2010-2020 Medical Malpractice cases against Dr. Toriumi plus traffic accident with reckless driving

Medical Malpractice Cases against Dean M. Toriumi, MD at
Circuit Court of Cook County, Illinois – 2010-2020
- Case 2010L001341 - KENNETH CLARK -vs- DEAN TORIUMI,
MD (non-consensual banking), refiled later as
2013L013546
- Case 2010L012979 - HELEN KAKOS -vs- DEAN TORIUMI,
MD, 900 NORTH MICHIGAN SURG, et al. (nonconsensual
cartilage banking, ghost surgeons)
- Case 2011L011493 - DENA CHOATE -vs- DEAN TORIUMI
(non-consensual procedures, negligence)
- Case 2020L013631 - JEFFREY FEENEY -vs- 900 NORTH
MICHIGAN SURGIC, DEAN TORIUMI (non-consensual,
destructive "reconstruction", ghost surgery)
Traffic Accident/Reckless Driving Cases against Dean M. Toriumi,
MD at Circuit Court of Cook County, Illinois – 2019
- Case 2019L002380 - RAFAEL ROBINSON -vs- RYAN
HANCOCK,DEAN TORIUMI (traffic accident, Toriumi
accused of reckless driving)
- Case 2019L001695 RYAN HANCOCK -vs- DEAN TORIUMI
(traffic accident, Toriumi accused of reckless driving)

10/7/23, 1:01 PM | Clerk of the Circuit Court of Cook County
Civil, Law, Chancery, Domestic Case Search
For your convenience, the Clerk of the Circuit Court offers on-line access to electronic docket information for cases
in the Criminal divisions. By using this service, the user agrees and understands that he or she is bound by the on-
line access to court records Terms of Agreement.
=e
Case
Number
%@ 2002L010620
Tm 2010L001341
Tp 2011L011493
%@ 2019L002380
Tm 2010L012979
Tm 2013L013546
Tg 2020L013631
= 2019L001695
= 1995L016745
“po 1996L011246
Results as of 10/7/2023 1:00:42 PM — Click on the icon to view case details
PlaintiffVsDefendant
ALEC SCOTT-vs-BENJAMIN LIGHT, MD,DEAN TORIUMI, MD
KENNETH CLARK -vs- DEAN TORIUMI, MD
DENA CHOATE-vs-DEAN TORIUMI
RAFAEL ROBINSON -vs- RYAN HANCOCK,DEAN TORIUMI
HELEN KAKOS -vs- STEVEN HOFF, MD,COLIN PERO, MD,SURGERY
CENTER 900 NORTH,900 NORTH MICHIGAN SURG,DEAN TORIUMI,
MD
JEFFREY FEENEY -vs- FACIAL TORIUMI,900 NORTH MICHIGAN
SURGIC,DEAN TORIUMI
RYAN HANCOCK -vs- DEAN TORIUMI
BERNARD GARB -vs- UNIVERSITY IL HOSPITAL,DEAN TORIUMI
MAKRAM SALIB -vs- SHAMIM DADA, MD,MAHMOOD MAFEE,
MD,DEAN TORIUMI, MD
https://casesearch.cookcountyclerkofcourt.org/CivilCaseSearchAPI.aspx 1/1

Circuit Court of Cook County, Illinois
Case number 2010L001341
(later refiled as 2013L013546)
(non-consensual cartilage banking)

100231.175
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, LAW DIVISION
KENNETH CLARK,
Plaintiffs,
No. 2010L 001341
v. Judge Ronald S. (Davis)
DEAN TORIUMI, M.D.,
Defendants.
NOTICE OF MOTION #‘r
TO: Nathan Polum
The Deratany Firm
221 North LaSalle Street, Suite 2200
Chicago, IL 60601
PLEASE TAKE NOTICE that on C, 201 o Fr3ogmdm,
or as soon thereafter as this motion may be#eard, we shall appear before the Honorable Judge John
P. Kirby, or any Judge sitting in his place or stead, in the Courtroom usually occupied by him in
Room 2203 in the Richard J. Daley Center, Chicago, IL, and, present DEFENDANT'S MOTION TO
COMPEL, a copy of which is attached hereto.
Donchue Brown Mathewson & Smyth LLIC
DONOHUE BROWN MATHEWSON & SMYTH LLC
0S:
2
Hd
01
r
21
2
r
-
a
3
d
1.D. #32878
Sherri M. Arrigo
140 South Dearborn Street, Suite 800
Chicago, IL 60603
Telephone: (312) 422-0900
Facsimile: (312) 422-0909
PROOF OF SERVICE
1, Sharon A. Platt, a non-attorney, on oath hereby certify under penalties of perjury as provided by law
pursuant to 735 ILCS 5/1-109, that the above notice and any attached pleadings were served on July 10,2012
at or before 5:00 p.m. from 140 South Dearborn Street, Chicago, Illinois, by: () personal delivery; or (XX)
depositing in the U.S. Mail, with first-class postage prepaid and directed to the parties at the addresses set forth
above; or () delivery to a third-party commercial carrier, with the delivery charge prepaid and directed to the
parties at the addresses set forth above; or () transmitting via facsimile from telephone number 312-422-0909
in Chicago, Illinois to the parties at the telephone numbers set forth above (___ pages transmitted).
Lo 2

100231.171
KENNETH CLARK,
Plaintiff, ';'g E -
e —
y No. 2010L 001341 28 € I
. =
o ; ™
- U/
DEAN TORIUMIL M.D,, © ©
= 8 = —t
=
Defendant. §§ : Ny
= o
DEFENDANT’S MOTION TO COMPEL
NOW COMES the defendant, DEAN TORIUMI, M.D., by and through his attorneys in this
regard, Sherri M. Arrigo, Tanya E. Springman and DONOHUE BROWN MATHEWSON &
SMYTH and moves to compel the plaintiff pursuant to Illinois Supreme Court Rule 201 and 214. In
support of this motion, this defendant states as follows:
On January 29, 2010, plaintiff filed a two count complaint at law in the Circuit Court of Cook
County against Dr. Toriumi, alleging medical negligence and battery in connection with rhinoplasty
surgery performed by Dr. Toriumi on January 31, 2008. The plaintiff alleges that Dr. Toriumi
negligently performed the procedure, failed to exercise proper care during the removal of plaintiff’s
rib and during the subsequent rhinoplasty, negligently removed an excessive amount of rib to use
during the rhinoplasty procedure, negligently placed rib cartilage behind plaintiff’s right ear without
plaintiff’s consent, and was otherwise negligent, causing severe, irreversible and permanent injuries.
(See plaintiff’s complaint at law, Exhibit A.)
The plaintiff further alleges that as a direct result of the professional negligence of Dr.
Toriumi, he sustained certain losses. (Ex. A.)
|

In support of plaintiff’s allegations of loss, Mr. Clark filed answers to written discovery on
November 5, 2010. (See plaintiff’s answers to interrogatories, answer to interrogatory 12 and 13,
Exhibit B.)
On March 2, 2012, Mr. Clark provided deposition testimony in connection with this matter.
(See deposition transcript of Kenneth Clark, attached hereto as Exhibit C.)
Based on the plaintiff’s answers to written discovery and the deposition testimony of the
plaintiff, certain documents that are relevant to the issues in this case remain outstanding,
specifically: 1) Mr. Clark’s tax returns from 2005 through 2011 and special authorizations for out of
state employment records; 2) any emails or correspondence that Mr. Clark sent to Dr. Toriumi; and
3) certain mental health information.
TAX RETURNS AND OUT OF STATE EMPLOYMENT RECORDS
Plaintiff indicated in his answers to interrogatories that he has only been able to work part
time due to the emotional and physical pain he has experienced. (Exhibit B, answer to interrogatory
12 and 13.) Mr. Clark disclosed that he had lost time at work from two employers, Rita Aid
Pharmacy of Billerica, Massachusetts, and CVS Pharmacy or Saugus, Massachusetts, due to his
injuries related to the surgery at issue. In response to these disclosures, on November 18, 2010,
defense counsel wrote a letter to plaintiff’s counsel enclosing two HIPAA compliant special
authorizations to receive Mr. Clark’s records from these out of state entities. (See correspondence
dated November 18, 2010, attached hereto as Exhibit D.) Plaintiff did not respond.
A second request for the executed special authorizations was sent on February 1,2011. (See
correspondence dated February 1, 2011, attached hereto as Exhibit E.) Plaintiff did not respond.

A third request for the executed special authorizations was sent on February 8, 2011. (See
correspondence dated February 8, 2011, attached hereto as Exhibit F.) This request also sought a
copy of plaintiff’s tax returns for 2005 through 2010. Plaintiff did not respond.
On April 14, 2011, in the spirit of 201k, defendant again requested that plaintiff produce his
tax returns from 2005 through 2010. (See correspondence dated April 14, 2011, attached hereto as
Exhibit G.) The plaintiff once again failed to respond.
The two out of state entities confirmed in summer 2011 that the special authorizations could
not be sent to Rite Aid and CVS Pharmacy headquarters, but in fact had to be sent to the specific
locations where Mr. Clark worked. Thus, a request for the specific addresses of the pharmacies to
which he worked was requested on June 17, 2011. (See correspondence dated June 17, 2011,
attached hereto as Exhibit H.) Plaintiff, yet again, did not respond.
In follow up to this request for specific pharmacy location information, a fifth request for
assistance was sent to plaintiff’s counsel on December 21, 2011. (See correspondence dated
December 21, 2011, attached hereto as Exhibit I.) Plaintiff did not respond.
On March 2, 2012, plaintiff’s deposition was taken. Mr. Clark testified that he went back to
work in his pharmacy position in a reduced capacity for a number of weeks following the surgery.
(Exhibit C, pg. 21-23) Further, as a result of his interest to “start fresh,” because of his injuries
among other reasons, he switched jobs which cost him some additional time. (Id.)
On June 26, 2012, defendant sent a third request that plaintiff produce his tax returns from
2005 through 2010. (See correspondence dated June 26, 2012, attached hereto as Exhibit J.) The
plaintiff yet again failed to respond. So much time has passed, that Mr. Clark’s tax returns for 2011
should now also be available.

Tt is well established that discovery is to be “a mechanism for the ascertainment of truth, for
the purpose of promoting either a fair settlement or a fair trial.” Ostendorfv. Int’l Harvester Co., 89
IIl. 2d 273, 282 (1982). Great latitude is allowed in the scope of discovery and the concept of
relevance is broader for discovery purposes than for purposes of admitting evidence at trial.
Pemberton v. Tieman, 117 1ll. App. 3d 502, 504-05 (1st Dist. 1983). Relevance for discovery
purposes includes not only what is admissible at trial, but also that which leads to admissible
evidence. Chicago Title and Trust Co. v. Baskin Clothing Co., 219 Ill. App. 3d 726, 736 (1st Dist.
1991).
Because the plaintiff’s own deposition testimony and answers to written discovery made the
production of the plaintiff® tax returns and copies of his employment records relevant, these
documents must be produced. Sup. Ct. R. 201. As indicated above, the tax returns have been
requested on three separate occasions and the information necessary to secure copies of the out of
state employment records have been requested five separate times. Defense counsel has certainly
demonstrated good faith in attempting to seek these items without court intervention, to no avail.
EMAIL CORRESPONDENCE
In summer 2011, defense counsel was made aware that Mr. Clark claimed to have sent Dr.
Toriumi actual documentation requesting that Dr. Toriumi not bank any cartilage during the revision
rhinoplasty procedure. On July 6, 2011, defendant filed a First Supplemental Request for Production
seeking copies of any and all email correspondence that Mr. Clark exchanged with Dr. Toriumi or
his office. (See defendant’s First Supplemental Request for Production, attached hereto as Exhibit
K)

Plaintiff filed answers to this discovery request on October 29, 2011. Plaintiff claimed that
“Plaintiff has changed computers since the date of the occurrence and is unable to locate the email at
this time. Plaintiff is requesting the email from plaintiff’s email provider at the time, AOL.” (See
plaintiff’s response to defendant’s First Supplemental Request for Production, attached hereto as
Exhibit L.)
The issue of plaintiff emailing Dr. Toriumi’s office was further explored at his deposition.
Mr. Clark testified that he emailed a four page document to Dr. Toriumi’s office manager, Pat
Golden, prior to the surgery at issue wherein he formally instructed Dr. Toriumi not to place rib
cartilage behind his ear. (Exhibit C, pg. 62-67.) Mr. Clark further testified that he still has his hard
drive from the computer he used to email Pat Golden that letter requesting that cartilage not be
banked and that as far as the email is concerned, “somewhere it is retrievable.” (Exhibit C, pg. 71.)
Based upon plaintiff’s representations, on April 6, 2012, defendant filed a Second
Supplemental Request for Production seeking copies any and all email correspondence Mr. Clark
exchanged with either Dr. Toriumi or any of his office staff. This request included but was not
limited to any emails in his possession as referenced at his discovery deposition taken on March 2,
2012. The request was based upon the testimony of Mr. Clark that he could retrieve printouts from
his hard drive related to any and all email correspondence exchanged with the defendant or the
defendant’s staff. (See defendant’s Second Supplemental Request for Production, attached hereto as
Exhibit M.)
Plaintiff has never responded to defendant’s Second Supplemental Request for Production.
Mr. Clark’s knowledge that ribbed cartilage might be banked behind his ear and his
allegation that he specifically instructed Dr. Toriumi not to bank cartilage is a central issue of dispute
_5-

in this case. The alleged email that plaintiff sent to Dr. Toriumi’s office is directly relevant to the
issues of informed consent and medical battery that are alleged in this case. The production of that
email was further made relevant by the deposition testimony of Kenneth Clark. The production of
such an email would directly affect the counts alleged in this complaint.
MENTAL HEALTH INFORMATION
At Mr. Clark’s deposition, he confirmed that he has experienced “physical injury and
certainly emotional and psychological injury, as well.” (Exhibit C, pg. 10, 19.) When asked if he
has sought any psychological or emotional treatment for his injuries, Mr. Clark testified that “I have
made attempts to try to do something like that...” (Exhibit ¢, pg. 20.)
On April 6,2012, defendant filed a Second Supplemental Request for Production seeking any
and all data as to the mental condition of Mr. Clark, both prior to and subsequent to the alleged
occurrence, as he put his mental health at issue in his answers to written discovery and during his
deposition. This request included disclosure of the identity of any and all mental health care
providers, including their names and addresses, who Mr. Clark has treated with from the period of
time two years prior to and at any time since the occurrence at issue. (Exhibit M.)
Disclosure of this mental health information is being sought in direct relation to the written
discovery and testimony of the plaintiff concerning his psychological and emotional distress.
CONCLUSION
Tllinois law supports that latitude should be given when a party seeks discovery that is
relevant to the issues in the case. The documents being sought in this motion to compel directly
relate to the issues of liability and damages being alleged by plaintiff in this suit. Plaintiff has made
these issues relevant not only in the manner with which he has plead his complaint, but in his
_6-

answers to written discovery and through his deposition testimony. As such, these documents should
be provided to defense counsel.
WHEREFORE, for the aforementioned reasons, defendant, DEAN TORIUMI, M.D.,
respectfully requests this Court order plaintiff to produce Mr. Clark’s tax returns from 2005 through
2011, the information necessary to secure plaintiff’s out of state employment records, any emails or
correspondence that Mr. Clark sent to Dr. Toriumi, and the requested mental health information.
This defendant also requests any other relief this Court deems just.
Respectfully submitted,
<
Sherri M. Am%e(, Ano@for the defendant.
1D. #32878
Sherri M. Arrigo
Tanya E. Springman
Chicago, IL 60603
Telephone: (312) 422-0900
Facsimile: (312) 422-0909

By i e 5 S A S St o o 5 A
KEilNETH CLARK )
)
Plaintiff, ) No.
)
)
DEAN TORIUMI, M.D )
)
)
Defendant. )
COMPLAINT AT LAW
=
NOW COMES the Plaintiff, KENNETH CLARK, by and through his a
£
DERATANY FIRM, and complaining of the Defendant, DEAN TORIUMI, M.D. ant[statm as’
-
follows: hd
I-NEGLIGENCE-DEAN TORIUMI, M.
1. Plaintiff, KENNETH CLARK, resides at #6 Fabens St., Saugus, Massachusetts.
2. At all times relevant to this complaint, DEAN TORIUMI, M.D. was operating out
of an office located at 60 E. Delaware in the 900 North Michigan Avenue Building, Chicago,
Illinois, County of Cook.
3. That on or about January 31, 2008, DEAN TORIUMI, M.D. performed a
rhinoplasty (cosmetic surgery of the nose) on Plaintiff, KENNETH CLARK’s nose.
4. A In order to obtain bone matter for the rhinoplasty, DEAN TORIUMI, M.D.
removed a large amount of bone from Plaintiff’s rib.
5. DEAN TORIUMI, M.D. placed a large amount of rib bone left over from the
surgery behind Plaintiff’s right ear underneath Plaintiffs skin.
6. At all times relevant to this complaint, DEAN TORIUMI, M.D. held himself out
to the public as a specialist in rhinoplasty.
EXHIBIT
A

e i R s e 1
7. That on or about January 31, 2008, and at all times material to this complaint, the
Defendant, DEAN TORIUMI, M.D. had a duty to comply with the standard of care required of
him and to exercise that degree of skill and care ordinarily exercised by a reasonably well-
qualified specialist in rhinoplasty under similar circumstances.
8. Notwithstanding this duty, on or about January 31, 2008, Defendant, DEAN
TORIUMI, M.D., breached this duty and was negligent in one or more of the following
ways:
a. Negligently performed a rhinoplasty on the Plaintiff;
b. Failed to exercise proper care during the removal of Plaintiff’s rib and
during the subsequent rhinoplasty;
c. Negligently removed an excessive amount of Rib from the Plaintiff to use
during the rhinoplasty procedure;
d. Negligently placed rib cartilage behind Plaintiff’s right ear without
Plaintiff’s consent;
e. Was otherwise careless and negligent;
9. That as a proximate result of one or more of the foregoing negligent acts or
omissions of the Defendant, DEAN TORIUMI, M.D., Plaintiff, KENNETH CLARK, suffered
severe, irreversible, and permanent injuries; has experienced and will experience future pain and
suffering; has incurred and in the future will incur obligations for substantial sums of money for
medical expenses.
WHEREFORE, the Plaintiff KENNETH CLARK, demands judgment against the
Defendant, DEAN TORIUMI, M.D., in an amount in excess of $50,000.00.
COUNT II-BATTERY-DEAN TORIUMI, M.D.
1-9. Plaintiff repeats, adopts, and realleges paragraphs 1 to 9 of Count I
as though fully set forth herein.
i e i B

o it ot om0 i
10. DEAN TORIUMI, M.D. intentionally placed a large amount of bone rib mass
undsmeath the skin behind Plaintiff’s right ear.
11. Atno time prior to the rhinoplasty procedure performed on January 31, 2008, was
Plaintiff ever informed that bone mass would be placed behind his right ear.
12. Atno time did Plaintiff consent to the placement of bone mass behind his right
ear.
13. The procedure performed by DEAN TORIUMI, M.D. was not due to an
emergency condition.
14. Defendant’s actions caused harmful and offensive contact to Plaintiff. As a direct
and proximate result of Defendant’s actions, Plaintiff, KENNETH CLARK, suffered severe,
irreversible, and permanent injuries; has experienced and will experience future pain and
suffering; has incurred and in the future will incur obligations for substantial sums of money for
medical expenses.
WHEREFORE, the Plaintiff KENNETH CLARK, demands judgment against the
Defendant, DEAN TORIUMI, M.D, in an amount in excess of $50,000.00.
KENNETH CLARK
By:
One of Plaintiffs’ Attorneys
DERATANY FIRM
221 N. LaSalle
Suite 2200
Chicago, Illinois 60601
(312)857-7285
Atty No: 30900

~
KENNETH CLARK )
)
Plaintiff, ) No.
)
)
DEAN TORIUMI, M.D., )
)
)
Defendant. )
AFFIDAVIT
NOW COMES the affiant, NATHAN POLUM, being duly sworn under oath and deposes and
states as follows:
1. Iam one of the attorneys for the Plaintiffs in this cause.
2. The total amount of money sought in Plaintiffs’ complaint exceeds fifty-thousand dollars.
Under penalties of perjury pursuant to Section 5/1-109 of the Code of Civil Procedure, the
undersigned certifies as aforesaid that the statements contained in this instrument are true and correct
except as to such statements made on information and belief and as to such statements the undersigned
certifies as aforesaid that he verily believes the same to be true.
3. I was unable to obtain a consultation required pursuant to 735 ILCS 5/2-622 because
statute of limitations would impair the action and the consultation required could not be obtained before
the expiration of the statute oflimitations. I will file a physicians affidavit within 90 days from the date
of the filing of this complaint as required by 735 ILCS 5/2-622(a)(2).
Nt Helo—
Nathan Polum
THE DERATANY FIRM
Attorney for Plaintiff
221 North LaSalle Street
Suite 2200
Chicago, IL 60601
(312)857-7285
Atty No. 309000
R, i -

KENNETH CLARK )
)
Plaintiff, ) No. 10 L 1341
)
)
DEAN TORIUMI, M.D )
)
)
Defendant. )
CERTIFICATE OF SERVICE
TO: DONOHUE BROWN MATHEWSON & SMYTH LLC., 140 S. Dearborn St., Suite 800,
Chicago, IL; Via Facsimile: (312)422-0909
The undersigned under the penalties provided by law pursuant to 735 ILCS 5/1-109
certifies that on November 5, 2010, the documents listed below were sent by facsimile and
mailed to the above listed attorney at the above indicated address, by depositing a copy in the
U.S. Mail Chute, located at 221 N. LaSalle, Suite 2200 at or before 5:00 p.m.
* Plaintiffs Answers to Defendant’s Interrogatories
* Plaintiffs Answers to Defendant’s 213 Interrogatories
* Plaintiff’s Response to Defendant’s Request to Produce
Under penalties as provided by law pursuant to Section 5/1-109 of the Illinois Code of
Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true
and correct except as to matters therein stated to be upon information and belief and as to such
matters the undersigned certifies as aforesaid that he verily believe the same to be true.
[1] Under the penalties as provided by law pursuant to ILL.REV.STAT.CHAP. 110 - SEC 1-
109, I certify that the statements set forth herein are true and correct,
DERATANY FIRM
221 North LaSalle Street
Suite 2200
Chicago, IL 60601
(312) 857-7285
Atty. No.: 30900
EXHIBIT
B
2
H
8

KENNETH CLARK
Plaintiff, No. 10 L 1341
DEAN TORIUMI, M.D
Defendant.
PLAINTIFF KENNETH CLARK’S ANSWERS TO DEFENDANTS
INTERROGATORIES
NOW COMES the Plaintiff, KENNETH CLARK, by and through his attorneys, THE
DERATANY FIRM, and responds to Interrogatories propounded by Defendant DEAN
TORIUMIM.D. Additionally, Plaintiff respectfully reserves the right to supplement these
responses in accordance with Illinois Supreme Court Rule 213 any time before trial.
1. State your full name, as well as your current residence address, social security
number, date and place of birth, and any other name by which you have ever been known.
ANSWER: -
Kenneth Peter Clark
#6 Fabens Street
Saugus, MA 01916
(781)492-3867
Social Security Number: ****¥3995
Date of Birth: 12/2/1960
Place of Birth: Boston, Massachusetts
The Plaintiff has not been known by any other names.
2. Describe the acts and/or omissions of the defendant(s), i.e. the specific diagnosis,
procedure, test, therapy, treatment or other type of healing arts ministration which you claim caused
or contributed to the injuries for which you seek damages and, as to each, state:
a. The date or dates thereof;
b. The name and address of each witness;

c. The names and addresses of all other persons having knowledge thereof
and as to each such person the basis for his or her knowledge; and
d. The location of any and all documents, including without limitation,
hospital and medical records reflecting such acts and/or omissions.
ANSWER:
See Plaintiffs complaint and see Plaintiffs 2-622 affidavit. Investigation continues. Plaintiff
reserves the right to supplement this answer prior to trial.
3. State the full name, last known address, telephone number, occupation and/or
profession, employer or business affiliation, and relationship to you of each person who has or claims
to have knowledge that the defendant(s) deviated from any applicable standard of care in relation to
you. As to each such person, state:
a, The nature of such knowledge;
b. The manner whereby it was acquired;
c The date or dates upon which such knowledge was acquired; and
d. The identity and location of any and all documents reflecting such
deviation.
ANSWER:
Kenneth Peter Clark
#6 Fabens Street
Saugus, MA 01916
(781)492-3867
Investigation continues. See also Plaintiff’s 2-622 Affidavit. Plaintiff reserves the right to
supplement this answer prior to trial.
4. Please state the name, address and specialty, if any, of all treating physicians,
nurses, medical technicians or other persons practicing the healing arts in any of its branches with
whom you or your attorneys have discussed any of the following:
a. The standard of care owed to you by the defendant(s);
b. The negligent acts and/or omissions described in your complaint;
c. The nature and extent of any injuries suffered by you; and
d. The relationship between acts and/or omissions on the part of the
defendant(s) and such injuries.
i
i
|i!
i
i
|
i
i|

ANSWER:
Objection, this interrogatory calls for a legal conclusion. However, without waiving said
objection, see Plaintiffs 2-622 Affidavit. Investigation continues. Plaintiff reserves the right to
5. Do you know of any statements made by any person relating to the care and
treatment or the damages alleged in the complaint? If so, give the name and address of each such
witness and the date of the statement, and state whether such statement was written or oral and if
written the present location of each such statement.
ANSWER:
See what can be construed as statements in the Plaintiffs medical records. See also what can be
construed as statements in Plaintiff’s 2-622 affidavit. Investigation continues. Plaintiff reserves
the right to supplement this answer prior to trial.
6. State the name, author, publisher, title, and date of publication and specific
provision of all medical texts, books, journals or other medical literature which you or your
attorney intend to use as authority or reference in proving any of the allegations set forth in the
complaint.
ANSWER:
Plaintiff intends to use the generally accepted body of medical literature relevant to issues in this
case. Investigation continues. Plaintiff reserves the right to supplement this answer prior to trial.
7. Identify each and every rule, regulation, by-law, protocol, standard or writing of
whatsoever nature by any professional group, association, credentialing body, accrediting
authority or governmental agency which you, or your attorney, may use at trial to establish the
standard of care owed by the defendant(s), or the breach thereof.
ANSWER:
Plaintiff intends to use the generally accepted body of medical literature relevant to issues in this
case. See also the applicable provisions of the Illinois Administrative Code, Illinois law, lllinois
jury instructions, and referenced texts and standards. Investigation continues. Plaintiff reserves
the right to supplement this answer prior to trial.

8. Please identify and state the location of any of the following documents relating to
the issues in this case which either bear the name, handwriting and/or signature of the
defendant(s):
a. Publications and/or professional literature authored by the
defendant(s), including publication source and reference;
b. Correspondence, records, memoranda or other writings prepared by
the defendant(s) regarding your diagnosis, care and treatment, other
than medical and hospital records in this case; and
c. Documents prepared by persons other than you or your attorneys which
contain the name of the defendant(s).
ANSWER:
See Plaintiffs medical records. Investigation continues. Plaintiff reserves the right to
9. Describe the personal injuries sustained by you as the result of the negligent acts
or omissions described in your complaint.
ANSWER:
Due to the Defendant’s negligence, the Plaintiff suffered from persistent pain in right arm and
right side of his chest area of the donor site for the rib cartilage graft. The rib cartilage material
placed behind his ear also causes Plaintiff to experience discomfort when he sleeps, wears eye
glasses and sunglasses, and the cartilage material otherwise causes pain and general discomfort.
Plaintiff’s nose and upper lip are also deformed. Plaintiff also experiences nasal pain, nasal
swelling and nasal discomfort. See also Plaintiff’s complaint and Plaintiffs 2-622 affidavit.
Investigation continues. Plaintiff reserves the right to supplement this answer prior to trial.
10. With regard to your injuries, state:
a The name and address of each attending physician and/or health care
professional;
b. The name and address of each consulting physician and/or other health
care professional;
c The name and address of each person and/or laboratory taking any x-ray,
MRI and/or other radiological tests of you;
d. The date or inclusive dates on which each of them rendered you service;
e. The amounts to date of their respective bills for service; and

£ From which
of themn you have written reports.
ANSWER:
a-b.
A
f.
Dr. Michael Yaremechuk
The Boston Center
170 Commonwealth Avenue
Boston, Massachusetts 02116
Tel: (617) 267-0710 '
Investigation continues.
None at this time. Investigation continues.
Plaintiff visited Dr. Michael Yaremechuk in approximately March 2010. Investigation
continues.
Plaintiff is awaiting receipt of medical bills. Investigation continues.
No written reports at this time. Investigation continues.
As to a-f of Interrogatory Number 10, Investigation continues. Plaintiff reserves the right to
supplement this response prior to trial.
11. As the result of your personal injuries, were you a patient or outpatient in any hospital
and/or clinic? If so, state the names and addresses of all hospitals and/or clinics, the amounts of their
respective bills and the date or inclusive dates of their services.
ANSWER:
See Answer to Number 10 above. Investigation continues. Plaintiff reserves the right to
12. As the result of your personal injuries, were you unable to work? If so, state:
a. The name and address of your employer, if any, at the time of the acts
and/or omissions described in the complaint, your wage and/or salary, and
the name of your supervisor and/or foreperson;
b. The date or inclusive dates on which you were unable to work;
c. The amount of wage and/or income loss claimed by you; and
d. ' The name and address of ‘your present employer and your wage and/or
salary.

ANSWER:
a. Rite Aid Pharmacy, 467 Boston Rd., Billerica, MA. Wage/Salary: Approximately
$52/hour. Supervisors: Frank Silber and Rick Geaney.
b. Due to the unexpected pain and discomfort in Plaintiffs shoulder, chest and upper right
arm area, Plaintiff was delayed in returning to work for at least three weeks after the time the
surgery was performed. Plaintiff returned to work in approximately late February 2008. When
Plaintiff returned to work he was only able to work part time due to the pain he was experiencing
as a result of the Defendants negligence. Plaintiff was only able to work approximately 2/3 of
his normal hours during this time period. Additionally, Plaintiff was also unable to work during
two weeks in April 2008. Investigation continues. Plaintiff reserves the right to supplement this
answer prior to trial.
c. Investigation continues. Plaintiff reserves the right to supplement this answer prior to
trial.
d. CVS Pharmacy, 1075 Broadway, Saugus Massachusetts, 01906, Wage/Salary:
Approximately 61.18/hour. Supervisors: Ted Carlman.
13. State any and all other expenses and/or losses you claim as a result of the
acts and/or omissions described in the complaint. As to each expense and/or loss, state the date or
dates it was incurred, the name of the person, firm and/or company to whom such amounts are owed,
whether the expense and/or loss in question has been paid and, if so, by whom it was so paid, and
describe the reason and/or purpose for each expense and/or loss.
ANSWER:
See Answer to Number 12 above for lost wages and earnings. Plaintiff also is expected to incur
additional expenses for corrective surgery. Investigation continues. Plaintiff reserves the right
to supplement this answer prior to trial. Investigation continues. Plaintiff reserves the right to
14. Had you suffered any personal injury or prolonged, serious and/or
chronic illness within ten (10) years prior to the date ofthe acts and/or omissions described in
your complaint? If so, state when and how you were injured and/or ill, where you were injured
and/or ill, describe the injuries and/or illness suffered, and state the name and address of each
physician, or other health care professional, hospital and/or clinic rendering you treatment for each
injury and/or chronic illness.
For each physician, or other health care professional, hospital and/or clinic identified in
the preceding paragraph, state the name and address of each insurance company or other entity
(health maintenance organization, governmental public assistance program, etc.) which provided to
you indemnity, reimbursement or other payment for the medical services received by you and as to

each such payor, state the policy number, group number and/or identification number under which
you were able to obtain such medical services.
ANSWER:
No.
15. Have you suffered any personal injury or prolonged, serious and/or
chronic illness since the date of the negligent act or omission alleged in your complaint? If so,
state when you were injured and/or ill, where and how you were injured and/or ill, describe the
injuries and/or illness suffered, and state the name and address of each physician or other health care
professional, hospital and/or clinic rendering you treatment for each injury and/or chronic illness.
ANSWER:
Due to the Defendant’s negligence, the Plaintiff suffered from persistent pain in right arm and
right side of his chest area of the donor site for the rib cartilage graft. The rib cartilage material
placed behind his ear also causes Plaintiff to experience discomfort when he sleeps, wears eye
glasses and sunglasses and the cartilage material otherwise causes pain and discomfort.
Plaintiffs nose and upper lip are also deformed. Plaintiff also experiences nasal pain, nasal
swelling and nasal discomfort. Investigation continues. Plaintiff reserves the right to
16. Have any other suits been filed for your personal injuries preceding the filing of this
lawsuit? If so, state the nature of the injuries claimed, the courts and the captions in which filed, the
years filed, and the titles and docket numbers of the suits.
ANSWER:
No.
17. Have you filed a claim for and/or received workers' compensation benefits? If so,
state the name and address of the employer, the date(s) of the accident(s), the identity of the
insurance company that paid any such benefits and the case number(s) and jurisdiction(s) where
filed.
ANSWER:
No
18. Did defendant(s) or anyone associated with defendant(s) give you information or
discuss with you the risks involved in the treatment to be given you? If so, state the date(s) and
place(s) such information was given, the name(s) of the person(s) providing such information or
engaging you in the discussion, and give a description of the information provided or discussed with
you.
|
|
!

ANSWER:
Dr. Toriumi nor anyone on his staff gave Plaintiff information or discussed the risks involved in
the treatment given to Plaintiff. Investigation continues. Plaintiff reserves the right to
19, Are you claiming any psychiatric, psychological and/or emotional injuries as a
result of the acts and/or omissions described in the complaint? If so, state:
a.
ANSWER:
The name of any psychiatric, psychological and/or emotional injury claimed,
and the name and address of each psychiatrist, physician, psychologist,
therapist or other health care professional rendering you treatment for each
injury;
‘Whether you had suffered any psychiatric, psychological and/or emotional
injury prior to the date of the acts and/or omissions described in the
complaint; and
If (b) is in the affirmative, please state when and the nature of any psychiatric,
psychological and/or emotional injury, and the name and address of each
psychiatrist, physician, psychologist, therapist or other health care
professional rendering you treatment for each injury.
Plaintiff has suffered emotional distress as a result of defendants actions and also suffered from a
decline in the ability to be intimate with others. Investigation continues. Plaintiff reserves the
right to supplement this answer prior to trial.
20. Pursuant to Illinois Supreme Court Rule 213(g), provide the name and address of each
opinion witness who will offer any testimony and state:
a.
b.
The subject matter on which the opinion witness is expected to testify;
The conclusions and/or opinions of the opinion witness and the basis
therefore, including reports of the witness, if any;
‘The qualifications of each opinion witness, including a cwrriculum vitae
and/or resume, if any;
The identity of any written reports of the opinion witness regarding this
occurrence; and
‘Whether or not the opinion witness has been retained by you to testify at
trial.

ANSWER:
None at this time. Plaintiff reserves the right to supplement this answer prior to trial.
21. Pursuant to Ilinois Supreme Court Rule 213(f), provide the name and address of each
witness who will testify at trial and state the subject of each witness' testimony.
ANSWER:
Kenneth Peter Clark
#6 Fabens Street
Saugus, MA 01916
Defendant Dean Toriumi, M.D.
60 E. Delaware
900 N. Michigan Ave. Building
Chicago, IL 60611
Pat Golden
60 E. Delaware
Chicago, IL 60611
Mark Checcone
60 E. Delaware
Chicago, IL 60611
The Boston Center
Tel: (617) 267-0710
Unidentified Nurse of Dean Toriumi
60 E. Delaware
Chicago, IL 60611
Investigation continues, Plaintiff reserves the right to supplement this answer prior to trial.
22. Do you have any photographs, movies and/or videotapes relating to the acts
and/or omissions which are described in your complaint and/or the nature and extent of any
injuries for which recovery is sought? If so, state the date or dates on which such photographs,

movies and/or videotapes were taken, who was displayed therein, who now has custody of them, and
the name, address, occupation and employer of the person taking them.
ANSWER:
See Photographs attached to Response to Request to Produce. Investigation continues. Plaintiff
23. Have you (or has anyone acting on your behalf) had any conversations with any
person at any time with regard to the manner in which the care and treatment described in your
complaint was provided, or have you overheard any statement made by any person at any time
with regard to the injuries complained of by plaintiff or the manner in which the care and treatment
alleged in the complaint was provided? If so state:
a. The date or dates of such conversation(s) and/or statement(s);
b. The place of such conversation(s) and/or statement(s);
[ All persons present for the conversation(s) and/or statement(s);
d. The matters and things stated by the person in the conversation(s) and/or
statement(s);
e ‘Whether the conversation(s) was oral, written and/or recorded; and
f. ‘Who has possession of the statement(s) if written and/or recorded.
ANSWER:
Plaintiff discussed his injuries in person in a return visit at the Defendants office on
Approximately February 18, 2008, approximately 2008. Mark Checcone and Dr. Toriumi and
the Plaintiff were present for this conversation. Plaintiff generally discussed the pain and
suffering he was experiencing as a alleged in Plaintiff’s complaint as a result of the surgery.
approximately March 4, 2008. Dr. Toriumi and the Plaintiff were present for this conversation.
Plaintiff generally discussed the pain and suffering he was experiencing as a alleged in Plaintiff’s
complaint as a result of the surgery.
approximately April 8, 2008. Dr. Toriumi and the Plaintiff were present for this conversation.

approximately June 3, 2008. Dr. Toriumi and the Plaintiff were present for this conversation.
24. Have you received any payment and/or other consideration from any source in
compensation for the injuries alleged in your complaint? If your answer is in the affirmative,
state:
a. The amount of such payment and/or other consideration received;
b. ‘The name of the person, firm, insurance company and/or corporation making
such payment or providing other consideration and the reason for the
payment and/or other consideration; and
c. Whether there are any documents evidencing such payment and/or
consideration received.
ANSWER:
No.
25. Have you retained any expert(s), other than as a "consultant" as that term is defined in
Supreme Court Rule 201(b)(3), to testify on your behalf at trial or assist you in any other way?
If so, for each retained expert, state:
a. The expert's area(s) of expertise;
b. The expert's qualification, including a curriculum vitae and/or resurne, if
any; and
c. The conclusions and/or opinions and bases therefore, including whether
written reports have been prepared by the expert(s) and if so, attach copies
of the reports.
ANSWER:
Plaintiff has not yet retained experts at this time. Investigation continues. Plaintiff reserves the

26. Identify any statements, information and/or documents known to you and requested
by any of the foregoing interrogatories which you claim to be work product or subject to any
common law or statutory privilege, and with respect to each interrogatory, specify the legal basis
for the claim as required by Illinois Supreme Court Rule 201(n).
ANSWER:
None at this time. Investigation continues.
27. List the names and address of all persons (other than yourself and persons heretofore
listed) who have knowledge of the facts regarding the care and treatment complained of in the
complaint filed herein and/or of the injuries claimed to have resulted there from.
Defendant Dean Toriumi, M.D.
Pat Golden
Mark Checcone
The Boston Center
Tel: (617) 267-0710
Respectfully Submitted,
One of the attorneys for Plaintiff
DERATANY FIRM
221 N. LaSalle
Suite 2200
(312) 857-7285
Attorney No. 30900

NOV-04-2010 01:55 PN CVS/2500
ATTESTATION
STATE OF ILLINOIS )
§8,
COUNTY OF COOK )
81 233 0437 P11
1, Kenneth Clark, being first duly sworn on oath, deposes and states that he is a plaintiff
in the above-captioned matter; that he has read the forgomg docmcnt, and the answers made
herein are true, correct and complete
to the best,of hisgimo
2010.
OFFIL;I,«L Lo
aryDelg?{esW‘“[S
Public, State of il
Commiission Expires 1310/;8’1’2
DERATANY FIRM
Attorneys for Plaintiff
221 N. LaSalle
Suite 2200
(312)857-7285
Attorney No. 30900

KENNETH CLARK
No. 10 L 1341
Amount Claimed: More than
$50,0000
Plaintiff,
DEAN TORIUMI, M.D
Defendant.
PLAINTIFF KENNETH CLARK’S ANSWERS TO DEFENDANTS RULE 213
INTERROGATORIES
DERATANY FIRM, and responds to Illinois Supreme Court Rule 213 Interrogatories
propounded by Defendant DEAN TORIUMIM.D. Additionally, Plaintiff respectfully reserves
the right to supplement these responses in accordance with Illinois Supreme Court Rule 213 any
time before trial.
1. Pursuant to Supreme Court Rule 2130(1), identify any and all "lay witnesses" who
will testify at trial on behalf of the plaintiff. As to each witness, state:
(a) The identity and address of the witness;
() The subjects about which the witness will testify.
ANSWER:
Kenneth Clark
The Plaintiff is expected to testify regarding his treatment and care by the Defendant. His
conversations and interactions with the Defendant and Defendants staff. Plaintiff is expected to
testify regarding his pain and suffering. Plaintiff is expected to testify about the facts alleged in
the complaint. Plaintiff is expected to testify about events preceeding and following events
alleged in the complaint. Investigation continues. Plaintiff reserves the right to supplement this
answer prior to trial.

Pat Golden
60 E. Delaware Place.
Suite 1460
Chicago, IL 60611
Pat Golden is expected to testify regarding the treatment and care of Plaintiff by the Defendant
and the conversations and interactions with the Defendant and Defendants staff. Pat Golden is
expected to testify about the facts alleged in the complaint. Pat Golden is expected to testify
about events preceding and following events alleged in the complaint. Investigation continues.
Plaintiff reserves the right to supplement this answer prior to trial.
Mark Checcone
60 E. Delaware Place.
Suite 1460
Chicago, IL 60611
Mark Checcone is expected to testify regarding the treatment and care of Plaintiff by the
Defendant and the conversations and interactions with the Defendant and Defendants staff.
Mark Checcone is expected to testify about the facts alleged in the complaint. Mark Checcone
is expected to testify about events preceding and following events alleged in the complaint.
Investigation continues. Plaintiff reserves the right to supplement this answer prior to trial,
2. Pursuant to Supreme Court Rule 213(f)(2), identify any and all
“"independent expert witnesses" who will testify at trial on behalf of the plaintiff. As to each
witness, state:
(a) The identity and address of each such witness;
(b.) The subjects on which each such witness will testify;
(¢.) The opinions plaintiff expects to elicit from each such witness;
(d) If known, the bases for each opinion and the facts each such witness believes
supports each opinion;
(e.) State the date or approximate date on which the conclusions and opinions
identified in (c) were first expressed or made known to plaintiff or plaintiff s
counsel.
i
||
{
|
1
i
|

ANSWER:
The Boston Center
Dr. Yaremchuk is expected to testify regarding the injury that Plaintiff suffered as a result of the
negligence alleged in Plaintiffs complaint. Investigation continues. Plaintiff reserves the right to
3. Pursuant to Supreme Court Rule 213(f)(3), identify any and all "controlled expert
witnesses" who will testify at the time of trial on behalf of the plaintiff. As to each witness, state
the following:
(a) The identity and address of each such witness;
(b) All areas of expertise;
(c) The subject matters on which each such witness will testify;
@ The conclusions and opinions of each such witness and the bases therefore;
© ‘The qualifications for each such witness (please attach a current curriculum vitae
pursuant to Supreme Court Rule 214, available);
® Identify each and every report prepared by each expert or opinion witness identified
above, indicating whether this report was submitted in oral form, written form, or
both, pursuant to Supreme Court Rule 213(0(3), and provide a complete copy of the
expert witness' report, if in written form, pursuant to Supreme Court Rule 214;
(g.) Identify, with particularity, any and all statements, reports, letters,
medical records (including x-rays), tape recordings, photographs,
memoranda, or documentation of any type reviewed by each person
and the date on which these materials were provided to the witness;
(h.) State the name, author, publisher, page and date of publishing of all
texts, articles, journals or medical literature upon which any witness
relied, consulted in connection with review of this matter, or may use
or refer to at trial, or which plaintiff otherwise intends to use at trial;
State the date or approximate date on which the conclusions and opinions
identified in (d) were first expressed or made known to plaintiff or
plaintiff's counsel;
() State with particularity all other information verbally furnished to each
witness for consideration.

ANSWER:
Plaintiff has not retained any controlled expert witnesses at this time. Investigation continues.
Plaintiff reserves the right to supplement this answer prior to trial.
4. Identify (and, pursuant to Supreme Court Rule 214, produce legible copies of) all
correspondence or other written communication between each witness and plaintiff's counsel or
anyone acting on plaintiff's behalf in regard to this action.
ANSWER:
None at this time. Investigation continues. Plaintiff reserves the right to supplement this answer
prior to trial.
5. Did any witness(es) identified in answers to Interrogatories Nos. 1, 2, or 3, at any
time, prepare any notes, memoranda, summaries or other writings in connection with this matter?
If so, (a) identify each such writing; and (b) pursuant to Supreme Court Rule 214, produce
legible copies of all such writings.
ANSWER:
None at this time other than Plaintiff’s Medical records from Dr. Toriumi. Investigation
continues. Plaintiff reserves the right to supplement this answer prior to trial.
NALAF—_
DERATANY FIRM
221 N. LaSalle
Suite 2200
(312) 857-7285
Attorney No. 30900

KENNETH CLARK
Plaintiff, No. 10 L 1341
DEAN TORIUMI, M.D
Defendant.
PLAINTIFF KENNETH CLARK’S RESPONSE TO DEFENDANT DEAN TORIUMI’S
REQUEST TO PRODUCE
DERATANY FIRM, and responds to Defendants Request to Produce. Additionally, Plaintiff
respectfully reserves the right to supplement these responses.
1. Any statements given by a party to some person or entity other than his attorney or
insurer.
RESPONSE:
See what can be construed as statements in Plaintiff’s medical records. See also the statements
from the Defendants’ website. Investigation continues. Plaintiff reserves the right to supplement
this response prior to trial.
2. Any statement of any witnesses to the occurrence or persons purporting to
be witnesses or persons purporting to have knowledge of the issues in this ease.
RESPONSE:
See what can be construed as statements in Plaintiff’s medical records. Investigation continues.
Plaintiff reserves the right to supplement this response prior to trial.
3. All photographs, slides, or motion pictures taken subsequent to the alleged
occurrence of the plaintiff(s), the vehicles or other physical objects involved or the scene of the
alleged occurrence.
RESPONSE:
See photographs attached. Investigation continues. Plaintiff reserves the right to supplement
this answer prior to trial.

4. All data as to the physical or mental condition of the plaintiff(s) prior and
subsequent to the alleged occurrence, including, inter alia, injuries sustained in other accidents.
RESPONSE:
See Plaintiff’s medical records. Investigation continues. Plaintiff reserves the right to
5. A list giving the names and addresses of all witnesses who will testify at trial.
RESPONSE:
Plaintiff maintains no such list. However, see Plaintiff’s Answers to interrogatories.
6. A list giving the names, addresses and qualifications of all opinion witnesses.
RESPONSE:
Plaintiff maintains no such list. Investigation continues. Plaintiff reserves the right to
7. Any and all reports, memoranda, correspondence, or other documents regarding
any expert examinations or reports of purported opinion witnesses which touch on any of the
issues alleged in any complaints, counterclaims, or third-party actions in this cause.
RESPONSE:
prior to trial.
8. Any and all contract documents, specifications, and drawings between the
parties hereto relating to any of the issues alleged in the complaints, counterclaims and third-
party complaints in this cause.
RESPONSE:
prior to trial.
9. Any standards, testing data, writing of learned treatises, periodicals, publications,
and catalogs that (a) purport to relate to any of the issues alleged in the complaints, counterclaims,
and third-party complaints in this cause; (b) may be used at any deposition of defendant(s) or at the
trial of this cause; and (c) support any allegation made against any defendant(s).
RESPONSE:
None at this time. Investigation continues, Plaintiff reserves the right to supplement this answer
prior to trial.
10. Any and all statements, writings, diagrams, documents, brochures, and any other
written, photographic, or printed materials from the defendant(s) or carrying the imprint of any of the
defendant(s) or the names of any of their representatives, agents, servants, or employees.

RESPONSE:
See what can be construed as statements in Plaintiffs medical records. See also the website
printout from Defendants website.
11. All books, records, bills, statements, or ledgers and other documents or memoranda
whatsoever relating to the amount of damages sought by the plaintiff(s), including but not limited to,
employment and personnel records, W-2 tax forms, federal income tax returns for the two years prior
to, the year of and two years subsequent to the occurrence as alleged in the complaint.
RESPONSE:
Plaintiff does not possess these documents at this time, but will seasonably supplement this
document and has requested these documents. Investigation continues. Plaintiff reserves the
12. Al deposition exhibits,
RESPONSE:
See Plaintiff’s medical records attached. See also the printout from the Defendant’s website
attached. Investigation continues. Plaintiff reserves the right to supplement this answer prior to
trial.
13. Alltrial exhibits.
RESPONSE:
See Plaintiff’s medical records attached. See also the printout from the Defendant’s website
attached. Investigation continues. Plaintiff reserves the right to supplement this answer prior to
trial.
14. A list of the titles with publishers, authors and date of publication of each
periodical, text, handbook, standard, code, government publication, industry publication,
engineering or architectural publication or other purportedly authoritative written work or
document or standard which may be used or intended to be used to examine or cross-examine
parties, employees, opinion witnesses or other witnesses of the plaintiff{(s) or defendant(s), or which
may be used or intended to be used in support of or to impeach testimony or evidence.
RESPONSE:
Plaintiff maintains no such list. Investigation continues. Plaintiff reserves the right to
15. All reports from all opinion witnesses.
RESPONSE:
prior to trial.

16. Any incident or accident reports or reports of investigation regarding plaintiffs(s)
alleged injury or damages allegedly following therefrom.
RESPONSE:
prior to trial.
17. Any and all notes, diaries, calendars or writings prepared by or on behalf of the
plaintiff{s) and pertaining to the events, injuries, or time lost from employment as a result of the
occurrence in question.
RESPONSE:
prior to trial.
18. Copies of any and all letters to each opinion witness from plaintiff(s), plaintiffs(s)
counsel or other agents of the plaintiff(s).
RESPONSE:
prior to trial.
19. Copies of any and all letters, reports, or other writings to plaintiff(s), plaintiffs
counsel or other agents of the plaintiff(s) from each opinion witness.
RESPONSE:
prior to trial.
20. Copies of all notes or other writings generated by each opinion witness regarding
his/her review, whether or not delivered to plaintiff(s) or plaintiffs(s’) counsel, including complete
billing records.
RESPONSE:
prior to trial.
21. Copies of all transcripts of deposition or trial testimony of each opinion witness
disclosed by any party to this action known to exist or in the possession or control of plaintiff(s),
plaintiffs(s) counsel, or other agents of the plaintiff(s).
RESPONSE:
prior to trial.
22. All documents identified in answers to interrogatories.

RESPONSE:
See Plaintiff’s medical records and the photographs attached. Investigation continues. Plaintiff
NAAIZAZ
DERATANY FIRM
221 N. LaSalle
Suite 2200
(312) 857-7285
Attorney No. 30900

CLARK v. TORIUMI
KENNETH CLARK
March 2, 2012
Original
Amicus Court Reporters, Inc.
Phone:312.641.3500 ||
Fax:312.641.3795
Email:info@amicusreporters.com

KENNETH CLARK
3/2/2012 CLARK v.
Page 1
TORIUMI
Volume 1, Pages 1-113,
CIRCUIT COURT OF COOK COUNTY,
KENNETH CLARK,
Plaintiff,
V. No.
DEAN TORIUMI,
Defendant.
Friday, March 2, 2012,
50 Congress Street,
Boston, MA 02019
————— Reporter: Carol A. Pagliaro,
Exhibits:
2010 L 001341
Judge Ronald S. Davis
DEPOSITION OF KENNETH CLARK
11:38 a.m.
Farmer Arsenault Brock LLC
Suite 415
CSR/RPR/RMR-----
None
ILLINOIS
888.641.3550
info@amicusreporters.com
2104cba9-23a1-4b8f-9352-363f196f4780

®
N
O
s
W
N
=
KENNETH CLARK
Page2
3/2/2012 CLARK v. TORIUMI
APPEARANCES
Sherri M. Arrigo, Esqg.
Chicago, IL 60603
sherri.arrigoedbmslaw.com
Counsel for the Plaintiff
THE DERATANY FIRM
Andrea Mac Iver, Esq.
Chicago, IL 60601
andrea@lawinjury.com
Counsel for the Defendant
312.422.0900 ~ fax 312.422.0909
221 North LaSalle Street, Suite 2200
312.857.7285 ~ fax 312.857.2004
Amicus Court Reporters, Inc. info@amicusreporters.com
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

0w
N
O
s
W
N
=
N
N
N
NN
A
a4
A
a4
4O
4a
4a
a
a
a
A
WO
N
2
O
©
0N
O
O
M
WN
=2
O
©
Page 3
KENNETH CLARK
EXAMINATION OF:
Kenneth Clark
By Atty. Arrigo........c.iuiiininiiiannn. 4
By Atty. MAc IVEL......vovuerrnnnnnn.. 113
INDEX
PAGE
888.641.3550
2104cbag-23a1-4b8f-9352-363f196f4780

-
©
©
o
N
O
O
H»~h
W
N
Page 4
KENNETH CLARK
PROCEEDINGS
KENNETH PETER CLARK, sworn
EXAMINATION
BY ATTY. ARRIGO:
Q. Would you state your full name, please.
A. Kenneth Peter Clark.
ATTY. ARRIGO: For the record, this is
the discovery deposition of Kenneth Peter Clark
taken pursuant to the rules of the courts of
Illinois.
Q. Have you given a deposition before?
A. Never have.
Q. I don't know if you have had a chance to
talk to your lawyer, but I'll just briefly go over
the rules of depositions I guess. If I ask you a
question that doesn't make sense to you for any
reason, let me know, I'll be happy to rephrase it.
And if you need a break at any time,
just say so, and we will do that.
And let me finish my question before you n
start your answer and I'll do the same for you for
the benefit of the court reporter.
And if you WILL answer out lout instead
of ah-has or un-uhs, because she can't take that
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

W
N
o
s
W
N
=
N
N
N
NN
=
=2
o
a
a
A
A
o
oA
A
WO
N
2
O
©
0N
OO
O
b~
ON
22
O
©
Page 5
KENNETH CLARK
';
down, okay? 5
A. Yes. i
Q. What is your date of birth? :
A. 4/24/60. ?
Q. Where were you born, here in Boston?
A. Yes, Boston. ?
Q. Have you lived here all your life?
A. Yes, except for when I was over at UMass. %
Q. Tell me about your educational background i
then. !
A. I have a Doctor of Phérmacy. i‘
Q. Where did you get that? 3
A. Northeastern University. j
Q. So that's a -- what is the initials for ‘
that degree? j
A. P-h-a-r-m, Pharm.D. E
Q. Okay. 3
And, I'm sorry, where did you get that 1
and when? ‘,
A. Northeastern University, 2005.
Q. And then you are licensed as a pharmacist 1
in the State of Massachusetts? |
A. That's correct. )
Q. Any other states?
888.641.3550
2104cba9-23a1-4b8f-9352-363f19614780

O
©W
O
N
OO
O~
W
N
=
Page 6
KENNETH CLARK
A. I am not currently licensed or never was
licensed.
Q. Where did you do your undergrad.
A. University of Massachusetts, Amherst.
Q. You graduated what year?
A. I actually transferred to Northeastern, so
I don't have...
|
i
f
i
;
Q. Did you go straight onto the Pharm.D.
program?
A. Yes, that's correct.
Q. And then eell me about where you have
worked since you finished school?
A. I have worked at, actually, two different
pharmacies; one was Brooks Pharmacy, but it had
become Rite-Aid around that time, so they -- just
kind of a merger or acguisition of.
Q. How long were you there?
A. I was there from 2005 to just about 2008,
yes, 2008, so I left probably soon after the surgery
took place, probably a month or so, like that.
Q. So do you remember what month it would have é
been then that you left? ;
A. I don't recall exactly the date. I can
probably provide that for you in the future.
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

-
©
©W
®
N
O
O
N
Ww
N
Page 7
KENNETH CLARK
Q. What were you making when you left there,
how much?
A. What was I getting paid?
Q. Yes.
A. Well, I was actually working -- see, we
have like a strange pay configuration where it's %
like salary, but hourly, so what would you like the {
rate -- would you like the hourly rate or would you ;
like a --
Q. Why don't you give me both and then we will i
haveva better idea.
A. Okay. Well, the salary is going to be
tough, because I have to figure out how much it was
at that time, because it had varied; I had to lower
my hours at that time. I'll give you the hourly
rate was between the 45 and 50 dollars an hour.
Q. And that was before the surgery you were
making 45 to 50 an hour, right before Dr. Toriumi's
surgery?
A. That was correct, right around that.
Q. Sorry, I didn't mean to interrupt you.
Were you working full time?
A. I was working full time, yes.
Q. So 40 hours a week? i
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

-
0
N
O
O~
W
N
Page 8
KENNETH CLARK
A. Full time for pharmacy depends, because
it's salaried, so it's between 30 and 42.
Q. Okay.
A. Only because that you are sometimes there
more anyway than -- you are there more anyway than
the 30 hours, even though that's -- because you are
salaried, it's not strictly hourly.
Q. And in that pharmacy, like what was the --
I realize that you are a pharmacist, but what is the
nature of your work; are you on your feet all day,
are you out and about, or --
A. It's a retail pharmacy setting.
Q. And what was the location of the store you
were at?
A. I had gone to different locations, but my
primary central location was Billerica.
Q. Spell it, please?
A. B-i-l-l-e-r-i-c-a. They say Billrica.
Q. Is that a town?
A. In Massachusetts.
Q. . And were you planning to be off work for a
period of time after the surgery?
A. Not a lot of time, no.
Q. Do you remember about how long you had
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

N
N
N
N
4
a
a4
a4
a4
a
a
4a
a
A
W
N
=
O
©
0
N
O
O
&
W
N
=2
O
©
0
N
O
O
h
W
N
=
N
N
Page 9
KENNETH CLARK
anticipated you would be off?
A. Probably one to two weeks.
Q. And then what ended up happening, because
you said you were not able to go back full time?
A. I asked them if I could work -- we choose
our shifts, so basically I was choosing lesser
shifts at that point.
Q. After the surgery?
A. That's right.
Q. When did you go back at all after surgery?
When did you first go back?
A. I was --
Q. The surgery was what date? I should have
written this down, but I didn't.
A. The surgery was January 31 of 2008.
Q. And then you went back to work when?
A. I went back probably -- I don't have an
exact date available for you --
Q. Just give me your best --
A. -- but it was probably about three weeks,
would say.
Q. And then you said you chose, less shifts,
guess, right, when you went back?
A. That's correct.
I
I
888.641.3550
2104cba9-23a1-4b8f-9352-363196f4780

0
N
O
g
b~
WO
N
=
Page 10
KENNETH CLARK
3/2/2012 © CLARK v. TORIUMI
|
Q. And why was that? |
A. Because of the trauma of the surgery. %
Q. What do you mean by that? 2
A. Well, at that time there was -- I mean, I'm :
not sure what you -- can you explain what you are -- ;
Q. When you say trauma of the surgery, I don't !
know what you mean.
A. Probably the entire event of it. |
Q. Are you talking about emotional upset, or Ji
physical pain or --
A. I would say a combination of the two. i
¢
Q. Okay. What was --
A. It was certainly a lot physical.
(The court reporter asks the witness to '.
refrain from answering until the attorney completes i
¢
her question.) z
THE WITNESS: You want to repeat? i
ATTY. ARRIGO: Yes. We will start over. E
Q. I was just trying to understand what you ‘[
1
mean when you say the trauma of the surgery, so just ‘
tell me the things that were going on that you ‘t
believe were related to the trauma of surgery. '
A. Physical injury and certainly emotional and
psychological injury, as well. The physical
888.641.3550
2104cba%-23a1-4b8f-9352-3631964780

®w
N
o
g
A
W
N
-
Page11
KENNETH CLARK
injuries are tangible. For instance, my right
shoulder was -- I mean it was like pulled out of its 4
socket. E
Q. Did that start immediately after surgery;
did you notice that right away?
A. Yes, yes.
Q. Were you able to you use it and it was just
painful or you were not able to use it either?
A. Oh, no, I was not able to use it for
several days. Of course, you know, when you say use
it, you have to think of the context, what you mean
by use it.
Q. I mean, like, are you right-handed.
A. Yes.
Q. Could you eat? }l
A. I could but, you know, lifting like this or !
something (indicating) would be problematic. ?
Q. Uncomfortable? ;
A. Oh, painful, not just uncomfortable. [
Q. Any other physical injuries that were going ‘
on around that time when you went back to work? '
A. Yes, there was even more subtle. There was '
extreme swelling in the area here (indicating), so d
that it was very --
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

-
®
N
o
g
A~
W
N
3/2/2012
Page 12
KENNETH CLARK
Q. The area of your nose --
A. -- very unsightly.
Q. The area of your nose you are pointing to?
A. Oh, yes.
(The court reporter asks the witness to
not speak over the attorney's question.)
Q. Anything else in terms of the physical
injury?
A. Yes, behind the ear here --
Q. Your right ear?
A. That's correct.
Q. Okay.
A. Right, probably where I'm pointing here
(indicating), and it still remains here to this day,
there is some sort of material, presumably rib from
my own rib stuffed behind there. What that causes
is a discomfort, whereas I cannot wear eyewear of
any sort, be it sunglasses, goggles, eyeglasses, for
any length or period of time without the pressure
impinging upon that and the skin in the area. Also
there is an overall itching in the area, like an
itching sensation.
Q. When did that start?
A. That started immediately, more painful at
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780
CLARK v. TORIUMI

0w
N
O
O
b~
W
N
=
Page 13
KENNETH CLARK
the beginning, acutely -- at that time right after
the surgery is what you are saying?
Q. Yes.
A. -- but persistent to the present date.
Q. 2And anything else in terms of the physical
injury you believe was related to the surgery?
A. Well, and peripherally to the nose, yes,
below on the upper lip area, and this area, this
entire area over here (indicating).
Q. Kind of the whole area below the nose, but
above the upper 1lip?
A. Yes. The center of the nose and the upper
lip area is also very painful. That manifested as
problems in eating for an extended period of time,
and the pain is persistent to the current day.
Q. Is it constant?
A. Well, it's a pain any time anything is -- a
pressure is put upon it, or even the gravity of the
nose. Occasionally I'll wear a piece of tape to
hold this up because that prevents the pressure.
See, like if you hold it up a little, it prevents
this from going this way to cause pressure in this
area here (indicating).
Actions such as eating certain things,
888.641.3550
2104cba9-23a1-4b8f-9352-363196f4780

KENNETH CLARK
but -- kissing, for instance, if you -- intimate
actions, kissing, is pressure. Any pressure upon
that area is painful persistent to this day.
Q. So it's if there is something that puts
pressure -- anything that would put pressure on the
area, that is when you become uncomfortable?
A. That is correct.
Also there is a general overall pressure
in the entire region because of -- presumably
because of grafting or the technique or methodology
that Dr. Toriumi used, it's just like an overall
sensation of stuffed, like a stuffed bird on the
wall, or something like that, is what it feels like.
Q. You are kind of pointing towards your whole
facial area; is that --
A. Yes, that extends from this area here all
the way down here (indicating).
Q. So you are pointing kind of down your nose
and kind of to the sides and out towards your cheeks
and everything?
A. I mean -- yes, it's almost like if you take
like a nose from a mask, a Halloween mask or
something, and look at that, that extends out to
here, right (indicating), inside my fingernails,
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

W
N
o
A
W
N
=
3/2/2012
Page 15
KENNETH CLARK
like right around there, that is the sensation of a
stuffed feeling, uncomfortable, very uncomfortable
feeling. It doesn't -- you know, it's
uncomfortable, sometimes painful.
Also additionally to this there is a
diurnal swelling that occurs to this day, which the
nose will swell up overnight to perhaps 30, 40
percent. I don't know if it's because of the
gravity or whatever the situation is, I don't want
to speculate on that, but that is a persistent
nature of the surgery from Toriumi where the nose
will swell daily overnight.
Q. When you wake up in the mormning it's
swollen?
A. That is correct.
Q. Does it kind of go down during the day and
swell again at night?
A. Exactly. It happens every single night.
Q. And all of these things that you have been
telling me about, did you notice them right away
after the surgery and some have persisted as you
have said?
A. Yes. Well, I think, you know, the trauma
of -- initial trauma of surgery, one might expect
CLARK v. TORIUMI
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

0o
N
O
g
A
W
N
-
KENNETH
3/2/2012
Page 16
CLARK
CLARK V. TORIUMI
swelling for a certain amount of time; however,
something that is chronic
expect,
known, you know, that.
Q. We will talk more
Anything else
injuries you believe were
A. There are some --
that ﬁay or may not -- it
the same time.
Q. What are those?
A. Eyes appear to be
very dry.
in nature, you do not
or should you -- or was I ever made to be
about that.
in terms of physical
related to the surgery?
there are some things
appears that it started at
very dryer. My eyes get
Q. Do you wear contacts?
A. I do not wear contacts.
Q. You don't wear eyeglasses to see?
A. I do not. Occasionally I might wear some
glasses for a reading purpose maybe.
Q. Anything else?
A. Well, we have the
pain in the shoulder acutely.
-- we spoke about the
There is also a pain
in the area where what-you-call-it was removed,
material was removed.
Q. Rib material?
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

=
O
©
0
N
O
O
s~
W
N
=
N
N
N
N
N
=
24
A
a
a
a4
a
a
a
oa
A
W
N
2
O
©
0
N
O
o
Hh
W
N
Page 17
KENNETH CLARK
888.641.3550
2104cba9-23a1-4b8f-9352-363{196f4780
A. Yes. j
Q. Costal cartilage? 1
A. What was ever removed. I don't know, I ;
don't -- you know, whatever is told to me. I'm not }
i
necessarily very believing in the doctor when he i
tells me anything, so yes, perhaps muscles were cut i
through or something in that area, so that there is
i
occasionally a stabbing pain. You feel like -- you :
feel like a knife right about here. xi
Q. In the right rib cage, kind of, top of the "
right rib cage? g
A. Right, probably about two inches inside of f
the right nipple. é
Q. Anything else? 5
A. And that's -- the shoulder movement %
actually feels altered. 3
Q. 1Is there anything you can't do now that you 'Z
used to be able to do? }:
A. I don't think I can -- if I move it like i
this or something like -- this or this feels less !
powerful, and I usually have to get in more with my
shoulder area like this if I'm doing something,
rather than like this. You know, like you sometimes
could go like this or when you are going up like

@
N
O
O
A~
0N
=
Page 18
KENNETH CLARK
that, so I use the shoulder more. I don't -- see if
you can -- you can't write this on your report.
Q. No, but it looks like what you are saying
is that some things you do with your right arm and
shoulder, you can still do them, but it's more
difficult and you have got to think about it?
A. It is altered. There is definitely some
alteration there.
Q. Anything else physical that you believe is
related to the surgery?
A. Physical would be a fused appearance to the
-- not even appearance, a fusing of the nose, the
nose is fused, so a change in the ability to smile.
If you can see, this is when I'm trying to fully
smile as I normally would have before, I do that
(indicating), but when I do that, it really brings
out a deformed appearance, you know what I mean, and
so I can't smile in that way any longer.
Q. Is there anything else in terms of physical
that you believe is related to the surgery?
A. I cannot recall at this moment; I won't
limit it to what I have already mentioned.
Q. Right now you have told me what you can
think as far as physical?
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

o
N
O
g
A
WN
Page 19
KENNETH CLARK
A. At this moment, I believe, yes. I don't
have -- if I had some --
Q. 1If something comes up, you remember
something else, let me know.
A. Absolutely.
Q. You also said you felt you suffered
emotional and psychological injury as a result of
the surgery; tell me about that.
A. Yes, it was tough because of the swelling
that was supposedly to be temporary had extended
beyond the temporary timeframe that one would ‘
normally presume, and initially swelling was quite,
quite large, and that would caﬁse a -- since my job
is in public, that was difficult to deal with at
that point and difficult to face certain people.
Q. It was embarrassing?
A. Well, there was an embarrassment, yes, and,
I don't know, just depressing.
Q. Now, prior to Dr. Toriumi's surgery had you
ever had any kind of psychological treatment before?
A. Not really, no. I had counseling a little
bit, school, for situations that, you know, where
you are overworked, or something like that, you
know, of that nature, perhaps a breakup with a
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

®
N
O
A
W
N
S
Page 20
KENNETH CLARK
girlfriend or something like that may have prompted
something of that -- so, but...
Q. Were you taking any kind of medications
ever at any point for depression, or anxiety, or
anything related to that?
A. No and nor do I currently.
Q. Have you ever?
A. No.
Q. And have you sought any kind of treatment
for the psychological or emotional injuries that you
believe were related to the surgery or are you
handling that on your own?
A. I'm trying to handle it on my own, with the
main reason being that my schedule does not permit
very flexible -- I have made attempts to try to do
something like that, but from my schedule, it has
been difficult and financially at some level I could
not reliably do that.
For instance, when I had switched jobs
from Rite-Aid, I did not have insurance, because I
didn't have a grace period or something, so I had to
wait to get insurance, and that was kind of a
difficult thing there, so...and also the expense of
Toriumi, which was $30,000, it was not very
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

0o
N
o
g
A~
W
N
-
3/2/2012
Page 21
KENNETH CLARK
CLARK v. TORIUMI
permitting for me to go out and, you know, spend
money on that and wonder what I'm going to do, you
know?
Q. I think I got a little bit off track. I
was asking you about your job and you said you had
gone back at kind of a redqced capacity about three
weeks after the surgery. How long did you stay at
Rite-Aid?
A. I stayed for probably another -- roughly
another month maybe, something like that.
Q. And do you have some estimate of how many
hours a week you were working during that month?
vA‘ Yes. I was probably working, trying to
work -- I mean, they would want me to work more,
they were always trying to push for more hours and
stuff like that, so I would try to accommodate. I
would say 30 --
Q. About 30 hours a week on average?
A. -- but sometimes less, you know.
Q. Why did you leave that job?
A. I left that job because at that moment the
culmination of the physical issues and psychological
and emotional issues was problematic to me and I
decided that it probably would be better if I would i|
888.641.3550
2104cbag-23a1-4b8f-9352-363f196f4780

®w
N
O
g
A
W
N
Page 22
KENNETH CLARK
look for a different position, start fresh, and also
utilize that time to have the time off to recuperate
a little bit more and hopefully things would get
better.
Q. So you left Rite-Aid voluntarily then, you
weren't asked to leave or anything like that?
A. That's correct.
Q. And when did you work next?
A. And then I started with CVS Pharmacy, and
that was -- well, I had attempted -- I may have --
was going to start with Walgreen's Pharmacy, but
that didn't pan out for me. It wasn't -- you know,
the location and stuff wasn't good, so I had met
with some people from the CVS Corporation, I think
it was Bill Bruce was one of them, and then I
decided to start with them.
Q. Do you remember about when that was, when
you started with CVS?
A. It's a good question.
Q. Just approximate is fine.
A. It was probably May or June.
Q. Of '09 then or '08?
A. That would be '08.
Q. '08. Then did you start there full time?
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

0
N
O
g
b~
W
N
=
Page 23
KENNETH CLARK
A. No, I did not. I specifically -- one of
the reasons I left Rite-Aid is because I felt like I
was being pressured more and forced to travel too
much at that time, which was not good for me, so the
CVS offered me something that was more local and
something with which I could control the amount of
hours better that I had, so I was 30 to sub-30 hours
when I had started with them.
Q. Are you still at CVs?
A. Yes, I am.
Q. Are you still 30 hours or so or are you
full time now?
A. After about a year I had resumed a full
time position at CVS, and what I did was I had
worked the overnight shift, because I could find a
local position that was close to -- same town where
I lived actually, so I undertook that for -- and
that was a 42-hour weekly average.
And as of probably fairly recently, I
was pushed back down to the 30, but that was a
corporate decision because my shift had ended. They
stopped -- this is a -- the financial situation in
the entire country prompted shutting down of all
these shifts, so I was placed back into the day in a
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

N
N
N
NN
=
a4
a4
a4
a4
a4
o
A
o
W
N
2
O
©
N
O
O
M~
WN
=2
0O
©
00N
OO
B
WN
2
N
S
3/2/2012
Page 24
KENNETH CLARK
CLARK v. TORIUMI
of that,
Q.
at then
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Q.
A.
Island.
Island,
Q.
or weekl
tell me?
rotation with two other pharmacists, so three were
squeezed into two, and my hours were reduced because
and then I also had to travel a little bit
here and there.
So which location or locations do you work
for cvsz
Most of my time is in Saugus.
S-a- --
S-a-u-g-u-s.
Massachusetts?
That's correct.
And then do you go to some other locations?
I do.
But your records and stuff would be at the
Saugus location probably, right?
Recoras, what type of records?
Like your employment records.
I don't know if they keep them centrally.
They may keep them centrally in Warwick, Rhode
I'm not sure if it's Warwick. It's Rhode
but I think it's Warwick.
What is your currently salary there hourly,
y, or whatever is the easiest way for you to
i
888.641.3550
2104cbag-23a1-4b8f-9352-363f196f4780

0
N
O
O
A~
W
N
=
Page 25
KENNETH CLARK
A. My current rate -- I'll give you an :
accurate thing, because I think I have a stub -- ‘
56.18. %
Q. Dollars an hour? ‘
A. $56.18 an hour. 3
Q. Have we talked about every place that you g‘
have worked then since you finished your Pharm.D.? i
A. Yes, it sounds like it. z}
Q. And do you live still at the No. 6 Fabens ’:
Street address? i
A. Correct. 1
Q. Do you live alone or with somebody? i
A. My mother is there. g
Q. What is your mother's name? ;
A. Ursula, U-r-s-u-l-a, same last name. E
Q. Was that your mom's house and you were 4
living at your mom's house or she moved with you? :
A. No, that is my mother's house. My father I
had died previously, and this was prior to the é
surgery, and she is there all alone, so...
Q. You are there helping out?
A. I'm actually pretty much running the house. ;
Q. Tell me about your health, in general,
prior to Dr. Toriumi's surgery. Did you have any
888.641.3550
2104cba9-23a1-4b8f-9352-363196f4780

3/2/2012
Page 26
KENNETH CLARK
CLARK v. TORIUMI
O
©
O
N
O
O
A~
W
N
=
kind of chronic medical problems or issues at all?
A. No.
Q. Had you ever been hospitalized for any
reason?
A. Well, I had a tonsil type of surgery. I
don't think it was a tonsillectomy, it was a tonsil
-- because I think I still have tonsils, I don't
know, but that was very young, so --
Q. As a child?
A. Eight, maybe eight years old, ten years,
something like that. I think I was nine.
Q. Okay.
A. Then I had the first surgery with Kartel,
James Kartel, the first, the primary.
Q. Is that Kartel with a K or a C, do you
know?
A. A K, I believe, K-a-r-t-e-1.
Q. Where is he at?
A. He was out of -- I don't know if he is
still out of -- Chelmsford.
Q. You've got to spell that.
A. C-h-e-1-m-s-f-o-r-d, Chelmsford.
Q. Massachusetts?
A. Yes.
;|
|
888.641.3550
2104cba9-23a1-4b8f-9352-363f19614780

0o
N
O
g
hs
W
N
=
Page 27
KENNETH CLARK
Q. 2nd what year was that that you had that
surgery?
A. The year is hard to pinpoint because it has
been a little while.
Q. If you can give me kind of an approximate.
A. It was 80-something, I would '7, '8, around
there. I could find it exactly if you want.
Q. So what was the procedure that was
performed? You had a rhinoplasty or nose job
basically?
A. Right. Basically there was a break in the
nose that was to be addressed and he, you know,
addressed that.
Q. Was it --
A. The break was not acutely; it had been
there and then it was --
Q. Like an old nasal fracture?
A. That's correct.
Q. Before you had the surgery with Dr. Kartel,
was it that the nose was deformed, or did you
actually have trouble breathing, or both?
A. No, there were no breathing issues.
Q. It was a deformity in the nose?
A. And it was a mild to minor issue really,
888.641.3550
2104cba9-23a1-4b8f-9352-363196f4780

-
®
N
OO
0~
W
N
Page 28
KENNETH CLARK
you know, minor, there was no -- it was not a
surgery that was required to be done.
Q. And then did you have any problems with
that rhinoplasty surgery?
A. Well, I sort of did, yes, because it was
I didn't have any breathing issues, and I didn't
have any -- as far as the need for the surgery that
it was not addressed, what was supposed to have been
done.
Q. Which was what? What was supposed to be
done? ‘
A. It was actually just, more or less, the
break and the cosmetic thing, and that was not
accomplished correctly.
Q. So the cosmetic result was not what you
expected or wanted?
A. No, it was not very good at all.
Q. You said you were not satisfied with the
cosmetic results, so you went to see somebody else
then at that point?
A. No, I did not.
Q. What did you do?
A. It was basically a bunch of time until
Toriumi.
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

o
N
O
g
oA
W
N
Page 29
KENNETH CLARK
Q. Because I thought you -- didn't you have ;
two surgeries on your nose before Dr. Toriumi's? :
A. There was a revision, a partial revision !
i1i
and -- |
Q. Who did that? ]
A. That was Moore, I believe, Moore. His name
was Moore --
Q. Do you remember the first name?
A. -- and that was shortly after. It was |
almost, you know, within a year. f
Do I recall what? ;l
Q. The first name of Dr. Moore. 2
A. William, I believe.
Q. Where is he at?
A. Peabody, Massachusetts.
Q. And what was the result of that surgery,
the partial revision?
A. What was done was there was a -- for some |
reason when -- the initial surgery had left it like 'J]
low in here (indicating), I believe, and that was, 5:
that was -- he just did something, I don't know what ]j
he did, and then just brought it up or something. I
i
That is it. ]
Q. Were you satisfied with the results of that ;
888.641.3550
2104cbad-23a1-4b8f-9352-363f196f4780

o
N
O
g~
W0
N
=
Page 30
KENNETH CLARK
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780
surgery? d
A. It was okay for the time. g
Q. Did you have any kind of complications at
all after the partial revision surgery with Dr. i
Moore? %
A. No. {
i
Q. And then who is the next person you saw in 4
regard to anything having to do with the nose? j
A. Dean Toriumi. z
Q. Did you not see a Dr. Yaremchuk first? i
A. I may have -- actually, I probably did a
consult with him. I thought you meant surgery.
Q. No, I mean either consult or anything.
A. I probably consulted with -; I think I did !
consult with Dr. Yaremchuk. Maybe it was in the
year of two thousand, geez, four or five somewhere.
That might have been the first time I seen him. I
reconsulted with him after the surgery, too, as
well. i
Q. When you consulted with him the first time H
before Dr. Toriumi's surgery, what was the purpose %
of going to see him? %
A. I wanted to know what he thought that he 5
could do to improve the appearance, that's all. ?
|

N
©®
N
O
g~
w
N
3/2/2012
Page 31
KENNETH CLARK
CLARK v. TORIUMI
Q. Okay.
A. There's probably a record in there.
Q. Yes, I've got a record, and I realize I
have got the benefit of having some of the dates in
here from the records, so I'm not trying to give you
a memory test. It looks like, from the records,
that you saw Dr. Yaremchuk in --
A. 2004.
Q. -- 2005, so you're pretty darn close.
What were you looking for when you went
to see Dr. Yaremchuk?
A. I wasn't even really looking for anything
with the nose, I don't think, at that point. I was
just looking to see what he could do to -- I didn't
know if it was the nose was bothering me or there
was something else, and so...
Q. You mean in terms of your appearance?
A. Right.
Q. Because I do see that in the records with
Dr. Yaremchuk. It looks like there were a couple of
different procedures that were discussed as
possibilities.
A. Yes. You must recall that he is a --
Q. I don't know what --
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

o
N
o
g
A
W
N
-
Page 32
KENNETH CLARK
A. -- facial, so he is very big into, you
know, talking about that stuff too.
Q. Right.
A. So he wanted to put cheek bones and stuff
like that, of course. I'm not saying he does that
with everybody or anything, but there will be some
of that. He may talk about stuff doing with the
forehead or, you know, so at that point I was -- I
don't think I was very --
Q. Well, it looks you didn't do anything at
that point --
A. No.
Q. -- because you saw him --
A. No, there was no surgery or anything at
all.
Q. Right, and it says you wanted more symmetry
in the appearance of your nose, you didn't like the
dent. That was one of the things you discussed,
according to the records, does that sound about
right?
A. That's correct. There was a -- it wasn't
really a dent, it was actually the other side was
dented out, which actually still, all underneath all
of these pieces that Toriumi put in, I believe -- I
888.641.3550
2104cba%-23a1-4b8f-9352-363f196f4780

0
N
OO
O~
W
N
=
Page 33
KENNETH CLARK
don't, you know.
Q. Then there was some discussion about a brow é
1ift? i
A. He may have -- yes, there was a mention of
something with brows or something, which I was ;
starting to get kind of frightened at that point j
that I really didn't want to, you know -- |
Q. Sorry, I didn't mean to interrupt. You
didn't do anything then, you went back to see him a
year later, according to the record, in February of
'06; does that sound right to you? i
A. That quite possibly could have been. J
Q. And there was some discussion then again !
about facial appearance and some possible %
procedures? i
A. Mm-hmm. ;
(The court reporter asks the witness to |
use a word.) :
A. Yes. §
Q. And it looks like you discussed revision
rhinoplasty, brow lift, and chin tapering? g
A. That may have been, yes.
Q. Okay.
A. That sounds like he would have discussed
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

W
N
O
O
b~
W
N
=
Page 34
KENNETH CLARK
that, yes.
Q. Did you ever go ahead and have any of those
procedures, other than the rhinoplasty?
A. No, never.
Q. You just decided you didn't want it?
A. That's correct, too invasive, too involved.
I wanted to centralize on what I thought was the
problem, and that is why I did not pursue. Again,
Dr. Yaremchuk, he is out of Harvard Medical School
and Massachusetts General Hospital. He is very big
on facial plastic surgery, and when I mean facial
plastic, I mean implants --
ATTY. ARRIGO: Off the record.
(Discussion off the record.)
Q. So then when you did decide to go have the
revision rhinoplasty, tell me how it is that you
came in contact or decided to go with Dr. Toriumi or
how you even heard of him.
A. Dr. Toriumi was a big name, so to speak, on
the internet, internet forums, blogs, that type of
nature. I don't know, I presume that he had some
sort of promotional services working for him to try
to get his name out there, perhaps. I don't know,
I'm only speculating on that. I strongly suspect
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

W
N
o
A~
W
N
=
Page 35
KENNETH CLARK
it; however, that is where I initially heard his
name.
Q. So had you then done some research then?
Especially being in the health care profession, you
had gone on the internet and done some research
about these procedures and see who is out there
doing them and that kind of stuff?
A. That's correct. I tried to see if I could
get some information; however, the information that
you do get on all of these things is very -- it's
peppered with advertising, so it becomes very
difficult, ana this is in hindsight, it's very
difficult to determine what is true and what is not
true, who is real, who is not real, who is the best
and who is not the best.
Q. Did you keep any of that research? Do you
have, like, any kind of folder or anything like that
at your home?
A. I did not anticipate the need to keep that
research for that reason. I have some of it,
perhaps, located in some e-mail correspondence
perhaps with the various patients, but by and large
I do not have a dedicated folder of information, you
know, this is what Toriumi -- I would have done that N
888.641.3550
2104cba9-23a1-4b8f-9352-363f1964780

-
®
N
O
O
A~
W
N
3/2/2012
Page 36
KENNETH CLARK
CLARK v. TORIUMI
if I had known what was about to happen.
Q. Why is it that you decided not to have the
revision rhinoplasty with Dr. Yaremchuk in Boston?
A. Because the name of Toriumi was --
Yaremchuk's name, excuse me, was not elevated to the
status of being one of the best, so to speak, so --
Q. From your internet research?
A. Largely from the internet research and the
people I would consult with who were also people who
looked on the internet for it, so the information
you would get is either directly from the internet
or indirectly through those people who were reading
the hype, if I can use that word.
Q. Are you talking about other people who
would have revision rhinoplasties or...
A. Yes.
Q. Did you ever discuss with Dr. Yaremchuk
your plans to have the procedure by Dr. Toriumi?
A. I think it might have been mentioned. At
the second visit I may have mentioned that or that I
-- I don't think I mentioned that yes, I'm booked,
I'm going. I don't think I mentioned that at all.
It was just, What do you think about this person.
Q. What did Dr. Yaremchuk say?
888.641.3550
2104cba9-23a1-4b8f-9352-363f196f4780

-
o
N
O
O
b~
W
N
Page 37
KENNETH CLARK
A. I don't think he knew really all that much
about him at that time. I think he may have said,
Well, I heard his name, or something, you know.
Largely, I think doctors, they are so busy and they
are more involved in their own practice and stuff
like that, they may hear other names and stuff, but
they are not really in a great position to assess
someone else's work unless they are actually
directly connected with it. It's unfortunate, but I
think it's true.
Q. So at some point you actually -- I don't
know if you started it up, but somehow you became
part of a kind of a -- I don't even know how to
describe it -- a group that communicates with each
other on the internet who have had, or are
interested in having, revision rhinoplasties?
A. I did not start any forums, or blogs, or
anything of that nature ever. I never started one
for any purpose, so there are -- there were and are
various forums that come and go. Some of them are
nonexistent now, some of them are existent now, and
some have probably been created in the meantime, who
knows, and so I was on a very small amount of them.
I would frequent one -- and I think it
TR T R e e TR T T T e T e e e
888.641.3550
2104cbag-23a1-4b8f-9352-363196f4780

2010-2020 Medical Malpractice cases against Dr. Toriumi plus traffic accident with reckless driving

2010-2020 Medical Malpractice cases against Dr. Toriumi plus traffic accident with reckless driving

Recommended

Recommended

More Related Content

Similar to 2010-2020 Medical Malpractice cases against Dr. Toriumi plus traffic accident with reckless driving

Similar to 2010-2020 Medical Malpractice cases against Dr. Toriumi plus traffic accident with reckless driving (20)

Recently uploaded

Recently uploaded (20)

2010-2020 Medical Malpractice cases against Dr. Toriumi plus traffic accident with reckless driving