I love reading expert witness depositions. Especially when the witnesses won’t answer simple, straightforward questions. Look at this excerpt of the deposition of Robert Gale, the lead inventor of the Duragesic Fentanyl Patch:
All Mr. Orr was asking was whether the warning label for Duragesic explains that you can die from the patch even if you use it properly. Now, this question was asked during a deposition, which means that it wasn’t asked in front of a jury. In my opinion, it was improper for Ms. Benedict to instruct the witness not to answer this question during the deposition. There are many objections she could have made during the trial to prevent the jury from hearing Gale’s answer to this question, but Gale should have answered it during the deposition.
Here’s a PDF copy of Mr. Gale’s deposition from this Duragesic lawsuit.
