| Well, it finally happened. I'd been
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| | deposition in the very case we were about
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| Googled. Not by my friends, but by my
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| | to try. This was the only posted
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| adversaries in a medical malpractice
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| | deposition in an active case. Even though
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| wrongful death case. Their googling
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| | it was de-identified and you could not
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| apparently caused apoplectic seizures
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| | determine who it involved, he asked me to
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| that rippled through the defense firms
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| | remove it from my site for the duration
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| representing the doctors in my case that
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| | of the trial because of the possibility
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| was marked final for trial on April 10,
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| | that a juror could find the de-identified
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| 2006 in Kings County, here in New
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| | transcript while doing a search and read
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| York.The first inkling of trouble was a
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| | it during the trial. After much debate,
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| telephone call by adversary #1- someone
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| | and knowing that there is no case law on
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| who up until that time, I thought I had a
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| | this topic anywhere in New York, I agreed
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| good working relationship with. "Gerry, I
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| | to voluntarily remove the deposition from
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| want to give you a heads-up about an
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| | my site. You would think that my
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| order-to-show cause that you'll be
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| | willingness to be courteous and
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| getting shortly," he said. "What's it
| |
| | professional to my adversary would have
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| about?" I asked."Your website. We want
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| | ended this issue. It did not.He was still
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| you to shut it down for the duration of
| |
| | insistent that my website be shut down,
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| the trial," he answered. "What are you
| |
| | because there was material on my site,
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| talking about?" I asked incredulously.
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| | "That if viewed by a potential juror,
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| "What could my website possibly have to
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| | would prejudice that juror," he wrote in
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| do with a trial that we're supposed to
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| | his motion papers.On April 10, 2006, when
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| start in one week's time?" I stated,
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| | we appeared in the Medical Malpractice
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| having difficulty controlling my tongue
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| | Trial Ready Part in Brooklyn, NY, my
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| and the tenor of my voice."We think that
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| | adversary was insistent that the Court
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| potential jurors might be prejudiced if
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| | shut down my site. He referred to three
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| they read the material on your website,
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| | articles I wrote as being somehow
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| and that's why we want you to shut it
| |
| | prejudicial: "Insurance Companies and how
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| down," he responded.Let me digress a
| |
| | they protect their profits," "5 Typical
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| moment. On my website which currently
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| | Defenses in a Medical Malpractice Case,"
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| gets over 3000 unique visitors per month,
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| | and "Medical Malpractice: 10 Reasons Why
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| I have over 65 articles that I have
| |
| | Most Victims Won't Recover a Dime." The
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| personally written, I have 200 frequently
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| | last article he cited because I include
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| asked questions, I have 213 links to
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| | discussions about jurors biased by the
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| other resources, and over 285 news
| |
| | insurance industry, the plaintiff's
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| articles about verdicts and settlements
| |
| | inability to hire good qualified experts,
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| across the country. In addition, I have
| |
| | and the basic premise that 'juries like
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| posted deposition transcripts of doctors
| |
| | doctors'.Defense counsel's arguments
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| in cases I have handled that are
| |
| | were, impressively, based on total
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| de-identified. I have removed all
| |
| | speculation. He argued that a potential
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| identifying features in each of the
| |
| | juror might ignore the trial judge's
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| depositions I have posted. The reason I
| |
| | instructions not to discuss the case with
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| posted these transcripts is to show
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| | anyone, that he might go online and
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| people what I do, how I do it, and it
| |
| | perform a search about the attorneys or
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| makes for interesting reading.If one
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| | the topic involved in the case, that he
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| Google's my name, "Gerry Oginski" you
| |
| | would actually find information about the
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| will get 953 sites that refer to me and
| |
| | case, and that he might be prejudiced by
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| my website, my blog and other writings
| |
| | reading such material. He wrote:"We live
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| I've posted online. If you take off the
| |
| | in the 'Google' world where nearly
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| quotations, you'll get 12,500 references
| |
| | everyone has access to the internet and
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| to my name. If you do a Yahoo search with
| |
| | many people perform internet searches as
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| the same name in quotations, you will get
| |
| | a means of obtaining information. Jurors,
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| almost 8,000 sites that refer to my
| |
| | in fact, often attest to a desire to
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| name.The original Google search that my
| |
| | 'research' the issues or attorneys on the
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| adversary performed "Anesthesia, wrongful
| |
| | internet.
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| death and Oginski" revealed his client's
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| |
|
