It's always been my opinion that Jonah called Howard Luber not just for the emotional support of a good friend during a crisis, but to have him help interpret the medical information that they were being given about Max's condition in the early hours. A second set of educated eyes and ears, to help Jonah understand if things were really as dire, and the prognosis as grim, as the doctors were most assuredly, IMO, telling him and Dina. Someone to offer an educated perspective on the medical information, help him think about pertinent questions to ask the ICU doctors, etc.
I think Lisa Luber's affidavit could be a voluntary statement of what she knew when Howard was first contacted by Jonah about the accident-- in essence, the reason for Howard's abrupt trip to California, along with when he departed and returned. She doesn't really need to be deposed, since she doesn't probably have much information other than that, IMO.
I will not get into a protracted discussion or debate anymore of why I'm so certain the doctors were painting such a grim picture. If anyone has any doubts, it's all in the discussion in the EMS report thread from several years ago. The EMS report, which Dina so helpfully posted as a public document on the internet, outlines exactly how grim things were at the time of admission to Rady. Any health care professional with even a small amount of knowledge and experience about pediatric trauma, can read that document, and know with certainty how grim the entire scenario was right from the beginning of Max's admission to Rady. The rest of Max's medical records contain even more information, and those will be able to be subpoenaed for this wrongful death suit, IMO. They are evidence of who knew what and when, and that goes to the revenge motive for Rebecca's murder.
Statistics don't lie, and there is just no way, none at all, IMO, that the highly experienced Rady ER and ICU docs were painting a hopeful picture, or even a "wait and see-- it might be ok" picture for Dina and Jonah, in the earliest hours. This was an overwhelmingly devastating situation-- the head injury alone was bad enough, but compounded with the very protracted (30 min at least) cardiac arrest situation, it was exceptionally grim. His brain was devastatingly injured, but his heart had been resuscitated. Dina and Jonah definitely knew that right away, IMO. And the evidence of the high spinal cord contusion would have been evident by MRI within hours of admission, certainly at 12 hours, from what specialists have told me.
It's always been my opinion that Max's grim prognosis quickly became the motive for Rebecca's murder, as it became clearer over the early hours of tests how bad things were for Max. IMO, the murderer/s knew Max was almost certainly going to die, or at best, live in a ventilator dependent vegetative state. Rebecca became the target for that rage and pain and grief, and the murderer/s exacted their revenge. I believe that if Max had fallen differently, and had "only" broken his arms or legs, for example, but was expected to recover, Rebecca would still be alive today. I also believe that if Max had been conscious, or even expected to improve in the early hours, Dina never would have left his side. JMO. Most parents, in my experience, who believe their child might improve, or wake up, never leave their side in the early hours of an ICU admission.
http://www.websleuths.com/forums/showthread.php?185699-Max-Shacknai-EMS-Report
