that at Jewish Hospital? A Q A Q I -- I Okay. I didn't care really. I'm fine.

So you

I took what he said. Okay.

So there was no time after that

that you learned from Dr. Heimlich or anybody else that Dr. Patrick would be doing other things also? A I -- I didn't know.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A Q Yeah, GYN. Very good guy.

Are you believe he initially worked on

th e Heiml ich Maneuver. A I repl ace d. Q A Q A Q ri ght next to Garcia A Q A Q A Q A Yeah. You're both listed as chief. Yeah. Were you both chief residents that year? Six months one and six months the other. I see. So I worked the first six months, he That means July '75 to Now, in the first page -Let me see. Okay. Oh, yeah. Okay. Yeah, this is correct. I didn't finish it. I think so. I think he was the guy that

And there's a picture of you

- on the first page right next to L.L.

worked th e second six months.

Decemb er I heId the responsibilities. Q A Q Okay. And he was in the second half. So the second half of the year what was

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A I remember that I don't recall that he

was doing the jobs, the daily jobs that the residents have. And I also remember clearly about Mr. Francis was telling me that Dr. Patrick was doing surgical procedures. And I said

but that doesn't mean that Dr. Patrick didn't go to another surgical program and graduate from there. that. Q A Okay. The next line -the quality of my And I don't know

You'll see that the

answers change if you put together the question that I was asked. Q you can recall. A Q A Best of my recollection. The next line says And that's what I'm asking you, as best

So that's why I insist I couldn't say

that Dr. Patrick was not a resident because I was saying -Q A At Jewish Hospital? At Jewish Hospital. Because he was at

Jewish Hospital, but I cannot clarify what type of surgical training he have. Q You have no -- you yourself have no

memory of Dr. Patrick participating as a resident at Jewish Hospital; isn't that correct?

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it." Q Okay. Do you ever recall seeing him

working in the emergency room? A Q Exhibit 67 No. And then the next line in this and I believe the parenthesis, Mr. Francis "You would have supervised him

testified, was his question. during surgeries?" A

And then -That is part of the question -- the I don't recall that.

answer that I've been giving you. Q Okay. A Q A

"Yeah, but I don't remember that he did Do you recall telling Mr. Francis that? Yeah. Okay. Yeah. And then the next -Something in computers I know is

what I think was the thing that I was told that they were doing. Oh, to put in the computer information and if you

feed a computer with that information the possibilities of the diagnosis were A, B, C. work is related to -Q Did you at any time, whether it was the Yeah, I think that computer

six months you were chief resident or the following six months, observe Dr. Patrick treating patients?

23 24

A Q

I don't recall that. Do you recall Dr. Patrick at any time

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you -A Q A Q I Garcia -~ Q A Q Okay. -- after January the 1st, 1976. You have no recollection of Dr. Patrick control -Q A Uh-huh. -- I don't recall that I scrub with A When I was chief resident that I

Dr. Patrick in surgery. Q A Okay. Do you recall --

But I don't know what happened with

during that entire year from July 1, 1975 to June 30th, 1976 participating in surgical procedures; is that correct? A Correct would be to say that while I was

chief resident and I have direct contact and I was doing the scheduling and I was supervising the function of the operating room between July and December, I don't recall that I scrubbed in with Dr. Patrick. Q Okay. And from January to June can

Let me finish my question. Yeah. I'm sorry. I apologize.

From January to June are you saying that

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
meetings." A Dr. Patrick could be -- could have been participating as a surgical resident and you wouldn't know it? A I if I if he did something, I

don't recall that he did it. Q Okay. The next line -- I'm directing It says, "I can tell you I'm 100

you back to Exhibit 67.

percent convinced that he was not a resident when I was chief resident that year." A Q That's not correct. "I remember he was going to some of the You did not say that to Mr. Francis? I couldn't be because if you read the

context of what I was explaining to you, I was saying that I did not know his activities as a resident. know And in order to

because you have to remember that the conversation

was started with Mr. Francis asking me information that he needed to find out something. Okay. So the question is

started and that was the sequencing of events. Q Wasn't Mr. Francis asking you whether

you recall Dr. Patrick participating as a resident? A Q A There was several questions. Okay. What questions -~

He asked me if I remember if he was

doing -- and I tell you that before -- under my supervision

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work. Q at hearing that? A No. I remember that he mentioned that Okay. Do you recall expressing surprise that Q A Okay. -- he was doing some emergency room going on rounds? A Q I don't recall really. Have you ever spoken to anyone from the

Ohio State Medical Board regarding Dr. Patrick? A Q A Q No. Have you ever spoken to Peter Heimlich? No. Before today when's the last time you

spoke to Dr. Patrick? A Q 1976. Okay. During your conversation with

Mr. Francis, do you recall him telling you that Dr. Patrick had been working in emergency rooms for a number of years? A Q A He told me that. You recall that? He -- no. Mr. Francis, yeah, told me

he was doing surgical procedures.

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Pa5e62
1 2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
that? A Q A Q I think so, yeah. In the emergency room? Yeah. But that's it. Q Okay. You believe Mr. Francis told you

And is it your understanding that that's

th e norm for an emergency room doctor -A Q A They do some things. to perform some surgical procedures?

If they have training in emergency room,

th ey train you tc do tracheostomy or something like that. Q Okay. And do you remember expressing

su rprise at that, that he would be doing surgical procedures in the emergency room? A doing th Is . Q Have you previously spoken with Surprise that I didn't know that he was

Mr . Blan kenship, Dr. Patrick's lawyer? A Q A Q A Q No. Either in person or by telephone? I talk to you one or two times, I think. Right. And that's it. Okay. Talk to anybody else about this

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C E R T I F I C A T E STATE OF OHIO COUNTY OF HAMILTON

4
5 6 7 8 9

ss

I, Jennifer K. Starner, the undersigned, a duly qualified and commissioned Notary Public within and for the State of Ohio, do hereby certify that before giving of the aforesaid deposition, the said FELIX EAOUL CANESTRI, M.D. was by me first duly sworn to depose the truth, the whole truth and nothing but the truth; that the foregoing deposition was given at the said time and place and was taken in all respects pursuant to agreement of counsel hereinbefore set forth; that the deposition was taken in stenotypy by me and transcribed into typewritten form under my supervision; that the transcribed deposition is to be submitted to the witness for his examination and signature, and that signature may be affixed out of the presence of the Notary Public; that I am neither relative, attorney, nor employee of any party or their counsel and have no interest in the result of this pending action. IN WITNESS WHEREOF, I have hereunto set my hand and official seal of office at Cincinnati, Ohio, this (nib day of f \ | \ r^>-V , 2007

10
11 12 13 14 15

16 17
18 19 20 21 22

23
24

My commission expires: March 7, 2009

f J Jennifer K. Starner, RPR L-77 Notary Public

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HEIMLICH DEPOSITION EXCERPTS

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Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Edward Patrick, Plaintiff, vs Cleveland Scene Publishing, LLC, et al., Defendants.

9 10 li

ORIGINAL
CASE NO. 05-CV-2792

12 13 14 15 16 17 18 19 20 21 22 23 24

Videotaped deposition of Henry Heimlich, M.D., a witness herein, called by the Defendant for cross-examination pursuant to the Federal Rules of Civil Procedure, taken before Rich Ramey, videographer, and Renee Rogers, Registered Professional Reporter and notary public within and for the State of Ohio, at the offices of Finney, Stagnaro, Saba & Patterson Co., LPA, 2623 Erie Avenue, Cincinnati, Ohio, on Friday, March 16, 2007, commencing at 9:30 a.m.

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age

n*

1 2 3 4 5 6 7 8

I'm going to show you an article from It's been

the Cincinnati Business Courier.

previously marked as Exhibit 44 in this case. You're certainly welcome to read it all, but there's no need to. I'm going to just ask If you would

you about a very distinct part of it.

turn to the fourth page of this article. A Q Is that the last? It's the next-to-last page. Let me

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 says:

first ask you, do you recall being interviewed by either Dan Monk or Andrea Tortora of the Business Courier? A Q A Q I think it was Monk. Okay. You recall --

Again, I just -- I don't recall. Do you see on this fourth page there's

an indented paragraph with a bullet point A Q Yes. towards the bottom?

If you could

just read that paragraph to yourself and I'll ask you a question. A Q (Peruses document.) Yes.

And the one sentence in there that

Henry Heimlich told the Courier he hadn't met

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2 3 4

Patrick until after he published his first paper on the topic in June 1974, referring to the Heimlich maneuver. A Q Is that accurate what you told Mr. Monk? Yes. Okay. And that's your memory today

5 6

that you met him -A Q Yes . after you had published your first

7 8

9 paper on the Heimlich maneuver? 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A Q Yes. And then there's a quote right

underneath that, referring to the Heimlich maneuver, that says, quote, The concept is entirely mine, close quote. Is that an accurate quote? A Q Yes. Okay. And you told Mr. Monk that, if

he so interviewed you? A Q Must have been. Okay. You can put that to the side for

now, Dr. Heimlich. (Whereupon, Defendants' Exhibit Number 51 was marked for identification.) Q I'm going to show you another document

that I've marked as Deposition Exhibit Number 51.

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l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A Q That's correct. And ray question is -MR. JEFFREY BLANKENSHIP: I think he I think he

was trying to finish his answer.

was trying to finish his answer and you didn't let him finish. MR. ZIRM: correct. Q I'm just confirming that you met him I thought he said that's

when he came for his residency interview, correct? A Q Correct. Was there a time period before he began

his residency that he was conducting research with you in emergency medicine? A Q A No. Okay. Was there a time period -I don't recall between that

Excuse me.

time when he came to see me and when he started his residency whether we had contact or not. no recollection of that. Q Okay. And your best recollection of I just have

that time period is a few months? A Q It could have been six or eight months. Okay. But you have no recollection of

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 him performing research with you in that six-to-eight-month period before he started his residency? MR. JEFFREY BLANKENSHIP: Objection. I

think that rnischaracterizes his testimony. He said he doesn't recall whether or not there was any contact. MR. ZIRM: no recollection. Q Is that correct? THE WITNESS: MR. ZIRM: What is that? That's why I asked if he has

I'll ask her to read back my

last question, if you would. THE COURT REPORTER: Question: But you

have no recollection of him performing research with you in that six-to-eight-month period before he started his residency? A Q that sentence. That's correct. And the second -- we were breaking down He states in this resume as part of

his description of what he was doing in 1974 to 1975 about providing the model for a new method for treating choking and drowning, which has become known as the Heimlich maneuver.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 period. Q Okay. And you have been quoted in the A Is that accurate, to your recollection? I don't recall that in that time

press as say ing that the Heimlich maneuver was entirely your concept, correct? A Q Yes. What about the second sentence that

says he deve loped the framework for the first outcome analysis, choking and drowning, eventually used by Surgeon General Koop to declare the back slap lethal and the Heim lich maneuver the treatment for choking. Do you recall him doing that in this period 1974 to 1975? A Dr. Patrick had I believe in one of

the ~~ had come up with an idea on his first outcome analysis. Q A that period. Q Okay. Do you have any recollection as Okay. I don't know what he did with that in

you sit here today of working with Dr. Patrick in any regard prior to him commencing his residency? A I can't recall any. But that does not

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1 mean that we didn't talk something about that. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a.m. a.m. just have no recollection of that at all. Q And I'm asking about -- not necessarily I

whether you had discussions with him about it, but whether you actually engaged or recall him engaging in research with you in the year before he began his residency, or at any time before he began his residency. A Well, research includes discussing

things with people about a subject. Q discussions? A Okay. So you may or may not have had

You don't recall? I don't recall. MR. ZIRM: Why don't we take a short

break, Dr. Heimlich, if that's okay with you. Is that okay, Chris? MR. FINNEY: Sure. The time is 10:49

THE VIDEOGRAPHER:

We now leave the video record. (A brief recess was taken.) (Whereupon, Defendants' Exhibit Number

52 was marked for identification.) THE VIDEOGRAPHER: The time is 11:04

We now return to the video record.

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Pa5e 57
1 2 3 4 5 6 7 Q Dr. Heimlich, I'm going to put another

document in front of you which has been marked Deposition Exhibit 52. Patrick's. This is another resume of Dr.

And, again, I want to at least at this

point direct you to that time period in 1974-1975. Do you see where it says under postgraduate medical education, research in emergency

8 medicine Purdue University and University of 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 to? A Q No. I don't quite recall it. Cincinnati with Dr. Henry J. Heimlich 1974-1975? A Q Yes. Are you familiar with what that refers

Were you doing any research yourself at

the University of Cincinnati in that time period? A Well, I was -~ in keeping with my

appointment at Jewish Hospital, I was associate clinical professor of surgery at University of Cincinnati, and my residents attended surgical conferences there and I lectured occasionally. Q Did you ever conduct any research in

emergency medicine at University of Cincinnati? A Again, it depends on what you want to I did speak on the Heimlich

define as research.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OHIO C E R T I F I C A T E :

: SS COUNTY OF HAMILTON : I, Renee Rogers, the undersigned, a duly qualified and commissioned notary public within and for the State of Ohio, do hereby certify that before the giving of his aforesaid deposition, the said Henry Heimlich, M.D. was by me first duly sworn to depose the truth, the whole truth, and nothing but the truth; that the foregoing is a deposition given at said time and place by Henry Heimlich, M.D.; that said deposition was taken in all respects pursuant to Notice and agreement of counsel as to the time and place; that said deposition was taken by videotape and by me in stenotypy and transcribed by computer-aided transcription under my supervision; and that the transcribed deposition is to be submitted to the witness for his examination and signature. I further certify that I am neither a relative of nor attorney for any of the parties to this cause, nor relative of nor employee of any of their counsel, and have no interest whatsoever in the

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Page 102
1

result of the action. IN WITNESS WHEREOF, I hereunto set my hand and official seal of office at Cincinnati, Ohio, this 30th day of March, 2007.

3 4

l-bAid
My Commission E x p i r e s : A p r i l 13, 2011

VLw

8 9

Renee Rogers Notary P u b l i c - S t a t e of Ohio

10 ii

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l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

ORIGINAL
EDWARD PATRICK, Plaintiff, vs . CLEVELAND SCENE PUBLISHING, LLC, et al., Defendants. CASE NO. 05-CV-2792 VOLUME II

VIDEOTAPED DEPOSITION OF:

HENRY HEIMLICH, M.D.

June 6, 2007 9:33 a.m.

REPORTED BY: Renee Rogers, RPR

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l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q A Q -- later in 1977, correct? Correct. Okay. Are you aware of Dr. Patrick

doing a residency at Jewish Hospital other than the one-year rotating residency? A No. I'm only I'm definitely aware

he did the rotating residency. Q Right. Are you aware of Dr. Patrick

doing any other residency at any facility or any other type of residency program other than that one-year rotating residency? A I'm not I'm not I don't remember

being told such. Q Okay. You weren't involved in any

other residency program or supervising him in any other residency program? A No. I would say that the one-year

residency was an excellent one. Q Did you become aware that some point

after completing his rotating residency that Dr. Patrick began practicing emergency medicine? A Q At some point he did. And that he took positions in emergency

rooms at different hospitals?

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 all? A No. I might so have w r i t t e n forth. letter? a letter that A Q Yes. Were you i n v o l v e d in that process at

h e h a d w o r k e d w i t h me o r Q A Like

a reference

Probably.

Did you supervise him at all as he

worked in other emergency rooms? A Q No. I'm handing you a document that's been If you would

marked as Exhibit 126, Dr. Heimlich. take a moment to review that document. A Q pages. (Peruses document.)

Okay.

This is a -- an exhibit that has two

The second page -- there is a second page to

it that is marked in the lower right [sic] as working copy, and then appears to be the first page

appears to be a typed-up version of the second page. My first question is, is that your handwriting on the second page? handwriting yours? A Q I couldn't say. Okay. On the first page, does that Any of that

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i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A Q A Q third paragraph? MR. Z1RM: third paragraph. A Q (Peruses document.) Okay. Yes. In particular, yes, the

And at that time, the first

paragraph you state that Dr. Patrick's abilities as a physician are excellent. And you believed that? As a physician? (Nods head.) Yes. And that was based essentially on his

performance in that rotating residency program? A Q Correct. Because essentially that was -- was

that the only time you were really exposed to him as an acting physician? A Q A Q As an acting physician? (Nods head.) Can you define that? Yeah. That's probably a poor term.

That's probably a lawyer trying to use a medical term. Was there any other time other than his

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1 2 3
4

rotating residency period when you observed Dr. Patrick rendering patient care? A Q I would think not. Okay. When you refer in a letter like

this, a letter of reference, to his abilities as a

6 physician are excellent, what are you referring to? 7 What abilities? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A Q A Taking care of patients. Okay. I remember when he was on medicine as a

resident, rotating through medicine as a resident, my father was admitted that evening, and Dr. Patrick was on-call for the department of medicine. admitted to medicine. He had done a thorough history of my father's illness, physical exam, written them on the chart, recommended treatments and laboratory studies. And being a resident, he, of course, works on each patient under the patient's private doctor as well as other residents. And I observed He was

similar care to other patients when he was rotating through surgery. Q So when you do say that his abilities

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A Q A Q A Where are you? MR. FINNEY: Excuse me.

(Indicating.)

Oh, the second paragraph. Yes. You with me?

Go ahead. Dr. Patrick completed a rotating

internship 1975-1976 as part of the requirements for board certi fication in emergency medicine, electing to become b oard certified in emergency medicine through the practice route. My question is, at the time that Dr. Patrick was participating in his rotating residency, did you know that he was intending to become board certified in emergency medicine? A Q A No, I did not. Okay. But I think this is -- well, do you

have other questions about this? Q I was going to ask you about the next In this regard, I

sentence in that paragraph:

provided him with direction to achieve a well-rounded program. A Q Yes. Did you, in fact, provide Dr. Patrick

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l 2 3 4 5 6 7 8 there was no transfer of energy of that type. Q Okay. Thank you. If you could review

the exhibit I've placed before you, which is -- it's an e-mail exchange. And, Dr. Heimlich, as you know,

with e-mails when you print them out sometimes the first e-mail appears last. So it might be easier if you read the second page, which is an e-mail from Tom Francis at

9 Cleveland Scene to Mr. Kraft, and then the first page 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 has his response. A Q Do I have to read the whole thing? What I'm interested in is the -- you

see there's five numbered questions? A Q Yeah. There's those five questions, and then

on the first page there's five responses, and that's all I really wanted to ask you about. A Yes. (Peruses document.) What do you

want me to do as I'm reading it? Q Well, let me ask you this: With regard

to the article the lawsuit -- the article that this lawsuit is about, which you pulled out and referred to earlier, it was written by a man named Tom Francis.

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l 2 3 4 5 6 7 8 Were you aware that Mr. Kraft was exchanging e-mails with Mr. Francis prior to the article being written? A Q I believe so. Okay. Well, let's look at the first

page, and then we can -- if we need to refer to the question that's been asked, we can. Mr. Kraft is sending an e-mail to

9 Mr. Francis on Tuesday, October 19, and he's talking 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 one: about -- in number one at the very top, he's talking about when you met Dr. Patrick. And I think that's

consistent with what you testified today, is it not? A Q Correct. And then the last sentence in number

Dr. Patrick had no role in the -A Q Excuse -- oh, one. Yes.

No role in the origin or the

development of the maneuver, the Heimlich Maneuver? A Q A Yes. And that's correct? Well, again, I think you asked me about

the word -- showed me something, and it depends again on the word "development," as far as that goes. He

had no -- he obviously met me after the maneuver had

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l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

been originated Q A Q A

Correct. -- and published. Correct. Do you --

It depends whether the development

would include this one I just told you about. Q A Q I understand. Which was six years later or so. Okay. Do you recall talking with Mr.

Kraft about the date of your meeting with Dr. Patrick? A Q A Q About what? The date you first met Dr. Patrick. Probably. Do you recall Mr. Kraft telling you

that reporters were interested in that, knowing when you first met Dr. Patrick? A Q I don't recall. If you look at the second page, let's If you could just read that to

look at number three.

yourself, the third question. A Q A What is a CV? Curriculum vitae. Oh. (Peruses document.) Okay.

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.^

ae
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 yes. Q Okay. And if you could look at number it is. Q And t h e n i f three? you s e e Mr. Kraft's

r e s p o n s e t o number A Q A Yes.

Is Mr. Kraft's response accurate? I would say in a way it is. In a way

I find that many of the substance of this

article and in this question as well as others, that they're kind of roundabout. Q Well, I'm just asking you about -- a

question about the residencies, where Mr. Kraft says that the only one you were aware of Dr. Patrick's residencies was the 1975 term when he rotated through all the departments. A That was the residency he had with me,

five, the first -- the question on the second page, Pat -- do you see where it says: Patrick is claiming

that he was instrumental in convincing C. Everett Koop to recommend the Heimlich maneuver as first response in choking rescue, that his papers were crucial to achieving this endorsement. accurate? Is this

And Mr. Kraft responds that Dr. Heimlich

was not aware of those efforts.

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i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 A Yes. I'm sure. I don't recall

absolutely, but I'd be quite sure I did. Q And have you ever seen any of the

hospital rep orts or paperwork related to that Lima case? A I don't think I did, but I do remember

he speci f ically -- I knew it very definitely was at Lima and encountered this situation. Q Have you utilized this article in any

way in s ijpport of your efforts to promote the Heimlich maneuver for use in drowning cases? A When I've written in the past on

drowning , I have mentioned this with reference to Dr. Patrick'. 3 report. Q Has Dr. Patrick ever spoken together

with you , made any presentations with you relating to the Heimlich maneuver and drowning? A Q A Yes. A number of times? Yes. Very valuable. I believe that's all the

MR. ZIRM:

questions I have for you, Dr. Heimlich. 23 24 THE WITNESS: You're not going to leave

this without discussing the report in the

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l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OHIO SS C E R T I F I C A T E

COUNTY OF HAMILTON I, Renee Rogers, the undersigned, a duly qualified and commissioned notary public within and for the State of Ohio, do hereby certify that before the giving of his aforesaid deposition, the said Henry Heimlich, M.D. was by me first duly sworn to depose the truth, the whole truth, and nothing but the truth; that the foregoing is a deposition given at said time and place by Henry Heimlich, M.D.; that said deposition was taken in all respects pursuant to Notice and agreement of counsel as to the time and place; that said deposition was taken by videotape and by me in stenotypy and transcribed by computer-aided transcription under my supervision; and that the transcribed deposition is to be submitted to the witness for his examination and signature. I further certify that I am neither a relative of nor attorney for any of the parties to this cause, nor relative of nor employee of any of their counsel, and have no interest whatsoever in the

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l 2 3 4 5 6 7
, J /

result of the action. IN WITNESS WHEREOF, I hereunto set my hand and official seal of office at Cincinnati, Ohio, this 15th day of June, 2007.

My Commission Expires:

Renee Rogers Notary Public-State of Ohio

9 April 13, 2007 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

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Page 161
1 2 3 4 5 6 7 8 vs . EDWARD PATRICK, Plaintiff, CASE NO. 05-CV-2792 VOLUME III UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION

ORIGINAL

9 CLEVELAND SCENE PUBLISHING, LLC, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 REPORTED BY: Renee Rogers, RPR VIDEOTAPED DEPOSITION OF: June 1, et al., Defendants.

HENRY HEIMLICH, M.D. 2007

2:04 p.m.

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l 2

a variety of conditions, and it could be a doctor who wanted to become an emergency physician and therefore had to have education in different fields that he

4 might face in an emergency room. 5 Q I see. And that's what Dr. Patrick

6 did; is that correct? 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A Q Pardon? Is it your understanding that's what

Dr. Patrick chose to do? A I'm not -- it's my understanding now, I was not necessarily aware

and after he did it.

that that's what he wanted it for when he took it. Q Okay. Dr. Heimlich, I'm going to show

you what's previously been marked as Defendants' Exhibit 48. 48. A Q Yes. And if you would, please, just tell us Take a minute and take a look at Exhibit

what that document is. A Oh, that is my stepping down as

director of surgery. Q Okay. So some time around May 27,

1977, you stepped down as director of surgery at Jewish Hospital?

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Pae 267
i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
STATE OF OHIO C E R T I F I C A T E :

: SS COUNTY OF HAMILTON : I, Renee Rogers, the undersigned, a duly qualified and commissioned notary public within and for the State of Ohio, do hereby certify that before the giving of his aforesaid deposition, the said Henry Heimlich, M.D. was by me first duly sworn to depose the truth, the whole truth, and nothing but the truth; that the foregoing is a deposition given at said time and place by Henry Heimlich, M.D.; that said deposition was taken in all respects pursuant to Notice and agreement of counsel as to the time and place; that said deposition was taken by videotape and by me in stenotypy and transcribed by computer-aided transcription under my supervision; and that the transcribed deposition is to be submitted to the witness for his examination and signature. I further certify that I am neither a relative of nor attorney for any of the parties to this cause, nor relative of nor employee of any of their counsel, and have no interest whatsoever in the

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Pase 268 result of the action. IN WITNESS WHEREOF, I hereunto set my hand and official seal of office at Cincinnati, Ohio, this 18th day of June, 2007.

My Commission Expires:
9 10 11

Renee Rogers Notary Public-State of Ohio

April 13, 2011

12 13 14 15 16 17 18 19 20 21 22 23 24

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Defendants. vs. Cleveland Scene Publishing, LLC, et al., Edward Patrick, M.D. Plaintiff, Case No. 05-CV-2792 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

ORIGINAL

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Videotaped deposition of Esar Gordon Margolin, M.D., a witness herein, called by the Defendants for Cross Examination pursuant to the Federal Rules of Civil Procedure, taken before Jennifer K. Starner, RPR and Notary Public in and for the State of Ohio, at the offices of Robbins, Kelly, Patterson 6 Tucker, Seven West Seventh Street, Federated Building, Suite 1400, Cincinnati, Ohio, on Wednesday, April 18, 2007, commencing at 1:58 p.m.

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staff? A Well, mainly it was internal medicine. A to ask that. Q Just on -- just on principal. I'm going I'm against retirement in case you want

to focus most of my questions on your time as director of internal medicine at Jewish Hospital. And in particular to

the extent we can, we'll focus on the years in the mid '70s, particularly when Dr. Patrick was there at the same time. A Q Oh, okay. General question. As director of

internal medicine, what was your involvement and responsibility for the internal medicine residency program there? A Well, as director of medicine I had the

responsibility for the whole department of medicine and all of its subparts, cardiology, pulmonary and so forth. then in addition, I was chairman of the committee. what we called it. And I forget

House Staff and Education Committee.

And so I was responsible for appointing and kind of overseeing the house staff in all the areas except perhaps in surgery. Q And what areas were there of house

We had a number of rotating residencies in different areas

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l page at the top it asks in the first blank line, "Specify 2
type and specialty, flexible, categorical," and then in Someone has written

3 parenthesis, "medicine or surgery." 4 5 6 7 8

flexible.

So was there a flexible -- that was an option for

a resident applicant to apply for? A Yes, absolutely. We had different

designs of the program.

And the flexibles went through

several different specialties during the course of the year.

9 And it was a variable rotation, whereas the categoricals in

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process -A Q A Yeah. and accreditation process for that? medicine and surgery were primarily assigned to medicine or to surgery for the year. approving bodies. Q A Q And that's what I was going to ask. Those were acceptable. The flexible residency program was also That was all approved by the

an accredited program? A Q Absolutely. Okay. Were you involved in the review

Yeah, for the flexible I was because As

anything that merged with medicine I had responsibility.

a matter of fact, you see I signed the back that I approved

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that -- that this applicant for this flexible program. that's my -Q A Q And can you read your handwriting? That's my initial. Okay.

And

And can you read what -- is that

your handwriting above it as well? A Q It is. Can you read that for us? Yes. Okay for flexible program, that is

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
medical --

four months of medicine, fourth months of surgery, anesthesia, emergency room, that's ER, x-ray, starting August 1975, signed by me. Q Okay. So you had to approve -- would

you have had to approve any flexible resident? A Everyone had my -- everyone had my -- a

note like this on it if I approved it. Q A And were there -Not the surgical ones, not the

categorical surgical. Q I understand. So any flexible and

A Q A

Absolutely. -- was -- you had to approve? Absolutely.

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that was? A Well, my understanding was that he my Yes. Q And did you have an understanding of why A Oh, yes, just one year, absolutely.

recollection is that Dr. Patrick had been out of medical school, hadn't had any further training, wanted to fulfill that, I guess, for state licensure or whatever requirements. But my recollection was his particular interest was to do computing and to stay in the engineering field or somehow to meld it, but he wanted to be recognized as a -- as a full fledged physician who needed this extra training. Q Do you have any recollection that at the

time you approved Dr. Patrick's flexible residency program that he was interested particularly in emergency medicine. A this thing. Q A recall that. Q Okay. If you could turn to the next Uh-huh. I don't recall any -- any -- I don't No, except that I -- we put emergency in

page, it says "Supplement to Residency Agreement." A Q Yes. You've had a chance to review this?

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A Q Yes, I have. And it lists the rotation the So do you

department rotations he was going to undertake.

know whether those rotations were to be taken in the order listed here? A Q A Oh, no, not necessarily. Okay. No. This was an agreed upon program.

I -- I think he just fit into the rotation the way the program would best suit it. Q A Q A Okay. But I think I Sure. This is a very unusual supplement. I if I can comment. I don't recall the order.

don't remember ever writing one like this for anybody. Q in this instance? A thoughts -Q A Sure. -- for what they're worth. In reading There was Well, in reading -- may I just offer my Okay. And do you know why it was done

this, it looked to me like I had some doubt. another document that went with it. Q

There was two versions and then there

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i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 anybody else and it is -- it is well delineated in here that there was some concern in my mind and it reads that way. it says, "It is the desire of all that this program be a proper one so that at no time in the future could questions be raised about the validity of this accredited year." Q A Uh-huh. You can see I had some doubt -- some As

issues because Dr. Patrick was otherwise given other jobs at the same time and none of my other house staff were given such jobs. Q A I understand. I want to make that clear because

that's -- that's strictly unusual. Q And -- and the last paragraph mentions

two of these commitments that he had? A Q Right. An eight-hour-per-week job as physician

in charge of clinical computing and eight hours was the HARP program? A Q A That's right. And was that the basis of your concern? Absolutely. And that was -- it said he

would fulfill those outside the required hospital duties in his internship.

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remember. surgical training and I didn't want to take full responsibility for a full year and, hence, formulated that Dr. Heimlich would be the responsible person for the rest of the training. Q Given that you had these concerns, did

you make any efforts during the year of Dr. Patrick's residency to satisfy yourself that he was meeting the requirements? A assignments. We knew that he was fulfilling his I will say in front of Dr. Patrick that I'm

sure that all of his peers did not feel that he was carrying his full load. Q A Okay. And I do remember that. I don't

I think we discussed it, but a little bit of Not that he didn't do -- not

evanescence in his appearance.

that -- well, we never found that the job wasn't fulfilled, but we weren't so sure it was done in the full manner that we -- that a full-time intern should have done it. Q A Q Okay. In my best recollection. I understand. Is there any specific

recollection of any peers that you had these discussions with?

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i 2 3 4 5 6 7 8 9 10 11 Q A Yes. I have not seen that here, but I do

remember that I was not the one that signed it. Dr. Heimlich was asked to sign that at the time. Q Would you have had misgivings about

signing it given what you heard about Dr. Patrick? A I had misgivings and required -- asked

him to sign it, that I was not going to sign it for the hospital. event. Q A Okay. Ordinarily I would have -- I would have I don't know if that's in your -And I'll show it to you -That was my biggest recollection of this whole

12 13 14 15 16 17 18 19 20 21

been the one to sign it. Q A Q A

Yes, it is. Okay.

-- in a few minutes. Because he was really Dr. Heimlich's

protegee protege and I think that's where it belonged. Q A I understand. But that made it official as far as the

hospital was concerned. Q Correct. It was an official year of training. Okay. And as far as you're concerned,

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A Q

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have. Q you have -Okay. What -- what departments would requirement, again, a national accredited -A Yeah. Yeah, they they wanted -- they

wanted documentation. Q

Makes sense to them.

Do you have any personal recollection of

observing Dr. Patrick treating patients? A No, I do not. Do you have any personal recollection of

ever observin g Dr. Patrick in the emergency room? A Q No. Would you observe residents as they

rotated throu gh the emergency room, for instance? A Emergency room I wouldn't ordinarily not

A Q A Q A
Q A

Just on --- contacted? -- medicine essentially. Okay. And making rounds and teaching -And you --- and reading their -- reading their

write-ups and stuff Q And you indicated there's subspecialties

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within medicine or subdepartments. A What were those?

At the time there was cardiac,

pulmonary, there was gastro -- gastroenterology I'm sure. We had a -- for a while we h ad immunology, rheumatology/immunology. that time. Q A I don't remember what we had at

They all sort of developed over time. Okay. And they sort of grew. That's the way

9 medicine has grown all these years and has become so

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Q overwhelmingly h uge now with subspecialties. Q I think you testified earlier that

sometimes residents from the University would rotate through Jewi sh Hospital? A Q Yes. Would th e opposite occur, residents at

Jewish rotate th rough University? A At that time I would say no. There were

some attempts to do that from time to time, but I don't recal1 exactly when that was both ways. Q Okay. (Whereup on, Defendants' Exhibit 68 was marked f or identification purposes.) Let me h and you a document that's been It never it never worked

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Q before with that at any time. Q Okay. And, again, you left Jewish

in the late '80s, correct? A Q A '86. Okay. That's an interesting question, though.

it kind of bothers me that I don't really remember because it has some familiar ring to it, but I have no recollection of -- of assuring that we had documentation for the state board at the time any of our residents were there. I don't

recall ever communicating names or even sending lists or anything to them. Q Okay. (Whereupon, Defendants' Exhibit 69 was marked for identification purposes.) I'm going to show you what we've marked This is one of the resumes

as Defendant's Exhibit 69.

that's been provided to us from Dr. Patrick, one of his resumes. And I just have a question for you about his Do you see that?

description of his residency at the top. A Q A Q

Well, it says '74 to '76. Correct. That's that's not --

That doesn't. -- consistent with the certificate?

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A certificate at all. That's isn't consistent with our And I would not -- I would say he was

not a two-year resident. Q A Okay. What about

And it wasn't a residency in surgery and

6 medicine, it was really an internship, flexible internship. 7 8 9

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Q And how about University of Cincinnati,

did it involve the University of Cincinnati to your knowledge? A Oh, no, no, no, no, no, nothing that we

had anything to do with it. Q Okay. If you could look back in this

book to Exhibit 52, Dr. Margolin. A Q A Q Okay. Thank you. 52. 52.

All right. Again, this is another resume of

Okay.

Dr. Patrick that has been obtained during discovery in this case. And, again, I wanted to ask you about his description

of his postgraduate medical education down almost towards the middle of the fist page. A Yeah. Do you see that?

Postgraduate medical education,

is that what you're talking about? Q Yes. Uh-huh, you see the first entry,

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not Research in Emergency Medicine, Purdue University and University of Cincinnati with Dr. Henry J. Heimlich, 1974-1975. A Q Uh~huh. Is that your understanding of what he

was doing in the year before his residency? A I -- I don't remember anything related

to emergency medicine, no, sir. Q Okay. And then do you agree with his

description of his rotating internship? A Yeah, we called it flexible. But the

rotating was an alternative term for it. Q A misdirected at all. Q Okay. And then again, it says Jewish Okay. That -- that would not that is not

Hospital, University of Cincinnati? A Q A Where does it say that? You see that? Oh, no, this is not part that was No.

our program was completely separate from that of the

University of Cincinnati.

23 24

Okay.

And then below that do you see

Special Residency in Emergency Medicine under directorship

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of Henry J. Heimlich from 1976 to '78? A We had -- Jewish Hospital had no

Page 60

residency in emergency medicine.

So I have no knowledge of I

what that -- where that came from or what that refers to. had no involvement in it. Q A Okay. This is talking about the emergency

8 medicine as a sub -- as a specialty in medicine. 9

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fit our Jewish Hospital thing at all. Q

It doesn't

Do you have any recollection of

Dr. Patrick still being present in Jewish Hospital after he completed this flexible rotating internship? A I was trying to think about that. I

I don't have a clear idea of what happened after the residency, after the internship. I think I am not

sure -- that he was still around a while doing the computing thing. Q A Okay. I don't recall any particular period of

time when he -- when he was no longer there or how long he was there. have no I was trying to think of that the other day. I

I just don't recall what happened like, you know,

faded away somewhere thereafter and I don't how soon or how late.

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A My guess is that Dr. Patrick was around All I knew was the HARP thing

the hospital at that time. initially. Q A I'm unable to say. Q Okay. Okay.

But whether that's incorporated in that,

And then how about '75/'76,

resident 1 designed for emergency medicine at Jewish

9 Hospital?
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medicine. surgery. Q A the hospitalabout that. Q Okay. Do you remember having any Okay. And then the '76 to '79, he was there in I don't remember -- I don't know anything A No, it was not designed for emergency It's clearly emphasis on surgery, general

discussions with Dr. Heimlich about arranging a special residency after that -A Q A No. No. for Dr. Patrick? We were not -- we were not

accredited in emergency medicine. Q Okay.

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C E R T I F I C A T E STATE OF OHIO

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SS
COUNTY OF HAMILTON

I, Jennifer K. Starner, the undersigned, a duly qualified and commissioned Notary Public within and for the State of Ohio, do hereby certify that before giving of the aforesaid deposition, the said ESAR GORDON MARGOLIN, M.D. was by me first duly sworn to depose the truth, the whole truth and nothing but the truth; that the foregoing deposition was given at the said time and place and was taken in all respects pursuant to agreement of counsel hereinbefore set forth; that the deposition was taken in stenotypy by me and transcribed into typewritten form under my supervision; that the transcribed deposition is to be submitted to the witness for his examination and signature, and that signature may be affixed out of the presence of the Notary Public; that I am neither relative, attorney, nor employee of any party or their counsel and have no interest in the result of this pending action. IN WITNESS WHEREOF, I have hereunto set my hand and official seal of office at Cincinnati, Ohio, this lO"3b day of MVtXaA , 2007.

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My commission expires: March 7, 2009

f JenniferVj;. Starner, RPR Lj&T Notary Public

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PATRICK DEPOSITION
T? v

r^ TJ r> D ^r c

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Defendants. vs Cleveland Scene Publishing, LLC, et al., Edward Patrick, M.D., Plaintiff, Case No. 05-CV-2792 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

ORIGINAL

9
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Deposition of Edward A. Patrick, M.D., Ph.D., the Plaintiff herein, called by the Defendants for Cross Examination pursuant to the Federal Rules of Civil Procedure, taken before Jennifer K. Starner, RPR and Notary Public in and for the Commonwealth of Kentucky, at the offices of Monohan & Blankenship, 7711 Ewing Boulevard, Suite 100, Florence, Kentucky, on Thursday, April 19, 2007, commencing at 9:30 a.m.

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l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q marked for identification purposes.) Let me hand you a document that I've

marked as Defendants' Exhibit 72, Dr. Patrick. A Q Uh-huh. And ask whether this appears to be a CV

that you prepared in May of 1978; is that correct? A This appears to be a resume from Purdue

and Purdue would have probably been involved in preparing this resume. Q A What do you mean by that? Well, often a department helps prepare

your resume and what I see here is the bachelor's degree says 1959. It should say 1960. So I see an error there.

And chances are that that error was propagated through some process which at this time I have no idea what it was. It's

an insignificant error from my standpoint, but it may have been made during by clerical error. 1962 for the

master's degree would be correct. Q

The PhD in 1966 -All I want to ask

Well, let's holds on.

you at this point is whether you can identify this document as one of your CV's dated May 1978? A Well, I think it's important to identify

it as to where this came from and why it was prepared. Q Well, let's --

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A And this appears to be -- I can identify

this as what appears to be a resume which would have been used at Purdue University. Q A Okay. Who created this resume?

Again, I would have to say that it was

created by me in cooperation with the -- with the department of electrical engineering would be my best recollection. It's been a long time. Q Okay. And do you know what -- do you

recall for what purpose this resume was created? A Q Just for general information. Okay. And part of the reason I want to

put this in front now is because I really don't mean to make this a memory test as to exact -- you know, without anything in front of you for you to have to recall specific years and dates throughout your entire career. If you look at Page --

well, so from MIT you then at some point proceeded on to Purdue, correct? A Well, I got my master's degree in 1962

and at some point I ended up as an instructor at Purdue which may have been 1962 or 1963 and graduated with my PhD. I believe there's a letter I saw in the file indicating that I would finish my PhD in the fail of 1965. So now you have

a question of whether you say you got your PhD in 1965 or

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1 2 3 4 5 6 7 8 9 10 11 was in the School of Veterinary Science, it was not medicine and engineering. Q A It didn't involve people as such. Okay. And so I was trying to build a program And so I believe what -- they saw a

with the medical school. this as politically.

This is probably a political

political statement here.

Well, at this time, let's look at But what

this as part of the expansion of bio engineering.

we were trying to do was either expand bio engineering into medical engineering, biomedical engineering or, if necessary, create a whole new program. Q Did either of those things ever happen

13 14 15 16 17 18 19 20 21 22 23 24

at Purdue? A Q A As far as medicine and engineering? Yes. Bio engineering still exists at Purdue.

It existed at the time. Q Did it ever exist within the School of

Electrical Engineering? A The concept at Purdue at the time that

engineering was getting more interested in social problems, whether it be energy or whether it be medicine, was to form centers and the concept was to form a center. there became a center for energy. For example,

So the centers then would

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incorporate would incorporate various departments. May

incorporate the veterinary science department, could incorporate electrical engineering. So exactly how this

finally came about would be the juggling of politics and the juggling of administration. I do not believe a center for

6 medical engineering ever occurred. 7 8 9

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Q A Okay. To my best knowledge, the only thing

that exists at Purdue is the original bioengineering program. I don't believe that a program of the type that we

were working on or I visualized ever occurred. Q Going on in these requests for approval

of absences forms, they state, "I have now completed the basic science courses required for the M.D. degree. To

obtain the M.D. degree, it is required that I spend an academic year working three months in surgery, three months in medicine, etc. This 'internship' will be at the IU

Medical Center in Indianapolis." And that was the reason you were requesting this leave at this time? A Well, that would have been my junior

year and in your junior year you're starting to see patients, you're starting to be clinical. Q Okay.

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Q This appears to be another application

for permission to engage in outside activity -A Q Yes, I see this. -- form that you submitted to Purdue.

This one is dated February 29th, 1977. A Q Yes. This appears to be in handwriting. Is

this your handwriting? A Q A No. Okay. I just can't say for sure because some Well, I can't say for sure.

of its printed up above. Q A not seem to be mine. Q A Q A Q A Q 03<ay. "One a week," I don't know who did that, Do you see down below ~I can't say which part of this is mine. Okay. But it's your signature? Uh-huh. And the "12 days maximum," that would

It would appear to be. And it appears that you're asking for

permission to engage in activity at Jewish Hospital and the description of outside activity is computer assisted

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C E R T I F I C A T E COMMONWEALTH OF KENTUCKY COUNTY OF KENTON

ss

4 5 6

I, Jennifer K. Starner, the undersigned, a duly qualified and commissioned Notary Public within and for the Commonwealth of Kentucky, do hereby certify that before giving of the aforesaid deposition, the said EDWARD A. PATRICK, M.D., PHD was by me first duly sworn to depose the truth, the whole truth and nothing but the truth; that the foregoing deposition was given at the said time and place and was taken in all respects pursuant to agreement of counsel hereinbefore set forth; that the deposition was taken in stenotypy by me and transcribed into typewritten form under my supervision; that the transcribed deposition is to be submitted to the witness for his examination and signature, and that signature may be affixed out of the presence of the Notary Public; that I am neither relative, attorney, nor employee of any party or their counsel and have no interest in the result of this pending action. IN WITNESS WHEREOF, I have hereunto set my hand and official seal of office at Cincinnati, Ohio, this
O clay o f (t j o ^ , 2006.

7 8 9
10 11 12 13 14
15

16 17 18 19 20 21 22 23 24

My commission expires: November 18, 2009

'iiiimn i HIIMIIIII

/ Jennifer^ K. Starner, RPR 243-^ Notary Public

mm iiniiiriiiwnpMCTj
IM~mM.MWMUWm.HJ1

ii

CIN-TEL CORPORATION
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Defendants. vs Cleveland Scene Publishing, LLC, et al., Edward Patrick, M.D., Plaintiff, Case No. 05 -CV-2792 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

1)RIGINAL

9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
VOLUME II Continued deposition of Edward A. Patrick, M.D., the Plaintiff herein, called by the Defendants for Cross Examination pursuant to the Federal Rules of Civil Procedure, taken before Jennifer Strothers, Court Reporter and Notary Public in and for the State of Ohio, at the offices of Monohan & Blankenship, 7711 Ewing Boulevard, Suite 100, Florence, Kentucky, on Friday, April 20, 2007, commencing at 9:00 a.m.

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l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q A Q A Q Go with choking. We jointly wrote? Yes. I do not remember. How about after Dr. Koop's press

release, did you at any time appear jointly with Dr. Heimlich on any ocassion where the two of you were together speaking of the Heimlich maneuver after Dr. Koop's press release? A I accompanied him on some trips in the

background for the purpose of data collection. Q A with me. were. What trips were those? I would -- I have a list of those, not But let me try to remember what they

We were at a Detroit hospital, we were at We -- there's a

-- I believe Louisiana hospital.

number, four or five or six, I just do not remember them all. Q Four or five six hospital trips,

hospital visits? A After Dr. Koop's presentation, I would

have to check to see how many there were. Q Are those listed on your CV or resume

that you have seen in the last two days?

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A Q Not necessarily. The two that you did mention, the

Detroit hospital and Louisiana hospital, what was the purpose of those trips? A The Detroit hospital was for the purpose

of teaching surgeons and pediatricians at Detroit Metropolitan Hospital about the microtrach and how to insert it and we went into the operating room and inserted the microtrach in a boy there. Q A In Louisiana? Louisianna, southeastern United States,

I went to give a talk and talked to them about data analysis and how to achieve data collection. And talked on the format we were using. I do now

remember one in Indiana we did the same thing, talked about data collection. My part was to talk

to people because I was actively interested in collecting data on choking and drowning. Q What about any American Red Cross

conferences that you appeared or attended with Dr. Heimlich? A Q A After Dr. Koop, I don't think so. How about before Dr. Koop? Before I was with Dr. Heimlich at a

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i meeting with the /American Red Cross and I remember 2 3 4 it was very early in the process when I was collecting data on choking. And I sat next to at

lunch by the president of the American Red Cross.

5 And I remember he and I were talking and he was 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 suggesting they may want to fund me at Purdue for data collection. Q A Q Do you recall where? Washington, D.C., at the Red Cross. Do you recall attending any Red Cross

conferences or meetings? A There's an interaction of organizations

like the National Academy of Sciences so I would have attended National Academy of Sciences meeting. I attend the meeting where the objective

involved the American Heart Association on working to change the protocol for advanced cardiac life support and I was integral in the science to wake them up to use of the maneuver to treat in advance cardiac life support and it was accepted and incorporated into the treatment protocol taught by the American Heart Association through their -Q Heimlich? My question is for conferences with Dr.

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l 2 3 4 5

Yes, he was there too.

There also was

meeting with the Heart Association in Dallas, Texas in 1985 or 1986. I remember that Dr. White

from Cleveland Clinic who had been talking with me and his keynote address to everybody there; there

6 were a lot of people there like cardiologists and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 doctors, and Dr. Heimlich and I were together and I recall how Dr. White in his keynote address announced they were going to make some changes and he mentioned my name, Dr. Patrick and they mentioned Dr. Heimlich. And the changes had to do

with finally it looked as if the Heart Association was going to incorporate the science that I had been providing and Dr. Heimlichs maneuver. Q A Q A Did you participate with -I need to add one thing. Okay. The proceedings are of that I believe

in a journal circulation and should have provided you a copy of that. Q Okay. Did you participate at all in -in

along with or separately from Dr. Heimlich

efforts to have the Heimlich maneuver approved by the Red Cross or Life Saving Association for use

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l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 treatments can be analyzed in terms of outcomes and processing data and by double blind studies were not necessary. Since that time, outcome analysis has been totally accepted by the medical community and one of the most important areas for research. I

know Dr. Koop got interested in outcome analysis after him and I talked and saw what I had done. My interest at these meetings was for the purpose of collection data and explaining the results and encouraging other people to get involved. Q Do you consider yourself the foremost

national expert on outcome analysis? A Q No. Do you consider yourself one of the

foremost national experts? A Q A Not for me to say. How do you consider yourself in the -I explained it, I am a pioneer in the

area and probably wrote the first text book in the area.

23 24

Q A

Okay. That is speaks for itself. Whether they

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l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 abstract and talked about our work and talked about our position on the treatment of drowning as I recall. Q Okay. Did you ever appear on television

with Dr. Heimlich? A Q No. Did you ever accompany Dr. Heimlich to a

television appearance? A Q A Accompany him? Yes. I think I may have went to New York for

some purpose and appeared on one of the t.v. networks; NBC or ABC. area while he went in. Q That is the only occasion you recall And I sat out in an outer

being with Dr. Heimlich at a television station? A G A Jointly? Yes. It is possible we could have been, but

all the many appearances he had, I can't remember a single one I was with him. mind you can ask me about it. Q How about separately? Have you appeared If you have one in

separately to talk about your work on television?

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i 2 3 4 5 6 7 8 A Yes, one time during my rotating

internship or residency at Jewish Hospital when I was on medicine, I was taking care of patients and I had a full patient load, and I remember Dr. Heimlich asked me if I would be willing to talk about the science of how the maneuver worked for choking on Good Morning America. The reason I remember this is because it I got permission

9 was very unusual what happened. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

to take the day off at Jewish, and I went to New York. It was the David Hartman Show on Good Because they were running late, And I talked about

Morning America.

they decided to tape my part.

the science of it, kind of a science section that David Hartman had. I talked about kind of how it

worked and he wanted me to demonstrate it on him, and I did. I flew back that night and was making rounds the next day at Jewish Hospital and I remember it was 8:00 o'clock in the morning and I went into a patient's room and the man was in there and I examined him and he saw me on television. myself. L_ I did not have the chance to watch

And he just about flipped because here I

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A Q release A in Yes, Joy. or to give this press

Did you d i s t r i b u t e a hard Nobody. copy form

anyone?

What point did you post it at the

Patrick Institute website? A After the first Scene article appeared,

I needed to provide information that was true because the information in the Scene was not truthful and I needed to provide information that was true. And I had no access to the press. I

could not pick up the phone and say I would like to set something straight or have a press conference. So it was decided by friends of mine

and Mr. Rothchild, one of my attorneys, my son Edward Patrick, Jr., let's put up a website and post the information. I was not solicited or did I did this as I

not solicit what was happening.

defense to provide information that was true. set up the website and this became one of the

subjects or topics or items in the website, press release. Q A You did not have the website -Not Patrick --

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q Sorry, let me finish. You did not have

a website until after the publication of the first Scene article? A Q This specific website? This one, Patrick Institute.org was not

up and running until after the first Scene article? A Q It was not. What other website did you have, if any,

prior to that? A I had an experimental website I was That is not for the

using to develop Consult.

public, this is not visible to anybody. The purpose is to develop Consult for the web. Q Who, if anyone, assisted you in setting

up the Patrick Institute website? A Q My son, Edward Patrick, Jr. Does the press release still accurately

portray your position regarding the development of the Heimlich maneuver? A Q Yes. If you turn to the second page of the

press release, you are giving a history of your involvement and research behind the Heimlich

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1 2 3 4 Heimlich credit for his work three category model. I came up with the

And I also told Mr. Francis That is the One time I

about it and he did not check it out. crux of my position on near drowning.

5 might have used Patrick-Heirnlich or something like 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 case? A No, after the first Cleveland Scene that in a technical term for choking to distinguish something I was doing differently, but I wanted to give credit to Dr. Heimlich. It was a

technical thing in regard to what I was doing, and I did not want to just say "Patrick". I wanted to

make it clear it was a distinction, a modification of Dr. Heimlich was doing. Q Dr. Patrick, on occasion you have hired

or used a PR spokesperson? A Q A Q A Once. That is Laura Cook? No, I hired Morning Star Communications. Okay. This is after the Lima case first came I had

out because I had no access to the press. no idea. MR. BLANKENSHIP:

After the Lima

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l 2 3 article came out, August 11th. I had no access to

the press and things were being said that were not true and I needed some help. So I contacted the And one of the And I then provided

4 Morning Star Communications. 5 6 7 individuals was Laura Cook.

information to her that I had and she took over to contact the press to give them the information

8 which they were not being given and the true 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 facts. And I believe the first time and the only

time that anything resulted from that was the article after the Cleveland Scene article published in the Cincinnati Business Courier. Q So you hired Morning Star after the

first Scene article? A Q Yes. Do you know whether or not Ms. Cook made

efforts to contact Tom Francis? A Q Yes. You know he was attempting to contact

you after the article appeared and wanted to interview you again? A meeting -Q You never referred Mr. Francis to Ms. Oh, absolutely not. We had set up a

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l 2 3 4 5 6 7 8 Cook of Morning Star at any time? A recall. Q Could you look at Exhibit 44, the Mr. Francis was not talking to me as I

Business Courier article. A Q Yes. Did Ms. Cook, on your behalf,

proactively seek to get information out to the

9 press or did she react to inquiries that came to 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 you? A Q A Q There were no inquiries. Okay. That I know of. Certainly these Business Courier Isn't that how

reporters were inquiring, correct? they came? A Yeah.

I do not recall, maybe Don Monk

called me and I may have given her Q

Look on page 3 where Ms. Cook is quoted If you go to the third full

as your spokeswoman.

paragraph and fifth full paragraph. A Q Yes. What is your question, sir?

My question was whether Ms. Cook was not

necessarily relating to this article yet, my

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 question was whether Ms. Cook made proactive attempts on your behalf to get out what you consider the true facts or whether she was reacting to requests that came into you from the press? A The process was this, it may have been

Mr. Monk contacted me and I gave his name to Morning Star Communications. Q Do you know of any other reporters that

Morning Star talked to on your behalf? A Q For this? At any time, any reporters for anything

at any time? A think so. Q Your memory with regard to Exhibit 44 as You can refresh my recollection, I don't

you recall today, is that Mr. Monk contacted you and you referred him to Morning Star? your best recollection? A That is the only way we would have been I believe that is Is that

aware they were doing a story.

what concerned me that Business Courier was soliciting a story from me and I am really not sure if anybody else from -- I don't recognize the

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l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A that was '06 or not. A Then I worked the previous year at

Cumberland County. MR. BLANKENSHIP: Okay.

I worked the previous year at Cumberland

County because -Q Let's talk about the reason you did not

work September, October, November, December 2006? A Q A I will explain that. Okay. I was at Cumberland County and during

that time prior to September I was working the equivalent of what you might say four or five shifts a week. About a year and something prior

to that, Cumberland County Hospital received information about the Cleveland Scene article that was sent to them and also sent to the press. At

that time, a year and something prior to September of '06, the administrator came to me when this happened and I explained what was going on. He

said Dr. Patrick, you are the best doctor we have here. I am not concerned. He said some people

are concerned, but as long as I am administrator, you are going to be here. They bought me new

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Pa^e 405
1 2 3 4 calendar year 2005? A Yes. The best way to help you here, So

2005, I left Cape Fear in September 2004. September 2004, Cape Fear.

Now for three or four

5 months after that, I did not work at Cape Fear. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q A Why is that? I attribute that to the article, the

first article and individuals calling Cape Fear. Q You have knowledge that individuals

called Cape Fear? A Q A Yes. Who? Tom Francis said he did in his

deposition. Q A Okay. Also in his notes he indicated an

investigative reporter they had been talking to in Fayetteville. Q Francis? A Tom Francis, Peter Heimlich, Steve Okay. "They" had been talking to Mr.

Voight, the individual -Q A Steve who? Steve Voight, I believe. He wrote one

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l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 of the articles other than the Cleveland Scene and the Cornell article. Francis. Peter Heimlich and Tom

Apparently Peter Heimlich was talking to Peter Heimlich mentioned his name in

Tom Francis. the notes. Q

From your perspective, what happened at

Cape Fear, why did you leave there? A I had been working at Cape Fear ~- there

are two hospitals there, I was with United Health Care. I was working for two hospitals, both part I was involved in trauma It is a very, very busy

of the Cape Fear system. center and the medical. hospital. residents.

It is a teaching hospital with And I had been working there for The

relatively a long period of time.

administration had wanted the Group I was in to become independent and affiliate directly with the hospital. So United Health Care would be taken So the Group began to talk,

out of the picture.

and they asked me, one or two individuals who were very close to administration that were primed and going to be involved in the new contract with the hospital. And they asked if I was going to stay.

The concept was in general, I would stay with the

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1 2 3

Q Locums? A

Okay.

What did you do next as far as

I was off September, October, November

4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

December and that is when I started working with Cumberland County Hospital. Kentucky The Carlisle, and

if that is the right one

another hospital I can't think of, and Scottsburg, Indiana. Q A In 2005? 2005 and 2006. Cumberland was a time

consuming hospital. Q

I became full time there.

What were you doing in the months of

September, October, November of 2004? A Probably gathering information regarding

the Cleveland Scene and all that was going on and trying to understand who was involved. son collect articles off the internet. Having my Trying to

work on Consult that I always put a great deal of time in. Q What efforts were you making to find

employment? A Q A To what? To find employment in those months? You would make telephone calls to some

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Page 431
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OHIO C E R T I F I C A T E )

) SS COUNTY OF HAMILTON )

I, Jennifer Strothers, the undersigned, a duly qualified and commissioned notary public within and for the State of Ohio, do hereby certify that before the giving of his aforesaid deposition, the said EDWARD PATRICK was by me first duly sworn, to depose the truth, the whole truth, and nothing but the truth; and that the foregoing is a deposition given at said time and place by the said EDWARD PATRICK; that said deposition was taken in all respects pursuant to Notice; that said deposition was taken by me in stenotypy and transcribed by computer-aided transcription under my supervision; and that the transcribed deposition is to be submitted to the witness for his examination and signature. I further certify that I am neither a relative of nor attorney for any of the parties to this cause, nor relative of nor employee of any of their counsel, and have no interest whatsoever in the result of the action.

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i 2 3
4

IN WITNESS WHEREOF, I have hereunto set my hand and official seal of office at Cincinnati, Ohio, this IQ^ day of

on cu

2007.

5 6

Notary P My commission expires: July 10, 2010

10 li
12 13 14 15 16 17 18 19 20 21 22 23

ROGERS l i e - S t a t e of Ohio

24

i;;^,^.iu, j .

..^..J^IS:

j J n n . h TI .7i^-'.' * J -,^^,-, ,-T.T: I'L i,'.. \e - n - L , -, ., j | " }f yj'jf

Of 28220d-a015-4e10-8273-7d30412efb2e

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/2008 Page 29 of 42

1 2 3 4

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION CASE NO: 05-CV-2791

EDWARD PATRICK PLAINTIFF, 6 VS. CLEVELAND SCENE PUBLISHING, 7 LLC. DEFENDANTS. 8 9 10 11 12 13 14 VOL. 15 16 17 18 19 Reported by: 20 21 22 23 24 Ill DEPONENT:

DEPOSITION TAKEN ON BEHALF OF DEFENDANTS BY: NOTICE WITNESS: EDWARD PATRICK, M.D.

* * * * * * * * *

EDWARD PATRICK, M.D

OCTOBER 1, 2007 2:11 P.M.

Jennifer E. Davis, CSR

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Page 444
1 2 3 4 A. 5
Q. Q. Okay. Do you recall who your contact person was or

th 3 identity of anybody that you dealt with at Weatherby? Not particularly, no, not in 2002. At any time? I just can't recall any names. I'm trying to think It's very hard

6 A. 7 8 9 Q.
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A. Q. A. Q. A. Q. A. Q. Q. A. Q. A.

if I've already given you some names. to remember. Okay.

How about CMW, do you have any recollection

of any people that you dealt with at CMW? No. How about NES Ohio? I think you have information on NES Ohio. it 's in your records. Okay. Do you recall any names of any people you I think

dealt with there? No. How about Interim Physicians? Yes. Joey Bradshaw. I mentioned him before.

He is a physician? No. Okay. And he is with Interim Physicians?

I mentioned him before in deposition. Okay.

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1 2 3 4 5 6 7 A. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. Q. A. Q. A. QA. Q. Q. A Q A Q A Q Because I continue to deal with him. How so? We work together. How so? On hospitals. So, you continue to seek placement through Interim Physicians? Interim Physicians is one of the places that received one of the packets that was sent, of the Cleveland Scene. We have talked about that in the

previous deposition. And I'm just asking, following up to your comment that you continue to work with Mr. Bradshaw. the last time you talked to Mr. Bradshaw? I received an e-mail from him this morning. And what was the subject of that e-mail? Interest in placing me at another hospital. Okay. And are you going to follow-up with that? When is

I'll have to look at the situation. Okay. Prior to the e-mail this morning, when was

the last time you had contact with Mr. Bradshaw? Probably last week. Okay. So you're, is it fair to say that you are

currently working with Interim Physicians on

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Pae 482
l 2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21
Q. A. Q. I falsified a case. And I had testified before that That there was

there was embarrassment to me.

evidence that this information was available at Cape Fear, and I still was considering staying at Cape Fear. However, I also knew I had to gather a lot of I had to get back,

information up here in Cincinnati.

and go to my office at 431 Ohio Pike and start getting information from 20 years ago. And try to figure out

what was going on to get information about this case in Lima, Ohio. And I was aware of the fact that I may

need to find some other place up closer to here to work if I had to. I also felt that the embarrassment

and the stress that I was feeling there, that they may not want me based on the article, and the fact that I felt others were aware of this. So, there were

reasons why I wanted to investigate other possibilities, but I had planned to stay at Cape Fear on one hand, and on the other hand I also planned if I had to to have other possibilities available. So

That was in August, and -So you began investigating other options for employment in July, August?

24

A.

I actually had not yet.

I was aware that I may

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Page 483
1 2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A. A. Q. have to, and I had on my mind that I may have to. I believe I had a call from someone asking me if I might be interested, and I said, I told them, yeah, I might be interested. And, again, that's because I was My then And

feeling very uncomfortable at Cape Fear.

wife, Joy, had been contacted by Thomas Francis and even her attorney had been contacted in regard to this material that was being published. And I felt I

needed to get back up to Cincinnati at some point to spend some time trying to figure out what was going on. However, in August I had every hope of staying at Cape Fear, but as you would do if you felt that your practice was being threatened, you would be thinking, Mr. Zirm of another possibility, and I was.

Q.

Did you ask that you be scheduled less at Cape Fear? No. I do not.

Did they reduce your schedule after the publication of the Heimlich's Maneuver article? There is no "they", sir. The Lindy Health Group

was losing the -- Lindy Health, if that was the one that had the contract, was losing the contract. If I

stayed I would have had to sign a contract with the hospital to be with the new group. And I no longer

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i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. QQ. A. A. Q. A. Q-

was being courted, so to speak, within the members of the group to be part of the group. Okay. Do you recall the date when the knew group

took over the contract from Lindy? I don't. It was perhaps October 1st, I don't know.

It was about that time. Okay. While Lindy still had the contract, did your

hours diminish at Cape Fear? I worked at two places for them, all called Cape Fear, two hospitals. Okay. And I believe that the hours stayed the same until the end, I believe. I'd have to check that, but I do

know the last month, check as is represented by this document, had gone down to a very small amount relative to previous months. And these documents I

obtained at the time to show that my income from Lindy was going down to zero. And these documents reflect

the time period over which this occurred. Well, that's what I don't understand. If your

hours stayed the same until the end, why was your pay going down? I don't know when the contract ended. The contract

may have ended the middle of the month or I may not

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l 2 3 4
Q. have been scheduled. I don't recall exactly, but I

certainly know that the contract was lost about that time. It was going to the new group.

Okay. I was not going to be -- the person doing the scheduling most likely was the person who worked doing the scheduling during the Lindy contract, and also during the new contract and that person would have been somebody who would have been very gung-ho, if I may use that word, about getting a new group going.

5 A. 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
A. Q. A. Q. A, Q.

And when you say, in that previous response you indicated that you thought your hours stayed the same until the end. I just want to be clear, when you say

the end, do you mean when Lindy's contract ended? I can't say whether it was day by day or that it was a week before the contract ended or two weeks before. Okay. I don't have the answer to that. Were you ever told by anyone related to

either Cape Fear or Lindy that your hours were being reduced because of concerns over the Heimlich's Maneuver article? No. Okay. The people I work with are the people who were Because they were unrelated.

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Pae487
l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. Q. Q. A. Q. A. Q. A. Q. regarding not just Dr. Heimlich but regarding me. then there was another doctor, I can't think of his name, that after the Thomas Francis article came out I talked with him. He and I talked about various I told him that And

aspects of emergency medicine.

there's been some pretty negative stuff that has come out about me and I talked with him about it. And this was after the Heimlich Maneuvers article? After the Heimlich Maneuver article on August 11th. Because by the time the Playing Doctor article came out, you were no longer working at Cape Fear, is that

correct? That was October, that came out in October 25th, I belive, and I'm no longer at Cape Fear. correct. That is

I don't think I was at Cape Fear then.

Is it fair to say that you stopped pursuing the opportunity with the new group because of your feeling of embarrassment and discomfort? I felt it was both ways. rapport was there. Okay. And you had a sense that they were less I didn't feel that the

interested in you as well, is that correct? I did. Even though it was not necessarily articulated as

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Page 499
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 :I 19 20 21 22 23 24 A. Q. A. Q. A. QA. Q. A. Q. Q. A. Q. Okay. Not in 2005 contemporaneously to inform your

accountant? I suspect it was prepared to respond to your subpoena. Okay. Let's take out, the first 10-99 on first

page of this exhibit is from Medical Doctors Associates? Yes. So why don't we get that summary sheet back out, which is Exhibit 141, and I'm going to ask you about the facilities that you worked for in 2005 for Medical Doctors Associates? Yes. So if you look at Exhibit 141, Dr. Patrick, on the third page of that exhibit? Yes. That's where you can see 2005. First page. Third page, if you look on the third page of 2005. I don't know how you guys do this. It looks like every entry in 2005 from Medical Doctors Associates is from Sterling Health Care and we had talked about that before, and at that time you could not necessarily remember what facilities that

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_
l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q. A. QQ. A. A. A, might represent.

Page 500
Do you have any better recollection

now that I'm asking it later? 2005, we are talking about July 2005, Sterling Health Care. Well, I remember probably easier Medical

Doctors because I would not have even known it was Sterling Health Care necessarily. Do you recall where you worked for, where Medical Doctors place you in 2005, and that's the year after the article where you earned approximately $9,000? That's probably on that sheet that I supplied to you. Probably is but -I can't recall as I sit here. I've done that

already on a sheet that I supplied to you and have the hospitals on there. Have we ever used that sheet as an exhibit at your deposition? No. I believe it was an exhibit to our last

MR, BLANKENSHIP:

or previous to our last answers to interrogatories. Okay. Well, I'm sorry. I didn't find it when I It might have made things

was going through stuff. easier.

The second 10-99 in this packet of How did y TOU

Exhibit 148 is from TIVA Health Care.

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Page 501
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Q. A. Q. A. A. Q. Q. A. Q. Q. A. A. hook up with TIVA Health Care? I think they contacted me to work at a hospital. And I believe that's on that sheet also as to what I forget which hospital that was. Do you know where it was located, what state? Trying to think if it's North Carolina. I wish you

had that sheet that I prepared because it's on there. Okay. Yes. The next one is for Interim Physicians for a little over $28,000? Yes, 2005. And your memory is that TIVA contacted you?

Do you recall the facilities you worked for Interim Physicians in 2005? Well, this continued to be the same, Joey Bradshaw, the same individual I've worked with all along. where did he have me in 2005? sheet, sir. accurate. Okay. And the last one is NES Kentucky $86,000, so And

Again, it's on that

I just don't recall to be completely

a fairly substantial sum? Probably that was Lake Cumberland, Cumberland County Hospital. Okay. Forgive me if I asked you this before. Do

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1 2 3
4

A. Q.

They were representing Harley Davidson. Okay. The next 10-99 in this packet is from

Medical Doctors Associates for $7,320? A. QYes. Do you recall what facility you were working for

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

that Medical Doctors Associates placed you in 2006? A. Q. I don't recall. Well, let's look at that summary sheet -Exhibit 141, if you look at the third page. A. Q. Oh, what's the time period here '06? '06. of 2006. A. That was the end of '06, yeah. Yeah. Yeah. Hm-mmm. Yeah So that's Chinle Indian Hospital at the end sorry.

that would have been Chinle, I suspect. Q. Okay.

It appears the numbers match up from the

summary sheet to the 10-99? A. Q. Yes. The next 10-99 in that group, Exhibit 150, is from Interim Physicians 2006? A. Q. Yes. For $31,590, do you recall what facility you were working at through Interim Physicians in 2006? A. Q. 2006? Last year?

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Page 515
I

I testified regarding my treatment of him in the emergency department, and what my findings were, and I reviewed the case very thoroughly.

2 3 4 Q

Okay. I talked with the pathologist who had done pathology tests and I talked with the funeral home. What was the result of that trial? I don't recall. Dr. Patrick, if we look back at this MDA summary sheet, this is Exhibit 141.

5 A 6 7 Q 8 A 9 Q
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. A. Q. A. Q.

Oh, okay. It looks like, at least through May 23 of 2007 of this year, you had been working through Medical Doctors Associates at Chinle and Team Health, which I assume is the Troy, Alabama facility? Correct. And I add that up and it came up to about $75,000 worth of income from your work through May 23 of 2007. My question is: Whether you have continued to work at

one or both of those facilities since May 23 of 2007 of this year? The Team Health facility, the Team Health group was losing the contract at Troy, Alabama. And often a

physician like me is hired toward the end of the

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Page 582 C E R T I F I C A T E
2 3 4 5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

STATE OF OHIO COUNTY OF HAMILTON! I, Jennifer Whittaker (Davis), the undersigned, a duly qualified and commissioned Notary Public within and for the State of Ohio, do hereby certify that before giving of the aforesaid deposition, the said EDWARD PATRICK, M.D., was by me first duly sworn to depose the truth, the whole truth and nothing but the truth; that the foregoing deposition was given at the said time and place and was taken in all respects pursuant to agreement of counsel hereinbefore set forth; that the deposition was taken in stenotypy by me and transcribed into typewritten form under my supervision; that the transcribed deposition is to be submitted to the witness for his examination and for signature, and that signature may be affixed out of the presence of the Notary Public; that I am neither relative, attorney, nor employee of any party or their counsel and have no interest in the result of this pending action. IN WITNESS WHEREOF, I have hereunto set my hand and official seal of office at Cincinnati, Ohio, this
l6^ day of O AcWr~ , 2007. fr-^. U

M y commission e x p i r e s :

r-\n^rr>A , } ^ ^CA

JUNE 18, 2012

Jennifer Whittaker (Davis), CSR

aab6aab7~3b9b-425a-af47-078a843af321

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LEXSEE 1993 OHIO APP LEXIS 2440 BRITE METAL TREATING, INC., ET AL, Plaintiffs-Appellees v. GORDON SCHULER, Defendant-Appellant. NO. 62360 COURT OF APPEALS OF OHIO, EIGHTH APPELLATE DISTRICT, CUYAHOGA COUNTY 1993 Ohio App. LEXIS 2440

May 13, 1993, Announced PRIOR HISTORY: [*1] CHARACTER OF PROCEEDING: Civil appeal from Com mon Pleas Court. Case No. CV-183938 DISPOSITION: JUDGMENT: Reversed and vacated; judgment entered for defendant. ing, Inc. and Brite Metal Salt Treating, Inc. (collectively "Brite") resulting from claims of libel and malicious prosecution. Plaintiffs re covered $ 50,000 in compensatory damages on each of their claims. The jury rejected Brite's claim of trade secret conversion and a punitive damage award. Defendant claims that the trial court erred in overruling motions for directed verdicts and a new trial. Defendant also claims the damage awards were excessive. We find merit to defendant's assignments [*2] of error and reverse the judgment below for the reasons hereinafter stated. Defendant Gordon Schuler was employed by plaintiffs in the production end of their commercial heat treating business from 1963 to 1976. He rose from a production worker to shift foreman and later became plant superin tendent. He left Brite and worked as a com mercial heat treater in the Chicago area until Brite rehired him in January 1988 as Vice President of Operations. In mid-September 1988, he was laid off -- defendant Schuler says for economic reasons but Roy Curtis says he was not doing his job. There is no evidence that Schuler was subject to a non-compete agreement or any employee restrictive cove nants upon leaving Brite.

COUNSEL: FOR PLAINTIFFSAPPELLEES: Kenneth B. Baker, Esq., Javitch, Block, Eisen & Rathbone Co., L.P.A., 601 Rockwell Building, Cleveland, Ohio 44114. FOR DEFENDANT-APPELLANT: David B. Shillman, Esq., David B. Shillman Co., L.P.A., 720 Leader Building, Cleveland, Ohio 44114. JUDGES: PORTER, NAHRA, BLACKMON OPINION BY: JAMES M. PORTER OPINION JOURNAL ENTRY and OPINION PORTER, J.: Defendant-appellant, Gordon Schuler, ap peals from a jury verdict and judgment against him in favor of his former employers, plain tiffs-appellees Roy Curtis, Brite Metal Treat-

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In June 1989, with capital furnished by friends and relatives, Schuler started his own heat treating business, incorporated as AClassic Steel Treating, Inc. ("A-Classic"). He began competing with Brite. Schuler apparently developed a successful method of racking valve guide parts that eliminates distortions during heat treating. In any event, Schuler's first cus tomer was Triad Metal Products, Inc. (Triad) a long-time and largest customer of Brite. Curtis learned of this proposal [*3] to Triad and that a fabricator named James Miller Land had made equipment for Schuler that was almost identical to that Land had made for Brite. Curtis became concerned that Schuler was unfairly competing by using Brite's trade secrets. Curtis hired a private detective agency to investigate. On November 16, 1989, a private eye working for the agency, named Enrique (Rick) Bonet, gained entrance to Schuler's plant by impersonating a fire safety inspector, took numerous photographs of the equipment and layout and questioned Schuler about his opera tions. Prior to this Curtis had shown Bonet the kind of racking equipment he wanted Bonet to photograph at A-Classic's plant. After Bonet left, Schuler became suspicious and discovered Bonet's true identity and reported the matter to the Cleveland police. He learned from the in vestigating officer that Bonet's agency was working for Curtis. Schuler signed a complaint on or about November 23, 1989 describing the circumstances, naming Curtis and Bonet and stating that "I feel this will not be the last at tempt by the Curtis family to cause my busi ness to fail." The investigation by the Cleveland police and fire department personnel led [*4] to the indictment of Roy Curtis for causing theft of trade secrets, possession of criminal tools (i.e. The camera) and causing Bonet to impersonate a fire marshall. Curtis was arrested and spent the better part of a day in the County Jail with "common criminals." Bonet was also arrested and subsequently found guilty for his role in

the affair. In the course of the criminal pro ceedings, Schuler refused to allow Curtis' de fense attorney and experts into his plant to pho tograph the premises and equipment as ordered by the court in the criminal case. Conse quently, the charges against Curtis were dropped. When the indictment was originally re turned, on or about December 13, 1989, Schuler took a phone call from a Plain Dealer reporter, Don Bean. Schuler knew he was doing a story on the Curtis indictment. Schuler tape recorded his own conversation with the reporter wherein Schuler stated in response to Bean's questions: Well, before I give you any in formation, we're sorry this hap pened, and that Mr. Curtis had to go to something like this to - to cause us problems, and I really didn't want any publicity concern ing it - because I am a new com pany in business. We've only been [*5] in operation a couple of months, and I'm really not vindic tive or anything else, and when this whole thing started that we didn't know that he was behind it. And unfortunately, he was. And I guess he's going to have to take his pun ishment for what he did, but my wife and I feel that at this time we're, you know, we really don't want a whole big story and you know pictures and everything else in your paper. I realize you have to do your job, and you make a liv ing reporting. I don't know if you're going to be in contact with Mr. Curtis or not. * * *. We're sorry this happened. Yes. That Mr. Curtis has gone to something - to cause us problems, to know . . . Really . . . you know,

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to steal our business or whatever his intentions were, or whatever.

On December 16, 1989, the following headline appeared in the Plain Dealer Metro Section: "FIRM ACCUSED OF STEALING TRADE SECRETS." A rather detailed story followed describing the allegations of the indictment, quoting a Cleveland detective and fire preven tion officer and quoting Schuler as saying: "* * * we are sorry Mr. Curtis felt he had to go to such lengths to obtain our methods * * *." Once the charges were dropped, [*6] Cur tis and Brite brought this civil action against Schuler for theft of the plaintiffs' trade secrets, libel and malicious prosecution. The jury found for defendant Schuler on the trade secrets claim but for plaintiffs on the libel and malicious prosecution claims and awarded $ 50,000 on each. The court overruled defendant's motions for directed verdicts and a new trial and this appeal ensued. We will first address Assign ments of Error III and IV which chronologi cally facilitate the discussion of the issues. III. THE TRIAL COURT ERRED IN OVERRULING DEFENDANTS' MOTION FOR DIRECTED VERDICT AS TO THE VICIOUS PROSECUTION CLAIM AND IN SUBMITTING THAT CLAIM TO THE JURY. IV. THE TRIAL COURT ERRED IN OVERRULING DEFENDANTS' MOTION FOR NEW TRIAL, AS TO THE MALICIOUS PROSECUTION CLAIM. We find that plaintiffs did not offer suffi cient evidence of the essential elements of ma licious prosecution to justify submission of this claim to the jury. The trial court should have directed a verdict on the malicious prosecution claim. We start with the proposition that citizens should be encouraged to report criminal con-

duct to the authorities. Since that right may be subject to abuse [*7] by unscrupulous persons for improper reasons, the law has long allowed the tort of malicious prosecution as a private claim. The controlling principles applicable to such a claim were recently set forth in Criss v. Springfield Twp. (1990), 56 Ohio St.3d 82, 84, 564 N.E.2d 440. The tort of malicious prosecution is the right to recover damages for the harm caused to a defendant in a criminal case by the misuse of criminal actions. * * *. We re cently clarified the elements of a claim of malicious criminal prose cution in Trussell, supra. In order to prevail the plaintiff must prove the following elements: (1) malice in instituting or continuing the prosecution, (2) lack of probable cause, and (3) termination of the prosecution in favor of the ac cused. Id. The requirement of malice turns directly on the defendant's state of mind. Malice is the state of mind under which a person in tentionally does a wrongful act without a reasonable lawful excuse and with the intent to inflict injury or under circumstances from which the law will infer an evil intent. * * *. For purposes of malicious prosecution it means an improper purpose, or any purpose other than the legitimate interest [*8] of bringing an offender to justice. * * *. The finder of fact, in evaluat ing a decision to prosecute, needs to know the basis upon which the decision was made. If the basis for prosecution cannot be shown, those who made the decision will

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appear to have acted with no basis - that is, maliciously. (citations omitted).

We find after a careful review of the evi dence that there was insufficient evidence to support the malice and lack of probable cause elements of the tort. We address first the issue of probable cause because "in an action for ma licious prosecution, the want of probable cause is the gist of the action. If such be proven, the legal inference may be drawn that the proceed ings were actuated by malice." Melanowski v. Judy (1921), 102 Ohio St. 153, 131 N.E. 360, paragraph one of the syllabus. The critical inquiry then becomes whether defendant Schuler had probable cause to be lieve that Curtis had committed some kind of crime. The applicable principles have been re cently and well stated in McFinley v. Bethesda Oak Hosp. (1992), 79 Ohio App.3d 613, 616617, 607 N.E.2d 936 as follows:

accused [was] guilty of the offense with which he [was] charged" * * *'" Huber v. O'Neill (1981), 66 Ohio St.2d 28, 30, 20 O.O.3d 17, 19, 419 N.E.2d 10, 12, quoting Ash v. Marlow (1851), 20 Ohio 119, paragraph one of the syllabus; see, also, Thyen v. McKee, supra. Al though this often poses a question of fact to be resolved at trial, in an appropriate case it may be deter mined as a matter of law when the evidence provided in the record al lows for only one reasonable con clusion. See Huber v. O'Neill, su pra (directed verdict).

In an action for malicious prosecu tion, it is well settled in Ohio [*9] that a determination with respect to the absence of probable cause de pends on an examination of what facts and circumstances were actu ally known to or reasonably within the contemplation of the defendant at the time of the instigation of criminal proceedings. Melanowski v. Judy, supra at paragraph two of the syllabus. The determinative is sue is not whether a particular crime was actually committed, but whether there was "'"[a] reasonable ground of suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in the belief that the person

The burden of proof is on the plaintiff to show lack of probable cause. The [*10] fact, which is undisputed here, is that based on the facts and circumstances then known, the plain tiffs were reasonably suspected of committing a crime of some sort by sending a private detec tive through false pretenses onto defendant's property to film his plant equipment and opera tions. This information was sufficient to start a criminal investigation which led to plaintiffs' arrest and indictment. When a party is arrested and indicted by a grand jury, there is a legal presumption that the accuser had probable cause. As stated in Adamson v. May Co. (1982), 8 Ohio App.3d 266, 268-269, 456 N.E.2d 1212. Instead, the Ohio cases should be treated as establishing a legal pre sumption that the accuser had probable cause for his accusation if a bind over order or an indictment result, unless the related prelimi nary hearing or grand jury pro ceeding received perjured testi mony or was otherwise signifi cantly irregular.

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This presumption follows from the likelihood that such a tribunal finding is reliable, and the public policy to discourage lawsuits which inhibit enforcement of the criminal laws. Cf. McCormick, Evidence (2 Ed. Cleary Ed. 1972), Section 343. Absent substantial [*11] irregularities in their con duct, experience has shown these tribunals are reasonably well de vised to find whether probable cause exists for the prosecution. They are not necessarily precursors of convictions, which require a considerably higher standard of proof. Further, the public should be encouraged to assist in prose cuting apparent offenders. They may be inappropriately dissuaded from doing so by the risk and ex pense of adverse litigation, particu larly where an independent tribu nal later confirms their belief that prosecution is appropriate. (cita tions omitted).

process once he discovered Brite was behind the intrusion. Schuler did not jump to the conclusion that the private investigator Bonet was sent by Cur tis. It was the police who advised him of that fact after their initial inquiries. Searching for a motive, they then asked Schuler why Curtis would want to take pictures of his equipment. In cooperating with the police, Schuler sur mised that it was to copy his new racking method. The police and the county prosecutor took it from there: first coming up with the the ory of theft of trade secrets, use of criminal tools (the camera) and causing impersonations of a fire marshall. Schuler had nothing to do with framing the indictment or determining what charges were brought against Curtis or Bonet. Schuler never used the words "trade se cret" and didn't learn what it meant until the indictment was returned. Bonet went to trial and was found guilty of impersonating a fire inspector. Based on the entire record, we find no significant evidence that Schuler didn't have probable cause to report this matter to the po lice under the circumstances presented. [*13] We also find that there was no ele ment of malice here in the legal sense. Al though malice may be inferred from lack of probable cause, that doesn't apply here because defendant Schuler had probable cause for re porting this affair to the police. So plaintiff cannot rely on that element to prove malice. There was nothing malicious about defendant reporting to the police a matter that turned out to be a phoney fire inspector from a private de tective agency who talked his way into defen dant's plant and took pictures he had no right taking of defendant's new process. Accordingly, we find Assignment of Error III well taken and that portion of the judgment awarding damages for malicious prosecution is reversed and judgment is entered for defendant Schuler. Since this Court's ruling on Assign ment of Error III disposes of the malicious prosecution claim, there is no reason to address

Plaintiffs Curtis and Brite must overcome this legal presumption by sufficient evidence of lack of probable cause. They failed to do so. There is no question that Schuler instigated the criminal investigation by bringing this matter to the attention of the police. It is also undisputed that the plaintiffs themselves invited this risk by sending a private detective to defendant's plant under a false pretext to take photographs of defendant's new racking methods, equipment and operations. Since Schuler had developed a new racking process which was generally con sidered superior to plaintiffs', it was entirely [*12] reasonable for defendant Schuler to as sume that plaintiffs were trying to copy his new

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Assignment of Error IV which has become moot. I. THE TRIAL COURT ERRED IN OVERRULING DEFENDANT'S MOTION FOR DIRECTED VERDICT AS TO THE LIBEL CLAIM AND IN SUBMITTING THAT CLAIM TO THE JURY. II. THE TRIAL COURT ERRED IN OVERRULING DEFENDANTS' MOTION FOR NEW TRIAL, AS TO THE LIBEL CLAIM. As the [*14] previous discussion indicates, Schuler is not liable for the tort of malicious prosecution because he had probable cause to believe that a crime had been committed and there was no legal malice in his reporting the matter to the police. Curtis nonetheless claims that he was li beled by Schuler because Schuler later made defamatory remarks to the Plain Dealer re porter who called to inquire about the indict ment. We find that Curtis failed to prove that those remarks were the proximate cause of any significant injury to Curtis. It is elementary, in a defamation action, as in any other tort action, that the offensive con duct be the proximate cause of injury to the plaintiff in order to recover damages. Prosser and Keeton, Law of Torts (5th Ed. 1984) 263, 795 41, 112. As this Court stated in Celebrezze v. Dayton Newspapers, Inc. (1988), 41 Ohio App.3d 343: The entry of summary judgment in a defendant's favor is appropri ate in a libel action if it appears, upon the uncontroverted facts of record that any one of the follow ing critical elements of a libel case cannot be established with con vincing clarity. Dupler v. Mans field Journal Co. (1980), 64 Ohio St.2d 116, 18 [*15] O.O. 3d 354,

413 N.E. 2d 1187. First, there must be the assertion of a false state ment of fact; second, that the false statement was defamatory; third, that the false defamatory statement was published by defendants; fourth that the publication was the proximate cause of the injury to the plaintiff; and fifth, that the de fendants acted with the requisite degree of fault. Id. (emphasis added).

This obligation of showing that the defamation was the proximate cause of harm to the plaintiff is characterized by the requirement that actual injury result from the alleged defamatory act. Thomas H. Maloney & Sons v. E.W. Scripps Co. (1974), 43 Ohio App.2d 105, 110, 115, 334 N.E.2d 494. The actual injury, must result from the de fendant's conduct, not some other source. In the instant case, it was the Plain Dealer's pub lication regarding the indictment (Headline: "FIRM ACCUSED OF STEALING TRADE SECRETS") and the information from the in dictment, and quotes from police authorities that caused the plaintiff's embarrassment, hu miliation and anguish. 1 The publication of this kind of information was privileged because it was "the fair and impartial report of the return of [an] [*16] indictment" by the Plain Dealer,$O R.C. 2317.05. Put another way, it was not Schuler's discussions with the Plain Dealer reporter that caused plaintiff's actual injury, nor was it Schuler's comment in the ar ticle: "* * * we are sorry Mr. Curtis felt he had to go to such lengths to obtain our methods * * *" -- this told the public no more than the in dictment itself and the article about the indict ment. In other words, Schuler's statement was already subsumed in the indictment and the ar ticle about the indictment. It could not and did not cause any additional or "incremental harm." In such circumstances, the "libelous" statement

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is not the proximate cause of any actual injury to the plaintiff. The incremental harm doctrine is fully applicable as described in Masson v. New Yorker Magazine, Inc. (C.A. 9 1989), 881 F.2d. 1452, 1457-1458: Additionally, the allegedly fabri cated "intellectual gigolo" quote is non-defamatory under the "incre mental harm branch" of the "libelproof" doctrine. See Herbert v. Lando, 781 F.2d 298, 310-11 (2nd Cir.), cert. denied, 476 U.S. 1182, 106 S.Ct. 2916, 91 L.Ed.2d 545 (1986). This doctrine measures the incremental reputational harm in flicted [*17] by the challenged statements beyond the harm im posed by the nonactionable re mainder of the publication; if that incremental harm" is determined to be nominal or nonexistent, the statements are dismissed as not ac tionable." Id. (citing Simmons Ford, Inc. v. Consumers Union, 516 F.Supp. 742 (S.D.N.Y. 1981)).

1 Curtis' trial testimony indicated that his embarrassment and humiliation came from the public indictment and the article published in the Plain Dealer. (Tr. 228, 231-232). [*18] Another way of putting it is: if the quoted statement of Schuler was excised from the Plain Dealer indictment article, the oppro brium and humiliation caused the plaintiff Cur tis would have been no less. In short, Schuler's remarks to the reporter were not the proximate cause of any actual injury to Curtis. For this reason, plaintiff could not maintain a libel claim against the defendant and Schuler's mo tion for a directed verdict should have been granted. Defendant Schuler's Assignment of Error I is well taken. Assignment of Error II is moot in view of the disposition of Assignment of Error I. Reversed and vacated; judgment entered for defendant. It is ordered that appellant recover from ap pellees his costs herein expended. The Court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this Court directing the trial court to carry this judgment into execution. A certified copy of this entry shall consti tute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. NAHRA, P.J. BLACKMON, J., CONCUR. JAMES M. PORTER, JUDGE N.B. This entry is made pursuant to the third sentence of Rule [*19] 22(D), Ohio Rules of Appellate Procedure. This is an announce ment of decision (see Rule 26). Ten (10) days from the date hereof this document will be

In Simmons Ford, Inc. v. Consumers Union of U.S. (S.D. N.Y. 1981) 516 F.Supp. 742, 750, summary judgment for defendant was granted when "the portion of the article challenged by plaintiffs, could not harm their reputations in any way beyond the harm already caused by the remainder of the article." See, also, Thomas H. Maloney & Sons, supra at 118 (Manos dis senting): "Assuming arguendo that the plain tiff's reputation was injured, the injury resulted from the portion of the article which was ad mittedly true, [not the quote attributed to Mr. Maloney]." Also in Hersch v. E.W. Scripps Co. (1981), 3 Ohio App.3d 367, 376, 445 N.E.2d 670, this Court held as a matter of law that where the second statement "carries no greater opprobrium" than the first, it may not serve as the basis for an action for libel.

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stamped to indicate journalization, at which time it will become the judgment and order of

the court and time period for review will begin to run.

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LEXSEE 2007 US DIST LEXIS 77623 EMMA CAMPBELL, and TONYA GRAVES, Plaintiffs, vs. TRIAD FINANCIAL CORP., BROMBACKER & WILLIAMS ASSOCIATES, INC., and ASHLEY SHELL, Defendants. CASE NO. 5:07-CV-579 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO 2007 U.S. Dist. LEXIS 77623

October 9, 2007, Decided October 9, 2007, Filed SUBSEQUENT HISTORY: Motion denied by, Costs and fees proceeding at Campbell v. Triad Fin. Corp., 2007 U.S. Dist. LEXIS 94974 (N.D. Ohio, Dec. 12, 2007) COUNSEL: [*1] For Emma Campbell, Tonya Graves, Plaintiffs: Edward L. Gilbert, LEAD ATTORNEY, Michael J. Wright, Slater & Zurz, Akron, OH. For Triad Financial Corp., Defendant: J. Bruce Hunsicker, John W. Solomon, Vorys, Sater, Seymour & Pease - Akron, Akron, OH. For Brombacker & Williams Associates, Inc., Jordan, In her individual and official capacities now known as, Ashley Shell, Defendants: David K. Frank, Mazanec, Raskin & Ryder, Columbus, OH; Todd M. Raskin, Mazanec, Raskin, Ryder & Keller - Cleveland, Cleveland, OH. For Triad Financial Corp., Counter-Claimant: J. Bruce Hunsicker, John W. Solomon, Vorys, Sater, Seymour & Pease - Akron, Akron, OH. For Emma Campbell, Tonya Graves, CounterDefendants: Edward L. Gilbert, LEAD ATTORNEY, Slater & Zurz, Akron, OH. For Emma Campbell, Tonya Graves, CounterDefendants: Edward L. Gilbert, LEAD ATTORNEY, Michael J. Wright, Slater & Zurz, Akron, OH. JUDGES: JAMES S. GWIN, STATES DISTRICT JUDGE. OPINION BY: JAMES S. GWIN OPINION ORDER & OPINION [Resolving Docs. 120, 121, 122 & 141] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: On February 27, 2007, Plaintiffs Campbell and Graves filed a complaint alleging (1) viola tions of 42 U.S.C. 1981; (2) violations of the Fair Debt Collection Act [*2] 15 U.S.C. 1692(d); (3) violations of the Ohio Consumer Sales Practices Act O.R.C. 1345; (4) disUNITED

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criminatory credit practices O.R.C. 4112; (5) intentional infliction of emotional distress; (6) invasion of privacy; (7) breach of contract; and (8) defamation per se. [Doc. 1.] On March 26, 2007, Defendant Triad filed a counter-claim alleging breach of contract [Doc. 16]. On Au gust 20, 2007, Defendant Triad, Defendants Brombacker & Williams and Ashley Shell, both filed motion's for summary judgment [Doc. 120; 122]. On that same day, Plaintiffs Campbell and Graves filed a motion for sum mary judgment with regard to the counter claim [Doc. 121]. On August 30, 2007, Plain tiffs moved to amend their complaint to plead diversity jurisdiction. For the reasons set forth below, the Court GRANTS in part and DENIES in part both Defendants' Motions for Summary Judgment, DENIES Plaintiffs' Mo tion for Summary Judgment, and GRANTS Plaintiffs' motion to file an amended complaint. I. Background On June 29, 2005, Plaintiff Tonya Graves purchased a Chevy Classic with an installment contract from Fred Martin Chevrolet, Inc. [Doc. 1, Ex. 1]. The Retail Installment Sales Contract listed Plaintiff Graves' mother, [*3] Plaintiff Emma Campbell, as the buyer and Plaintiff Graves as the co-buyer. [Id.] To finance the purchase, Plaintiffs borrowed $ 16,568.80 and agreed to make monthly payments of $ 398.49 [Id.; Doc. 122, Ex. A]. Fred Martin assigned the installment contract to Defendant Triad Fi nancial. [Doc. 122, Ex. C]. The contract pro vided for repossession if Plaintiffs became de linquent in their payments. [Doc. 1, Ex. 1]. Plaintiff Campbell is Plaintiff Graves' mother. She signed the contract as a co-buyer. [Id.] In signing the contract, Plaintiff Campbell alleges she intended to sign as a guarantor. [Campbell Dep. 38]. Defendant Triad cites evi dence that it did not require a co-signor, and Plaintiff does not contradict this evidence. [Thompson Aff.]. The contract states that a co-

buyer is responsible for the full amount on the loan. [Doc. 1, Ex. 1]. Plaintiffs eventually fell behind in their payments. [Doc. 44]. In August and after hav ing fallen late in making payments on the note, the Plaintiffs requested an additional week to tender payment. [Campbell Dep. 48-49] Triad denied the request and insisted on payment that day. [Miller Dep. 37]. Explaining its denial, Triad says it had already given [*4] the Plain tiffs a three month grace period. [Rexroad Aff. 6]. Plaintiffs allege that Defendants then began making repeated and harassing phone calls to the Plaintiff seeking the overdue payments. De fendant Triad's employee Terri Miller called Plaintiffs at least five times between August 16 and August 31, 2006; Triad employee Crystal Salaam, called Plaintiffs at least ten times dur ing the same two week period. [Miller Dep. 22, 26, 34, 36; Salaam Dep. 22-9, 42, 44, 49-50]. Without contradictory evidence, Defendant Triad says these contacts were made to find out where the vehicle was located to allow a repos session. [Id.] Defendant Triad's records reflect an update with an alternative address for the vehicle on August 12, 2006, but the source of the updated potential location of the collateral remains unclear. [Doc. 143, Ex. 12]. Plaintiff Campbell states that on October 26, 2006, she told Defendant Triad's employee Rusty Rexroad the location of the vehicle. [Doc. 121, Ex. 3; Campbell Dep. 204; Graves Dep. 24-25; Doc. 122, Ex. A]. Rexroad denies that Campbell told him this. [Rexroad Aff.]. Plaintiffs allege that the vehicle remained at this address, cleaned out, until Defendants re possessed [*5] the car in August of 2007. [Graves Dep. 24]. Defendant Triad obtained the services of two repossession agencies in 2006 but both agencies were unsuccessful. [Rexroad Aff]. In October or November of 2006, a man and a woman came to Plaintiff Campbell's apartment at night and flashed a flashlight in her window [Campbell Dep. 269]. They informed her that

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they were there to pick up the car, but Plaintiff Campbell informed them the car was at Plain tiff Graves' address. [Id.]. Also that fall, a rep resentative from Defendant Triad called Camp bell and stated that he was calling from the sheriff's office and where he was going to file a complaint in connection with the fraud that she had perpetrated regarding the vehicle. [Camp bell Dep. 275-77]. Triad denies that Snow works for them and states an employee misrep resenting their name is grounds for dismissal. [Brooks Aff. 2]. In late 2006, a Triad em ployee, Carl Rexroad, telephoned Plaintiff Graves, and Graves states that he called her "despicable" and stated that what she was doing to her mother was a shame. [Graves Dep. 2627]. Rexroad denies saying those things to Graves. [Rexroad Aff.] In January 2007, Defendant Triad engaged Defendant Brombacker [*6] & Williams to locate the vehicle for repossession. [Doc. 122, Ex. C]. Thereafter, Defendant Triad alleges that it had no contact with Plaintiffs except the re ceipt of Plaintiffs' cease and desist letters. [Doc. 122]. Defendant Brombacker & Williams is a skip tracing company which locates motor ve hicles for clients who have a security interest in those vehicles so that their clients can repossess them. [Brombacker Aff.]. Defendant Brombacker & William makes "skip trace" telephone calls to the purchasers of the vehicle or others who may know where the vehicle is located. [Id.]. Brombacker & William employed Defen dant Shell during relevant times. [Shell Aff.] Between January 2, 2007 and February 6, 2007, Defendant Shell made several calls to try to locate the vehicle. [Id.]. Defendant Shell called numerous times in a day. [Campbell Dep. 8292]. Plaintiffs allege the calls would start in the afternoon, and continue throughout the rest of the business day. Defendant Shell called nu merous times in a day. [Campbell Dep. 82-92]. Plaintiffs further alleges that Defendant Shell

would call the emergency telephone number at both of their workplaces. [Cambell Dep. 115; Savage Aff]. Plaintiff Campbell [*7] alleges on February 6, 2007, Defendant Shell called her eight times at work, six times within a seven minute period. [Campbell Dep. 89]. De fendants continued to call, using different names and sometimes representing themselves an investigator. [Def. Shell Dep. 10, 109]. On one call, Defendants even pretended to be opening a credit card in order to garner more information. [Graves Dep. 43; Campbell Dep. 57; Brombacker Dep. 76-77]. Defendants Brombacker & Williams and Shell called Plaintiffs' friends and family to lo cate the car and in those calls allegedly accused Plaintiffs of fraud and concealment. Plaintiffs allege that Defendant Shell called Campbell's sister at her place of employment stating Campbell had committed "fraud and conceal ment" regarding her car. [Cook-Jordan Dep. 7; Meadows Dep. 8-9]. Plaintiffs also allege that Defendant Shell also told Plaintiff Campbell's co-worker that Plaintiff Campbell had commit ted fraud and concealment. [Doc. 121]. Defen dant Shell denies this. [Shell Aff.]. Further, Plaintiffs allege that Defendant Shell called Plaintiff Campbell's mother four times in one day and told her that she was going to have Plaintiffs put in jail for fraud. [Webster [*8] Dep. 5, 7]. Defendant Shell admits to telling Plaintiff Campbell's mother that Campbell was concealing the collateral vehicle but denies say ing anything about fraud. [Doc. 143, Ex. 16]. On January 9, 2007, Plaintiffs sent Defen dant Triad a cease and desist letter, and Defen dant Triad forwarded the letter to Defendant Brombacker & Williams. [Doc. 143, Ex. 3]. The letter requested Defendant Triad and its associates stop calling Plaintiffs at work and stop calling Plaintiffs' family members. [Doc. 143, Ex. 2]. Defendant Triad's employee emailed Defendant Brombacker & Williams to continue with their recovery efforts. [Doc. 144, Ex. 4]. Defendants continued to call Plaintiffs

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repeatedly, seeking to learn the location of the vehicle collateral. [Graves Dep. 110; Campbell Dep. 63; Meadows Dep. 7]. Defendant Shell alleges that Plaintiff Campbell asked her to contact her lawyer on February 6, 2007. [Campbell Dep. 103; Shell Dep. 217]. Defendant Shell states that she did so, and Campbell's lawyer told her to stop call ing Campbell. [Id.]. Plaintiffs contend that Shell continued making calls. [Shell Dep. 219]. Plaintiffs allege that Defendant Shell spoke in a "ghetto tone" and was racially inappropri ate. [*9] [Campbell Dep. 96; Graves Dep. 8]. Plaintiff Graves states that she felt belittled when Defendant Shell spoke "ghetto" to her and that she believes Defendant Shell would not have spoken to her in that manner if she was Caucasian. [Id.]. Defendant Shell also al legedly spoke in a slang tone with Plaintiff Campbell and told her that she should "handle her business." [Id.]. Defendant did not use any racial epithets. [Graves Dep. 81; Campbell Dep. 119]. Plaintiffs allege they suffered greatly from these calls. Plaintiff Campbell alleges she sometimes missed work due to the calls. [Campbell Dep. 132, 139]. She also alleges she took sick days off from work because of her headaches, nervousness, and digestive prob lems, all stemming from these calls. [Id]. Plain tiff Campbell alleges she was hospitalized on September 18, 2006 due to the stress that De fendants placed on her, but she also testified that she could not remember why she was hos pitalized. [Campbell Dep. 132-33] In contrast to her claim that Defendants' contacts caused her hospitalization, the hospital records reflect that she was hospitalized in part for moderate to severe alcohol abuse in connection with marital problems. [Campbell [*10] Dep., Ex. 6]. Further, she alleges she was unable to sleep due to anxiety, and she took Celexa, Ambien, and Lexapro for her anxiety and emotional dis tress. [Id.].

II. Legal Standard A. Amend the Complaint After a defendant files a responsive plead ing, a plaintiff may only amend his complaint by leave of the court. Fed. R. Civ. P. 15(a). A court should freely give leave to amend "when justice so requires." Id. The Supreme Court has articulated the general standard for Rule 15(a): In the absence of any declared reason -- such as undue delay, bad faith or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue preju dice to the opposing party by vir tue of allowance of the amend ment, futility of amendment, etc. -the leave sought should, as the rules require, be freely given.

Foman v. Davis, 371 U.S. 178, 182, 83 S. Ct. 227, 9 L. Ed. 2d 222 (1962). A court must ex amine the Foman factors in light of the direc tive of Rule 1 of the Federal Rules of Civil Procedure that the rules "are to be construed to secure the just, speedy, and inexpensive deter mination of every action." Fed. R. Civ. P. 1; Foman, 371 U.S. at 182. The decision whether "justice so requires" the [*11] amendment is at the district court's sound discretion. See Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 330, 91 S. Ct. 795, 28 L. Ed. 2d 77 (1971). B. Summary Judgment Summary judgment is appropriate where the evidence submitted shows "that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." FED. R. CIV. P. 56(c). The moving party has the initial burden of showing the absence of a genuine issue of material fact

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as to an essential element of the non-moving party's case. Waters v. City of Morristown, 242 F.3d 353, 358 (6th Cir. 2001). A fact is mate rial if its resolution will affect the outcome of the lawsuit. Daughenbaugh v. City of Tiffin, 150 F.3d 594, 597 (6th Cir. 1998) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 91 L. Ed. 2d 202 (1986)). The moving party meets its burden by "in forming the district court of the basis for its motion, and identifying those portions of 'the pleadings, depositions, answers to interrogato ries, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S. Ct. 2548, 91 L. Ed. 2d 265 (1986) (quot ing Fed. R. Civ. P. 56(c)). [*12] However, the moving party is under no "express or implied" duty to "support its motion with affidavits or other similar materials negating the opponent's claim." Id. Once the moving party satisfies its burden, the burden shifts to the nonmoving party to set forth specific facts showing a triable issue. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 585-86, 106 S. Ct. 1348, 89 L. Ed. 2d 538 (1986). It is not sufficient for the nonmoving party merely to show that there is some existence of doubt as to the material facts. Id. at 586. Nor can the nonmoving party "rest upon the mere allegations or denials of the adverse party's pleading." FED. R. CIV. P. 56(e). In deciding a motion for summary judg ment, the court views the factual evidence and draws all reasonable inferences in favor of the nonmoving party. National Enters., Inc. v. Smith, 114 F.3d 561, 563 (6th Cir. 1997). "The disputed issue does not have to be resolved conclusively in favor of the non-moving party, but that party is required to present some sig nificant probative evidence which makes it necessary to resolve the parties' differing ver sions of the dispute at trial." 60 Ivy Street Corp.

v. Alexander, 822 F.2d 1432, 1435 (6th Cir. 1987) (citing [*13] First Nat'l Bank of Ariz. v. Cities Serv. Co., 391 U.S. 253, 288-89, 88 S. Ct. 1575, 20 L. Ed. 2d 569 (1968)); see also Celotex, 477 U.S. at 322. Ultimately the Court must decide "whether the evidence presents sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Terry Barr Sales Agency, Inc. v. All-Lock Co., 96 F.3d 174, 178 (6th Cir. 1996) (internal quota tions omitted). III. Analysis I. Plaintiffs' motion to Amend the Complaint Plaintiffs request the Court to grant leave to amend the complaint to plead diversity jurisdic tion now that the parties had agreed to dismiss Defendant Fred Martin Chevrolet, the nondiverse party. The Court finds that allowing the plaintiff to plead diversity jurisdiction will fur ther the goal of a just and speedy determination in this case. The parties have conducted their discovery in this Court and are fully diverse. There is no reason to dismiss the state law claims only for the Plaintiffs to file here a sec ond time. The Court therefore grants Plaintiffs' motion to amend the complaint. II. Defendants' Motion for Summary Judgment The Court finds there is a genuine issue of material fact on count six: invasion into [*14] privacy on an intrusion into seclusion theory as against both defendants, and count eight: defa mation per se as against Defendants Brombacker & Williams and Shell. On all other claims, the Court grants the defendants motions for summary judgment. The Court will discuss each count as alleged by the Plaintiffs in the order as stated in their complaint, except as to the claims arising out of Fair Debt Collection Act--the Court considers those claims alto gether. Where necessary, the Court will discuss the claims against the Defendants separately,

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first considering the claim as against Defendant Triad and then turning to Defendants Brombacker & Williams and Shell. Count One -- 42 U.S.C. 1981 Plaintiffs allege that Defendants intention ally discriminated against them in the making or enjoyment of a contract. To establish a prima facie case, Plaintiffs must prove: (1) plaintiff is a member of a protected class; (2) plaintiff sought to make or enforce a contract for services ordinarily provided by the defendant; and; (3) plaintiff was denied the right to enter into or en joy the benefits or privileges of the contractual relationship in that (a) plaintiff was deprived of services while similarly [*15] situated per sons outside the protected class were not and/or (b) plaintiff re ceived services in a markedly hos tile manner and in a manner which a reasonable person would find ob jectively discriminatory.

Instead, Defendant Triad insisted on payment "that day." (Miller Depo. 37; Graves Depo. 26). Insisting on immediate payment as due un der the parties agreement, without more, is nei ther "a manner in which a reasonable person would find objectively discriminatory" nor a "markedly hostile manner." Plaintiffs allege no other facts arising [*16] out of this incident. Defendant had already allowed a three-month grace period. [Rexroad Aff. 6] The Court finds Defendant's exercise of this right was not ob jectively discriminatory, and, without more evidence, the Court cannot find a dispute as to whether Defendant Triad refused the extension of the grace period in a markedly hostile man ner. Plaintiffs also allege that Defendant Shell's conduct should be attributed to Defendant Triad despite Brombacker & William being her employer, and that Defendant Shell treated Plaintiffs in a markedly hostile manner. The Court finds below that the allegations do not rise to the level of a markedly hostile manner. See infra. For that reason, the Court does not consider Defendant Triad's liability for Shell's actions under section 1981. B. Defendants Brombacker & Williams and Shell Defendants Brombacker & Williams and Shell argue that since there was no contractual relationship or potential for one between it and Plaintiffs, they are entitled to summary judg ment on the Section 1981 [*17] claim. They further argue that the plaintiff did not receive services in a markedly hostile manner or one that a reasonable person would find objectively discriminatory. Section 1981 proscribes third party dis criminatory interference with the enjoyment of contracts, as alleged here. See, e.g., Vakharia v Swedish Covenant Hosp., 765 F. Supp 461 (N.D. Ill. 1991) (holding hospital liable under section 1981 for interfering with the formation

Christian v. Wal-Mart Stores, Inc., 252 F.3d 862, 872 (6th Cir. 2001). The Court finds that neither Defendant Triad, Defendant Brombacker & Williams, nor Defendant Shell treated Plaintiffs in a "mark edly hostile manner." As such, the Court finds Defendants are entitled to summary judgment. A. Defendant Triad Defendant Triad alleges that Plaintiffs can not show that they received services in a "markedly hostile manner." The Court agrees. Plaintiffs allege that Defendant Triad denied Plaintiffs their to enjoyment of contract when Defendant Triad refused Plaintiffs request for an additional week to tender payment to reduce the amount owed on the installment contract.

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of contracts between an anaesthesiologist and prospective patients); Kolb v. State of Ohio, Dep't of Mental Retardation and Developmen tal Disabilities, 721 F. Supp. 885, 891-92 (N.D. Ohio 1989) (finding defendant employer im mune from suit, but holding the decision-maker personally liable for the discrimination of the employer despite the lack of contract between the plaintiff and the decision-maker); Vietnam ese Fishermen's Ass'n v. Knights of the Ku Klux Klan, 518 F. Supp. 993, 1008 (S.D. Tex. 1981) (permitting a Section 1981 claim where plain tiffs complained of defendants' threats and in timidation, which interfered with their ability to make commercial arrangements with dock owners and thereby engage in the commercial fishing business). For purposes [*18] of this analysis only, the Court assumes the alleged interference prevented the Plaintiffs from en joying their rights under the contract to be treated reasonably during the repossession process, as Plaintiffs do not contest that Defen dant Triad was entitled to repossession. Nevertheless, Defendants Brombacker & Williams and Shell are entitled to summary judgment because they did not treat Plaintiffs in a "markedly hostile manner." A "plaintiff as serting a 1981 claim must prove intentional discrimination." Christian v. Wal-Mart Stores, Inc. 252 F.3d 862, 870 (6th Cir. 2001), citing Gen. Bldg. Contractors Ass'n v. Pennsylvania, 458 U.S. 375, 389, 102 S.Ct. 3141, 73 L.Ed.2d 835 (1982). In Christian, the Sixth Circuit de scribed the showing that must be made to es tablish discriminatory intent through a prima facie 1981 case in a commercial services case. The Sixth Circuit found that plaintiffs need show that they were "deprived of services while similarly situated persons outside the protected class were not and/or (b) plaintiff re ceived services in a markedly hostile manner and in a manner which a reasonable person would find objectively discriminatory." Id. Plaintiffs show no evidence [*19] that simi larly situated persons outside the protected class were treated better. Failing to show dispa-

rate treatment of Whites to establish a discrimi natory intent, the Plaintiffs need show treat ment in a markedly hostile manner that a rea sonable person would find objectively unrea sonable. Inherently, the treatment of customers in the service field is hugely influenced by the context. Discussing this same issue of fathom ing whether treatment was motivated by a dis criminatory intent, the Second Circuit de scribed the factors to be considered in deciding whether treatment was motivated by a dis criminatory intent: were the employees' actions "(1) so profoundly contrary to the manifest fi nancial interests of the merchant and/or her employees; (2) so far outside of widelyaccepted business norms; and (3) so arbitrary on [their] face, that the conduct supports a ra tional inference of discrimination." Lizardo v. Denny's, Inc., 270 F.3d 94, 102 (2d Cir. 2001). In deciding whether Plaintiffs offer suffi cient evidence that they received services in a markedly hostile manner and in a manner which a reasonable person would find objec tively discriminatory, the Court need consider Defendants actions [*20] and the context of those actions. In May 2006, Plaintiff Graves defaulted upon a note secured by a lien on the Chevrolet Malibu. Despite her default, she did not return the Malibu. Although Graves claims that she identified the location of the vehicle in October 2006, she necessarily knew that De fendant either did not receive the notification of the vehicle's location or did not understand the notice. Noone picked the collateral up and with the collateral declining in value each day, noone would fail to pick up the collateral had they understood where it was. In January 2007, Defendants Brombacker & Williams and Shell called Graves and asked for the location of the vehicle. In a large num ber of conversations, Graves refuses to provide Shell with the location of the Malibu. For ex ample in a conversation on January 29, 2007, at 1:11 PM, Shell asked Graves "where is the

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car?" Graves refuses to give the location of the car and hangs up. At 1:12 PM, Shell calls again and again asks "where's the car?" Graves hangs up. Shell calls again at 1:13 PM once again asking "where's the car?" Again, Graves does not answer Shell's request for the location of the collateral vehicle. After Graves refuses [*21] to give Shell the location of the collateral, Shell continues to call. With these calls, the Plaintiffs allege that Defendant Shell used racial undertones and slang in her attempts to locate the car. Although Plaintiff do not allege that Shell used any racial epithets, they say that Shell spoke in a "ghetto tone" and was "talking like she was black" which included saying "handle your business" "the way [black people] say it." [Campbell Dep. 96; Graves Dep. 81]. Repeating, Defen dant Shell used no racial epithets. [Graves Dep. 81, Campbell Dep. 119]. Tellingly, Defendant Ashley Shell is African-American. Plaintiffs thus say that Defendant Shell, an AfricanAmerican, acted in a markedly hostile manner by "talking like she was black", which, of course, she is. If true, the conduct alleged, does not rise to the level of "markedly hostile." See Lizardo v. Denny's, Inc., 270 F.3d 94, 102 (2d Cir. 2001) ("We can envision many circumstances where markedly hostile treatment, even in a purport edly service-oriented industry, would raise no inference of racial animus, but rather it would simply be yet another example of the decline of civility."); see also Miller v. Freedom Waffles, Inc., 3:06-cv-13217, [*22] 2007 U.S. Dist. LEXIS 13217, * 12 (W.D. Ky. Feb. 23, 2007)(noting many district courts have found that "serious examples of racially charged con duct -- usually including racial epithets -- are required to establish a prima facie case under Christian.") First, it is nowhere clear what it means to use a "ghetto tone" or to speak "like she was black." Second, the alleged treatment is not sufficiently markedly hostile, or some thing a reasonable person would find objec-

tively discriminatory. See Christian, 252 F.3d at 872. With regard to Shell's calls, all evidence suggest that she was simply trying to find the location of the Malibu. Despite repeated calls, messages and requests, Plaintiff would not give respond to Shell as to the location of the vehi cle. In this factual setting, no reasonable juror could find Defendant Shell's conduct to be suf ficiently hostile. The Court, therefore, grants summary judgment to all Defendants on Count One of the Complaint. Counts II, IX, X: Fair Debt Collection Act The FDCPA seeks to "eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively [*23] disadvantaged, and to promote consistent State action to protect con sumers against debt collection abuses." 15 U.S.C. 1692(e). To be liable under the Act, Defendants must be within the FDCPA's defini tion of "debt collectors." Section 1692a(6) defines a "debt collector" as: any person who uses any instru mentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of col lecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to col lect such debts.

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15 U.S.C. 1692a(6) "The Plaintiffs in a FDCPA action bears the burden of proving the defendant's debt collector status." Goldstein v. Hutton, Ingram, Yuzek, Gainen, Carroll & Bertolotti, 374 F.3d 56, 60 (2d Cir. 2004). Plaintiffs allege that Defendants have vio lated portions of Title 15 of the United States Code, the Fair Debt Collection Practices [*24] Act (FDCPA), including sections 1692c, 1692d, and 1692e. [Doc. 44]. The Court finds, however, that none of the Defendants in this case fit the definition of "debt collector." De fendants are therefore entitled so summary judgment on the FDCPA claims. A. Defendant Triad Defendant Triad argues it is not a debt col lector under the act because it is a creditor. Un der the FDCPA, a creditor is not liable under the Act. See Wadlington v. Credit Acceptance Corp., 76 F.3d 103, 106 (quoting Perry v. Stewart Title Co., 756 F.2d 1197, 1208 (5th Cir. 1985) (citing the legislative history of the statute). A creditor "means any person who of fers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he re ceives an assignment or transfer of a debt in default solely for the purpose of facilitating col lection of such debt for another." 1692a(4). The Sixth Circuit has concluded that a com pany assigned a loan by a car dealership, at a point in time in which it was not in default, was a creditor and not a debt collector. Wadlington, 76 F.3d at 106-107. Plaintiffs do not respond to the argument that Defendant Triad is a creditor, but they [*25] do cite evidence that an employee of De fendant Triad may have used an assumed name and called while he was at the local sheriff's office. Creditors who use names other than their own--such as a third-party name--to col lect on their own debts qualify as debt collec-

tors under the Act. [Campbell Dep. 275-77]. See 15 U.S.C. 1692a(6) ("Notwithstanding the exclusion provided by clause (F) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts.") To avoid FDCPA coverage, a creditor should use the "name under which it usually transacts business, or a commonly-used acro nym," or "any name that it has used from the inception of the credit relation." Maguire v. Citicorp Retail Servs., 147 F.3d 232, 235 (2nd Cir. 1998) citing Federal Trade Commission Statements of General Policy or Interpretation Staff Commentary On the Fair Debt Collection Practices Act, 53 Fed. Reg. 50097, 50107 (1988); Dickenson v Townside T.V. & Appli ance, Inc., 770 F. Supp. 1122, 1128 (S.D.W.Va. 1990). "The triggering of the FDCPA does [*26] not depend on whether a third party is in fact involved in the collection of a debt, but rather whether a least sophisticated consumer would have the false impression that a third party was collecting the debt." Maguire, 147 F.3d at 236. The Court, therefore, finds Triad is a credi tor under the FDCPA and is entitled to sum mary judgment on the FDCPA claims. B. Defendants Bromback & Williams and Shell B&W is a skip-tracing agency. [Brombacker Aff.]. Its purpose is to "locate personal property for its clients." Id. As skip tracers merely locate property and do not collect debts, they are not debt collectors within the meaning of the FDCPA. See, e.g., Goldstein v. Chrysler Fin. Co., 276 F. Supp.2d 687, 690 (E.D. Mich. 2003). Nonetheless, Plaintiffs claims that Defen dant Brombacker & Williams regularly engage in debt collection and, thus, are debt collectors within the meaning of the statute. See Heintz v.

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Jenkins, 514 U.S. 291, 115 S. Ct. 1489, 131 L. Ed. 2d 395 (1995). To show Defendant Brombacker & Williams is a debt collector, Plaintiffs must show Defendant collects debt as a sub stantial part of its business. Schroyer v. Frankel, 197 F.3d 1170, 1176 (6th Cir. 1999). Plaintiffs allege in their response to Defen dants' summary [*27] judgment motion that Defendant Shell called and asked Plaintiffs to pay their bills and asked about the loan, and Defendant Brombacker & Williams gave its employees bonuses for securing either repos session or payments of the debtor loans. [Doc. 144] Plaintiffs cite nothing in the record to demonstrate that Defendant Shell asked Plain tiffs to pay their bills. According to Brombacker's deposition, Brombacker & Williams awards commissions for each account success fully concluded, such as when a vehicle is re possessed. [Doc. 143, Ex. 13]. That does not show that she, her company (Brombacker & Williams), or her employees repossess vehicles or collect debt. [Id.] Rather, they receive a commission for successfully locating vehicles, or otherwise closing the accounts. This seems in keeping with typical skip-tracing activity, and does not transform the agency into debt collectors. Further, even if Brombacker & Williams repossessed vehicles that would only make them debt collectors for the purpose of 1692f(6). See Montgomery v. Huntington Bank, 346 F.3d 693, 699-700 (6th Cir. 2003)(citing Jordan v. Kent Recovery Serv., Inc., 731 F. Supp. 652, 656 (D. Del. 1990). That section governs repossessing [*28] or threatening re possession when there is no present right to possession, intention to take possession, or the property is exempt from repossession. Here, Triad had a present right to possession and an intention of taking possession. Thus, at the very least, Defendant Brombacker & Williams are not debt collectors for the purpose of the al leged violations in this case.

Because Brombacker & Williams is not a debt collector, its employee, Defendant Shell, cannot, acting within her capacity as an em ployee, be a debt collector. Since neither Brombacker & Williams nor Shell is a debt col lector, they are entitled to summary judgment as to Plaintiffs' second, ninth and tenth causes of action related to the FDCPA. Count III: Ohio Consumer Practices Act The Ohio Revised Code 1345.03 provides that "[n]o supplier shall commit an unconscion able act or practice in connection with a con sumer transaction. Such an unconscionable act or practice by a supplier violates this section whether it occurs before, during, or after the transaction." OHIO REV. CODE ANN. 1345.03(A) (LexisNexis 2007). The code de fines a consumer transaction as "a sale, lease, assignment, award by chance, or other transfer of an [*29] item of goods, a service, a fran chise, or an intangible, to an individual for pur poses that are primarily personal, family, or household, or solicitation to supply any of these things." 1345.01(A). A supplier is "a seller, lessor, assignor, franchisor, or other person en gaged in the business of effecting or soliciting consumer transactions, whether or not the per son deals directly with the consumer." ORC 1345.01(C). Defendants cite a Sixth Circuit case, inter preting the OCSPA that held: [w]hile the definition of "sup plier" under the OCSPA is sub stantially broader than the defini tion of "debt collector" under the FDCPA, the requirements of the statutes are similar . . . Thus, to de termine whether Defendants are "suppliers" under the OCSPA, this Court must ask essentially the same question that it must ask to determine whether Defendants are "debt collectors" under the

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FDCPA: Did debt collection ac tivities fall within Defendants' regular and usual course of busi ness so that they were "engaged in the business of debt collection?

repossession is not "effecting ... [the] consumer transaction." Even if Brombacker & Williams was a sup plier within the meaning of the OCSPA, the Plaintiffs would not be entitled to recovery. The OCSPA prohibits unconscionable sales practices, which include: (B) In determining whether an act or practice is unconscionable, the following circumstances shall be taken into consideration: (1) Whether the supplier has knowingly taken advantage of the inability of the consumer reasona bly to protect the consumer's inter ests because of the consumer's physical or mental infirmities, ig norance, illiteracy, or inability to understand the language of an agreement; (2) Whether the supplier knew at the time the consumer transac tion was entered into that the price was substantially in excess of the price at which similar property or services were readily obtainable in similar consumer transactions by like consumers; (3) Whether the supplier knew at the time the consumer transac tion was entered into of the inabil ity of the consumer to receive a substantial [*32] benefit from the subject of the consumer transac tion; (4) Whether the supplier knew at the time the consumer transac tion was entered into that there was no reasonable probability of pay ment of the obligation in full by the consumer;

Schroyer v. Frankel, 197 F.3d 1170, 1177 (6th Cir. 1999). Based upon the reasoning and factual back ground discussed in relation to Plaintiffs claims under the [*30] FDCPA, the Court finds that no Defendant fits the definition of "supplier." As such, all Defendants are entitled to sum mary judgment on plaintiffs claim under O.R.C. 1345. A. Defendant Triad Triad argues it is not a supplier. The Court agrees. This case seems indistinguishable from Martin v. GMAC 160 Ohio App. 3d 19, 2005 Ohio 1349, 825 N.E.2d 1138 (Ohio App. 7th Dist. 2005). In Martin, the court found that a secured lender was not the seller of the car, and the OCSPA did not apply to it. Id. at 28; see also Jenkins v. Hyundai Motor Financing Co., 389 F. Supp. 2d 961, 970 (S.D. Ohio 2005). Fred Martin assigned the Installment Contract to Triad. (Doc. 1, Ex.1). Defendant Triad did not service the Installment Contract nor collect debt on Fred Martin's behalf. (Raposo Aff., P 2.) Consequently, as an assignee of the Con tract, Triad is not a "supplier" pursuant to the OCSPA and cannot be held liable under the OCSPA. The Court therefore grants summary judgment to Defendant Triad on Count III. B. Defendants Bromback & Williams and Shell Defendants Brombacker & Williams and Shell argue that they are not in the business of "effecting or soliciting consumer transactions." The Court agrees. Defendants [*31] show that they are skip tracers, in the business of locating cars that were the subject of consumer transac tions. [Brombacker Aff.]. Locating a car for

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(5) Whether the supplier re quired the consumer to enter into a consumer transaction on terms the supplier knew were substantially one-sided in favor of the supplier; (6) Whether the supplier know ingly made a misleading statement of opinion on which the consumer was likely to rely to the consumer's detriment; (7) Whether the supplier has, without justification, refused to make a refund in cash or by check for a returned item that was pur chased with cash or by check, unless the supplier had conspicu ously posted in the establishment at the time of the sale a sign stating the supplier's refund policy.

O.R.C. 4112.021 prohibits a creditor from discriminating against a person, by refusing credit or by imposing terms and conditions on the basis of race, color, religion, age, sex, mari tal status, national origin, disability or ancestry. Plaintiffs do not allege in their complaint that Defendant Triad discriminated against Plaintiff Graves when it required a co-signor, treated Plaintiff Campbell as the primary on the loan, or required Plaintiffs to bring their ac count current with a payment that Defendants allegedly knew Plaintiffs could not afford. Plaintiffs merely state these actions discrimi nated against them in their response to Defen dant Triad's motion for summary judgment. [Doc. 143]. Plaintiff cites no case law or rele vant facts to support their [*34] contention that these actions were discriminatory. Defendant Triad cites evidence that it did not require a co-signor. [Thompson Aff.]. Plaintiffs do not cite evidence to demonstrate this is an issue of fact unresolved between the parties. Plaintiff Campbell stated she believed that it was a mistake that she had signed the contract as a co-buyer. [Campbell Dep. 36-38]. The contract that Plaintiff Campbell signed, however, listed her a co-buyer. [Doc. 143, Ex. 1] The contract defined co-buyer as a person responsible for the entire debt. [Id.] That defini tion appeared directly above Plaintiffs' signa tures. Finally, Plaintiffs fail to allege any facts or cite any law that illustrates how these actions constituted discrimination. For this reason, the Court grants summary judgment to Defendant Triad on this claim. B. Defendants Brombacker & Williams and Shell Defendants Brombacker & Williams and Shell allege they are not a "creditor" or "credit reporting agency" within the meaning of O.R.C. 4112.021. The statute states: (2) "Creditor" means any person who regularly extends, renews, or

ORC 1345.03(B). The Plaintiffs have not stated that the Defendant Brombacker & Wil liams took any actions of the nature prohibited by this section. Defendants Brombacker & Wil liams were not involved in the sale of the car and never collected any money from the Plain tiffs. Because Defendants Brombacker & Wil liams and Shell are not suppliers under OCSPA, they could [*33] not violate the OCSPA and are entitled to summary judgment under Plaintiffs' third cause of action. Count IV: Unlawful Discriminatory Prac tices in Credit Transactions The Court finds that Plaintiffs have not set forth facts or law that would allege that Defen dant Triad engaged in discriminatory practices. Further, Defendants Brombacker & Williams and Shell are not "creditors" within the defini tion of O.R.C. 4112.021. A. Defendant Triad

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continues credit, any person who regularly arranges for the exten sion, renewal, or continuation of credit, [*35] or any assignee of an original creditor who participates in the decision to extend, renew, or continue credit, whether or not any interest or finance charge is re quired. (3) "Credit reporting agency" means any person who, for mone tary fees or dues or on a coopera tive nonprofit basis, regularly as sembles or evaluates credit infor mation for the purpose of furnish ing credit reports to creditors.

that it can be considered as "utterly intolerable in a civilized commu nity," (3) that the actor's actions were the proximate cause of plain tiff's psychic injury, and (4) that the mental anguish suffered by plaintiff is serious and of a nature that "no reasonable man could be expected to endure it."

Id. Plaintiffs do not allege Defendants Brombackerer & Williams or Defendant Shell are creditors or reporting agencies within the meaning of the statute. Further, they did not respond to Defendants motion for summary judgment on this count. As such, the Court finds there is no genuine issue of material fact to show a triable issue regarding this claim. The Court grants summary judgment to Defendants Brombacker & Williams and Shell on Count IV. Count V: Intentional Infliction of Emotional Distress In order to recover on a claim of intentional infliction of emotional distress, Plaintiffs must prove four elements. (1) that the actor either intended to cause emotional distress or knew or should have known that actions taken would result in seri ous emotional distress to the plain tiff, (2) that the actor's [*36] con duct was so extreme and outra geous as to go "beyond all possible bounds of decency" and was such

Roelen v. Akron Beacon Journal, 199 F. Supp.2d 685, 696 (N.D. Ohio 2002), quoting Pyle v. Pyle, 11 Ohio App. 3d 31, 34, 11 Ohio B. 63, 463 N.E.2d 98, (1983). Conduct that is merely cruel or insensitive does not rise to the level of extreme and outrageous conduct to state a claim for intentional infliction of emo tional distress. Roelen, 199 F. Supp.2d at 696. Absent contemporaneous physical injury, compensable emotional distress must be severe and disabling. See Paugh v. Hanks, 6 Ohio St. 3d 72, 6 Ohio B. 114, 451 N.E.2d 759, para graph three of the syllabus (1983). Plaintiffs claiming severe and debilitating emotional in jury must present some guarantee of genuine ness in support of their claim, such as expert evidence, to prevent a court from granting summary judgment in favor of the defendant. See, e.g., Knief v. Minnich, 103 Ohio App. 3d 103, 108, 658 N.E.2d 1072 (Logan Cty. 1995). This [*37] Court must determine whether an alleged injury is sufficiently serious and whether defendant's alleged conduct was suffi ciently extreme and outrageous for the claim to go forward. Popson v. Danbury Local School Dist., 2005 WL 1126732, * 12 (N.D. Ohio, April 28, 2005); Kovac v. Lowe's Home Cen ters, Inc., 2007 U.S. Dist. LEXIS 37214, 2006 WL 1644336, *9 (N.D. Ohio, June 7, 2006.) The Court finds that neither Plaintiff has es tablished a sufficiently serious injury that was proximately caused by any of the Defendants. Plaintiffs' more serious injuries occurred before the outrageous conduct occurred, and their inju-

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ries from after the outrageous conduct were not sufficiently serious and debilitating. For these reasons, Defendants are entitled to summary judgment on both Plaintiffs' intentional inflic tion of emotional distress claims. A. Plaintiff Graves' Claims 1. Depression Plaintiff Graves alleges she had emotional problems, the cause of which she could not pinpoint. [Graves Depo p. 94]. The problems began in August, September, or October. [Id.] She was prescribed Zoloft. [Id.] She also testi fied she suffered sleeplessness and nervous ness. [Id.] Typically, sleeplessness and nerv ousness are not severe and debilitating. [*38] Morris v. State of Ohio, 2002 Ohio 5975, 2002 WL 31429811, *10 (Cuyahoga Cty. 2002). Depression can be a symptom of serious emotional distress. Paugh, 6 Ohio St. 3d at 78. Graves, however, attributed her depression to more than one source -- including post-partum depression, that the bank was foreclosing on her home, and the phone calls. [Graves Dep. p 95]. Plaintiff Graves took the Zoloft for ap proximately two months. [Id.] Defendant Triad argues that its actions were not the proximate cause of Plaintiff Graves de pression. The Court agrees. Graves's claim "must be based on identifiable actions of par ticular defendants, not a generally stressful situation." Kovacic v. City of Eastlake, 2005-L205, 2006 Ohio 7016, 2006 Ohio App. LEXIS 6966 (Lake Cty Dec. 29, 2006). Graves testified her depression was the result of "a combination of things" and that "[she] can't attribute all to -all the phone calls from Triad to this, but it was a combination of everything." [Graves Dep. p. 94-95]. Based on Graves' testimony, the Court finds that Graves does not sufficiently show that Defendant Triad caused her depression. As Graves' depression occurred before De fendants Brombacker & Williams and Shell became involved in [*39] this case, they did

not proximately cause her depression. See Johnson v. Lakewood Hosp., NO. 70943/71257, 1997 Ohio App. LEXIS 4016 (Cuyahoga Cty. Sept. 4, 1997) citing Dickerson v. International UAW Union, 98 Ohio App. 3d 171, 648 N.E.2d 40 (Cuyahoga Cty. 1994). 2. Psychic Injury in 2007 Graves also claims she left her job in Janu ary of 2007 and could not sleep due to the out rageous conduct. [Graves Dep. 10]. Graves tes tified, however, she also left her job because of her hours and she found another job shortly thereafter. [Id.]. In Thibodeaux v. B E & K Constr. Co., the court found where a plaintiff testified that the stress of the alleged outra geous conduct made her so physically ill she could not perform her job, and that she quit two weeks after the conduct but found a job one month later, and where she sought medical treatment after the allegedly outrageous con duct but could not recall whether the doctor had prescribed anti-depressants, the plaintiff failed to prove her injury was sufficiently serious and also failed to show that her depressed condition proximately resulted from Defendants' conduct. See Lasley v. Nguyen, --- N.E.2d ----, 2007 Ohio 4086, 2007 WL 2285130, P 20 (Ohio App. 2007)(where plaintiff had [*40] previous medical history of neck and back injuries, the plaintiff needed expert testimony to establish the injury related to the accident.) The Court finds this case similar to Thibodeaux. The plaintiff here also found an other job shortly after quitting her job; she also had sleepless nights, such that she needed the benefit of Tylenol PM. She did not find the conduct so debilitating that she missed work. Accord Rice v. Cuyahoga County DOJ, NO. 85576, 2005 Ohio 5337, 2005 Ohio App. LEXIS 4848 (Cuyahoga Cty. Oct. 6, 2005) (dif ficulty sleeping, taking a five week medical leave, but continuing work after that not suffi ciently serious); Brooks v. Lady Foot Locker, No. 22297, 2005 Ohio 2394, 2005 Ohio App. LEXIS 2281 (Summit Cty. May 18, 2005) (mi-

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graines that did not interfere with daily activi ties not sufficiently serious). For these reasons, the Court finds Plaintiff Graves has not demon strated facts to support a finding that she suf fered mental anguish that was sufficiently seri ous and of a nature that "no reasonable man could be expected to endure it." Additionally, the Court finds that Plaintiff fails to offer needed expert evidence to establish that any depressed condition resulted from Defendants acts, as opposed [*41] to other factors that ear lier led to prior depression symptoms. As stated above, the alleged outrageous conduct is not shown to be the proximate cause of Plaintiff Graves depression. Defendants Brombacker & Williams and Shell did not have any contact with Plaintiff Graves before she began taking Zoloft. Plaintiff Graves does not allege she suffered any "severe and debilitat ing" psychic injury beyond her depression. Be cause Plaintiff Graves does not show sufficient evidence to establish that Defendant Triad proximately caused Graves' depression, and because Defendants Brombacker & Williams and Shell could not have caused her psychic injury, the Court finds summary judgment ap propriate. The Court, therefore, grants sum mary judgment to all defendants on Graves' intentional infliction of emotional distress claim. B. Plaintiff Campbell's claims 1. Hospitalization Plaintiff Campbell was hospitalized on Sep tember 18, 2006 for three days [Campbell Dep. 135]. She claims this resulted from the emo tional distress Defendants inflicted on her. De fendants Brombacker & Williams and Shell had no contact with Plaintiff Campbell until January. [Brombacker Aff.]. The Court there fore considers the argument [*42] in connec tion with Plaintiff's hospitalization only in terms of Defendant Triad's motion.

Plaintiff Campbell fails to provide adequate evidence to prove raise a factual issue that De fendant Triad's conduct was the cause of her hospitalization. In Ohio, a plaintiff claiming a severe and debilitating injury must present a guarantee of genuineness in support of this claim, such as expert evidence. Knief v. Minnich, 103 Ohio App.3d 103, 658 N.E.2d 1072 (1995). Alternatively, a plaintiff may submit the testimony of lay witnesses ac quainted with the plaintiff who have observed significant changes in the emotional or habitual makeup of the plaintiff. Uebelacker v. Cincorn Systems, Inc., 48 Ohio App.3d 268, 276, 549 N.E.2d 1210 (1988). In this case, plaintiff does neither. As such, she does not show sufficient support for her claim that defendants' acts re lated to her hospitalization. The Court, there fore grants summary judgment to Defendants on this part of the claim. 2. Conduct After Hospitalization With regard to Triad's conduct that alleg edly occurred after Campbell's hospitalization, the Court does not find Plaintiff Campbell's injuries were "severe and debilitating." Plaintiff Campbell alleges she was unable to sleep due [*43] to anxiety, and she took Celexa, Ambien, and Lexapro for her anxiety and emotional distress. [Campbell Dep. 144, 210]. Plaintiff Campbell, however, continued to work. In Rice v. Cuyahoga County DOJ, the Plaintiff could not establish a sufficiently seri ous injury where he saw a psychologist due to anxiety at work, was depressed, had chest pains and knots in his stomach, had difficulty sleep ing, took a five week medical leave, was very moody, but continued to work. NO. 85576, 2005 Ohio 5337, 2005 Ohio App. LEXIS 4848 (Cuyahoga Cty. Oct. 6, 2005). That court noted Rice's continuing employment indicates that his emotional distress was not severe and debilitat ing. Id. citing Ridley v. Fed. Express, NO. 82904, 2004 Ohio 2543, 2004 Ohio App. LEXIS 2261 (Cuyahoga Cty. May 20, 2004);

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Garcia v. ANR Freight Sys., Inc., 942 F.Supp. 351, 359-360 (N.D. Ohio, 1996). The Court finds that since Plaintiff Camp bell has not shown she has had difficulty con tinuing her employment. She also fails to offer any expert testimony supporting her claim that any anxiety resulted from Defendant Triad's conduct. Finally, Campbell does not show that any mental anguish that she suffered was of a nature that "no reasonable man could be ex pected to [*44] endure it." Count VI: Invasion of Privacy "Liability [for invasion of privacy] may be predicated on an unreasonable intrusion upon the other's right to seclusion, misappropriation of another's name or likeness, unreasonable publicity given to another's private affairs, or liability under a false light theory." Haller v. Phillips, 69 Ohio App. 3d 574, 578, 591 N.E.2d 305 (1990). The Plaintiff alleges that Defen dants' conduct here falls into three categories: the unreasonable intrusion into their private affairs, public disclosure of embarrassing pri vate facts, and false light. [Doc. 44]. The Court finds that Plaintiffs have failed to show "publicity", a necessary element for both the publication of private facts and false light claims. Plaintiffs have shown a genuine issue of material fact, however, on their intrusion into seclusion claims as against both defen dants. A. Intrusion onto Seclusion The tort of unreasonable intrusion into one's private affairs requires "[o]ne who intentionally intrudes, physically or otherwise, upon the soli tude or seclusion of another or his private af fairs or concerns, is subject to the liability to the other for invasion of his privacy, if the in trusion would be highly offensive [*45] to a reasonable person." Sustin v. Fee, 69 Ohio St.2d 143, 145, 431 N.E.2d 992 (1982). Under Ohio law, one is subject to liability for intru-

sion upon seclusion "only when he has intruded into a private place, or has otherwise invaded a private seclusion that the plaintiff has thrown about his person or affairs." York v. General Elec., Co., 144 Ohio App. 3d 191, 759 N.E.2d 865 (Butler Cty. 2001). The intrusion tort is "akin to trespass in that it involves intrusion or prying into the plaintiff's private affairs." Killilea v. Sears, Roebuck & Co. 27 Ohio App. 3d 163, 166, 27 Ohio B. 196, 499 N.E.2d 1291 (1985). Creditors have "a right to take reasonable action to pursue his debtor and persuade pay ment." Housh v. Peth, 165 Ohio St. 35 (1956), P 3, 133 N.E.2d 340 of the syllabus. Extreme conduct by a creditor could be actionable where the creditor's conduct would "outrage or cause mental suffering, shame or humiliation to a person of ordinary sensibilities." Id. at P 2 of the syllabus. To make out a claim for unreason able intrusion into one's private affairs, the creditor must have mounted "a campaign to harass and torment the debtor." Id. 1. Defendant Triad If Plaintiffs' evidence is believed, Plaintiffs received persistent phone calls initiated by Triad, Triad and B&W [*46] continued those calls after the receipt of a cease and desist let ter, a Triad representative called Plaintiff Campbell regarding "fraud" stating he was at the local sheriffs' office, and a Triad representa tive also called both Plaintiffs' relatives and coworkers. In a case where Ohio recognized intrusion onto seclusion of one's private affairs, a debt collector repeatedly called the plaintiff at her home and at her work, informed her supervisor and landlord of the debt, causing the plaintiff's employer to threaten termination of her em ployment if the calls did not stop and a roomer in her boarding house to leave to escape the annoying phone calls. Housh, 165 Ohio St. at 41. In another case recognizing a claim, a creditor called debtor between forty and fifty

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times, asked if debtor was related to Rodney King, used foul language, called debtor's sister and friend at least twice informing them that a warrant had been issued for debtor's arrest, called debtor's landlord, and sent debtor's em ployer letters and faxes about the debt. King v. Cashland, 2000 Ohio App. LEXIS 3943, 991640 (Montgomery Cty Sept. 1, 2000). In both of these cases the creditor called people other than plaintiffs [*47] and informed them of the debt, the persistent phone calls were also of a different magnitude than those committed here. Both plaintiffs offer evidence that Defen dant Triad similarly called them multiple times, as well as calling their relatives and coworkers. While most of the evidence seems to point to Defendant Bromacker & Williams and Shell making such calls, Plaintiffs do cite evi dence that Defendant Triad made some of the calls. As such, the Court denies Defendant's Triad motion for summary judgment on the in trusion into seclusion claim. 2. Defendants Brombacker & Williams and Shell Plaintiff Graves alleges that Defendants Brombacker & Williams and Shell called many times a day, even after receiving cease and de sist letters, that Shell called her pretending to activate a credit card to get information, that Shell called Graves' work's emergency line, tying up the phones, that Shell contacted Graves' aunt (Campbell's sister) and stated that Campbell and Graves had committed fraud and concealment regarding the car. Defendant Shell also allegedly called Graves' grandmother and stated she would have both Campbell and Graves jailed for fraud and concealment. Plain tiff Campbell also alleges [*48] that Defendant Shell called her work and left a message re garding fraud and concealment, that "the calls would start in the afternoon and would not stop" [Meadows Dep. 7]. On February 6, 2007, Defendant Shell called Campbell at 11:15 am, 11:18 am, 11:19 am, 11:20 am, 11:21 am, 11:22 am, 2:22 pm, and 2:23 pm. [Campbell

Dep. 89]. The Court construes all facts in the light most favorable to Plaintiffs. Both Plaintiffs have shown facts that could support a jury finding Defendants had intruded onto their seclusion. The sheer number of calls, coupled with the accusations that Plaintiffs were involved in a "fraud" could intrude onto their private affairs and could be highly offen sive to a reasonable person. See Housh, 165 Ohio St. at 41; King, 2000 Ohio App. LEXIS 3943. For this reason, the court denies Defen dants Brombacker & Williams and Shell's mo tion for summary judgment on the intrusion into seclusion claim. B. Publication of Private Facts To establish a claim for invasion of privacy by publication of private facts, plaintiffs must prove five elements: (1) There must be publicity; the disclosure of a public nature, not private. 'Publicity' means commu nicating the matter to the public at [*49] large, or to so many persons that the matter must be regarded as substantially certain to become one of public knowledge as opposed to 'publication' as that term of art is used in connection with liability for defamation as meaning any communication by the defendant to a third person. (2) The facts disclosed must be those concerning the private life of an individual, not his public life. There is no liability when the de fendant merely gives further pub licity to information about the plaintiff that is already public, such as matters of public record about his birth or marriage date, or mat ters that the plaintiff leaves open to the public eye, such as kissing his spouse in public.

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(3) The matter publicized must be one which would be highly of fensive and objectionable to a rea sonable person of ordinary sensi bilities. (4) The publication must have been made intentionally, not negli gently. (5) The matter publicized must not be a legitimate concern to the public. A newspaper's publicizing 'legitimate news' ordinarily will not be actionable.

ing any communication by the defendant to a third person." Id. Plaintiffs have not alleged that Defendant Triad communicated private facts to anyone, let alone enough people to cause a matter to become [*51] public knowl edge. For these reasons, the claim of publica tion of private facts cannot survive summary judgment against Triad. 2. Defendants Brombacker & Williams and Shell Plaintiffs cannot prevail on their claim of publication of private facts against Defendants Brombacker & Williams and Shell because Plaintiffs cannot prove publicity. Plaintiffs al lege that Defendants communicated to three people (Plaintiff Campbell's mother, sister, and her co-worker) that Plaintiffs had committed "fraud and concealment." Communicating to three people individually is not enough for the matter to be regarded as "substantially certain to become one of public knowledge." Early, 130 Ohio App.3d at 342. C. False Light "In Ohio, one who gives publicity to a mat ter concerning another that places the other be fore the public in a false light is subject to li ability to the other for invasion of his privacy if (a) the false light in which the other was placed would be highly offensive to a reasonable per son, and (b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed." Welling v. Weinfeld, 113 Ohio St. 3d 464, 473, 2007 Ohio 2451, 866 N.E.2d 1051 (2007). 1. [*52] Defendant Triad The Plaintiffs' claim for false light claim fails against Triad. Plaintiffs allege that Defen dant Shell informed third parties that the Plain tiffs engaged in concealment and fraud, not Triad. Triad is not liable for actions of inde pendent contractors under Ohio law. See Pusey v. Bator, 94 Ohio St. 3d 275, 2002 Ohio 795,

Killilea v. Sears, Roebuck & Co., 27 Ohio App. 3d 163, 166-167, 27 Ohio B. 196, 499 N.E.2d 1291 (1985). 1. Defendant Triad Plaintiffs cannot prevail on a claim for in vasion of privacy by publication [*50] of pri vate facts against Defendant Triad. For a valid invasion of privacy claim, the Plaintiffs must show publicity Early v. The Toledo Blade, 130 Ohio App.3d 302, 342, 720 N.E.2d 107. Plain tiffs allege that Defendant Brombacker & Wil liams and Shell publicized the private facts. While Plaintiffs allege that Triad called their relatives and co-workers, they do not state Triad disclosed any private facts to them. Rexroad, an employee of Triad, admits to call ing Graves' grandmother but denies stating he called about a debt. [Rexroad Aff.] Plaintiffs have not pointed to any evidence in the record that demonstrates that Triad disclosed private facts. Further, Plaintiffs must prove publicity. Early, 130 Ohio App.3d at 342. "'Publicity' means communicating the matter to the public at large, or to so many persons that the matter must be regarded as substantially certain to be come one of public knowledge as opposed to 'publication' as that term of art is used in con nection with liability for defamation as mean-

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762 N.E.2d 968 (2002). Further, Campbell al leges that a Mr. Snow from Triad contacted her, claiming to be from the Summit County Sheriff's Office, and accused Campbell of fraud. Triad denies that it ever employed any person named Snow in any relation to Plain tiffs. Plaintiff Campbell does not allege that Snow gave publicity to this matter. No evi dence supports any connection between Snow and Triad. The conversation occurred between Plaintiff Campbell and Snow only. Accord ingly, the Court grants summary judgment to Defendant Triad in this claim. 2. Defendants Brombacker & Williams and Shell As discussed above, Plaintiffs have failed to show that Defendants Brombacker & Williams and Shell "publicized" a matter. To claim false light, Plaintiffs must show that Defendants "[gave] publicity to a matter concerning an other that places the other before the public in a false light." Welling, 113 Ohio St. 3d at 473. [*53] Plaintiffs have failed to do this. Count VII: Willful and Wanton Breach of an Implied Contract Term The Court finds that Defendant Triad did not breach any terms of the contract, and that Defendants Brombacker & Williams and Shell do not have a contract with Plaintiffs, nor are Plaintiffs a third-party beneficiary of a contract between the Defendants. As such, the Court grants summary judgment to Defendants on the claim for Willful and Wanton Breach of an Im plied Contract Term. A. Defendant Triad Plaintiffs allege that Defendant Triad breached their contract with Plaintiffs. Defen dant Triad agreed to comply with the laws of Ohio in Sections 3(c), 3(d), and 6 of their con tract with Plaintiffs. Sections 3(c) and 3(d) deal with repossession, which is not at issue in the case at bar. Further, Section 6 merely confirms

that "federal law and the law of [Ohio] apply to the [Installment Contract]." [Complaint, Ex. 1.]. This would have been the case regardless. Plaintiffs argue that Defendant Triad failed to comply with Federal and Ohio law in their other causes of action, and that these failures constitute a willful wanton breach of contract. The Court does not find the choice of law pro vision [*54] creates any substantive duties un der the contract. Even if it did, the Court has already found the law that Plaintiff cites does not apply to Defendant Triad. B. Defendants Bromacker & Williams and Shell Defendants Bromacker & Williams and Shell are entitled to summary judgment be cause there exists no contract between them and Plaintiffs. Plaintiffs allege that they are third party beneficiaries of the Loca tor/Repossession Services Agreement. That contract directed Brombacker & Williams to locate vehicles, such as Plaintiffs' Vehicle, for Triad. In order to be a third-party beneficiary, the contract must have been entered into "di rectly or primarily" for the benefit of that per son. Heskett v. Van Horn Title Agency, Inc., 2006 Ohio 6900, 2006 WL 3775862, at *3 (Franklin App. 2006); Sony Elecs. v. Grass Valley Group, 2002 Ohio 1614, 2002 WL 440749, at *3 (Hamilton App. 2002). The Court does not find an agreement to locate Plaintiffs' car for the purpose of repossessing it was "di rectly or primarily" for the benefit of them. If anything, it was for their detriment. Defendants are therefore entitled to summary judgment on the breach of contract claim. Count VIII: Defamation To successfully claim [*55] defamation, Plaintiffs must show: "(1) assertion of a false statement; (2) the false statement must be de famatory; (3) the false statement was published by the defendant; (4) the publication was the proximate cause of an injury to the plaintiff; and (5) the defendant possessed the required

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degree of fault." Celebrezze v. Dayton Newspa pers, Inc., 41 Ohio App.3d 343, 346-347, 535 N.E.2d 755 (1988). "Falsity is an essential ele ment to a [defamation] action; therefore, a true statement cannot provide the basis for such an action." Natl. Medic Services Corp. v. E. W. Scripps Co., 61 Ohio App.3d 752, 755, 573 N.E.2d 1148 (1989). Defamation falls into two categories, defa mation per quod or per se. McCartney v. Oblates of St. Francis deSales, 80 Ohio App.3d 345, 353, 609 N.E.2d 216 (1992). In defama tion per quod, a publication is merely capable of being interpreted as defamatory, and the plaintiff must allege and prove damages. Dodley v. Budget Car Sales, Inc., 1999 Ohio App. LEXIS 1790 (Franklin Cty. Apr. 20, 1999). If a publication consists of "(1) written statements which falsely charge the plaintiff with the commission of a crime, or (2) oral declarations which falsely charge the plaintiff with the commission of a crime involving moral [*56] turpitude which subjects the offender to infa mous punishment," it is actionable per se and the plaintiff need not show special harm; in stead, damages are presumed. Akron-Canton Waste Oil v. Safety-Kleen Oil Servs., 81 Ohio App. 3d 591, 611 N.E.2d 955 (Summit Cty. 1992). The determination of whether a state ment is slander per se or slander per quod is a question of law for the trial court. Id. The Court finds that neither Plaintiff has shown that Defendant Triad made a defamatory publication to a third party, as such, the Court grants summary judgment to Defendant Triad on the defamation claim. The Plaintiffs have, however, shown that Defendants Brombacker & Williams and Shell have made defamatory statements to third parties. As such, the Plain tiffs defamation claims against Defendants Brombacker & Williams and Shell are appro priate for trial. A. Defendant Triad 1. Plaintiff Graves

Plaintiff Graves does not allege that Defen dant Triad made any defamatory publication to a third party. Plaintiffs allege Defendant Triad called their family members but do not put forth evidence of the substance of those calls. [Raposo Aff. Ex. 1]. As such, Plaintiff Graves claim for defamation against Defendant Triad must [*57] fail. See Celebrezze, 41 Ohio App. 3d at 346. Plaintiff Graves claims that Rexroad called her "despicable" and said "it was a shame to see a daughter do that to her mother." Even if this publication had been made to a third party, it is an opinion. The Ohio Constitution Article 1, Section 11 protects opinions from defamation claims. Wampler v. Higgins, 93 Ohio St. 3d. 111, 117, 2001 Ohio 1293, 752 N.E.2d 962 (2001). In determining whether a statement is an opinion, Ohio courts use a totality of the cir cumstances test. Id. It looks to factors such as the specific language at issue; whether the statement is verifiable; the general context of the statement; and the broader context in which the statement appeared. Id. Wampler described calling somebody "despicable" as a "paradig matic statement of opinion." Id. at 126. The statement that it was a shame to see her do that to her mother was, similarly, an opinion. Thus, these alleged statements are not defamatory. 2. Plaintiff Campbell Plaintiff Campbell claims that Snow, alleg edly an employee of Triad, called her on the phone claiming to be from Triad and stating that he was at the Summit County Sheriff's Of fice. According to Campbell, Snow stated that she had committed a [*58] fraud with the Ve hicle. (Campbell Dep., 50-51.) Defendant Triad denies that a Snow worked for them. [Rexroad Aff., Miller Aff., Salaam Aff.] Apart from her own unsupported testimony, Campbell shows no evidence that any Snow worked for Triad on her case. She bears the burden of establishing some connection with Triad and she fails to sustain this burden.

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Regardless, Plaintiff Campbell has not stated defamation claim. Plaintiff Campbell does not allege that Snow said anything to any one besides her. Without publication to a third person, this claim cannot proceed. City of Stow, 96 Ohio App.3d at 73. Plaintiff Campbell al leges no other defamatory statements attribut able to Defendant Triad. B. Defendants Brombacker & Williams and Shell 1. Statement about Graves and Campbell to Cook-Jordan Defendants Brombacker & Williams and Shell called Plaintiff Graves' aunt, CookJordan. Cook-Jordan testified about the call: Q. Do you remember anything about that first phone call? A. Yes. I remember her just stating - because I can't even re member how the phone call went, you know, like how I first got on, how she even got my name or number or anything of that nature. But I do remember her stating that my [*59] sister and my niece, she was calling for fraud and conceal ment of a car, of an automobile. And see, I didn't even talk to her. Q. During the first phone call, did you ask her anything more about what she was saying? A. No. I told her I didn't know what she was talking about.

the Plaintiffs do not show any Ohio or Federal crime of concealment. As to the alleged accusa tion of fraud such a statement could constitute defamation per se. See Shepard v. Griffin Servs., No. 19032, 2002 Ohio 2283, 2002 Ohio App. LEXIS 2298 (Montgomery Cty. May 10, 2002) ("Accusations of fraud and deceit indi cate that she committed crimes of moral turpi tude.") Under Ohio law, "Defraud" means to knowingly obtain, by deception, some benefit for oneself or another, or to knowingly cause, by deception, some detriment to another." Ohio Rev. Code 2913.01(B). Depending upon the value involved, Defrauding creditors can be a felony supporting a claim of defamation per se. O.R.C. 2913.45. [*60] Thus, the statements could be defamatory as a 'fraud.' Defendants do not dispute that this was a publication to a third party. Defendants assert that the statements were substantially true, and therefore Plaintiffs are not entitled to recover. E. W. Scripps, 61 Ohio App. 3d at 755 ("'It is sufficient [in defending against a defamation action] to show that the imputation is substantially true, or as it is often put, to justify the "gist," the "sting," or the sub stantial truth of the defamation.'") quoting Prosser, Law of Torts (4 Ed. 1971), 798-799). Plaintiffs allege that they told Defendant Triad where the car was located. But Defendant show uncontested testimony that both Triad and Shell asked Graves numerous times for the Impala's location. Graves refused to provide the loca tion. Any statement by Shell that Graves con cealed the Impala were substantially true. Plaintiffs defamation claim regarding the de scription of them as concealing the location of the Impala fails. Defendants do not deny that Brombacker & Williams employee Shell used the word fraud in speaking with Graves' aunt, Cook-Jordan. Because Defendants may have accused Plain tiffs of committing fraud, there remains a genu ine [*61] issue of material fact as to whether

[Cook-Jordan Dep. 6-7]. Defendants assert that Shell did not use the word fraud. The Court ex amines the evidence in the light most favorable to the Plaintiffs. Regarding any use of the term concealment, the Court does not find that defamatory. First,

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the statements to Cook-Jordan constituted defa mation per se. Defendants further argue that the statements could be innocently construed, thus saving them from liability. Krems v. University Hospi tal of Cleveland, 133 Ohio App. 3d 6, 726 N.E.2d 1016 (Cuyahoga Cty. 1999). Defen dants fail to describe what innocent construc tion could be given the description of Plaintiffs as committing a fraud. As such, the Court does not find the statement subject to that savings rule. The statement cannot be construed as an opinion. To determine whether the statement was an opinion under Wampler, the Court con siders the specific language at issue; whether the statement is verifiable; the general context of the statement; and the broader context in which the statement appeared. Wampler, 93 Ohio St. 3d at 117. In this case, the specific language is unclear. From the context and the fact that the statement was readily verifiable, however, the Court finds the statement was not an opinion. Had Plaintiffs engaged in fraud or concealed something, it would be verifiable. The fact that Defendants are arguing truth re garding the concealment statement suggests that they will attempt to verify [*62] it. 2. Statements about Plaintiffs Campbell and Graves to Webster Plaintiffs show evidence that Defendant Shell called Campbell's mother, Katie Webster, and accused Campbell and Graves of fraud and stated that she would have them put in jail. [Webster Dep. 5, 7]. As discussed above, this could be defamation per se. As such, there is a genuine issue of material fact, and the Court denies the Defendants' motion for summary judgment. 3. Statements About Plaintiff Camp bell to Meadows Plaintiffs also say that Defendants made statements to Meadows, a co-worker of Plain tiff Campbell, that implied that Plaintiff Camp bell was involved in fraud and concealment.

[Meadows Dep. 8-9, 20]. As this statement was not published about Plaintiff Graves, the Court grants summary judgment to Defendants as to Graves' defamation claim regarding the state ment to Meadows. As discussed above, this evidence raises a genuine issue of material fact such that Plaintiff Campbell's defamation claim about the statement defendants made to Mead ows must proceed to trial. III. Plaintiffs' Counterclaims The Court finds the Defendant Triad has shown genuine issues of material fact on its breach of contract counter-claim but the [*63] repossession claim is moot. Breach of Contract A contract is a promise or a set of promises that the law will enforce either by remedying a breach or recognizing a duty. Ford v. Tandy Transp. Inc., 86 Ohio App.3d 364, 380, 620 N.E.2d 996 (1993). Proof of the existence of a contract requires: (1) an offer, (2) an accep tance, (3) a meeting of the minds or agreement, (4) an exchange of consideration, and (5) cer tainty as to the essential terms of the contract. Nilavar v. Osborn, 137 Ohio App.3d 469, 738 N.E.2d 1271 (2000). To show a breach of contract, counter-claim plaintiff must demonstrate: (1) the terms of the contract, (2) performance by the counter-claim plaintiff of its obligations, (3) the breach by the counter-claim defendant, (4) damages, and (5) consideration. American Sales, Inc. v. Boffo, 71 Ohio App. 3d 168, 593 N.E.2d 316, 321 (Ohio App.1991). Counter-claim Plaintiffs have done so here. Plaintiff Campbell signed the contract as a cobuyer. She says she intended to sign as a guar antor, but the contract she signed clearly de scribed her as a co-buyer and stated she would be liable for all of the debt in clear language directly below where she signed. [Doc 1, Ex. 1]. Campbell does not allege fraud or duress.

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Campbell signed the Defendant's [*64] pro posed offer. A meeting of the minds is most often shown by a signed offer and acceptance. Cuyahoga Cty. Hospitals v. Price, 64 Ohio App.3d 410, 416, 581 N.E.2d 1125 (1989). A meeting of the minds existed. Plaintiffs also argue that Defendants vio lated the Fair Debt Collection Practices Act. Plaintiffs do not explain how this alleged viola tion has any bearing on the breach of contract counter-claim. The Court decides it does not. Repossession Defendants have repossessed the car at is sue. Defendants therefore acknowledge this

claim is moot. [Doc. 142] As such, the Court dismisses it. IV. Conclusion In conclusion, the Court hereby GRANTS in part and DENIES in part Defendants' and Plaintiffs' Motions for Summary Judgment, and GRANTS Plaintiffs' motion to file an amended complaint. IT IS SO ORDERED. Dated: October 9, 2007 s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE

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LEXSEE 1994 US APP LEXIS 34303 H. GARRETT FREY, Plaintiff-Appellant, vs. MULTIMEDIA, INC., and MULTIMEDIA ENTERTAINMENT, INC., DefendantsAppellees. No. 93-4006 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 1994 U.S. App. LEXIS 34303; 23 Media L. Rep. 1218

December 2, 1994, FILED NOTICE: [*1] NOT RECOMMENDED FOR FULL-TEXT PUBLICATION. SIXTH CIRCUIT RULE 24 LIMITS CITATION TO SPECIFIC SITUATIONS. PLEASE SEE RULE 24 BEFORE CITING IN A PROCEEDING IN A COURT IN THE SIXTH CIRCUIT. IF CITED, A COPY MUST BE SERVED ON OTHER PARTIES AND THE COURT. THIS NOTICE IS TO BE PROMINENTLY DISPLAYED IF THIS DECISION IS REPRODUCED. SUBSEQUENT HISTORY: Reported in Table Case Format at: 42 F.3d 1388, 1994 U.S. App. LEXIS 39175. PRIOR HISTORY: ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO. District No. 90-00852. Weber, District Judge. DISPOSITION: AFFIRMED. PER CURIAM. Plaintiff-appellant, H. Garrett Frey, appeals the order of the district court denying his motion for judgment as a matter of law or, in the alternative, his motion for a new trial in this diversity action for liable which plaintiff brought against defendantappellee, Multimedia, Inc. I. In April 1989, the financial empire of Charles H. Keating, a former Cincinnatian, col lapsed. A number of Cincinnati investors had purchased stocks and bonds in Keating's American Continental Corporation ("ACC") through Queen City Securities Corporation, owned and operated by plaintiff Frey. The Sis ters of Charity of Mt. St. Joseph, Ohio, was one of these investors. Plaintiff [*2] Frey was a long-standing member of the Investment Committee which the Sisters of charity had or ganized to give them investment advice. On the eleven p.m. news broadcast on De cember 12, 1989, Steve Forest, a reporter for WLW-T, Channel 5, a television station owned and operated by defendant Multimedia, re ported about the loss of the Sisters of Charity. During the course of the broadcast, plaintiff

JUDGES: BEFORE: KENNEDY, CONTIE, and SUHRHEINRICH, Circuit Judges. OPINION

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alleges that Steve Forest defamed him by stat ing that as the head of Queen city Securities, he may have been "responsible for making [an] investment [for the Sisters of $ 440,000 in ACC bonds] single handedly," and that he may have "bypassed the religious order's financial advi sory committee in the process." Forest also re ported that he had a source who said that "the purchase was presented to the committee [by Frey] as a fait accompli, a done deal." On December 11, 1990, plaintiff filed a complaint in the United States District Court for the Southern District of Ohio, based on di versity, alleging that these statements about him were false and defamatory and were pub lished negligently and/or recklessly. During the trial, it was established that Queen City Securi ties purchased the ACC bonds [*3] for the Sis ters when a trade was put through on May 6, 1986. On May 7, 1986, Frey met with the In vestment Committee to discuss the purchase of the bonds. Following the conclusion of all the evidence, the jury returned a verdict for defen dants, finding that Frey failed to prove by clear and convincing evidence that the broadcast was false. On February 12, 1993, defendant filed a motion for judgment as a matter of law or, in the alternative, a motion for a new trial. The district court found that the May 6, 1986 con firmation slip of the sale of the bonds to the Sisters of Charity provided the jury with rea sonable grounds for finding that plaintiff Frey had failed to prove by convincing evidence that the broadcast was false. Plaintiff timely filed this appeal. II. A judgment as a matter of law may not be granted unless reasonable minds could not dif fer as to the conclusions to be drawn from the evidence. The evidence Bust be viewed in the light most favorable to the party against whom the motion is made, drawing all reasonable in ferences from the evidence in his favor. There-

fore, in the present case we must first determine whether when considering all evidence in the light most favorable [*4] to defendants, rea sonable minds could only conclude that plain tiff met his burden of proving all the elements of his defamation claim. Collins v. United States, 848 F.2d 740, 742 (6th Cir. 1988) (per curiam). After a careful review of the evidence pro duced at trial, we have determined that a rea sonable juror could conclude that plaintiff did not fleet this burden. The broadcast never said that the Sisters were forced to accept or keep the investment made by Frey. The broadcast indicated instead that when Frey lade the in vestment in the ACC bonds, he did it before he obtained approval and bypassed the religious order's financial advisory committee in the process, which was not the ordinary procedure. There was substantial documentation in the re cord to indicate a purchase of the bonds by Queen City Securities for the Sisters of Charity on May 6, 1986 prior to the meeting held on May 7, 1986 when the Investment Committee discussed whether the bonds should be pur chased or not. Although at trial, Frey testified that his nephew Trey Knollman, an officer of Queen City Securities, must have made a mis take and put the May 6, 1986 purchase through accidentally, [*5] he presented no other evi dence that the mistake occurred as he alleged. If the purchase was made on May 6, 1986 be fore obtaining the approval of the Investment Committee, there was substantial evidence to indicate that this purchase was not made ac cording to ordinary procedures whether the In vestment Committee members knew about it or not. Also if the purchase was made the day be fore approval, it was in fact a "done deal" at the time it was presented to the Investment Com mittee. The news reporter stated that the source had said that the purchase was presented as a fait accompli, which the jury could reasonably believe was true, because the evidence indi cated that, in fact, the purchase was a fait ac compli.

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Thus, when the evidence is construed in de fendants' favor, we believe there was a legally sufficient basis for a reasonable juror to con clude that Frey failed to prove the falsity of the Multimedia Broadcast by clear and convincing evidence. The district court is affirmed on this issue. III. After deliberating for about three hours, the jury asked the court the following questions: "Did Garrett Frey have to prove the whole broadcast false, or just a part? Is Channel 5 re sponsible [*6] for the quote from the source?" The court answered the jury's question as fol lows: Please consider all of the legal evidence in the entire instructions of law to answer your questions. Additionally, please refer to the definition of falsity, page 21, and the definition of unreasonably failed to attempt to discover, page 22 of the charge.

IV. Plaintiff finally contends that the district court erred in its decision denying his motion for in camera inspection of unredacted docu ments. Plaintiff had requested the production of documents from defendants seeking to inspect all "documents, memoranda, notes, . . . and all other data compilations, writings [*7] and re cordings which relate to H. Garrett Frey, Charles Keating, American Continental Corpo ration, and Lincoln Savings and Loan" in their possession and control which were prepared during the period January 1, 1989 to the time of the request. After reviewing ORC 2739.04, which "arm[s] radio and television news reporters with an absolute privilege to protect the iden tity of their informants in any judicial proceed ing," State v. Geis, 2 Ohio App. 3d 258, 263, 441 N.E.2d 803 (1981) (emphasis added), we do not believe the district court abused its dis cretion in determining that Multimedia should be allowed to submit its documents for in cam era inspection in redacted form in which the identity of the confidential source would be de leted. In the present case, the district court was concerned whether providing information about the identity of sources, including address and telephone numbers, could result in the informa tion becoming part of a public record or could be argued to constitute some sort of waiver of the confidentiality of the source's identity. The district court did not abuse its discretion in re gard to this issue and is [*8] affirmed. V. The judgment of the district court is AFFIRMED.

To determine whether reversal on the basis of prejudicial jury instructions is appropriate, the court must consider whether the instruc tions as a whole provide the jury with sufficient guidance concerning the issues to be tried. Teal v. E.I. DuPont de Nemours & Co., 728 F.2d 799, 802 (6th Cir. 1984). We believe that in the present case the jury instructions to which the district court referred the jury clearly informed the jury of the relevant considera tions. The district court is affirmed on this is sue.

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LEXSEE 180 COLO 232 Lawrence D. Gomba v. Harold McLaughlin No. C-203 Supreme Court of Colorado 180 Colo. 232; 504 P.2d 337; 1972 Colo. LEXIS 683 December 18, 1972, Decided SUBSEQUENT HISTORY: hearing Denied January 8, 1973. [***1] Re [*234] [**337] Certiorari was granted in this case to review the decision of the Court of Appeals, 30 Colo. App. 315, 493 P.2d 684, af firming the granting of respondent McLaugh lin's motion for a summary judgment by the trial court in a libel action brought against Gomba, the petitioner here. We disagree and therefore reverse. I. The central issue is whether there was a genuine issue of fact which should have been resolved by the jury. R.C.P. Colo. [**338] 56(c). Gomba, defendant in the trial court, ad mitted writing and publishing the letter which contained the [***2] statement found by the trial court to be libelous per se. However, he claims that the statement was true, or, at least, substantially true, and as such was an absolute defense to libel. An abridged statement of the facts is neces sary in order to better understand the discussion of the law. The plaintiff, defendant, and Mrs. Brown, to whom defendant wrote the letter, and the three individuals to whom copies of the let ter to Mrs. Brown were sent, are all dog fanci ers and together are members of several dog clubs. There had existed for several years an underlying friction among some members of the clubs.

PRIOR HISTORY: Certiorari to the Colo rado Court of Appeals. DISPOSITION: Reversed.

SYLLABUS Certiorari to review decision of the Court of Appeals, 30 Colo. App. 315, 493 P.2d 684, af firming the granting of plaintiff-respondent's motion for summary judgment by trial court in a libel action brought against defendantpetitioner. COUNSEL: Kaufman, Greenwald and Machol, P.C., Jack Greenwald, for petitioner. Victor E. DeMouth, Robert C. Floyd, for re spondent. JUDGES: En Banc. Mr. Justice Kelley deliv ered the opinion of the Court. Mr. Justice Erickson does not participate. OPINION BY: KELLEY OPINION

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Mrs. Brown wrote an accusatory letter to Gomba which provoked the statement giving rise to this litigation. In Gomba's letter in re ply, he said: ". . . it was certainly never in such poor taste as the ringside bickering which you inflict upon your poor husband at every show, nor as devastating as the action taken by Mr. McLaughlin at Cheyenne a few years back when he bodily assaulted an elderly gentleman in the show ring." (Emphasis added.) McLaughlin denied that he had ever as saulted an elderly gentleman at Cheyenne or anywhere else. So far as the record discloses, [***3] it was true that he had not assaulted anyone at [*235] Cheyenne. However, al though McLaughlin denies it, pretrial discovery indicates that he did assault a gentleman from Cheyenne at a dog show held near Brighton, Colorado. The Court of Appeals, in resolving the question of fact in reference to the "truth is a defense" issue, stated: "The trial court found, and we agree, that as a matter of law, proof that McLaughlin com mitted an assault near Brighton, would not sup port a defense of truth." In a dissenting opinion, Judge Dufford called attention to Article II, Section 10 of the Constitution of Colorado, relating to freedom of speech. It bears directly on the problem be fore us. So far as directly material, it reads: ". . . and in all suits and prosecutions for li bel the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact." The right to assert "the truth thereof" is a constitutional right and, if established to the satisfaction of the finder of fact, is an absolute defense to a libel action. The factual context here raises the question of whether "the truth thereof" must be proven to be [***4] absolute and literal in every detail, or whether it is suffi-

cient to show that the "gist" or the substance of the asserted defamatory statement constitutes "the truth thereof." It may be true that McLaughlin did in fact assault an elderly person in the show ring, al though it occurred near Brighton to a man from Cheyenne, rather than at Cheyenne. If so, the alleged defamatory assertion was accurate as to the assault on an elderly man at a dog show. That is the conduct which relates to the deroga tory character trait of the person alluded to and would constitute the "gist" of the alleged defa mation of character. The odium associated with the alleged act is equally as despicable whether the assault occurred in Cheyenne or near Brighton. Geographical discrepancy alone is immaterial when the proper legal test is ap plied to determine the truth as it relates to the alleged defamatory statement. These are ques tions to be determined by the fact finder. Truth is an absolute defense in a libel ac tion, [*236] whether civil or criminal. Colo. Const., art. II, 10; Brown v. Barnes, 133 Colo. 411, 296 P.2d 739 (1956); C.R.S. 1963, 52-1-26; C.R.S. 1963, 40-8-12. [***5] While it is true that initially courts required proof of the literal truth of the entire statement, Swann v. Rary, 3 Ind. (Blackf.) 298 (1833), Colorado, as early as 1890, recognized the injustice in the literality requirement and impliedly approved the [**339] defense of truth where the "mate rial" elements of the alleged defamation were true. Republican Publishing Co. v. Mosman, 15 Colo. 399, 24 P. 1051 (1890). The trend of the law is toward the recognition of substantial rather than absolute truth as a defense to alleg edly libelous statements. Prosser, Law of Torts 798 (4th ed. 1971) and cases cited therein. Common sense dictates a relaxation of the strictness of the old rule, and we now formalize the rule which should be followed in Colorado: A defendant asserting truth as a defense in a libel action is not required to justify every word of the alleged defamatory matter; it is sufficient if the substance, the gist, the sting, of the matter

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is true. Heuer v. Kee, 15 Cal.App.2d 710, 59 P.2d 1063 (1936); Prosser, Law of Torts, su pra. The question, a factual one, is whether there is a substantial difference between the allegedly libelous statement [***6] and the truth; or stated differently, whether the statement pro duces a different effect upon the reader than that which would be produced by the literal truth of the matter. This rule was recognized by the court's committee on Civil Jury Instructions, wherein it promulgated this instruction on "Affirmative Defense -- Truth": "If you find that the defendant (name), pub lished the alleged words, or words substantially similar thereto, and that these words defamed the plaintiff (name), then you must consider whether or not the words were substantially true. Substantial truth is an absolute defense. The burden is on the defendant to prove that the publication was substantially true." (Emphasis added.) Colo. Jury Instructions, 22:10. See also Turnbull v. Herald Company, 459 S.W.2d 516 [*237] (Mo. App. 1970); Heuer v. Kee, supra. II. Ancillary to the central issue discussed un der I. above is one relating to the application of R.C.P. Colo. 37(c) under the circumstances of this case. The petitioner assigned error to the court's ruling denying his motion for expenses and attorney's fees under R.C.P. Colo. 37(c). Under this rule as it existed prior to April [***7] 1, 1970, the party requesting the admis sions was entitled to the reasonable expenses incurred in proving the truth of the fact, unless the court found that there were good reasons for the denial or that the admissions sought were of no substantial importance. The court justified its denial of Gomba's motion on the basis that the evidence in support of the alleged assault by McLaughlin near Brighton was im-

material and inconsistent with the entry of the summary judgment. To resolve this issue we must determine whether the basis for the court's ruling consti tuted adequate reasons therefor or whether the admissions sought to be established were of "no substantial importance." As noted above, evidence of the truth of any allegedly libelous statement is admissible. Colo. Const. art. II, 10. Such evidence is allowable even where the libel is per se, Rocky Mountain News v. Fridborn, 46 Colo. 440, 104 P. 956 (1909); or where the publication is admittedly false. Re publican Publishing Co. v. Mosman, supra. We further note the relevance of C.R.S. 1963, 52-1-26, which provides: "In an action for libel or slander the defen dant, in his answer, may allege both the truth of the [***8] matter charged as defamatory and any mitigating circumstance to reduce the amount of damages; and whether they prove the justification or not, he may give the evi dence of mitigating circumstances." Taking this statute and the constitutional language of article II, section 10, together, it is clear that the law requires that the defendant in a libel action be allowed to put in any evidence which is material to proof of justification or [*238] which tends to mitigate the damages. Since the evidence, the marshalling of which created [**340] the expenses, was admissible, the trial court erred in not awarding to defen dant the reasonable expenses and attorney's fees incurred in disproving the plaintiff's denial of the fact of the Brighton assault. III. The Court of Appeals in part IV. of its opinion noted that Gomba alleged error on the part of the trial court in granting the summary judgment because defendant's statement was a conditionally privileged communication. The Court of Appeals declined to consider the point because it was not raised in Gomba's answer

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nor assigned as error in his motion for a new trial. In view of the fact that this case is being reversed on other [***9] grounds, we, too, elect not to consider the issue at this time. However, on remand the defendant shall have the right to amend his answer if he so desires,

thereby permitting this issue to be litigated in the trial court. C.R.C.P. 15. The judgment of the Court of Appeals is reversed and the cause is remanded for further proceedings not inconsistent with the views herein expressed.

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LEXSEE 40 NY2D 415 Samantha James, Respondent, v. Gannett Co., Inc., Appellant [NO NUMBER IN ORIGINAL] Court of Appeals of New York 40 N.Y.2d 415; 353 N.E.2d 834; 386 N.Y.S.2d 871; 1976 N.Y. LEXIS 2900 June 4, 1976, Argued July 13, 1976, Decided PRIOR HISTORY: 47 AD2d 437. James v Gannett Co., plaintiff sold her time to lonely old men is not libelous, since possibility of prostitution is negated by further statement that her role was only to "sit with him and be nice to him" -- plaintiff's co-operation in interview was affirmative step to attract public atten tion and, since she welcomed publicity con cerning her performances, plaintiff is public figure with respect to accounts thereof -plaintiff showed no facts indicating that de fendant newspaper acted maliciously; re fusal to allow plaintiff to review material does not constitute malice, since any re quirement of review would impose censor ship inconsistent with free press, and there is no duty of inquiry absent reason to doubt accuracy of report or competence of re porter. 1. In context, the sentence "Men is my business", published in a newspaper interview with plaintiff, a professional belly dancer, is not reasonably susceptible to a defamatory inter pretation. The thrust of the paragraph as a whole is that men attend plaintiff's perform ances, and the statement does not as a matter of law impute unchastity to plaintiff. 2. A statement that plaintiff sold her time to lonely old men is not libelous, since the possi bility of prostitution is negated by the further statement that her role was only to "sit with

Appeal, by permission of the Appellate Di vision of the Supreme Court in the Fourth Judi cial Department, from an order of said court, entered April 23, 1975, which (1) reversed an order of the Supreme Court at Special Term (Marshall E. Livingston, J.), entered in Monroe County, granting a motion by defendant for summary judgment, and (2) denied said mo tion. The following question was certified by the Appellate Division: "Was the order of this court entered April 23, 1975 properly made?" DISPOSITION: Order reversed, with costs, and the order of Supreme Court, Monroe County, reinstated. Question certified an swered in the negative.

HEADNOTES Libel and slander -- charge of prostitu tion -- public figure -- sentence "Men is my business", published in newspaper interview with plaintiff belly dancer is not in context reasonably susceptible to defamatory inter pretation, since thrust of entire paragraph is that men attend plaintiff's performances, and statement does not as matter of law im pute unchastity to plaintiff -- statement that

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him and be nice to him". Whether a statement that a woman sold her time to men charges prostitution depends upon the services per formed, and publication alleges nothing more than the sale of companionship. 3. Plaintiff's co-operation in the interview was an affirmative step to attract public atten tion, and, since she welcomed publicity con cerning her performances, she is a public figure with respect to newspaper accounts thereof. 4. No facts were shown which indicate that the defendant newspaper acted maliciously. The refusal of the reporter to allow plaintiff to review the interview, notes, article and pictures does not constitute malice, since a requirement of review would impose a form of censorship inconsistent with a free press or practicality. There is a duty of inquiry only when a pub lisher has reason to doubt the accuracy of a re port or the reporter, and no statement in the re port would arouse the suspicions of a careful publisher, nor is there any indication that the reporter was incompetent or had any reason to submit a false account. COUNSEL: John B. McCrory for appellant. I. The two statements of which complaint is made are not libelous, and they cannot be made libelous by strained innuendo. ( Tracy v Newsday, Inc., 5 NY2d 134; Bordoni v New York Times Co., 400 F Supp 1223; Heaphy v Westchester Rockland Newspapers, 47 AD2d 922.) II. Con stitutional qualified privilege or conditional privilege is a defense to libel. ( New York Times Co. v Sullivan, 376 U.S. 254; Gertz v Robert Welch, Inc., 418 U.S. 323; Curtis Pub. Co. v Butts, 388 U.S. 130; Rosenbloom v Metromedia, Inc., 403 U.S. 29; Kent v City of Buffalo, 29 NY2d 818; Trails West v Wolff, 32 NY2d 207; Twenty-Five East 40th St. Rest. v Forbes, Inc., 37 AD2d 546, 30 NY2d 595; Washington v New York News, 37 AD2d 557; Vinci v Gannett Co., 71 Misc 2d 146; Schwartz v Time, Inc., 71 Misc 2d 769.) III. Specialized rules and a specially applicable body of law

have developed within the context of the libel defense of constitutional qualified privilege. ( New York Times Co. v Sullivan, 376 U.S. 254; Garrison v Louisiana, 379 U.S. 64; Henry v Collins, 380 U.S. 356; Rosenblatt v Baer, 383 U.S. 75; Time, Inc. v Hill, 385 U.S. 374; Curtis Pub. Co. v Butts, 388 U.S. 130; Beckley News papers v Hanks, 389 U.S. 81; St. Amant v Thompson, 390 U.S. 727; Greenbelt Pub. Assn. v Bresler, 398 U.S. 6; Monitor Patriot Co. v Roy, 401 U.S. 265.) IV. Plaintiff is a public figure, subject to the New York Times standard of constitutional qualified privilege. ( Spahn v Julian Messner, Inc., 18 NY2d 324; Curtis Pub. Co. v Butts, 388 U.S. 130; Garfinkel v TwentyFirst Century Pub. Co., 30 AD2d 787, 22 NY2d 970; Fotochrome, Inc. v New York Herald Tribune, 61 Misc 2d 226; Cera v Gannett Co., 47 AD2d 797.) V. Plaintiff's denial of reliance upon any claim or evidence of actual malice is dispositive. VI. Plaintiff's simple denial that she made the two statements attributed to her does not constitute the affirmative evidence necessary to meet the constitutional standard of "clear and convincing proof." ( Monitor Patriot Co. v Roy, 401 U.S. 265.) Charles O. Baisch and Charles A. Schiano for respondent. I. As a matter of New York law, under the facts and circumstances herein, the court below properly reversed the decision of the Special Term, Supreme Court, Monroe County, granting defendant-appellant's motion for summary judgment. ( Gates v New York Re corder Co., 155 NY 228; Roberts v Pratt, 174 Misc 585; Conner v Niemiec , 25 AD2d 857; Wildstein v New York Post Corp., 40 Misc 2d 586, 24 AD2d 559; Raffa v Shilbury, 24 AD2d 814; Glick & Dolleck, Inc. v Tri-Pac Export Corp., 22 NY2d 439; New York Times Co. v Sullivan, 376 U.S. 254; Eagan Real Estate v McGraw, 40 AD2d 299.) II. The First Amend ment guarantee of freedom of the press does not, under the facts and circumstances prevail ing herein, mandate the granting of summary judgment to defendant-appellant. ( Rosen-

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bloom v Metromedia, Inc., 403 U.S. 29; Gertz v Robert Welch, Inc., 418 U.S. 323; New York Times Co. v Sullivan, 376 U.S. 354; Evans v Lawson, 351 F Supp 279; Cantrell v Forest City Pub. Co., 419 U.S. 245.) JUDGES: Jasen, J. Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur. OPINION BY: JASEN OPINION [*417] [**836] [***873] Plaintiff Samantha James is a professional belly dancer whose cabaret performances have placed her figure in the public spotlight. Her pursuit of this exotic specialty aroused a certain public curiosity and prompted the publication of a fea ture article about her life and trade, complete with photographs, in defendant's Rochester newspaper. The plaintiff complains that two sentences of this article libeled [*418] her and has sued for damages. Special Term granted defendant's motion to dismiss the complaint. The Appellate Division, two Justices dissent ing, reversed and directed a trial on disputed issues of fact. (47 AD2d 437.) We conclude that the sentences complained of are not rea sonably susceptible to any defamatory interpre tation and that, in any event, the plaintiff, a public celebrity, has failed to state facts suffi cient to generate a triable issue on malicious ness of defendant's publication. In our view, the motion for summary judgment was properly granted by Special Term and we now reverse the order of the Appellate Division. [**837] On July 9, 1972, an article enti tled "Samantha's belly business" appeared in the Sunday supplement, Upstate, of the Roch ester Democrat & Chronicle, a newspaper pub lished by the Gannett Co., Inc. The story, pre pared by one of the newspaper's reporters based upon an interview with the plaintiff, described the plaintiff as the "undisputed queen of the

exotic stages of Upstate New York, Rochester's belly dancer in residence." Without delving into unnecessary detail, it suffices to note that the four-page story discussed the plaintiff's background, set forth her views on life in gen eral, her approach to her business, and de scribed two of her dancing routines. Accom panying photographs depicted the plaintiff in her dressing room, on the stage, and arriving for work. Quotations from the interview with plaintiff are sprinkled liberally throughout the article. In one of the opening paragraphs, the writer stated: "A petite (but for her bust), plati num blonde, Samantha vibrates from the 10x10-foot stage at the Encore Club three times a night, six nights a week." The plaintiff finds fault with two sentences in the article, denying that she made statements attributed to her. Specifically, [***874] she objects to the statement that "she admits to sell ing her time to lonely old men with money, for as much as $ 400 an evening in one case, 'just to sit with him and be nice to him'." In a later paragraph, the plaintiff is quoted as saying: "'Most men can talk to me. They can't talk to their wives because they're blocked by society. Do you understand what I'm saying? They're looking for something they've lost at home. This is my business. Men is my business.'" Of this paragraph, the plaintiff objects only to the phrase, "Men is my business". The plaintiff does not deny making any of the other quota tions attributed to her in the article. In her complaint, the plaintiff alleged that, by the two [*419] sentences cited, "the defen dant meant, and intended to mean, and was un derstood by the readers of said newspaper as meaning that the plaintiff was acting as a pros titute who was offering her body and her time for sale at a price, was committing the crime of prostitution, was committing adultery, was sleeping and having intercourse with various and sundry male persons for a profit; that plain tiff was a person of low and despicable moral character." The plaintiff claimed that the alleg-

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edly false publication discredited her reputation in the community, resulting in damages of $ 500,000. She also asserted that, as a result of the article, she has not been able to open a planned dancing school, that she has not been able to teach cosmetology and is "in imminent danger" of losing her membership in the American Guild of Variety Artists. Her claims of "special" damage total $ 135,000. In its an swer, the defendant stood by its article, assert ing that the plaintiff did make the disputed statements and that her remarks were accu rately reported. We agree with the dissenting Justices at the Appellate Division that the published article, when read in context, was not defamatory. It is old law that written charges imputing unchaste conduct to a woman are libelous per se, obviat ing the need to allege and prove special dam ages. (See, e.g., Gates v New York Recorder Co., 155 NY 228, 231; 34 NY Jur, Libel and Slander, 3, 14; see, also, Civil Rights Law, 77.) However, whether the words complained of would constitute a libel per se or a libel per quod, it is for the court to decide whether the words are susceptible of the meaning ascribed to them. ( Tracy v Newsday, Inc., 5 NY2d 134, 136; see Crane v New York World Tel. Corp., 308 NY 470, 479-480; Cafferty v Southern Tier Pub. Co., 226 NY 87.) The court must decide whether there is a reasonable basis for drawing the defamatory conclusion. If the contested statements are reasonably susceptible of a de famatory connotation, then "it becomes the jury's function to say whether that was the sense in which the [**838] words were likely to be understood by the ordinary and average reader." ( Mencher v Chesley, 297 NY 94, 100.) In analyzing the words in order to ascertain whether a question of fact exists for resolution upon trial, the court will not pick out and iso late particular phrases but will consider the publication as a whole. ( Julian v American Business Consultants, 2 NY2d 1, 23.) The pub lication will be tested by its effect upon the av erage reader. ( Sydney v Macfadden Newspa-

per Pub. [*420] Corp., 242 NY 208, 214; Everett v Gross, 22 AD2d 257, 258.) The lan guage will be given a fair reading and the court will not strain to place a particular interpreta tion on the published words. (See Drug Re search Corp. v Curtis Pub. Co., 7 NY2d 435, 440; Julian v American Business Consultants, supra.) The statement complained of will be "read against the background of its issuance" with respect to "the circumstances of its publi cation". ( Mencher v Chesley, 297 NY 94, 99, supra.) "It is the duty of the court, in an action for libel, to understand the publication [***875] in the same manner that others would naturally do. 'The construction which it be hooves a court of justice to put on a publication which is alleged to be libellous is to be derived as well from the expressions used as from the whole scope and apparent object of the writer'." ( Cooper v Greeley, 1 Denio 347, 358; More v Bennett, 48 NY 472, 475-476.) In applying these traditional standards to this case, we find there is absolutely no basis from which the ordinary reader could draw an inference of prostitution from the paragraph containing the statement: "Men is my busi ness". The thrust of the paragraph, read as a whole with the entire article, was that the plain tiff believed that men attended her shows in order to obtain a form of entertainment not available in their homes. It cannot be said, as a matter of law, that, so construed, these remarks may impute unchastity or prostitution to the plaintiff. Indeed, it is to be expected that the talents of a female belly dancer would gener ally hold a greater attraction for men than for women and, since the plaintiff's audience is predominately male, it is but a truism to sug gest that men are her business. From the entire article, it is clear that her "business" consists of displaying her dancing ability and does not in volve acts of illegality or promiscuity. The second alleged libel, that plaintiff sold her time to lonely old men, is a bit more diffi cult. However, we again conclude that this

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sentence is not susceptible to a defamatory con struction. Although, on its face, this portion of the article states that the plaintiff sold her time to men on occasion, the statement itself negates the possibility that the plaintiff was thereby committing an act of prostitution since her role was to do no more than "sit with him and be nice to him". Whether a publication alleging that a woman sold her time to men charges an act of prostitution depends necessarily upon what services were to be performed in ex change for the money [*421] tendered to the woman. (See Hemmens v Nelson, 138 NY 517, 530-531.) For it is plain that many women sell legitimate, professional services, involving an expenditure of personal time, to male custom ers. Doctors, lawyers, designers, and nurses are but a few examples. Here, the publication does no more than allege that the plaintiff accepted money in return for providing a few hours of companionship to lonely men. There is nothing in the sentence complained of to support an in ference that the sale of anything more was in volved. Any lingering doubt is resolved by a review of the entire article which establishes that plaintiff is a professional belly dancer who markets her own nightclub act "as an all-butlost art as much as erotic entertainment." We conclude that the article, read as a whole, is in capable, as a matter of [**839] law, of bearing the libelous meaning that plaintiff would as cribe to it. We reject plaintiff's attempt to pick at two sentences from a feature article and im pute to them a libelous connotation that the whole article, let alone the specific sentences, will not bear. We believe that plaintiff's cause of action is defective in a second respect. We conclude that the plaintiff, for the purposes of this publi cation, was a public personality and that the plaintiff was, therefore, required to allege the existence of facts which would tend to establish that the defendant acted maliciously within the meaning of New York Times Co. v Sullivan (376 U.S. 254.) In the Times case, the Supreme Court held that a public official could not re-

cover for a defamatory falsehood unless he proves that the statement was made with knowledge of its falsity or with reckless disre gard for the truth. (376 U.S., at pp 279-280.) Although there has been some difficulty along the way (see Curtis Pub. Co. v Butts, 388 U.S. 130; see, also, Rosenbloom v Metromedia, Inc., 403 U.S. 29), similar considerations have at tached to persons who are "public figures". [***876] ( Time, Inc. v Firestone, 424 U.S. 448, 454.) In Gertz v Robert Welch, Inc. (418 U.S. 323, 345), the court defined public figures as persons who "have assumed roles of especial prominence in the affairs of society. Some oc cupy positions of such persuasive power and influence that they are deemed public figures for all purposes. More commonly, those classed as public figures have thrust themselves to the forefront of particular public controver sies in order to influence the resolution of the issues involved. In either event, they invite [*422] attention and comment." (See, also, Curtis Pub. Co. v Butts, 388 U.S. 130, 164, su pra [concurring opn of Warren, Ch. J.].) Recently, the court ruled that the wife of a member of a prominent society family was not a public figure so as to trigger the application of the New York Times standard to an article reporting on her divorce. It was held that she had not assumed a role of especial prominence in society at large, had not thrust herself into the forefront of a particular controversy in or der to influence its resolution and that her hold ing of a few press conferences did not convert her into a public figure. ( Time, Inc. v Fire stone, 424 U.S. 448, 454, n 3, supra.) The category of "public figures" is of ne cessity quite broad. Included, without doubt, are many types of public performers such as professional athletes, nightclub and concert singers, television and movie actors, and re cording artists. (See Cepeda v Cowles Mags. & Broadcasting, 392 F2d 417, 418-419, cert den 393 U.S. 840.) Although such persons have not necessarily taken an active part in debates on

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public issues, they remain, nevertheless, per sons in whom the public has continuing inter est. Some newspaper readers may have a keener interest in following public figures whose activities are reported on the sports or gossip pages than in reading the more straight forward reports in the news section of the local newspaper. Newspapers and magazines of gen eral circulation necessarily report on persons upon whom public interest has fastened in or der that the public might be induced to pur chase their product. Newspapers cater to the public's demand for information and if a news paper does not provide the sought-after infor mation, its readership may well turn to the competition. If the public wants information on public personalities, the newspaper, to sur vive, must supply it. Fundamentally, the pur chase of the newspaper for whatever reason helps sustain its publication and, thus, serves to assure the commercial survival of the newspa per, a matter of concern to all its readers, the [**840] followers of the sports as well as the followers of the news. The essential element underlying the cate gory of public figures is that the publicized per son has taken an affirmative step to attract pub lic attention. Of course, not all persons re ported upon in the media have sought the pub licity. However, there are individuals who, for a variety of reasons, have strived to achieve a measure of public acclaim. Thus, in this [*423] case, we have no doubt that the plaintiff co-operated in having the interview with de fendant's reporter and was far from unhappy about any attendant notoriety. Her obvious purpose was to attract customers to the club where she was performing. A larger audience for her performances would be beneficial to her economic interest. In short, the plaintiff wel comed publicity regarding her performances and, therefore, must be held to be a public fig ure with respect to newspaper accounts of those performances. By her purposeful activity, she thrust herself into the public spotlight and sought a continuing public interest in her activi-

ties. (Cf. Curtis Pub. Co. v Butts, 388 U.S. 130, 155, supra [Harlan, J.].) The extent to which one becomes a public figure is a matter of degree. Those occupying high public office, Congressmen and Judges for example, may, by the nature [***877] of their governmental role, invite comments and reports on matters not immediately related to their per formance of official duties. In effect, they may become public figures for all purposes. On the other hand, other public figures may invite pub licity only with respect to a narrow area of in terest, and publications, which unreasonably extend the scope of their reports, may be con fronted with a lesser standard of proof. In this case, it suffices to say that plaintiff was a pub lic figure with respect to accounts of her stage performances. Thus, our recent decision in Chapadeau v Utica Observer-Dispatch (38 NY2d 196) is of no assistance to her. In Chapadeau, we were concerned with the rules to be applied to allegedly defamatory statements concerning private individuals involved in mat ters of public interest. Plaintiff, as we have said, was not, for the purposes of this article, a private individual but was, instead, a public personality. In her answer to defendant's bill of particu lars, plaintiff claimed that the publication of the defendant was malicious because the reporter refused to review the interview and his notes with the plaintiff and defendant "deliberately refused to allow plaintiff to review said article and pictures". It would hardly be conducive to a free press to impose a requirement that all persons quoted or mentioned in a publication be permitted to review the report prior to publi cation. A newspaper is a private enterprise and there is certainly no absolute right on the part of citizens to insist upon the right to inspect newspaper accounts, files or notes in the ab sence of legal process. A requirement that per sons mentioned in proposed [*424] newspa per accounts or articles be permitted a first in stance, prepublication review, including a re-

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view of direct quotations, would, in effect, im pose the equivalent of censorship traditionally anathema in our society. Outsiders have no right to sit in the editor's chair; to insist that an interviewee should be assured an opportunity with the benefit of reflection and hindsight to revise spontaneous statements would be equally to strike at the vitality of news reporting. Moreover, a quick glance at any major daily newspaper would reveal the impracticability of such a requirement. Countless persons, corpo rations, associations and businesses are men tioned in publications every day and a publica tion could scarcely remain timely if publication had to await a review and confirmation by every person or entity whose name is men tioned. Moreover, although such a review might alert the publisher to a potential diffi culty, the newspaper would be under no re quirement to accede to the suggestions or de mands [**841] of those mentioned in its re ports. Newspapers are generally free to publish as they please, subject, of course, to the rare legitimate constraints imposed by law and to liability for any lawfully compensable damage afflicted by published articles. Publications establish their own method of verifying infor mation and the fact that the subject of an article was not offered, prior to publication, an oppor tunity for review and comment does not, by itself, establish that the publisher acted mali ciously or recklessly. Only where the publisher has, or should have had, reasons to doubt the accuracy of the report or its reporter is there a legal duty to make further inquiry. Thus, for example, a failure to investigate a story does not in itself establish the bad faith of the news-

paper. ( St. Amant v Thompson, 390 U.S. 727, 733.) The appropriate test is whether a pub lisher had or should have had serious doubt as to the truth of the publication. In other words, it must be established that there were obvious reasons to doubt the veracity of the report. ( St. Amant v Thompson, 390 U.S., at p 732, supra; Trails West v Wolff, 32 NY2d 207, 219.) Here, the plaintiff has pointed to no circumstances which should have placed the publisher on guard. There is no indication that the reporter was not competent to perform his assignment or that the reporter [***878] had any reason to submit a false account of the interview. Similarly, the report, on its face, does not con tain any statement that would arouse the suspi cions of a careful publisher or that would give cause for further inquiry. Indeed, plaintiff ad mits that all but two sentences of the article were accurate. Under all these circumstances, [*425] we conclude that the plaintiff has failed to set forth any facts that would permit the jury to find that defendant acted with knowledge of the article's falsity or with reckless disregard for its truth. We conclude that the defendant's motion for summary judgment was properly granted. Accordingly, the order of the Appellate Divi sion should be reversed and the order of Spe cial Term reinstated. The question certified by the Appellate Division -- Was the order of that court properly made? -- is answered in the negative. Order reversed, with costs, and the order of Supreme Court, Monroe County, reinstated. Question certified answered in the negative.

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Media Law Reporter Cases > Michigan > Riverview Residential Treatment Facilities Inc. v. WWMT-Channel 3, 16 Med.LRptr. 2305 (Mich. Cir. Ct. 1989) 1 6 Med.L.Rptr. 2 3 0 5 R i v e r v i e w Residential T r e a t m e n t Facilities I n c . v. W W M T - C h a n n e l 3 Michigan Circuit Court, Kent County No. 87-56502-NZ July 19, 1989 R I V E R V I E W R E S I D E N T I A L TREATMENT F A C I L I T I E S I N C . , e t a l , v. W W M T CHANNEL 3

Headnotes
REGULATION OF M E D I A CONTENT [1] DefamationSummary judgmentStandard of review ( 11.5505) Michigan trial court, in resolving motion for summary judgment in defamation action brought by public official or public figure against media defendant, must, independently and without resolving any doubts in plaintiff's favor, determine whether plaintiff has identified specific facts that are of sufficient caliber or quantity to allow rational finder of fact to find, by clear and convincing evidence, falsity and actual malice. [2] DefamationPublic offici a I /figureLimited purpose public figures (11.20.05) Founder and executive director of residential treatment facility which treats troubled teenagers referred by state social services department, pursuant to contract with state, is public figure, in his defamation action against television station for its news broadcasts concerning treatment of patients at facility. [3j DefamationPre-trial proceduresDiscovery (11,120.5) DefamationTruthIn general (11.4001) Trial court's order in defamation action, which struck all claims based on allegations in television news broadcast that children at treatment facility were restrained outside during winter without proper clothing and were otherwise punished in cruel manner, and which was entered as sanction against plaintiffs for their willful and prejudicial destruction of documents sought by defendant during discovery, precludes plaintiff from attempting to establish falsity of those charges. [4] DefamationTruthIn general (11.4001) Affidavit evidence, in defamation action by children's residential treatment facility against television station, that allegedly defamatory statements were made by disgruntled employees is insufficient to prove statements' falsity by clear and convincing evidence, and evidence that state department of social services reviewed facility's operations both before and as result of broadcast and found allegations to be substantially true warrants dismissal of action. [5] DefamationStandard of liabilityActual malice (11.3002) Expert witness's testimony that reporter was professionally incompetent because he did not have verified dual sources for all information in allegedly defamatory news broadcast concerning treatment facility and did not accept invitation of facility's director to visit facility before broadcasting report does not establish reporter's actual malice as matter of law, since any "journalistic malpractice" as discerned by expert does not constitute actual malice. Case H i s t o r y a n d D i s p o s i t i o n Action against television station for defamation, invasion of privacy, negligent infliction of emotional

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distress, and tortious interference with business relationships. On defendant's motion for summary disposition. Dismissed. Attorneys John A. Johnson, Grand Rapids, Mich., for plaintiffs. John W. Allen and Robert C. Beck, of Howard & Howard, Kalamazoo, Mich., for defendants.

Opinion Text
O p i n i o n By: Kolenda, J.: Full Text of Opinion

Plaintiff Riverview Residential Treatment Facilities, Inc., (hereinafter "Riverview") is a Michigan notfor-profit corporation. Its business is exclusively the treatment of troubled teenage children referred to it by Michigan Probate Courts and by the Michigan Department of Social Services. Plaintiff Lioyd Conklin founded Riverview in 1975; he is its Executive Director. Defendant WWMT is a CBS-affiliate television station located in Page 2 3 0 6 Kalamazoo; its viewing area includes much of Western Michigan. In December, 1986, Bruce Barnhardt, a reporter employed by WWMT, received information from a then-employee of Riverview that residents at its facilities were not being treated properly. After conducting an investigation, the adequacy of which is challenged by plaintiffs, defendant broadcast on March 10 and 11, 1987, two news stories which were highly critical of Riverview, On November 30, 1987, the instant action was filed. It alleges that those broadcasts were false and were disseminated by defendant with reckless disregard for their inaccuracies. Recovery is sought on several different theories. Counts I and I I charge libel and slander. Count I I I charges an invasion of privacy. Count IV charges negligent infliction of emotional distress. Count V asserts tortious interference with business relationships. Now that discovery is complete, defendant has filed a motion for summary disposition. As to the defamation claims asserted in Counts I and I I , defendant argues that plaintiffs must prove both the falsity of the broadcasts and actual malice by defendant and that neither can be proven. Alternatively, defendant argues as to those claims that plaintiffs, if not required to prove falsity and actual malice, must prove negligence, and that they cannot do that. As to Counts III-V, defendant argues that, because ail are based upon the same broadcasts, they merely replicate the defamation claims and must be dismissed because those claims must be dismissed. Alternatively, defendant argues as to those counts that plaintiffs cannot prove one or more of the elements of the tort asserted in each. Finally, defendant argues as to all five claims that plaintiffs have failed to demonstrate any damages, mandating their dismissal. The parties have fully briefed the motion. Affidavits and counter-affidavits have been filed, and the parties have called the Court's attention to those portions of the detailed record which they believe support their respective positions. A videotape of the broadcasts at issue was provided to the Court by defendant and has been viewed several times. Illuminating argument was heard. This is the Court's opinion resolving the motion before it. Counsel for the parties were previously notified by letter of the Court's intention to grant the motion. They were so notified to avoid a needless mediation which was scheduled for June 22, 1989. The Court had analyzed the motion in advance of sending the letter and was convinced how it would rule, but did not have the time, then, to issue the kind of opinion merited by the case.

COUNTS I AND II
Defamation claims against media defendants x are subject to constitutional limitations. It is those limitations on which defendant's motion is predicated. They, those limitations, can be stated as three general rules: (A) If the plaintiff is either a public official or a public figure, the burden is on the plaintiff to prove both that the alleged defamation was false and that it was published with actual malice. A preponderance of the evidence is not sufficient to satisfy either prong of that burden. Only "clear and convincing proof" will do. (B) If the plaintiff is neither a public official nor a public figure,

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but if the subject matter of the alleged defamation was "of public concern" when published, the plaintiff must prove both falsity and negligence. Actual malice need not be demonstrated, except to recover presumed or punitive damages. Again, only clear and convincing proof can sustain the plaintiff's burden. (C) When the plaintiff is a private person and the subject matter of the alleged defamation was not of public interest, then, but only then, truth can be an affirmative defense to be established by the defendant. The fault which must be established is negligence. See Philadelphia Newspapers, Inc v Hepps, 475 US 767; 106 S Ct 1558, 1 5 6 2 - 1 5 6 3 , 1564; 89 L Ed 2d 783 (1986), and Rouch v. Enquirer & News, 427 Mich 157, 198, 1 9 9 - 2 0 0 , 2 0 2 - 2 0 4 [13 Med.L.Rptr. 2201] (1986). Different limitations may apply to nonmedia defendants, Philadelphia Newspapers, Inc. v. Hepps, 475 US 767, fn 4; 106 S Ct 1558, 1565, fn 4; 89 L Ed 2d 783 [12 Med.L.Rptr. 1977] (1986). Plaintiffs, both of them, concede that the subject matter of defendant's broadcasts was of public interest. Their complaint characterizes the broadcasts in those very words (@ @ 103 and 202), and, when specifically asked at oral argument, their counsel acknowledged that the broadcasts were "of public interest" for purposes of the constitutional limitations on defamation actions. Therefore, this case is, plaintiffs effectively concede, a Category B defamation case, at a Page 2 3 0 7 minimum. Accordingly, there can be no dispute that plaintiffs must prove by clear and convincing evidence that the March 10 and 11 broadcasts were false. Riverview also concedes that, with reference to the subject matter of the broadcasts, it is now, and was at all pertinent times, a public figure. The complaint says so (@ 202), and at oral argument Riverview's counsel so conceded when asked by the Court whether the complaint had been drafted with an appreciation of the constitutional significance of its description of Riverview as "a public figure." Therefore, Riverview cannot dispute that, as to it, at least, this is a Category A case, meaning that in order to prevail, it must, in addition to proving falsity, also prove actual malice on the part of defendant when it aired the broadcasts at issue. Individual plaintiff Conklin denies that he is a public figure. Were that true, he would not need to prove actual malice, but only negligence, provided, of course, that he could convincingly establish the falsity of the broadcasts. Falsity must be proven because it is conceded that the broadcasts were of public concern. This Court is convinced, however, that Mr. Conklin is a public figure, at least with regard to the subject matter of the broadcasts at issue. Therefore, he, too, must convincingly prove actual malice. In sum, in order to prevail on Counts I and I I , both plaintiffs must be able to prove by clear and convincing evidence both that defendant's broadcasts were false and that they were aired with actual malice. For reasons which will be explained momentarily, this Court concludes that plaintiffs cannot prove that the broadcasts were untrue. Therefore, based on plaintiffs' concessions that both of those broadcasts were of public interest, Counts I and I I must be dismissed because the claims asserted in them cannot meet one of the constitutionally-required thresholds for such claims. This Court is also convinced that plaintiffs cannot establish actual malice by defendant. Therefore, based on its concession that it is a public figure, Riverview's defamation claims must be dismissed for a second reason. Because this Court is convinced that plaintiff Conklin was a public figure with regard to defendant's broadcasts, there is the same second reason for dismissing his defamation claims: no proof of actual malice.
1

1. Standard

of

Review

Before explaining its conclusions, this Court thinks it would be useful to identify the standards which were used to come to those conclusions. To the extent those conclusions are factual, there are obvious limitations on what this Court can do to resolve the pending motion. While there is, as will be discussed soon, a conflict in the Court of Appeals as to the standard to be used in evaluating media defendants' motions for summary disposition, whatever the standard, the Court must be careful to avoid supplanting the jury. However, to the extent the motion presents questions of law, the Court is not only free, but obligated, to resolve them as it believes the law requires, cf., People v Slipson, 154 Mich App 134, 137 (1986), vacated on other grounds, 428 Mich 858 (1987). It has endeavored to scrupulously observe that distinction. If a plaintiff is a public official or a public figure, a media defendant has a constitutional privilege which can be overcome only by proof of falsity and actual malice. A constitutional privilege also arises if a

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publication is of public interest. Since the existence of a privilege is always a question of law, it is for this Court to decide whether plaintiff Conklin was, at the relevant time, a public figure. Plaintiff Riverview concedes that it was, and the public interest in the broadcasts is also conceded. If the Court concludes that Conklin was a public figure, meaning that the privilege existed, a question of fact is then raised: Was that privilege abused by the publication of false information? See Lawrence v. Fox, 357 Mich 134, 1 3 9 - 1 4 0 (1959); Peisner v Detroit Free Press, Inc, 82 Mich App 153, 163 [4 Med.L.Rptr. 1062] (1978); McCracken v Evening News Association, 3 Mich App. 32, 3839 (1966); and Bichier v Union Bank, 745_F2d 1006, 1 0 1 0 - 1 0 1 1 [10 Med.L.Rptr. 2393] (6th Cir., 1984). Whether the evidence in the record is sufficient to support a finding of actual malice is a question of law, Harte-Hanks Communication, Inc. v. Connaughton, 57 USLW 4846, 4854 [16 Med.L.Rptr. 1881] (1989). As to questions of fact, summary judgment is, ordinarily, to be granted only if, giving the benefit of any reasonable doubt to the non-moving party, it is clear from the entire record that there cannot be developed a material factual issue upon which reasonable minds might differ, Rizzo v Kretschmer, 389 Mich 363, 3 7 1 - 3 7 3 (1973), and Assemany v Archdiocese of Detroit, 173 Mich App 752, 7 5 8 - 7 5 9 (1988). A more stringent standard is appropriate, however, for cases like Page 2 3 0 8 this one. To successfully defend a media defendant's motion for summary disposition, a public official/public figure plaintiff must identify specific facts which are of sufficient caliber or quantity to allow a rational finder of fact to find, by clear and convincing evidence, falsity and actual malice, Anderson v Liberty Lobby, Inc, 4.Z7 US 242; 106 5 Q 2505, 2513, 2514; 91 L Ed 2d 202 [12 Med.L.Rptr. 2297] (1986), and, when evaluating such motions, '"judges, as expositors of the Constitution,' have a duty to 'independently decide whether the evidence in the record is sufficient to cross the Constitutional threshold/" Harte-Hanks Communications, Inc. v. Connaughton, supra, at 4855. There is, as previously noted, a conflict among Court of Appeals decisions as to the proper standard to use. In Lins v Evening News Association, 129 Mich App 419, 432 [9 Med.L.Rptr. 2380] (1983), a panel held that doubts are not to be resolved in favor of the plaintiff and that the burden is on the plaintiff to present convincing evidence of falsity and malice. Earlier, another panel had held otherwise in Peisner v Detroit Free Press, Inc, supra, at 164165, and, subsequently, two panels refused to depart from traditional summary judgment law. According to those panels, a plaintiff need only identify evidence from which a jury could reasonably infer falsity or actual malice. See Dienes v Associated Newspapers, 137 Mich App 272, 2 8 4 - 2 8 5 [10 Med.L.Rptr.. 2286] (1984), and Spreen v Smith, 153 Mich App 1, 7 [13 Med.L.Rptr. .1424] (1986). If it had to choose among those cases, this Court would choose Lins. The other cases miss the thrust of New York Times v Sullivan, 376 US 254; 84 S. Ct. 710; 11 L Ed 2d 686 [ 1 Med.L.Rptr. 1527] (1964), and its progeny. Those cases held that, as a matter of constitutional mandate, plaintiffs in cases like this one must prove falsity and actual malice by clear and convincing proof. Because the inquiry involved in resolving a motion for summary disposition necessarily implicates the substantive evidentiary standard of proof which would apply at the trial on the merits, in ruling on such a motion "the judge must view the evidence presented through the prism of the substantive evidentiary burden," Anderson v Liberty Lobby, Inc, supra, meaning that when that burden is clear and convincing, more evidence is needed to overcome a motion for summary disposition than when a simple preponderance will do, Id. That standard inheres in the distinction between those burdens. The conclusion reached in Peisner, Dienes, and Spreen undermines the constitutional protection given to the media. Public official/public figure plaintiffs, or private plaintiffs complaining about publications or broadcasts of public interest, must, when suing media defendants, sustain their burden with clear and convincing evidence to insure that there is "carved out an area of'breathing space' so that protected speech is not discouraged," Harte-Hanks Communications, Inc. v. Connaughton, supra, at 4854; Philadelphia Newspapers, Inc. v. Hepps, supra, 475 US at 778; 106 S Ct at 1564. Summary disposition is inherently "an integral part" of that constitutional protection, Hayes v Booth Newspapers, Inc, 97 Mich App 758, 7 7 4 - 7 7 5 [6 Med.L.Rptr. 2319] (1980). The prospect of substantial adverse verdicts is a very oppressive deterrent to a vigorous media. While heavy burdens of proof at trial and meticulous appellate review will reduce that prospect, those protections are not enough to guarantee the needed breathing space. Even the most careful scrutiny of every jury verdict means unpredictable results and uncertain expectations, Gertz v Robert Welch, Inc, supra, 418 US at 343; 94 S. Ct. at 3009. That uncertainty alone will deter journalism which is beneficial to the community. And, even if media defendants could count on always prevailing when they should, the cost of winning is likely to chill vigorous reporting. Litigation, even when ultimately successful, is protracted, expensive and time-

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consuming. Lawyers, court reporters and the like have to be paid, and journalists, rather than gathering news and reporting it, are preoccupied answering interrogatories, attending depositions, and coming to court. Even if the business side of the media is willing to bear those burdens, the First Amendment is being chilled because there are, in the end, fewer funds and fewer personnel available for news gathering. What is spent on litigation in terms of money and energy is not available for journalistic pursuits. The First Amendment protects against not only heavy-handed frontal attacks, but also from being stifled by more subtle interference, cf., Bates v Little Rock, 361 US 516, 523; 80 S Ct 412, 416; 4 L Ed 2d 480 (1960). Because summary dispositions can minimize such stifling, they are, to repeat, "an integral part" of the constitutional protection afforded First Amendment rights. Traditional summary Page 2 3 0 9 disposition practice is at odds with that protection. A stricter standard is required. That is not to say that trial courts should act other than with caution in dismissing suits against the media or that they should not continue to deny summary disposition motions where there is reason to believe that the better course would be to proceed to trial. A stricter standard does not authorize trial on affidavits. Credibility determinations, the weighing of the evidence, and the drawing of inferences remain jury functions. The evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in favor of the non-movant. See Anderson v Liberty Lobby, Inc, supra, All US at 255; 106 S Ct at 2513-2514. A stricter standard does mean that motions for summary disposition are to be scrutinized very carefully in light of the criteria governing what evidence would enable a jury to find for either the plaintiff or the defendant. [ 1 ] However, this Court does not have to choose between Lins and the contrary decisions. That choice has already been made in favor of Lins by a court superior to this one. In the Liberty Lobby case, the United States Supreme Court adopted as a matter of procedure what in Lins the Michigan Court of Appeals had said was appropriate. Admittedly, that case is a federal decision, but the courts of Michigan have long looked to the interpretation of comparable federal rules to give definition to our own rules. See Brewster v Martin Marietta, Inc, 107 Mich App 639, 643 (1981). And, in Harte-Hanks the substance of Lins was adopted by the United States Supreme Court as a matter of constitutional law. While Liberty Lobby is merely a non-binding aid, although a very persuasive one, the decision in Harte-Hanks is binding on this Court. The Supremacy Clause permits no doubt about that. Furthermore, even if the traditional standards for resolving motions for summary disposition are used in this case, the outcome is the same. The arguments advanced by plaintiffs to fend off defendant's motion are tantamount to concessions that, even giving to plaintiffs the benefit of the doubt, there are no genuine issues of material fact, Had plaintiffs pled the facts now urged by them in support of their case, Counts I and II would be dismissable for failure to state claims. Therefore, whatever standard is used to evaluate it, defendant's pending motion must be granted. When a summary disposition is proper, it is this Court's duty to grant it, MCR 2.116(I)(1), and Rizzo v Kretschmer, supra, at 380. 2. Public Figure

A person does not become a "public figure" just because he or she is drawn into public view by a news story or broadcast, Woiston v Reader's Digest Association, Inc., 443 US 157; 99 S Ct 2 7 0 1 ; 61 L Ed 2d 450 [5 Med.L.Rptr, 1273] (1979). Some voluntariness is required. But, that requirement is satisfied when an individual undertakes a course of conduct which invites public attention, even though the individual does not intend to attract such attention, McDowell v Paiewonski, 769 F2d 942, 949 (3d Cir., 1985), and Hodgins v Times Herald Co, 169 Mich App 245, 2 5 6 - 2 5 7 [15_Med.LRptr. 1777] (1988). Nor is a person a public figure just because he or she works on a government project or receives government funds, Hutchinson v Proxmire, 443 US 111; 99 S Ct.2675; 61 L Ed 2d 411 [5 Med.L.Rptr. 1279] (1979), and McDowell v Paiewonski, supra. However, contracting with the government can, in some circumstances, make the contracting party a public figure, at least with regard to the contract's subject matter. Then-Chief Justice Warren explained why in his concurring opinion in Curtis Publishing Co v Butts, 388 US 130, 1 6 3 - 1 6 4 ; 87 S Ct 1975, 1 9 9 5 - 1 9 9 6 ; 18 L Ed 2d 1094 [ 1 Med.L.Rptr. 1568] (1967), cited with approval in Philadelphia Newspapers Inc v Hepps, supra, 106 S Ct at 1562, and in Hustler Magazine v Falwell, 485 US ; 108 S Ct 876, 879; 99 L Ed 2d 41 [14 Med.L.Rptr. 2281] (1988). "Increasingly in this country, the distinctions between governmental and private sectors are blurred." Individuals who do not hold any public office "are nevertheless intimately involved in the resolution of important public questions." They play just as "influential a role in ordering society" as do public officials. Therefore, the conduct of such persons is of as much concern to the public as is the behavior of public officials. Were the media not free to scrutinize such behavior, the First Amendment could be effectively repealed by "privatization."

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[ 2 ] Plaintiff Conklin satisfies both tests for being a limited-purpose public figure. By involving himself as the chief executive officer of a business which is hired by the State of Michigan to fulfill its, the State's, duty to treat its troubled children, he voluntarily become intimately involved in the resolution of important public Page 2 3 1 0 questions, questions typically answered by public officials, and he voluntarily undertook a course of action guaranteed to invite public scrutiny. There is no doubt that individuals who are employed by juvenile courts to operate their programs are public figures for purposes of those programs; they are engaged in activities the community is very interested in scrutinizing. Similarly, officials at the Department of Social Services responsible for operating state-run juvenile facilities and programs are also, without question, public figures. It necessarily follows that Mr. Conklin is a public figure because he is providing exactly the same services to the community. If individuals situated as is Mr. Conklin are not held to be public figures, then, matters of vital significance and interest to the community can easily be hidden from public scrutiny. Since that cannot be, because it would undermine the fundamental principle that the community should be fully informed about what its government is doing, however it is doing it, Mr. Conklin must be deemed to be a public figure. Consequences can fix the meaning of a concept, In re Rouss, 116 NE 782, 785 (1917).

3. Falsity
Defendant's broadcasts leveled four charges against plaintiffs: 2 (1) that residents were, as a form of discipline, sometimes restrained outside during the winter months without adequate clothing; (2) that the staff was not adequately trained, leading to a loss of control over residents; the broadcast spoke of "mini-riots;" (3) that residents were not allowed second helpings of food; and (4) that there was not enough hot water for showers. Defendant also had information about sexual abuse at Riverview, but did not broadcast that information because it could not be verified. Having carefully reviewed all of the materials submitted to it, this Court has no doubt that a jury could not clearly and convincingly find any of those charges to be false. * The broadcasts appear to be critical of Riverview as an entity, not of plaintiff Conklin. He appears on camera responding to the charges aired by defendant, but nothing in the broadcasts cast aspersions on him. However, defendant does not defend, even alternatively, on the ground that Mr. Conklin was not defamed. Therefore, this Court will not decide if he was, but will operate as if broadcasts reflected on him personally, By order dated March 8, 1989, this Court ordered stricken from this case all claims based upon the allegations in subparagraphs (a) and (b) of Paragraph 6 in plaintiffs' complaint. Those two subparagraphs asserted that defendant's broadcasts were false to the extent they reported that children residing at Riverview were punished in a cruel manner and were restrained outside during the winter without proper clothing. Those claims were stricken as a sanction for plaintiffs' willful and prejudicial destruction of documents sought by defendant during discovery. 3 This Court's order still stands. Plaintiffs sought neither reconsideration nor an interlocutory appeal. At oral argument on the pending motion, plaintiffs' counsel reported that copies of a handful of the destroyed documents had surfaced in a DSS file, but no request was made to the Court for relief from its order. Perhaps, plaintiffs recognized that what few documents had been found did not ease the harm to defendant. Whatever, no relief was requested. This Court's order precludes plaintiffs from attempting to establish the falsity of Charge 1 in the broadcast.
3

Why such a severe sanction was deemed necessary was fully explained in an opinion which accompanied the March 8 order. [ 3 ] Plaintiffs attempt to sidestep their inability to refute the allegations of outside restraint by claiming that the gist of the broadcasts was a more general charge of cruelty. That effort at avoidance is unavailing for two reasons: First, what was ordered stricken was not merely a claim for damages based on the specific allegation about outdoor restraints, but also any claim based on the broader allegation about cruel punishment. Therefore, even if the gist of the broadcasts was as broad as plaintiffs claim, the consequence of their destruction of documents is to preclude any challenge to the accuracy of those allegations. Second, the four specific charges itemized above, not something broader, were the gist of the broadcasts. To test its defamatory quality, a publication or broadcast must be considered as a whole, Gustin v Evening Press Co, 111 Mich 3 1 1 , 314 (1912), and Sanders v Evening News Association, 313 Mich 334,

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340 (1940), and is to be given the meaning which, under the circumstances of its publication or broadcast, a reasonable person would understand to be the meaning Page 2 3 1 1 intended, Fisher v Detroit Free Press, 158 Mich App 409, 413 r i 3 Med.LRptr. 2241] (1987); and Ledsinger v Burmeister, 114 Mich App 12, 21 (1982). Obviously, the specific words used are to be carefully considered, but "the circumstances" of publication involve more than the words. The character of their display, e.g., the headlines or the "promos" which announced the story, is very significant, Gustin v Evening Press Co, supra; and Sanders v Evening News Association, supra. So is the overall implication of the publication or broadcast, Randal! v Evening News Association, 101 Mich 5 6 1 , 570 (1894). A statement can give a false impression even though its particulars are, taken by themselves, not untrue, Wolfe v A E Kusterer & Co, 269 Mich 424, 428, 429 (1934). An accurate report can fail to convey the truth because only certain things have been reported, Mortimer, Famous Trials, p 17. In other words, taking everything together, and reading it as reasonable readers or listeners would understand it, "the spirit of the whole article" is what must be evaluated, O'Connor v Sill, 60 Mich 175, 181 (1886). If it, the gist, is "substantially true," the defendant is not liable, Fisher v. Detroit Free Press, supra, at 414. Applying those rules to defendant's broadcasts leads to the conclusion that their gist is the four charges itemized above. A meaning broader than its particular charges can be the gist of a broadcast. Not so in this case. Nor, however, is the converse true in this case, although it might be in some other case. Because the bulk of each broadcast pertained to charges of inappropriate punishment, specifically, outdoor detention without proper clothes, it might be argued that, since those allegations must be taken as true, the gist of the broadcasts was substantially true as contemplated by Fisher. Defendant does, indeed, make that argument. Although the Court agrees that defendant is entitled to prevail, it does not accept that argument. The broadcasts contained three other allegations which, although only a minority of the broadcasts' duration, were significant. The Court of Appeals did not hold in Fisher that a publication or broadcast which is more true than false is protected from defamation actions just because the false was said in fewer words than the true. A very small portion of a publication or broadcast may be false, but the falsehood may be devastating. If any one of defendant's accusations were true, plaintiffs could prevail. This Court finds for defendant because plaintiffs have failed to demonstrate that they might be able to prove by clear and convincing evidence that any of those four accusations were false. [ 4 ] The only evidence of falsity presented by plaintiffs are affidavits by Mr. Conklin and by a John O'Connor, Riverview's current Personnel Director, characterizing the Riverview employees who were defendant's sources as either "disgruntled," i.e., having a motive to lie, or poorly informed. Because "discredited testimony is not normally considered a sufficient basis for drawing a contrary conclusion," Bose Corp v Consumer's Union, 466 US 485, 512; 104 S Ct 1949, 1966; 70 L Ed 2d 502 [10 Med.L.Rptr. 1625] (1984), quoted in Anderson v Liberty Lobby, Inc, supra, 106 S Ct at 2515; Mazur v Blandea, 413 Mich 540, 547 (1982); People v O'Connor, 48 Mich App 524, 529 (1973); and People v. Matthews, 17 Mich App 48, 53, fn 5 (1969), plaintiffs' response to defendant's motion is insufficient to establish falsity clearly and convincingly. For that reason alone, want of a meritorious response, the motion could be granted. However, because of the significance of this case, the Court was not content to look only to plaintiffs' response. It has searched the record for any other evidence of falsity. None was found. Because all of its residents are referred to it by the State, Riverview is subject to review by the Department of Social Services (hereinafter "DSS"). Such reviews have been regularly conducted throughout Riverview's existence, and a special review was prompted by defendant's broadcasts. In support of their case, plaintiffs rely heavily on DSS reports memorializing the results of those reviews, including, especially, the review prompted by the broadcasts. Plaintiffs also rely on testimony from the DSS employee who supervised that special review. Plaintiffs propose to submit those reports as evidence at trial and plan to call the employee as a witness. This Court reviewed those reports and the deposition of the DSS employee. Defendant relied on them. While the DSS has always found Riverview to be in substantial compliance with all applicable rules and regulations, its reviews also establish that the broadcasts at issue were not false, but true. The same is apparent from the deposition of the DSS employee responsible for reviewing Riverview. While not himself critical of Riverview, he did find that the broadcasts" contents were substantially true. He does Page 2 3 1 2 not say so in so many words, but that conclusion is obvious from his report and testimony.

Because plaintiffs do not challenge the accuracy of the DSS reports or the testimony of the DSS

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employee who reviewed Riverview, but rely upon them, this Court must conclude that it is impossible for plaintiffs to sustain their claims at trial. The placement of the burden of proof, and the nature of that burden, become determinative when the evidence is ambiguous. In cases implicating the First Amendment where the burden on a plaintiff is one of clear and convincing evidence, when the scales are in an uncertain balance, the Constitution requires that they be tipped in favor of protecting true speech, i.e., in favor of media defendants. See Philadelphia Newspapers, Inc v Hepps, supra, 106 S Ct at 1564. In light of the DSS conclusions about Riverview, no matter what other evidence plaintiffs might have, which they have not disclosed to this Court, the best that can be said for plaintiffs is that the total evidence is uncertain, meaning that plaintiffs' case must fail. According to the DSS, Riverview had extraordinary employee turnover, almost 400 percent. High turnover makes it impossible, the DSS investigator conceded, to determine whether the required training was provided. In other words, were high turnover and the investigator's concession the only facts of record favorable to defendant regarding Charge 2, it would not be possible to ascertain if the broadcasts' claims that Riverview staff was inadequately trained were false. That being the case, plaintiffs cannot satisfy their burden, Philadelphia Newspapers, Inc v Hepps, supra, 106 S Ct at 1563. There is much more in the record, however. Another DSS report concludes that "staff hiring and training rules and methods" had been improved for reasons specified in the report. It necessarily follows from that conclusion that, prior to the improvement, staff hiring and training had been inadequate. In fact, another report concluded that the impact of the high staff turnover rate was sufficiently negative "to warrant a decision not to recommend program expansion at this time." In his deposition, plaintiff Conklin acknowledged that "one of the factors" in occasional situations where children got out of hand was "inadequate staff." Most significantly, the DSS investigation confirmed an incident when staff lost control over the residents in a unit. Therefore, in light of their own evidence, this Court must conclude that plaintiffs cannot show convincingly that the broadcasts were false about inadequate staffing. To the contrary, plaintiffs' evidence establishes the truth of Charge 2. The broadcast also reported that residents were not allowed second helpings of food; the broadcasts did note that what the children were fed met all State nutrition requirements. The DSS review which was prompted by defendant's broadcasts resulted in a finding that "residents are not always allowed seconds on meat and starch foods. On occasion, there may not be seconds available. Some residents are not allowed second helpings because of a concern regarding their weight. Also, there are occasions when children on certain behavioral restrictions are not allowed second helpings." While that finding reflects legitimate reasons, in some circumstances, for withholding seconds, it not only verifies that seconds were not available, it also verifies that there were times when they were not denied for dietary or discipline reasons. In other words, plaintiffs' own evidence establishes that Charge 3, the one about food, cannot convincingly be shown to have been false. Finally, plaintiffs cannot make a sufficient showing that the broadcasts' charge of inadequate hot shower water was false. As proof of the falsity of that charge, plaintiffs point solely to the deposition testimony of the DSS employee who reviewed Riverview. He did, to be sure, testify that "there was sufficient warm water for the children," but he admitted having "no empirical evidence" to backup that conclusion. That concession means that that conclusion is insufficient to convincingly establish the falsity of Charge 4. But there is also evidence which establishes the accuracy of that charge. That DSS employee's report noted that "there is enough warm water for everyone to have a warm shower If the showers are staggered between morning and evening hours" (emphasis added). The broadcasts' charge was that the hot water was inadequate when all the residents of a particular facility wanted to shower in the morning. The DSS report says that there was not enough warm water for that. Again, plaintiffs own evidence establishes the truth, rather than the falsity, of Charge 4.

4. Actual

Malice

Plaintiffs' expert bases his opinion that defendant had broadcast with actual malice on the following considerations: that Page 2 3 1 3 the reporter was professionally incompetent; that he did not check out all of the information provided to him by plaintiff Conklin; and that he, the reporter, did not have verified dual sources for all of the broadcast information. Plaintiff Conklin, in his responsive affidavit, claims the existence of actual malice because defendant's reporter did not accept his, Mr. Conklin's, invitation "to come to Riverview and spend time with the children prior to airing the report" and because it appeared to him that the reporter's objective was a smear job. Neither the expert's opinion, given its bases, nor Mr. Conklin's claims, even if accepted as absolutely true, establish actual malice. [ 5 ] Their burden of proving "actual malice" requires plaintiffs to demonstrate with clear and

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*"

convincing evidence that defendant knew that its broadcasts were false or that it subjectively entertained serious doubts about the truth of those broadcasts, Bose Corp v Consumer's Union, 466 US 485, 5 1 1 , fn 30; 104 S Ct 1949, 1965, fn 30; 80 L Ed 2d 502 (1984); and Harte-Hanks Communications, Inc v Connaughton, supra, at 4849. Nothing less will do. Actual malice is not spite or ill will, Lins v Evening News Association, supra, at 433, nor is it negligence, not even an extreme departure from professional standards, Harte-Hanks, supra. Failure by a reporter to investigate or verify facts does not indicate malice, Dienes v Associated Newspapers, supra, at 285; Spreen v Smith, supra, at 9. And, proof of falsity is not proof of actual malice, Bose Corp, supra. Therefore, the journalistic malpractice discerned by plaintiffs' expert is not actual malice. The reporter's failures, if any, to investigate further and to accept plaintiff Conklin's offer of a visit do not qualify as actual malice. Nor does plaintiff Conklin's belief that defendant's reporter harbored ill will against him and Riverview. Plaintiffs admit they have no evidence that defendant knew that its broadcasts were false, nor have they any evidence, they admit, that defendant had any doubts about the accuracy of the broadcasts. Plaintiff's only complaint is with the thoroughness of defendant's investigation. That is not actual malice as a matter of law.

COUNTS III-V
Counts III-V must fail because Counts I and I I fail. Those latter counts replicate exactly the first two counts, those charging libel and slander. Exactly the same facts are alleged with no additions or deletions. In other words, Counts III-V merely re-label Counts I and I I . To treat the latter counts any differently than the first two would be to defeat significant constitutional protections merely by changing labels. Speech cannot be so easily stripped of its protected character. Cf., Hustler Magazine v Falwell, supra, and Createx v Evangelical Deaconess Hospital, 261 Mich 327, 330 (1933). When a set of facts give rise to multiple causes of action, some of which are barred, a plaintiff may still assert those not barred by the same defense, Wilkerson v Carlo, 127 Mich App 629, 631632 (1980), Iv app den All Mich 984 (1981), but this case is different. Plaintiffs' various theories must all be barred or the Constitution will be violated. Therefore, Counts III-V must be dismissed because doing otherwise would violate the constitutional protections which mandate the dismissal of Counts I and I I . Counts III-V must also each be dismissed for another reason. One or more of the elements of the tort asserted in each cannot be established by plaintiffs. Count I I I alleges a false-light invasion of privacy. To prevail on such a claim, a plaintiff must establish not only that the disclosed information would be highly offensive to a reasonable person, but also that its publication was of "no legitimate concern to the public," Fry v Ionia Sentinal-Standard, 101 Mich App 725, 7 2 8 - 2 9 [6 Med.L.Rptr. 2497] (1980); and Earp v Detroit, 16 Mich App 2 7 1 , 276 (1969). Since plaintiffs concede that defendant's broadcasts concerned a subject of public interest, they, plaintiffs, have necessarily conceded the inadequacy of Count I I I . In addition, the claim made in Count I I I requires proof that defendant "had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed," Early Detection v New York Life Ins Co, 157 Mich App 618, 630 (1986). I t necessarily follows from this Court's conclusion that plaintiffs cannot establish actual malice for defamation purposes that they cannot establish false-light invasion of privacy. Negligent infliction of emotional distress, what plaintiffs assert in Count IV, is a tort which can arise only from a very unique set of facts, facts not even alleged in this case. Such a cause of action accrues only when an individual is physically injured and a member of his or her immediate family was present when the injury was inflicted or at a fairly Page 2 3 1 4 contemporaneous time, witnessed that injury, and suffered emotional distress as a consequence, Wargelin v Mercy Health Corp, 149 Mich App 75, 8 0 - 8 1 (1986). Nothing remotely comparable happened in this case. Not only does the record disclose the absence of any of those requisite elements, none are even pled. Therefore, Count IV fails to state a claim for which relief can be granted. If plaintiffs meant to allege the tort of intentional, not negligent, infliction of emotional distress, amending Count IV would be futile, so no amendment will be allowed, MCR 2.116(I)(5); and Schimmer v Wolverine Ins Co, 54 Mich App 2 9 1 , 299 (1974), for two of the elements of that tort cannot be established. There can be liability for intentional infliction of emotional distress "only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community," Ledsinger v Burmeister, supra, at 18. That standard is not even remotely satisfied by the broadcasting of information conceded to be of public interest and which the plaintiffs cannot establish to have been false. Plaintiffs may have been grievously annoyed, even outraged, by the broadcasts,

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but in a society which so cherishes freedom of expression it is impossible to characterize the protected exercise of that freedom as atrocious and utterly intolerable. In addition, the infliction of emotional distress must have been done "intentionally or recklessly," Warren v June's Mobile Home Village & Sales, Inc, 66 Mich App 386, 390 (1976), quoted with approval in Ledsinger v Burmeister, supra, at 1718. Plaintiffs' inability to prove actual malice for defamation purposes precludes any finding of the scienter element of this tort. In short, Count IV fails, not merely because it is a re-labeled Counts I and I I , and nothing more, but also because, even if treated as a distinct averment, it is twice fatally flawed. One who alleges tortious interference with a contractual or business relationship or expectancy, what plaintiffs allege in Count V, must prove either the intentional doing of a per se wrongful act or the intentional doing of a lawful act with malice, Feldman v Green, 138 Mich App 360, 369370 (1984). The malice required is not ill will, but the intentional doing an act without legal or social justification, Wilkinson v Powe, 300 Mich 275, 2 8 2 - 2 8 5 (1942). Obviously, defendant's broadcasts cannot be characterized as per se wrongful. Therefore, the first alternative element cannot be proven. Furthermore, it cannot be said, for all of the reasons discussed in detail elsewhere in this opinion, that defendant's broadcasts were aired with malice. Therefore, plaintiffs will never be able to sustain Count V.

CONCLUSION
Every child in this State, including, especially including, the troubled and delinquent, are entitled to a stable and decent environment in which to mature, In the Matter of LaFlure, 48 Mich App 377, 388 (1973). When their care is under the auspices of the State, the public has a very strong interest in monitoring that care, not just because it is financed with tax dollars, but also because, primarily because, society must care about its children. No doubt, that is why plaintiffs readily acknowledge that the subject of defendant's broadcasts is and was of public interest. And, that is why this Court concluded that Mr. Conklin's direction of Riverview makes him a public figure. It follows, therefore, from "our profound national commitment to the free exchange of ideas, as enshrined in the First Amendment," Harte-Hanks Communications, Inc v Connaughton, supra, at 4854, and from our commitment to the value of the deterrence of misconduct which follows from such openness, that plaintiffs herein must "surmount a much higher barrier before recovering damages from a media defendant than is raised by the common law," Philadelphia Newspapers, Inc v Hepps, supra, 106 S. Ct. at 1563. Careful review of the record in this case reveals that these plaintiffs cannot surmount that barrier. Case dismissed. - End of Case -

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Court of Appeals of Ohio, Sixth District, Lucas County. Elliot H. SAFERIN, M.D., Appellant, v. MALRITE COMMUNICATIONS GROUP, INC., et al., Appellees. No. L-99-1193. March 24, 2000. Frederic Pinkus, for appellant. Susan Grogan Faller and Jill Meyer Vollman, for appellees. DECISION AND JUDGMENT ENTRY

KNEPPER. *1 This is an appeal from the judgment of the Lucas County Court of Common Pleas granting summary judgment in favor of appellee, Malrite Communications Group, Inc., against appellant, Elliot H. Saferin, M.D. For the following reasons, we affirm the decision of the trial court. At all relevant times, Saferin was the president of Toledo Plastic Surgeons, Inc. (the corporation) and was the principal shareholder, holding fifty-one percent of the shares. On March 13, 1998, Saferin was present in court and entered a plea of guilty, on behalf of the corporation, pursuant to North Carolina v. Alford, to one count of falsification and two counts of insurance fraud. Pursuant to the plea agreement, the eleven felony counts, including insurance fraud, falsification, attempted insurance fraud, and attempted theft, pending against Saferin personally were dismissed. Under the direction and supervision of Grant Zalba, news director for WNOW-TV, Mike Costa, employee of appellee, covered the March 13, 1998 hearing where Saferin entered the plea. On the 6:00 p.m. news broadcast, the following was stated regarding the plea: He's been in trouble with the law before. Now Toledo plastic surgeon Elliot Saferin is pleading guilty to insurance fraud. The fifty-two year old Saferin will have to pay more than $60,000 in fines after admitting to charging Blue Cross-Blue Shield for plastic surgery he never performed. In 1996, a jury forced Saferin to pay three million dollars for sexually harassing two former employees. On May 15, 1998, Saferin filed a complaint against appellee, alleging defamation and/or slander per se. On July 20, 1998, appellee filed a motion for summary judgment asserting that Saferin's claims failed because the statements about which Saferin complained were substantially true, qualifiedly privileged, and a substantially accurate report about a court

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filing. After being granted extensions of time, Saferin eventually responded to appellee's motion on November 5, 1998. On May 13, 1999, the trial court granted appellee's motion for summary judgment. The trial court held that the essence of the statement made by appellee was substantially true and, therefore, dismissed Saferin's defamation action. It is from this judgment that Saferin appeals and raises the following assignments of error: ERROR NO. I THE TRIAL COURT ERRED IN RULING ON THE APPELLEE'S MOTION FOR SUMMARY JUDGMENT WHICH WAS THEIR RESPONSE OR OTHERWISE PLEAD TO THE APPELLANT'S COMPLAINT PURSUANT TO RULE 12(A) OF THE OHIO RULES OF CIVIL PROCEDURE AND WHEN IT WAS BARRED FROM FILING AS A MATTER OF LAW BECAUSE IT WAS UNTIMELY PURSUANT TO RULE 6(B) OF THE OHIO RULES OF CIVIL PROCEDURE. ERROR NO. II THE TRIAL COURT'S DECISION TO RULE ON THE APPELLEE'S MOTION FOR SUMMARY JUDGMENT PRIOR TO APPELLANT OBTAINING ANY DISCOVERY WHATSOEVER FROM THE APPELLEE WAS AN ABUSE OF DISCRETION. ERROR NO. III THE TRIAL COURT'S RULING AS TO THE SUBSTANTIAL TRUTH OR FALSITY OF THE STATEMENTS MADE BY THE APPELLEE WAS AN ISSUE OF FACT WHICH SHOULD HAVE BEEN DECIDED BY A JURY; THEREFORE BEING ERRONEOUS AS A MATTER OF LAW. *2 Upon reviewing the trial court's decision of the parties' motions for summary judgment, we must apply the same standard as the trial court. Lorain Natl. Bank v. Saratoga Apts. (1989), 61 Ohio App.3d 127, 129, 572 N.E.2d 198. Accordingly, summary judgment will be granted when there remains no genuine issue of material fact and, when construing the evidence most strongly in favor of the non-moving party, reasonable minds can only conclude that the moving party is entitled to judgment as a matter of law. Civ.R. 56(C). Saferin asserts in his first assignment of error that appellee failed to move, answer or otherwise plead by July 15, 1998, and, instead, moved and pled by filing a motion for summary judgment on July 20, 1998. Due to this late filing, Saferin asserts that appellee failed to comply with Civ.R. 6(B)(2). Moreover, because appellee's motion for summary judgment was untimely, Saferin asserts that the motion was barred from being addressed by the court. According to the record, on June 18, 1998, within the time period during which appellee was to respond, the parties agreed to an extension of time, until July 15, 1998, for appellee to move, answer or otherwise plead in response to Saferin's complaint. The appearance docket indicates that a second extension of time to answer complaint and discovery was granted until August 14, 1998; however, although noted on the appearance docket, it is not contained in the record. On July 20, 1998, appellee responded to Saferin's complaint by filing its motion for summary judgment. In his July 31, 1998 motion for

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extension of time to respond to appellee's motion for summary judgment, Saferin raised no objection to the timeliness of appellee's motion for summary judgment. In fact, Saferin never objected in the trial court that appellee's response to his complaint was untimely. Instead, after several extensions of time, Saferin responded to appellee's motion for summary judgment on November 5, 1998. Insofar as Saferin never objected to the timeliness of appellee's response to his complaint, at a time when such error could have been avoided or corrected, we find that he has waived his right to object to this alleged error on appeal. FN1 See Goldfuss v. Davidson (1997), 79 Ohio St.3d 116, 121, 679 N.E.2d 1099. Accordingly, we find appellant's first assignment of error not well-taken. FN1. We are concerned by the implication on the appearance docket that Saferin agreed to a second extension of time, until August 14, 1998, to allow appellee to respond, but then raised timeliness as an issue on appeal. Unfortunately, we do not have a copy of this second agreement in the file. Saferin argues in his second assignment of error that the trial court abused its discretion in ruling on appellee's motion for summary judgment before Saferin was able to conduct discovery. We disagree. On July 31, 1998, Saferin requested an extension of time, until November 3, 1998, to respond to appellee's motion and conduct discovery. Appellee opposed Saferin's request for additional time to respond to its motion for summary judgment and filed a request for protective order to stay any discovery until after the trial court ruled on the legal issues presented in appellee's motion. Appellee's motion to stay discovery was denied and Saferin was granted an extension of time until October 5, 1998 to respond to appellee's motion. Saferin was subsequently granted a final extension of time until November 5, 1998 to respond to appellee's motion for summary judgment. On November 5, 1998, Saferin filed his memorandum in opposition to appellee's motion for summary judgment. Appellee then filed a reply brief on November 17, 1998. The trial court entered its judgment granting appellee's motion for summary judgment and dismissing Saferin's complaint on May 13, 1999. *3 At no time did Saferin file notices of deposition, motions for further extensions of time, or motions to compel appellee to respond to discovery requests. Accordingly, we find that the trial court did not abuse its discretion in ruling on appellee's decisional summary judgment motion. Saferin's second assignment of error is therefore found not well-taken. In his third assignment of error, Saferin argues that the trial court erred in granting summary judgment because genuine issues of material fact existed concerning the truth or falsity of statements made by appellee. We disagree. Summary judgment is appropriate in defamation actions because the determination of whether words are defamatory or not is a question of law to be decided by the court. Vail v. The Plain Dealer Publishing Co. (1995), 72 Ohio St.3d 279, 649 N.E.2d 182. To

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survive a motion for summary judgment in a defamation action, the plaintiff must make a sufficient showing of the existence of every element essential to his or her case. The elements of a common-law defamation claim, which includes both libel and slander, are: (1) a false and defamatory statement concerning another; (2) an unprivileged publication of the statement to a third party; (3) fault amounting to at least negligence on the part of the publisher; and (4) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication. Akron-Canton Waste Oil, Inc. v. Safety-Kleen Oil Serv., Inc. (1992), 81 Ohio App.3d 591, 601, 611 N.E.2d 955; Restatement of the Law 2d, Torts (1977) 155, Section 558. See, also, Bruss v. Vindicator Printing Co. (1996), 109 Ohio App.3d 396, 399, 672 N.E.2d 238.FN2 FN2. Bruss, supra at 399, 672 N.E.2d 238, states that, in order to establish a claim of defamation, a plaintiff must show: (1) a false statement of fact was made concerning him or her; (2) the statement was defamatory; (3) the statement was written; (4) the statement was published; [and] (5) in publishing the statement, the defendant acted [with] the requisite degree of fault. Material falsity is an essential element of defamation. Bruss, supra at 400, 672 N.E.2d 238, citing New York Times Co. v. Sullivan (1964), 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686. As such, in defending against a defamation action, it is sufficient for the defendant to show that the imputation is substantially true, or as it is often put, to justify the gist, the sting, or the substantial truth of the defamation. National Medic Services Corp. v. E.W. Scripps Co. (1989), 61 Ohio App.3d 752, 755, 573 N.E.2d 1148, citing Prosser, Law of Torts (4 Ed.1971) 798-799, accord Bruss, supra. In this case, it is clear that the newscast was technically inaccurate; however, the issue is not whether the report was accurate, but whether it was substantially true. In considering what constitutes substantially true, appellee cites to three cases that are analogous to the instant case. In Bruss, 109 Ohio App.3d 396, 672 N.E.2d 238, the court reviewed statements contained in a newspaper report regarding nude dancers at a certain establishment. The prosecutor filed a nuisance complaint against the establishment and certain employees, including the plaintiff, alleging that certain employees engaged in nude dancing for the purposes of lewdness, assignation or prostitution. An article appeared in the local newspaper that stated, * * * Also charged but not arrested * * * was the plaintiff, who was also named as [a defendant] in today's complaint. The plaintiff sued the newspaper and asserted that the article falsely implied that she had been charged with criminal conduct, i.e., prostitution. In awarding the defendant summary judgment, the Bruss court concluded that the article was substantially true because it properly reported that the prosecutor had averred that the dancers had engaged in lewdness, assignation or prostitution. Additionally, the court concluded that the meaning of the term charged was not restricted to formal criminal charges, but could also mean accused. *4 In Hauck v. Gannet Corp. (Mar. 20, 1998), Hamilton App. No. C-970171, unreported, the court reviewed statements in a newspaper article which inaccurately reported that a real estate developer was bankrupt. Actually, a partnership in which the

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developer was a general partner had filed for bankruptcy and secured creditors had instituted foreclosure proceedings against partnership property. The developer's son, however, stated during the bankruptcy proceedings that the developer and he were insolvent. This insolvency was confirmed by the developer's federal income tax returns. Accordingly, the Hauck court concluded that the inaccurate statements about the developer's deplorable financial state were substantially true and awarded the defendant summary judgment. In Horvath v. The Telegraph (Mar. 8, 1982), Lake App. No. CA-8-175, unreported, the court reviewed statements in a newspaper article which stated that George Horvath had been accused of funneling illegal drug funds through a business called Horvath Service. Actually, there were two George Horvaths, father and son. The son had been accused of the illegal drug activity. However, the plaintiff, father, was the owner of the business. Despite the inaccurate implication of the article, the Horvath court concluded that the gist or the sting of the article was substantially true because the reporter had been told from a couple of law enforcement officials that drug money was being funneled through the business. In rebuttal, Saferin argues that Young v. The Morning Journal (1996), 76 Ohio St.3d 627, 669 N.E.2d 1136, and Fish v. Heatherdowns Country Club Assn. (June 7, 1991), Lucas App. No. L-90-002, unreported, govern this action. We find that these cases are distinguishable and therefore inapplicable to this action. In Young, rather than addressing the falsity element of a defamation claim and the substantial truth doctrine, the court discussed the privilege that arises from R.C. 2317.05, which concerns the publication of a fair and impartial report of any court document. The Young court denied summary judgment because the inaccuracies in the report raised a question about whether the report was substantially accurate making it impossible for reasonable minds to reach but one conclusion. '' Young at 628, 669 N.E.2d 1136. The report in this case, however, was not based on a document, but rather the March 13, 1998 plea hearing. Thus, the holding in Young is not applicable to this case. *5 Fish is also inapplicable. In that case, we held that because there was conflicting testimony regarding the actual truth underlying the allegedly defamatory statements, the trier of fact would have to resolve the factual disputes before it could be determined whether the statements were defamatory. Unlike Fish, the material facts are not in dispute, all pertinent facts are stated in the transcript of the court hearing. Despite the inaccuracies in appellee's report, we find that the report was substantially true. Saferin alleged that he was defamed by the statements that he pled guilty to insurance fraud and that he would have to pay more than $60,000 in fines after admitting to charging Blue Cross-Blue Shield for plastic surgery he never performed. With respect to the statement, Now Toledo plastic surgeon Elliot Saferin is pleading guilty to insurance fraud, there is no dispute that Saferin pled guilty on behalf of the corporation. However, given the fact that Saferin was the president, one of only two shareholders, the principal shareholder, the surgeon who performed the acts that led to

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the corporation's insurance fraud, and was physically present in court entering the plea, we find that the statement is substantially true. We next turn to the statement, The fifty-two year old Saferin will have to pay more than $60,000 in fines after admitting to charging Blue Cross-Blue Shield for plastic surgery he never performed. At the hearing, defense counsel for both Saferin and the corporation observed that due to the corporation's present financial situation, Saferin personally would bear the burden of the resulting financial obligations, which included $11,000 for investigative costs, $22,421.82 for restitution, and $25,000 in fines, plus an undetermined amount in court costs. Additionally, the state represented that on the date of the hearing, the checks issued as part of the settlement came from an education fund, because corporate funds were frozen, and that it remain[ed] to be seen whether or not that money [was] actually going to end up coming out of that fund or whether or not Dr. Saferin [would] actually be personally liable for this amount of any fines. Based on the foregoing, even though there were actually only $25,000 in actual fines, we find that it was substantially true that Saferin would have to pay more than $60,000 as a result of the plea agreement. Finally, we turn to the statement that Saferin admitted to charging Blue Cross-Blue Shield for plastic surgery he never performed. It is true that Saferin never engaged in the charging-for-work-never-performed variety of insurance fraud. However, we agree with the trial court that R.C. 2913.47(B) and (C), the offense and penalty sections for insurance fraud, make no distinction between varieties of insurance fraud or penalties imposed. Hence, statutorily, no type of insurance fraud is any more egregious than any other type. We therefore find that the report's characterization of the type of insurance fraud to which Saferin pled, on behalf of the corporation, was a distinction without a difference and did not rise to the level of falsity required for a defamation action. *6 Accordingly, we find that no genuine issues of material fact exist and find that summary judgment was appropriately granted. We therefore find Saferin's third assignment of error not well-taken. On consideration whereof, the court finds substantial justice has been done the party complaining and the judgment of the Lucas County Court of Common Pleas is affirmed. Appellant is ordered to pay the court costs of this appeal. JUDGMENT AFFIRMED. A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98. HANDWORK and SHERCK, JJ., and KNEPPER, P.J., concur.

Ohio App. 6 Dist.,2000. Saferin v. Malrite Communications Group, Inc.

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LEXSEE 2002 OHIO 3200 THOMAS STRUSSION, et al., Appellants v. AKRON BEACON JOURNAL PUBLISHING CO., et al., Appellees C.A. No. 20833 COURT OF APPEALS OF OHIO, NINTH APPELLATE DISTRICT, SUMMIT COUNTY 2002 Ohio 3200; 2002 Ohio App. LEXIS 3212; 30 Media L. Rep. 1948

June 26, 2002, Decided PRIOR HISTORY: [**1] APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO. CASE No. CV 00 10 4848. DISPOSITION: Judgment affirmed. This cause was heard upon the record in the trial court. Each error assigned has been re viewed and the following disposition is made: BATCHELDER, Judge. [*P1] Appellants, Thomas Strussion, Donna Strussion Abrams, and Ronald Strussion ("the Strussions"), appeal from the decision of the Summit County Court of Common Pleas, granting summary judgment to appellees, Belmont County, Ohio, Belmont County Commis sioners, Michael C. Bianconi, Charles R. Probst, Anita H. Wiley, Belmont County De partment of Jobs and Family Services, and Wayne Pielech (collectively referred to herein after as the "Belmont County appellees"), as well as the Akron Beacon Journal [**2] Pub lishing Company, Janet Leach, and Jon Craig (collectively referred to as the "Beacon Journal appellees"). We affirm. I. [*P2] On October 30, 2000, the Strussions filed a complaint alleging, among other claims, defamation, invasion of privacy, and a Section 1983, Title 42, U.S.Code ("Section 1983") claim. In their complaint, the Strussions alleged that, as part of their father's Medicaid applica tion process, private information was provided

COUNSEL: JOHN F. MYERS, Attorney at Law, Akron, Ohio, for Appellants. RONALD S. KOPP and ALISA LABUT WRIGHT, Attorneys at Law, Akron, Ohio, for Appellees. DOUGLAS C. BOATRIGHT, Attorney at Law, Columbus, Ohio, for Appellees. JUDGES: WILLIAM G. BATCHELDER, Judge. BAIRD, P. J., CONCURS. CARR, J., CONCURS IN PART, AND DISSENTS IN PART. OPINION BY: WILLIAM G. BATCHELDER OPINION DECISION AND JOURNAL ENTRY Dated: June 26, 2002

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to the Belmont County Department of Job and Family Services, a department that works with the Board of Commissioners and Belmont County to administer the Medicaid program. They further alleged that the Belmont County appellees caused the confidential information to be released to Mr. Craig, a reporter for the Ak ron Beacon Journal Publishing Company (the "Beacon Journal"). This release, they alleged, led to an article that was published by the Bea con Journal on November 1, 1998. [*P3] In the article at issue, the Beacon Journal reported that the Human Services Chief from Belmont County, Chester Kalis, had been appointed to a job with the state, in spite of the fact that there was a federal investigation into his county department's [**3] handling of Medicaid cases. The article covered references used by Mr. Kalis and mentioned details about his new position. The article also mentioned that, at the same time that Mr. Kalis had been appointed to the new position, the Belmont County Sheriff's Department and the FBI were investigating several Medicaid cases in the county, one such case involving the Strussion family. The article, in pertinent part, reported: [*P4] "According to county sources and human services re cords, one case being investigated involves the transfer of assets to three children of Alphonse Strussion, the 82-year-old grandfather of insurance-industry lobbyist Thomas Strussion [, son of appel lant Thomas Strussion, Sr.]. [*P5] "*** [*P6] "Documents show the assets in question include $ 25,323 in bank accounts closed in 1994 and proceeds from a Bellaire home that was transferred to family members in 1993. The home was resold last spring - or within three

years of [Alphonse] Strussion's ap proval for Medicaid in 1995. [*P7] "According to county records, one of the Strussion chil dren provided the county human services department with notes saying some of the assets were used for [**4] their mother's fu neral. [*P8] "Federal law requires strict control over the distribution of assets to family members when a relative applies for subsidized medical or nursing home care. Sources within Belmont County government said it was widely known that [Alphonse] Strussion had significant assets when he and his late wife, Adeline, were ap proved for Medicaid. [*P9] "Thomas Strussion Sr., reached at his family flower shop on Friday, said he has not been contacted by any investigators. 'I haven't heard anything like that. Not at all. There's a lot of mudslinging down here. It's news to me.' [*P10] "Alphonse Strussion's daughter, Donna Abrams of Reynoldsburg, said she was unaware of the investigation and she has no comment. A third sibling, Ronald, could not be reached for comment last week."

[*P11] The article also reported informa tion pertaining to Mr. Kalis, including the fact that he was no longer employed with Belmont County and also the fact that people had been aware of the investigation when he was hired for the new position.

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[*P12] With regard to the Strussions' complaint, the Belmont County appellees filed a motion for summary judgment on [**5] June 28, 2001. On June 29, 2001, the Beacon Jour nal appellees also filed a motion for summary judgment. The Strussions filed a brief in oppo sition to the motions for summary judgment on July 30, 2001. They supplemented the motion in opposition on August 9, August 30, and Sep tember 19, 2001. The Belmont County appel lees replied in support of their motion for summary judgment on August 15, and Septem ber 21, 2001. The Beacon Journal appellees replied in support of their motion for summary judgment on August 15, August 16, and Sep tember 21, 2001. On October 2, 2001, the trial court granted the motions for summary judg ment. This appeal followed. II. [*P13] The Strussions assert three assign ments of error. We will discuss each in turn. As relevant to the assignments of error, pursuant to Civ.R. 56(C), summary judgment is proper if: [*P14] "(1) No genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence most strongly in favor of the party against whom the motion for summary judgment is made, [**6] that conclusion is adverse to that party." Temple v. Wean United, Inc. (1977), 50 Ohio St. 2d 317, 327, 4 Ohio Op. 3d 466, 364 N.E.2d 267.

ing the same standard used by the trial court. McKay v. Cutlip (1992), 80 Ohio App. 3d 487, 491, 609 N.E.2d 1272. The party seeking sum mary judgment initially bears the burden of in forming the trial court of the basis for the mo tion and identifying portions of the record demonstrating an absence of genuine issues of material fact as to the essential elements of the nonmoving party's claims. Dresher v. Burt (1996), 75 Ohio St. 3d 280, 293, 662 N.E.2d 264. The movant must point to some evidence in the record of the type listed in Civ.R. 56(C) in support of his motion. Id. Once this burden is satisfied, the nonmoving party has the burden, as set forth in Civ.R. 56(E), to offer specific facts showing a genuine issue for trial. Id. The nonmoving party may not rest upon the mere allegations and denials in the pleadings but in stead must point to or submit some evidentiary material that shows a genuine dispute over the material facts [**7] exists. Henkle v. Henkle (1991), 75 Ohio App. 3d 732, 735, 600 N.E.2d 791. A. First Assignment of Error [*P16] "THE TRIAL COURT ERRED IN FINDING THAT THE NOVEMBER 1, 1998 AKRON BEACON JOURNAL ARTICLE WAS NOT DEFAMATION PER SE."

[*P15] Appellate review of a lower court's entry of summary judgment is de novo, apply-

[*P17] In their first assignment of error, the Strussions assert that the trial court erred when it granted summary judgment on the defamation claims in favor of the Beacon Jour nal appellees because, upon reviewing the evi dence submitted by the parties, there exists a genuine issue of material fact as to whether the statements made in the Beacon Journal article were defamation per se. Further, the Strussions assert that, with regard to this element, a genu-

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ine issue of material fact also remains as to whether the Strussions demonstrated that the statements at issue caused them special dam ages. We disagree [*P18] To prevail in a defamation case, a plaintiff who is a private person must prove five elements: "(1) a false and defamatory statement, (2) about plaintiff, (3) published without privilege to a third party, (4) with fault of at least negligence on the part of the defen dant, and (5) that was either [**8] defamatory per se or caused special harm to the plaintiff." Gosden v. Louis (1996), 116 Ohio App. 3d 195, 206, 687 N.E.2d 481. Written defamation is referred to as libel; spoken defamation is re ferred to as slander. Id. There are two types of defamation, and, consequently, two types of libel. Id. [*P19] "Defamation per se occurs when material is defamatory on its face; defamation per quod occurs when material is defamatory through interpretation or innuendo. Written matter is libelous per se if, on its face, it re flects upon a person's character in a manner that will cause him to be ridiculed, hated, or held in contempt, or in a manner that will injure him in his trade or profession." (Citations omit ted.) Id. at 206-07. [*P20] When not ambiguous, whether a writing is libelous per se is a question of law for the trial court to determine. Id. at 207; see, also, Matalka v. Lagemann (1985), 21 Ohio App. 3d 134, 136, 21 Ohio B. 143, 486 N.E.2d 1220. [*P21] Generally, "where statements are libelous per se, the existence of some damage will be presumed and thus the plaintiff is not required to plead and prove special [**9] dam ages." Jones v. White (Oct. 15, 1997), 1997 Ohio App. LEXIS 4636, 9th Dist. No. 18109. "'In an action for libel per quod *** the plain tiff has the burden to plead and prove special damages.'" (Omission sic.) Stokes v. Meimaris (1996), 111 Ohio App. 3d 176, 184, 675 N.E.2d

1289, quoting Thomas H. Maloney & Sons, Inc. v. E.W. Scripps Co. (1974), 43 Ohio App.2d 105, 107-08, 72 Ohio Op. 2d 313, 334 N.E.2d 494. Special damages are damages of such a nature that they do not follow as a necessary consequence of the complained injury. Gennari v. Andres-Tucker Funeral Home, Inc. (1986), 21 Ohio St. 3d 102, 106, 21 Ohio B. 395, 488 N.E.2d 174. Further, special damages are damages that "'result from conduct of a per son other than the defamer or the one defamed[.]'" Bigelow v. Brumley (1941), 138 Ohio St. 574, 594, 21 Ohio Op. 471, 37 N.E.2d 584, quoting 3 Restatement of the Law, Torts 185, Section 575, Comment b. [*P22] In this case, the trial court deter mined that the Strussions had failed to establish the fifth element, holding that, first, the article did not amount to libel per se and, second, that there was no evidence presented to demonstrate that the Strussions suffered special damages. [**10] 1 With regard to whether the article was libel per se, the Strussions assert that the article was tantamount to an allegation that they had committed Medicaid fraud, insinuating that the family may have hid assets so that Alphonse Strussion could qualify for Medicaid benefits. 1 The Strussions have not assigned as error the trial court's determination that any defamation claims brought against Mr. Craig individually were untimely. [*P23] The Beacon Journal article per tained to the appointment of Mr. Kalis to a po sition in the state government, in spite of the fact that there was a federal investigation into the county department's handling of Medicaid cases during the time that he served as Belmont County's Director of Human Services. On its face, the article reported an investigation into the administration of Medicaid benefits in Belmont County. The statements, as they relate to Thomas Strussion, Donna Strussion Abrams, and Ronald Strussion, do not accuse them of Medicaid Fraud; rather, the article states [**11]

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that one of the children provided the county department with notes indicating that a portion of the assets were used for funeral expenses and, further, that each person, when contacted, did not indicate any knowledge of an investiga tion into their father's Medicaid approval. [*P24] Merely reporting that an investiga tion was being conducted into the transfer of assets to the parties at issue does not, on its face, make accusations of Medicaid fraud on the part of Thomas Strussion, Donna Strussion Abrams, and Ronald Strussion. The statements at issue require interpretation and innuendo and thus, if libelous at all, are libelous per quod. Moreover, though not raised by the Strussions, there is not an imputation of criminal conduct to Thomas Strussion, Donna Strussion Abrams, or Ronald Strussion. If there is any imputation of criminal conduct, it could only be construed as being directed toward individuals other than the appellants. The appellants were not accused of knowingly participating in any potentially fraudulent application process; rather, they were portrayed as being cooperative with the department by providing information that a portion of the assets were used for funeral [**12] expenses and as not having any knowl edge of an investigation taking place. Conse quently, as there is no genuine issue of material fact, the trial court did not err in finding that the article was libel per quod for which special damages must be shown. [*P25] With regard to special damages, the Strussions assert that, by alleging that they had injuries which included pain, suffering, an guish, humiliation, and embarrassment, they have provided sufficient evidence of damages to raise a genuine issue of material fact. [*P26] In support of their motion for summary judgment, the Beacon Journal appel lees asserted that the Strussions had not estab lished special damages. The moving party pointed to Thomas Strussion's deposition in which he stated that his flower shop business had shown a general decline for the past five

years and that, consequently, he could not say to what degree the article had hurt his business. The moving party also pointed to Ronald Strussion's deposition in which he commented that it was hard to measure how he had been damaged by the article. [*P27] In response to the summary judg ment motion, in support of their assertion that they had suffered special [**13] damages, the Strussions pointed to Thomas Strussion's depo sition. In the deposition, he stated that business at his shop is not the same as it used to be, re ferring to the fact that the shop was located in an economically depressed area and also to his belief that the article could not have been help ful to the economic outlook of his store. The Strussions also pointed to Ronald Strussion's deposition in which he stated that the article was personal to him because it involved his family and that anything that affected his fam ily also affected him. Finally, the Strussions pointed to Donna Strussion Abrams' deposition. In her deposition, she stated that she was hu miliated because the people she worked with knew her maiden name and knew about the ar ticles. She also expressed concern for her fa ther's welfare. [*P28] The Strussion's allegations do not indicate any damage which has been the result of conduct of a third party, a person other than the defamer or the one defamed. See Bigelow, 138 Ohio St. at 594. At most, the allegations indicate that the Strussions were apprehensive that a potential third party could or might alter their relations toward them either as [**14] individuals or as business owners. There is no concrete allegation that any third party did in fact alter their relations with the Strussions or that their pain, suffering, anguish, humiliation, and embarrassment were in any way the result of a third party's actions. [*P29] Construing the evidence most strongly in favor of the Strussions, there is no genuine issue of material fact regarding the fifth element, requiring either a statement that

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is defamatory per se or special damages, and the Beacon Journal appellees were entitled to judgment as a matter of law with regard to this claim. Therefore, the trial court properly granted summary judgment on the defamation claim. The Strussions' first assignment of error is overruled. B. Second Assignment of Error [*P30] "THE TRIAL COURT ERRED IN FINDING THAT THE DOCUMENTS TRANSFERRED TO JON CRAIG WERE NOT PROVED TO BE PART OF ALPHONSE STRUSSION'S MEDICAID FILE."

matter was not addressed by the trial court. Any argument that may be raised in this assignment of error regarding this issue is not properly before this court. See, generally, Poinar v. Richfield Twp. (Aug. 22, 2001), 2001 Ohio App. LEXIS 3670, 9th Dist. Nos. 20383 & 20384. [**16] [*P32] To recover for the tort of invasion of privacy by publication of private facts, the following elements must be shown: (1) that there has been a public disclosure; (2) that the disclosure was of facts concerning the private life of an individual; (3) that the matter disclosed would be highly offensive and objec tionable to a reasonable person of ordinary sen sibilities; (4) that the disclosure was inten tional; and (5) that the matter publicized was not of legitimate concern to the public. Killilea v. Sears, Roebuck & Co. (1985), 27 Ohio App. 3d 163, 166-67, 27 Ohio B. 196, 499 N.E.2d 1291; see, also, Early v. The Toledo Blade (1998), 130 Ohio App. 3d 302, 342, 720 N.E.2d 107. [*P33] In their motion for summary judg ment, the Beacon Journal appellees argued that the Strussions' invasion of privacy claim must fail because the matter publicized, namely the investigation into the administration of Medicaid benefits during the time that Mr. Kalis served as Belmont County's Director of Human Services, was of legitimate concern to the pub lic. In the motion, the Beacon Journal appellees provided factual information and asserted that, upon receiving documents [**17] relating to Alphonse Strussion's Medicaid application from an anonymous source, Mr. Craig con ducted an investigation and verified the infor mation he was given. The Beacon Journal ap pellees pointed to an affidavit of Mr. Craig in which he stated that, in addition to the docu ments that he received, he relied upon other public records and information received from additional sources to verify the accuracy of his story.

[*P31] In their second assignment of error, the Strussions assert that the trial court erred in granting summary judgment in favor of the Beacon Journal appellees on the invasion of privacy by publication claim because a genuine issue of material [**15] fact remained for trial. 2 We disagree. 2 The Strussions do not assign as error the trial court's decision to grant sum mary judgment in favor of the Belmont County appellees with regard to the inva sion of privacy claims. It appears that, in the present appeal, the Strussions may be asserting a statutory claim, pursuant to R.C. 5101.27, against the Belmont County appellees for an alleged release of information. The Strussions' complaint was silent as to any allegations of statu tory violations and no amended com plaint was filed. Further, the Strussions first raised the statutory issue in their brief in opposition to the motion for summary judgment; thereafter, the appel lees did not respond to the possible alle gation of a statutory violation and the

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[*P34] In support of their assertion that the investigation was of public concern, the Beacon Journal appellees pointed to Mr. Craig's affidavit and deposition. In these items, Mr. Craig stated that, prior to the article ap pearing in the Beacon Journal newspaper, an article was published in The Times Leader newspaper addressing the fact that an investiga tion was being conducted into both the Belmont County Human Services Department and Mr. Kalis' service as the director for the department. Appellees also pointed to a portion of the depo sition in which Mr. Craig stated that sources had told him that the FBI and the Belmont County Sheriff's Department were investigating the administration of Medicaid files, including Alphonse Strussion's file. [*P35] In their [**18] brief in opposition to the Beacon Journal appellees' motion for summary judgment, the Strussions conceded that the matter regarding an alleged Medicaid fraud investigation of the Strussions was of public concern. However, they appeared to ar gue, in essence, that the portion of the article addressing the transfer of assets was a matter so private to the Strussions that it could not be considered a matter of public concern. 3 Spe cifically, they asserted that the matter could not be of public concern because the information came from their father's Medicaid file. In sup port of this assertion, they pointed to Mr. Craig's affidavit in which he stated that he had attached, as exhibits to his affidavit, documents maintained by the Belmont County Department of Jobs and Family Services and that he had used such documents to prepare his story. 3 With regard to their assertion that the portion of the article addressing the transfer of assets was a matter so private that it could not be of public concern, the Strussions specifically excluded the issue of the house transfer and, thus, implicitly left only the issue of the amount of money in the bank accounts.

[**19] [*P36] After reviewing the evi dence, it is apparent that there is no evidence that the investigation into the administration of Medicaid benefits was not a legitimate matter of public concern. The Beacon Journal appel lees pointed to Mr. Craig's affidavit and deposi tion in which he provided information that he had learned with regard to an investigation that was occuring prior to writing the article. While the Strussions argued that a portion of the arti cle was based upon their father's Medicaid file and, consequently, concerned such a private matter that it could not be considered to be of public concern, the Beacon Journal appellees and Mr. Craig, in his affidavit, asserted that, not only did Mr. Craig receive and use the documents that he had attached as exhibits, but also that he was able to verify the story through the use of additional sources and other public records. Construing the evidence most strongly in favor of the Strussions, nothing in the record indicates that the information contained in the article concerning the transfer of assets was not part of the public record and certainly does not support the Strussions' assertion that the matter was so private to them [**20] that it could not be considered a matter of public concern. [*P37] There being no genuine issue of material fact on the issue of whether the inves tigation of fraud in the Medicaid administration in Belmont County was a matter of legitimate concern to the public, the Strussions' assigned error is without merit. The second assignment of error is overruled. C. Third Assignment of Error [*P38] "THE TRIAL COURT ERRED IN FINDING THAT PLAINTIFFS FAILED TO DEMONSTRATE THAT THE BELMONT COUNTY DEPARTMENT OF JOB AND FAMILY SERVICES DID NOT MAINTAIN THE STRUSSION

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MEDICAID CONFIDENCE."

FILE

IN

[*P39] In their third assignment of error, the Strussions assert that the trial court erred in granting summary judgment in favor of the Belmont County appellees on the Section 1983 claim because a genuine issue of material fact remained for trial. Specifically, the Strussions assert that there was a genuine issue of material fact as to whether the alleged release of confi dential information occurred when the Belmont County appellees were acting under color of state law arising through the custom, practice, and policy of the Belmont County Department of Job and Family [**21] Services. We dis agree. [*P40] "The essence of a claim under Sec tion 1983 is that a claimant has been deprived of a right secured by federal law." Breeding v. Bd. of Trustees of German Twp. (Nov. 16, 2001), 2001 Ohio App. LEXIS 5144, 2nd Dist. No. 18760. To recover under Section 1983, the initial inquiry must focus on whether two es sential elements are present: (1) whether the conduct complained of was committed by a person acting under color of state law; and (2) whether this conduct deprived a person of rights, privileges, or immunities secured by the Constitution or laws of the United States. Id., citing to 1946 St. Clair Corp. v. Cleveland (1990), 49 Ohio St. 3d 33, 34, 550 N.E.2d 456. [*P41] In a Section 1983 action, the phrase "under color of state law" means that the defendant exercised power possessed by virtue of state law and which was made possible only because the defendant was clothed with the au thority of state law. Johnson v. Morris (Dec. 13, 1993), 1993 Ohio App. LEXIS 6018, 4th Dist. No. 93CA1969. Specifically, [*P42] "[a] governmental entity cannot be liable under Section 1983 based solely on the doctrine

of respondeat superior. Section 1983 liability may be based on [**22] conduct that was expressly authorized by the entity. The entity may also be liable under Section 1983 for the deprivation of a con stitutional right when the depriva tion arises from a governmental 'custom' or 'policy.' Additionally, the governmental entity may be li able under Section 1983 for harm caused by a specific unauthorized disclosure if the entity had failed to investigate previous similarly harmful and unauthorized disclo sures." (Citations omitted.) Pa trolman "X" v. Toledo (1999), 132 Ohio App. 3d 374, 398, 725 N.E.2d 291.

[*P43] In their motion for summary judg ment, the Belmont County appellees asserted that they had no personal involvement in the conduct which resulted in the alleged violation, arguing that the theory of respondeat superior alone was insufficient to support the Section 1983 claim. In support of their motion, they pointed to Donna Strussion Abrams' deposition in which she stated that she believed that the Belmont County Commissioners must have been aware of the release of information in her father's file due to their positions of power and the fact that people with such responsibility should be conscious of what happens to the county's [**23] Medicaid files. [*P44] Also, in support of their motion for summary judgment, the Belmont County appel lees pointed to Thomas Strussion's deposition in which he mentioned possible parties that could have been involved and stated that he tried to trace the history of the location of his father's Medicaid file. Mr. Strussion also stated that he had not figured out who released the confidential information but that he had nar-

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rowed it down to several people who may have been responsible. He then clarified that he knew that it must have been someone with ac cess to the file but explained that he did not know how many people had access to the Medicaid files. The Belmont County appellees also pointed to the deposition of Ronald Strussion. In such deposition, Ronald Strussion dis cussed several people whom he believed could have acted in concert to release confidential information pertaining to his family. He ex plained that he did not know who released the information and that he did not have any proof that any particular person committed a viola tion. [*P45] In response to the summary judg ment motion, the Strussions argued that, in spite of the fact that the Belmont County De partment [**24] of Job and Family Services is required to safeguard the confidentiality of Medicaid files, a custom and practice was adopted that allowed the files to be left in unse cured locations. In support of this allegation, the Strussions asserted that two named employ ees were not provided with secure storage areas for the Medicaid files that they were using. The Strussions also suggested a way in which the confidentiality of the files could be improved. In opposing the motion for summary judgment, the Strussions did not point to any portions of the record in support of their allegations but, rather, generally stated that the Belmont County Department of Job and Family Services adopted policies that did not ensure confidenti ality. [*P46] Construing the evidence most strongly in favor of the appellants, we conclude that a reasonable jury could not find that a cus tom, practice, or policy of the Belmont County appellees led to a deprivation of a federal right. There being no genuine issue of material fact that the conduct complained of was committed by the Belmont County appellees acting under color of state law, the trial court properly granted summary judgment on the Section 1983

claim. [**25] The Strussions' third assignment of error is overruled. III. [*P47] The Strussions' assignments of er ror are overruled. The judgment of the Summit County Court of Common Pleas is affirmed. Judgment affirmed. The Court finds that there were reasonable grounds for this appeal. We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27. Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E). The Clerk of the Court of Appeals is in structed to mail a notice of entry of this judg ment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30. Costs taxed to Appellants. Exceptions. WILLIAM G. BATCHELDER FOR THE COURT BAIRD, P. J. CONCURS DISSENT BY: CARR DISSENT CARR, J. CONCURS IN PART, AND DISSENTS IN PART, SAYING:

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[*P48] [**26] I respectfully dissent from the majority's disposition of the first assignment of error since the article imputed the

crime of Medicaid fraud, and special damages are not required when a crime is imputed. Restatement of the Law 2d, Torts, Section 569(d).