Deposition fun in the Bluetooth case
It had been a few years since I took a deposition, so it was refreshing to see that I wasn’t as rusty as I was worried I’d be. Here’s the plaintiffs’ expert testifying about the value of the injunctive relief.
Q: So it is your opinion that only a trained audiologist with experience knows whether or not it is unsafe to listen to a device at a high volume level?
MR. HART: I object to the form of the question.
A: It’s my opinion that outside of those rare individuals who are able to educate themselves to such a high degree that no one would be able to determine whether the level at which they’re listening is relatively safe or relatively unsafe.
Q: So even after you’ve warned your patients, they might be listening to the Bluetooth device at unsafe levels?
A: No, because I would be able to provide them with detailed enough information to help them to use the device in a safe manner.
Q: What is that detailed information that is required for them to use the device in a safe manner?
A: The actual output level of the device in their ear at a given volume control setting, which is something that I can measure with my equipment and my — in my clinic.
Q: And do the warnings provided in this settlement provide that detailed information?
A: To my knowledge, they don’t.