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