WEBVTT 1 00:00:00.040 --> 00:00:02.279 You know, Boss, we spend so much time here on the Lapsed Fan 2 00:00:02.319 --> 00:00:08.759 Wrestling podcast and especially this TNH total NonStop Hogan Journey, talking about Hulk Coogan's 3 00:00:08.800 --> 00:00:16.120 back. He watches it, he won't turn it to you, he doesn't 4 00:00:16.239 --> 00:00:20.239 want it touching the ground. What's going on? He's always angling for a 5 00:00:20.280 --> 00:00:27.480 come back. What he gets things back on track? And as we found, 6 00:00:28.039 --> 00:00:33.439 he has his back operated on seemingly weakly during the first year of his 7 00:00:33.520 --> 00:00:39.399 ten a run that we just finished chronicling here on the Lapsed Fan A key 8 00:00:39.479 --> 00:00:43.640 learning I would submit, if TNH so far has been to mean anything, 9 00:00:43.759 --> 00:00:48.679 Hulkogan has to be building towards some sort of physical altercation, right brother, 10 00:00:49.280 --> 00:00:53.119 that moment where he chucks off the bandanna and starts winging punches as we sit 11 00:00:53.159 --> 00:00:57.119 back and cringe at the possibility that he may end up simply chipping away at 12 00:00:57.119 --> 00:01:02.240 our image of him. Agreed. So a twenty eleven Don's here at TNH 13 00:01:02.439 --> 00:01:04.840 and TNA hasn't made much in the way of substantial progress in terms of business 14 00:01:04.879 --> 00:01:08.439 growth after the first year of Hogan, with his contract reportedly coming up in 15 00:01:08.439 --> 00:01:12.560 October of twenty eleven, right before Bound for Glory that year, it starts 16 00:01:12.560 --> 00:01:17.959 all over again, the talk, the discussion, the discourse. Can Hulk 17 00:01:18.040 --> 00:01:37.359 go or will Hulk go? Brother? That sounds to me like the haunting 18 00:01:37.359 --> 00:01:47.599 echoes of a courtroom, does it not, or at least a deposition room. 19 00:01:47.599 --> 00:01:49.879 This is an especially murky time period for Hulk Hogan. And that's saying 20 00:01:49.920 --> 00:01:53.519 something considering you never can tell with this guy who routinely falls in love with 21 00:01:53.640 --> 00:01:57.239 versions of stories that aggrandize him and ends up telling them with as much conviction 22 00:01:57.280 --> 00:02:00.719 as you would. I don't know the truth. Uh well, brother, 23 00:02:02.879 --> 00:02:07.400 we mean, dude, I mean on television, on television at this point 24 00:02:07.400 --> 00:02:10.759 in time at TNA, they're talking like the guys at eight ten, twelve. 25 00:02:10.800 --> 00:02:14.800 I don't know how many back surgeries I am, brother. And in 26 00:02:14.840 --> 00:02:19.960 fact, here's a message the Holster himself sent via Twitter video laying on his 27 00:02:20.039 --> 00:02:24.159 back in late twenty ten as the plan for him to wrestle at Bound for 28 00:02:24.199 --> 00:02:30.439 Glory that year his first Bound for Glory at and TNA began to unwind as 29 00:02:30.479 --> 00:02:35.159 we're told that he's undergoing significant back problems and we're told the guy is going 30 00:02:35.280 --> 00:02:42.240 under the knife because basically I'm not going or anything, brother, weekly he's 31 00:02:42.280 --> 00:02:46.639 in anything weekly or you know, momentarily. Brother, you listen to this 32 00:02:46.680 --> 00:02:51.840 sound as dug up by an enterprising member Steve of the Solar System, because 33 00:02:51.879 --> 00:02:54.280 of course Holk's lung since deleted said video as far as I know. And 34 00:02:54.360 --> 00:02:59.080 you tell me if he sounds weekly as he's laying in bed for he had 35 00:02:59.120 --> 00:03:04.120 another back treat trying to book his way into a big bound for glory in 36 00:03:04.159 --> 00:03:12.599 twenty ten. Oh dude, And I'm really excited about giving out the hospital. 37 00:03:12.639 --> 00:03:15.280 I've been doing a lot of thinking, man, a lot of crazy 38 00:03:15.319 --> 00:03:21.120 TNA stuff. It is gonna get whack. It's gonna get crazy. We're 39 00:03:21.120 --> 00:03:25.280 gonna turn We're not gonna make wrestling how it used to be. We're gonna 40 00:03:25.280 --> 00:03:30.840 make wrestling how it should be. Turn the dive up so high. You 41 00:03:30.960 --> 00:03:34.039 got a bunch of guys now they can really go and aren't afraid to, 42 00:03:34.960 --> 00:03:38.639 you know, do one hundred percent full thrust. Commit me. You know, 43 00:03:38.000 --> 00:03:42.840 I can't stand with people go to swing a chair and they put a 44 00:03:42.879 --> 00:03:46.639 hand up to block it. Or if you click that link, boss, 45 00:03:46.639 --> 00:03:51.439 I'd like you to just assess the visual condition of the Hulkster. Here is 46 00:03:51.439 --> 00:03:55.319 all right, prepares for another back treatment in and around October of twenty ten. 47 00:03:55.680 --> 00:04:01.840 All right, let's take a look at him and what I'm really excited 48 00:04:01.879 --> 00:04:03.960 about. Giving out the hustle. I've been doing a lot of fun. 49 00:04:04.840 --> 00:04:13.080 Look into his eyes. Oh whack, get whack. I think he's about 50 00:04:13.120 --> 00:04:16.360 to getting whacked. I'm gonna make wrestling how it used to be. We're 51 00:04:16.360 --> 00:04:19.879 gonna make wrestling how it should be. We're gonna turn the dial up so 52 00:04:20.000 --> 00:04:27.399 high? Can really turn the dial up so high? To dial up so 53 00:04:27.480 --> 00:04:30.759 high? Is he gonna get soap? Is that what it is? Can't 54 00:04:30.959 --> 00:04:34.000 stand people? Yeah? How whack is it? People try to protect their 55 00:04:34.000 --> 00:04:38.759 brains when they're taking chair shots In twenty ten, If only people would not 56 00:04:38.879 --> 00:04:42.560 put up their hands when they take chair shots, we could win the ratings. 57 00:04:43.879 --> 00:04:45.519 Now, what do you see? What do you see? Look into 58 00:04:45.600 --> 00:04:47.560 us always? What do you see? Can't even it's horrifying. He's just 59 00:04:47.639 --> 00:04:50.920 he's a mess. I see a guy who looks like he's on his last 60 00:04:50.959 --> 00:04:55.399 fucking legs. Belly kind of was he was on his last back As it 61 00:04:55.399 --> 00:04:57.959 turns out, I guess we only get one in this life. But I 62 00:04:58.040 --> 00:05:00.959 mean he's he's drugged. I mean clearly he's in pain. He may even 63 00:05:00.000 --> 00:05:02.600 be uh, you know, have some anesthesia. I mean the guy. 64 00:05:02.680 --> 00:05:06.040 This is what we talked about a couple of episodes ago in TNH where he 65 00:05:06.079 --> 00:05:11.600 you know, reportedly was picking up seashells with Jennifer and just the backstarted spasman 66 00:05:11.839 --> 00:05:20.720 ah, dude, ah ah brother, Oh God, dude ah oh j 67 00:05:21.560 --> 00:05:26.879 Jay dog dude, you can't brother, don't don't touch me, dude, 68 00:05:27.399 --> 00:05:31.519 Come on, jan don't fucking touch me, brother. Ah ah my bizels 69 00:05:31.560 --> 00:05:36.879 out, dude. We know, we know ultimately that Hulk Helgan returned and 70 00:05:36.920 --> 00:05:42.279 crutches on the Bound for Glory show to turn a heel along with Jeff Hardy 71 00:05:42.319 --> 00:05:47.079 and join up with Fortune to create a superheel stable that was dead with Jael 72 00:05:47.160 --> 00:05:49.759 Brother, a stable that was dead, of course, by the end of 73 00:05:49.800 --> 00:05:55.120 two thousand and ten, Hulk makes himself a bit more rare as two thousand 74 00:05:55.120 --> 00:05:58.439 and ten wraps up in two thousand and eleven Dons and we're left to wonder 75 00:05:58.519 --> 00:06:02.439 just what is happening with the hulkster brother. His daughter is filming the second 76 00:06:02.439 --> 00:06:06.079 season of her VH one reality show Brookno's Best during this time, in a 77 00:06:06.160 --> 00:06:12.839 shoot that turns out to be for the series finale. The last ever episode 78 00:06:12.839 --> 00:06:17.920 of Brookno's Best actually revolves a round Hulk negotiating conflicting medical advice and whether he 79 00:06:17.959 --> 00:06:24.959 needs to go in for the full on invasive back fusion surgery or if he 80 00:06:25.000 --> 00:06:29.879 just needs these infusion dude, Yeah, what are we fusing together? Brother? 81 00:06:32.399 --> 00:06:36.959 Is it fusion? Is it fugi out? Fuse up? What is 82 00:06:38.000 --> 00:06:44.480 it fusha? Is it fuge z? Brother? What did you now? 83 00:06:44.560 --> 00:06:46.639 Now? Doc? I just need you to know if you're going to operate 84 00:06:46.759 --> 00:06:50.439 my back. Brother, we need to sign many documents. Brother, I 85 00:06:50.519 --> 00:06:57.000 mean, oh yeah, okay, well we'll talk and he goes into the 86 00:06:57.079 --> 00:07:00.959 hallway with Hulks lawyer hiszel. What does that mean? I'm sorry? And 87 00:07:01.000 --> 00:07:06.519 what is a? Can you explain to me what is a? What is 88 00:07:08.360 --> 00:07:13.480 Does he need this fusion surgery or does he just need the targeted laser procedure? 89 00:07:15.199 --> 00:07:18.720 I need a fizzle surgery that's supposed to be able to reduce the pressure 90 00:07:18.800 --> 00:07:24.480 Hulks feeling on his back and give him temporary relief without having to go under 91 00:07:24.519 --> 00:07:29.399 such you know, a significant period on the shelf, which obviously what an 92 00:07:29.519 --> 00:07:33.120 amount to selling TNA A bill of goods, perhaps in a less charitable way 93 00:07:33.120 --> 00:07:39.000 of interpreting circumstances. And so during this filming of Brookno's best, reams of 94 00:07:39.040 --> 00:07:44.360 footage is captured of these consultations between Hulk Hogan and these doctors. But Boss, 95 00:07:44.399 --> 00:07:47.199 this is Hulk Hogan we're talking about, this is wrestling, this is 96 00:07:48.120 --> 00:07:53.600 reality TV. Like he's wrestling for a cure. What is real advice and 97 00:07:53.680 --> 00:07:57.480 what is kfabe? Oh Man, not only are you dealing with the conceits 98 00:07:57.480 --> 00:08:01.839 of reality TV, but you're dealing with pro wrestlers on a reality TV show. 99 00:08:01.639 --> 00:08:07.199 Are the doctors working as they consult Hell Coogan on videotape? If the 100 00:08:07.279 --> 00:08:16.000 cameras are rolling while they're on video tame attorneys for a spine surgery center that 101 00:08:16.079 --> 00:08:20.160 Hulk Coogan went on to sue overwork done during this time period ran into this 102 00:08:20.800 --> 00:08:28.399 essential problem of kfabe, this sort of kfabe wall when they deposed brook Hogan 103 00:08:28.439 --> 00:08:31.920 in the lawsuit in two thousand and fifteen. In the deposition, Brook Hogan 104 00:08:31.959 --> 00:08:35.960 has asked, yes, ma'am, okay, were you I guess I'm going 105 00:08:35.039 --> 00:08:37.759 to ask a question. There were some transcripts from your show where you and 106 00:08:37.840 --> 00:08:41.480 Jennifer, would what's the right way to phrase this, trying to press your 107 00:08:41.480 --> 00:08:45.559 father to comply with the medical advice he was getting, you know, not 108 00:08:45.960 --> 00:08:48.039 getting the gym immediately, not going to WrestleMania. You need to follow your 109 00:08:48.080 --> 00:08:54.840 aftercare instructions. Would those be like you testified earlier? Would those be sort 110 00:08:54.840 --> 00:09:00.559 of for the TV folks? Brook answers, probably if it was on camera. 111 00:09:01.039 --> 00:09:07.039 Okay, Oh my god, Brooke, I wouldn't believe anything you see 112 00:09:07.320 --> 00:09:13.039 on TV, she tells the lawyer, who responds, Okay, And I'm 113 00:09:13.039 --> 00:09:16.240 asking you a hypothetical question that if your father said during the show that he 114 00:09:16.320 --> 00:09:20.519 was very complimentary of the docks at Laser Spine, would you be surprised to 115 00:09:20.559 --> 00:09:26.080 hear that, Britt Brooke, I would not be surprised to hear that my 116 00:09:26.159 --> 00:09:33.519 dad said he skydived yesterday. If it was on TV? WHOA Okay, 117 00:09:33.639 --> 00:09:39.480 Brooke, because it's TV. Lawyer, Okay, so we just shouldn't believe 118 00:09:39.519 --> 00:09:46.320 anything that we see on TV. Brooke. No, the lawyers in this 119 00:09:46.399 --> 00:09:52.759 lawsuit obtained hours of raw footage from the production company that created Brooke knows best 120 00:09:54.240 --> 00:09:58.320 they seem to think of it is containing I don't know some evidence perhaps that 121 00:09:58.720 --> 00:10:03.039 hul Coogan was full cognizant that the laser spine treatments he was undergoing during this 122 00:10:03.080 --> 00:10:05.879 time period at TNA might not do the trick for him. With this line 123 00:10:05.879 --> 00:10:11.240 of testimony from brook Hogan about whether you can trust a single thing on that 124 00:10:11.320 --> 00:10:15.120 tape shuts that all down, doesn't it? Yes, it does. Don't 125 00:10:15.120 --> 00:10:20.240 be a mark. Don't believe what's on camera. That's right. Still video 126 00:10:20.279 --> 00:10:24.799 of this episode of Brookno's Best, the last of the series, is impossible 127 00:10:24.000 --> 00:10:31.720 to find anywhere online. We looked, we strained every resource that has always 128 00:10:31.720 --> 00:10:35.000 been fail saves for us. Whenever we've needed something here at TLF, we 129 00:10:35.080 --> 00:10:37.399 have rung every bell there is to ring every I mean, you know, 130 00:10:37.480 --> 00:10:41.159 can I tell you, honest to God? As I was on the plane 131 00:10:41.159 --> 00:10:46.720 too to La, I was spending at least a good two hours hunting trying 132 00:10:46.759 --> 00:10:52.240 to find something on my laptop, like just trying to find by going down 133 00:10:52.240 --> 00:10:58.240 those kind of deep dark side to where I found weird matches before. Yeah, 134 00:10:58.240 --> 00:11:05.200 I'm looking for m thing. Nothing. We defy you to produce a 135 00:11:05.279 --> 00:11:09.879 copy of this episode. You cannot, and the exhibit in the court file 136 00:11:11.200 --> 00:11:16.840 in this lawsuit that apparently contained all of these hours of footage from shooting Brooknow's 137 00:11:16.919 --> 00:11:22.120 best has been destroyed. At least that's what the courthouse tells us when we 138 00:11:22.159 --> 00:11:26.120 inquire. I feel like we're on an episode of sixty minutes. So where 139 00:11:26.159 --> 00:11:30.120 can we turn? What can we count on as a reliable account of what 140 00:11:30.159 --> 00:11:33.039 happened to Hulkogan as he sought every medical angle possible to try to return to 141 00:11:33.080 --> 00:11:37.039 the ring, as he tried to rebuild his life after a financially devastating divorce 142 00:11:37.039 --> 00:11:41.320 and accident settlement in the rings of Total NonStop Action Wrestling. We have to 143 00:11:41.320 --> 00:11:48.240 turn boss, as we're so wont to do here at TLF uniquely and in 144 00:11:48.480 --> 00:11:54.240 full erection the court papers and a sworn deposition that Hulk Coogan gave in his 145 00:11:54.320 --> 00:12:01.159 lawsuit against the Laser Spine Institute in twenty fourteen, a year after his TNA 146 00:12:01.240 --> 00:12:03.799 run was over and after he had returned to the w w E as a 147 00:12:03.879 --> 00:12:07.080 legend in residence. If you will, Oh my God, before the sex 148 00:12:07.120 --> 00:12:13.000 tape and racism scandal blew that whole thing up, We're about to find out 149 00:12:13.279 --> 00:12:22.159 what once again, as part of TNH Total NonStop Hogan TLF enters the courtroom 150 00:12:22.200 --> 00:12:26.600 in this highly necessary TNH interlude to lay out the facts brother and Hulk Cogan's 151 00:12:26.639 --> 00:12:33.120 own words about how the Hulkster was rebuilt to get back on track, turn 152 00:12:33.200 --> 00:12:37.759 the nose up on this thing, and do what little he could in the 153 00:12:37.840 --> 00:12:46.519 TNA ring in the Circuit court, Terry g. Balaya, also known as 154 00:12:46.600 --> 00:13:00.080 Hulk Cogan plaintiff versus Leizer Spine Institute LLC. MMMM, We're now in the 155 00:13:00.080 --> 00:13:01.480 record. This begins video tape number one in the deposition of Terry Bala in 156 00:13:01.519 --> 00:13:05.320 the matter of Terry Gibala Ak Hulkoucin versus Laser Spine Institute LLC. Today's state 157 00:13:05.440 --> 00:13:09.480 is Wednesday, ut qourteen. The time is nine o nine am. This 158 00:13:09.559 --> 00:13:11.519 deposition has been taken with the Florid and Robert Ki eighth the request of Weinberg, 159 00:13:11.559 --> 00:13:15.879 Wheeler, hudgens Gun and Dial LLLC. The videographer is Hunter Matheson of 160 00:13:15.919 --> 00:13:18.840 Magnet Legal Services and the court reporter is jan at Hall of Magnet Legal Services. 161 00:13:18.840 --> 00:13:24.240 Will counsel at all parties present state whom they represent m Will Floren and 162 00:13:24.480 --> 00:13:30.600 Eric Selestera. We represent mister Bola jay Train representing the defendants. Along with 163 00:13:31.000 --> 00:13:35.639 mister Chris Nopick and Kate Spinelli. And will the court reporter please swear the 164 00:13:35.639 --> 00:13:41.799 witness m do you swearing affirm that the whole testimony you're about to give will 165 00:13:41.840 --> 00:13:45.519 be the truth, the whole truth, and nothing but the truth. Yes. 166 00:13:46.639 --> 00:13:52.320 Thereupon, Terry G. Bola, having first been duly sworn or affirmed, 167 00:13:54.039 --> 00:14:00.559 was examined and testified as follows. Mister Bolaya, my name is Jay 168 00:14:00.600 --> 00:14:03.919 Train. We met before the deposition. You've been deposed before, sir, 169 00:14:05.519 --> 00:14:07.799 Yes, sir, all right, so you know a little bit about what's 170 00:14:07.799 --> 00:14:11.120 going to go on here today. We've got this scheduled for two days. 171 00:14:11.600 --> 00:14:15.200 My sincere hope is that it doesn't last two full days. I'd like to 172 00:14:15.200 --> 00:14:16.240 get home. You know. That kind of depends on how things go. 173 00:14:16.320 --> 00:14:20.039 But I want you to know I do want to get through this as quickly 174 00:14:20.080 --> 00:14:22.039 as possible. Having said that, if you need to take a break at 175 00:14:22.039 --> 00:14:26.159 any time, either stand up, walk around. You were talking to your 176 00:14:26.159 --> 00:14:28.679 returning before going on the record. If you need to talk to your returning 177 00:14:28.879 --> 00:14:31.799 as long as a question is not pending, feel free to do that. 178 00:14:31.200 --> 00:14:33.679 Just you know, say you want to take a break, you need to 179 00:14:33.679 --> 00:14:37.519 answer a phone call, text message, use the restroom, whatever you need 180 00:14:37.559 --> 00:14:39.480 to do. That's fine. That actually, you know, goes for both 181 00:14:39.559 --> 00:14:43.320 everybody in the room. If we need a break, we could take a 182 00:14:43.360 --> 00:14:46.360 lunch break at any time, if you could. I think you know this, 183 00:14:46.440 --> 00:14:48.240 but we've got the court reporter taking all this down. If we can 184 00:14:48.320 --> 00:14:52.600 just talk one at a time, I will endeavor not to interrupt your answers. 185 00:14:52.679 --> 00:14:56.519 Please try not to interrupt my questions. And it's not fussing at you, 186 00:14:56.559 --> 00:14:58.720 it's just so we can get a clear transcript. Like I said earlier, 187 00:14:58.720 --> 00:15:01.840 if you can't hear me, or if I ask you a question that 188 00:15:01.879 --> 00:15:03.519 doesn't make any sense, you just tell me to repeat it, rephrase it, 189 00:15:03.600 --> 00:15:07.799 and I'll be glad to do that. Anything you want to ask before 190 00:15:07.799 --> 00:15:09.440 we get started, or are you ready to go now? I'm good? 191 00:15:11.480 --> 00:15:16.240 All right. You know we're here today to talk about the lawsuit you've filed 192 00:15:16.240 --> 00:15:18.720 against our clients, and we're going to be covering a lot of areas. 193 00:15:18.759 --> 00:15:22.240 But what I want to start with is kind of where you left LSI Laser 194 00:15:22.320 --> 00:15:26.559 Spine Institute. I want to pick up at that point, So I'm going 195 00:15:26.600 --> 00:15:31.039 to be asking you some questions about the surgery that you had in December twenty 196 00:15:31.279 --> 00:15:35.559 ten with doctor Uribe and kind of going forward, just so you have a 197 00:15:35.600 --> 00:15:37.120 little bit of the roadmap for this morning. But let me ask you this 198 00:15:37.200 --> 00:15:41.879 question first. Have you ever looked at the medical records your medical chart from 199 00:15:41.960 --> 00:15:46.840 Laser Spine Institute, sat down and looked at the records? Yes? All 200 00:15:46.919 --> 00:15:50.279 right? And how? And again let me I guess I should have just 201 00:15:50.279 --> 00:15:52.559 said at the beginning. Obviously, when I ask you a question, I'm 202 00:15:52.559 --> 00:15:54.080 not asking you to tell me what you and your lawyers talked about. So 203 00:15:54.120 --> 00:15:56.799 if I ask you a question that calls for that information, you know, 204 00:15:58.039 --> 00:16:00.919 don't relate to me anything you've talked to your lawyers about, any directions you 205 00:16:00.000 --> 00:16:03.279 got from your lawyers. That's privileged. I'm sure your lawyers will object to 206 00:16:03.320 --> 00:16:07.559 that, and I'm not asking that. But you may get information from other 207 00:16:07.559 --> 00:16:10.519 sources that didn't come from your lawyers, and I am interested and entitled to 208 00:16:10.559 --> 00:16:14.879 know that information. So let me ask you this. As you read through 209 00:16:14.919 --> 00:16:18.279 the chart, when was it that you looked through your records? Well in 210 00:16:18.399 --> 00:16:22.639 preparing for this deposition? Okay, was there anything that jumped out at you 211 00:16:23.000 --> 00:16:26.320 where you looked at it and you said, Hey, that didn't happen that 212 00:16:26.360 --> 00:16:29.679 way, that's not right. Anything you can remember reading in the records that 213 00:16:30.159 --> 00:16:33.399 sort of made you feel that way. Well, first of all, I 214 00:16:33.440 --> 00:16:36.600 don't think you've established he's looked at all the records. I think that's an 215 00:16:36.600 --> 00:16:40.360 overbroad question. If you want to show him particular records and then ask him 216 00:16:40.399 --> 00:16:42.279 is that right or is that not right? He can do that, and 217 00:16:42.360 --> 00:16:45.879 I'm going to ask him the question. He can answer that question. You're 218 00:16:45.879 --> 00:16:48.759 objecting to the forum, that's fine. He's objecting to the forum. That's 219 00:16:48.759 --> 00:16:52.320 where the court later on. So you can still answer my question. If 220 00:16:52.320 --> 00:16:56.639 he instructs you not to answer the question, then you know I probably misspoke. 221 00:16:56.279 --> 00:17:00.720 I would that pretty much a timeline. You're not each a timeline. 222 00:17:00.720 --> 00:17:04.000 I don't each individual record. I mean, I understand, I mean, 223 00:17:04.079 --> 00:17:07.319 And my question is the same thing. As you looked through whatever records, 224 00:17:07.720 --> 00:17:11.799 whether it's a portion of the chart, specific notes, was there anything that 225 00:17:11.839 --> 00:17:15.079 you saw that you just disagreed with, You say that didn't happen. Nothing 226 00:17:15.119 --> 00:17:19.079 that I disagreed with or said it didn't happen. Okay, was there any 227 00:17:19.079 --> 00:17:23.160 other documents that you're talking about the timeline, right, yeah, the timeline. 228 00:17:23.480 --> 00:17:26.920 There was nothing that I didn't I didn't disagree with, or saw that 229 00:17:26.960 --> 00:17:29.920 didn't happen. Oh oh yeah, yeah, the timeline. You know, 230 00:17:29.960 --> 00:17:33.200 there was nothing that I didn't I didn't disagree with, or saw that that 231 00:17:33.279 --> 00:17:36.720 didn't happen. See. I just want to make sure there's not any confusion. 232 00:17:36.759 --> 00:17:38.680 He hasn't testified that he's looked at records. He looked at a timeline 233 00:17:38.680 --> 00:17:42.200 prepared by our office, which is work product, but that's different from him 234 00:17:42.240 --> 00:17:45.000 looking at the records. I don't want there to be any confusion about I 235 00:17:45.000 --> 00:17:48.519 think you need to establish if he's actually looked at medical records themselves, as 236 00:17:48.519 --> 00:17:52.720 opposed to a timeline of events. Well, we can go back. My 237 00:17:52.839 --> 00:17:56.200 question was medical records and chart. I didn't say the word timeline. I 238 00:17:56.200 --> 00:18:00.480 think you said the word timeline. He said the word timeline. Yeah, 239 00:18:00.480 --> 00:18:03.640 but then I saw I misspoke. It wasn't medical records, it was a 240 00:18:03.680 --> 00:18:07.279 timeline. Well that's fine. You have not looked at the actual records that 241 00:18:07.359 --> 00:18:10.799 doctor Gruber signed or doctor Breski signed. You've looked at a timeline that was 242 00:18:10.799 --> 00:18:15.119 prepared by your lawyers. Yaha, said I misspoke. It wasn't medical records. 243 00:18:15.119 --> 00:18:18.759 It was a timeline, and that's fine. We all do that. 244 00:18:18.880 --> 00:18:22.119 And if you need at any point to correct anything you say on the record, 245 00:18:22.119 --> 00:18:25.559 again, there's no warries in that, all right. So you looked 246 00:18:25.559 --> 00:18:27.319 at a timeline. Was there anything else you looked at and getting ready for 247 00:18:27.359 --> 00:18:32.440 today? Any other documents or pleadings? No? All right? Tell me. 248 00:18:32.480 --> 00:18:33.359 We've got a lot of your records, mister Balaia, and I can 249 00:18:33.359 --> 00:18:37.440 assure you I'm not going to go through all the records that we've obtained from 250 00:18:37.480 --> 00:18:41.119 other treating physicians, but I do have some questions about some of the folks 251 00:18:41.119 --> 00:18:45.200 you've treated with. And there's a fellow named doctor Unger. Do you know 252 00:18:45.359 --> 00:18:48.920 doctor Unger? Yes? I do. Where is he located? He's in 253 00:18:48.000 --> 00:18:52.519 Chino, California? All right? And is he what I might call a 254 00:18:52.759 --> 00:18:59.279 primary care doctor? What you might call? Yeah, well, I don't 255 00:18:59.319 --> 00:19:06.640 know what you call? All right? What do you consider doctor Hunger? 256 00:19:06.759 --> 00:19:10.799 What type of doctor is doctor Hunger? Oh? Well, he's a urologist. 257 00:19:11.240 --> 00:19:12.480 Okay? And are you still treating with him? Do you still see 258 00:19:12.559 --> 00:19:17.400 him occasionally? No? Okay? How long did you treat with doctor Hunger? 259 00:19:17.839 --> 00:19:21.559 Oh? Gosh? I don't recall it was during It was during the 260 00:19:21.599 --> 00:19:25.480 time of my first marriage when I kept the residents in California, Okay, 261 00:19:25.799 --> 00:19:30.519 And I met him through the wrestling commission, and he offered services as a 262 00:19:30.559 --> 00:19:33.119 family doctor, you know, above and beyond what he did with wrestling. 263 00:19:33.759 --> 00:19:37.839 It looks like from my records, you did see him occasionally during this sort 264 00:19:37.880 --> 00:19:41.119 of relevant time period. You know. When I say relevant time period, 265 00:19:41.119 --> 00:19:47.279 I'm talking about the two thousand and nine to two eleven time period when you 266 00:19:47.319 --> 00:19:49.119 were treating with our clients. It seems like you went to see doctor Hunger 267 00:19:49.200 --> 00:19:52.960 once or twice. Is that your recollection as well? Yes, it is. 268 00:19:53.519 --> 00:19:56.759 And again I'm just asking a general question here, But did you go 269 00:19:56.799 --> 00:19:59.839 to see him for specific reasons or would it be like you're in California for 270 00:20:00.079 --> 00:20:03.240 or you're in California for family stuff and you need to go see a doctor 271 00:20:03.240 --> 00:20:04.799 and you happened in to see him. Did you understand the difference of my 272 00:20:04.880 --> 00:20:10.960 question. Yeah, I understand. He was all the above. Okay, 273 00:20:11.240 --> 00:20:14.279 Actually you know it was actually, you know, more than all the above. 274 00:20:14.400 --> 00:20:18.039 It was a situation where when I was in California, he would be 275 00:20:18.079 --> 00:20:21.400 the doctor I would consult with it, there was anything any, any medical 276 00:20:21.400 --> 00:20:25.720 situations that I needed to talk to him about. He also I became friends 277 00:20:25.720 --> 00:20:29.799 with his family, so we weren't doing a lot of precision driving at that 278 00:20:29.880 --> 00:20:36.519 time and going down towards Irwindale, California. Okay, and you know he 279 00:20:36.599 --> 00:20:40.279 was in Root or in that same area, you know, so I would 280 00:20:40.279 --> 00:20:42.240 see him, you know, and his family on a personal note. You 281 00:20:42.279 --> 00:20:45.079 know, his daughter had a singing career, so I would stop in. 282 00:20:45.160 --> 00:20:49.440 So you're performing, you know, just medical and personal. Okay. Yeah, 283 00:20:49.480 --> 00:20:52.160 well you said you didn't see him anymore. Is that because you don't 284 00:20:52.200 --> 00:20:56.119 go to California much anymore? Yeah, I got divorced and I don't keep 285 00:20:56.160 --> 00:21:00.519 a residence out there. Okay. You know, while I was rushing full 286 00:21:00.599 --> 00:21:03.519 time, I would you know, California was the West Coast, was a 287 00:21:03.640 --> 00:21:07.039 hotbed so to speak, Well not a hotbed, dude, but it was 288 00:21:07.079 --> 00:21:18.200 a place where Yeah, but it was a place where we could visit once 289 00:21:18.200 --> 00:21:22.400 in a while. So whenever I wrestled in California, he was the commissioned 290 00:21:22.400 --> 00:21:26.119 doctor that worked the West Coast. Okay, you two didn't have any kind 291 00:21:26.119 --> 00:21:29.839 of falling out, No, no, no, you weren't upset with his 292 00:21:29.920 --> 00:21:33.079 care or anything. It was just one of those things circumstance. All right, 293 00:21:33.160 --> 00:21:37.119 let me I'm going to mark as exhibit one mister Blair record from his 294 00:21:37.240 --> 00:21:41.880 doctor Runger's office, and I've got a copy for your attorneys Exhibit one mark 295 00:21:41.920 --> 00:21:45.240 for identification. Are you asking him with questions about this record? Yes, 296 00:21:45.359 --> 00:21:48.400 I'm fixing my microphone. I want you to read it first before he asks 297 00:21:48.440 --> 00:21:52.960 you. My questions are pretty limited to that first paragraph. You can read 298 00:21:52.960 --> 00:21:55.720 the whole thing if you want to. Mark. This is number seventeen. 299 00:21:56.359 --> 00:22:00.640 Now mark this is number one. It's marked. Okay, first off, 300 00:22:00.680 --> 00:22:06.640 Okay, Look, it looks like he came to your home in bel Air, 301 00:22:06.720 --> 00:22:08.559 Florida. Is that right? Yes, sir? Okay, And you 302 00:22:08.680 --> 00:22:11.559 report it to him that you or let me ask you this. Did you 303 00:22:11.599 --> 00:22:17.759 report to him at that point that you had extensive dj D and lumbar stenosis 304 00:22:17.759 --> 00:22:22.000 extending from c spine down to your coccyx or do you know whether he got 305 00:22:22.000 --> 00:22:23.799 that from another medical record or some other source, or did you tell him 306 00:22:23.799 --> 00:22:27.279 that? Yeah, I didn't tell him, so I have no idea if 307 00:22:27.319 --> 00:22:32.279 he got it or if he got it from another medical source. Okay, 308 00:22:32.359 --> 00:22:36.519 and then he goes on that you have been evaluated by multiple specialists, including 309 00:22:36.519 --> 00:22:40.519 spine docks who specialize in laser surgery. Again, is that something you would 310 00:22:40.519 --> 00:22:42.799 have told him or would he have obtained that information or do you know, 311 00:22:44.440 --> 00:22:49.319 um, you know the only laser spine docks that he probably would have no, 312 00:22:49.319 --> 00:22:52.880 no, no, known for me would have been laser spine Okay. 313 00:22:53.200 --> 00:22:56.640 Yeah, I don't know where you got the other information you're talking about. 314 00:22:56.960 --> 00:23:00.640 You know there were there were several doctors, Okay. Then it goes on 315 00:23:00.759 --> 00:23:04.640 and one from Montreal who performed his surgery. I think that's surgery six weeks 316 00:23:04.640 --> 00:23:07.359 ago. Who is that physician? Do you know who he's talking about there? 317 00:23:08.000 --> 00:23:11.960 Breski? Okay, so that's not somebody different, No, that would 318 00:23:11.960 --> 00:23:15.480 be some lady laser spine okay. And then further down in the note, 319 00:23:15.480 --> 00:23:18.680 he well, he writes this, he described for me, and I assume 320 00:23:18.680 --> 00:23:22.480 he's speaking about you. He described from me several injuries which he has suffered 321 00:23:22.519 --> 00:23:27.920 from recently, including a dislocated right hip at the hands of Ric Flair while 322 00:23:27.920 --> 00:23:33.759 wrestling in Australia three months ago. Do you recall telling him generally about your 323 00:23:33.799 --> 00:23:37.039 wrestling Ric Flair in Australia back in two thousand and ten. No, I 324 00:23:37.039 --> 00:23:41.119 don't remember telling him about wrestling, Rick, did you wrestle Ric Flair in 325 00:23:41.160 --> 00:23:45.680 Australia in two thousand and ten? Yes? I did. Well, remember 326 00:23:45.720 --> 00:23:48.200 the question is in two thousand and ten? Ten? Did you wrestle Ric 327 00:23:48.240 --> 00:23:52.000 Flair in Australia in two thousand and ten? Well, I'm not sure if 328 00:23:52.000 --> 00:24:04.400 it's two ten? Okay, yeah, but there was an Australia Yeah, 329 00:24:04.400 --> 00:24:07.279 but there was an Australian tour. I was wrestled, all right. I 330 00:24:07.319 --> 00:24:12.119 think you'll find the Australia tour was oh nine. He described for me several 331 00:24:12.160 --> 00:24:17.640 injuries, including a dislocated right hip. What other injuries do you recall describing 332 00:24:17.680 --> 00:24:19.079 for him? Or if you don't recall, what other injuries do you recall 333 00:24:19.119 --> 00:24:22.519 receiving at the hands of Ric Flair while you wrestled in Australia. I don't 334 00:24:22.519 --> 00:24:26.400 recall. We'll read the question again to you. I'm sorry. Sure if 335 00:24:26.440 --> 00:24:30.519 you read this sentence, it says he described for me several injuries which he 336 00:24:30.559 --> 00:24:33.160 has suffered recently, including a dislocated right hip at the hands of Ric Flair. 337 00:24:33.640 --> 00:24:37.160 Let me ask you this do you remember suffering a dislocated right hip at 338 00:24:37.160 --> 00:24:40.920 the hands of Ric Flair while wrestling in Australia. Well, I remember hurting 339 00:24:40.960 --> 00:24:44.200 my right hip. Okay, are you saying it was not dislocated or it 340 00:24:44.240 --> 00:24:47.440 could have been dislocated? You just can't remember. Well, I don't know. 341 00:24:47.799 --> 00:24:51.319 I was in the ring with Rick and it wasn't the standard good equipment 342 00:24:51.359 --> 00:24:55.599 like the WWE has. Uh, there's there's a company in America called the 343 00:24:55.759 --> 00:25:04.920 w you know. I like, so there's a company in America called the 344 00:25:06.119 --> 00:25:08.839 WWE, and they've got standard of you know, good ring equipment. They 345 00:25:08.880 --> 00:25:12.880 were This tour was in Australia and I have no idea where those rings came 346 00:25:12.920 --> 00:25:18.799 from. But every different night he was a boxing ring or like an old 347 00:25:18.000 --> 00:25:22.599 ring. I remember walking to the ring with Rick Flair. Instead of the 348 00:25:22.640 --> 00:25:25.839 boards being in place, there was like no board. There was a hole 349 00:25:26.359 --> 00:25:30.440 and I stepped in the hole and I felt my leg going pop and pop 350 00:25:30.519 --> 00:25:33.559 out. Okay, you know it was like a thump. You know. 351 00:25:33.559 --> 00:25:37.640 If I told him it was dislocated, I don't remember, but whatever it 352 00:25:37.839 --> 00:25:48.880 was, it felt like a clunk and it clunked back. Continue. Oh, 353 00:25:49.680 --> 00:25:52.599 well, you know, so I mean, you know, Rick Flair 354 00:25:52.640 --> 00:25:55.640 didn't hurt me. It was actually, you know, walking to the ring, 355 00:25:55.680 --> 00:25:59.079 but it was during the match. Do you remember what other injuries you 356 00:25:59.119 --> 00:26:00.640 sustained during those matches in Australia? I mean, if you look at his 357 00:26:00.720 --> 00:26:03.599 record, he says several injuries. Do you have any idea what he's talking 358 00:26:03.640 --> 00:26:07.279 about? No, I don't have a clue, okay to you. And 359 00:26:07.319 --> 00:26:08.680 again, what I'm really getting at is and if you don't remember, that's 360 00:26:08.720 --> 00:26:11.359 completely fine, as your lawyers have told you, you can answer yes or 361 00:26:11.400 --> 00:26:15.920 no or I don't know to any question. Yes, do you remember receiving 362 00:26:15.960 --> 00:26:18.759 any injuries during that tour other than this injured hip? Or are you telling 363 00:26:18.799 --> 00:26:22.839 me I didn't suffer any other injuries? I don't know why that note is 364 00:26:22.880 --> 00:26:26.400 in there. Do you understand, Yeah, I understand. I'm just trying 365 00:26:26.400 --> 00:26:29.759 to explain it to you. You know, I wasn't injured in any other 366 00:26:29.799 --> 00:26:33.039 way during the tour other than that, you know. And on top of 367 00:26:33.079 --> 00:26:36.359 that, you have to understand, whatever his name is, doctor Hunger is 368 00:26:36.400 --> 00:26:38.960 a wrestling fan. So when you, for instance, when you take a 369 00:26:40.079 --> 00:26:51.759 Razor brother, so you know, for instance, you know, when you 370 00:26:51.799 --> 00:26:56.000 take a razorblade and cut your head with a razorblade, which is standard protocol, 371 00:26:56.359 --> 00:26:59.960 like lacing your boots up. He thinks that's an injury because he doesn't 372 00:27:00.200 --> 00:27:07.559 No, okay, he he doesn't understand you. He's a fan's not he 373 00:27:07.599 --> 00:27:11.599 doesn't know the insigns of the business I got you. So if he sees 374 00:27:11.640 --> 00:27:15.640 a razor blade mark on your head from six weeks ago, he says, 375 00:27:15.839 --> 00:27:18.759 oh my gosh, you know where'd you get that injury? Brother? That's 376 00:27:18.759 --> 00:27:21.680 an injury. Yeah, yeah, And every night I was with Flair, 377 00:27:21.799 --> 00:27:25.400 you know, we we were bleeding every night. Okay, so that could 378 00:27:25.400 --> 00:27:27.400 be a possibility. You know, I don't know if he thinks that's an 379 00:27:27.400 --> 00:27:32.000 injury. So when he writes in here, he meaning Ballea Terry described for 380 00:27:32.079 --> 00:27:34.519 me several injuries. You don't think you describe for him several injuries as best 381 00:27:34.519 --> 00:27:38.200 as you can recall sitting here today. No, I don't remember ever whining 382 00:27:38.240 --> 00:27:41.680 complained to him about anything. Okay, do you remember this visit back in 383 00:27:41.759 --> 00:27:45.720 July of twenty ten when you were at your home and he came to see 384 00:27:45.759 --> 00:27:48.039 you. I mean, I know it's four years ago. No, I 385 00:27:48.119 --> 00:27:51.519 don't you know. I mean he speaks at a lot of different conferences, 386 00:27:51.720 --> 00:27:53.240 and one of the places he speaks at a lot, he's in Orlando, 387 00:27:53.599 --> 00:27:56.400 so he's dropped by the house a couple of times. You're the old house. 388 00:27:56.440 --> 00:28:00.359 So I don't remember that visit. Okay, that was kind of my 389 00:28:00.440 --> 00:28:03.240 next question. It wouldn't be a situation where you would call him and say, 390 00:28:03.240 --> 00:28:04.480 hey, I need to see you. No, no, okay, 391 00:28:04.759 --> 00:28:07.759 he you know, even when I was in California, up in Westlake, 392 00:28:08.119 --> 00:28:12.200 every once in a while he would speak in that area and he'd dropped by 393 00:28:12.240 --> 00:28:17.160 the whole family. So the only time he ever came to my house was 394 00:28:17.240 --> 00:28:21.160 kind of like if he was in the area. So anything medical I would 395 00:28:21.200 --> 00:28:25.960 go to him or seem at the arenas usually because he was the commission doctor 396 00:28:26.640 --> 00:28:29.400 down at the very bottom. Mister BALAA, there's a it's called a plan, 397 00:28:29.519 --> 00:28:30.440 but it's got a P and then a one, two, three, 398 00:28:30.559 --> 00:28:34.000 four four is we'll plan to meet with him again in three weeks when he 399 00:28:34.000 --> 00:28:37.559 comes to LA for some meetings. Do you remember whether you saw doctor Unger 400 00:28:37.599 --> 00:28:41.599 again three weeks later when you were in LA for some meetings. No, 401 00:28:41.759 --> 00:28:45.480 I don't remember. Was the Australia tour? Was that that was not strike? 402 00:28:45.559 --> 00:28:48.839 That was the Australia tour set up by you or set up by TNA 403 00:28:48.039 --> 00:28:52.599 or some kind of conjunction between you and TNA. No, just yourself? 404 00:28:52.839 --> 00:28:57.279 No, who set it up? Well, guy named Eric Bischoff, did 405 00:28:57.279 --> 00:29:00.960 you have any role at all in planning the tour or coming up with the 406 00:29:00.000 --> 00:29:03.519 idea or recruiting you know, Rick Flair and Brutus Beefcake and Brian Nobbs and 407 00:29:03.559 --> 00:29:07.759 the other folks who went on the tour Were you involved in recruiting those folks 408 00:29:07.799 --> 00:29:10.279 or was it all mister Bischoff? Well, I'm sure I made some phone 409 00:29:10.279 --> 00:29:12.720 calls for the talent. You had a better rapport with the talent than Eric 410 00:29:12.759 --> 00:29:17.880 did, so on that level I don't recall, but I'm sure I probably 411 00:29:18.000 --> 00:29:21.720 did. Those guys are personal friends of mine. Your lawyer jumped in and 412 00:29:21.720 --> 00:29:23.839 said, the Australia tour was two thousand and nine. Is that your recollection 413 00:29:23.839 --> 00:29:26.279 as well? And to the best of my recollection? Yes, I mean 414 00:29:26.319 --> 00:29:30.599 the reason I asked twenty ten is you can see mister Unger. Doctor Unger 415 00:29:30.720 --> 00:29:33.079 saw you in July of twenty ten, and then you apparently told him or 416 00:29:33.160 --> 00:29:37.240 noted that you were in Australia three months ago. Is it possible you went 417 00:29:37.240 --> 00:29:40.400 back to Australia in two thousand and ten or well, do you think that's 418 00:29:40.400 --> 00:29:42.519 just incorrect that there was only one Australia tour in two thousand and nine and 419 00:29:42.559 --> 00:29:45.680 there was no Australia tour in two thousand and ten. Well, there was 420 00:29:45.720 --> 00:29:49.200 only one tour, you know, we only went once. Did you wrestle 421 00:29:49.200 --> 00:29:52.079 in Australia in two thousand and ten? Do you think, well, whatever 422 00:29:52.160 --> 00:29:56.160 year was, the tour went for four days. I wrestled. That was 423 00:29:56.200 --> 00:30:00.000 the only time. Yes, okay, And I think you were in Sydney, 424 00:30:00.119 --> 00:30:02.440 in Brisbane in a couple of other places. Yeah. Yeah. Did 425 00:30:02.480 --> 00:30:04.799 you wrestle anyone else other than Flair during that tour? No? So back 426 00:30:04.799 --> 00:30:07.079 to back to this, how did this idea to do a tour in two 427 00:30:07.079 --> 00:30:10.279 thousand and nine? Get? How did it Hatch who came up with the 428 00:30:10.319 --> 00:30:12.920 idea? And that's my recollection. Eric. Do you know approximately when the 429 00:30:12.920 --> 00:30:17.079 first he first approached you with the idea of going to Australia and doing a 430 00:30:17.119 --> 00:30:19.160 tour? No, I don't. Do you think it was as far back 431 00:30:19.160 --> 00:30:22.519 as two thousand and eight? Or do you think this sort of the discussion 432 00:30:22.559 --> 00:30:26.119 started two thousand and nine. Gosh, it's possible, you know, two 433 00:30:26.160 --> 00:30:30.759 thousand and eight is a possibility, I think if I'm looking at the documents 434 00:30:30.839 --> 00:30:33.480 right, and we'll talk about some of these specifically. But does the name 435 00:30:33.559 --> 00:30:37.599 Condon CO O N D O N Sport and Entertainment. Does that mean anything 436 00:30:37.640 --> 00:30:41.839 to you? Condon? Well, I think I think the promoter's name is 437 00:30:41.880 --> 00:30:45.480 Michael Condon. It might not be. It might not be his last name, 438 00:30:45.519 --> 00:30:48.240 but I think it was Condon. It would make sense that's his company. 439 00:30:48.319 --> 00:30:53.680 But I know the guy's first name, um was Michael, and I 440 00:30:53.759 --> 00:30:57.039 heard his last a couple of times. But you know, it sounds familiar, 441 00:30:57.240 --> 00:31:00.759 all right. Do you know whether Michael approached Eric about this possible tour 442 00:31:00.920 --> 00:31:03.920 or whether Eric approached Michael, or do you have any knowledge about all of 443 00:31:03.920 --> 00:31:07.920 that? I'm not sure, Okay, But your testimony here for the jury 444 00:31:07.000 --> 00:31:11.000 is that it was not initially your idea to make an Australia tour. No. 445 00:31:11.200 --> 00:31:14.119 No, do you recall whether you had to be examined or consult with 446 00:31:14.200 --> 00:31:17.000 any physician in Australia while you were on the tour in twenty and ten. 447 00:31:17.279 --> 00:31:19.119 No, I don't recall that two thousand and nine. Excuse me, No, 448 00:31:19.240 --> 00:31:22.359 I don't recall. Okay, do you recall whether you spoke to any 449 00:31:22.400 --> 00:31:26.559 of And when I say doctors at LSI, can you and I just agree 450 00:31:26.599 --> 00:31:30.680 that I'm talking about doctor Preski, doctor Gruber, doctor Scott and doctor Saint 451 00:31:30.799 --> 00:31:36.000 Louis. Do you know those four gentlemen? Yes? Okay. When I 452 00:31:36.039 --> 00:31:38.720 say the doctors at LSI, that's who I'm referring to, just kind of 453 00:31:38.799 --> 00:31:42.119 rather than ask individually. Will go through this a little bit quicker if I 454 00:31:42.119 --> 00:31:47.160 say the physicians at LSI, the doctors at LSI, do you remember talking 455 00:31:47.160 --> 00:31:48.440 to any of them and asking them whether they would permit you to go to 456 00:31:48.480 --> 00:31:53.039 Australia? Meaning was that against your restrictions, your postoperative instructions, or whether 457 00:31:53.079 --> 00:31:56.119 they felt that was something you could do. Did you have any discussion with 458 00:31:56.160 --> 00:31:59.319 them? Oh? Yes, I did. You know. I don't recall 459 00:31:59.359 --> 00:32:02.400 exactly of the doctor's words, you know, but it wouldn't have been doctor 460 00:32:02.440 --> 00:32:07.480 Barewski because I didn't meet him until after the third back surgery. But I 461 00:32:07.519 --> 00:32:10.200 did talk to them, okay, And do you remember what kind of conversations 462 00:32:10.200 --> 00:32:14.960 you had with the other physicians, either Scott or Saint Louis or Gruber about 463 00:32:15.000 --> 00:32:17.759 your Australia tour. Yeah, I remember being worried because the Australia tour was 464 00:32:17.799 --> 00:32:22.480 booked and all of a sudden my back was went out on me again and 465 00:32:22.519 --> 00:32:24.839 I got to the point where I couldn't function, and I had another laser 466 00:32:24.960 --> 00:32:30.799 spine procedure done. And the Australia tour was a couple of weeks after that, 467 00:32:31.079 --> 00:32:34.759 and I didn't know if I was going to have to cancel it or 468 00:32:34.799 --> 00:32:37.359 not, but they said I would be fine as long as I just took 469 00:32:37.359 --> 00:32:40.240 it easy and then do anything crazy that would I would you know that I 470 00:32:40.240 --> 00:32:44.519 would be completely fine going over there. And when you say they told you 471 00:32:44.559 --> 00:32:46.599 don't do anything crazy, what did that mean? Is that your words or 472 00:32:46.640 --> 00:32:50.000 is that their words? No, it is their words, you know. 473 00:32:50.240 --> 00:32:52.279 And I explained to them the standard Hulk Hogan match, you know, I 474 00:32:52.319 --> 00:32:57.039 mean, it's not wrestling anyway, it's entertainment, you know, So wrestling 475 00:32:57.160 --> 00:32:59.920 is you know, wrestling is college wrestling or amateur wrestling or this is an 476 00:33:00.039 --> 00:33:02.839 entertainment. And so they said, you know, don't do any supplexes or 477 00:33:02.960 --> 00:33:07.640 high falls or anything that would put your back in jeopardy. They just said, 478 00:33:07.640 --> 00:33:09.279 take it easy, you know, And I said, basically, I 479 00:33:09.279 --> 00:33:13.400 said, the whole Coogan match involves ripping the shirt, doing the ear, 480 00:33:13.559 --> 00:33:15.720 a couple of punches, you know, going down to the mat and crawling 481 00:33:15.759 --> 00:33:19.799 around and acting like I'm hurt, you know, and then the Superman hulk 482 00:33:19.880 --> 00:33:22.920 up, you know, three three big punches and a foot to the face. 483 00:33:22.160 --> 00:33:25.200 And they said that's easy, you know. They didn't say it's easy. 484 00:33:25.440 --> 00:33:29.680 They said that's fine. As long as you don't do it in crazy 485 00:33:29.720 --> 00:33:31.400 in there, you should be okay. And would you have been willing to 486 00:33:31.440 --> 00:33:35.519 cancel the Australia tour if they had told you, you know, your back 487 00:33:35.599 --> 00:33:37.599 is so bad you can't fly to Australia, or you shouldn't even be doing 488 00:33:37.640 --> 00:33:43.119 the ear jumping around, you really need bed rest. Were you prepared to 489 00:33:43.160 --> 00:33:45.880 cancel the tour? Well? And if they had said that, you know 490 00:33:45.279 --> 00:33:49.400 that you're risking your health, you know. And we just did a surgery 491 00:33:49.400 --> 00:33:52.559 a couple of weeks ago. And if they had said you can't go, 492 00:33:52.799 --> 00:33:55.119 I wouldn't have win. Would you have suffered? What would have happened to 493 00:33:55.160 --> 00:33:58.440 you financially? If you had canceled the tour. Was there any type of 494 00:33:58.480 --> 00:34:00.240 penalty clause in your contract where you would have had to pay some kind of 495 00:34:00.480 --> 00:34:04.039 damages to the promoter if you would cancel the tour? If you know, 496 00:34:05.039 --> 00:34:07.960 I don't recall what was in the contract, but usually there is an outclause 497 00:34:08.039 --> 00:34:10.880 and you know, act of God or accident, or reschedule the tour. 498 00:34:12.159 --> 00:34:15.880 I mean, you know, I know Brittany Spears was there and she canceled 499 00:34:15.880 --> 00:34:17.800 a bunch of dates and came back. You know, she was a day 500 00:34:17.840 --> 00:34:21.239 ahead of me everywhere. You know, she canceled a bunch of dates because 501 00:34:21.280 --> 00:34:24.519 she was sick and came back. So I'm sure there had to be something 502 00:34:24.519 --> 00:34:28.840 in the contract. I don't remember it, but usually there's an outclause. 503 00:34:28.880 --> 00:34:30.159 You know, if there's an act of God or you're hurt, you can 504 00:34:30.199 --> 00:34:34.559 reschedule. Okay. Do you remember generally how much you were paid for that 505 00:34:34.599 --> 00:34:37.599 tour? No? I don't. You can't even estimate a ballpark for us. 506 00:34:37.840 --> 00:34:42.000 The only espiant I can tell you is I got paid half of what 507 00:34:42.039 --> 00:34:47.760 I was supposed to be paid. I think from looking through some of the 508 00:34:47.880 --> 00:34:52.519 documents that some group that was supposed to pay you went bankrupt and there was 509 00:34:52.599 --> 00:34:54.800 some Scott Hervey got involved in that. Is that sort of your recollection? 510 00:34:55.159 --> 00:34:58.480 Well, I mean Eric set the deal up, you know, and he 511 00:34:58.559 --> 00:35:00.239 explained to me that all the money was an escrow. You know, I 512 00:35:00.280 --> 00:35:04.760 assumed here, you know, from when I understand you know, half the 513 00:35:04.760 --> 00:35:07.840 money was an escrow over there, you know when we left, you know, 514 00:35:07.360 --> 00:35:10.119 Eric seemed to be friends with whoever the promoter was, you know, 515 00:35:10.199 --> 00:35:14.400 Mike, and when he came back here, the money was never sent from 516 00:35:14.480 --> 00:35:16.840 escrow. The money stayed there while you came back. Yeah, the money 517 00:35:16.840 --> 00:35:21.239 stayed there is you know. Scott Hervey, you know, hired lawyers and 518 00:35:21.320 --> 00:35:23.719 fought it and fought and finally we settled. When you got back from Australia, 519 00:35:23.760 --> 00:35:27.639 were you in the same sort of condition from a spine perspective as you 520 00:35:27.639 --> 00:35:30.239 were when you left for Australia? Wasn't any better? Wasn't any worse? 521 00:35:30.599 --> 00:35:34.159 No, you know, it seemed to me that the same protocols as all 522 00:35:34.199 --> 00:35:37.440 the other surgeries. You know, it seemed to be amazing at first, 523 00:35:37.480 --> 00:35:40.800 and then as time went on, things would start to happen, and sometimes 524 00:35:40.840 --> 00:35:44.960 it would be a couple of weeks before I would notice it. Other times 525 00:35:44.960 --> 00:35:47.199 it would be specific where you know, it would last a little longer. 526 00:35:47.719 --> 00:35:52.239 Doctor Kruber would the additional medicine in my back and it would last. But 527 00:35:52.280 --> 00:35:55.880 it was usually pretty much, you know, there was a pattern, you 528 00:35:55.880 --> 00:36:00.159 know, after the surgery the first two days I felt great, and sometimes 529 00:36:00.159 --> 00:36:04.440 a week after, you know, we could feel a little tingle, or 530 00:36:04.639 --> 00:36:07.360 when i'd sit, i'd feel a little burn, you know. Then there 531 00:36:07.360 --> 00:36:10.039 were that that was the first thing I'd feel. Yeah, but when you 532 00:36:10.039 --> 00:36:14.239 know, it kind of changed time, Laise, from a couple of weeks, 533 00:36:14.360 --> 00:36:17.119 maybe a month or so before I started getting in troll again, you 534 00:36:17.159 --> 00:36:20.599 know, but when I came back from Australia, it felt just about the 535 00:36:20.639 --> 00:36:22.559 same, you know, Yeah, as it did as it always did. 536 00:36:23.039 --> 00:36:25.400 Did you fly direct there? It seems like a dumb question, but it's 537 00:36:25.400 --> 00:36:29.079 a long flight. Did you fly director? Did you connect to any airports? 538 00:36:29.320 --> 00:36:31.400 Yeah? I don't remember all right. I think your contract called for 539 00:36:31.440 --> 00:36:34.679 you to get a first class seat or a business class seat. You know, 540 00:36:34.760 --> 00:36:37.320 remember sitting in coach for that flight? Do you No? I wasn't 541 00:36:37.360 --> 00:36:40.960 in coach. There was some testimony from some of your clients, our clients 542 00:36:40.960 --> 00:36:44.920 about the visit that you took to their office before you went to Australia and 543 00:36:44.960 --> 00:36:46.800 you were given a prescription for a back brace. Do you remember being given 544 00:36:47.079 --> 00:36:51.159 not the standard back brace that you received at LSI, but a prescription for 545 00:36:51.239 --> 00:36:53.199 a different kind of brace because you were going to be taking this long flight 546 00:36:53.199 --> 00:36:55.519 to Australia. Does that Do you have that in your memory at all? 547 00:36:57.239 --> 00:37:00.800 I remember having two braces, okay, from Laser Spine Laser Spine, the 548 00:37:01.199 --> 00:37:05.159 same brace. Did you take one to Australia with you? Do you remember? 549 00:37:05.360 --> 00:37:07.199 I don't recall, Okay, you're not saying you did or didn't. 550 00:37:07.199 --> 00:37:09.599 You may have. You may have worn one on the flight over. You 551 00:37:09.599 --> 00:37:15.159 just don't remember. I just don't recall who did you fly over there with? 552 00:37:15.239 --> 00:37:17.039 With Jennifer with you? Yes? Okay? And then was Eric with 553 00:37:17.079 --> 00:37:20.320 you? Or did he go separate? I don't remember. Do you remember 554 00:37:20.320 --> 00:37:22.159 anyone else going with you in Jennifer? No, I don't, okay. 555 00:37:22.480 --> 00:37:25.679 All the rest of us live in different places, so I don't remember where 556 00:37:25.679 --> 00:37:29.679 they flew in from. When you say that you received two or you remember 557 00:37:29.679 --> 00:37:31.679 two braces from LSI, do you remember whether you had to actually go to 558 00:37:31.719 --> 00:37:36.119 a medical product or device store or company or a pharmacy to get a brace 559 00:37:36.119 --> 00:37:37.840 as supposed to just being given one at the LSI offices. No, I 560 00:37:37.840 --> 00:37:44.320 don't recall. Okay, yeah, I don't recall going anywhere with LSI. 561 00:37:44.719 --> 00:37:47.079 I don't remember them they were telling me to go anywhere to pick up equipment. 562 00:37:47.119 --> 00:37:50.920 Okay, if I did, I don't remember that. And are you 563 00:37:51.000 --> 00:37:52.880 well? Have you have you read the depositions of any of our clients, 564 00:37:52.880 --> 00:37:55.960 either doctor Gruber or doctor Scott, doctor Bretzky, doctor St. Louis, 565 00:37:57.039 --> 00:38:00.760 or look at their videos? No, have you read any summaries their depositions 566 00:38:00.760 --> 00:38:02.719 at all? Nope? When you would go to these visits, I have 567 00:38:02.760 --> 00:38:06.400 referenced to visit that we talked about with one of your lawyers with I think 568 00:38:06.400 --> 00:38:08.519 it was doctor Saint Louis. We talked about this visit in two thousand and 569 00:38:08.599 --> 00:38:13.039 nine where there was a discussion of a back brace. Was it your practice 570 00:38:13.360 --> 00:38:15.639 to tell the doctors at LSI exactly what was going on with you and to 571 00:38:15.679 --> 00:38:20.000 be honest and truthful and as accurate as you could when you were reporting your 572 00:38:20.000 --> 00:38:29.159 medical condition to those doctors? Repeat the question. I'm sorry, sure I 573 00:38:29.199 --> 00:38:31.840 didn't understand you, when you would go to see the doctors at Laser Spine 574 00:38:31.840 --> 00:38:36.320 Institute, would you tell them as honestly as you could, as truthfully as 575 00:38:36.360 --> 00:38:38.320 you could, as accurately as you could, what your medical condition was, 576 00:38:38.400 --> 00:38:42.440 what your pain complaints were, what your symptoms were, things like that. 577 00:38:42.800 --> 00:38:46.199 Were you being honest with them? Yes? All right? Talking about this 578 00:38:46.239 --> 00:38:50.039 backbrace? If the record shows that there was a discussion with you about a 579 00:38:50.039 --> 00:38:53.280 back brace that they prescribed for you for this long flight to Australia to help 580 00:38:53.320 --> 00:38:55.719 support your back when you went to Australia, I mean, are you telling 581 00:38:55.800 --> 00:39:00.400 us that that didn't happen or are you just saying I just don't remember talking 582 00:39:00.440 --> 00:39:02.000 about it. It's been four or five years. I just don't have any 583 00:39:02.039 --> 00:39:06.519 memory of that. What question are you asking me to Well, it's two 584 00:39:06.599 --> 00:39:09.159 questions in one. What I'm trying to know is are you saying that conversation 585 00:39:09.239 --> 00:39:12.440 didn't happen. Well, if you've got a record, you need to show 586 00:39:12.440 --> 00:39:15.360 it to him. No, I don't. If your questions are referring to 587 00:39:15.400 --> 00:39:17.039 some record, you need to show it to him. No, I don't 588 00:39:17.440 --> 00:39:21.639 just tell me which conversation you're talking about. I don't need to show him 589 00:39:21.679 --> 00:39:23.199 a record. If you can object to the form, object I can ask 590 00:39:23.280 --> 00:39:25.880 him a question on cross If he doesn't remember, he just has to say 591 00:39:25.880 --> 00:39:29.719 he doesn't remember. Well, you've asked some questions that have to do with 592 00:39:29.760 --> 00:39:32.480 a record. Then you've asked other questions and have to do about conversations with 593 00:39:32.480 --> 00:39:36.239 one of his lawyers, and you've asked questions about whether he remembers. The 594 00:39:36.239 --> 00:39:37.599 whole thing is confusing. But if you have a record, if you're going 595 00:39:37.639 --> 00:39:39.880 to ask him about a record, you need to show it to him. 596 00:39:40.360 --> 00:39:44.840 No, I don't, and I object to form. The record you're referring 597 00:39:44.880 --> 00:39:47.199 to has no mention of Australia in it, as well as a backbrace given 598 00:39:47.239 --> 00:39:52.400 to him for that purpose. Mister Balaya, Yes, do you recall a 599 00:39:52.440 --> 00:39:58.760 conversation with the physicians at LSI before you went to Australia about a back brace 600 00:39:59.039 --> 00:40:00.960 and then prescribing you a back brace to support your back on your flight to 601 00:40:01.000 --> 00:40:07.719 Australia. I don't recall a conversation about a back brace, okay, And 602 00:40:07.800 --> 00:40:12.000 I don't recall them prescribing a back brace for the trip to Australia, you 603 00:40:12.079 --> 00:40:15.480 know, but I know they prescribe a back brace for me. You know, 604 00:40:15.519 --> 00:40:17.880 I end up getting two of the same back braces because the first one 605 00:40:17.960 --> 00:40:21.400 broke. And when you say, sir, that you don't recall my questions. 606 00:40:21.400 --> 00:40:23.119 Are you saying I don't recall if possibly could have taken place, I 607 00:40:23.159 --> 00:40:28.039 just don't remember because of the time, Or are you saying I don't recall 608 00:40:28.079 --> 00:40:30.480 that ever happening and it didn't happen. There's two ways you can take it. 609 00:40:30.639 --> 00:40:32.280 Yeah, I don't recall the time frame, if it was before or 610 00:40:32.360 --> 00:40:37.199 after Australia. I don't recall when the back brace was prescribed, you know, 611 00:40:37.519 --> 00:40:42.639 but I do recall them giving me a back brace or prescribing it. 612 00:40:42.920 --> 00:40:45.559 You know. I ended up following their instructions with a back brace, and 613 00:40:45.559 --> 00:40:51.039 then it broke and I had and how do you get another one? Okay? 614 00:40:51.079 --> 00:40:52.639 And in terms of whether you wore a back brace during the flight to 615 00:40:52.679 --> 00:40:58.199 Australia, is it your testimony that you might have, but you just you 616 00:40:58.239 --> 00:41:00.400 don't remember it because that was five years ago. I don't recall if I 617 00:41:00.440 --> 00:41:05.440 had a back brace when I went to Australia or not. Okay. As 618 00:41:05.440 --> 00:41:07.119 an example, sir, when you went to see doctor Breski, for those 619 00:41:07.119 --> 00:41:09.800 procedures in two thousand and ten. As we sit here today and again I 620 00:41:09.840 --> 00:41:14.159 know it's what four years later, do you have a picture in your mind's 621 00:41:14.159 --> 00:41:16.960 eye of those visits? Do you recall going to LSI and having those procedures 622 00:41:16.960 --> 00:41:22.519 done by doctor Preski. I don't remember. I don't recall all of them 623 00:41:22.559 --> 00:41:27.360 in detail, but I do remember one in detail, and then some of 624 00:41:27.400 --> 00:41:30.519 the visits after that would not so much detail. Okay, do you recall 625 00:41:30.639 --> 00:41:36.000 generally that you would have postoperative visits after your procedures with doctor Breski. You 626 00:41:36.000 --> 00:41:37.440 would come in maybe a day later or a couple days later, and be 627 00:41:37.480 --> 00:41:40.519 seen for a postop visit. Do you remember those I'm not asking you if 628 00:41:40.519 --> 00:41:45.840 you remember those visits specifically, but if you remember generally that that's what would 629 00:41:45.840 --> 00:41:47.800 happen, that you would come in for postoperative visits. I remember seeing him 630 00:41:47.800 --> 00:41:51.840 after the operations, yes, okay. Would that be the same day after 631 00:41:51.840 --> 00:41:53.599 the operation? Would that be a day or a few days afterwards or both? 632 00:41:54.159 --> 00:41:58.159 Usually it'd be a day or two after when I would go back from 633 00:41:58.159 --> 00:42:00.159 for a check up with any of the doctor. Okay, which doctor did 634 00:42:00.159 --> 00:42:06.480 you name? Barreski? Did you also an occasion see what we might call 635 00:42:06.519 --> 00:42:08.760 a para professional, a nurse practitioner, a nurse on those post operative visits. 636 00:42:08.800 --> 00:42:12.599 Do you remember that at all? I remember the day I met Brewski. 637 00:42:12.679 --> 00:42:15.440 Saint Louis had come into the room and this was, you know, 638 00:42:15.519 --> 00:42:19.079 this was after the third back surgery and told me that they couldn't do anything 639 00:42:19.079 --> 00:42:22.440 else for me. And there was a nurse that came in and Saint Louis 640 00:42:22.559 --> 00:42:25.519 was busy, he had to leave. But then when he said they couldn't 641 00:42:25.519 --> 00:42:29.679 do anything else for me, I remember nurse being there to put the band 642 00:42:29.679 --> 00:42:31.880 aids back on my back, but I don't remember. I remember that, 643 00:42:32.679 --> 00:42:37.559 yea. But then last the day I met Barreski, and I remember in 644 00:42:37.639 --> 00:42:40.800 detailed medium that day. Then after you, he was pretty much the same. 645 00:42:42.159 --> 00:42:44.760 After the operation, it would be, you know, come back a 646 00:42:44.760 --> 00:42:46.599 couple of days later, you know, the nurse would take the band aids 647 00:42:46.639 --> 00:42:50.440 off me, the doctor would come in and look at me, and Brewski 648 00:42:50.480 --> 00:42:52.360 would leave and they put the band aids on. It was pretty much the 649 00:42:52.400 --> 00:42:55.719 same protocols. Jennifer, with you that first day you met with and I 650 00:42:55.719 --> 00:42:59.119 think you've called him doctor Z. Do you went for from him? His 651 00:42:59.159 --> 00:43:02.199 Doctor Z or Doctor Rescue. Either way, it's fine. Yeah, well 652 00:43:02.199 --> 00:43:06.320 you've called him doctor Z before. That's what he told me to call him. 653 00:43:06.320 --> 00:43:08.320 Brother. Okay, it was Jennifer with you when you first met Doctor 654 00:43:08.519 --> 00:43:17.880 Z. Yes, she was. You know, we were very excited the 655 00:43:17.880 --> 00:43:22.480 first day we met him. Why is that We just got some very bad 656 00:43:22.519 --> 00:43:27.079 news from Saint Louis after the third surgery and he said he couldn't help us 657 00:43:27.119 --> 00:43:30.119 anymore. And we were leaving and ran in Doctors Z in the hallway and 658 00:43:30.159 --> 00:43:32.559 he goes, oh my gosh, Hulk Coogan. You know, he said 659 00:43:32.559 --> 00:43:35.599 a load to me. He was a fan, you know, and he 660 00:43:35.679 --> 00:43:37.960 asked me what I was doing there, and I said, well, you 661 00:43:37.960 --> 00:43:40.440 know, I'm leaving now because I've had three surgeries and they can't do anything 662 00:43:40.480 --> 00:43:43.679 for me. And he goes, whoa wait a minute, let me let 663 00:43:43.719 --> 00:43:45.280 me talk to you for a minute. So he got the films and put 664 00:43:45.280 --> 00:43:47.760 the films up and he told Jennifer and I mean, you know, they're 665 00:43:47.760 --> 00:43:52.960 on the spot, and that he had just done a priest in Montreal with 666 00:43:52.159 --> 00:43:55.480 the same situation as my back, that he could that he could fix me. 667 00:43:55.760 --> 00:44:00.719 And this was right after Saint Louis had had to mean that he couldn't 668 00:44:00.719 --> 00:44:02.960 do anything else for me. So we were all excited, you know, 669 00:44:04.000 --> 00:44:15.119 because he seemed really positive, and he looked young, and he was yo, 670 00:44:15.159 --> 00:44:17.639 and he looked young, and he was tan. You know, he 671 00:44:17.679 --> 00:44:25.159 just seemed to have a real he guess, have a real good energy about 672 00:44:25.239 --> 00:44:28.559 him. And he goes you know, he told me in Jennifer he could 673 00:44:28.599 --> 00:44:31.000 fix me when he looked at my back, and when we were all excited, 674 00:44:31.079 --> 00:44:35.159 you know, because you know, we had already been through three surgeries 675 00:44:35.199 --> 00:44:38.239 that didn't work. Do you know when that interaction with doctor Z was approximately 676 00:44:38.400 --> 00:44:40.920 No, I don't recall. Let me jump back and ask you again about 677 00:44:40.960 --> 00:44:44.559 Jeff Unger. We looked at his note a little earlier. Did you ever, 678 00:44:44.800 --> 00:44:46.960 do you recall any conversations you had with doctor Runger about the procedures you 679 00:44:47.039 --> 00:44:51.599 had at LSI. Do you remember any specifics of any conversations. No, 680 00:44:51.679 --> 00:44:54.719 I don't recall specifics. Do you recall anything doctor Runger said about the procedures 681 00:44:54.719 --> 00:44:59.360 that had been done for you at LSI? And I don't recall he never 682 00:44:59.400 --> 00:45:01.639 offered any opinions to you about what the procedures you had at LSI. I 683 00:45:01.639 --> 00:45:05.679 don't recall if he did. Let's talk about and I pronounced his name wrong, 684 00:45:05.719 --> 00:45:07.880 is it doctor Kapus? Yes, talk about him for a second. 685 00:45:07.920 --> 00:45:10.280 We've got some records from him and mine. Maybe offer give me, but 686 00:45:10.320 --> 00:45:15.400 it seems like your first visit with Capus was in August twenty ten. Do 687 00:45:15.480 --> 00:45:17.559 you ever see him before that time? Do you know? Off? And 688 00:45:17.599 --> 00:45:22.440 I recall? All right? His office is known as Clearwater Pain Management? 689 00:45:22.559 --> 00:45:24.599 Is that right? Yes? How did you get to doctor Kiphas's office? 690 00:45:24.719 --> 00:45:28.960 Meaning? Did somebody refer you? Yeah, the same the same man that 691 00:45:29.039 --> 00:45:34.519 referred me to Laser Spine Todd, Steve Chapman, Steve Okay, he referred 692 00:45:34.519 --> 00:45:39.559 me to doctor Carlfas. I still friends with Steve Chapman, Yeah, okay. 693 00:45:39.679 --> 00:45:44.320 Do you socialize with he and his family at all? Still? Occasionally? 694 00:45:44.440 --> 00:45:47.000 Yeah? Okay if they invite us down. He's got a place in 695 00:45:47.079 --> 00:45:51.320 Key West, they invite us down there to hang out with him, you 696 00:45:51.320 --> 00:45:54.360 know down there is that didn't you go down there sometime before your surgery with 697 00:45:54.760 --> 00:45:58.400 at LSI with Doctor Saint Louis? Do you recall that? Oh? I'm 698 00:45:58.440 --> 00:46:01.639 sure I did. Yeah, usually go down every year with him down there. 699 00:46:01.800 --> 00:46:05.440 When was the last There was a question did he go down to Key 700 00:46:05.440 --> 00:46:07.199 West or did he go down with doctor Saint Louis? The question was vague. 701 00:46:08.039 --> 00:46:12.320 Did you Were you ever in Key West with doctor Saint Louis at the 702 00:46:12.320 --> 00:46:15.679 invitation of mister Chapman prior to starting your surgeries at LSI, not that I 703 00:46:15.760 --> 00:46:20.639 can recall. Have you since your surgeries at LSI during the time you were 704 00:46:20.639 --> 00:46:23.360 first seen at LSI in February of two thousand and nine up until the present, 705 00:46:23.440 --> 00:46:27.400 were you ever in Key West at the invitation of Steve Chapman along with 706 00:46:27.440 --> 00:46:30.519 doctor Saint Louis? And I'm all that I can recall? All right, 707 00:46:30.840 --> 00:46:32.639 when was the last time you went to Key West at the invitation of Steve 708 00:46:32.719 --> 00:46:37.119 Chapman. You're the best of my recollection, Probably a year and a half, 709 00:46:37.199 --> 00:46:39.320 two years ago he invited. You know, He's invite us down several 710 00:46:39.400 --> 00:46:43.239 times, as recently as a couple of months ago, and I was busy, 711 00:46:43.280 --> 00:46:45.679 I couldn't go. Is mister Chapman to your knowledge, social acquaintances, 712 00:46:45.760 --> 00:46:49.880 friends with, or neighbors with any of the defendants you've sued in this case, 713 00:46:50.239 --> 00:46:52.519 Doctor Saint Louis, doctor Scott doctor c to your knowledge. To my 714 00:46:52.679 --> 00:46:57.280 knowledge, I think he's friends with Saint Louis because I lived on the street. 715 00:46:57.599 --> 00:47:00.960 Chapman lived next to me, and Saint Louis lived two houses down, 716 00:47:00.000 --> 00:47:04.280 So I think Steve knew him before I ever knew him. Do you know 717 00:47:04.320 --> 00:47:07.360 whether mister Chapman his friends, neighbors, business associates with any of the board 718 00:47:07.400 --> 00:47:12.159 of directors or any of the principles at Laser Spine Institute, like mister Basham, 719 00:47:12.199 --> 00:47:15.320 people like that. Do you know whether that's the case or not? 720 00:47:15.679 --> 00:47:17.400 Could you repeat the question? Yeah? Do you know whether he's social friends, 721 00:47:17.400 --> 00:47:21.639 acquaintances with any of the folks at Laser Spine other than the doctors we've 722 00:47:21.639 --> 00:47:24.679 talked about. Yeah, you know he's friends with Bob Basham is a good 723 00:47:24.679 --> 00:47:29.320 friend. Yeah, they own a couple of houses together. Okay, on 724 00:47:29.440 --> 00:47:31.239 the beach, mister Bella, where do you live now? Where is your 725 00:47:31.239 --> 00:47:36.320 primary residence in North Clearwater Beach? Since I'm from Atlanta and I don't know 726 00:47:36.360 --> 00:47:37.960 the area, forgive me, but I think the house you sold that you 727 00:47:38.000 --> 00:47:42.480 lived in with Nick and Linda and Brooke and was you know, part of 728 00:47:42.519 --> 00:47:45.440 the Hogan Knows Best series that was in the bell Air section, is that 729 00:47:45.519 --> 00:47:47.599 right, or the bell Air neighborhood. Well, there were two houses, 730 00:47:47.679 --> 00:47:51.280 you know, there was a beach house and then there was one in bel 731 00:47:51.320 --> 00:47:53.760 Air, Okay, And we sold both of them. And both those houses 732 00:47:53.960 --> 00:47:57.639 were used for filming for Hogan knows best, you know. And there was 733 00:47:57.679 --> 00:48:00.840 also a house in Miami that was used for filming. And so when you 734 00:48:00.880 --> 00:48:02.480 say North Clearwater Beach, is that the area that you live in? Now 735 00:48:02.519 --> 00:48:06.960 that's how you describe it. Yes, sir, there's a road called El 736 00:48:07.039 --> 00:48:09.639 Dorado. You know, once you can get on the beach. Clearwater is 737 00:48:09.679 --> 00:48:14.239 basically an island, and there's two little bridges to get there, sand Key 738 00:48:14.320 --> 00:48:16.320 and Clearwater, you know. And then when you head north, the only 739 00:48:16.400 --> 00:48:21.119 road that takes you north to the end of the island is Mandalay. But 740 00:48:21.199 --> 00:48:24.599 if you go over one street that's called El Dorado. You know, Mandali 741 00:48:24.679 --> 00:48:28.800 goes down the middle and El Dorado goes down the beach front. So I 742 00:48:28.880 --> 00:48:30.760 live the end of El Dorado. Do you live in kind of a gated 743 00:48:30.800 --> 00:48:35.119 community or anything or just no? All right? Did you build that house 744 00:48:35.199 --> 00:48:37.559 or did you buy it? No? I didn't build it. And Jennifer 745 00:48:37.599 --> 00:48:39.119 lives with you. Yes, anybody else living at the house right now? 746 00:48:39.599 --> 00:48:43.320 Okay, So Steve, does he still live over in bel Air to your 747 00:48:43.360 --> 00:48:46.000 knowledge? You know, he's split between bel Air and Nashville. You know, 748 00:48:46.079 --> 00:48:49.440 his wife and kids moved to Nashville, and he told me during the 749 00:48:49.480 --> 00:48:52.719 week he lives at the Willowdell House in bel Air. You know, he 750 00:48:52.719 --> 00:48:57.480 commutes every weekend to see his family in Nashville because he's holding down the DuPont 751 00:48:57.559 --> 00:49:00.440 Registry or whatever he's doing here. He's the same job. All right. 752 00:49:00.480 --> 00:49:04.639 Do you do you have any other homes you own in any other places other 753 00:49:04.679 --> 00:49:07.199 than the North clear Water Beach home? No? Okay? Is your daughter 754 00:49:07.280 --> 00:49:10.400 up in Nashville these days? No? She's there today? Yuh? Okay? 755 00:49:10.480 --> 00:49:14.679 Does she live in Nashville? No? Does she still live? Where 756 00:49:14.679 --> 00:49:17.760 does she live these days? Los Angeles? What about Nick? Los Angeles? 757 00:49:17.880 --> 00:49:22.320 Why did Steve Chapman refer you to doctor Kephis in August of two and 758 00:49:22.360 --> 00:49:24.840 ten? Do you remember the specifics of that? What conditions would have prompted 759 00:49:24.840 --> 00:49:29.280 you or he to suggest doctor Kephis to you? If you know, well, 760 00:49:29.480 --> 00:49:31.519 Steph and I were talking and he knew I was just still in a 761 00:49:31.559 --> 00:49:36.679 crazy amount of pain after the surgeries and laser spine, I couldn't get out 762 00:49:36.679 --> 00:49:39.360 of pain. And he said, you know that he knew the best pain 763 00:49:39.480 --> 00:49:45.239 doctor, you know, management doctor around, and he referred me to Calopus 764 00:49:45.280 --> 00:49:47.760 and his cardiologists Philips. You know, he was trying to help me out. 765 00:49:47.840 --> 00:49:52.159 And so when you said pain and you said the surgeries, I assume 766 00:49:52.199 --> 00:49:55.159 you're meaning you're back. Yes, okay, So you went to see doctor 767 00:49:55.199 --> 00:49:59.679 Kephis for an evaluation to help with your back pain sometime in two thousand and 768 00:49:59.719 --> 00:50:01.639 ten, at the suggestion of mister Chapman. Is that correct? Yes? 769 00:50:01.800 --> 00:50:06.119 And I think you stated on the record earlier mister Chapman was actually the one 770 00:50:06.119 --> 00:50:09.039 who referred you to laser spine or gave you the idea about laser spine, 771 00:50:09.119 --> 00:50:12.519 right, yes, And again, I'm trying to get through a lot of 772 00:50:12.559 --> 00:50:15.079 this sort of quickly. But when you started seeing doctor Kaphis, did you 773 00:50:15.119 --> 00:50:16.639 talk to him about the procedures you had at laser spine, you know, 774 00:50:16.719 --> 00:50:20.719 in more detail than just hey doc, I've had six back surgeries and I'm 775 00:50:20.719 --> 00:50:22.079 still in pain, can you help me? Did you actually tell him here 776 00:50:22.159 --> 00:50:24.440 was what they did for me, Here's what doctor brescue did here is what 777 00:50:24.519 --> 00:50:28.880 doctor I mean? You know, was it a general discussion or a specific 778 00:50:28.920 --> 00:50:31.000 discussion? If you remember? I brought him up to speed as best I 779 00:50:31.039 --> 00:50:36.599 could remember with the back surgeries and the epidurals and the facet and the radio 780 00:50:36.639 --> 00:50:38.039 frequencies. Yeah, I just let them know that, you know, even 781 00:50:38.079 --> 00:50:42.400 with the drugs and stuff they were giving me, I couldn't sleep, couldn't 782 00:50:42.400 --> 00:50:45.320 sit, couldn't walk, couldn't stand. It was worse than ever. Did 783 00:50:45.320 --> 00:50:47.239 you bring any of your records from Laser Spine to doctor Kaphis when you met 784 00:50:47.239 --> 00:50:52.000 with doctor Kaphis initially? I don't remember. I don't recall the first day 785 00:50:52.119 --> 00:50:54.480 bringing records in. Okay, did doctor Kephis ever have any comments, opinion 786 00:50:54.559 --> 00:50:59.159 statements to you about what the folks at Laser Spine did for you or didn't 787 00:50:59.159 --> 00:51:00.639 do for you? Did he say one way or the other? I don't 788 00:51:00.639 --> 00:51:05.639 recall. And you know you've sort of if we assume the chart is correct, 789 00:51:05.679 --> 00:51:07.280 and I know you know we're not in doctor Kapus's office, but if 790 00:51:07.280 --> 00:51:10.239 we assume that was in August two thousand and ten, visit you know, 791 00:51:10.519 --> 00:51:13.800 you just told us you came in and you could not sit, walk, 792 00:51:13.880 --> 00:51:16.199 or stand. Had your condition worsened by that time in August? Or are 793 00:51:16.199 --> 00:51:21.280 you telling us in this jury that basically anytime you had a procedure at laser 794 00:51:21.360 --> 00:51:23.480 spine it was amazing for a little while, and then it got to the 795 00:51:23.480 --> 00:51:28.400 point where you couldn't sit, walk or stand or did it really just get 796 00:51:28.440 --> 00:51:30.599 really bad in August of two thousand and ten and that's when you needed pain 797 00:51:30.679 --> 00:51:34.880 management? Yeah, it got you know, it was the same protocol every 798 00:51:34.880 --> 00:51:37.960 time. Uh yeah, it's good for a while. Then there was a 799 00:51:37.000 --> 00:51:39.840 few little tweaks and things that hurt, you know, and then it got 800 00:51:39.840 --> 00:51:44.159 bad. And it seems like after every procedure it got more intense, you 801 00:51:44.199 --> 00:51:47.840 know, and the getting bad part got more intense, to the point where 802 00:51:47.880 --> 00:51:52.920 I want to see I want to see Kival every even to late get up 803 00:51:52.920 --> 00:51:57.239 and lay face down on a table, I'll just be screaming. And I 804 00:51:57.280 --> 00:51:59.880 couldn't even lay down. I'm a stomach for him to look at my back, 805 00:52:00.320 --> 00:52:01.119 you know. He got to the point where, you know, if 806 00:52:01.159 --> 00:52:05.880 I was to even move my wrist over it would make my back hurt. 807 00:52:06.159 --> 00:52:08.599 So it got it was the same. It was fine at first, then 808 00:52:08.639 --> 00:52:13.199 it got a few tweeks. Then it got worse. Every time after the 809 00:52:13.239 --> 00:52:15.519 surgery, the worst part got more intense, to the point where it was 810 00:52:15.599 --> 00:52:19.800 unbearable. You know, when I want to see Caliph and I told him 811 00:52:19.840 --> 00:52:22.280 I'd rather be dead than go through this. Did anything happen to you around 812 00:52:22.280 --> 00:52:25.679 that time July August of twenty ten that you would call that maybe triggered something 813 00:52:25.679 --> 00:52:29.840 to put you in a condition where you couldn't even lay down for him and 814 00:52:34.119 --> 00:52:38.800 let him look at your back without you screaming. You know. The only 815 00:52:38.800 --> 00:52:44.280 thing that happened were the last three surgeries by Burrescue, Okay, And it 816 00:52:44.360 --> 00:52:46.519 seemed like it seemed like every time I'd go into surgery with Burrescue, I 817 00:52:46.559 --> 00:52:51.039 was in more pain that I met in the time before going into surgery. 818 00:52:51.360 --> 00:52:53.440 It was kind of like it was almost like, I don't I don't know 819 00:52:53.519 --> 00:52:58.000 the time frame, but I almost felt like my body wasn't recovered before I 820 00:52:58.039 --> 00:53:00.840 was getting cut on again. Okay. It was just a weird feeling that 821 00:53:00.960 --> 00:53:05.320 I couldn't get back, you know, back up to snuff or back on 822 00:53:05.480 --> 00:53:07.760 my feet or back to ground zero. Dude, it kept getting worse, 823 00:53:08.079 --> 00:53:10.199 you know, mister Balat I'm going to do this a lot because that's just 824 00:53:10.199 --> 00:53:13.559 how my brain works. And I forgot to ask a question that I wanted 825 00:53:13.559 --> 00:53:15.599 to ask you. How long were you in Australia for that tour? Approximately? 826 00:53:15.719 --> 00:53:17.199 Was it a couple of weeks? Was it a month? Do you 827 00:53:17.239 --> 00:53:21.679 remember? No? I think I think we wrestled four days, maybe five 828 00:53:21.800 --> 00:53:24.440 days, And I know he came in early for a press conference and the 829 00:53:24.519 --> 00:53:29.480 day after we left, so uh, you know, so I was definitely 830 00:53:29.519 --> 00:53:31.840 not there more than a week. Okay. So now it's August of two 831 00:53:31.840 --> 00:53:35.519 thousand and ten. You're in doctor Kaphus's office, and I know from looking 832 00:53:35.519 --> 00:53:38.320 at the records that he gave you some injections as well. Isn't that true? 833 00:53:38.440 --> 00:53:43.000 Is that what you remember? Yeah? I don't remember on August twenty 834 00:53:43.159 --> 00:53:45.440 and ten, but over the time I worked with him, he injected my 835 00:53:45.519 --> 00:53:49.239 back several times. Okay, And just so we get a timeline that will 836 00:53:49.280 --> 00:53:52.440 help this jury kind of understand because you've got an extensive medical history. But 837 00:53:52.480 --> 00:53:54.639 August is when you start seeing doctor Kaphus you already told us, and then 838 00:53:54.679 --> 00:54:00.639 December is when you have the fusion surgery two ten. Does that seem right 839 00:54:00.639 --> 00:54:02.840 to you the timeframe. You know there was another surgery in between. I'm 840 00:54:02.840 --> 00:54:07.719 a little confused on the timelines. There was a surgery in between, a 841 00:54:07.840 --> 00:54:12.960 spinal cord stimulator was putting my back and recommended by confind okay, but the 842 00:54:13.000 --> 00:54:16.199 fusion surgery by doctor Gibe was in December of two thou ten, right, 843 00:54:16.280 --> 00:54:20.880 as best you can recollect. I don't recall exactly when did you marry Jennifer. 844 00:54:23.400 --> 00:54:25.960 That helps. That helps. I'm not going to ask. That helps. 845 00:54:25.960 --> 00:54:29.440 You know it was a day before Christmas, because it was you know, 846 00:54:29.559 --> 00:54:31.239 God, you're killing me. Turn off the camera. Hold on, 847 00:54:31.360 --> 00:54:36.119 do you want to take a break? No, you better turn the camera 848 00:54:36.159 --> 00:54:38.760 off. I got married December fourteen, twenty ten, ten days later. 849 00:54:39.039 --> 00:54:43.559 You're you're killing me now, dude, you know ten days later I had 850 00:54:43.599 --> 00:54:49.199 the surgery the day before Christmas. That was an unfair question, do you 851 00:54:50.239 --> 00:54:53.280 So let's just see if we can agree that between August two thousand and ten 852 00:54:53.320 --> 00:54:57.639 and your surgery on December twenty fourth, two ten, were you under the 853 00:54:57.639 --> 00:55:00.000 care of doctor Kapus for pain management. That's where I first want to see 854 00:55:00.079 --> 00:55:04.840 him. Yes, all right? Was he the one who suggested to you 855 00:55:04.880 --> 00:55:07.280 the spinal stimulator. Yeah, he did, you know, he after he 856 00:55:07.320 --> 00:55:09.519 worked on me for a while, he said, you know, you know 857 00:55:09.599 --> 00:55:15.000 there's tests. There's a testing thing, or we can put these these these 858 00:55:15.079 --> 00:55:19.280 leads in your back and we can just test his equipment out without doing surgery 859 00:55:19.480 --> 00:55:21.360 to see if it helps it all. And again, I mean, I 860 00:55:21.360 --> 00:55:22.840 can take you through each visit, but is it generally a recollection that the 861 00:55:22.840 --> 00:55:27.719 injections you got from doctor Kapus and the spinal cord stimulator did not provide you 862 00:55:28.079 --> 00:55:30.039 the pain relief that you needed. Well, you know, it's almost like 863 00:55:30.039 --> 00:55:35.920 a smoking mirror situation. They would turn the spinal cord stimulator off so so 864 00:55:36.039 --> 00:55:38.679 much that if I would sit and they would turn it up, I would 865 00:55:38.760 --> 00:55:43.320 vibrate so much it would kind of, you know, like take my mind 866 00:55:43.320 --> 00:55:45.920 off the pain. But as soon as I moved, it would you know, 867 00:55:45.960 --> 00:55:47.079 it wouldn't work. So, you know, I thought it was going 868 00:55:47.159 --> 00:55:51.360 to work, but it didn't. When did you strike that at some point 869 00:55:51.400 --> 00:55:53.880 you decided that you were going to have the fusion surgery by doctor Uribay, 870 00:55:53.960 --> 00:55:58.679 right, Yes, And you made that decision because were you in the same 871 00:55:58.719 --> 00:56:01.280 condition in December if ten that you were in August of two thousand and ten. 872 00:56:01.320 --> 00:56:05.280 I mean, you've already told us that you went to see doctor Kephis. 873 00:56:05.360 --> 00:56:09.079 You barely could lay flat on the table because you were in such pain. 874 00:56:09.559 --> 00:56:12.880 You know, it was hard for him to examine you. Were you 875 00:56:12.920 --> 00:56:15.079 still in that much pain in December two thousand and ten? Yes, all 876 00:56:15.159 --> 00:56:19.039 right. Would you agree then that whatever doctor Kephis did for you, or 877 00:56:19.079 --> 00:56:21.480 prescribed for you or a minister to you, it did not help you. 878 00:56:21.519 --> 00:56:22.800 Would you agree with that? Yeah? I would to say that he gave 879 00:56:22.840 --> 00:56:28.360 me some really heavy drugs that were more powerful than any of that percocets or 880 00:56:28.719 --> 00:56:31.800 delotted that or morpheme than I had because I was sleeping like a lazy I 881 00:56:31.840 --> 00:56:35.639 was sleeping in like a lazy boy chair, you know, as long as 882 00:56:35.639 --> 00:56:37.360 I kept my feet stretch out as far as I could, and I kept 883 00:56:37.400 --> 00:56:40.519 my arms over my head as far as I could, like stretching into the 884 00:56:40.559 --> 00:56:44.199 heavens, you're laying in this chair, I could. I could stay there. 885 00:56:44.440 --> 00:56:46.440 But if I brought my arms in or my legs up, and I'll 886 00:56:46.519 --> 00:56:52.960 just yelp, like an involuntary yelp, like an animal or something, because 887 00:56:52.960 --> 00:56:55.880 the pain would just shoot through my body like I said, I couldn't move 888 00:56:55.920 --> 00:56:59.880 my hand, my neck, I couldn't even kneel. It was almost like 889 00:57:00.239 --> 00:57:02.880 even if I turned my head to look my back would make me scream. 890 00:57:04.199 --> 00:57:06.920 So it got to the point where by December I was, you know, 891 00:57:07.079 --> 00:57:13.320 pretty much non functional. And so this now when you described his treatment as 892 00:57:13.360 --> 00:57:15.000 smoking mirrors, is that pretending to everything he was doing for you? Or 893 00:57:15.039 --> 00:57:19.840 simply the spinal stimulator, now, simply the spinal cord stimulator, you know, 894 00:57:20.079 --> 00:57:23.480 it just it vibrated so much because they turned up so high. You 895 00:57:23.480 --> 00:57:27.119 know, that was a gauge that you know, you sat down with somebody 896 00:57:27.119 --> 00:57:30.840 with a computer and they would you know, you could you could tell them 897 00:57:30.840 --> 00:57:32.960 how much you can handle, so I would have then give them the maximum 898 00:57:34.039 --> 00:57:37.519 you can. But it still hurts, you know. But it would vibrate 899 00:57:37.599 --> 00:57:40.400 so much. On the remote control I had, there were four programs depending 900 00:57:40.440 --> 00:57:44.920 on you I was walking, sitting, laying down, or whatever the other 901 00:57:44.960 --> 00:57:47.079 one was for, you know, and it would vibrate so much. It 902 00:57:47.079 --> 00:57:51.519 would get you where you could walk from here to the door. But then 903 00:57:51.880 --> 00:57:54.360 if you try to sit down, you know, it wouldn't fix the pain 904 00:57:54.480 --> 00:57:59.000 sitting down, you know, So it just it was miserable. It was 905 00:57:59.039 --> 00:58:01.719 like smoking mirror. It just didn't work all the time. The spinal cord 906 00:58:01.840 --> 00:58:05.599 stimulator. Can you tell us why, mister Bale. You know, if 907 00:58:05.639 --> 00:58:07.599 you show up at doctor Kaphus's office and you're in so much pain that you 908 00:58:07.639 --> 00:58:12.000 can't sit, stand or walk, and you lay down and you're screaming out 909 00:58:12.239 --> 00:58:15.800 why you decided not to have the Why didn't you go see doctor Rebay in 910 00:58:15.800 --> 00:58:19.800 August and have the fusion in August and save yourself that whatever, four or 911 00:58:19.800 --> 00:58:22.599 five months more of pain. Why did you try the spinal stimulator? Why 912 00:58:22.639 --> 00:58:25.679 did you try these heavy drugs? Well, you know, every doctor if 913 00:58:25.679 --> 00:58:29.719 talked to you, has said the spinal cord stimulator might help. I mean 914 00:58:30.039 --> 00:58:32.199 every doctor if talked to you has said that the fusion might make things the 915 00:58:32.239 --> 00:58:35.880 same, or it might make things a lot worse, or it might make 916 00:58:35.880 --> 00:58:37.760 things a lot better. You know, they said you need to try every 917 00:58:37.800 --> 00:58:42.400 option, but you know there is before you have the fusion, because it's 918 00:58:42.440 --> 00:58:45.760 the unknown whether it's you're gonna make you better or not make you better. 919 00:58:45.800 --> 00:58:49.559 So basically I was desperate and here's another option. You know, I'm this 920 00:58:49.679 --> 00:58:51.920 far down the road, you know, so you know, I need to 921 00:58:51.960 --> 00:58:54.000 try this option if it'll heal me and make me better. That's why I 922 00:58:54.039 --> 00:58:57.760 did it. I mean we're here today because the options you try at LSI 923 00:58:57.840 --> 00:59:00.400 didn't work, right, I mean, that's definitely not. And the options 924 00:59:00.440 --> 00:59:04.880 doctor Kephis gave you didn't work either, did they definitely not. Have you 925 00:59:04.920 --> 00:59:07.880 filed a suit against doctor Kephis? No? Are you planning to file a 926 00:59:07.880 --> 00:59:10.800 suit against doctor Kyphis? I have no idea. Okay, when do you 927 00:59:10.800 --> 00:59:15.440 remember going to Morton Plant Hospital in September? So now we're a month after 928 00:59:15.480 --> 00:59:19.519 your visit with doctor Caphis you seem maybe that you went into Morton Plant Hospital 929 00:59:19.559 --> 00:59:22.639 around September sixth? Do you remember that at all? I remember I was 930 00:59:22.679 --> 00:59:29.519 having back spasms constantly after the surgeries with doctor Z, and you know, 931 00:59:29.639 --> 00:59:37.480 and and they well, well Browler wait, and they had gotten really, 932 00:59:37.480 --> 00:59:40.519 really intense after the fifth surgery with him, and I remember going to Morton 933 00:59:40.559 --> 00:59:45.320 Plant from just an overwhelming attack of back spasms where it torked my whole body 934 00:59:45.320 --> 00:59:49.280 around. Is it your testimony to this jury that you went to Morton Plant 935 00:59:49.280 --> 00:59:52.679 because you had spasms because of doctor Z's surgery and not because you had been 936 00:59:52.679 --> 00:59:54.800 picking up shells on a beach for four hours, which threw your back into 937 00:59:54.840 --> 01:00:00.519 spasms. Is that your testimony? My testimony is I want to Morton because 938 01:00:00.559 --> 01:00:04.360 my back had more than a normal attack of spasms, and that's why I 939 01:00:04.400 --> 01:00:07.360 went. Because you had been picking up shells on the beach for four hours, 940 01:00:07.440 --> 01:00:09.519 bending over, picking up shells when you were a guest at somebody at 941 01:00:09.559 --> 01:00:13.280 somebody at the beach. Is that right? Well? I was what a 942 01:00:13.400 --> 01:00:15.519 guest of someone at the beach? You were picking up shells for four hours 943 01:00:15.519 --> 01:00:19.400 and that threw your back into spasms, and that's why you went to Morton 944 01:00:19.440 --> 01:00:21.880 Plant. Isn't that true? I don't know if that's true or not. 945 01:00:22.320 --> 01:00:23.559 I'm not a dog. Well, you were picking up shells at the beach 946 01:00:23.599 --> 01:00:29.599 for four hours right before you. I don't recall picking up shells, dude, 947 01:00:29.800 --> 01:00:31.440 but I don't know if it was that day. Well, I mean, 948 01:00:31.559 --> 01:00:35.079 is it your testimony that the incident where you were picking up shells at 949 01:00:35.079 --> 01:00:37.679 the beach has absolutely nothing to do with you going to Morton Plant Hospital? 950 01:00:37.800 --> 01:00:42.559 Is that your testimony? My testimony is, I went to Morton Plant Hospital 951 01:00:42.679 --> 01:00:45.719 because I had an attack of back spasms. That was overwhelming more than usually. 952 01:00:45.719 --> 01:00:49.800 Do you know what precipitated the attack of back spasms? I wish I 953 01:00:49.840 --> 01:00:51.960 did? I do not, Well, it seemed like you were telling me 954 01:00:52.000 --> 01:00:54.280 it was doctor Presky surgery that precipitated the back spasms. Is that what you 955 01:00:54.320 --> 01:00:58.559 believe? Well, the back spasms started after Presky worked on me. You 956 01:00:58.559 --> 01:01:00.280 remember how long you were at Morton Plan Hospital. No, I don't. 957 01:01:00.320 --> 01:01:04.880 Do you recall what treatment you received while you were a patient at Morton Plant 958 01:01:05.000 --> 01:01:08.400 Hospital? No, I don't recall. Do you recall any conversations you had 959 01:01:08.400 --> 01:01:14.000 with any of the physicians at Morton Plan Hospital wherein they expressed any kind of 960 01:01:14.039 --> 01:01:17.320 opinions or comments statements about your treatment at Laser Spine Institute. No, I 961 01:01:17.360 --> 01:01:21.039 don't recall. Okay, do you know who John Ferrara is? Does that 962 01:01:21.119 --> 01:01:24.880 name ring a bell to you at all? Fr r r that's all samiliar. 963 01:01:25.039 --> 01:01:28.519 I don't know if I were to tell you he was doctor C's physician 964 01:01:28.559 --> 01:01:30.840 assistant an LSI, would that ring a bell at all? Oh? Okay. 965 01:01:31.039 --> 01:01:35.119 According to the record, you report it to John ferrar in September thirteenth 966 01:01:35.119 --> 01:01:37.960 that you had a new onset of low back pain after picking up shells at 967 01:01:37.000 --> 01:01:42.599 the beach had been seen in the emergency room hospitalization for severe back spasms. 968 01:01:42.639 --> 01:01:45.280 Do you recall telling mister Ferrar that, No, I don't. I don't 969 01:01:45.400 --> 01:01:47.840 recall meeting Ferrr, but I'm sure if I saw him, i'd remember him. 970 01:01:47.880 --> 01:01:51.960 I'm not good at name. Are you denying that you made that statement 971 01:01:52.000 --> 01:01:54.360 to mister Ferrar, which appears in the LSI records. I just gotta recall 972 01:01:54.480 --> 01:01:57.679 saying it, all right? Do you remember, as you sit here today, 973 01:01:57.719 --> 01:02:00.039 being out on the beach that day before, around at the time of 974 01:02:00.079 --> 01:02:02.320 the Morton Plant Hospital, where you were picking up shells, and that you 975 01:02:02.400 --> 01:02:06.159 suffered a new onset of back pain. Do you remember anything about that? 976 01:02:06.440 --> 01:02:08.360 Yeah, I remember being at the beach and bending over and picking up shells. 977 01:02:08.679 --> 01:02:12.320 I don't recall what day it was. Okay, who you were? 978 01:02:12.320 --> 01:02:14.639 You a guest of somebody at the beach? Do you remember that? No, 979 01:02:14.960 --> 01:02:16.599 I was there with my wife, Jennifer, Okay, anyone else they 980 01:02:16.639 --> 01:02:20.079 there? You can remember that, I recall. Do you remember about the 981 01:02:20.079 --> 01:02:22.599 same time that you were telling mister Ferrar, at least according to the records 982 01:02:22.639 --> 01:02:24.320 from our clients, that you maybe had an oblique muscle tear. Do you 983 01:02:24.360 --> 01:02:28.960 remember anything about suffering an oblique muscle tear? No, I don't recall saying 984 01:02:29.000 --> 01:02:30.840 that. No, just for the jury, can you point to where an 985 01:02:30.840 --> 01:02:34.079 oblique muscle would be well, obliques are on both sides, right. Do 986 01:02:34.159 --> 01:02:37.559 you Did you ever suffer any kind of oblique tear that you remember, not 987 01:02:37.639 --> 01:02:39.800 that I recalled during that time. Do you remember that there was a discussion 988 01:02:39.840 --> 01:02:45.159 with either mister Ferrar or doctor Preski about sending you to a general surgeon to 989 01:02:45.159 --> 01:02:47.880 evaluate whether this oblique tear was causing you some of the pain? Does that 990 01:02:47.960 --> 01:02:51.239 ring a bell with you at all? Yeah? I remember talking with him 991 01:02:51.239 --> 01:02:53.360 about looking at my body in the mirror and I said, one of my 992 01:02:53.400 --> 01:02:58.079 obliques look swollen. I don't look normal, you know. I just figured 993 01:02:58.079 --> 01:03:00.840 it was from all the back series. I don't write remember saying I had 994 01:03:00.840 --> 01:03:04.159 a tear. Okay. Do you remember, though, that doctor Bretzki or 995 01:03:04.199 --> 01:03:07.360 the staff at LSI was in agreement to refer you to another specialist to see 996 01:03:07.360 --> 01:03:10.400 if they could figure out what was going on with you. I don't recall 997 01:03:10.440 --> 01:03:13.280 that. And again, if it's in the records, you don't have any 998 01:03:13.280 --> 01:03:15.079 reason to dispute that it happened. You just don't remember because it's four years 999 01:03:15.079 --> 01:03:17.880 ago. Is that fair to say if it doesn't remember something. I don't 1000 01:03:17.880 --> 01:03:22.719 think that's answerable. That's a form objection. I guess that's a form of 1001 01:03:22.719 --> 01:03:24.559 objection. Yeah, I don't know. Do the records have the Australia tour 1002 01:03:24.599 --> 01:03:30.360 in twenty ten or twenty two thousand and nine? Twenty nine? You're a 1003 01:03:30.400 --> 01:03:31.639 lawyer, has corrected me. It was two thousand and nine. Well do 1004 01:03:31.719 --> 01:03:36.000 the records say two and ten? This record does. Yeah, So I 1005 01:03:36.000 --> 01:03:39.639 mean these records, who knows anything's possible? It could be right wrong. 1006 01:03:39.679 --> 01:03:42.960 I don't know. No, no, no, the record, well it's 1007 01:03:43.039 --> 01:03:45.800 doctor Runger's record that says two thousand and ten. I'm just asking you as 1008 01:03:45.800 --> 01:03:47.719 a general you know, I don't know what the records say at their right 1009 01:03:47.840 --> 01:03:51.320 or not, you know, I mean, you know you got the records. 1010 01:03:51.679 --> 01:03:54.000 Who knows the right or wrong? You deny having any conversation with the 1011 01:03:54.000 --> 01:03:58.440 folks at LSI in September twenty ten about a referral to a general surgeon. 1012 01:03:58.719 --> 01:04:01.360 I don't recall. Okay, anyone need a break, We're all good, 1013 01:04:01.400 --> 01:04:05.239 you all right, Yeah, I'm good. It looks to me, mister 1014 01:04:05.280 --> 01:04:10.000 Balaia, like from the records of September fifteenth, of twenty and ten, 1015 01:04:10.000 --> 01:04:13.840 and I've got one for your lawyer that you went back to see doctor Well. 1016 01:04:13.960 --> 01:04:15.679 I don't know if you want to see doctor Kaphus or he wrote a 1017 01:04:15.880 --> 01:04:19.480 letter of medical necessity. I've marked that as Exhibit two, Exhibit two marked 1018 01:04:19.480 --> 01:04:24.400 for identification. I've handed a copy to you and your lawyers. Feel free 1019 01:04:24.400 --> 01:04:27.000 to take as much time to read that as you need. Mister Bela, 1020 01:04:27.159 --> 01:04:29.800 what I wanted to ask you about is it looks like doctor Kephis is writing 1021 01:04:29.800 --> 01:04:32.159 a letter on your behalf, maybe to an insurance company or something, to 1022 01:04:32.239 --> 01:04:36.039 try to get you a prescription for fentora fe nt o r a. Do 1023 01:04:36.079 --> 01:04:39.559 you see that in the first sentence of the second paragraph? Yeah, I 1024 01:04:39.599 --> 01:04:42.880 do. Do you remember do you remember discussing this letter with doctor Kyphus or 1025 01:04:42.880 --> 01:04:45.760 do you remember anything about doctor Kephis or telling doctor Caphis that the fenaura was 1026 01:04:46.119 --> 01:04:50.079 really the only thing that was allowing you any significant improvement. I remember the 1027 01:04:50.159 --> 01:04:53.719 letter. I don't. I don't believe I've ever seen it, but I 1028 01:04:53.800 --> 01:05:00.719 do know he prescribed me fentanyl. Yeah, huh, She's the only thing 1029 01:05:00.760 --> 01:05:03.960 that basically would take the edge off of pain. Do you when you were 1030 01:05:03.960 --> 01:05:08.960 telling us earlier about you know, you were talking about the smoke and mirrors 1031 01:05:08.960 --> 01:05:11.280 of the spinal stimulator, and I think you said he gave me some heavy 1032 01:05:11.360 --> 01:05:15.800 drugs. Do you think it was the fentanyl or the fentora that he was 1033 01:05:15.840 --> 01:05:18.639 giving to you? Is that what was giving you the no? I remember, 1034 01:05:18.679 --> 01:05:23.039 I remember right before we did the spinal cord stimulator, I had two 1035 01:05:23.119 --> 01:05:26.800 or three epidurals in the same light in the same time frame. I don't 1036 01:05:26.840 --> 01:05:29.559 know if it was weak or two weeks, but I just remember we had 1037 01:05:29.599 --> 01:05:32.320 two or three epidurals in a row and nothing was working. Excuse me, 1038 01:05:32.400 --> 01:05:36.039 I'm going to take a break. Yes, the time is ten twenty five. 1039 01:05:36.079 --> 01:05:40.199 We're off the record, recess. This is just number two. The 1040 01:05:40.239 --> 01:05:43.280 time is ten thirty five. We're back on the record, continued direct examination 1041 01:05:43.280 --> 01:05:45.480 by mister Train mister Balaiah. Before we took a break, I was asking 1042 01:05:45.480 --> 01:05:48.159 you about the fentora that was prescribed. Let me strike that because I was 1043 01:05:48.199 --> 01:05:51.800 actually asking you about this letter of medical necessity Exhibit two, which reflects that 1044 01:05:51.840 --> 01:05:55.960 doctor Kaphis was trying to get you a prescription of fentura, and I asked 1045 01:05:55.960 --> 01:05:58.760 you if you felt like the fentora was the drug, the heavy drug that 1046 01:05:58.880 --> 01:06:01.199 was prescribed by doctor Kfis. What is your recollection? Do you think that's 1047 01:06:01.199 --> 01:06:04.320 what the heavy drugs? You mentioned heavy drugs when you responded to a question 1048 01:06:04.360 --> 01:06:09.519 earlier. Do you think it was this fentanyl fentora drug. You know what 1049 01:06:09.559 --> 01:06:13.559 I recall is right before the spinal cord stimulator, just before just having more 1050 01:06:13.639 --> 01:06:16.960 drugs put in my back than I had before, because usually an epidural would 1051 01:06:17.000 --> 01:06:20.199 last sometimes a couple of months. Huh yeah. But I remember when when 1052 01:06:20.239 --> 01:06:24.239 I went back to Colfeld, you know, he did an epidural, then 1053 01:06:24.239 --> 01:06:27.559 he went back to the best of my recollection, it seems like two or 1054 01:06:27.599 --> 01:06:30.920 three days later, and then two or three days later I had like three 1055 01:06:30.960 --> 01:06:32.960 epidurals. You know, I was, I was just getting pumped with heavy 1056 01:06:33.000 --> 01:06:35.639 drugs in my back, and I just you know, it was it was, 1057 01:06:35.719 --> 01:06:39.519 and it was nothing was working. That's what I recall. If you 1058 01:06:39.559 --> 01:06:42.719 look at the last sentence of the first paragraph, mister Balayat says the patient 1059 01:06:42.800 --> 01:06:45.199 has tried fentura, which has allowed him to give enough relief that he's able 1060 01:06:45.199 --> 01:06:47.480 to get up and start walking again. Do you recalled telling him that that 1061 01:06:47.599 --> 01:06:50.760 you had tried Fentora. I don't recall tell him that at all. Do 1062 01:06:50.800 --> 01:06:55.079 you know whether you had been on Fentura before the state of September fifteenth, 1063 01:06:55.079 --> 01:06:58.039 twenty ten. I don't recall the date. But the only time that I've 1064 01:06:58.039 --> 01:07:01.719 had fentanyl that I can recalls from doctor Cutoffel. Okay, I I mean, 1065 01:07:01.760 --> 01:07:05.480 I guess Fventora is a it contains fentanyl. So if you tried Fentora, 1066 01:07:05.559 --> 01:07:09.079 it would have been from doctor Kephis. That's your best memory. Yeah, 1067 01:07:09.119 --> 01:07:11.920 I don't know what Fentora is. The only thing I know is I 1068 01:07:11.920 --> 01:07:15.719 always prescribed fentanyl and that was from doctor Kephis. It's the best of my 1069 01:07:15.880 --> 01:07:18.639 recollection. And do you recall that you that that allowed you enough relief that 1070 01:07:18.639 --> 01:07:21.800 you were able to get up and start walking again. Yeah. When I 1071 01:07:21.800 --> 01:07:25.119 have a fentanyl, it took the edge off where I could you know, 1072 01:07:25.400 --> 01:07:28.360 you know, walk a certain distance, you know, from here to the 1073 01:07:28.360 --> 01:07:30.079 door. I could sit for you know, maybe fifteen minutes instead of not 1074 01:07:30.119 --> 01:07:33.039 being able to sit for thirty seconds. You know, it took the edge 1075 01:07:33.079 --> 01:07:36.239 off. It's still you know, it still was where I couldn't sleep, 1076 01:07:36.280 --> 01:07:40.000 though you know, it didn't take the edge off where I could sleep well. 1077 01:07:40.039 --> 01:07:42.960 The last sentence, mister Balaia states, given the patient's strenuous work, 1078 01:07:43.000 --> 01:07:45.559 I believe he needs the medication to allow him to work and function as his 1079 01:07:45.639 --> 01:07:50.000 current need to maintain his work. As his current need to maintain his work 1080 01:07:50.719 --> 01:07:54.719 is of the utmost importance to him and his family. Do you recall telling 1081 01:07:54.760 --> 01:07:59.000 doctor Caphis that you needed some medication in order for you to work and function 1082 01:07:59.760 --> 01:08:01.000 well. I told him, you know, if I didn't get back to 1083 01:08:01.519 --> 01:08:08.079 work on a consistent basis, I was gonna lose my job. What was 1084 01:08:08.119 --> 01:08:10.719 your job at that time? In September two thousand and ten, I was 1085 01:08:10.760 --> 01:08:14.239 working for TNA Wrestling as a general manager of the show, which basically is 1086 01:08:14.760 --> 01:08:16.359 I'm just an employee. It's just, you know, it's entertainment. So 1087 01:08:16.399 --> 01:08:19.520 the general manager is not you know, it's really not a general manager. 1088 01:08:19.640 --> 01:08:21.720 So and I'm trying to get an idea, mister Blia, of what was 1089 01:08:21.880 --> 01:08:25.560 going on with you as of September twenty ten. Were you able to work 1090 01:08:25.560 --> 01:08:28.439 in function as long as you got this medication. I remember, before the 1091 01:08:28.560 --> 01:08:31.399 medic medication you know, having a back brace and going to work with a 1092 01:08:31.439 --> 01:08:35.880 back brace. I remember from the beginning of the LSI surgeries that you know, 1093 01:08:35.920 --> 01:08:40.000 there will be a point where in time where I would go to work 1094 01:08:40.159 --> 01:08:42.960 and there was relief, you know, and then I couldn't go to work 1095 01:08:43.000 --> 01:08:45.439 anymore because the paint so bad. So it was on and off, you 1096 01:08:45.439 --> 01:08:49.239 know, depending on what my condition was. But all I knew was if 1097 01:08:49.279 --> 01:08:53.399 I kept getting surgeries and I kept not going to work, I was gonna 1098 01:08:53.399 --> 01:08:57.520 lose my job. So I was trying to express the coloflal that if I 1099 01:08:57.680 --> 01:09:00.199 that I had to be consistent and I couldn't disappear every couple of months of 1100 01:09:00.239 --> 01:09:02.600 surgeries, and I was afraid I was going to lose my job. And 1101 01:09:02.600 --> 01:09:05.039 we'll get to this a little later on. But it's not your testimony. 1102 01:09:05.119 --> 01:09:08.760 Is it that you were not able to engage in your profession of wrestling at 1103 01:09:08.760 --> 01:09:12.399 any time you were under the care of the side physicians. You're not saying 1104 01:09:12.399 --> 01:09:14.960 that, are you? In other words, you were able to wrestle during 1105 01:09:14.960 --> 01:09:16.880 the time that you were under the care of the LSI folks, I wouldn't 1106 01:09:16.920 --> 01:09:21.039 call it wrestling, Yeah, I'd go back to the term smoke and mirrors. 1107 01:09:21.079 --> 01:09:24.279 You know, I could walk out and have a presence, but I 1108 01:09:24.319 --> 01:09:27.079 couldn't actually go in there and wrestle. Yeah. I could take a few 1109 01:09:27.119 --> 01:09:29.880 steps, maybe throw a punch, but as far as doing like the Hulk 1110 01:09:29.920 --> 01:09:32.680 Cogan main event wrestling match that was known for, I couldn't do that anymore. 1111 01:09:32.920 --> 01:09:38.560 Huh. You couldn't do that even before you started seeing the doctors at 1112 01:09:36.640 --> 01:09:41.159 A Right, I did it for thirty years. Yeah, but you were, 1113 01:09:41.199 --> 01:09:44.560 I mean, your body had taken such a toll before you started seeing 1114 01:09:44.680 --> 01:09:47.600 LSI in February that you weren't doing that type of wrestling anymore. My body 1115 01:09:47.680 --> 01:09:50.319 was pretty beat up. Yeah, I mean you I mean you picked Flare 1116 01:09:50.399 --> 01:09:53.840 up and threw them off the top rope in November if two thousand and nine 1117 01:09:53.880 --> 01:09:56.079 in Australia, Do you recall that, I mean, that's during the time 1118 01:09:56.119 --> 01:09:59.359 you were well strike that you recall that match down in Australia. Yeah, 1119 01:09:59.359 --> 01:10:01.319 anytime you have to understand, you know, you know what we do in 1120 01:10:01.359 --> 01:10:05.159 there. You take your own bump. So basically, if somebody is getting 1121 01:10:05.159 --> 01:10:08.640 slammed off the top rope, you put your hands up, you know, 1122 01:10:08.720 --> 01:10:12.000 ten or fifteen pounds of pressure to pay on how great of an athlete you 1123 01:10:12.079 --> 01:10:15.520 are and you guide them, or it's an illusion such as if you toss 1124 01:10:15.600 --> 01:10:17.760 somebody, they take their own bump, such as when I picked up the 1125 01:10:17.760 --> 01:10:21.439 seven hundred pound hound to the Giant in nineteen eighty eight, he probably weighed 1126 01:10:21.439 --> 01:10:27.239 one hundred and ten pounds because he because he pushed up on my shoulders in 1127 01:10:27.319 --> 01:10:30.439 my thought, And it's a balancing act because you can't pick up a seven 1128 01:10:30.479 --> 01:10:34.920 hundred pound man up, you know, So when you slammed and threw Flare 1129 01:10:34.960 --> 01:10:39.800 off the top rope, basically Flick took his own bump with my hands in 1130 01:10:39.840 --> 01:10:43.000 position. It's all. I picked up a two hundred and fifty pound guy 1131 01:10:43.119 --> 01:10:45.720 and held him over my head and slammed him because I can't do that. 1132 01:10:45.880 --> 01:10:47.319 I guess my question to you is this, is it your claim in this 1133 01:10:47.399 --> 01:10:51.239 lawsuit that the treatment given to you at LSI prevented you from wrestling? As 1134 01:10:51.279 --> 01:10:55.600 you and I are using that term during the period of time two thousand nine 1135 01:10:55.680 --> 01:10:58.560 up to twenty and ten, I don't think they're using the same terms. 1136 01:10:58.600 --> 01:11:01.439 So can you explain to how you're using the term objection to the form? 1137 01:11:02.359 --> 01:11:05.640 Do you understand what when you use the term wrestling, You've already told me 1138 01:11:05.680 --> 01:11:09.800 that it's not college wrestling. You recall testifying to that a little while ago. 1139 01:11:10.199 --> 01:11:12.960 Yeah, okay, you said it's entertainment, correct, correct, all 1140 01:11:13.039 --> 01:11:15.520 right, So using the term wrestling as you have described it for us on 1141 01:11:15.560 --> 01:11:17.079 the record, is it your claim in this lawsuit, mister Blaya, that 1142 01:11:17.119 --> 01:11:20.159 what the folks at LSI did for you prevented you from engaging in that type 1143 01:11:20.159 --> 01:11:24.279 of wrestling or entertainment. Yea, the level of entertainment that I needed to 1144 01:11:24.279 --> 01:11:28.359 participate at the at to be the main event, Hulk Hogan. They definitely 1145 01:11:28.439 --> 01:11:31.359 prevented me from doing that. Okay. It was a compromise, you know, 1146 01:11:31.399 --> 01:11:35.000 I could participate on a much lower, not a main event level than 1147 01:11:35.239 --> 01:11:39.960 what I was used to or before the surgeries. And when you say you 1148 01:11:40.000 --> 01:11:43.680 were prevented from wrestling on a main event level, are you speaking two opportunities 1149 01:11:43.680 --> 01:11:46.479 you had with the WWE. I'll speak everything across the board, okay, 1150 01:11:46.439 --> 01:11:49.680 yeah, my normal level of performance across the board. Your testimony is that 1151 01:11:49.760 --> 01:11:54.199 what the folks at LSI did prevented you from being a main event for TNA. 1152 01:11:55.720 --> 01:11:58.199 Yeah, they definitely prevented him be from a main event. Yeah, 1153 01:11:58.239 --> 01:12:01.319 TNA on a consistent basis to generate the type of revenue I could have generated 1154 01:12:01.520 --> 01:12:05.239 if I had if I didn't have those surgeries. Are you generating that revenue 1155 01:12:05.239 --> 01:12:09.640 now? No? After your fusion? No? All right, So back 1156 01:12:09.640 --> 01:12:13.279 to this letter where you where doctor Kafis said, I believe he needs the 1157 01:12:13.279 --> 01:12:15.560 medication to allow him to work and function as his current need to maintain his 1158 01:12:15.640 --> 01:12:20.079 work as of utmost importance. What work were you doing for TNA that you 1159 01:12:20.119 --> 01:12:24.600 needed to keep doing just being the general manager? Well, they were, 1160 01:12:25.520 --> 01:12:28.359 you know, when I would leave my house, they were generally twelve hour 1161 01:12:28.479 --> 01:12:30.199 days. You know. I would leave at eight in the morning. I 1162 01:12:30.239 --> 01:12:32.680 had a production meeting at ten, you know, and then then I had 1163 01:12:32.680 --> 01:12:35.439 a talent meeting at twelve, you know, and then I have to go 1164 01:12:35.479 --> 01:12:40.079 over all the matches to sit there and talk with the guys on what to 1165 01:12:40.119 --> 01:12:43.199 do and what not to do, and then we start filming at six thirty 1166 01:12:43.199 --> 01:12:45.560 at night and film two or three hours. So for me to get through 1167 01:12:45.600 --> 01:12:48.479 those twelve hour days, you know, it was a lot different than you 1168 01:12:48.520 --> 01:12:51.600 know, sitting up at home trying to eat a TV dinner in five minutes, 1169 01:12:53.119 --> 01:12:55.560 you know, for me to get through those twelve hour days and so 1170 01:12:55.600 --> 01:12:58.920 I wouldn't lose my job, I had to have some type of help to 1171 01:12:58.960 --> 01:13:01.079 take the edge off just to get me through those days. Did you ever 1172 01:13:01.119 --> 01:13:04.000 tell doctor Kephis, hey, do something for me that will get me back 1173 01:13:04.279 --> 01:13:08.920 to being the main event. I want to be the main event for TNA. 1174 01:13:09.000 --> 01:13:11.520 I want to be that guy. I don't want to just be the 1175 01:13:11.600 --> 01:13:15.199 general manager where I go sit in production meetings twelve hours a day. I 1176 01:13:15.239 --> 01:13:16.279 want to be in the ring. I want to be the main guy. 1177 01:13:16.560 --> 01:13:20.000 Help me get there. Did you ever have that discussion with doctor Kephis. 1178 01:13:20.199 --> 01:13:24.039 You know, my main injective with Kafko was trying to get out of pain. 1179 01:13:24.479 --> 01:13:28.439 Uh you know, passing to be the initial first step that we were 1180 01:13:28.520 --> 01:13:30.720 trying to accomplish. And would you agree he was not successful in getting you 1181 01:13:30.720 --> 01:13:33.600 out of pain during the time you saw him. Correct, I would agree 1182 01:13:33.640 --> 01:13:36.680 I was in constant pain no matter what we tried. Why did you tell 1183 01:13:36.720 --> 01:13:40.880 doctor Kephis that the current need to maintain your work was of the utmost importance 1184 01:13:40.920 --> 01:13:43.079 to him and his family. What was going on with you at that time 1185 01:13:43.079 --> 01:13:45.000 that led you to make that statement to doctor caphis, Yeah, well I 1186 01:13:45.079 --> 01:13:48.279 needed to generate revenue. Just you know, I just went through a divorce 1187 01:13:48.319 --> 01:13:51.560 and had to just settle a huge civil lawsuit. You know where my son 1188 01:13:51.640 --> 01:13:55.920 got into wreck. That's the Grutziano and the passenger was injured. Yes, 1189 01:13:56.000 --> 01:13:59.560 okay, And I you know, I had next wife that had to receive 1190 01:13:59.600 --> 01:14:01.960 a check every month, and I needed to work and generate revenue so I 1191 01:14:02.000 --> 01:14:04.560 could pay my bills, get a place to live and eat, and just 1192 01:14:04.680 --> 01:14:06.600 you know, how to go to work. When was the divorce? The 1193 01:14:06.600 --> 01:14:10.920 divorce was settled in two thousand and nine, I don't recall, don't remember. 1194 01:14:10.920 --> 01:14:13.640 Okay, it looked from what I've seen that the Graziano lawsuit was actually 1195 01:14:13.640 --> 01:14:15.319 settled around February twenty and ten. Does that sound right to you? I 1196 01:14:15.359 --> 01:14:18.079 don't really recall. All right, let's talk about that lawsuit a little bit. 1197 01:14:18.079 --> 01:14:20.600 Did you have to pay I guess the settlement probably is confidential, but 1198 01:14:20.720 --> 01:14:25.319 it is. But did you have to pay that settlement out of pocket? 1199 01:14:25.399 --> 01:14:29.399 Or was it covered by an insurance policy? I paid to answer these questions? 1200 01:14:29.520 --> 01:14:31.720 Now we're not well, I haven't even asked a question yet, So 1201 01:14:31.960 --> 01:14:34.840 now we're not going to talk about the amount of the settlement. Well, 1202 01:14:34.880 --> 01:14:40.159 we'll see about that. Do you are you in possession, We'll see about 1203 01:14:40.159 --> 01:14:43.079 that. Well, it may be relevant. Well, then you can take 1204 01:14:43.079 --> 01:14:45.600 it up with the court. He's not going to answer any questions. There's 1205 01:14:45.600 --> 01:14:48.079 a confidentiality agreement. So if you get a court order he can. But 1206 01:14:48.119 --> 01:14:50.800 if we'll see about it means he's going to talk about it today, he's 1207 01:14:50.840 --> 01:14:54.760 not. I don't think I even asked a question. Why do you keep 1208 01:14:54.760 --> 01:14:57.920 injecting yourself. I haven't even asked a question what the settlement was. My 1209 01:14:58.000 --> 01:15:00.800 question was I think the settlement is confidential, so I don't know why you 1210 01:15:00.800 --> 01:15:03.039 even need to talk. I'm referring to your comment about we'll see about that. 1211 01:15:03.079 --> 01:15:05.479 We're not going to see about that. Well, we will if we 1212 01:15:05.520 --> 01:15:08.920 go to the court. Well, yeah you will, but you're not going 1213 01:15:08.960 --> 01:15:14.960 to see about it today. Did you was the defense in the case paid 1214 01:15:15.680 --> 01:15:17.840 for by an insurance policy, meaning the attorneys who represented you and Nick or 1215 01:15:17.920 --> 01:15:21.560 Nick? Was that paid for out of an insurance policy or out of your 1216 01:15:21.560 --> 01:15:26.479 pocket? To answer that question, brother, you can answer that to the 1217 01:15:26.479 --> 01:15:30.960 extent that you know there was you know there was no umbrella coverage. You 1218 01:15:30.000 --> 01:15:33.640 know, my wife had refusing Brella coverage, so she only had, you 1219 01:15:33.680 --> 01:15:36.880 know, a two hundred and fifty thousand dollars policy, and the settlement was 1220 01:15:38.000 --> 01:15:41.439 for much. We're not going to talk about the settlement. Okay, we're 1221 01:15:41.439 --> 01:15:45.840 not even going to characterize it. It didn't cover the settlement, all right, 1222 01:15:45.239 --> 01:15:48.760 So we can talk if the judge allows him to get into it and 1223 01:15:48.840 --> 01:15:53.359 he's protected, but we're not going to talk about it without a court order. 1224 01:15:53.640 --> 01:15:56.319 Well, why are we talking about it now? No, I'm talking 1225 01:15:56.319 --> 01:16:00.880 about the I'm talking about the amount or any characterization of the amount out So 1226 01:16:00.880 --> 01:16:03.760 so I'm not sure you answered my question. You paid not only the amount 1227 01:16:03.760 --> 01:16:06.680 of the settlement, but you also paid the defense costs and expenses out of 1228 01:16:06.680 --> 01:16:12.520 your pocket. Correct, Yes? Do you know approximately when that lawsuit was 1229 01:16:12.560 --> 01:16:15.439 filed? No? Do you know if we assume the internet reports are correct, 1230 01:16:15.479 --> 01:16:17.520 and you know it's probably a big assumption, but if we assumed it 1231 01:16:17.560 --> 01:16:21.039 was settled in early twenty ten, do you know approximately how long the lawsuit 1232 01:16:21.079 --> 01:16:26.960 went on? How many months or years? Any idea? Yeah, I 1233 01:16:26.960 --> 01:16:31.960 can't assume anything from the Internet. None of that self is true. When 1234 01:16:32.039 --> 01:16:35.840 was the accident involving mister Graziano, it's the best of my recollection. Oh 1235 01:16:35.920 --> 01:16:40.960 seven. It also appears that you hired is it the Zuckerman Spader firm? 1236 01:16:41.039 --> 01:16:44.279 Is that who you hired to represent you in that lawsuit? Initially? Yes? 1237 01:16:44.800 --> 01:16:47.199 And did you end up finally a lawsuit against Zuckerman Spader regarding payment of 1238 01:16:47.239 --> 01:16:50.680 what you contend were unnecessary legal fees? Yes? Again? Was that case 1239 01:16:50.680 --> 01:16:54.920 settled or did go to trial? Settled? Okay? And did that result 1240 01:16:54.920 --> 01:16:58.239 in Zuckerman Spader were turning any moneys to you? Yes? Is the amount 1241 01:16:58.279 --> 01:17:02.239 of the money confidential as well? Yes? Were you, mister Blat? 1242 01:17:02.439 --> 01:17:05.479 Did you give a deposition in the Graziano case like we're doing here today. 1243 01:17:05.800 --> 01:17:08.800 Yeah, I don't recall that. You know, I'm sure I would have 1244 01:17:08.840 --> 01:17:11.239 had to you, But I don't recall a deposition. You recall giving a 1245 01:17:11.239 --> 01:17:14.600 deposition in the lawsuit against the Zuckerman Spader firm? No, I don't. 1246 01:17:14.720 --> 01:17:16.159 No, you don't recall, or no, I don't recall. No, 1247 01:17:16.359 --> 01:17:20.479 you did not. I don't recall who did you hire after you're split with 1248 01:17:20.560 --> 01:17:25.039 Zuckerman Spader, who defended you in the Grazio lawsuits? Do you recall, 1249 01:17:25.079 --> 01:17:28.800 sir, the amount of legal fees you incurred in totality in defending that lawsuit. 1250 01:17:29.119 --> 01:17:30.920 No, no, idea can't even estimate. No, I don't recall 1251 01:17:31.000 --> 01:17:33.760 there were so much at any time, say two thousand and seventh or two 1252 01:17:33.800 --> 01:17:36.439 thousand and ten. Did you have a personal accountant, someone who would be 1253 01:17:36.439 --> 01:17:40.079 in charge of paying you know, I assume you had a statement from your 1254 01:17:40.159 --> 01:17:42.640 lawyers, and that statement would need to be paid. Who was in charge 1255 01:17:42.640 --> 01:17:45.520 of paying the bills for the lawyer fees? Lewis Bertram Riccardo? Okay, 1256 01:17:45.520 --> 01:17:48.880 And where are they located, Claire Water? Are they still your personal accountant? 1257 01:17:48.920 --> 01:17:51.880 Do you still use them? No? Do you know how approximately when 1258 01:17:51.880 --> 01:17:56.600 you stopped using them as your personal accountant? Don't recall. Do you have 1259 01:17:56.640 --> 01:18:00.319 any records in your personal possession that would reflect that information, meaning how much 1260 01:18:00.319 --> 01:18:02.039 money you paid in legal fees to defend the Graziano case. No, I 1261 01:18:02.079 --> 01:18:05.760 don't Who would have those records? Do you know? Probably Lewis Bertram Riccardo. 1262 01:18:05.920 --> 01:18:09.840 Did you give a deposition in the marital dissolution case with Linda? Do 1263 01:18:09.840 --> 01:18:13.319 you recall? I'm sure I did, but I don't recall who was Linda's 1264 01:18:13.319 --> 01:18:15.840 attorney in that case? Do you remember oh Man did. The final attorney 1265 01:18:15.920 --> 01:18:20.319 was Ray Rafool, but she did have like five or six attorneys before him. 1266 01:18:20.359 --> 01:18:24.119 Did you? You mentioned earlier that you paid her, You had to 1267 01:18:24.119 --> 01:18:26.920 pay her a monthly check when we were talking about this letter from doctor Capus 1268 01:18:26.960 --> 01:18:30.520 about medical necessity, and you explained that none of the needs you had to 1269 01:18:30.560 --> 01:18:33.079 maintain your work was paying Linda's that correct. Yeah, it's part of the 1270 01:18:33.079 --> 01:18:35.800 bills that I had to pay every month. Yes, were you required under 1271 01:18:35.840 --> 01:18:41.800 the settlement agreed agreement to pay make an alimony payment every month? Is this 1272 01:18:41.920 --> 01:18:45.439 something we talk about? Well, I don't know if that I didn't represent 1273 01:18:45.439 --> 01:18:46.840 you in the divorce, I don't know. Was that a confidential sentiment as 1274 01:18:46.840 --> 01:18:50.800 well? Well, well, you know the marital sentiment was a confidential but 1275 01:18:51.079 --> 01:18:55.159 you know, especially a poenis since I think it's public record. I'm not 1276 01:18:55.159 --> 01:18:58.640 sure you know a balanty of that, but I mean it was mostly confidential. 1277 01:18:58.680 --> 01:19:01.399 Well, it's all over the you know, I don't know whether it 1278 01:19:01.439 --> 01:19:03.960 is or not, but it's a confidential settlement. I don't want you breaching 1279 01:19:03.960 --> 01:19:08.239 any confidentiality. So if you've got something you could show him that has already 1280 01:19:08.239 --> 01:19:10.760 been breached then that may change my mind. But I don't want him answering. 1281 01:19:10.760 --> 01:19:13.960 I don't want him violating the confidentiality agreement. So well, I'm not 1282 01:19:14.000 --> 01:19:15.800 asking about him, Mounce, I'm asking. I mean, he's already testified 1283 01:19:15.800 --> 01:19:18.800 he paid or each month. Can you tell us, mister Balaa, whether 1284 01:19:18.800 --> 01:19:21.840 that's an alimony payment or child support payment or what type of payment that is? 1285 01:19:23.119 --> 01:19:25.520 No, it's not alimony. You know, there was a total buyout 1286 01:19:25.640 --> 01:19:28.920 where she basically got almost everything I had, and then I couldn't afford the 1287 01:19:28.920 --> 01:19:30.399 rest of the money. So it was set up on payments, trying to 1288 01:19:30.479 --> 01:19:32.880 try to appease to her make it work. Because this settlement, it was 1289 01:19:32.880 --> 01:19:36.279 reduced to a written order in agreement. Excuse me, a settlement with Linda 1290 01:19:36.319 --> 01:19:40.039 was reduced to a written agreement. I don't know what that means. Was 1291 01:19:40.039 --> 01:19:43.279 it in writing? I mean, oh yeah, yeah. I mean if 1292 01:19:43.319 --> 01:19:45.359 we wanted to know, if the judge, for example, in this case, 1293 01:19:45.359 --> 01:19:46.399 wanted to know how much money you have to pay Linda, is there 1294 01:19:46.399 --> 01:19:49.000 a document in your possession that you could produce that would have that information. 1295 01:19:49.439 --> 01:19:53.880 No, but I'm sure one of my attorneys, like David Houston, you 1296 01:19:53.880 --> 01:19:56.439 know, who was involved through the whole divorce, would have it? Okay, 1297 01:19:56.439 --> 01:19:58.720 you don't have a copy at home or something? No, okay, 1298 01:19:58.760 --> 01:20:00.439 Well we're talking about Linda, are you Is she in any way I witness 1299 01:20:00.479 --> 01:20:03.239 to any of your visits to the Laser Spine Institute. I mean I think 1300 01:20:03.399 --> 01:20:05.800 you had separated by then. Oh yeah, No, No, she wasn't 1301 01:20:05.840 --> 01:20:09.760 around your knowledge. Does she have any had she had any conversations with any 1302 01:20:09.760 --> 01:20:12.840 of the folks at LSI about your condition? No? All right, in 1303 01:20:12.920 --> 01:20:15.800 terms of being a witness in this case and maybe coming to trial to testify 1304 01:20:15.800 --> 01:20:18.159 about your legend injuries and damages as a result of what you say happened at 1305 01:20:18.239 --> 01:20:21.520 LSI, Would she have anything to say about that? I have no idea 1306 01:20:21.560 --> 01:20:25.199 what she would say. Okay, I don't have a clue. Well, 1307 01:20:25.239 --> 01:20:27.680 do you think she'd be in a position to say anything about your injuries or 1308 01:20:27.760 --> 01:20:30.720 damages in this case? Maybe she'd wrestling on the internet. I don't know 1309 01:20:30.800 --> 01:20:32.359 where she'd get her information. I don't know. Okay, all right, 1310 01:20:32.680 --> 01:20:34.760 Yeah, I don't talk with her, so I have no idea. Are 1311 01:20:34.800 --> 01:20:38.800 you do you still owe her money under the agreement? Yes? All right? 1312 01:20:38.800 --> 01:20:41.359 And are you making monthly payments? Pursue into this agreement, and that's 1313 01:20:41.399 --> 01:20:43.319 what you owe her. Is there a lump sum that you owe her. 1314 01:20:43.680 --> 01:20:46.479 I'm making monthly payments. Okay, I mean there's a lump sum, but 1315 01:20:46.600 --> 01:20:50.239 it's broken down into payments. Okay. If I have the money, I'd 1316 01:20:50.239 --> 01:20:53.560 love to pay her off, but I don't. Mister Balaia, you and 1317 01:20:53.560 --> 01:20:59.199 I are in the same boat on that issue, do you? Does she 1318 01:20:59.199 --> 01:21:01.199 own any part of or what I call intellectual property. You know, your 1319 01:21:01.199 --> 01:21:04.720 trademarks, the Hulkamania trademark, the Hollywood huk Hoogan trademark, all of those 1320 01:21:04.760 --> 01:21:08.520 things that you spent your career sort of building up. Does she get any 1321 01:21:08.520 --> 01:21:13.199 residuals from that? She doesn't known any of the marks or the likeness. 1322 01:21:13.199 --> 01:21:16.319 But she just participate. When you say participate, she does participate financially. 1323 01:21:16.640 --> 01:21:20.760 Yes, she gets some residual fee or something for your use of of some 1324 01:21:20.840 --> 01:21:26.279 of those trademarks. Yes, okay. The media reports state that she received 1325 01:21:26.319 --> 01:21:29.960 a lump some payment at the time of settlement of over seven million dollars. 1326 01:21:30.119 --> 01:21:31.800 Is that accurate? Well, you can show him something, but I'm not 1327 01:21:31.840 --> 01:21:36.239 going to have him wave a confidentially confidentiality agreement. Not today, So he's 1328 01:21:36.279 --> 01:21:39.600 not going to answer that. I'm instructing him not to answer if you want 1329 01:21:39.600 --> 01:21:42.239 to take it up with the judge, and he gives him protection to answer 1330 01:21:42.399 --> 01:21:45.319 as well as these other issues that you mentioned earlier with gard to Graziano and 1331 01:21:45.359 --> 01:21:46.520 so forth. We can do all that in one hearing, but he's not 1332 01:21:46.520 --> 01:21:50.039 going to do it today, all right. And my next question is, 1333 01:21:50.039 --> 01:21:54.119 according to the media reports, there were sort of a total of about ten 1334 01:21:54.159 --> 01:21:57.840 point four million dollars that you and Linda had in bank and investment accounts, 1335 01:21:57.840 --> 01:22:00.199 of which she got seven point four millions. Question is is that accurate. 1336 01:22:00.439 --> 01:22:02.880 Well, he's not going to answer that, and you're going to follow your 1337 01:22:02.920 --> 01:22:06.239 lawyer's advice not to answer those questions. Yes, sir, okay, there's 1338 01:22:06.279 --> 01:22:10.159 also a report that she received that. And I'll tell you my position is 1339 01:22:10.199 --> 01:22:14.680 this is completely relevant because this is why he I don't have a relevancy objection. 1340 01:22:15.399 --> 01:22:17.520 Objection is there's a confidentiality in this settlement, and I'm not going to 1341 01:22:17.520 --> 01:22:20.000 have him well, somebody leaked it. Well, somebody leaked it may or 1342 01:22:20.039 --> 01:22:23.079 may not be accurate, but he's not going to confirm or deny it. 1343 01:22:23.159 --> 01:22:26.000 So it's not a relevancy objection. I don't want to get into hot water 1344 01:22:26.039 --> 01:22:30.119 where he's breached a confidentiality agreement on a prior settlement with his ex wife. 1345 01:22:30.199 --> 01:22:32.720 So you're going to need to get the protection for the court of the court 1346 01:22:32.800 --> 01:22:38.680 for that same question. Then, mister Balaia, the reports are that she 1347 01:22:38.760 --> 01:22:42.319 received a forty percent ownership in various companies you had. Is that accurate? 1348 01:22:42.600 --> 01:22:45.640 Same instruction, You're going to follow your lawyer's advice and not answer the question. 1349 01:22:46.039 --> 01:22:48.800 Yes, yeah, definitely. All right, now I think we better 1350 01:22:48.800 --> 01:22:51.079 get a court order. You know, some of the information is way off 1351 01:22:51.439 --> 01:22:56.439 So yeah, we definitely need to get a quarter to get facts correct facts. 1352 01:22:56.560 --> 01:22:59.600 Well, you can certainly correct me if my reports are wrong. No, 1353 01:22:59.680 --> 01:23:02.079 I'm just telling you whoever got that information is way off base. All 1354 01:23:02.159 --> 01:23:05.319 right, let's move on then. So we're talking about doctor Kapis. You're 1355 01:23:05.319 --> 01:23:08.720 seeing him. Do you remember that he injected you with botox? Do you 1356 01:23:08.760 --> 01:23:13.479 remember that for pain relief? I seem to recall as having a conversation that 1357 01:23:13.640 --> 01:23:16.159 botox if used. I can't remember what he said it was used for, 1358 01:23:16.640 --> 01:23:20.920 but it would help with pain for what reason I can't remember, But I 1359 01:23:20.920 --> 01:23:27.119 seven remember having a conversation about it because it hit't we really strangely, because 1360 01:23:27.119 --> 01:23:30.000 I thought it was for plastic surgery stuff. Yeah, And did that provide 1361 01:23:30.039 --> 01:23:34.239 you any relief that you remember the botox injection or injections. I don't remember 1362 01:23:34.279 --> 01:23:39.119 getting injected with botox. Oh you don't, No, just a discussion. 1363 01:23:40.159 --> 01:23:45.279 If he did inject me. I don't recall. He injected my back so 1364 01:23:45.359 --> 01:23:49.159 many times. I don't recall. All right, So we talked about the 1365 01:23:49.159 --> 01:23:54.840 spinal cord stimulator. Was that actually put in by a doctor Samuel Joseph at 1366 01:23:55.079 --> 01:23:59.079 Moreno Spine and Scoliosis Office. Do you remember that it was doctor Joseph? 1367 01:23:59.199 --> 01:24:00.439 Yes, you know, see a theme to some of my questions. So 1368 01:24:00.479 --> 01:24:03.399 did you talk with doctor Joseph at all about the treatment you had received at 1369 01:24:03.479 --> 01:24:06.840 LSI? Did he make any comments to you and the opinions about what you 1370 01:24:06.880 --> 01:24:10.920 had done at LSI or anything like that. I don't recall what I said 1371 01:24:10.920 --> 01:24:14.399 to him. Okay, all right, So let me show you another record, 1372 01:24:14.439 --> 01:24:16.880 mister Balaa from doctor Hunger's office, which will be Exhibit three. Exhibit 1373 01:24:16.920 --> 01:24:19.960 three mark for identification. Just for the record, this is Exhibit three. 1374 01:24:20.039 --> 01:24:25.399 It's a record from doctor Jeff Hunger, Associate Director of Family Medicine, Loma 1375 01:24:25.680 --> 01:24:30.600 Linda University School of Medicine. Ten. Where was this? Do you recall 1376 01:24:30.640 --> 01:24:32.760 this visit? Mister BEALAA? I can't tell if this is in California or 1377 01:24:32.800 --> 01:24:35.479 if this is in bel Air or somewhere else. I don't recall. Where 1378 01:24:35.600 --> 01:24:40.800 was that? Do you recall this visit though? By any chance? No? 1379 01:24:40.920 --> 01:24:44.560 I don't. Is it possible this could have been a phone call. 1380 01:24:44.640 --> 01:24:45.640 It may have been a phone call. Well, I don't know. I'm 1381 01:24:45.680 --> 01:24:48.279 asking he's impossible. Well, I doubt it. I mean he noted physical 1382 01:24:48.319 --> 01:24:51.199 exam at the bottom of the exam. Usually when a physician notes physical exam, 1383 01:24:51.239 --> 01:24:54.800 they're putting hands on you. Well, there you go. You know, 1384 01:24:54.920 --> 01:24:57.600 this may have just been a visit you had with him as your family 1385 01:24:57.680 --> 01:25:00.920 doctor to be cleared for the pump procedure. If you look at the second 1386 01:25:00.960 --> 01:25:08.560 page, it says plan patient is medically cleared for implantable pump procedure scheduled four 1387 01:25:09.000 --> 01:25:15.520 scheduled four October twenty six, twenty ten. Risks and benefits have been discussed 1388 01:25:15.560 --> 01:25:18.640 with the patient in the past. These will also be discussed with his pain 1389 01:25:18.720 --> 01:25:23.479 management team prior to surgery. Do you see that plan on the second page? 1390 01:25:23.720 --> 01:25:27.039 Yes, I do. Does that refresh your recollection of seeing doctor Unger 1391 01:25:27.399 --> 01:25:31.439 to be cleared for the pump procedure? No, it doesn't. Okay, 1392 01:25:31.760 --> 01:25:34.640 you reported to doctor Unger though, or at least the history and the physical 1393 01:25:34.640 --> 01:25:39.199 at the top of page one reflects that you have had six surgical procedures in 1394 01:25:39.239 --> 01:25:41.960 the past two years. Do you see that in the second line? Yes? 1395 01:25:42.399 --> 01:25:45.960 Were those the LSI surgeries? Yeah? And then you told him or 1396 01:25:45.960 --> 01:25:48.960 he noted that you had multiple epidurals, the last being approximately eight days ago, 1397 01:25:48.960 --> 01:25:51.560 which minimized him of pain for only forty eight hours. Do you see 1398 01:25:51.600 --> 01:25:55.560 that it's about three sentences down. Yeah, I do, And I think 1399 01:25:55.560 --> 01:25:58.079 that's consistent with what you've told us. That would have been an epidural. 1400 01:25:58.119 --> 01:26:00.279 That would have been an epidural that was given to you by doctor Caphus correct, 1401 01:26:01.000 --> 01:26:04.680 Yeah, it would He has a partner in there named doctor Chin Okay, 1402 01:26:04.880 --> 01:26:09.079 Yeah, it could have been him, all right or Kafaffel. Now, 1403 01:26:09.119 --> 01:26:12.680 if you look to the three lines from the bottom of that paragraph, 1404 01:26:12.760 --> 01:26:16.600 it's his patient's level of functioning has deteriorated significantly over the past four months. 1405 01:26:16.600 --> 01:26:18.880 Do you see that sentence? Yes, I do. You reported that you 1406 01:26:18.920 --> 01:26:24.119 are unable to travel, sleep walk, or exercise without experiencing severe pain. 1407 01:26:24.199 --> 01:26:27.439 Is that accurate? Yes? Okay, although at this time you were getting 1408 01:26:27.439 --> 01:26:30.039 injections from doctor Caphus correct beginning in August of two thousand and ten. Well, 1409 01:26:30.079 --> 01:26:33.239 I don't know the timeline, but I was getting injections from him. 1410 01:26:33.279 --> 01:26:36.439 Okay, now here we go again. The next paragraph, approximately two months 1411 01:26:36.439 --> 01:26:40.640 ago after traveling from Australia, the patient was noted to have a change on 1412 01:26:40.680 --> 01:26:44.279 his EKG, which was not present on prior studies. Is the refresh your 1413 01:26:44.279 --> 01:26:46.239 recollection about whether you went to Australia in two thousand and ten? Now, 1414 01:26:46.239 --> 01:26:49.199 I don't know the exact data went to Australia. I don't recall that. 1415 01:26:49.359 --> 01:26:54.079 Was that the trip for in August of two tho ten to Australia. I 1416 01:26:54.119 --> 01:26:57.199 have no idea. Okay, I don't know if this is accurate or not, 1417 01:26:57.640 --> 01:26:59.239 you know, I mean, I don't know. We're nger, you 1418 01:26:59.319 --> 01:27:01.399 know. I remember go to Australia one time to wrestle. Okay, that's 1419 01:27:01.439 --> 01:27:04.079 the only time I've ever been to Australia. I've never been there before. 1420 01:27:04.319 --> 01:27:08.760 I don't remember going twice, all right, So if I went twice for 1421 01:27:08.840 --> 01:27:11.560 some reason, I don't recall why I would have gone twice. Do you 1422 01:27:11.560 --> 01:27:15.039 remember in the discussion about an abnormal EKG, you know, a Hart test. 1423 01:27:15.640 --> 01:27:18.199 Yeah, well, Steve Chapman to refer me to his cardiologist, doctor 1424 01:27:18.199 --> 01:27:21.520 Phillips, and I went in there. If it was before another surgery, 1425 01:27:21.600 --> 01:27:25.760 or it was before the spinal cord stimulator, I was trying to pass it, 1426 01:27:25.840 --> 01:27:28.640 you know, get the normal physical so I could have another surgery, 1427 01:27:28.640 --> 01:27:31.239 you know, whatever the next procedure was. I don't recall what procedure it 1428 01:27:31.319 --> 01:27:34.560 was, but I remember I didn't, you know, the EKG didn't work. 1429 01:27:34.840 --> 01:27:40.479 So doctor Phillips put me through a regime of sonograms and stress tests and 1430 01:27:40.560 --> 01:27:43.520 all kinds of other stuff. I remember telling him, you know, there 1431 01:27:43.600 --> 01:27:46.920 was just probably a glitch in that EKG because I had too much anesthesia too 1432 01:27:46.920 --> 01:27:50.720 many times, too close together. And he made me feel that, you 1433 01:27:50.760 --> 01:27:54.760 know, that that could have probably been the problem. But once you did 1434 01:27:54.760 --> 01:27:58.920 the sonogram and the stress test and everything, everything seemed normal. He said 1435 01:27:58.920 --> 01:28:00.479 it was just one abnormal EKG. You know, you know, one of 1436 01:28:00.479 --> 01:28:03.359 the things he said could have caused it, you know, could have been 1437 01:28:03.399 --> 01:28:08.359 the anesthesia that wasn't completely out of my system from the multiple surgeries. Okay, 1438 01:28:08.359 --> 01:28:11.079 And again, when you sit here telling us about this, can you 1439 01:28:11.119 --> 01:28:13.760 picture doctor Phillips, what he looks like, what his office looks like. 1440 01:28:13.800 --> 01:28:15.239 I mean, do you have that kind of recollection of your visit with him? 1441 01:28:15.680 --> 01:28:19.479 Well, you know, if I saw him on recognize him. You 1442 01:28:19.479 --> 01:28:23.840 know, I don't know if if i'd recognize him here, huh. But 1443 01:28:23.920 --> 01:28:26.560 if I walk in the office and there were ten doctors, I could tell 1444 01:28:26.600 --> 01:28:29.000 you which one was him, all right. And the same question that I 1445 01:28:29.039 --> 01:28:30.680 asked you before with doctor Phillips, would you have been you know, honest 1446 01:28:30.720 --> 01:28:34.119 and accurate with I'm sorry I misunder who did you say the first time doctor 1447 01:28:34.159 --> 01:28:38.039 Phillips? Yes? Yeah. Would you be honest about telling him if he 1448 01:28:38.079 --> 01:28:40.520 asked you what's going on with you today, mister Balaia, would you honestly 1449 01:28:40.600 --> 01:28:43.680 report your condition? Would you honestly tell him what you had been through with 1450 01:28:43.800 --> 01:28:45.479 LSI if he asked in doctor Kapis, if he asked things like that. 1451 01:28:45.880 --> 01:28:49.039 Yes. Now continuing on with this note from doctor Unger, the last paragraph 1452 01:28:49.079 --> 01:28:51.640 right in the middle of that page, the last paragraph before the PMH. 1453 01:28:51.760 --> 01:28:55.720 It says one month ago, which would have been September of the patient was 1454 01:28:55.720 --> 01:28:59.239 hospitalized for five days in clear Water for severe back pain. Do you know 1455 01:28:59.279 --> 01:29:01.359 if doctor Runger is referring to the Morton Plant admission. No, I have 1456 01:29:01.399 --> 01:29:04.479 no idea who what he's referring to. Okay, do you recall him telling 1457 01:29:04.840 --> 01:29:09.640 Do you recall telling him about your admission to Morton Plant Hospital. No, 1458 01:29:09.760 --> 01:29:13.119 I don't recall that conversation specifically. But you don't disagree, do you that 1459 01:29:13.159 --> 01:29:16.319 you were you were hospitalized in clear Water for severe back pain in September twenty 1460 01:29:16.560 --> 01:29:19.800 ten. I don't agree or disagree. You know, I know I went 1461 01:29:19.840 --> 01:29:24.399 there for severe back pain. I'm not good with day or names, and 1462 01:29:24.600 --> 01:29:27.239 so September fifth could have been the date. You know, it could have 1463 01:29:27.279 --> 01:29:30.560 been the date I'm as spoken told longer it could have been, you know 1464 01:29:30.560 --> 01:29:32.720 if I don't know if the date is correct or not. But I know 1465 01:29:32.880 --> 01:29:36.079 I went to Morton Plan for severe back pain. But I don't know if 1466 01:29:36.119 --> 01:29:39.680 it was five days or if it was in September. I just want to 1467 01:29:39.680 --> 01:29:42.840 recall the date. Okay. Would you agree that since that hospitalization where you 1468 01:29:42.840 --> 01:29:45.880 were hospitalized at Morton Plant that your condition worsened after that episode. Well, 1469 01:29:45.920 --> 01:29:48.239 you know, I got to the point where after the first after a couple 1470 01:29:48.279 --> 01:29:51.479 of years of surgeries, or the year and a half of surgeries, the 1471 01:29:51.520 --> 01:29:55.880 spasms got worse and worse and worse. And he got to the point where, 1472 01:29:56.000 --> 01:29:58.800 I know, you know where one of the surgeons you don't Breski, 1473 01:29:58.880 --> 01:30:00.079 you know, brought me back in, you know, three or four weeks 1474 01:30:00.119 --> 01:30:04.159 later for another surgery. It was because my back was spasming and it just 1475 01:30:04.239 --> 01:30:08.079 gradually got worse and worse and worse. That's why I ended up in Morton 1476 01:30:08.159 --> 01:30:11.760 Plan. It got to the point where my body twisted and I couldn't get 1477 01:30:11.760 --> 01:30:15.079 it straightened back up. So is it your testimony that you had these spasms 1478 01:30:15.079 --> 01:30:17.720 throughout the time you treated at Laser Spine Institute. Yeah, they started coming 1479 01:30:17.720 --> 01:30:20.720 on after the first couple of surgeries, and they kept coming on stronger. 1480 01:30:20.800 --> 01:30:25.079 Had you ever suffered back spasms prior to February of two thousand and nine when 1481 01:30:25.079 --> 01:30:28.600 you first started as a patient at Laser Spine Institute, I recall, has 1482 01:30:28.640 --> 01:30:31.399 any physician told you that the procedures performed on you at Laser Spine Institute caused 1483 01:30:31.439 --> 01:30:35.640 you're back to spasm. Yeah, I don't recall conversations with any physicians about 1484 01:30:35.640 --> 01:30:39.960 back spasms if there were, so the answer to my question is no, 1485 01:30:40.319 --> 01:30:44.640 you do not recall any conversations with a physician in which that physician said your 1486 01:30:44.680 --> 01:30:47.600 back spasms were caused by the procedures at LSI. Well, I don't recall 1487 01:30:47.600 --> 01:30:54.000 the conversations. I know I talked quite frequently about it to Kathaklin and Bareski 1488 01:30:54.039 --> 01:31:01.560 and you know, Juribby and you know about the stuff. But I don't 1489 01:31:01.600 --> 01:31:06.199 recall specific conversations because my back was spasming, you know, constantly, as 1490 01:31:06.239 --> 01:31:10.119 soon as the medicine would wear off, or the injections, or when the 1491 01:31:10.119 --> 01:31:13.279 surgery would wear off, whatever they did it to me, my back was 1492 01:31:13.479 --> 01:31:15.760 spasm again because it caused my cause I got worse and worse the time went 1493 01:31:15.840 --> 01:31:18.960 on. Yet you continued, did you not to appear or even wrestle as 1494 01:31:18.960 --> 01:31:23.000 you and I have described that term in Australia and for TNA during the time 1495 01:31:23.000 --> 01:31:26.520 period that you were being seen at LSI. Well, after I cleared with 1496 01:31:26.560 --> 01:31:29.399 the doctors and told them what I was going to do exactly, you know, 1497 01:31:29.399 --> 01:31:31.800 when the moves were calculated. They just said, don't do anything crazy 1498 01:31:31.800 --> 01:31:34.600 and be careful and you should be fine. With the back spasms that you 1499 01:31:34.640 --> 01:31:38.840 claim occurred at LSI or because of LSI, they did not prevent you from 1500 01:31:38.840 --> 01:31:41.800 flying to Australia and wrestling Rick Flair four times. Would you agree with that? 1501 01:31:42.039 --> 01:31:44.039 I would agree with that. Yeah. You know, when my back 1502 01:31:44.159 --> 01:31:46.000 was stable, when with the drugs I was given, there was an amount 1503 01:31:46.039 --> 01:31:49.920 of coping and functioning. But when you couldn't function, you couldn't function. 1504 01:31:49.960 --> 01:31:53.439 So you know, I know when I went to Australia, it was right 1505 01:31:53.439 --> 01:31:56.079 after, you know, a couple of weeks or ten days after the third 1506 01:31:56.079 --> 01:32:00.279 back surgery, and I wasn't in spasms that were you know, twisting up 1507 01:32:00.279 --> 01:32:02.079 at that time. And then a year later you report to doctor Hunger that 1508 01:32:02.119 --> 01:32:04.680 you weren't able to get out of bed or walk due to the pain and 1509 01:32:04.720 --> 01:32:09.079 you ended up in the hospital for pain. And your testimony is that this 1510 01:32:09.199 --> 01:32:12.720 was not brought on by any incident or episode or injury, that what that 1511 01:32:12.840 --> 01:32:15.600 was just the back spasms getting worse progressively. Is that what you're telling the 1512 01:32:15.640 --> 01:32:21.159 jury? Yes, okay, well you'll be well. You have to understand 1513 01:32:21.199 --> 01:32:26.399 is after every surgery, there was immediate relief for a couple of days and 1514 01:32:26.439 --> 01:32:29.159 then I've got a little discomfort or twins. You know, it was either 1515 01:32:29.199 --> 01:32:31.159 you know, maybe we maybe needed to get more aggressive, or maybe we 1516 01:32:31.199 --> 01:32:35.800 needed to do an epidural or facet injections. You know, there were there 1517 01:32:35.800 --> 01:32:40.359 were periods, you know, when there were the maintenance from LSI and the 1518 01:32:40.399 --> 01:32:44.199 doctors. You know, whether it be you know whoever the pains management guy 1519 01:32:44.359 --> 01:32:46.319 was at LSI. I can't even think of his name now, doctor Gruber. 1520 01:32:46.840 --> 01:32:50.359 Gruber Gruber would kind of like give me more of a grace period, 1521 01:32:50.399 --> 01:32:54.560 you know, you know coll of them would you know, when the spasms 1522 01:32:54.560 --> 01:32:58.680 would happen, you give me an epidural or fast injections or radio frequency You'll 1523 01:32:58.720 --> 01:33:00.720 burn the nerves. He would give me a grace period. But then it 1524 01:33:00.800 --> 01:33:03.479 got to the point where none of it worked, so it go worse. 1525 01:33:03.600 --> 01:33:10.119 Is went along. So during these periods between the surgeries, were you actively 1526 01:33:10.159 --> 01:33:14.560 requesting that doctor Gruber help you take the edge off, give you an injection 1527 01:33:14.600 --> 01:33:17.199 to allow you to do what you needed to do to go to Australia to 1528 01:33:17.199 --> 01:33:20.680 appear for TNA to work and earn a living. Did that happen all the 1529 01:33:20.760 --> 01:33:25.760 above? I remember him suggesting maintenance shots or whatever it was, you know, 1530 01:33:25.760 --> 01:33:29.159 epidurals. I remember begging for help. I remember talking to I'm saying, 1531 01:33:29.239 --> 01:33:31.199 I'm so bad. You please do something for me, you know, 1532 01:33:31.359 --> 01:33:34.039 help me. You know I'm either in so much pain, you know, 1533 01:33:34.159 --> 01:33:38.039 or can you give me another uppidurals so I can get through the next two 1534 01:33:38.079 --> 01:33:42.520 weeks. I remember both him suggesting and me begging for relief. I mean, 1535 01:33:42.640 --> 01:33:45.600 you had the Graziana lawsuit in the divorce hanging over your head in two 1536 01:33:45.600 --> 01:33:49.159 thousand and nine, right, I don't recall the date you told our clients 1537 01:33:49.159 --> 01:33:51.439 that you needed you had to get back into the ring, you had to 1538 01:33:51.479 --> 01:33:55.000 work. Did you tell them that I told them I need to keep my 1539 01:33:55.119 --> 01:33:57.680 job. Yes, And you asked for maintenance injections to help you earn a 1540 01:33:57.720 --> 01:34:00.359 living because you knew you were going to have to keep up this life style 1541 01:34:00.439 --> 01:34:02.239 pay for these expenses. Isn't that right? Yeah? I needed to work 1542 01:34:02.279 --> 01:34:05.760 for sure. Do you remember a physician's assistant a doctor Kaphus's office, named 1543 01:34:05.760 --> 01:34:09.720 Steve Stephen Mock. Does that name ring a bell with you, mister Balaia, 1544 01:34:10.000 --> 01:34:12.119 No, okay, all right, I'm gonna go ahead and mark this 1545 01:34:12.159 --> 01:34:14.479 as exhibit four, and your lawyers have been handed a copy. You can 1546 01:34:14.520 --> 01:34:16.920 read that, sir, Exhibit four mark for identification. Do you need these 1547 01:34:17.000 --> 01:34:19.560 or do it? Do you need these? Or do I hang onto these? 1548 01:34:19.720 --> 01:34:21.840 You can hold one of them. The core reporter will take them. 1549 01:34:21.920 --> 01:34:26.640 Okay, And just for the record, this is in October thirteenth, twenty 1550 01:34:26.920 --> 01:34:31.720 ten, clear Water Pain Management Associates Letter to whom it may concern, dictated 1551 01:34:31.880 --> 01:34:36.840 by Demitro's Capos by Steve mack pa. Wait a minute, that's not what 1552 01:34:36.920 --> 01:34:42.079 you gave me in October thirteenth letter. What's that I got in October fifth? 1553 01:34:42.079 --> 01:34:45.279 Progress note? It looks like that's the last exhibit. That's someone you 1554 01:34:45.319 --> 01:34:48.560 just gave me. I'm sorry you want this, dude, I don't have 1555 01:34:48.640 --> 01:34:53.279 that. He's got he's got the right one who you can have my copy? 1556 01:34:53.720 --> 01:34:56.000 Brother, I don't have it in front of me, but I think 1557 01:34:56.000 --> 01:34:58.600 I'm reading from the second page, mister Balaia. He writes in this letter, 1558 01:34:58.960 --> 01:35:02.560 mister mock that given the patient, which would be you, the patients, 1559 01:35:09.920 --> 01:35:14.680 the patient's strenuous work, his celebrity, his contracts to perform certain pay 1560 01:35:14.720 --> 01:35:17.640 per view TV shows and his large following in the wrestling world. It is 1561 01:35:17.720 --> 01:35:21.760 necessary for him to maintain his work and current level of income, which is 1562 01:35:21.760 --> 01:35:26.279 of utmost importance to him and his family, as their expenses recently have been 1563 01:35:26.319 --> 01:35:29.600 great. Is that an accurate reflection of you in your condition as of October 1564 01:35:29.640 --> 01:35:31.720 thirteenth, twenty ten. Well, I don't know if that dated right, 1565 01:35:31.840 --> 01:35:35.920 dude, but that's a pretty active description of where I was at after surgeries, 1566 01:35:35.960 --> 01:35:38.760 you know, when I was on the fedinyl. I mean, can 1567 01:35:38.800 --> 01:35:41.479 we not agree, mister Balia that you needed to do anything you could to 1568 01:35:41.520 --> 01:35:45.000 stay active in working to earn an income and a fusion was not possible for 1569 01:35:45.079 --> 01:35:46.479 you? Then, given your financial condition, can we agree on that? 1570 01:35:47.439 --> 01:35:53.319 What is then the date of the letter October fifteenth? Repeat the question, 1571 01:35:53.359 --> 01:35:57.000 please? Isn't it true, mister Balia that you weren't going to you didn't 1572 01:35:57.000 --> 01:36:00.079 want a fusion. Then in October you needed to pay these debts, you 1573 01:36:00.119 --> 01:36:02.680 needed to pay these expenses, and you needed to try anything you could to 1574 01:36:02.680 --> 01:36:05.239 stay out of that operating room to have a fusion. Isn't that right? 1575 01:36:06.199 --> 01:36:10.720 While at the time the lady that I was working for Dixie Carter was more 1576 01:36:10.760 --> 01:36:14.840 gracious than anybody that I thought would be, and she stuck with me through 1577 01:36:14.840 --> 01:36:17.439 all these surgeries, which I didn't expect, and I explained to her what 1578 01:36:17.520 --> 01:36:21.000 was going on with the surgeries, and at that time, with a spinal 1579 01:36:21.039 --> 01:36:25.439 core simulator and the fentanyl, my main goal was to just try to calm 1580 01:36:25.520 --> 01:36:29.000 things down and neutralize it. But then after I was on the fentanyl, 1581 01:36:29.079 --> 01:36:31.960 my goal switched to get off the drugs because I couldn't remember my wife's name 1582 01:36:32.079 --> 01:36:35.039 or the dog's names. I just you know, I had a hard time 1583 01:36:35.079 --> 01:36:39.239 getting through the day without crying most of the day, so I knew I 1584 01:36:39.239 --> 01:36:42.319 had to get some type of relief, but that was my main focus. 1585 01:36:42.760 --> 01:36:45.760 I don't think that well, to the best of my recollection, I don't 1586 01:36:45.760 --> 01:36:48.520 think a fusion was even in my thought process. I was in so much 1587 01:36:48.560 --> 01:36:53.520 pain during this time. I was trying to figure out how to get back 1588 01:36:53.520 --> 01:36:58.239 to where I could function. But you knew fusion was a possibility. I've 1589 01:36:58.239 --> 01:37:00.920 always known fusion as a possibility. Sure, but it's kind of like taking 1590 01:37:00.960 --> 01:37:04.319 off the table when LSI told me I didn't need one. We'll get to 1591 01:37:04.359 --> 01:37:08.800 that is your testimony that nobody at LSI ever told you, in writing or 1592 01:37:08.880 --> 01:37:11.479 orally you may still have to have a fusion. They never said that to 1593 01:37:11.520 --> 01:37:15.479 you. And my testimony is the day I walked in an LSI, Saint 1594 01:37:15.560 --> 01:37:17.800 Louis and a couple other doctors that were there looked at my pictures and said, 1595 01:37:17.840 --> 01:37:21.479 you definitely don't need a fusion and we can fix you to where you 1596 01:37:21.479 --> 01:37:25.600 can wrestle again. That's my testimony, and that wasn't my question. My 1597 01:37:25.680 --> 01:37:28.199 question was, are you telling this jury that they never told you, in 1598 01:37:28.239 --> 01:37:30.439 writing or orally that despite what we may do for you, mister Balaia, 1599 01:37:30.800 --> 01:37:34.039 you may still need a fusion down the road. Are you talking about the 1600 01:37:34.079 --> 01:37:38.760 first visit now, I'm talking about any time, any visit. Well, 1601 01:37:38.760 --> 01:37:42.079 I recall being with Gruber. You know, he was explaining me if we 1602 01:37:42.119 --> 01:37:45.760 got more aggressive and cut too much bone away. Because I'm not a doctor, 1603 01:37:46.079 --> 01:37:48.600 you know, I was asking questions about, you know, why is 1604 01:37:48.640 --> 01:37:53.079 one hole bigger or smaller than another, and why can't you, you know, 1605 01:37:53.159 --> 01:37:57.319 get these nerves to quit getting pinched and doctor Gruber. So I recall 1606 01:37:57.399 --> 01:38:00.920 doctor Gruber explain to me that if you cut too much bow away, you'll 1607 01:38:00.960 --> 01:38:04.399 compromise the structural integrity of your back, and then you only more aggressive surgery 1608 01:38:04.439 --> 01:38:09.079 ask for I remember, did anybody ever tell you, face to face, 1609 01:38:09.119 --> 01:38:12.279 man to man during any visit to LSI Hulk, mister Balaia, we're trying 1610 01:38:12.279 --> 01:38:15.439 our best, but you may still have to have a fusion. Did anybody 1611 01:38:15.439 --> 01:38:19.319 say anything like that to you? I don't recall that. Do you recall 1612 01:38:19.399 --> 01:38:24.560 any reading anything that was given to you to sign before one of your procedures 1613 01:38:24.560 --> 01:38:28.039 that said, despite what care we provide, patient may still have to have 1614 01:38:28.079 --> 01:38:30.880 an open surgical fusion procedure or a fusion. Do you recall reading that? 1615 01:38:31.199 --> 01:38:34.279 I just recalled being in pain and just signing everything they asked you to sign. 1616 01:38:34.359 --> 01:38:36.720 Didn't did all? Right? So, I mean, isn't your testimony 1617 01:38:36.760 --> 01:38:40.720 that in October if twenty ten, when mister Mock wrote this letter that you 1618 01:38:40.720 --> 01:38:43.680 were in such pain that I mean you essentially could not function, and that 1619 01:38:43.720 --> 01:38:45.319 Dixie was sort of allowing you to sort of stay on the payroll. Is 1620 01:38:45.319 --> 01:38:48.000 that what you testified to what? It's exactly? You know, she told 1621 01:38:48.039 --> 01:38:50.680 me she was siggling me through thick and thin, and that you know I 1622 01:38:50.720 --> 01:38:54.479 had a home there. I mean do you know that the day after that 1623 01:38:54.560 --> 01:38:57.720 letter was written, you appeared on TNA Impact Zone. Did you know that? 1624 01:38:58.680 --> 01:39:00.000 No? I don't have a clue what the schedule was. Okay, 1625 01:39:00.000 --> 01:39:02.159 and you came to the ring, you were on crutches, You threw the 1626 01:39:02.159 --> 01:39:05.279 crutches down, you started arguing with Flair and his team. Do you remember 1627 01:39:05.279 --> 01:39:10.840 any of that? No? I don't cute all right? I mean, 1628 01:39:10.920 --> 01:39:14.720 isn't it true that you were undergoing these procedures and the injection so you could 1629 01:39:14.800 --> 01:39:16.319 keep that presence. You could be the man who came into the ring and 1630 01:39:16.399 --> 01:39:19.079 argued with Flair, And you could be the guy who appeared at the TENA 1631 01:39:19.159 --> 01:39:23.560 events and talked to the crowd and you know, came down with your crutches 1632 01:39:23.560 --> 01:39:26.359 and bound for glory in October twenty ten. I mean, that's why you 1633 01:39:26.439 --> 01:39:29.680 underwent these measures to reduce your pain. Isn't that right? Bro? I 1634 01:39:29.720 --> 01:39:31.039 was trying to keep a job. Yeah. What was done for you at 1635 01:39:31.079 --> 01:39:35.000 Laser Spine Institute and essentially by doctor Kapus allowed you to keep appearing and make 1636 01:39:35.039 --> 01:39:39.560 appearances and go into the ring and fight and yell and scream. I mean 1637 01:39:39.600 --> 01:39:42.520 it allows you to keep your job, right, Well, you know, 1638 01:39:42.560 --> 01:39:45.439 allow me to show up to work and get through the hours. I mean, 1639 01:39:45.479 --> 01:39:48.079 you know there were compromises. I couldn't wrestle. You know, when 1640 01:39:48.119 --> 01:39:50.720 you say the word fight, you know, if you're talking about throwing a 1641 01:39:50.760 --> 01:39:55.720 couple punches, are you know, doing a half hearted, contrived exhibition? 1642 01:39:56.159 --> 01:39:58.560 Yeah? I mean, you know, whether I sat in the back for 1643 01:39:58.640 --> 01:40:00.880 twelve hours, or whether I walked to the ring and talked, or whether 1644 01:40:00.920 --> 01:40:04.760 I sat in the sat in the back for twelve hours, or I walked 1645 01:40:04.760 --> 01:40:08.720 to the ring and threw a crutch down, it was pretty much the same 1646 01:40:08.800 --> 01:40:13.239 long day. It wasn't like I was getting suplexed off the top rope or 1647 01:40:13.279 --> 01:40:15.319 getting slammed in the concrete or any of that, you know, more aggressive 1648 01:40:15.319 --> 01:40:18.000 stuff they told me not to do, which I didn't. But you hadn't 1649 01:40:18.000 --> 01:40:21.000 been doing that for a while before you came to LSI, had you? 1650 01:40:21.359 --> 01:40:25.800 I don't recall you. I know, I was working part time with the 1651 01:40:25.920 --> 01:40:28.920 WWE in and out. You're doing a few pay per views here and there. 1652 01:40:29.159 --> 01:40:31.079 Did did you know that? In July? I mean you were still 1653 01:40:31.079 --> 01:40:36.079 at LSI treating with doctor Bresk in July of twenty ten, and you appeared 1654 01:40:36.119 --> 01:40:40.840 on the Impact Zone, and you came out of the ring with a wrestler 1655 01:40:40.920 --> 01:40:46.640 named Abyss, and Eric tried to stop you. Eric tried to stop you 1656 01:40:47.000 --> 01:40:50.800 from coming in because of your recent back surgery. And you strutted around the 1657 01:40:50.880 --> 01:40:55.760 ring and Bischof held you back and you slapped Abyss and then you grabbed a 1658 01:40:55.840 --> 01:40:58.239 chair and you hit him on the back. I mean, this is physical 1659 01:40:58.239 --> 01:41:00.119 activity. It may not be wrestling to the stent that you're throwing someone off 1660 01:41:00.159 --> 01:41:03.560 the top rope, but you're engaging in physical activity, isn't that right? 1661 01:41:03.880 --> 01:41:08.000 Well, so it's walking and you know, sitting. All that stuff is 1662 01:41:08.159 --> 01:41:11.640 physical activity, brother, but it's minimal activity. You don't get paid for 1663 01:41:11.720 --> 01:41:19.680 walking and sitting though, do you what? Yeah, yeah, I did. 1664 01:41:23.239 --> 01:41:27.119 Well. You got paid also and more money for being in the ring 1665 01:41:27.119 --> 01:41:29.239 and hitting a biss with a chair and having a biss hold you by the 1666 01:41:29.239 --> 01:41:31.760 throat. No, that's not true. I got paid more money if I 1667 01:41:31.840 --> 01:41:35.840 wrestle had made event matches. It was just a was just on a salary. 1668 01:41:36.159 --> 01:41:40.600 So if I walk and I sit and I talked and creatively contributed and 1669 01:41:40.640 --> 01:41:43.960 helped write the shows, I got paid. I didn't get paid more for 1670 01:41:44.119 --> 01:41:45.840 going to the ring I wish I did. No physician has told you, 1671 01:41:45.880 --> 01:41:51.479 have they that because of the treatment you u at LSI, you could not 1672 01:41:51.600 --> 01:41:56.000 wrestle and be the main event to be jumping off the top rope and landing 1673 01:41:56.000 --> 01:41:58.039 on the concrete. I mean, no physician has told you that, have 1674 01:41:58.119 --> 01:42:02.439 they? No? The only advice I was given by the Dale side doctors 1675 01:42:02.560 --> 01:42:05.239 who said I could go to the ring and participate, but take it easy, 1676 01:42:05.439 --> 01:42:08.840 right. And the hopes were always that, you know, after every 1677 01:42:08.880 --> 01:42:12.000 back surgery, and we kept going to the well for more back surgeries, 1678 01:42:12.000 --> 01:42:15.239 at the fourth one or the fifth one or the sixth one would be the 1679 01:42:15.319 --> 01:42:17.119 key to where I could be healthy again. But they kept telling me, 1680 01:42:17.159 --> 01:42:19.720 you know, you don't need a fusion. So that's why I kept going 1681 01:42:19.760 --> 01:42:23.000 back to the well every time it suggests, well, you know, we 1682 01:42:23.000 --> 01:42:26.600 didn't get aggressive enough, or we missed, or we need to go to 1683 01:42:26.600 --> 01:42:29.079 another level, you know, take things to another level, and we need 1684 01:42:29.119 --> 01:42:32.880 to cont decompress a vertebrae. Ill kids just could listen to LSI, who 1685 01:42:32.920 --> 01:42:38.239 I trusted, but because all the backdoctors who I said I needed a fusion, 1686 01:42:38.520 --> 01:42:42.680 said exercise every option you possibly can, right, So lside was an 1687 01:42:42.680 --> 01:42:45.239 option, and they told me I didn't need fusion, and I trusted them. 1688 01:42:45.279 --> 01:42:48.640 And doctor Kapis was an option, and the spinal court stimulator was with 1689 01:42:48.720 --> 01:42:51.319 doctor Joseph. That was an option too, correct, Well, it was 1690 01:42:51.359 --> 01:42:55.079 an option to get me out of pain after the surgeries didn't work. There's 1691 01:42:55.079 --> 01:42:57.319 an option to allow you to work, so you didn't have to go a 1692 01:42:57.359 --> 01:43:00.600 fusion, right, I couldn't have worked at that point point. It was 1693 01:43:00.640 --> 01:43:02.319 an option to get me out of pain. I mean, when I would 1694 01:43:02.359 --> 01:43:05.880 talk about working is different than what you're talking about. I mean, we 1695 01:43:05.920 --> 01:43:09.600 talk about work, we're talking about just going to the ring and walking and 1696 01:43:09.600 --> 01:43:14.079 participating or creatively being involved. You know, when we talked about wrestling, 1697 01:43:14.359 --> 01:43:16.960 I thought they would fix me and I didn't need a fusion. Would I 1698 01:43:16.960 --> 01:43:19.760 would get back to the level of performing where I could generate you know, 1699 01:43:19.840 --> 01:43:24.920 main event revenue. All right, So did doctor Kifis tell you either did 1700 01:43:25.039 --> 01:43:28.319 need a fusion, you did need a fusion, you didn't need a fusion, 1701 01:43:28.640 --> 01:43:30.239 or you might need a fusion if this treatment failed. Was there any 1702 01:43:30.239 --> 01:43:33.560 discussions about that? I'm sure there were, but don't I don't recall those 1703 01:43:33.600 --> 01:43:36.199 discussions. We always knew, didn't you, mister Balais, since you were 1704 01:43:36.239 --> 01:43:40.520 told by doctor Rebay and others that you needed a fusion. You knew in 1705 01:43:40.560 --> 01:43:43.720 two thousand and nine, in two thousand and ten that fusion was an option, 1706 01:43:43.840 --> 01:43:45.920 right, Oh, I knew it was an option. Okay. I 1707 01:43:45.920 --> 01:43:47.520 mean you could have at any time in two thousand nine or two thousand and 1708 01:43:47.520 --> 01:43:50.640 ten say you know what, I'm just I'm going to do the hill Mary, 1709 01:43:50.640 --> 01:43:53.439 I'm going to have the option. I'm going to do the fusion. 1710 01:43:53.479 --> 01:43:56.319 You could have made that decision yourself, correct, Well, I could have, 1711 01:43:56.439 --> 01:43:59.199 but I was trying to do the smart decision. Listen to the doctors 1712 01:43:59.399 --> 01:44:01.920 I said they could fix me, or that you don't need fusion. And 1713 01:44:02.039 --> 01:44:04.720 you were listening to doctors who said you didn't need a fusion, and you 1714 01:44:04.720 --> 01:44:09.000 were listening to yourself. And what you were saying to yourself is what's reflected 1715 01:44:09.000 --> 01:44:12.239 in these records, which is you were under financial pressure and you needed to 1716 01:44:12.319 --> 01:44:15.079 keep the money coming in and you couldn't afford to go through an eight to 1717 01:44:15.119 --> 01:44:17.479 ten hour procedure where you were maybe on your back rehabbing for eight months. 1718 01:44:17.479 --> 01:44:23.359 You couldn't afford that at that time could you what time are we talking about? 1719 01:44:23.720 --> 01:44:26.000 Yeah, I don't know what he's talking about. Brother. From the 1720 01:44:26.039 --> 01:44:29.600 time you walk in lsi's doors on February twenty, fifteen, thousand and nine, 1721 01:44:29.800 --> 01:44:32.560 to your last procedure before your fusion surgery with the spinal cord stimulator in 1722 01:44:32.640 --> 01:44:35.640 doctor Capus, you knew at any time you could say, you know what, 1723 01:44:36.199 --> 01:44:40.720 I'm not going to have any more objection injections, no more procedures. 1724 01:44:40.840 --> 01:44:44.479 I'm going to have a fusion. You could have done that. I could 1725 01:44:44.479 --> 01:44:47.119 have, but I didn't because I was listening to the doctors at ls High 1726 01:44:47.479 --> 01:44:50.479 that said I didn't need that and they could fix me. And you were 1727 01:44:50.520 --> 01:44:54.479 listening to yourself, as is reflected in these records that you and I have 1728 01:44:54.520 --> 01:44:57.439 just looked at that you needed to stay on your feet and needed to earn 1729 01:44:57.479 --> 01:45:00.359 an income and you couldn't financially bear a fusion seizure in two thousand nine or 1730 01:45:00.359 --> 01:45:03.239 two thousand and ten because you knew, based on what doctor you Rebay told 1731 01:45:03.279 --> 01:45:08.119 you that you would have been on your back, rehabbing, recovering for eight 1732 01:45:08.239 --> 01:45:11.640 months and you couldn't do that. Let me object, that's an ambiguous question. 1733 01:45:11.680 --> 01:45:15.880 I don't know that anybody knows what listening stopped coaching And mister Floren, 1734 01:45:15.079 --> 01:45:17.960 what do you mean by please stop coaching him? What do you mean listening 1735 01:45:18.000 --> 01:45:21.399 to object to the form? I'm going to object to the form. It's 1736 01:45:21.439 --> 01:45:26.079 ambiguous. What do you mean by listening to yourself? You're going to get 1737 01:45:26.079 --> 01:45:28.880 in trouble, mister Floren. You can raise any issue you want with the 1738 01:45:28.920 --> 01:45:34.039 court. It's also a compound question, do you mister Bella. Isn't it 1739 01:45:34.039 --> 01:45:38.439 true that during the years two thousand and nine two ten you were making the 1740 01:45:38.479 --> 01:45:42.520 decision on your own because of your financial condition, not to have a fusion 1741 01:45:42.640 --> 01:45:51.239 procedure. It's not true. Okay, Well, your testimony to this jury 1742 01:45:51.319 --> 01:45:55.279 is that you completely put your healthcare in the hands of the physicians and you 1743 01:45:55.319 --> 01:45:58.079 had no role in the healthcare decision making. Is that your testimony? No, 1744 01:45:58.159 --> 01:46:00.039 it's not my testimony. Did you know at the time you were a 1745 01:46:00.039 --> 01:46:04.119 patient at LSI that you could have had a spinal fusion procedure? You could 1746 01:46:04.119 --> 01:46:09.680 have gone back to doctor yuribay I could have, but there was no reason 1747 01:46:09.720 --> 01:46:12.800 too because they said they would fix me and didn't need a fusion. They 1748 01:46:12.880 --> 01:46:14.920 kept telling me you, oh, you don't need a fusion. They didn't. 1749 01:46:15.479 --> 01:46:17.720 Did you want to have a fusion during that No, I didn't want 1750 01:46:17.720 --> 01:46:21.680 to have a fusion because they said they could fix me with this minimal invasive 1751 01:46:21.720 --> 01:46:26.079 surgery. So that's why I stated with AlSi, because they kept telling me 1752 01:46:26.079 --> 01:46:29.000 they could fix me. And even after Saint Louis, after the third surgery, 1753 01:46:29.000 --> 01:46:31.159 he said he couldn't help me. That's when That's when that's when Brewski 1754 01:46:31.239 --> 01:46:34.880 came said I can fix you. So that's when I had three more surgeries, 1755 01:46:35.119 --> 01:46:39.000 and at that time I wanted to keep my job. All I knew 1756 01:46:39.079 --> 01:46:42.680 was what I knew at the time. If I would have known that Dixie 1757 01:46:42.720 --> 01:46:45.479 Carter was so understanding and God or LSI would have told me, you need 1758 01:46:45.479 --> 01:46:50.199 a fusion, and I knew if I would have known Dixie was so understanding, 1759 01:46:50.439 --> 01:46:54.479 well, then I could have had the fusion done and I could have 1760 01:46:54.479 --> 01:46:58.399 had the four to six to eight months or six months grace period, because 1761 01:46:58.640 --> 01:47:01.520 Urina said could be on my feet in four to six months. But I 1762 01:47:01.520 --> 01:47:04.439 didn't know that at the time. I didn't know Dixie Carter well enough to 1763 01:47:04.479 --> 01:47:06.960 say, hey, you God, I have a fusion and be gone for 1764 01:47:08.000 --> 01:47:10.520 eight months. It was only after I had several surgeries. You told me, 1765 01:47:10.520 --> 01:47:12.960 no, I'm in your court, you know, and you've got and 1766 01:47:12.960 --> 01:47:15.560 you've got a home here. I only knew what I knew at the time, 1767 01:47:15.840 --> 01:47:18.560 but no one told me any different. You know, if they would 1768 01:47:18.600 --> 01:47:21.039 have told me, or if Ellis I would have told man after the surgery, 1769 01:47:21.079 --> 01:47:24.479 hey, you know we did our best. You know you need a 1770 01:47:24.479 --> 01:47:27.199 fusion. I would have had to approach Jessie Carter and I would have been 1771 01:47:27.199 --> 01:47:31.439 forced ask her. But I never happened. Is am I correct? Incorrect? 1772 01:47:31.479 --> 01:47:34.439 Mister Balaia, that your financial situation as it existed in two thousand and 1773 01:47:34.520 --> 01:47:38.560 nine and two thousand and ten, Is it your testimony that didn't play any 1774 01:47:38.640 --> 01:47:42.800 role whatsoever in your decision not to have a fusion procedure. During those two 1775 01:47:42.840 --> 01:47:46.199 calendar years two thousand and nine two ten, elisi was maintaining me where I 1776 01:47:46.199 --> 01:47:49.680 could go to work. Elisid told me they could fix me. I had 1777 01:47:49.720 --> 01:47:54.399 money coming in because Eliside was maintaining me. So at that time the money 1778 01:47:54.520 --> 01:47:58.439 was coming in. Everything was copasetic. I was paying my bills. I 1779 01:47:58.479 --> 01:48:00.720 focused on getting healthy, you know, knowing that elis I would fix me 1780 01:48:00.760 --> 01:48:04.079 because they said they could. You know, so I didn't have any have 1781 01:48:04.199 --> 01:48:08.680 surgery because of the financial situation. Like they're like, they're you're trying to 1782 01:48:08.720 --> 01:48:11.680 portray it. That's not true. You know, money was coming in. 1783 01:48:11.760 --> 01:48:15.359 I had a contract, and I didn't make surgery decisions depending on whether I 1784 01:48:15.399 --> 01:48:17.119 had an income coming in or not. Did doctor Kyphis tell you he could 1785 01:48:17.119 --> 01:48:20.319 fix you. I don't recall him saying he could fix me. I recall 1786 01:48:20.399 --> 01:48:24.520 him said that the spinal cord stimulator should take the edge off the pain. 1787 01:48:24.640 --> 01:48:26.920 Just to give your heads out, I propose it's tend to two at noon, 1788 01:48:26.920 --> 01:48:29.720 we would take a lunch break. Yeah, sounds good. It doesn't 1789 01:48:29.760 --> 01:48:30.800 need to be exactly at noon. Well, i'll finish up with this area 1790 01:48:30.800 --> 01:48:34.840 of question. We'll get up to the surgery. Did you did you tell 1791 01:48:34.880 --> 01:48:39.640 doctor Kaphis or anybody in his office at some point the spine stimulator was not 1792 01:48:39.720 --> 01:48:42.399 helping you. Yeah. I don't recall tell you anybody in his office. 1793 01:48:42.479 --> 01:48:46.000 I told doctor Cutofflins that I hadn't been using it for a while. You 1794 01:48:46.039 --> 01:48:50.159 know, after the fusion, the pain kind of subsided and I didn't need 1795 01:48:50.199 --> 01:48:53.800 to turn it on all the time. Okay, before the fusion were you 1796 01:48:54.039 --> 01:48:58.079 and after you got the spinal stimulator, was your condition better, worse, 1797 01:48:58.279 --> 01:49:00.960 or the same than it had been when you first showed up in doctor Kaphus's 1798 01:49:01.039 --> 01:49:04.359 office. It was It was pretty much the same, except if I have 1799 01:49:04.439 --> 01:49:09.680 the stimulator turn on really high to where it would make it so you couldn't 1800 01:49:09.680 --> 01:49:12.479 think or you couldn't lay down, you know, it would take the pain 1801 01:49:12.560 --> 01:49:15.800 away temporarily or take the edge off. My condition was about the same, 1802 01:49:16.159 --> 01:49:19.279 but I had to turn the thing up so high that it felt like I 1803 01:49:19.319 --> 01:49:24.319 was vibrating. It would end it would send shocks down your legs, and 1804 01:49:24.439 --> 01:49:28.039 to put it on the comfort level where most people would put it, it 1805 01:49:28.119 --> 01:49:30.399 didn't work for me. So I would jack the thing up, but it 1806 01:49:30.399 --> 01:49:33.800 would, you know, it almost rattle your teeth with electricity or whatever the 1807 01:49:33.880 --> 01:49:38.680 thing was. So the pain was still the same. It just would take 1808 01:49:38.720 --> 01:49:41.760 the edge off. So I want to turn the thing up for a short 1809 01:49:41.760 --> 01:49:44.479 period of time. So after you had the stimulator place, say you know 1810 01:49:44.640 --> 01:49:47.439 this period of time October in November December twenty what were you doing kind of 1811 01:49:47.479 --> 01:49:49.520 on a day to day basis. Were you still going to work? Were 1812 01:49:49.560 --> 01:49:51.840 you able to go to the office, able to exercise, work out in 1813 01:49:51.840 --> 01:49:56.119 the gym. No, I don't recall what I was doing every day. 1814 01:49:56.239 --> 01:49:59.439 Okay. Do you recall specifically if you weren't in what they call intractable pain, 1815 01:49:59.479 --> 01:50:00.920 meaning you weren't laying at home, sleeping, laying in the lounge for 1816 01:50:01.239 --> 01:50:03.720 ten to twelve hours a day. Do you remember that being the case in 1817 01:50:03.760 --> 01:50:06.359 October, November, December two thousand and ten. You know, I don't 1818 01:50:06.399 --> 01:50:11.560 recall dates, dude, but I all all I know is I wasn't in 1819 01:50:11.680 --> 01:50:15.680 this lounge share and excruciating pain. I made an effort to show up in 1820 01:50:15.840 --> 01:50:18.279 Orlando for the TV tapings that would happen, so sometimes once a week, 1821 01:50:18.359 --> 01:50:21.199 sometimes every three weeks. Is that where TENA was taping? Was over in 1822 01:50:21.359 --> 01:50:25.760 Orlando? Yes? Okay, And you told us already you and Jennifer were 1823 01:50:25.760 --> 01:50:29.760 married December fourteenth of twenty and ten. Yes, where was that wedding? 1824 01:50:30.279 --> 01:50:31.520 Was that my house? The house that you live in now? No? 1825 01:50:31.920 --> 01:50:35.359 Was it in the bel Air House? No? Which house? It was 1826 01:50:35.399 --> 01:50:40.159 a rental house on Clearwater Beach. I couldn't leave the house at the time 1827 01:50:40.439 --> 01:50:43.640 it was, you know, because there were good and bad days. It 1828 01:50:43.720 --> 01:50:45.960 was smarter to have the wedding at the house because if we planted everything somewhere 1829 01:50:45.960 --> 01:50:49.439 else, like a different, different facility, we were afraid that if I 1830 01:50:49.479 --> 01:50:54.039 had to stand too long or walk too long, or if it was a 1831 01:50:54.079 --> 01:50:57.399 bad day, it might not happen. So we thought it was best to 1832 01:50:57.439 --> 01:51:00.079 have it at the house. Where is doctor or at that time? And 1833 01:51:00.119 --> 01:51:03.520 where was doctor Caphus's and the office of Clearwater Pain Management? How far away 1834 01:51:04.239 --> 01:51:09.039 was from your house? Oh? My car, it was probably two two 1835 01:51:09.079 --> 01:51:11.800 and a half minutes. There's no traffic. So how many people came to 1836 01:51:11.800 --> 01:51:14.359 your wedding? Was it a big wedding? Small wedding? Very small? 1837 01:51:14.399 --> 01:51:17.239 Approximate ballpark number of people there? Yeah? It was my wife and I 1838 01:51:17.279 --> 01:51:19.680 of course, you know, the minister and his wife from Los Angeles, 1839 01:51:19.680 --> 01:51:24.000 and my son and daughter. That's it. There was no Chapman wasn't there, 1840 01:51:24.079 --> 01:51:26.840 Farmer wasn't there? No? Okay. Did you have any kind of 1841 01:51:26.880 --> 01:51:30.560 celebration to any party in your reception afterwards? No? Okay? So how 1842 01:51:30.560 --> 01:51:32.119 were you doing physically at that time? You said you were having good days 1843 01:51:32.119 --> 01:51:35.920 and bad days, and good days in bad days. On the day of 1844 01:51:35.960 --> 01:51:40.239 the wedding, was a good day because I stood up probably for a half 1845 01:51:40.279 --> 01:51:43.760 hour at this time. Mister Bala, did you have any assistive device like 1846 01:51:43.800 --> 01:51:46.159 a wheelchair that you had to use occasionally? Yeah? I did? You 1847 01:51:46.239 --> 01:51:49.680 did? What did you have? I had a walker? Walker who would 1848 01:51:49.680 --> 01:51:53.159 prescribe that to you or given that to you. I don't recall. How 1849 01:51:53.159 --> 01:51:55.680 did you end up getting back to doctor? Is it Vail? That's how 1850 01:51:55.720 --> 01:51:59.319 you say his name? Yeah, Veil in doctor your rebay. They performed 1851 01:51:59.319 --> 01:52:00.720 the surgery, talk about the surgery after lunch. But how did you end 1852 01:52:00.800 --> 01:52:03.960 up going back to them? I don't really recall. You know, it 1853 01:52:04.039 --> 01:52:08.680 was the point where the pain was just so far over the top. The 1854 01:52:08.720 --> 01:52:12.319 spinal corese simulator didn't offer enough relief to have a normal life. You know. 1855 01:52:12.359 --> 01:52:15.119 I got to the point where I told Jennifer I'd rather be dead than 1856 01:52:15.159 --> 01:52:18.319 taking all these drugs because I couldn't remember things and just emotionally was on a 1857 01:52:18.399 --> 01:52:23.359 roller coaster. How could you know? You know, watching you temporarily take 1858 01:52:23.720 --> 01:52:29.119 or take the edge off my condition was about the same. Oh did I 1859 01:52:29.159 --> 01:52:41.800 go? Where'd I got? Ye? You? Une? Twenty? Oh? 1860 01:52:42.039 --> 01:52:47.520 Wait? Okay, oh there we go? You know, I don't 1861 01:52:47.560 --> 01:52:50.199 recall It was the point where the pain was just so far over the top. 1862 01:52:50.520 --> 01:52:54.640 The spinal corese simulator didn't offer enough relief to have a normal life. 1863 01:52:54.920 --> 01:52:57.720 I got to the point where I told Jennifer I'd rather be dead than taking 1864 01:52:57.760 --> 01:53:00.319 all these drugs because I couldn't remember things. Just emotionally was on a roller 1865 01:53:00.319 --> 01:53:02.880 coaster. You know, I could be you know, you know, watching 1866 01:53:02.960 --> 01:53:06.359 you right here with your pen and you had to start crying for no reason. 1867 01:53:06.399 --> 01:53:09.159 And I just told her, I just, you know, I can't 1868 01:53:09.199 --> 01:53:13.199 take it anymore. I just remember reaching out to Veil how to sell number, 1869 01:53:13.199 --> 01:53:15.319 and I said I need the spinal fusion, and he repeated what he 1870 01:53:15.359 --> 01:53:18.600 told me before when I left the cancel the surgery, says I told you 1871 01:53:18.600 --> 01:53:23.000 you'd be back. Huh, because I canceled the surgery. And when I 1872 01:53:23.039 --> 01:53:25.960 told him, you know what I was going to do with the laser spine, 1873 01:53:26.000 --> 01:53:29.319 he goes, you'll be back. And Chapman, Steve Chapman originally referred 1874 01:53:29.319 --> 01:53:31.760 to you to doctor Valley back before the laser spine. Is that right, 1875 01:53:31.960 --> 01:53:35.279 Yeah? Yeah, because doctor Vail was head trauma surgeon, right, And 1876 01:53:35.319 --> 01:53:39.960 I looked him up and I asked him to come check on John Graziano for 1877 01:53:40.079 --> 01:53:43.359 me because we didn't feel he was getting proper treatment where he was at. 1878 01:53:43.680 --> 01:53:45.880 Then when I was getting all these you know, opinions about my back and 1879 01:53:45.960 --> 01:53:48.920 getting fusions, Chapman told me, well, you know you already know the 1880 01:53:48.960 --> 01:53:53.600 best back surgery in the in the country. It's doctor Veil. I said, 1881 01:53:53.640 --> 01:53:56.720 that's crazy. I thought he did the head trauma, so I called 1882 01:53:56.760 --> 01:53:58.560 Veil up. He says, no, no, I don't. I'm not 1883 01:53:58.640 --> 01:54:01.720 the head back specialist, but I do work with you know, wand Urubie, 1884 01:54:02.239 --> 01:54:05.159 who was the number one guy, and I asked I assist him on 1885 01:54:05.239 --> 01:54:09.920 different surgeries. That's how I got back there. Okay, let's go ahead 1886 01:54:09.960 --> 01:54:12.560 and break. What do you want an hour? The time is eleven fifty 1887 01:54:12.600 --> 01:54:15.560 three. We're off the record. Lunch recess