In conjunction with a project I'm doing about preparing plaintiffs for deposition, I pointed out that in many types of cases, it's possible to predict with great accuracy what your client will be asked.
This is because in common types of personal injury cases, e.g., many mass torts, defense lawyers often follow a common outline in deposing plaintiffs that can be reverse-engineered simply by lifting the questions or topics from previous depositions.
Often, such deposition outlines are easy to find--and are certainly a great help in preparing a client for a deposition.
Below the fold: A reverse-engineered deposition outline from the long-concluded fen-phen litigation.
Defense Deposition Outline in a Fen-Phen Case
1. Name-Address-Occupation-Education
2. Marital Status and Spousal Employment
3. Marital History and Residences
4. Knowledge of Spousal Claims for Disability
5. Work Comp or Disability Claims
6. Employment History
7. Salary History
8. Deponent’s Children
9. Deponent’s Childhood and Early Years
10. Family Medical History – Parents, Siblings
11. Family Health, Learning Disabilities, Psychological Illnesses, Weight Problems
12. Deposition Notice and Requested Items to Produce at Deposition
13. Plaintiff’s Fact Sheet
14. Medical Expenses Incurred as a Result of Use of Fen-Phen
15. Desired Compensations from Defendants, Including Punitives, If Requested
16. Decision to File Suit
17. Knowledge about Fen-Phen Lawsuit
18. Familiarity with Complaint and Amended Complaint
19. Fees Associated with Litigation Costs
20. Medical Monitoring Aspects of Litigation
21. Punitive Damages
22. Disclosure and/or Discussions with Individuals About Lawsuit
23. Previous Litigation Experience
24. Acquaintance with Other Plaintiffs
25. Named Defendants
26. Products Produced by Defendants
27. Personal Physicians
28. Personal Health History
29. Personal Treating Physician History
30. Person Weight History
31. Personal Feelings about Weight
32. Psychological and Social Effects of Weight
33. Relationship between Weight and Health Problems
34. Personal Physicians – Diet Consultations
35. Eating Disorders – Anorexia, Bulimia, Binge Eating, etc.
36. Exercise Routines
37. Review of Medical Records
38. Review of Medication Records
39. Current Medications
40. Fen-Phen – Pill Identification
42. Fen-Phen – Who and Where Prescribed
43. Fen-Phen – Source and Price for Pills
44. Fen-Phen – Dates and Time Periods for Pills
45. Fen-Phen – Dosage
46. Fen-Phen – Physical Characteristics of Tablets
47. Duration of Taking Fen-Phen
48. Clarification of Products Taken
49. Exposure to Literature Regarding Fen-Phen
50. Weight Programs and Weight Clinics
51. Weight-Related Literature
52. Literature Relating to Fen-Phen Problems
53. Fen-Phen Advertising Awareness
54. Patient Informed Consent Form
55. Risks Involved with Obesity
56. Risks Involved with Medications
57. Warnings
58. Physician Statements
59. Fear of Future Medical Complications
60. Awareness of Potential Health Problems Related to Fen-Phen
61. Previous Diet Plans
62. Procedures at Diet Clinic
63. Notes/Calendar Regarding Weight
64. Exercises while Taking Fen-Phen
65. Weight Loss while Taking Fen-Phen
66. Weight Clinic Fees
67. Explanation of Weight Maintenance Program
68. Knowledge of BMI
69. Knowledge of PDR
70. Effects of Fen-Phen – Weight Loss
71. Side Effects of Fen-Phen, e.g., Insomnia
72. Procedures – Echocardiogram
73. Personal Problems Resulting from Fen-Phen Usage
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