Alan Acord
11 ALAN J. ACORD,
12 CALLED BY THE PLAINTIFF, HAVING BEEN FIRST DULY
13 SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
14 DIRECT EXAMINATION
15 BY MR. MAJOR:
16 Q. WILL YOU STATE YOUR NAME --
17 A. ALAN J. ACORD.
18 Q. -- FOR THE RECORD, PLEASE. AND WHERE DO YOU LIVE,
19 MR. ACORD?
20 A. I LIVE IN LAYTON.
21 Q. AND WHERE DO YOU WORK?
22 A. PARTIALLY IN BRIGHAM AND A LITTLE BIT IN OGDEN AND ALL
23 POINTS IN BETWEEN.
24 Q. AND WHAT IS YOUR OCCUPATION?
25 A. I AM A PHYSICAL THERAPIST.
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1 Q. AND HOW LONG HAVE YOU BEEN A PHYSICAL THERAPIST?
2 A. ALMOST EIGHT YEARS.
3 Q. AND WHAT TYPE OF TRAINING HAVE YOU HAD?
4 A. IT'S A BACHELOR PROGRAM AT THE UNIVERSITY OF UTAH,
5 COMPLETED THAT AND WITHIN THAT HAD SOME INTERNSHIPS IN
6 HOSPITALS AND...
7 Q. WHEN DID YOU COMPLETE YOUR BACHELOR'S DEGREE?
8 A. IT WAS IN 1992.
9 Q. AND WHERE DID YOU WORK AFTER YOU GRADUATED IN 1992?
10 A. I STARTED IN OGDEN AT A LONG-TERM CARE FACILITY THERE.
11 Q. AND HOW LONG DID YOU WORK THERE?
12 A. ABOUT TWO AND A HALF YEARS.
13 Q. AND THEN WHERE DID YOU GO?
14 A. THEN I BEGAN WORK UP IN BRIGHAM UP AT THE PIONEER CARE
15 CENTER UP IN BRIGHAM.
16 Q. WHAT WERE YOUR DUTIES AT THE PIONEER CARE CENTER?
17 A. DUTIES INCLUDED EVALUATING PATIENTS THAT CAME IN ON FROM
18 THE HOSPITAL ON A MEDICARE BASIS AS WELL AS TAKING CARE OF
19 THE CONCERNS OF THE LONG-TERM PATIENTS WITHIN THE FACILITY.
20 Q. OKAY. AND HOW LONG HAVE YOU WORKED THERE?
21 A. I'M STILL THERE.
22 Q. OKAY. HOW MANY PHYSICAL THERAPISTS WORK THERE?
23 A. JUST ME.
24 Q. I WOULD LIKE TO CALL YOUR ATTENTION BACK TO BETWEEN JUNE
25 OF 1995 AND DECEMBER OF 1995 AND ASK, WERE YOU WORKING FOR
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1 THE PIONEER CARE CENTER DURING THAT PERIOD OF TIME?
2 A. I WAS. I ACTUALLY WORKED FOR A CONTRACT COMPANY CALLED
3 MOUNTAIN LAND REHABILITATION THAT CONTRACTS WITH THE
4 FACILITY THERE.
5 Q. AND DURING THAT PERIOD OF TIME, DID YOU HAVE AN
6 OPPORTUNITY TO MEET ELLEN ANDERSON?
7 A. I DID.
8 Q. AND WHAT WAS THE REASON FOR YOU MEETING ELLEN ANDERSON?
9 A. ELLEN CAME IN FOR REHABILITATIVE SERVICES FOR A
10 FRACTURED RIGHT FEMORAL HIP WITH A WHAT THEY CALLED A
11 HEMIARTHROPLASTY.
12 Q. DO YOU RECALL APPROXIMATELY WHEN SHE CAME IN?
13 A. IT WAS THE END OF JUNE. I COULDN'T REMEMBER THE DATES.
14 I'M SURE THAT THE DATES ARE ON MY NOTES, SO SOMEWHERE
15 TOWARDS THE END OF JUNE.
16 Q. AND WHEN SHE CAME IN, THAT PERIOD OF TIME, WHAT, IF
17 ANYTHING, DID YOU DO? WHAT WAS YOUR RELATIONSHIP WITH HER?
18 A. BASICALLY WHEN SHE CAME IN I EVALUATED HER AS A PHYSICAL
19 THERAPIST TO SEE WHAT HER FUNCTIONAL ABILITIES WERE IN BED
20 MOBILITY, BEING ABLE TO GET UP, BEING ABLE TO AMBULATE, AND
21 STRENGTH CONCERNS AS FAR AS HER FUNCTIONING IS.
22 Q. AND WHAT DID YOU FIND AS FAR AS THOSE TYPE OF THINGS
23 WITH ELLEN ANDERSON?
24 A. DEFINITELY BECAUSE OF, YOU KNOW, THE HIP FRACTURE AND
25 THE RESULTANT HEMIARTHROPLASTY, SHE HAD SOME FUNCTIONAL
741
1 DEFICITS IN ALL OF THOSE AREAS, AND WE PROCEEDED TO PUT A
2 PLAN IN PLACE TO GET HER BACK TO WHAT HER PRIOR LEVEL OF
3 FUNCTIONING WAS.
4 Q. AND WHAT TYPE OF TREATMENT DID YOU BEGIN WITH HER?
5 A. MOSTLY INITIAL STAGES IN STRENGTHENING THE RIGHT LOWER
6 EXTREMITY AND BEGINNING SOME GAIT SKILLS. I BELIEVE WITH
7 HER I STARTED IN THE PARALLEL BARS JUST TO GET HER UP AND
8 SEE HOW SHE WOULD DO IN A WEIGHTBEARING MODE AND THEN
9 WORKING ON SOME BED MOBILITY AND SOME TRANSFER SO THE STAFF
10 COULD BE ABLE TO MOVE HER AROUND WITHIN THE FACILITY.
11 Q. AND HOW OFTEN WOULD YOU DO THIS?
12 A. I BELIEVE BACK THEN WE WERE DOING TWICE-A-DAY
13 TREATMENTS.
14 Q. TWICE A DAY?
15 A. YES.
16 Q. HOW LONG DID YOU DO TWICE-A-DAY TREATMENTS?
17 A. IT WOULD VARY. DEPENDING ON HOW ELLEN RESPONDED TO
18 TREATMENT BUT USUALLY ABOUT A HALF HOUR IN THE MORNING AND
19 HALF HOUR IN THE AFTERNOON.
20 Q. AND WHAT WAS HER GENERAL PHYSICAL CONDITION AT THAT
21 TIME?
22 A. SHE WAS -- YOU KNOW, SHE WAS PRETTY WEAK FROM JUST THE
23 BEING HER AGE, 91 AND THEN FALLING AND BREAKING HER HIP AND
24 HAVING A HEMIARTHROPLASTY, I WOULD SAY THAT SHE WAS ON THE
25 WEAKER SIDE OF THINGS FOR HER AGE IN TRYING TO GET BACK TO
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1 WHAT SHE WAS DOING BEFORE AT HER DAUGHTER'S HOME.
2 Q. AS FAR AS YOU KNOW SHE CAME FROM HER DAUGHTER'S HOME?
3 A. UH-HUH.
4 Q. WHAT WAS HER GENERAL ALERTNESS AND MENTAL STATE AT THAT
5 TIME?
6 A. PRETTY GOOD I WOULD SAY FROM THERE. IT'S KIND OF HARD
7 TO TELL FROM FIVE YEARS AGO, BUT I WOULD SAY SHE RESPONDED
8 TO THE EVALUATION CERTAINLY AND TREATMENT WAS FAIRLY GOOD
9 FOR A WHILE UNTIL I BELIEVE MY NOTES BRING OUT THAT SHE HAD
10 SOME ANXIETY, PARTICULARLY WHEN HER DAUGHTERS WEREN'T
11 AROUND.
12 Q. NOW YOU MENTIONED YOUR NOTES. HAVE YOU REVIEWED YOUR
13 NOTES?
14 A. A LITTLE BIT. I REVIEWED MY INITIAL EVAL AND DISCHARGE
15 AND ALSO THE EVAL WHEN SHE READMITTED TO PIONEER AFTER SHE
16 WENT HOME.
17 Q. LET ME SHOW JUST BRIEFLY THESE DOCUMENTS CONTAINED OUR
18 FILE. DO YOU RECOGNIZE THOSE PARTICULAR DOCUMENTS?
19 A. YES.
20 Q. AND WHAT ARE THOSE DOCUMENTS?
21 A. THE FIRST ONE -- THE FIRST PAGE HERE IS BASICALLY A
22 CERTIFICATION THAT WE SEND TO THE DOCTOR TO GET SIGNED SO
23 THAT HE KNOWS AND IS WELL AWARE OF PLAN AND TREATMENT PLAN
24 WITH HER WHILE SHE'S IN OUR REHAB SERVICES.
25 Q. AND WHAT ARE THE REMAINING DOCUMENTS IN THERE?
743
1 A. THERE'S AN INITIAL EVALUATION, THE FIRST ONE THAT WE
2 WOULD HAVE DONE AND THEN SOME NOTES, WEEKLY NOTES.
3 Q. AND BASICALLY THEY ARE YOUR NOTES?
4 A. THEY ARE MY NOTES.
5 Q. NOTES. AND IF YOU NEED TO, YOU CAN USE THOSE TO REFRESH
6 YOUR MEMORY.
7 A. OKAY.
8 Q. BASICALLY WHAT I WAS GETTING INTO, SO YOU DID WORK WITH
9 HER TWICE A DAY PHYSICAL THERAPY?
10 A. UH-HUH.
11 Q. HOW DID THAT GO? HOW DID SHE IMPROVE OR UNIMPROVE?
12 A. I WOULD SAY FROM WHAT I -- AS I'VE REVIEWED MY NOTES AND
13 I USUALLY GO BACK TO THE DISCHARGE SUMMARY WHEN SHE DECIDED
14 TO GO HOME OR AT LEAST IT WAS DECIDED THAT SHE GO HOME,
15 INITIALLY SHE DID NOT TOO BAD. SHE WAS RESPONDING TO
16 TREATMENT, MAKING SOME PROGRESS AND THEN SHE STARTED TO HAVE
17 WHAT I WOULD CALL ANXIETY. NOW, I DON'T KNOW WHAT THE
18 CLASSICAL DEFINITION WOULD BE IN A DIFFERENT PROFESSIONAL
19 AREA, BUT TO ME IT WAS ANXIETY.
20 Q. CAN YOU DESCRIBE THAT A LITTLE BIT?
21 A. MOSTLY IT WAS -- IT WAS USUALLY WHEN HER DAUGHTERS WERE
22 GONE AND SHE WOULD BASICALLY SAY WHERE IS BARBARA, BARBARA,
23 BARBARA AND KIND OF REPEAT HERSELF AS THINGS WENT ON.
24 Q. AND WOULD THAT CONTINUE FOR LENGTHY PERIODS OF TIME?
25 A. YEAH. WE -- IT SEEMED TO GET WORSE AND I GUESS THAT'S
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1 WHEN WE DECIDED TO GET WITH -- I BELIEVE WE TALKED WITH DR.
2 SUMKO AND THE REST OF THE NURSING STAFF AND HER FAMILY AND
3 DECIDED THAT IT WOULD PROBABLY BE BETTER FOR HER TO BE HOME
4 CONSIDERING THE DIFFICULTY THAT SHE WAS HAVING WITH THE
5 SEPARATION.
6 Q. OKAY. NOW, DURING THIS PERIOD OF TIME, WHAT -- AS FAR
7 AS HER PHYSICAL HEALTH WAS CONCERNED, WHAT HAPPENED?
8 A. IN MY MIND, FROM WHAT I REMEMBER AND JUST FROM MY NOTES,
9 I WOULD HAVE TO READ THROUGH THEM PRETTY DETAILED, BUT SHE
10 WAS RESPONDING. I MEAN, HER -- THE AMOUNT OF ASSIST WHICH
11 IS WHAT WE KIND OF BASE OUR NOTES ON, HOW MUCH ASSIST SHE
12 NEEDS WITH BED MOBILITY OR TRANSFERS OR GAIT, WAS CERTAINLY
13 IMPROVING AND I WOULD SAY HER PAIN WAS DECREASING. I'M NOT
14 SURE THAT I MADE A LOT OF COMMENTS ABOUT HER PAIN WITHIN MY
15 NOTES, BUT USUALLY THAT'S WHAT HAPPENS IS THERE'S A
16 SUBSEQUENT DECREASE OF PAIN AND THEY ARE ABLE TO MOVE A
17 LITTLE BIT BETTER.
18 Q. SO BASICALLY YOUR RECOLLECTION WAS THERE WAS A DECREASE
19 IN PAIN?
20 A. I WOULD SAY SO, YES.
21 Q. DURING THIS PERIOD OF TIME, DID SHE COMPLAIN ABOUT PAIN?
22 A. NO.
23 Q. WHAT MADE YOU BELIEVE THAT SHE HAD PAIN, THEN?
24 A. WELL, USUALLY WITH A HIP FRACTURE AND THEN, YOU KNOW,
25 WITH A HEMIARTHROPLASTY YOU ARE GOING TO HAVE SOME SURGICAL
745
1 PAIN AFTERWARDS WHICH I'M SURE SHE WAS GETTING SOME KIND OF
2 PAIN MEDICATION FOR INITIALLY. I'M NOT SURE EXACTLY IF THAT
3 WAS STOPPED AT SOME PERIOD OF TIME OR NOT.
4 Q. BUT AT LEAST DURING THIS PERIOD OF TIME SHE DIDN'T
5 COMPLAIN ABOUT THE PAIN?
6 A. NOT A LOT.
7 Q. DID SHE MOAN, GROAN, SCREAM, ANYTHING OF THAT NATURE?
8 A. NOT THAT I REMEMBER BUT, AGAIN, IT'S FIVE YEARS AGO,
9 IT'S DIFFICULT TO REMEMBER.
10 Q. WAS THE MAIN SITUATION DEALING WITH THE PAIN THAT YOU
11 HAVE MENTIONED, WAS THAT MAINLY WITH HER HIP?
12 A. I WOULD SAY SO.
13 Q. DID SHE COMPLAINT -- DID YOU NOTICE OR COMPLAIN OF ANY
14 OTHER PAIN IN ANY OTHER AREAS?
15 A. THE SECOND ADMISSION I DID MAKE A NOTE IN MY NOTES THAT
16 I NOTICED THAT SHE WAS HAVING SOME PAIN IN HER BACK. AND
17 FROM WHAT MY NOTES SAID THAT A RADIOLOGIST DID AN X-RAY ON
18 HER BACK AND FOUND SOME MAYBE SOME SMALL VERTEBRAL FRACTURES
19 BUT HE WASN'T SURE EXACTLY IF THOSE WERE NEW OR OLD OR
20 WHATEVER.
21 Q. BUT GENERALLY SHE WAS ABLE TO CONTINUE WITH THERAPY?
22 A. YEAH. AND FROM MY NOTES, I'M GOING TO HAVE TO GO ON MY
23 NOTES ON THIS, IT'S DIFFICULT TO LOOK BACK FIVE YEARS.
24 Q. WE UNDERSTAND THAT.
25 A. FROM MY NOTES IT WAS PROBABLY INFREQUENT. I WOULDN'T
746
1 SAY IT WAS A BIG THING. THE ANXIETY WAS THE THING THAT
2 STOOD OUT IN MY MIND AND I THINK THAT REFLECTS IN MY NOTES.
3 Q. DO YOU KNOW IF SHE WAS ON ANY OTHER TYPE OF MEDICATION?
4 A. NOT THAT I KNOW OF. YOU KNOW, I DON'T REALLY -- THAT'S
5 A LITTLE BIT OUT OF OUR BALLPARK. I MAY KNOW IF THEY ARE ON
6 PAIN MEDS BUT --
7 Q. DID YOU NOTICE IF SHE WAS ON ANY TYPE OF MEDICATION THAT
8 MAY HAVE AFFECTED THERAPY? WOULD YOU NOTICE THAT, I SHOULD
9 SAY?
10 A. I THINK I WOULD KNOW THAT. I THINK I WOULD NOTICE MORE
11 SIGNS IF SHE WAS BECOMING MORE DROWSY OR SLEEPY OR HARDER TO
12 GET TO DO THINGS, I WOULD THINK I WOULD KNOW.
13 Q. DO YOU FIND OR SEE ANYTHING THAT LED YOU TO BELIEVE
14 THERE WAS A PROBLEM ONCE SHE LEFT YOUR UNIT?
15 A. NO. WHEN SHE WENT HOME, SHE WENT HOME WITH HOME HEALTH
16 PHYSICAL THERAPY AND I BELIEVE OCCUPATIONAL THERAPY. SHE
17 WAS -- I WOULD SAY SHE WASN'T DOING AS WELL AS HOPED, BUT I
18 THINK IT WAS PROBABLY THE BEST PLACE FOR HER AND WE WERE
19 HOPING THAT SHE WOULD BE ABLE TO RESPOND A LITTLE BIT BETTER
20 AT HOME WITH HER DAUGHTERS AROUND AND IN A FAMILIAR
21 ENVIRONMENT.
22 Q. BY THE TIME OF DISCHARGE YOUR MAIN CONCERN OR YOUR MAIN
23 REMEMBRANCE WAS THE ANXIETY PROBLEMS?
24 A. YEAH.
25 Q. NOT PAIN?
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1 A. NO.
2 MR. MAJOR: THANK YOU. WE HAVE NO FURTHER
3 QUESTIONS, YOUR HONOR.
4 THE COURT: MR. STIRBA?
5 MR. STIRBA: THANK YOU, YOUR HONOR. GOOD
6 AFTERNOON, MR. ACORD.
7 THE WITNESS: AFTERNOON.
8 CROSS-EXAMINATION
9 BY MR. STIRBA:
10 Q. AS I UNDERSTAND IT, YOU'RE A PHYSICAL THERAPIST; IS THAT
11 RIGHT?
12 A. THAT'S CORRECT.
13 Q. AND DURING SOME PERIOD OF TIME YOU PROVIDED SOME
14 PHYSICAL THERAPY TO MS. ANDERSON AM I --
15 A. THAT'S TRUE.
16 Q. AM I CORRECT THAT THAT PERIOD OF TIME WAS RIGHT AFTER
17 HER HIP SURGERY WHICH WAS APPROXIMATELY JUNE OF 1995 THROUGH
18 THE BEGINNING PART OF OCTOBER OF 1995?
19 A. THAT'S CORRECT, WITH A -- WITH A BRIEF -- I WOULD SAY IT
20 WAS LIKE THREE OR FOUR WEEKS THAT SHE WAS AT HOME. SHE WAS
21 IN FOR THERAPY INITIALLY FROM JUNE TO ABOUT JULY, SOMEWHERE
22 IN THE MIDDLE OF JULY, END OF JULY AND THEN SHE WENT HOME
23 FOR ABOUT TWO OR THREE WEEKS AND THEN SHE CAME BACK BECAUSE
24 OF -- I BELIEVE HER DAUGHTERS WERE HAVING -- IT WAS JUST
25 DIFFICULT TO TAKE CARE OF HER BECAUSE OF THE THINGS THAT
748
1 WERE GOING ON.
2 Q. AND THE LAST TIME THAT YOU SAW HER FOR PURPOSES OF
3 PROVIDING YOUR THERAPY, WAS THAT ON OCTOBER 2ND OF 1995?
4 A. UM...
5 Q. REFER TO YOUR NOTES IF YOU WANT.
6 A. YEAH, IF I MAY, LET ME JUST LOOK AT MY NOTES JUST REAL
7 QUICK. IT WOULD HAVE BEEN EARLIER THAN THAT. THE LAST TIME
8 THAT I WOULD HAVE SEEN HER WOULD HAVE BEEN ALMOST THAT,
9 ABOUT SEPTEMBER 29TH WHERE IT WAS DECIDED THAT PROGRESS WAS
10 FAIRLY MINIMAL AT THAT POINT AND I DIDN'T THINK THAT
11 PHYSICAL THERAPY SERVICES WOULD BE WARRANTED ANYMORE. AND
12 THEN WHAT WE DID WAS PUT HER ON A RESTORATIVE PROGRAM OR
13 REHAB PROGRAM WITH ONE OF THE C.N.A.'S THAT'S TRAINED IN
14 THAT AREA TO KIND OF CARRY ON A PROGRAM. AND FOR HER I
15 THINK IT WAS MOSTLY AN AMBULATION PROGRAM TO KEEP HER AT
16 LEAST WEIGHT BEARING A LITTLE BIT SO THAT SHE DIDN'T BECOME
17 CONFINED TO A WHEELCHAIR ALL THE TIME WHICH CAN HAVE SOME
18 PHYSICAL PROBLEMS LATER ON IF THAT HAPPENS.
19 Q. WHEN YOU SAW HER, WERE YOU AWARE THAT SHE SUFFERED FROM
20 OSTEOPOROSIS?
21 A. YOU KNOW, IT'S BEEN A WHILE SINCE I -- IF THAT WAS ONE
22 OF THE HER DIAGNOSES, IT COULD HAVE BEEN. I'M NOT SURE.
23 Q. DID YOU NOTICE ANYTHING AS YOU TREATED HER THAT WAS
24 UNUSUAL WITH RESPECT TO HER POSTURE?
25 A. SHE DID HAVE A KYPHOSIS BUT I'M NOT SURE THAT I
749
1 MENTIONED THAT IN MY EVALUATION HERE --
2 Q. WAIT A MINUTE, WAIT A MINUTE. WE'VE GOT A FANCY WORD
3 HERE.
4 A. KYPHOSIS IS KIND OF A CURVATURE -- CURVATURE OF THE
5 THORACIC SPINE WHERE SHE WAS PROBABLY HUNCHED OVER JUST A
6 LITTLE BIT.
7 Q. IN OTHER WORDS, SHE WAS IN SORT OF THIS POSITION?
8 A. A LITTLE BIT. I'M NOT SURE IT WOULD BE THAT FAR.
9 Q. BUT THAT IS GENERALLY THE WAY SHE PRESENTED HERSELF?
10 A. FROM MY RECOLLECTION, THAT'S PROBABLY PRETTY CLOSE.
11 Q. AND YOU TESTIFIED THAT AT ONE POINT I GUESS A
12 RADIOLOGIST ADVISED YOU OF PERHAPS SOME FRACTURES THAT SHE
13 WAS EXPERIENCING?
14 A. I DIDN'T TALK TO THE RADIOLOGIST SPECIFICALLY. I
15 PROBABLY LOOKED AT HIS RADIOLOGICAL REPORT WHICH INDICATED,
16 AT LEAST FROM MY NOTES, FROM WHAT I'M READING IN MY NOTES,
17 THAT SHE PROBABLY DID HAVE SOME VERTEBRAL FRACTURE
18 SOMEWHERE.
19 Q. VERTEBRAL MEANING BACK FRACTURE, RIGHT?
20 A. YEAH.
21 Q. IN OTHER WORDS, SOMEWHERE ON THE SPINAL COLUMN?
22 A. IN PROBABLY LOWER BACK, I WOULD IMAGINE.
23 Q. YOU ARE AWARE OF WHAT A COMPRESSION FRACTURE IS?
24 A. UH-HUH.
25 Q. COULD YOU TELL US WHAT A COMPRESSION FRACTURE IS,
750
1 PLEASE?
2 A. A COMPRESSION FRACTURE IS USUALLY A FRACTURE OF THE
3 VERTEBRAL BODY, USUALLY ANTERIOR, IN MY EXPERIENCE IT'S
4 USUALLY ANTERIOR FROM SOME KIND OF FORCE. USUALLY IT
5 HAPPENS WHEN SOMEBODY FALLS AND LANDS RIGHT ON THEIR
6 REAR-END.
7 Q. GIVEN YOUR EXPERIENCE AND TRAINING AS A PHYSICAL
8 THERAPIST, HAVE YOU HAD OCCASIONS WHERE YOU'VE HAD TO
9 ADDRESS PEOPLE WHO HAVE HAD EXPERIENCE WITH COMPRESSION
10 FRACTURES?
11 A. YES.
12 Q. AND IT'S TRUE, IS IT NOT, THAT A COMPRESSION FRACTURE
13 CAN BE A VERY PAINFUL EVENT?
14 A. IT CAN.
15 Q. IF YOU WOULD TURN, PERHAPS, TO I THINK IT'S YOUR WEEKLY
16 PROGRESS REPORT 9/12 OF '95.
17 A. OKAY.
18 Q. AND IF YOU GO DOWN TO YOUR ASSESSMENT PORTION DOWN AT
19 THE BOTTOM, DO YOU SEE THAT?
20 A. YES.
21 Q. AND THE LAST SENTENCE IT'S OR -- YEAH, IT'S THE LAST
22 SENTENCE. IT STATES, IT SHOULD BE NOTED THAT PATIENT DOES
23 COMPLAIN OF SOME BACK PAIN PERIODICALLY WHICH IS EVIDENTLY
24 SECONDARY TO VERTEBRAL FRACTURES THAT SHOWED UP ON AN X-RAY
25 SEVERAL WEEKS AGO, THAT THE RADIOLOGIST STATED THAT HE DID
751
1 NOT KNOW HOW LONG THEY HAD BEEN THERE AND COULD HAVE BEEN
2 THERE FOR SEVERAL YEARS.
3 DID I READ THAT CORRECTLY?
4 A. YOU DID.
5 Q. AND IS THAT THE REFERENCE IN YOUR NOTES THAT YOU
6 TESTIFIED TO CONCERNING THE TIME WHEN SHE COMPLAINED OF SOME
7 BACK PAIN?
8 A. THAT'S CORRECT.
9 Q. ALL RIGHT.
10 MR. STIRBA: THANK YOU, MR. ACORD.
11 THE COURT: ANYTHING FURTHER OF THIS WITNESS?
12 MR. MAJOR: NOTHING, YOUR HONOR.
13 THE COURT: MAY HE BE EXCUSED?
14 MR. MAJOR: HE MAY.