Exhibit A (Dr. Hany Hannallah Deposition)
Case 2:04-cv-00259-EHC-DKD
Document 58-2
Filed 04/04/2008
Page 1 of 11
040408HH
SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY
DAMES JOHN HADGES,
Plaintiff,
vs.
)
) NO. CV-04-0259-PHX-EHC(DKD)
MARICOPA COUNTY, et al.,
Defendants. )
)
TELEPHONIC DEPOSITION OF HANY HANNALLAH,
scottsdale, Arizona April 4, 2008
By:
Certified Reporter Certificate No. 50260
MARY BARRY,
RPR,
CRR
Prepared for:
THE COURT
INDEX TO EXAMINATIONS
Page 1
Case 2:04-cv-00259-EHC-DKD
M.D.
Document 58-2
Filed 04/04/2008
Page 2 of 11
2
3
WITNESS
HANY HANNALLAH, M.D.
040408HH
PAGE
4 5
6 7
Examination by Mr. Strohm Examination by Mr. Seplow Further Examination by Mr. Strohm
4
8 11
8
9
10
11
INDEX TO EXHIBITS
NO. DESCRIPTION
NONE
MARKED
12
13
14 15
16
17
18 19 20
21
22
23
24 25
1
2
TELEPHONIC DEPOSITION OF HANY HANNALLAH, M.D.
was taken on April 4, 2008, commencing at 2:00 p.m., at
3
the law offices of Richard L. strohm, p.c, 8121 East
4 5
Indian Bend Road, Suite 128, Arizona, before MARY BARRY, Certified Reporter No. 50260 for the State of Arizona.
Page 2
Case 2:04-cv-00259-EHC-DKD
Document 58-2
Filed 04/04/2008
Page 3 of 11
6 7
8 9 10
11
The witness appeared via telephonic communi cati ons.
040408HH
APPEARANCES:
For the Plaintiff: Mr. Philip A.
12
13 14 15 16
2000 North Seventh street
Seplow, Attorney at Law
Phoenix, Arizona 85006-2307 (Appearing telephonically)
For the Defendants Maricopa county and Sheriff Joseph Arpaio: By Mr. Richard L. Strohm 8121 East Indian Bend Road, Scottsdale, Arizona 85250
LAW OFFICES OF RICHARD L. STROHM, P.C.
17
18
19
suite 128
20
21
22
23
24
25
1
HANY HANNALLAH,
M.D.,
2 3 4
5
6
called as a witness herein, having been first duly sworn by the Certified Reporter to speak the truth and nothing but the truth, was examined and testified as follows:
EXAMINATION
7
BY MR.
STROHM:
8 9
Q.
Dr. Hannallah, I'm going to dispense with the
usual formalities because we're under a time constraint
Page 3
Case 2:04-cv-00259-EHC-DKD
Document 58-2
Filed 04/04/2008
Page 4 of 11
10
11
12
here.
I just have a few questions for you.
Can you hear me all right?
040408HH
A.
Yes.
13
14
Q.
a.
You are a medical doctor?
Yes.
15
16 17
Q.
Arizona, A.
And you're licensed to practice medicine in
correct? Correct.
18
19
Q.
correct?
And you were so licensed in October of 2002,
20
A.
Yes, correct.
21 22
23
Q.
And in October of 2002 you saw a patient by the
name of Dames John Hadges, isn't that true?
A. That is true.
24
25
Q.
i sent over a chart note for you to review.
Do
you have the chart note with you?
1
A.
Yes, I have it.
2 3
4 5
q.
And is that a true and accurate copy of the chart
note that you prepared at the time that you examined
Mr. Hadges? A. Yes, sir, correct.
6
Q.
I take it, because there's only one chart note
7
8
9 10
for you, that there is only one visit that you had with
Mr. Hadges, that was on October 4th of 2002, is that
true? A. That's correct.
11
12
Q.
And at no time did you schedule surgery for him,
is that true?
13
A.
No, I did not schedule any surgery for him.
Page 4
Case 2:04-cv-00259-EHC-DKD
Document 58-2
Filed 04/04/2008
Page 5 of 11
14
15
Q.
You never scheduled any surgery for James John
040408HH
Hadges, did you?
16
17
A.
Q.
No, never scheduled any surgery.
okay.
18
19
20
in October of 2002 did you have surgical
privileges?
A. no.
21
Q.
And in October 4th of 2002 did you have any
22 23
24
opinion when you saw him and prepared that note, Exhibit 1 we'll call it, did you have an opinion as to whether
surgery was indicated?
25
A.
Yes.
And that is explained in that progress
1
note.
2
3 4
Q.
Okay.
And I take it from reading the note that
you thought that it might be a good idea to have surgery, and then you referred him to a board certified surgeon
5
6
for a surgical evaluation, which is protocol, is that
true?
7
a.
That's correct.
8
9
10 11
Q.
is it also true that you did not sign any
transport order for surgery for the plaintiff, for
Mr. Hadges? A. no, I didn't.
12
Q.
You did not?
13 14
15
16
A.
no, I did not.
I just suggested to be
transferred on an emergency basis to the Maricopa Medical
Center. My progress note mentioned it, but I didn't sign
any transportation.
17
Q.
Right.
And the idea that ~ what your motivation
Page 5
Case 2:04-cv-00259-EHC-DKD
Document 58-2
Filed 04/04/2008
Page 6 of 11
18
was,
I believe, is that you wanted him to be seen by a
040408HH
19 20 21 22 23
board certified surgeon who would then make the decision as to whether surgery would be indicated and done? A. Exactly. The goal is not to make him miss the
boat should the orthopedist like to operate as quickly as possible. So if they make that decision, so at least I'm
24
25
trying to save him any time without wasting any further
time from the time I saw him.
1
Q.
Right.
And did you create any order that
2 3
4
basically said that the plaintiff should haven't anything to eat or drink in order to save time so that if
surgery --
5 6
A. Q.
No, no, I didn't mention that. Okay.
7
Did you know that Dr. Robert Kaye, K-a-y-e,
8
9
10
had already seen plaintiff, excuse me, Mr. Hadges, in
September of 2002?
A. no, I didn't know that.
11
q.
okay.
You didn't know that Dr. Kaye had
12
13 14
recommended surgery to plaintiff and the plaintiff didn't
consent to it? A. no, no, I didn't know at all.
15 16
17
18
Q.
okay.
Did you tell Mr. Hadges that he in fact
was going to have surgery, or did you tell him that he
would just be evaluated for treatment course by a board
certified surgeon?
19
A.
I think I explained to him the injuries, and I
20
told him that there is high probabilities with these
21
injuries that they need surgical treatment,
Page 6
so now the
Case 2:04-cv-00259-EHC-DKD
Document 58-2
Filed 04/04/2008
Page 7 of 11
22
timing is different, obviously, because we were 23 days,
040408HH
23 24 25
so that makes it a little bit more potential.
And
obviously I told him I want to release him as quickly as possible so we don't want to waste any more time, should
8
1
the surgical person like to operate.
So, you know, we
2
3
don't have -- they don't say, well, if I saw him a week
ago or whatever, it makes no difference, we want just to
4
5
6
be on a very timely manner,
Q. okay.
so I explained that to him.
But you never told him that you had made
the decision to schedule him for surgery?
7 8 9 10
11 12 13
14 may.
A.
no, no.
Not at all, obviously, because I'm not
surgical orthopedist I don't mention that at all. MR. STROHM: the questions I have.
MR. SEPLOW: THE WITNESS: MR. seplow: Philip Seplow. Good, thanks. Just a couple follow-ups if I How are you?
Thank you, Doctor, those are all
15
16
17
THE WITNESS:
Okay.
EXAMINATION
18
BY MR.
SEPLOW:
19 20 21
22
Q.
Did you ever tell Mr. Hadges that you were going
to pull some strings so he could get surgery right away? A.
Q.
I'm sorry, I didn't really get your question.
Sure, I'll say it again.
23
Did you ever tell Mr. Hadges that you would
24
25
pull a few springs.
Pull a few strings is an expression
that we use sometimes to get rid of red tape.
Page 7
Case 2:04-cv-00259-EHC-DKD
Document 58-2
Filed 04/04/2008
Page 8 of 11
040408HH
1 2
3 4
Did you tell him that you would pull a few strings so he could go to surgery right away.
A. And I'm sorry, what is the meaning of red tape?
I'm totally not understanding.
5 6 7 8 9 10
11
Q.
Oh, boy.
Okay.
The expression pull a few
strings means I'm going to get -- I'm going to leave out some people in the middle management, I'm going to go
right to the top and I'm going to get something done. Did you ever tell James Hadges that you were going to go right to the top and get him surgery right
away?
12
A.
No, I don't think so.
I told him just exactly
13
14
as the progress note said.
I said just I want to send
him to the Maricopa Medical Center as quickly as possible
15 16
17
18
so he can have the best chance to be evaluated for that potential surgical treatment, and that's it, yeah.
Q. So up until right now you never heard the
expression pull a few strings?
19 20
A. Q.
No, to be honest with you, I never did. Okay. And I think Mr. Strohm already asked you,
21 22
23
24
but you didn't sign any order saying that he shouldn't eat or drink because he was going to have surgery the next
day, is that correct?
A. No, no, no.
25
Q.
Do you have any idea why he would have the
10
1
2
opinion or he actually states that you told him that you
were going to get him into surgery?
Page 8
Case 2:04-cv-00259-EHC-DKD
Document 58-2
Filed 04/04/2008
Page 9 of 11
040408HH
3
A.
I cannot tell you.
Obviously sometimes, you
4
5 6 7
know, he may just really understood that surgery is, could
be, you know, explanation. is a chance. I really don't have a clear
I'm just saying that maybe his own But I never told him definitely because
interpretation.
8 9 10 11
12
obviously I'm not surgical and I'm not going to tell him that I'm doing an operation that's -- you know, that I don't practice surgical part of orthopedics, so
obviously, no, I cannot tell you, I don't have any
explanation for that.
13
14
Q.
A.
And you only met with him once,
Yes, on October 4th, 2002.
right?
15
16 17
Q.
Did you get to read his chart before you met with
him at all? A. You mean now before I --
18
19
Q.
A.
No, back on October 4th, I guess, of 2000 -No. Typically we have a blank progress note, we
20 21 22
23
take history, we examine the patient, we look at x-rays, and then we put down an evaluation. So I don't have
really any charts except my blank progress note and my
x-rays.
24 25
Q.
Okay.
Well, so basically what you're saying is
you never ordered emergency surgery for Mr. Hadges, is
11
1
that right?
2 3 4 5 6
A.
No.
And I never do that, because obviously the And only thing I
surgery itself is the surgical person.
can try to do when I see that there is potential indication, I expedite the patient to be seen by the surgeon who's going to perform the potential surgery.
page 9
Case 2:04-cv-00259-EHC-DKD
Document 58-2
Filed 04/04/2008
Page 10 of 11
040408HH
7 8
Q. A.
Did you do that in this case? Yes, that's what I recommended, by the
9 10
11 12
13 14
administration to send him on emergency basis to Maricopa Medical Center for hospitalization and evaluation for that
purpose, with that potential treatment. MR. SEPLOW:
have. THE WITNESS: okay.
Okay,
well, I guess that's all I
15
16
17
18
MR. strohm:
i just have one follow-up in
response to Mr. Seplow's question.
FURTHER EXAMINATION
19
BY MR.
STROHM:
20
21
Q.
Your intention was to make sure that whatever
opportunity he had to have his best outcome was not
22
23 24
25
wasted, so you were interested in speeding that long, but
you did not schedule a surgery yourself, true? A. That's absolutely correct and true statement.
The statement is absolutely correct.
12
1
2 have.
MR. STROHM:
Thank you, sir, that's all I
3
4
THE WITNESS:
MR. SEPLOW:
Okay.
Thank you.
5 6
7 8
MR. STROHM: you this,
Before you hang up I have to tell
you have the opportunity to read what we have
just discussed -- THE WITNESS: okay.
9
MR. strohm:
-- and sign, or you can simply
page 10
10
waive your signature and it will become part of the record
Case 2:04-cv-00259-EHC-DKD
Document 58-2
Filed 04/04/2008
Page 11 of 11