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The plaintiff was visibly uncomfortable. She wouldn’t look at the defense lawyer as he ran through his deposition questions: "How large were your breasts before the surgery?" "What size did you want them to be?" "Why did you want them to be that size?" The plaintiff shifted in her seat and avoided eye contact as she responded, her replies pierced with defensiveness. "It was awkward," says Marla Persky, the chief of litigation at Baxter Healthcare Corporation at the time, who was sitting at the defense counsel’s table.

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