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Defense Response to Government Daubert Motion

Sir,  

This is the defense response to the referenced motion.

Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 12, 1st Floor, MCRD, San Diego, CA 92140

This email may contain Attorney Work Product.  Please delete if you received
this message in error.
 

Attachment: Encl D Jessica Brooder Statement.TIF
Description: Binary data

Attachment: Encl C - gov expt approval OBGYN.PDF
Description: Adobe PDF document

--- Begin Message --- 
CAPT Hur,
In follow-up to our conversation on 22 Mar 2010, a tampon may end up deeply 
placed (or high up) in the vaginal canal for several reasons.  Sexual
intercourse can dispace the tampon deeper inside, as can other kinds of sexual 
activity (digital manipulation, use of foreign objects).  In other cases, some 
individuals will insert a second tampon, forgetting they already had a tampon 
in place, thus forcing the first tampon higher up the canal.  Another 
potential reason might include anatomic distortion (due to tumors or rectal 
distension) of the vaginal canal that pushes the tampon up the canal.  And, 
some patients report being unable to retrieve tampons in the absence of any 
identifiable cause (so they see their doctors for assistance), suggesting 
migration up the canal due normal physical activity.
	Of note, I was unable to find any research literature on this topic, so the 
opinion here is based on clinical and anecdotal experience.  I reviewed this 
reply with 5 of my colleagues, all Board Certified ObGyns (I did not share any 
details of the case), and they concur with this opinion.
V/R
CAPT Wm. M. Leininger, MC, USN
Ob/Gyn Residency Program Director, NMCSD
Dept Ph: 619-532-7004
Dept Fax: 619-532-6587


-----Original Message-----
From: Hur Capt Christian P [mailto:christian.hur@usmc.mil]
Sent: Monday, March 22, 2010 6:31 PM
To: Leininger, William M CAPT
Subject: RE: US v. Wacker: EXPERT WITNESS REQUEST

Sir,

Page 7 of the attached concerns the portion about the tampon and the vaginal
canal.  Please feel free to comment Sir via email as to whether or not such
a tampon could be shoved deep up inside the vaginal canal absent sexual
intercourse or not?  Thank you Sir.


Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 7W, 2nd Floor, Parade Deck, MCRD, San Diego,
CA 92140

This email may contain Attorney Work Product.  Please delete if you received
this message in error.

-----Original Message-----
From: Leininger, William M CAPT [mailto:William.Leininger@med.navy.mil]
Sent: Monday, March 22, 2010 10:03
To: Hur Capt Christian P
Subject: RE: US v. Wacker: EXPERT WITNESS REQUEST

I'm available at 619-532-9596 for most of this morning.  Otherwise, pager at
888-213-5438 (leave a call back number) is the best way to reach me.
Unfortunately, my cell phone doesn't have coverage inside the hospital.

This afternoon, I'm in clinic, but can schedule a time to talk after 1630.
For tomorrow, I'm available from 0930-11300, and from 1500 on.
R/
Dr. Leininger

-----Original Message-----
From: Hur Capt Christian P [mailto:christian.hur@usmc.mil]
Sent: Friday, March 19, 2010 3:43 PM
To: Leininger, William M CAPT
Cc: farajh@gmail.com
Subject: US v. Wacker: EXPERT WITNESS REQUEST

CAPT Leininger (Sir),

I understand that you are available to be an OBGYN expert for Capt Wacker's
article 32 hearing commencing next week on 25 and 26 March at Miramar.  The
question we needed your assistance on is whether or not a tampon could
navigate up the vaginal canal absent sexual intercourse.  I understand from
speaking with CDR Lovettee Robinson, USN, ret., SANE, that the answer is
yes.

Do you have a cell phone Sir that I can use to call you?

AS previously discussed
Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 7W, 2nd Floor, Parade Deck, MCRD, San Diego,
CA 92140

This email may contain Attorney Work Product.  Please delete if you received
this message in error.

-----Original Message-----
From: Debra.Arsenault@med.navy.mil [mailto:Debra.Arsenault@med.navy.mil]
Sent: Friday, January 29, 2010 13:56
To: Hur Capt Christian P; Michele.Davis@med.navy.mil
Cc: William.Leininger@med.navy.mil
Subject: RE: EXPERT WITNESS REQUEST

LN1 Davis and Capt Hur,
Unfortunately CAPT Fitzgerald is not available on March 24th for the Article
32, but CAPT William Leininger is available and standing by to assist. I
have cc'ed him on this email and will provide him with the prior emails
delineating the basics of the case in preparation for his telephonic
testimony.
Thank you both for your understanding.

r/daa
CAPT Debra Arsenault, DO, FACOG
Chairman, Department OB/GYN
Naval Medical Center San Diego
O: 619-532-7004
P: 888-617-9848


-----Original Message-----
From: Hur Capt Christian P [mailto:christian.hur@usmc.mil]
Sent: Friday, January 29, 2010 10:35 AM
To: Davis, Michele J. LN1; Arsenault, Debra A. CAPT
Subject: RE: EXPERT WITNESS REQUEST

 Thank you for the support.  Telephonic testimony will be fine for the 32 on
the 24th of March.


Christian P. Hur
Captain, USMC
Senior Defense Counsel
Telephone:  (619) 524-8713
Fax:  (619) 524-6784
Address:  Defense Section, Bldg 7W, 2nd Floor, Parade Deck, MCRD, San Diego,
CA 92140

This email may contain Attorney Work Product.  Please delete if you received
this message in error.

-----Original Message-----
From: Michele.Davis@med.navy.mil [mailto:Michele.Davis@med.navy.mil]
Sent: Friday, January 29, 2010 10:10
To: Debra.Arsenault@med.navy.mil
Cc: Hur Capt Christian P
Subject: FW: EXPERT WITNESS REQUEST

CAPT,

I have attached the witness request form for this expert witness.  I
understand LT Klimpel's medical situation precludes her from attending this
request.  When I spoke to you this morning you stated you may have a
replacement for her.  Please contact me if or when you contact retired
Captain Deborah Fitzgerald to see if she may be interested in this case.  I
did speak to Captain Hur and he stated there will be an Article 32 on 24
March 2010, Captain Fitzgerald will be testifying in reference to a
situation on the use and applications of a female tampon.  Captain
Fitzgerald can testify by phone, for the Article 32, if she is available.
Thank you for your assistance in this matter.

V/R
LN1 Michele J. Davis
LPO NMW
Naval Medical Center San Diego
34800 Bob Wilson Drive
San Diego, California 92134
(619)532-5610
(619)532-6475
Michele.Davis@med.navy.mil

-----Original Message-----
From: Hur Capt Christian P [mailto:christian.hur@usmc.mil]
Sent: Monday, November 09, 2009 4:49 PM
To: Davis, Michele J. LN1
Subject: RE: EXPERT WITNESS REQUEST

 LN1 Davis:

I am the defense counsel in need of an OBGYN expert witness please.

My office contact is below and my cell phone is 7602072625.  Please have LT
Jennifer Klimpel call me or email me her information and I'll call her.
Thank you.


Christian P. Hur
Captain, USMC
Defense Counsel
Telephone:  6195248713
Address:  Defense Section, Bldg 7W, 2nd Floor, Parade Deck, MCRD, San Diego,
CA 92140

This email may contain Attorney Work Product.  Please delete if you received
this message in error.

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--- End Message ---

Attachment: ENCL A - Curriculum Vitae Leininger Jan 2010.doc
Description: MS-Word document

Attachment: Defense response to gov mot Daubert OB-GYN1.pdf
Description: Adobe PDF document

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