Free Reply Brief - District Court of Delaware - Delaware

Case 1:04—cv—01306-GI\/IS Document 74-2 Filed 12/08/2005 Page1 0f4

Case1:O4—cv-01306-GIVIS Document 74-2 Fi|ed12/08/2005 Page20f4
MICHAEL D. KA`|Z, M.D.
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P 1 UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE g
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3 g *
CATHERINE B. LAAG, a minOr, : TRANSCRIPT OE
4 by her Parent and Natural : PROCEEDINGS g
Guardian, JOHN LAAG and : Q
5 JOHN LAAG, Individually and : E
In his Own right, : . §
6 : §
Plaintiff, : §
7 v. . : g —
8 EDWARD J. CULLEN, JR., D.O.,: .
JAMES HERTZOG, M.D., and :
9 NEMOURS FOUNDATION a/b/a ; §
A.I. DUPONT HOSPITAL FOR : I
10 CHILDREN, a Delaware : · §
COrpOratiOn, : g
All ; g
y~.{ Defendants.: g
I 12 ···—·········· I
Tuesday, OctOber 25th, 2005 g
l3 ————————————-— g
l5 Pretrial examination Of MICHAEL D. KATZ, A g
l6 M.D., held at the Offices Of MICHAEL D. KATZ, E A
17 M.D., 77 PrOspect Avenue, Suite IK, Hackensack, Q 7
18 New Jersey, On the abOve befOre DONNA E. KELLS, a g —
19 Certified ShOrthand Repcrter and NOtary Public Of Q .
20 the State Of New Jersey. é 2
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22 ——-——————————— 4 .
CORBETT & ASSOCIATES
23 1400 NOrth French Street 5
P.O. sax 25085 § T
d" ``'O *24 Wilmingten, Delaware l9899 E
302—571—O51O §
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Case 1:04—cv—01306-GIVIS Document 74-2 Filed 12/08/2005 Page 3 of 4 .
MICHAEL D. KATZ, M.D. .
_ ti ` Page 61 E
* 1 A. l'm sorry. E
2 MR. HUNN: Where are you reading from? g 8
3 l'm sorry. é {
4 A. I don't see that. e
5 MR. HUNN: Page 1577. 8
6 A. Do I agree with that? I don't agree i
7 with it necessarily. l
8 Q. I think I may have asked this. If I 4
9 did, I apologize. g g
10 Do you have any study or article that i
11 states otherwise? E r
E12 U A. No, just personal and ethical beliefs.
‘}l3 Q. What do you mean ethical beliefs?
14 A. Well, I believe that the study of pain
15 specifically, you know, some of the clinical
16 research l've done speaks to the concept of we E p
17 don't know. In other words, I think that there's g
18 a concept, for example, in surgery. When patients W
19 are under general anesthesia everyone assumes that
20 they can hear what the doctors are talking about. (
21 I think especially over the last decade in an j
22 operating room people have become very careful i
23 about what they say because there is an issue V g
24 whether leaving someone that underwent anesthesia g A
25 can understand what we talk about. E
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Case 1:04—cv—01306-GIVIS Document 74-2 Filed 12/08/2005 Page 4 of 4 .
MICHAEL D. KATZ, M.D.
4 `E ` l Page 62
‘ 1 I think the same concept occurs for g
2 individuals in persistent vegetative state. By
3 ethical, I mean that I have to assume, even though *
4 there is some evidence to the contrary, that these e
5 children and these adults have modesty and they
6 feel pain. g
7 So I think if the concept is unclear I k
8 have to assume that they feel pain. So when I I
9 treat them I treat them the same way as I would g t
10 treat an individual who was not in a persistent t
11 vegetative state.
V _112 In other words, I take all reasonable
‘}13 precautions to minimize the pain and discomfort I
14 when I do any sort of treatment to them. For
15 example, I put Emla cream, which is cream that
16 numbs their hand or numbs their skin when I take _
17 blood or do something like that. I think that's _
18 just an issue of respect for these individuals in
19 PVS. i
l 20 Q. Did you say that since you don't know g y
21 if they can feel pain or not that you perform acts E I
22 like that? E
23 A. What I'm saying is, it is not clear. ;
24 Medically doctors should, and in general that's E 5
25 pretty much a standard of care. We have to assume d
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