Professional Documents
Culture Documents
10 FRESNO DIVISION
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Plaintiff DAVID F. JADWIN, D.O., contends Defendants have failed to lay any foundation
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whatsoever for any of the over 1,000 pages of documents or deposition transcripts which they attach as
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exhibits to their Motion. “It is well settled that only admissible evidence may be considered by the trial
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court in ruling on a motion for summary judgment.” Beyene v. Coleman Sec. Services, Inc., 854 F.2d
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1179, 1181-1182 (9th Cir. 1988) (citing to Fed.R.Civ.P. 56(e)). A proper foundation must be established
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for documents used to support or oppose summary judgment motions. Orr v. Bank of America, NT & SA
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(9th Cir. 2002) 285 F3d 764, 778. As with other documentary evidence, discovery documents must be
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properly authenticated (e.g., by affidavit or declaration establishing accuracy of copy attached). Id. at
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774. A portion of a deposition transcript must be properly authenticated by showing the deponent’s
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name and attaching the court reporter’s certification. Ibid.
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In submitting their Motion, Defendants have failed to lay any foundation whatsoever for any of
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the over 1,000 pages of documents or deposition transcripts which they attach as exhibits to their
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Motion. Other than 5 “sham” declarations intended only to controvert sworn deposition testimony,
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Defendants have failed to submit a single affidavit or declaration. The deposition transcripts are
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condensed transcripts intended only for informal attorney use which are not accompanied by reporter
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certifications. Plaintiff separately submits evidentiary objections to Defendants’ Motion.
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The complete absence of admissible evidence justifies denial of Defendants’ Motion.
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Plaintiff hereby submits the following additional objections to, and moves to strike all, evidence
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submitted by Defendants in support of their Motion for Summary Judgment, including the following:
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Δ’s MATERIAL FACT Δ’s EVID. Π’S OBJECTIONS TO EVIDENCE
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1. First Employment Contract between DFJ00025- None.
22 Kern Medical Center (hereinafter 00046
referred to as KMC) and David F.
23 Jadwin, D.O. (hereinafter referred to
as Jadwin) entered into on October 24,
24 2000.
25 2. Employment Verification letter of DFJ00358 None.
3/3/05 (giving original date of hire as
26 December 3, 2000).
27
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1 3. Memo from Bryan to Jadwin dated 0000202- Lacks foundation. Document not
8/14/01 (showing Jadwin received the 203 authenticated. Document not complete –
2 Medical Staff Bylaws). wrong bylaws effective as of 12/13/04
attached.
3
4. Medical Staff Bylaws, approved as 0000272- None.
4 of 12/13/04. 358
1 7A. Dutt recalled Jadwin’s threat of Dutt Depo., The transcript is not authenticated. It is not a
taking a leave of absence until the 8/20/08, certified copy, it is a condensed transcript for
2 medical staff and the administration pgs. 52:5- informal attorney use. No reporter certification
apologized to him. 53: 18 is attached to the transcript.
3 Improper Speculation as to Plaintiff’s intent.
17 a) “You know, I wish I could go back Jadwin The transcript is not authenticated. It is not a
because I enjoyed that job. I Depo., certified copy, it is a condensed transcript for
18 mentioned multiple times during my 10/21/08, informal attorney use. No reporter certification
recruitment and elsewhere that that pg. 1087:9- is attached to the transcript.
19 was the last position that I wanted to 17
take, that I saw myself retiring out of Irrelevant and immaterial.
20 that position and not moving. And I
was very disappointed when-when
21 things-when people that were in a
position to do the right thing didn’t do
22 the right thing.”
23 9. Sandi Chester effectively refutes Chester The transcript is not authenticated. It is not a
any argument that Jadwin’s letter to Depo., certified copy, it is a condensed transcript for
24 Peter Bryan of January 9, 2006 was 8/28/08, informal attorney use. No reporter certification
notice to KMC that Jadwin needed pgs. is attached to the transcript.
25 medical leave or that, by implication, 135:12137:
Jadwin was absolved of the 6 Pg. Testimony lacks foundation. Improper legal
26 responsibility to notify HR that he was 136:17-18 conclusion as to notice and responsibility to
taking a leave of absence. As Sandi notify HR re leave of absence. Improper
27 Chester said “I mean, anybody can opinion testimony.
write a letter.”
28 Irrelevant and immaterial.
5 11. Jadwin did not communicate with Chester The transcript is not authenticated. It is not a
Human Resources (hereinafter Depo., certified copy, it is a condensed transcript for
6 referred to as HR) at all, HR 8/28/08, informal attorney use. No reporter certification
discovered that Jadwin ------ had pgs. 75:19- is attached to the transcript.
7 unilaterally assigned himself to 1 to 2 76:10
workdays per week but, per policy, an Misstates the testimony in all respects.
8 employee must use vacation, sick
time, or leave of absence when not Irrelevant and immaterial.
9 working full-time. It was HR that
brought Jadwin into compliance with
10 County policy by putting him on leave
of absence.
11
12. KMC had to designate Jadwin’s Bryan The transcript is not authenticated. It is not a
12 medical leave retroactively because Depo., certified copy, it is a condensed transcript for
Jadwin was late in giving appropriate 8/14/08, informal attorney use. No reporter certification
13 requests. pgs. 195:9- is attached to the transcript.
196: 14
14 Irrelevant and immaterial.
13. Jadwin’s submission of his Chester The transcript is not authenticated. It is not a
15 healthcare provider’s certification was Depo., certified copy, it is a condensed transcript for
not timely and was only provided 8/28/08, informal attorney use. No reporter certification
16 upon prompting from HR. pgs. 113 is attached to the transcript.
:23- 114: 12
17 Lacks foundation. Speculative as to who put
Plaintiff on leave and whether self-imposed.
18
Irrelevant and immaterial.
19 14. Certification of Health Care DFJ01150 None.
Provider, dated 4/26/06, stating that
20 Jadwin’s medical condition goes back
to 10/30/03. The Certification states
21 that Jadwin requires “part-time or less
to avoid worsening of his serious
22 medical condition.”
23 15. Jadwin’s Request for Leave of DFJ00746 None.
Absence (hereinafter referred to as
24 LOA), dated 3/2/06, notes that the
LOA started on 12/16/05.
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1 22. Memo from Bryan to Jadwin dated Bryan The transcript is not authenticated. It is not a
4/28/06, summarizing a meeting held Depo., certified copy, it is a condensed transcript for
2 with Bryan, Karen Barnes, Steve 8114/08, informal attorney use. No reporter certification
O’Connor, and Jadwin. The meeting pgs. is attached to the transcript.
3 was held to “insure that [Jadwin] had 240:9244: 2,
all information available concerning Exhibit 303
4 his status and what was possible and pg 243 :22-
not possible according to County 25
5 policies for leaves of absence.” It was pg.244:1-2
not a disciplinary meeting.
6
23. A letter to Bryan from Jadwin, Bryan The transcript is not authenticated. It is not a
7 dated May 31, 2006, where Jadwin Depo., certified copy, it is a condensed transcript for
requests more time to make the 8/14/08, informal attorney use. No reporter certification
8 decision by June 16th of whether to pgs. is attached to the transcript.
return full-time or resign. Bryan did 248:16249:
9 not have the authority to make an 9 Exhibit Improper legal conclusion. Improper opinion.
exception to County policy by 311
10 extending leave beyond the maximum
period granted for leave. Jadwin
11 wasn’t being asked to return full-time
on June 16th, he just had to give his
12 decision to return full-time by June
16th. He did not do that.
13
24. Letter from Peter Bryan to Jadwin, DFJ01141 None.
14 dated 6/14/06, granting him Personal
Necessity Leave of 90 days, pursuant
15 to Rule 1202.2, but only for his
employment with KMC, not for his
16 position as pathology department
chair.
17
25. Bryan artfully explained why the Bryan The transcript is not authenticated. It is not a
18 Chair of the Department of Pathology Depo., certified copy, it is a condensed transcript for
needs to be present full-time. “It’s not 8/14/08, pg. informal attorney use. No reporter certification
19 just the task orientation of handling a 216:3·22. is attached to the transcript.
duty. It’s being present within the
20 organization to influence the Speculation as to what is “inferred” in a
organization’s policies and practices. position being “full-time”.
21 Organizations tend to drift without the
constancy of leadership, because that
22 is part of what a leader does is monitor
the performance to ensure things stay
23 on track, and without that constant
dialogue present, you can find
24 yourself getting off track. In the
medical arena when patient care is
25 involved, you don’t allow it to get to
the point where you don’t have the
26 leadership necessary. So that’s
inferred in it being a full-time
27 position.”
28
1 32. Tort Claims Act Complaint, dated Exhibit 2 to Irrelevant and immaterial.
7/3/06, Jadwin admits that he had used Second
2 up his CFRA leave by June 14th, Amended Improper legal conclusion.
2006. Page 1 of the Attachment (page Complaint
3 3 of the entire complaint), Section A,
paragraph 1, last sentence reads “As of
4 June 14, 2006, Complainant had taken
12 weeks of CFRA sick leave and
5 approximately 3-4 weeks of County
sick leave based on doctor’s
6 certifications which he submitted.”
7 33. Memorandum to the Joint 0001476- Misstates evidence. JCC minutes state only
Conference Committee (JCC) from 1565 that the JCC voted on Bryan’s
8 Bryan, dated 7/10106, recommending 0000073-75 recommendation for demotion and approved it.
that the Committee approve the There is no disclosure of the JCC’s reasons for
9 demotion of Jadwin from chair of the their vote.
pathology department to staff [Lee Decl., Exh. 17 (JCC Minutes of 7/10/06
10 pathologist. “This recommendation to at Item 10 on Bates 0009820-9821)].
rescind Dr. Jadwin’s appointment as
11 Chairman, Department of Pathology,
is based solely on his continued non-
12 availability to provide the leadership
necessary for a contributing member
13 of the medical staff leadership group.
KMC must have its key personnel
14 available, and Dr. Jadwin has provided
no indication that he is committed to
15 return to work or resume his duties as
chairman.” Also, “Dr. Jadwin has
16 made no attempt to contact me
concerning my decision to relieve him
17 of his chairman duties nor has he
indicated any desire to negotiate a new
18 contract.” JCC meeting minutes
confirm that the committee took
19 Bryan’s advice and they did it for the
reason that he gave in his
20 memorandum.
21 34. Ray Watson (hereinafter referred Watson The transcript is not authenticated. It is not a
to as Watson) testified that he only Depo., certified copy, it is a condensed transcript for
22 remembers a discussion on removing 8125/08, informal attorney use. No reporter certification
Jadwin from the department chair pgs. 13:17- is attached to the transcript.
23 position; he was quite clear (and he 14:14
was asked three times) that he did not Misstates testimony.
24 remember any discussion about
Jadwin’s “termination.” He
25 affirmatively stated that he knew of no
discussions about Jadwin resigning or
26 being denied privileges.
27
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1 35. Watson testified that he became Watson The transcript is not authenticated. It is not a
aware that Jadwin’s contract was not Depo., certified copy, it is a condensed transcript for
2 renewed although he could not give a 8/25/08, informal attorney use. No reporter certification
timeline as to when things happened. pgs. 28:6- is attached to the transcript.
3 He also testified strongly that he does 30:23
not recall a vote taken on the Misstates testimony, Watson did not testify
4 nonrenewal “although [he] imagine[s] “strongly” that he didn’t recall a vote.
it was,”
5
36. Watson testified that the fact that Watson The transcript is not authenticated. It is not a
6 Jadwin was suing KMC was brought Depo., certified copy, it is a condensed transcript for
up in discussions of whether to renew 8/25/08, informal attorney use. No reporter certification
7 Jadwin’s contract although he would pgs. is attached to the transcript.
not say it was a consideration, only 110:12112:
8 that it was discussed. In addition, it 13 Misstates testimony. Watson answered the
became obvious after a few questions question affirmatively. He never denied that
9 that Watson was confused about the Plaintiff’s lawsuit was a consideration for the
sequence of events which can lead to Nonrenewal. In fact, in later testimony,
10 the inference that he does not recall Watson volunteers that Plaintiff’s lawsuit was
anything specifically or correctly. a “reason” for the Nonrenewal.
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1 a) Kern County Board of Supervisors Decl. of Rubio Decl.: Para. 1: Lacks foundation as to
did not discuss the non-renewal of Michael dates of attendance at JCC meetings. Para. 2:
2 Jadwin’s employment agreement or Rubio, Speculation as to Plaintiff’s being “upset”.
made any decisions regarding the non- 11/10/08, Improper conclusions and speculation
3 renewal of the employment ¶2; Decl. of regarding Board of Supervisors’ discussions,
agreement. The subject never came Raymond decisions re Plaintiff’s agreement.
4 before the Board of Supervisors. Watson,
11/10/08, Watson Decl.: Para. 2 & 3: Sham declaration
5 ¶¶3, 4 and that contradicts sworn deposition testimony
5; Decl. of after the fact that the JCC did in fact make a
6 Mike decision not to renew Plaintiff’s contract. [Lee
Maggard, Opp. Decl., Exh. 10 (Watson Depo. at 30:10-
7 11/10/08, 13; 110:12-111:5; 111:15-24; 113:15-114:4)].
¶2; Decl. of A party cannot create an issue of fact by a
8 Jon declaration contradicting his or her own
McQuiston, deposition or other sworn testimony. See Block
9 11/10/08, v. City of Los Angeles (9th Cir. 2001) 253 F3d
¶2; Decl. of 410, 419, fn. 2. The same rule applies to
10 Don Maben, postdeposition affidavits that contradict the
11/10/08, ¶2 affiant’s deposition testimony. Aerel, S.R.L. v.
11 PCC Airfoils, LLC (6th Cir. 2006) 448 F3d
899, 907–908; Bank of Ill. v. Allied Signal
12 Safety Restraint Systems (7th Cir. 1996) 75
F3d 1162, 1169. Para. 4: Improper conclusions
13 and speculation regarding Board of
Supervisors’ discussions, decisions.
14
Maggard Decl.: Para. 1: Lacks foundation as
15 to dates of attendance at JCC meetings. Para.
2: Speculation as to Plaintiff’s being “upset”.
16 Improper conclusions and speculation
regarding Board of Supervisors’ discussions,
17 decisions re: Plaintiff’s agreement.
1 37. Letter from Karen Barnes DFJ01359- Hearsay. Best evidence rule.
(hereinafter referred to as Barnes) to 1361
2 Plaintiffs attorney Eugene Lee, dated
7118/06, in which she mentions (pg.
3 2) that Jadwin was removed as
pathology department chair on 7/10/06
4 at a regularly scheduled meeting of the
Joint Conference Committee, pursuant
5 to Bylaws article IX, section 9.7-4
“removal of a department chair may
6 occur with or without cause ... “
7 38. Plaintiffs’ attorney Eugene Lee Bryan Irrelevant, immaterial, and is an improper legal
agrees that Jadwin was not removed as Depo., conclusion.
8 chair during his medical leave. 8/14/08, pg.
222:8-13 The transcript is not authenticated. It is not a
9 certified copy, it is a condensed transcript for
informal attorney use. No reporter certification
10 is attached to the transcript.
1 42. Letter from Mark Wasser to DFJ01701 Irrelevant and immaterial to excusing
Eugene Lee, dated 4/30/07, allowing Defendants' liability under any of Plaintiff's
2 Jadwin to pursue his own activities counts, as evidenced by Defendants' failure to
during the work week and retaining cite to this DMF anywhere in their motion
3 him, at his usual salary, for consulting. brief (Doc. 29).
4 Misstates evidence.
43. Letter to Mark Wasser from DFJ01703- None.
5 Eugene Lee, dated 5/1/07, noting that 1704
on 4/28/07 and in several following e-
6 mails he was notified that KMC
wanted to terminate Jadwin’s contract
7 and would not renew it on 10/4/07.
8 44. Exhibit 644 is an e-mail with an Jadwin The transcript is not authenticated. It is not a
amendment attached to it. The Depo., certified copy, it is a condensed transcript for
9 amendment is a contract amendment 3/12/08, informal attorney use. No reporter certification
which Jadwin had to sign before pgs. 969:1- is attached to the transcript.
10 returning to work. Exhibit 581 is also 974:2
the same contract amendment (Exhibits Lacks foundation. Improper speculation.
11 although Exhibit 581 is signed. There 644 and Plaintiff’s testimony that he spoke with his
are differences between Exhibit 644 581) attorney regarding his disagreement about the
12 and 581, in subparagraphs “h” and “i”. pay reduction invades attorney-client
Jadwin confirmed that he had privileged communication, a privilege which is
13 discussions with his attorney about the never waived, and is inadmissible.
amendment; Jadwin does not know if
14 his attorney negotiated any of the
terms in it. Jadwin does not know if
15 his attorney made proposals to KMC
with suggested changes in the
16 language of the amendment. Jadwin
was aware of the changes at the time
17 they occurred but he does not recall
how the changes came about. One
18 change that Jadwin recalls talking
about is the cut in his salary which he
19 didn’t agree with.
20 45. The last two pages of Exhibit 581 Jadwin The transcript is not authenticated. It is not a
is Exhibit A which is a job Depo., certified copy, it is a condensed transcript for
21 description. Jadwin confirms that he 3/12/08, informal attorney use. No reporter certification
read it at the time of signing the 974:3~976:l is attached to the transcript.
22 amendment. Jadwin looked at the 2
tasks listed and does not believe that Improper legal conclusion. Vague and
23 any of those tasks require ambiguous.
accommodation. Jadwin does not
24 recall asking anyone with the County
for an accommodation of any of the
25 tasks listed in Exhibit A.
26
27
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1 46. Jadwin testified that he wanted his Jadwin The transcript is not authenticated. It is not a
employment contract renewed, but Depo., certified copy, it is a condensed transcript for
2 when presented with the fact that his 10/21/08, informal attorney use. No reporter certification
employment contract in place at the pg. 1011: is attached to the transcript.
3 time of nonrenewal contained his 161016: 19
reduced salary, he denied wanting to Misstates testimony. Plaintiff was testifying
4 renew that contract. that he viewed the Paycut Amendment of
7/10/06 as retaliatory. This testimony had
5 nothing to do with nonrenewal. It was also
outside the scope of Judge Wanger’s order
6 (Doc. 245:3:5-6), which limited the scope of
discovery at that time only to the Plaintiff’s
7 new nonrenewal-related claims.
47. Jadwin said that the contract he Jadwin The transcript is not authenticated. It is not a
8 wanted renewed was his Department Depo., certified copy, it is a condensed transcript for
Chair contract. 10/21/08, informal attorney use. No reporter certification
9 pgs. is attached to the transcript.
1032:16-
10 1033: 3; pg. Improper speculation. Misstates testimony.
1043:12-20 Plaintiff was testifying as to his desires and
11 wants were as of 10/7/08, not as of the time his
contract expired over a year earlier on 10/4/07.
12 [Lee Opp. Decl., Exh. 6 (Jadwin Depo at
1034:13-1035:9; 1036:7-11; 1041:5-9; 1044:2-
13 3; 1060:4-7)].
14 JADWIN’S ALLEGATIONS OF
REGULATORY VIOLATIONS
15
48. Approved Cancer Program 0000623- No foundation. No authentication. Hearsay.
16 Performance Report for KMC, dated 630
7/14/04, with a rating of “I “meaning
17 KMC’s Cancer program-including
number of meetings-is approved for
18 three years with commendation.
19 49. Exchange of e-mails between Toni 0000421- Irrelevant and immaterial to excusing
Smith and Jadwin, dated 6115/05, 424 Defendants' liability under any of Plaintiff's
20 about the PCC issues. In 0000423, counts, as evidenced by Defendants' failure to
Jadwin states that a PCC must not be cite to this DMF anywhere in their motion
21 signed until the time of the infusion, brief (Doc. 29).
or KMC is not meeting American
22 Association of Blood Banks’
(hereinafter referred to as AABB)
23 accreditation standards.
24 50. Typed notes, dated 1/10106, of 0000575 Irrelevant to excusing Defendants’ liability
25 interviews done to rebut Jadwin’s under any of Plaintiff’s counts, as evidenced
claim that the meeting frequency by Defendants’ failure to cite this DMF
26 standard set by the American College anywhere in their motion brief (Doc. 262).
of Surgeons (hereinafter referred to as
27 ACS) was not being met at KMC. No foundation. No authentication. Hearsay.
28
9 53. Notes of meeting with Peter DFJ00788 Irrelevant and immaterial to excusing
Bryan, Karen Barnes and Jadwin on Defendants’ liability under any of Plaintiff’s
10 4/13/06. There is no problem with the counts, as evidenced by Defendants’ failure to
PCCs because 5 charts were reviewed cite this DMF anywhere in their motion brief
11 (and approved) by JCAHO. (Doc. 262).
1 a) CAP conducts routine inspections, Martinez The transcript is not authenticated. It is not a
unannounced, on a known periodic Depo., certified copy, it is a condensed transcript for
2 basis. 4/16/08, informal attorney use. No reporter certification
pgs. 118:23- is attached to the transcript.
3 120: 19
Misstates testimony.
4
56. Jadwin first reported concerns to No supporting evidence submitted.
5 JCAHO, CAP, and DHS in November
28, 2006 (more than five years after
6 noticing alleged violations).
1 61. Dr. Dutt believed that Jadwin, Dutt Depo., Irrelevant to excusing Defendants’ liability
after returning from leave, might be 8/20/08, pg. under any of Plaintiff’s counts, as evidenced
2 intentionally issuing wrong opinions 296: 10- 19 by Defendants’ failure to cite this DMF
to prove he was a whistleblower. anywhere in their motion brief (Doc. 262).
3
The transcript is not authenticated. It is not a
4 certified copy, it is a condensed transcript for
informal attorney use. No reporter certification
5 is attached to the transcript.
1 66. Bryan does not recall Jadwin Bryan The transcript is not authenticated. It is not a
mentioning to him about depression, Depo., certified copy, it is a condensed transcript for
2 sleeplessness, etc. nor did Bryan 8/14/08, informal attorney use. No reporter certification
notice behavior that he would call pgs. 111: is attached to the transcript.
3 mental illness. 12-113: 2
and 128:16-
4 129:3
5 67. Jadwin only discussed his Jadwin Irrelevant and immaterial in that employer
disability with Dr. Kolb. When asked Depo., does not need to know an employee's
6 whether he had ever told Peter Bryan, 3/12/08, diagnosis, only an employee's limitations, to
Jadwin said that subsequently during pgs. 976: have notice of an employee's disability.
7 one-on-one meetings with Bryan he 13983: 2
had mentioned being depressed by lines 977:5- The transcript is not authenticated. It is not a
8 lack of action on the concerns Jadwin 8 and lines certified copy, it is a condensed transcript for
was raising. When pressed on whether 977:24- informal attorney use. No reporter certification
9 he had ever actually told Peter Bryan 978:8 and is attached to the transcript.
he was disabled, Jadwin said that in lines 981:
10 late 2005 or early 2006, he told Bryan 17-982: 1 Misstates testimony.
that sometimes he was so depressed he and lines
11 couldn’t work at KMC anymore until 982: 18-24
it fixed some of his concerns. Jadwin lines 978:
12 said that he also told Dr. Yoo, head of 15-979:1
psychiatry, that he was depressed from lines
13 working at the hospital. Jadwin does 979:24-
not recall talking to Dr. Dutt about this 980:8 lines
14 issue. Jadwin could not recall any 982:9-24
other people at KMC that he talked to
15 about his disability. In fact, Jadwin
would not use the term “disabled” just
16 that he could not work there.
17 68. When asked what considerations Jadwin The transcript is not authenticated. It is not a
there were in renewing a contract with Depo., certified copy, it is a condensed transcript for
18 KMC, Jadwin replied “All of the 10/21/08, informal attorney use. No reporter certification
working environment situations. The pgs. is attached to the transcript.
19 patient quality issues, the 1055:13-
administration, what-what type of 1056: 15 Improper speculation. Misstates testimony.
20 administrative operation is there. The Irrelevant an immaterial. Plaintiff was
emphasis on quality, interest in testifying as to his desires and wants were as
21 quality. Interest in patient safety. The of 10/7/08, not as of the time his contract
collaborative working environment. expired over a year earlier on 10/4/07. [Lee
22 Are the other physicians going to be Opp. Decl., Exh. 6 (Jadwin Depo at 1034:13-
responsible in working for the 1035:9; 1036:7-11; 1041:5-9; 1044:2-3;
23 betterment of patient care, or are they 1060:4-7)].
just going to be working for their own
24 self-interest.”
25
JADWIN’S ERRORS
26 Failure to Produce Timely or
27 Correct Diagnoses
28
1 69. Dr. Ragland brings up the issue Ragland Irrelevant and immaterial.
that a stack of FNA reports that Depo.,
2 Jadwin had given him had issue dates 8/22/08, The transcript is not authenticated. It is not a
after the date of a double read, in each pgs. 171 :5- certified copy, it is a condensed transcript for
3 case, was done by UCLA. This raises 172:5 and informal attorney use. No reporter certification
the possibility that Jadwin waited to 328:7-329: is attached to the transcript.
4 enter a diagnosis until the double read 14
had come back from UCLA so that he Improper speculation. Improper opinion.
5 could be in 100% agreement with Improper conclusion. No foundation. Misstates
UCLA. testimony.
6
70. Letter from Dr. Ang to Dr. Perez, 0000690- Relevance.
7 Peter Bryan, Dr. Kolb, and Dr. 691,
Munoz, dated 2/20102, containing 0000736 No foundation. No authentication. Hearsay.
8 formal complaints of misconduct
against Jadwin. Complaint #3 states
9 that Jadwin failed to pass the quarterly
proficiency tests on cervical pap
10 smears so those tests are sent out. It
states that this was an unnecessary
11 cost and delay because the other three
pathologists in the department could
12 examine the pap smears because they
have maintained their proficiency.
13
a) Document asserting Jadwin’s 0000737 Irrelevant and immaterial to excusing
14 failing test scores and the fact that the Defendants' liability under any of Plaintiff's
Department of Pathology has not been counts. No foundation. No authentication.
15 sued for medical malpractice in 23 Hearsay. Misstates the evidence.
years.
16
b) Jadwin’s actual (failing) test for Irrelevant. No foundation. No authentication.
17 cervical pap smears. This test is Hearsay. Misstates the evidence.
conducted by the College of American
18 Pathologists (CAP). Of interest, on
Case #3 Jadwin marked
19 “unsatisfactory for evaluation” when
the accurate diagnosis was “squamous
20 cell carcinoma.”
21 71. Report to Maureen Martin from 0001059- Irrelevant. No foundation. No authentication.
Jadwin, dated 11/20/02, on the results 1072 Hearsay. Misstates the evidence. Improper
22 of the evaluations of the pathologists conclusion.
(Jadwin and Lang) by resident
23 physicians and staff physicians in
surgery. On a three-point scale, where
24 2 means satisfactory and 3 means
needs improvement, Jadwin scored
25 low on timeliness (lower than Lang),
IOC quality, completeness, and clarity
26 of diagnosis. Jadwin blamed
unhappiness of a Dr. Prunes for his
27 low scores.
28
1 72. Twenty-nine (29) medical reports 0001163- Irrelevant to excusing Defendants' liability for
from 2004 and 2005 with all of the 1310 any of Plaintiff's counts. Misstates evidence.
2 following in common: 1) all are FNA No foundation.
reports; 2) all were processed in-house
3 and then sent to outside labs for
independent diagnosis; and 3) the
4 turn-around time for the final
diagnosis ranged from three weeks to
5 five or six months.
15
JADWIN’S INABILITY TO GET
16 ALONG WITH OR
17 COMMUNICATE WELL WITH
OTHERS
18 Policy
19 87. Policy Statement of the Disruptive 0010685- Relevance.
Behavior, Discrimination & 10688
20 Harassment Policy “It is the policy of
Kern Medical Center that all
21 associates are expected to conduct
themselves at all times while on
22 hospital premises in a courteous,
professional, respectful, collegial, and
23 cooperative manner. This applies to
interactions and communications with
24 or relating to physicians, nursing and
technical personnel, other caregivers,
25 other hospital personnel, ... “
[emphasis added]
26
27
28
9
Length of Presentations/October
10 2005 Oncology Conference
11 101. Exchange of e-mails between Dr. DFJ00241- Relevance.
Ragland and Jadwin, dated 11/19 & 242
12 11/20/03, about the last Quality
Management meeting. Dr. Ragland
13 contradicted Jadwin’s statement that
the pathology presentation during the
14 meeting was 20 minutes; Dr. Ragland
said it went on much longer than 20
15 minutes and proceeded to give Jadwin
advice on which information was most
16 important to present and how it could
be presented succinctly.
17
102. Memo from Dr. Ragland to None.
18 Jadwin, dated 1/21/04, that
presentations must be concise and that
19 the last Blood Usage Report-52 slides-
will not fit in the allotted time.
20
103. Memo from Dr. McBride to DFJ00381 None.
21 Jadwin, dated 5/9/05, requesting that
22 the time required for the pathology
presentation at the oncology
conference be kept to a minimum.
23
24 104. Instructions for the Cancer Patel Depo., None.
Conference presenters 1) the 12/6/07,
25 presentation is to contain less than 10 Exhibit 25
slides, 2) length not to exceed 20
26 minutes for comprehensive
background and overview of testing,
27 and 3) all physicians involved in the
case being presented must be notified
28 beforehand.
14 108. Dr. Royce Johnson also voiced a Harris The transcript is not authenticated. It is not a
complaint. Depo., certified copy, it is a condensed transcript for
15 8/13/08, informal attorney use. No reporter certification
pgs. 126:8- is attached to the transcript.
16 127: 19
Hearsay. No foundation.
17 109. Oncology Conference Exhibit 190 None.
Performance Evaluations of 10/12/05
18 where criticisms of Jadwin’s
presentation are written in the
19 comments section on the following
Bates-stamped pages:
20 0000516,522,526,536, and 548.
21 110. Dr. Ragland was not present at Ragland The transcript is not authenticated. It is not a
the October Oncology Conference so Depo., certified copy, it is a condensed transcript for
22 his testimony was limited to the 8/22/08, informal attorney use. No reporter certification
comments he heard Jadwin make pgs. 106: is attached to the transcript.
23 regarding the conference (which is an 18-109:14
admission against interest). Dr. and 156:14- Misstates testimony. No foundation. Vague as
24 Ragland said that Jadwin’s excuse for 25 to time.
monopolizing the oncology
25 conference was that “the only
important information on that case
26 was his.”
27
28
1 111. Dr. Abraham testified that Jadwin Abraham The transcript is not authenticated. It is not a
went on much longer than a normal Depo., certified copy, it is a condensed transcript for
2 pathology presentation and she was 8/18/08, informal attorney use. No reporter certification
embarrassed for him and by some of pgs. 14: 10- is attached to the transcript.
3 the things that he said. Her overall 21: 17 and
feeling was one of discomfort. She 131:5- Misstates testimony. Improper opinion.
4 definitely felt that his criticisms of 133:23 and Improper conclusion. Improper speculation.
outside consultants were inappropriate 135:24-
5 and further evidence of his arrogance 138:22
because the issue was not one of who
6 was- right-and-who-was-wrong but of
the actual sample and how it could be
7 read. Jadwin’s position that it is a
patient care issue presumes that
8 Jadwin is right and Dr. Roy and the
outside pathologist are wrong.
9
112. Dr. Dutt believed that Jadwin Dutt Depo., The transcript is not authenticated. It is not a
10 retaliated against Dr. Roy by verbally 8/20/08, certified copy, it is a condensed transcript for
attacking him, angrily, at the October pgs.292:25- informal attorney use. No reporter certification
11 oncology conference. 293:20 is attached to the transcript.
19 114. E-mail from Dr. Ragland to Dr. 0000094 Improper speculation. Improper opinion.
Harris, dated 10118/05, describing
20 Jadwin’s attitude during the meeting
on 10/17/05. When handed the
21 evaluations of his presentation, he
would not look at them. The e-mail
22 states that Jadwin has a “lack of
communication skills” and fails to
23 “extend basic courtesy to his
colleagues.”
24
115. Jadwin’s evaluation of the DFJ00689 Misstates evidence.
25 11/9/05 oncology conference (what he
filled out). He complained that it ran
26 to 8:38 a.m. and he noted he would
discuss the overrun with Dr. McBride.
27
28
1 a) Bryan criticizes Jadwin’s 57 memos Bryan The transcript is not authenticated. It is not a
to Toni Smith, R.N. as a “way of Depo., certified copy, it is a condensed transcript for
2 flooding the system and seeing what 8/14/08, pg. informal attorney use. No reporter certification
sticks and what doesn’t.” 226: 10-16 is attached to the transcript.
3
125. Memo to Peter Bryan from Toni 0000401- No foundation. Improper conclusion. Improper
4 Smith, dated 4/17/06, responding to 403 opinion. Improper speculation.
Jadwin’s e-mail to Peter Bryan of
5 4/17/06, disagreeing with Jadwin’s
characterization of the PCC situation
6 and stating that Jadwin’s proposals on
this issue were strategies that have
7 previously been rejected by KMC.
8 126. Harris had complaints about Harris The transcript is not authenticated. It is not a
Jadwin’s handling of the PCC issue- Depo., certified copy, it is a condensed transcript for
9 Jadwin was demanding, inflexible, 8/13/08, informal attorney use. No reporter certification
unreasonable in wanting the originals, pgs. 268:8- is attached to the transcript.
10 impatient. 23
No foundation. Improper opinion. Improper
11 speculation.
127. Toni Smith, R.N. explained that Smith The transcript is not authenticated. It is not a
12 the reason that some PCCs looked like Depo., certified copy, it is a condensed transcript for
they were not complete is that the 8/19/08, informal attorney use. No reporter certification
13 PCC form was actually in duplicate pgs. 59:4- is attached to the transcript.
and the nurses were not consistent 60: 13
14 about writing on only one copy and Improper speculation. No foundation.
throwing the blank copy away.
15
128. Toni Smith said that Jadwin was Smith The transcript is not authenticated. It is not a
16 never interested or willing to listen to Depo., certified copy, it is a condensed transcript for
her ideas. When asked what Jadwin’s 8/19/08, pg. informal attorney use. No reporter certification
17 physical demeanor was like in these 65:2-13 and is attached to the transcript.
conversations in which he was 74: 12-22
18 allegedly uncooperative, she said “He Improper speculation. Best evidence rule.
was obviously frustrated, obviously
19 not going to change his mind,
obviously not willing to listen to
20 anything. I presented cases from other
hospitals, some of the lab directors
21 that I hold in high esteem. [He] had no
interest in any of that.”
22
129. Jadwin’s idea to have the PCCs Smith The transcript is not authenticated. It is not a
23 stored in his department may violate Depo., certified copy, it is a condensed transcript for
California law, Title 22, by 8/19/08, pg. informal attorney use. No reporter certification
24 fragmenting the medical record. 71 :2-21 is attached to the transcript.
Jadwin’s idea was opposed by Toni
25 Smith, R.N., the medical records Improper speculation. Improper conclusion.
department, and the medical records Hearsay.
26 committee which ultimately
determines what the contents of a
27 medical record will be.
28
1 130. Toni Smith, R.N. offered a Smith The transcript is not authenticated. It is not a
succinct description of her Depo., certified copy, it is a condensed transcript for
2 conversations with Jadwin on the issue 8/19/08,pgs. informal attorney use. No reporter certification
of PCCs. The conversations were not 72:19-73:17 is attached to the transcript.
3 professional conversations-”It just was
a dead-end conversation. I mean, he Improper speculation. Improper conclusion.
4 had his mind made up that those Hearsay.
things-he had never seen an
5 organization where they hadn’t been
stored in the lab. I had indicated-I
6 indicated to him that I had never seen
an organization where they were
7 stored in the lab. And I questioned
him as to how he was going to be able
8 to locate that if we needed it for
patient care purposes. I think he said
9 he was going to store them in binders
or in notebooks or boxes or
10 something. You know, it was
irrelevant as far as I was concerned. I
11 felt that it was very important to have
that information-one, we needed to
12 know that the patient had-had received
the blood. We needed the vital sign
13 information during the blood
transfusion part, which would leave a
14 huge gaping hole in patient
information if that was stored
15 somewhere in the lab.”
16 131. Toni Smith considered Jadwin’s Smith The transcript is not authenticated. It is not a
conduct at the MEC meeting as Depo., certified copy, it is a condensed transcript for
17 uncooperative, refusal to consider 8119/08, pg. informal attorney use. No reporter certification
other points of view or suggestions, 77:9-20 is attached to the transcript.
18 etc.
Relevance.
19 132. Jadwin’s charges of being out of Smith The transcript is not authenticated. It is not a
compliance with regulatory agencies Depo., certified copy, it is a condensed transcript for
20 were unfounded, and regulatory 8/19108, informal attorney use. No reporter certification
agencies found no jeopardy of KMC’s pgs. 84: 11- is attached to the transcript.
21 level of compliance. 85:7
Misstates testimony. Speculation. No
22 foundation. Improper conclusion.
1 133. Dr. Abraham gradually had fewer Abraham The transcript is not authenticated. It is not a
and fewer interactions with Jadwin Depo., certified copy, it is a condensed transcript for
2 because his attitude was pompous and 8118/08, informal attorney use. No reporter certification
arrogant. Since the conversations with pgs. 49: 16- is attached to the transcript.
3 Jadwin were not cordial, it negatively 52:9 and 75
affected patient care. She didn’t :22-76: 19 No foundation. Improper speculation.
4 discuss Jadwin’s attitude with other Improper opinion. Improper conclusion.
doctors because she thought his
5 attitude was evident to everyone.
6 134. Dr. Abraham testified that many Abraham The transcript is not authenticated. It is not a
or most physicians reported Depo., certified copy, it is a condensed transcript for
7 difficulties in getting along with 8118/08, informal attorney use. No reporter certification
Jadwin. pgs. 185:7- is attached to the transcript.
8 187:9
No foundation. Improper speculation.
9 Improper opinion. Hearsay.
135. Jadwin’s communication style Bryan The transcript is not authenticated. It is not a
10 was, to some people, offensive and Depo., certified copy, it is a condensed transcript for
abrasive, and he had a hard time 8114/08, informal attorney use. No reporter certification
11 accepting differing opinions from pgs. 90:4- is attached to the transcript.
others. 92:2
12 No foundation. Improper speculation.
Improper opinion. Hearsay.
13 136. “Compromise” was not in Bryan The transcript is not authenticated. It is not a
Jadwin’s vocabulary. It is not enough Depo., certified copy, it is a condensed transcript for
14 to be right; a department chair must 8114/08, informal attorney use. No reporter certification
exercise judgment on how to deal with pgs. 100: is attached to the transcript.
15 others. 12102: 1
No foundation. Improper speculation.
16 Improper opinion.
137. Jadwin said Dr. Ragland was not Bryan The transcript is not authenticated. It is not a
17 qualified to be a staff officer, and he Depo., certified copy, it is a condensed transcript for
called Dr. Harris an idiot on several 8114/08, informal attorney use. No reporter certification
18 occasions. pgs. is attached to the transcript.
107:16109:
19 11 Relevance.
20 138. E-mail to Bryan from Jadwin Bryan The transcript is not authenticated. It is not a
asking Bryan what he (Bryan) has Depo., certified copy, it is a condensed transcript for
21 done on the cytotech issue. Bryan said 8114/08, informal attorney use. No reporter certification
that he was not the appropriate person pgs. 171: is attached to the transcript.
22 to resolve this. Jadwin should be 17173: 11
directing this to the chairman; Bryan (Exhibit No foundation. Improper conclusion.
23 only gets involved if approval is 271)
necessary.
24
139. Bryan recalls private Bryan The transcript is not authenticated. It is not a
25 conversations with Jadwin where Depo., certified copy, it is a condensed transcript for
Jadwin challenged Toni Smith’s 8114/08, pg. informal attorney use. No reporter certification
26 competency as chief nursing officer. 230: 10-15 is attached to the transcript.
27
28
1 140. Jadwin was so obsessed with Harris The transcript is not authenticated. It is not a
personnel actions or inactions that he Depo., certified copy, it is a condensed transcript for
2 was distracted in his duties. “ ... his 8113/08, informal attorney use. No reporter certification
behavior threatened a healthy, pgs. 171: is attached to the transcript.
3 productive work environment at the 16174: 8 pg.
hospital.” 173:9-10 No foundation. Improper speculation.
4 Improper opinion. Improper conclusion.
141. In most cases, doctors know how Harris The transcript is not authenticated. It is not a
5 to calm each other down and act Depo., certified copy, it is a condensed transcript for
professionally and collegially. Jadwin 8/13/08,pgs. informal attorney use. No reporter certification
6 was “unusual.” Jadwin was unable to 212:16218: is attached to the transcript.
interact collegially and professionally 11
7 to create a healthy, collaborative pg.215:18- No foundation. Improper speculation.
working environment. 21 Improper opinion. Improper conclusion.
8
142. Jadwin denied referring to Dr. Jadwin The transcript is not authenticated. It is not a
9 Epstein as cavalier. Jadwin said that Depo., certified copy, it is a condensed transcript for
on another matter, at another time, he 3/12/08,901 informal attorney use. No reporter certification
10 said that Dr. Epstein’s diagnoses were :12-903: 1 is attached to the transcript.
a little cavalier.
11
143. Dr. Ragland testified that Jadwin Ragland The transcript is not authenticated. It is not a
12 acted inappropriately in several Depo., certified copy, it is a condensed transcript for
instances. 8/22/08, pg. informal attorney use. No reporter certification
13 12:8-23 is attached to the transcript.
14 No foundation. Improper speculation.
Improper opinion. Improper conclusion.
15 a) The first incident was when Jadwin, pg.16:15- The transcript is not authenticated. It is not a
in a meeting, said Dr. Ragland was 16. certified copy, it is a condensed transcript for
16 incompetent and shouldn’t be the informal attorney use. No reporter certification
medical staff president. is attached to the transcript.
17
No foundation. Improper speculation.
18 Improper opinion. Improper conclusion.
b) The second incident was Jadwin pgs. 59:21- The transcript is not authenticated. It is not a
19 taking over the blood usage committee 60: 17 and certified copy, it is a condensed transcript for
and not letting any other physicians on 86:5-25 informal attorney use. No reporter certification
20 it. Jadwin sent Dr. Ragland an e-mail is attached to the transcript.
stating that he thought having other
21 physicians on the committee was a Evidence was spoliated in violation of
waste of time because “they will all preservation request.
22 rubber stamp it.” Dr. Ragland
interpreted this to mean that Jadwin No foundation. Improper speculation.
23 did not think that anyone else at KMC Improper opinion. Improper conclusion.
had the competence or experience to
24 sit on the committee.
25
26
27
28
1 c) The third incident was Jadwin’s pg. 94:16 The transcript is not authenticated. It is not a
fighting with the radiologists and 95:15 and certified copy, it is a condensed transcript for
2 calling them incompetent. According 155:2- informal attorney use. No reporter certification
to Dr. Ragland, Jadwin was wrong 156:13 is attached to the transcript.
3 because the procedurist (the
radiologist) should chose the Hearsay. No foundation. Improper speculation.
4 equipment he uses (gauge of needle is Improper opinion. Improper conclusion.
an example) as that is who is
5 performing the task.
6 d) The fourth incident was Jadwin pgs. 106: The transcript is not authenticated. It is not a
hijacking the presentation at the 18-109: 14 certified copy, it is a condensed transcript for
7 October 2005 oncology conference. and 156:14- informal attorney use. No reporter certification
25 is attached to the transcript.
8
Hearsay. No foundation. Improper speculation.
9 Improper opinion. Improper conclusion.
144. Dr. Ragland observed an incident Ragland The transcript is not authenticated. It is not a
10 involving Dr. Shertukde wherein Depo., certified copy, it is a condensed transcript for
Jadwin intimidated her into giving the 8/22/08, pg. informal attorney use. No reporter certification
11 answer he wanted and then he 110:7-17 is attached to the transcript.
dismissed her from the room.
12
145. Watson describes how Jadwin’s Watson The transcript is not authenticated. It is not a
13 disruptive misconduct was discussed Depo., certified copy, it is a condensed transcript for
at several JCC meetings. 8/25/08, pg. informal attorney use. No reporter certification
14 13:3-16 is attached to the transcript.
15 Hearsay. No foundation. Improper speculation.
Improper conclusion.
16 146. Watson testified to his Watson The transcript is not authenticated. It is not a
impression of Jadwin’s involvement Depo., certified copy, it is a condensed transcript for
17 with KMC management regarding 8/25/08, pg. informal attorney use. No reporter certification
whether to remove him as chair, etc. 32:6-1 0 is attached to the transcript.
18 He felt that Peter Bryan had made a
lot of effort to engage Jadwin but that Hearsay. No foundation. Improper speculation.
19 Jadwin was unresponsive. Improper conclusion.
20
21
22
23
24
25
26
27
28
18 a) Dr. Ragland heard about the e-mail Ragland The transcript is not authenticated. It is not a
although he never saw it. He heard Depo., certified copy, it is a condensed transcript for
19 that the e-mail was turned over to Dr. 8/22/08, informal attorney use. No reporter certification
Yoo, head of psychiatry. He also pgs. 332:4- is attached to the transcript.
20 heard that Jadwin had contacted the 337:2
licensing board about him with this Hearsay.
21 same accusation.
6 160. Memo from Peter Bryan to DFJ00794- The transcript is not authenticated. It is not a
Jadwin, dated 4/17/06, telling him that 795; Bryan certified copy, it is a condensed transcript for
7 he must either work on improving his Depo., informal attorney use. No reporter certification
relationships with staff or step down 8/14/08, is attached to the transcript.
8 as chairman of pathology department. pgs. 231 :9-
Bryan states “You have made many 237:25; pgs. Misstates testimony.
9 derogatory comments about some of 233:2-17
the staff members” and “this apparent and 237:2-
10 lack of insight on your part is at the 11
heart of your inability to meaningfully
11 contribute as a member of the medical
staff leadership group.” In Bryan’s
12 Depo., he distinguished between the
department running well on a
13 technical level (which he notes in this
memo) and Jadwin’s deficiencies as
14 department chair
1 163. Gilbert Martinez described an Martinez The transcript is not authenticated. It is not a
incident an unannounced inspection Depo., certified copy, it is a condensed transcript for
2 occurred and Jadwin was not present. 4/16/08, informal attorney use. No reporter certification
Martinez proceeded to show the pgs. is attached to the transcript.
3 inspectors around the laboratory. 127:22130:
Jadwin returned, became upset when 3 Misstates testimony.
4 he discovered the inspectors were
there, stated that the inspection had
5 been mishandled, and then said that if
Jadwin had a gun, he would shoot
6 someone. Jadwin never apologized to
him for making the remark. The
7 incident happened sometime before
2005.
8
164. Dr. Dutt believed that Jadwin Dutt Depo., The transcript is not authenticated. It is not a
9 tried to retaliate against Dr. Taylor 8/20/08 pgs. certified copy, it is a condensed transcript for
who is married to Dr. Abraham. 291 :7-292: informal attorney use. No reporter certification
10 Jadwin’s dislike of Dr. Abraham is 11 is attached to the transcript.
well-known. For instance, Jadwin
11 refused to make the obvious diagnosis Improper speculation. Improper opinion.
on one of Dr. Taylor’s cases. Improper conclusion.
12
165. Dr. Dutt reported to Dr. Harris Dutt Depo., The transcript is not authenticated. It is not a
13 complaints by Dr. Shertukde that 8/20/08, certified copy, it is a condensed transcript for
Jadwin was angry and hostile toward pgs. 298:23- informal attorney use. No reporter certification
14 her. Dutt did so because he was afraid 300:24 is attached to the transcript.
that Dr. Shertukde or Vangie Gallegos
15 would file a case against the County Hearsay. Improper speculation.
for harassment or hostile work
16 environment based on Jadwin’s
behavior.
17
18 Meeting on February 22, 2006
19 166. Dr. Abraham recalled how Abraham The transcript is not authenticated. It is not a
Jadwin insulted her and how he had Depo., certified copy, it is a condensed transcript for
20 insulted Dr. Ragland and, in general, 8118/08, informal attorney use. No reporter certification
that he managed to insult everyone pgs. 198:24- is attached to the transcript.
21 who was there but she did not 207: 17
remember specific statements beyond
22 those directed at her and Dr. Ragland.
23 167. Jadwin insulted, literally, Bryan The transcript is not authenticated. It is not a
everyone at the meeting face-to-face. Depo., certified copy, it is a condensed transcript for
24 8/14/08, informal attorney use. No reporter certification
pgs. 109: is attached to the transcript.
25 12111: 10
Improper conclusion.
26
27
28
1 168. Bryan thanked Dr. Ragland for Bryan The transcript is not authenticated. It is not a
showing restraint in the face of Depo., certified copy, it is a condensed transcript for
2 Jadwin’s insults. 8/14/08, informal attorney use. No reporter certification
pgs. is attached to the transcript.
3 156:22157:
12 Improper conclusion.
4
169. Jadwin made attacking Harris The transcript is not authenticated. It is not a
5 statements and charges at attendees of Depo., certified copy, it is a condensed transcript for
2/22/06 meeting. 8/13/08, pg. informal attorney use. No reporter certification
6 159 :2-13 is attached to the transcript.
7 170. Jadwin insulted Dr. Ragland Harris The transcript is not authenticated. It is not a
severely at the 2/22/06 meeting. Depo., certified copy, it is a condensed transcript for
8 8113/08, pg. informal attorney use. No reporter certification
196:7-20 is attached to the transcript.
9
Improper conclusion.
10 171. Jadwin insulted all of the doctors Harris The transcript is not authenticated. It is not a
at the meeting, including Dr. Harris. Depo., certified copy, it is a condensed transcript for
11 8/13/08 pgs. informal attorney use. No reporter certification
230:4232: is attached to the transcript.
12 13
Improper conclusion.
13 172. Harris refused to characterize Harris The transcript is not authenticated. It is not a
Jadwin’s behavior as crazy but he did Depo., certified copy, it is a condensed transcript for
14 offer “excessive” as a description and 8113/08, informal attorney use. No reporter certification
agreed with Eugene Lee’s adjectives pgs. is attached to the transcript.
15 of “unprofessional” and 234:24235:
“unreasonable.” Harris said it was the 23 and
16 most unprofessional, unreasonable, 305:20308:
excessive behavior he has ever seen in 22
17 a physician.
18 173. The first incident of Jadwin’s Ragland The transcript is not authenticated. It is not a
inappropriate conduct was when Depo., certified copy, it is a condensed transcript for
19 Jadwin, during this meeting, said Dr. 8/22/08, pg. informal attorney use. No reporter certification
Ragland was incompetent and 16: 12-16 is attached to the transcript.
20 shouldn’t be the medical staff
president.
21
174. E-mail from Dr. Ragland to Peter 0000507 None.
22 Bryan, dated 2/23/06, stating that the
meeting with Jadwin on 2/22/06 was
23 “one of the most distasteful events I
have ever participated in.”
24
25 Demotion to Staff Pathologist
26
27
28
1 181. E-mail from Dr. Dutt to Jadwin, DFJ01449 Hearsay. No foundation. Improper conclusion.
dated 11/22/06, reminding him of a (000085]) Improper speculation. Improper opinion.
2 rush case that Jadwin failed to process
promptly and counseling Jadwin to
3 remember it when criticizing others.
4 182. E-mail from Dr. Dutt to Jadwin, 0000827 Hearsay. No foundation. Improper conclusion.
dated 12/4/06, chastising Jadwin for Improper speculation. Improper opinion.
5 criticizing Dr. Shertukde’s diagnosis
without consulting others first;
6 chastising him for refusing to get
outside consult on a hard case; and
7 chastising him for failing to remove
the sharps from the cutting area when
8 he was done.
13 b) E-mail from Dr. Dutt to Yolanda 0000862 Hearsay. No foundation. Improper conclusion.
Figueroa, dated 12/7/06, Improper speculation. Improper opinion.
14 acknowledging her report that Jadwin
had left two long blades and a scalpel
15 out after he was finished. 183. E-mail
from Dr. Dutt to Jadwin, dated
16 12/5/06, regarding Jadwin’s
uncooperativeness with him and
17 general failure to adhere to a chain of
command.
18
183. E-mail from Dr. Dutt to Jadwin, DFJ01465 Hearsay. No foundation. Improper conclusion.
19 dated 12/5/06, regarding Jadwin’s (0000856) Improper speculation. Improper opinion.
uncooperativeness with him and
20 general failure to adhere to a chain of
command.
21
184. E-mails between Dr. Dutt and DFJ01476- Hearsay. No foundation. Improper conclusion.
22 Jadwin, dated 12/6/06, arguing over a 1478 Improper speculation. Improper opinion.
criticism Jadwin made of a diagnosis (0000857-
23 that Dr. Shertukde did and involving 858)
alleged defamatory and retaliatory
24 statements made by Jadwin. Dr. Dutt
tells Jadwin that people are afraid of
25 him because of his hostility and that it
is Jadwin’s fault for how he treats
26 others.
27
28
1 185. E-mail from Dr. Dutt to David 0001466 Hearsay. No foundation. Improper conclusion.
Culberson, dated 12/6/06, stating that Improper speculation. Improper opinion.
2 he had counseled Jadwin for not
sending out a case for consultation
3 that, in fact, turned out to be a missed
endometrial cancer and now Jadwin
4 was pushing a lot of cases out for
consultation, burdening the staffs time
5 and budget.
6 186. E-mail from Dr. Dutt to Jadwin, 0000863 Hearsay. No foundation. Improper conclusion.
dated 12/7/06, chastising him for Improper speculation. Improper opinion.
7 commanding Yolanda to treat the
placentas when in his e-mail of
8 11/6/06 (0000825 above) specifically
said that only Vangie was to work
9 with placentas.
10 187. Jadwin was uncooperative after Dutt Depo., The transcript is not authenticated. It is not a
returning from leave. He was asked 8/20/08, pg. certified copy, it is a condensed transcript for
11 specifically to resume doing the blood 284:25- informal attorney use. No reporter certification
bank reviews and he did not do them. 285:5 is attached to the transcript.
12
No foundation. Improper conclusion. Improper
13 speculation. Improper opinion.
188. Dr. Dutt, acting Chair of the Dutt Depo., The transcript is not authenticated. It is not a
14 Pathology Department had concerns 8/20/08, certified copy, it is a condensed transcript for
that Jadwin was creating a hostile pgs. 286:6- informal attorney use. No reporter certification
15 work environment. This prompted 289: 1; 290: is attached to the transcript.
meetings with Dr. Perez, David 14-20
16 Culberson, and Dr. Harris. No foundation. Improper conclusion. Improper
speculation. Improper opinion.
17 189. Dr. Dutt would try to counsel Dutt Depo., The transcript is not authenticated. It is not a
Jadwin one-on-one but Jadwin would 8/20/08, certified copy, it is a condensed transcript for
18 avoid the conversation. He would pgs.296:20- informal attorney use. No reporter certification
make an excuse to leave the room or 297:13 is attached to the transcript.
19 leave the hospital. Because Jadwin
made it difficult for Dr. Dutt to talk to No foundation. Improper conclusion. Improper
20 him, Dr. Dutt had no alternative but to speculation. Improper opinion.
send his concerns about Jadwin’s
21 work to the Peer Review Committee.
22 190. E-mail to Dr. Dutt from Jadwin, DFJ01479- None.
dated 12/6/06, with copies to David 1480
23 Culberson, Dr. Harris and Karen
Barnes, alleging that he has been
24 “singled out for non-transparent ‘PCC
r review’“ as well as personal attacks,
25 and he requests the KMC
administration to initiate a formal
26 review.
27
Date: December 1, 2008
28