Barbara Poelman
25 MS. BARLOW: WE'D NEXT CALL BARBARA POELMAN.
1 BARBARA POELMAN.
2 THE COURT: MR. MAJOR, I'M GOING TO GIVE YOU AN
3 ASSIGNMENT.
4 MR. MAJOR: YES, YOUR HONOR.
5 THE COURT: THAT IS FROM NOW ON DURING THIS TRIAL
6 YOU GO GET THE NEXT WITNESS READY TO GO. OKAY?
7 MR. MAJOR: I'LL DO THAT, YOUR HONOR.
8 THE COURT: ALL RIGHT. THANK YOU.
9 MR. MAJOR: I'LL GO RIGHT NOW.
10 THE COURT: THAT WILL BE GOOD.
11 MS. BARLOW: WE WERE UNDER THE IMPRESSION SHE WAS
12 JUST OUTSIDE THE DOOR SO --
13 THE COURT: MS. POELMAN, WOULD YOU STEP UP HERE,
14 PLEASE? MS. POELMAN, IF YOU'LL COME UP HERE, PLEASE?
15 IF YOU WOULD RAISE YOUR RIGHT HAND, PLEASE, AND FACE THE
16 CLERK, SHE'LL PLACE YOU UNDER OATH.
17 BARBARA POELMAN,
18 BEING FIRST DULY SWORN, WAS EXAMINED AND
19 TESTIFIED AS FOLLOWS:
20 THE COURT: WOULD YOU HAVE A SEAT UP HERE, PLEASE.
21 WILL YOU PLEASE GIVE US YOUR NAME AND SPELL THE LAST
22 NAME, PLEASE?
23 THE WITNESS: BARBARA POELMAN, P-O-E-L-M-A-N.
24 DIRECT EXAMINATION
25 BY MS. BARLOW:
1 Q. GOOD AFTERNOON, MRS. POELMAN.
2 A. HELLO.
3 Q. APPRECIATE YOU COMING DOWN FROM BRIGHAM CITY. WELL, AND
4 I GUESS I SHOULDN'T JUST SAY IT THAT WAY, I SHOULD SAY WHAT
5 CITY DO YOU LIVE IN?
6 A. BRIGHAM CITY.
7 Q. OKAY. THANK YOU.
8 ARE YOU ACQUAINTED WITH ELLEN ANDERSON?
9 A. I AM.
10 Q. AND HOW DO YOU KNOW HER?
11 A. SHE'S MY MOTHER.
12 Q. DO YOU RECALL HOW OLD YOUR MOTHER WAS WHEN SHE PASSED
13 AWAY IN 1995?
14 A. NINETY-ONE.
15 Q. WHEN YOU -- WHERE DID YOUR MOTHER LIVE PRIOR TO SAY 1992?
16 DO YOU RECALL?
17 A. SHE LIVED IN SALT LAKE CITY.
18 Q. WAS SHE LIVING WITH ANYONE?
19 A. NO.
20 Q. AND AT THAT TIME SHE WOULD HAVE BEEN WHAT, 89 OR SO? 88?
21 A. APPROXIMATELY.
22 Q. SOMETHING LIKE THAT. DID ANYONE CARE FOR HER WHEN SHE
23 WAS LIVING ALONE?
24 A. NO.
25 Q. OKAY. DID THERE COME A POINT WHERE SHE NO LONGER LIVED
1 ALONE?
2 A. THAT'S CORRECT.
3 Q. WHAT HAPPENED WHEN THAT POINT CAME?
4 A. WHAT PRECIPITATED IT, DO YOU MEAN?
5 Q. YES. YES.
6 A. SHE JUST CALLED ME ONE DAY AND SHE SAID I JUST FEEL THAT
7 I NEED TO COME AND -- AND BE WITH YOU.
8 Q. AND DID SHE MOVE INTO YOUR HOME?
9 A. YES, SHE DID.
10 Q. APPROXIMATELY WHAT YEAR WAS THAT?
11 A. ABOUT -- SOMETIME IN '92, THE END OF '91. SHE WAS WITH
12 ME FOR ABOUT THREE YEARS.
13 Q. WHAT WAS HER LIVING ARRANGEMENTS WITH YOU THE -- THE LAST
14 SAY YEAR OF HER LIFE?
15 A. THE LAST YEAR?
16 Q. YES.
17 A. SHE HAD A -- HER ROOM -- THE BEDROOM AND SHE INTERACTED
18 WITH US THROUGHOUT THE HOUSE.
19 Q. WHEN YOU SAY US, WHO ELSE LIVED THERE?
20 A. MY HUSBAND.
21 Q. AND DO YOU HAVE CHILDREN?
22 A. YES, I DO, BUT THEY --
23 Q. THEY DIDN'T LIVE WITH YOU?
24 A. THEY WERE NOT LIVING WITH US AT THE TIME.
25 Q. DID THEY EVER COME VISIT?
1 A. YES, THEY DID.
2 Q. DID SHE KNOW THEM?
3 A. YES, SHE DID.
4 Q. WHAT WAS HER PHYSICAL STATUS SAY THE LAST YEAR OF HER
5 LIFE?
6 A. WELL, UP UNTIL THE TIME THAT SHE HAD THE OPERATION, SHE
7 WAS MOBILE. WE LIVED -- HER BEDROOM WAS UPSTAIRS AND SHE
8 WOULD GO UP AND DOWN THE STAIRS AND HAVE MOBILITY THROUGHOUT
9 THE HOUSE. AND THEN WOULD GO WITH US WHEN WE WOULD GO
10 OFTENTIMES OUTSIDE THE HOME.
11 Q. WAS SHE ABLE TO WALK PRETTY MUCH ON HER OWN OR DID SHE
12 NEED ASSISTANCE?
13 A. SHE WALKED ON HER OWN.
14 Q. DID SHE COME TO A POINT WHERE SHE BEGAN TO LOSE WEIGHT IN
15 1995?
16 A. WELL, AFTER SHE -- AFTER THE OPERATION SHE WENT DOWNHILL
17 THAT WAY.
18 Q. WHAT PRECIPITATED THE OPERATION?
19 A. WE WERE TOLD THAT THE HIPBONE HAD DEGENERATED. SHE WAS
20 IN HER ROOM ONE DAY AND AT THE FOOT OF THE BED AND I CAME IN
21 AND SHE SAID I CAN'T MOVE.
22 Q. OKAY.
23 A. AND SO I -- I -- I DIDN'T KNOW WHAT HAD CAUSED THAT, WHY
24 SHE WASN'T ABLE TO MOVE, SHE SAID, AND -- AND SHE DID -- WAS
25 ABLE TO GET TO THE BATHROOM AND THINGS SUCH AS THAT DURING
1 THE DAY. AND I DON'T REMEMBER IF IT WAS THAT DAY OR THE NEXT
2 DAY THAT I CONTACTED A DOCTOR. PROBABLY THAT DAY.
3 Q. DO YOU RECALL WHAT MONTH THAT WAS?
4 A. I BELIEVE IT WAS JUNE OF '95.
5 Q. OKAY. WHAT, IF ANYTHING, DID THE DOCTOR TELL YOU ABOUT
6 WHAT HAD CAUSED HER CONDITION?
7 A. SHE SAID HER HIPBONE HAD DEGENERATED AND THAT IT WOULD BE
8 NECESSARY FOR HER TO HAVE AN OPERATION OR SHE WOULD BE IN
9 PAIN THE REST OF HER LIFE AND ALSO PROBABLY BEDRIDDEN. AND I
10 FELT I HAD NO CHOICE AT THAT POINT, EVEN THOUGH SHE WAS AT
11 THAT AGE, TO GO FORWARD WITH THE OPERATION AS THE DOCTOR HAD
12 SUGGESTED.
13 Q. HAD SHE COMPLAINED OF PAIN PRIOR TO THAT --
14 A. NO.
15 Q. -- DAY?
16 A. NOT IN THE HIP. NOT IN THE HIPBONE SHE HADN'T. SHE HAD
17 THROUGHOUT MANY YEARS HAD HAD OSTEOPOROSIS AND WOULD HAVE
18 ACHES FROM IT AND BACKACHES AND THINGS SUCH AS THAT, BUT
19 JUST --
20 Q. WHAT -- WHAT MEDICATIONS, IF ANY, DID YOU USE TO HANDLE
21 THE ACHES AND PAINS THAT SHE HAD?
22 A. I THINK SHE WAS -- WAS TYLENOL OR ASPIRIN, SOMETHING LIKE
23 THAT. SHE WASN'T ON A PAIN MEDICATION.
24 Q. DID THE TYLENOL OR ASPIRIN SEEM TO TAKE CARE OF THE
25 PROBLEM?
1 A. SEEMED TO, UH-HUH.
2 Q. DO YOU RECALL WHERE THE OPERATION TOOK PLACE?
3 A. IN THE BRIGHAM CITY COMMUNITY HOSPITAL.
4 Q. AND WHO WAS THE DOCTOR? DO YOU RECALL HIS NAME? IF YOU
5 DON'T, THAT'S FINE, BUT --
6 A. I THINK IT WAS DR. SUMKO.
7 Q. OKAY. THANK YOU.
8 PRIOR TO THIS HIP FRACTURE, THERE WAS THE OSTEOPOROSIS.
9 WERE THERE ANY OTHER CHRONIC, LONG-TERM PHYSICAL PROBLEMS
10 THAT SHE HAD?
11 A. NO.
12 Q. OKAY. HAD SHE HAD ANY HEART PROBLEMS, ANY HEART ATTACKS,
13 ANY STROKES --
14 A. NO.
15 Q. -- THAT SORT OF THING?
16 A. THEY HAD ALWAYS TOLD US THAT HER HEART WAS VERY STRONG.
17 Q. DID YOU NOTICE ANY CHANGE IN HER AFTER THE OPERATION --
18 THE HIP OPERATION?
19 A. AN EXTREME CHANGE OCCURRED. I THOUGHT MAYBE IT WAS THE
20 ANESTHETIC THAT HAD PRECIPITATED HER -- IT WAS ANXIETY AND
21 CRYING. SHE WOULD -- WAS FEARFUL AND JUST COMPLETELY -- SHE
22 HAD HAD SOME REPEATING HERSELF AND THINGS SUCH AS THAT BEFORE
23 THE OPERATION, BUT AFTER THE OPERATION SHE BECAME JUST VERY
24 ANXIOUS TO AN EXTREME ANXIOUS.
25 Q. DID SHE EVER EXPRESS THAT ANXIETY IN ANY PHYSICAL MANNER?
1 A. OH, SHE WOULD -- WELL, I DON'T -- I DON'T KNOW WHAT
2 YOU WOULD --
3 Q. DID SHE EVER MOVE OR, YOU KNOW, THROW ANY -- I GUESS JUST
4 MOVEMENTS.
5 A. NOT AT THE BEGINNING SHE DID NOT.
6 Q. OKAY.
7 A. SHE JUST -- SHE WOULD CALL OUT TO ME, HELP ME, HELP ME.
8 AND --
9 Q. WERE YOU ABLE TO TALK TO HER ABOUT WHAT SHE NEEDED OR
10 WHAT SHE WANTED?
11 A. I -- I -- I TRIED TO.
12 Q. OKAY.
13 A. AND SHE WOULD JUST REPEAT THAT OVER AND OVER AGAIN, HELP
14 ME, BARBARA, HELP ME, HELP ME.
15 Q. WAS SHE --
16 A. AND IT WOULD BE -- NOT ONLY IN THE DAY, BUT DURING THE
17 TIME THAT SHE SHOULD BE SLEEPING AT NIGHT.
18 Q. WAS SHE HAVING PROBLEMS SLEEPING THEN?
19 A. YES. YES.
20 Q. OKAY. WOULD SHE SLEEP AT ANY -- ANY AMOUNT OF TIME AT
21 ALL AT NIGHT?
22 A. WHEN IT -- WHEN IT BEGAN TO BE THIS WAY, NO, SHE WOULD --
23 I -- I TALKED TO THE DOCTOR ABOUT A SLEEPING PILL TO HELP HER
24 GET TO SLEEP, BUT AS SOON AS THAT WORE OFF THEN SHE WOULD BE
25 CALLING OUT TO ME AGAIN, THIS -- JUST REPEATING THIS, HELP --
1 Q. WHICH MADE IT DIFFICULT, OF COURSE, FOR YOU TO SLEEP AS
2 WELL.
3 A. IT -- IT WAS IMPOSSIBLE, YEAH.
4 Q. YEAH. WHEN SHE FIRST CAME OUT OF THE SURGERY, DID SHE
5 HAVE ANY PAIN FROM THE SURGERY THAT YOU WERE AWARE OF?
6 A. NOT THAT SHE REALLY TALKED ABOUT. SHE WOULD JUST -- IT
7 WAS MORE THE -- THE ANXIOUSNESS IN HER MIND, HER MENTAL STATE
8 THAT WAS SEEMINGLY THE PROBLEM, THE DEPRESSION AND THE CRYING
9 AND --
10 Q. WHAT HAPPENED AFTER SHE -- I -- I IMAGINE SHE DIDN'T STAY
11 IN THE HOSPITAL MORE THAN A FEW DAYS AFTER THE SURGERY.
12 WHERE DID SHE GO AFTER THAT?
13 A. WELL, THEY TOLD US THAT SHE SHOULD -- NEEDED ABOUT THREE
14 WEEKS OF PHYSICAL THERAPY AT THE CARE CENTER.
15 Q. OKAY. WHAT CARE CENTER WAS THAT?
16 A. IT WAS THE -- WELL, IT'S IN BRIGHAM CITY. I DON'T
17 KNOW THE -- PIONEER CARE CENTER, I BELIEVE IT WAS CALLED AT
18 THE TIME.
19 Q. DID SHE GO THERE FOR THE THREE WEEKS?
20 A. NO, BECAUSE HER MENTAL STATE WAS SUCH THAT SHE WAS JUST
21 SO UNHAPPY AND, I MEAN IT WAS JUST CRYING EVERY TIME I WOULD
22 GO THERE. AND -- AND SHE JUST -- AND I -- JUST DIDN'T WANT
23 TO BE THERE. SHE DIDN'T WANT TO GO THERE IN THE FIRST PLACE,
24 AND THEN SHE DIDN'T WANT TO STAY THERE. AND SO AFTER MAYBE
25 10 DAYS OR TWO WEEKS, I THOUGHT, WELL, IF I TOOK HER TO MY
1 HOME WHERE THE SURROUNDINGS WERE FAMILIAR AGAIN THAT MAYBE
2 THIS -- THE CRYING AND ANXIETY WOULD -- WOULD SETTLE DOWN.
3 Q. WHILE SHE WAS AT THE REHAB CENTER, DID SHE -- WAS SHE
4 ABLE TO MOVE AROUND TO WALK? DID SHE GET TO THE POINT WHERE
5 SHE COULD WALK AGAIN AFTER THE SURGERY?
6 A. WELL, YES. SHE WOULD -- SHE'D -- THEY USED THE
7 WHEELCHAIR SOME OF THE TIME, BUT -- AND THE PHYSICAL THERAPY
8 THEY HAD HER DOING THINGS TO -- TO GET HER BACK WALKING
9 AGAIN.
10 Q. OKAY. WHEN YOU MOVED HER BACK HOME, DID THE PHYSICAL
11 THERAPIST CONTINUE TO COME IN?
12 A. HE DID.
13 Q. DID YOU SEE ANY IMPROVEMENT IN HER ABILITY TO GET AROUND
14 OVER THE TIME THAT --
15 A. YES.
16 Q. -- THE PHYSICAL THERAPIST WAS THERE?
17 A. YES. UH-HUH.
18 Q. DID SHE COMPLAIN OF ANY PAIN FROM THE HIP FRACTURE?
19 A. NO, SHE DIDN'T.
20 Q. OKAY. DID THERE COME A POINT WHEN YOU COULD NO LONGER
21 KEEP HER IN YOUR HOME?
22 A. AS I STATED, SHE GOT INTO THIS -- HER MIND SET WAS SUCH
23 THAT SHE -- IT WAS DAY AND NIGHT THAT SHE FELT THIS GREAT
24 TERROR --
25 Q. UH-HUH.
1 A. -- AND WOULD KEEP CALLING OUT. AND IN THE DAYTIME IT WAS
2 DIFFICULT, BUT THEN AT NIGHT, SHE WOULD JUST KEEP CALLING OUT
3 AS SOON AS SHE WOKE AGAIN.
4 Q. DID YOU HAVE HER ON ANY ANTIANXIETY MEDICATIONS THAT YOU
5 WERE -- THAT YOU'RE AWARE THAT THAT'S WHAT THEY WERE?
6 A. THAT I -- THAT I REMEMBER? NOT THAT I REMEMBER. I
7 REMEMBER THAT WE DID GO TO A PSYCHIATRIST AND TALK WITH HIM
8 TO SEE WHAT MIGHT BE HAPPENING. AND WHILE WE WERE THERE, SHE
9 WAS JUST VERY QUIET AND WAS NOT EXHIBITING THE BEHAVIOR THAT
10 SHE WAS WHEN WE WERE IN MY HOME -- WHEN SHE WAS WITH US IN
11 OUR HOME.
12 Q. DID YOU TALK TO ANY OTHER DOCTORS?
13 A. OTHER THAN THE PSYCHIATRIST AT THAT TIME, I DON'T -- I
14 DON'T BELIEVE SO.
15 Q. OKAY. DID YOU -- DID SHE GO BACK INTO THE PIONEER CARE
16 CENTER THEN?
17 A. WELL, AFTER MY -- I TALKED WITH MY SISTER AND TOLD HER
18 HER BEHAVIOR AND SHE HEARD HER OVER THE TELEPHONE CALLING OUT
19 TO ME.
20 Q. UH-HUH.
21 A. IT WAS TOWARD EVENING, NIGHTTIME THAT I WAS TRYING TO GET
22 HER TO BED WHEN MY SISTER HAD CALLED. AND AFTER TALKING WITH
23 HER AND -- AND DIANE DECIDED -- THINKING THAT MAYBE IF SHE
24 CAME OUT SHE COULD GET HER -- HER MENTAL CONDITION --
25 Q. UH-HUH.
1 A. -- CALMED AND EVERYTHING, THAT WE WOULDN'T HAVE TO PUT
2 HER BACK INTO THE CARE CENTER.
3 Q. DIANE HAS TESTIFIED THAT THERE DID COME A POINT WHERE YOU
4 DID HAVE TO PUT HER BACK IN THE --
5 A. THAT'S CORRECT.
6 Q. -- CARE CENTER. DO YOU RECALL AN OCCURRENCE -- YOU
7 WEREN'T THERE, BUT BEING INFORMED OF AN OCCURRENCE WHERE YOUR
8 MOTHER FELL --
9 A. YES.
10 Q. -- IN HER WALKER. AFTER SHE FELL, DID ANY DOCTORS EVER
11 SAY ANYTHING TO YOU ABOUT HER HAVING PNEUMONIA?
12 A. NO.
13 Q. OKAY. DID ANYONE, TO THE BEST OF YOUR KNOWLEDGE, TREAT
14 HER FOR PNEUMONIA AFTER THE 18TH OF NOVEMBER --
15 A. NO.
16 Q. -- OF 1995. DID YOU SEE ANY PROBLEMS WITH HER BREATHING
17 OR -- WELL, LET'S JUST SAY PROBLEMS WITH HER BREATHING AFTER
18 THE 18TH OF NOVEMBER, 1995, UNTIL SHE WENT TO THE GEROPSYCH
19 UNIT?
20 A. NO.
21 Q. WERE YOU INVOLVED IN DECIDING TO PUT HER IN THE GEROPSYCH
22 UNIT?
23 A. YES. MY SISTER MADE THE CONTACT --
24 Q. RIGHT?
25 A. -- AND WE WERE JUST SO -- WE HAD TRIED FOR SIX MONTHS TO
1 TRY AND FIND SOMETHING TO HELP ALLEVIATE THIS TERROR THAT SHE
2 WAS GOING THROUGH, MENTALLY.
3 Q. UH-HUH.
4 A. AND HAD SPOKEN TO DIFFERENT DOCTORS AND TO SEE IF THEY
5 COULDN'T SUGGEST DIFFERENT THINGS PERHAPS THAT COULD --
6 MEDICINE THAT COULD BE GIVEN TO HER TO CALM HER --
7 Q. UH-HUH.
8 A. -- MENTAL STATE AND NOTHING HAPPENED.
9 Q. ON THE 29TH OF DECEMBER, DID YOU SPEAK WITH AN INTAKE
10 PERSON FROM THE GEROPSYCH UNIT ABOUT GETTING YOUR MOTHER INTO
11 THAT UNIT?
12 A. I SUPPOSE THAT WAS THE DAY, YES. YES, IT WAS THE 29TH.
13 Q. DO YOU RECALL WHO IT WAS YOU SPOKE TO?
14 A. I DO NOT.
15 Q. WAS IT A MAN, A WOMAN?
16 A. IT WAS A YOUNG MAN. IT WAS A YOUNG MAN.
17 Q. OKAY. DID YOU TELL HIM WHAT YOUR MOTHER'S PROBLEMS WERE?
18 A. YES. SHE WAS IN THE ROOM WITH US.
19 Q. UH-HUH.
20 A. AND -- OR WITH ME AND MY MOTHER. AND -- AND HE SAW THE
21 SITUATION THERE. AND I ASKED IF THERE WAS ANYTHING THAT THEY
22 COULD DO, AND HE SAID AFTER INTERVIEWING ME AND TALKING ABOUT
23 THE -- HER SITUATION AND -- AND HER BEHAVIOR AND SO FORTH, HE
24 SAID I'M SURE THERE IS SOMETHING THAT WE CAN DO TO HELP YOU.
25 AND I HAD MENTIONED TO HIM THAT SOME OF THE MEDICATION THAT
1 WE THOUGHT MIGHT HELP. OF COURSE WE WEREN'T FAMILIAR WITH
2 ANYTHING, MYSELF, THAT -- WOULD THAT BE AVAILABLE THERE. AND
3 HE INDICATED THAT YES, IT WOULD BE, IF IT WAS NEEDED.
4 Q. DID YOU SPECIFICALLY TALK ABOUT MORPHINE?
5 A. I DID.
6 Q. OKAY. AND WHERE HAD YOU LEARNED ABOUT MORPHINE AS A
7 CALMING --
8 A. MY SISTER HAD SAID SOMETHING ABOUT SOME FRIENDS OF HERS
9 IN CALIFORNIA, HAD SAID, YOU KNOW, THAT HAS A CALMING EFFECT.
10 AND I BELIEVE DIANE HAD MENTIONED IT TO THEM AT THE CARE
11 CENTER AND THEY SAID THEY WERE NOT ABLE TO ADMINISTER
12 MORPHINE.
13 Q. OKAY. WERE YOU ASKING FOR MORPHINE FOR PAIN -- FOR
14 PHYSICAL PAIN FOR YOUR MOTHER?
15 A. NO. NO. SHE WAS NOT IN PHYSICAL PAIN, BUT IT WAS THIS
16 MENTAL ANXIETY, EXTREME -- IT WAS -- IT IS HARD TO DESCRIBE
17 THE TERROR THAT SHE SEEMED TO BE IN.
18 Q. AND IS THAT THE WAY YOU EXPRESSED IT TO THE INTAKE
19 OFFICER? THAT IT WAS MENTAL RATHER THAN PHYSICAL?
20 A. OH, YES, BECAUSE HE HAD -- AND I SAID -- YOU KNOW, HE SAW
21 HER THERE, SHE WAS AT THAT TIME IN A WHEELCHAIR. AND I SAID,
22 IS SHE IN THE CONDITION THAT WOULD ENABLE HER TO -- TO GO
23 DOWN THERE. AND HE SAID THERE WAS NOT A PROBLEM.
24 Q. HAD YOU SEEN ANY CHANGE IN YOUR MOTHER'S WEIGHT OVER THE
25 LAST THREE OR FOUR MONTHS PRIOR TO --
1 A. OH, YES. YES. SHE WASN'T EATING WELL.
2 Q. OKAY. HAD SHE LOST WEIGHT?
3 A. YES.
4 Q. DO YOU RECALL HOW MUCH?
5 A. WELL, SHE NEVER WAS REALLY A LARGE WOMAN, BUT -- I
6 COULDN'T GIVE YOU A NUMBER OF POUNDS, BUT IT WAS -- SHE WAS
7 VERY FRAIL.
8 Q. OKAY. DID YOU TAKE YOUR MOTHER TO THE GEROPSYCH UNIT?
9 A. YES, I DID.
10 Q. WAS ANYONE ELSE WITH YOU?
11 A. MY HUSBAND ACCOMPANIED ME.
12 Q. YOU DROVE DOWN IN YOUR CAR?
13 A. WE DID.
14 Q. SHE WAS ABLE TO --
15 A. OH, YES.
16 Q. -- TO TRANSFER?
17 A. GET IN THE CAR, YES.
18 Q. WAS SHE WALKING AT THAT POINT? I KNOW SHE WAS IN A
19 WHEELCHAIR, BUT WAS SHE EVER WALKING?
20 A. WELL, SHE COULD -- SHE COULD WALK IF, YOU KNOW, PEOPLE
21 WERE HELPING SUPPORT HER AND -- AND GIVING HER GUIDANCE. SHE
22 WAS, LIKE I SAID, VERY FRAIL.
23 Q. OKAY.
24 A. AND THEY -- I REMEMBER THEY DID HAVE A WHEELCHAIR AS WE
25 CAME IN TO THE HOSPITAL FOR HER.
1 Q. OKAY. DO YOU REMEMBER APPROXIMATELY WHAT TIME OF DAY IT
2 WAS THAT YOU GOT TO DAVIS NORTH?
3 A. IT WAS AROUND 4:00 TO 4:30, SOMETIME IN THERE.
4 Q. WHEN YOU FIRST GOT THERE, DID YOU GO UP TO THE UNIT OR
5 DID YOU GO SOMEWHERE ELSE IN THE HOSPITAL?
6 A. WE WERE -- WENT TO -- I BELIEVE IT WAS ADMISSIONS OR
7 SOMEWHERE IT WAS CALLED. AND THERE WAS A WOMAN AT A DESK
8 AND --
9 Q. DID THAT PERSON ASK YOU ANY QUESTIONS ABOUT YOUR MOTHER?
10 A. I DON'T KNOW EXACTLY WHAT QUESTIONS SHE ASKED, BUT THERE
11 WERE A LOT OF FORMS IT SEEMED TO FILL OUT, AND IT SEEMED THAT
12 WE WERE THERE QUITE SOME TIME.
13 Q. INSURANCE AND THAT SORT OF THING?
14 A. THAT'S CORRECT.
15 Q. OKAY. DID YOU EVENTUALLY GO UP TO THE UNIT?
16 A. YES.
17 Q. WITH YOUR MOTHER?
18 A. YES.
19 Q. WERE YOU ASKED ANY OTHER QUESTIONS UP THERE?
20 A. WELL, PROBABLY. MY MIND WAS ALSO ON MY MOTHER AND TRYING
21 TO HELP HER FEEL AT EASE IN THE SITUATION, WHICH WAS
22 COMPLETELY UNFAMILIAR TO HER. AND I'M SURE THAT THEY TALKED
23 WITH ME ABOUT HER SITUATION.
24 Q. WHAT WAS HER REACTION TO BEING IN THIS NEW SURROUNDINGS?
25 A. SHE WAS RATHER -- AS LONG AS I WAS THERE, I WAS HOLDING
1 HER HAND AND CALM. SHE -- SHE WAS JUST SEEMINGLY -- SHE WAS
2 NOT IN A STATE WHERE SHE WAS THROWING HERSELF AROUND OR
3 ANYTHING. SHE WAS CALM AS -- AS I WOULD TALK WITH HER. AND
4 AS I SAID, WE HELD HER HAND AND TRIED TO KEEP HER --
5 Q. DID SHE SHOW ANY AGITATION WHILE YOU WERE CHECKING HER
6 IN?
7 A. NO. SHE SAT VERY PLACIDLY IN THE CHAIR -- IN THE
8 WHEELCHAIR.
9 Q. YOU SAID SHE WAS NOT THROWING HERSELF AROUND. HAD SHE
10 DONE THAT?
11 A. YES, WITH -- AT THE CARE CENTER. ONE TIME SHE WAS ON A
12 CERTAIN MEDICATION AND SHE WOULD JUST -- SHE WOULD BE DOWN
13 AND THEN SHE'D SIT UP, AND THEN SHE'D GO DOWN AND THEN SHE'D
14 SIT UP. AND IT WAS JUST BACK AND FORTH AND BACK AND FORTH
15 LIKE THAT AND I THOUGHT, I DON'T KNOW HOW SHE IS DOING THAT,
16 BUT SHE WAS ON THAT MEDICATION AND IT WAS DECIDED THAT IT
17 WOULD BE BEST -- THAT THAT WAS WHAT WAS CAUSING HER MOVEMENT
18 THAT WAY AND SO WE HAD THEM TAKE HER OFF THAT.
19 Q. ABOUT HOW LONG DID YOU STAY ON THE UNIT THAT NIGHT
20 GETTING HER CHECKED IN AND BEFORE YOU LEFT HER?
21 A. WELL, IT -- IT WAS BETWEEN 7:00 AND 7:30 WHEN WE LEFT.
22 I'D SAY -- I THOUGHT AS I RECALL BACK, NEARER TO 7:30.
23 Q. OKAY.
24 A. SEEMED LIKE IT WAS A LONG TIME.
25 Q. UH-HUH.
1 A. I REMEMBER WE HADN'T EATEN AND I WAS FEELING THE EFFECTS
2 OF THAT.
3 Q. UH-HUH. WHEN YOU LEFT AND GOT OUT OF YOUR MOTHER'S
4 SIGHT, DID YOU HEAR ANYTHING FROM HER?
5 A. I DID.
6 Q. WHAT DID YOU HEAR?
7 A. MY NAME.
8 Q. OKAY. AND HAD THAT HAPPENED BEFORE WITH YOUR MOTHER?
9 A. IT HAD. SHE CALLED OUT TO ME, BARBARA, AND I KNEW SHE
10 WAS NOT -- SHE REALIZED THAT I WASN'T ANYWHERE NEAR.
11 Q. UH-HUH.
12 A. I WAS STILL IN THE HALLWAY AND I HEARD HER CALL TO ME.
13 Q. OKAY. WAS SHE GIVEN ANY MEDICATION, ANY -- LET'S SAY
14 INJECTIONS WHILE YOU WERE THERE?
15 A. NO, NOT THAT I AM AWARE OF.
16 Q. DID YOU TELL THE PEOPLE THAT WERE -- I -- I GUESS ASKING
17 YOU DETAILS ABOUT YOUR MOTHER AND HER CARE, WHAT KIND OF
18 MEDICATIONS SHE'D BEEN ON AT THE NURSING HOME?
19 A. I MAY HAVE. I DON'T RECALL IF I HAD THE -- THE NAMES OF
20 THE MEDICATION. I THINK I MUST HAVE, BUT I'M NOT -- I CAN'T
21 RECALL NOW.
22 Q. DID YOU BRING ANY DOCUMENTS FROM THE NURSING HOME TO GIVE
23 TO THEM?
24 A. AND I DON'T RECALL THAT EITHER, WHETHER I DID OR NOT.
25 Q. DID YOU TELL THAT NURSE -- THAT PERSON WHO WAS CHECKING
1 YOUR MOTHER IN ABOUT WHAT HER PROBLEMS WERE?
2 A. YES.
3 Q. WHAT DID YOU TELL HER?
4 A. WELL, I PROBABLY STATED THAT THE -- HER MENTAL CONDITION
5 OF FEELING THIS TERROR WHENEVER MY SISTER OR MYSELF WAS NOT
6 WITH HER, IF WE WERE NOT WITH HER --
7 Q. UH-HUH.
8 A. -- THAT SHE WOULD BECOME VERY -- VERY ANXIOUS, AND THAT
9 SHE WAS MORE CALM IN OUR PRESENCE UNTIL RIGHT NEAR THE END
10 WHEN SHE BECAME NOT VERY CALM EVEN WHEN WE WERE WITH HER.
11 Q. OKAY. DID YOU TELL THEM THAT SHE WAS SUFFERING FROM ANY
12 PAIN FROM HER OSTEOPOROSIS?
13 A. I DON'T BELIEVE SO. AS I -- AS I SAID BEFORE, THIS
14 ACHING IN THE BACK AND SO FORTH, SHE'D HAD FOR YEARS AND
15 YEARS AND IT'S JUST A BACKACHE THAT --
16 Q. UH-HUH.
17 A. AND I -- I DON'T THINK I MENTIONED THAT.
18 Q. YOU LEFT THAT EVENING, DID YOU GO BACK TO BRIGHAM CITY?
19 A. I DID.
20 Q. THAT EVENING WHEN YOU WERE CHECKING YOUR MOTHER IN, DID
21 YOU EVER SEE DR. WEITZEL?
22 A. I DID NOT.
23 Q. WHAT IF ANYTHING HAPPENED THE NEXT DAY, THE NEXT MORNING?
24 A. I WENT TO SALT LAKE. WE HAD A HOSTING ASSIGNMENT IN SALT
25 LAKE. AND ABOUT 8:30 THAT MORNING THE PHONE IN THE OFFICE
1 RANG AND INDICATED THAT MY MOTHER HAD DIED.
2 Q. WHAT DID YOU DO?
3 A. I WENT IMMEDIATELY TO THE DAVIS HOSPITAL WITH MY HUSBAND.
4 Q. DID YOU GO INTO YOUR MOTHER'S ROOM?
5 A. I DID.
6 Q. SAY YOUR GOODBYES, BASICALLY?
7 A. YES.
8 Q. DID YOU EVER SEE DR. WEITZEL THAT MORNING?
9 A. I DID.
10 Q. AND THE MAN THAT YOU -- WAS INTRODUCED TO YOU AS
11 DR. WEITZEL, IS IN THE COURTROOM TODAY?
12 A. HE'S STRAIGHT AHEAD, YES.
13 Q. THE MAN SITTING RIGHT IN FRONT OF YOU?
14 A. RIGHT.
15 Q. OKAY.
16 A. HAD A BEARD AT THE TIME.
17 Q. OH, HE LOOKED A LITTLE DIFFERENT THEN.
18 A. LOOKED A LITTLE DIFFERENT.
19 Q. OKAY. WHAT IF ANYTHING DID DR. WEITZEL TELL YOU ABOUT
20 WHAT HAD CAUSED YOUR MOTHER TO PASS?
21 A. HE SAID THAT -- OR HE TOLD WHAT HAD BEEN DONE FOR HER
22 DURING THE NIGHT, THAT SHE HAD RECEIVED SOME MORPHINE.
23 Q. UH-HUH.
24 A. AND IN MY MIND I THOUGHT, WELL, THAT HAS CALMED HER
25 ENOUGH TO -- I HAD -- I HAD HAD THIS THOUGHT IN MY MIND THAT
1 IF SHE COULD GET CALM, SHE WOULD JUST LET HERSELF GO AND --
2 AND SHE'D BE ABLE TO -- TO BE RELIEVED FROM THIS TERRIBLE
3 STATE THAT SHE WAS IN. AND I THOUGHT THAT THAT'S PROBABLY
4 WHAT HAD -- IN MY MIND -- HAD HAPPENED, ALTHOUGH HE DIDN'T
5 INDICATE THAT THAT'S WHAT IT WAS. HE INDICATED HER HEART.
6 Q. HAD YOU THOUGHT PRIOR TO THAT THAT MAYBE THE ANXIETY WAS
7 KEEPING HER ALIVE?
8 A. I DID.
9 Q. IS THAT --
10 A. I DID.
11 Q. OKAY. DID HE SAY ANYTHING ABOUT HER HEART?
12 A. HE SAID THAT THAT SEEMED TO BE THE CAUSE OF DEATH. I WAS
13 SURPRISED AT THAT BECAUSE THEY HAD SAID ALL ALONG THAT HER
14 HEART WAS SO STRONG AND THAT'S WHY WE KEPT SEEKING HELP FOR
15 HER MENTAL CONDITION BECAUSE IT SEEMED THAT SHE COULD GO ON
16 AND ON AND ON. IT WAS JUST A FRIGHTFUL SITUATION THAT SHE
17 WAS IN.
18 MS. BARLOW: IF I MAY HAVE JUST A MOMENT, YOUR
19 HONOR?
20 THE COURT: SURE.
21 (OFF-THE-RECORD DISCUSSION BETWEEN MR. WILSON AND
22 MS. BARLOW.)
23 MS. BARLOW: JUST ONE MORE, YOUR HONOR, IF I MAY.
24 Q. (BY MS. BARLOW) MRS. POELMAN, FROM THE TIME THAT YOU
25 BROUGHT YOUR MOTHER TO THE GEROPSYCH UNIT AT ABOUT
1 FOUR O'CLOCK UNTIL YOU LEFT ABOUT 7:00, 7:30 THAT NIGHT, WAS
2 YOUR MOTHER EVER OUT OF YOUR PRESENCE?
3 A. SHE WAS NOT.
4 Q. THANK YOU.
5 MS. BARLOW: NO FURTHER QUESTIONS, YOUR HONOR.
6 THE COURT: CROSS-EXAMINE, MS. ISAACSON?
7 MS. ISAACSON: THANK YOU, YOUR HONOR.
8 CROSS-EXAMINATION
9 BY MS. ISAACSON:
10 Q. MS. POELMAN, MY NAME IS TARA ISAACSON. I'M ONE OF THE
11 ATTORNEYS THAT REPRESENTS DR. WEITZEL. I'M GOING TO ASK YOU
12 A FEW QUESTIONS.
13 A. OKAY.
14 Q. NOW, YOU WERE ACTUALLY PRESENT AT THE GEROPSYCHIATRIC
15 UNIT WHEN YOUR -- YOU TOOK YOUR MOTHER TO THE --
16 A. I DID.
17 Q. -- TO THE UNIT; CORRECT?
18 A. I DID.
19 Q. AND YOU HELPED PROVIDE INFORMATION TO THE NURSING STAFF
20 AND TO THE ADMISSION STAFF ABOUT YOUR MOTHER.
21 A. THAT'S CORRECT.
22 Q. I'D LIKE TO SHOW YOU SOME DOCUMENTS THAT WERE PREPARED BY
23 THE NURSE WHO MET WITH YOU THAT AFTERNOON TO SEE IF THAT CAN
24 HELP REFRESH YOUR RECOLLECTION ABOUT WHAT YOU MIGHT HAVE TOLD
25 HER.
1 MS. ISAACSON: AND, COUNSEL, THIS WILL BE EXHIBIT
2 2(C), THE MEDICAL RECORDS FOR MS. ANDERSON.
3 Q. (BY MS. ISAACSON) WHAT I'VE -- WHAT I'VE GOT HERE,
4 MA'AM, IS I'M ABLE TO PUT THE PAGES UP HERE ON THE SCREEN SO
5 THAT YOU CAN SEE THEM AND ALSO THE JURY CAN SEE THEM.
6 I'M GOING TO START WITH MED 179. MA'AM, THIS IS A
7 DOCUMENT -- CAN YOU SEE IT FROM WHERE YOU'RE SITTING?
8 THE COURT: HAS TO HAVE AN EXHIBIT NUMBER.
9 MS. ISAACSON: 2(C), YOUR HONOR.
10 THE COURT: PAGE WHAT?
11 MS. ISAACSON: 179.
12 Q. (BY MS. ISAACSON) MA'AM, CAN YOU SEE THAT FROM WHERE
13 YOU'RE SITTING?
14 A. NO, NOT EXACTLY.
15 Q. LET ME BLOW IT UP JUST A LITTLE BIT FOR YOU AND MAYBE
16 THAT WILL HELP.
17 AT THE TOP HERE IS YOUR MOTHER'S NAME, ELLEN ANDERSON,
18 AND THEN BELOW THERE IS YOUR NAME LISTED AS HER SIGNIFICANT
19 OTHER, ALONG WITH YOUR PHONE NUMBER. AND THEN THE -- THE
20 NURSE THERE HAS WRITTEN DOWN HER NAME AS THE PERSON WHO
21 INTRODUCED YOU TO THE UNIT.
22 A. OKAY.
23 Q. DO YOU RECALL A NURSE FILLING OUT SOME PAPERWORK WHILE
24 YOU WERE MEETING WITH HER ON THE UNIT?
25 A. WELL, THERE -- PEOPLE WERE COMING IN AND OUT, I REMEMBER
1 THAT. AND I TALKED WITH PEOPLE AND -- SPECIFICS AS TO HER
2 BEING THAT NAME AND SO FORTH, I DO NOT.
3 Q. OKAY. BUT YOU WOULD HAVE BEEN THE PERSON --
4 A. I WAS THERE, YES, WITH MY HUSBAND.
5 Q. OKAY. AND YOU EXPLAINED TO THE NURSE YOUR MOTHER'S
6 MEDICAL HISTORY, CORRECT?
7 A. CORRECT.
8 Q. AND YOU EXPLAINED TO HER, FOR EXAMPLE, THAT HER
9 OSTEOPOROSIS WAS SEVERE.
10 A. IT WAS.
11 Q. OKAY. AND THAT SHE HAD -- I'LL KEEP GOING THROUGH THE
12 DOCUMENT HERE JUST TO SHOW YOU WHAT THE NOTES SAY. IN
13 ADDITION, WITH REGARD TO HER MEDICAL HISTORY, THAT SHE HAD A
14 HIP FRACTURE IN JUNE OF 1995; GALLBLADDER REMOVED; PORTION OF
15 HER SMALL INTESTINE REMOVED; WRIST FRACTURE; ANKLE FRACTURE;
16 AGAIN, SEVERE OSTEOPOROSIS; AND THEN A REFERENCE TO SPINE
17 COMPRESSION FRACTURES.
18 A. THAT'S CORRECT.
19 Q. WHAT IS -- WHAT DID YOUR MOTHER SUFFER FROM WITH REGARD
20 TO THAT?
21 A. IT WAS THE OSTEOPOROSIS THAT -- AND THAT WAS WHAT HAD
22 CAUSED THE HIP TO DEGENERATE THAT CAUSED US TO HAVE TO HAVE
23 THE OPERATION IN THE FIRST PLACE.
24 Q. OKAY. AND SO IN ADDITION TO THE OTHER THINGS WE'VE
25 TALKED ABOUT, SHE ACTUALLY HAD SMALL FRACTURES IN HER SPINE
1 FROM THE OSTEOPOROSIS?
2 A. WELL, THE SPINE WITH OSTEOPOROSIS COMPRESSES DOWN.
3 UH-HUH.
4 Q. AND DO I HAVE IT RIGHT THAT YOU REPORTED TO THE NURSE
5 THAT SHE'D LOST APPROXIMATELY 20 POUNDS?
6 A. I MAY HAVE SAID THAT. TODAY I DON'T REMEMBER THE AMOUNT
7 OF WEIGHT.
8 Q. LET'S SEE IF I CAN GO TO THAT.
9 A. I KNOW SHE HAD LOST A LOT FROM JUNE UNTIL DECEMBER.
10 Q. I'M SORRY, I THINK I LOST THE PAGE. LET ME GO BACK.
11 LOOKS LIKE HERE THERE'S A QUESTION ABOUT RECENT WEIGHT
12 CHANGES, AND AT LEAST THERE IT'S NOTED 20 POUNDS SINCE JUNE.
13 DOES THAT SOUND ABOUT RIGHT?
14 A. IT COULD HAVE BEEN. IT WAS -- LIKE I SAID, I DON'T
15 REMEMBER THE EXACT NUMBER, BUT I DO KNOW SHE LOST A LOT OF
16 WEIGHT DURING THOSE SIX MONTHS.
17 Q. NOW, AT LEAST ON -- ON SOME OCCASIONS PRIOR TO HER COMING
18 TO THE GEROPSYCHIATRIC UNIT, YOUR MOTHER HAD COMPLAINED OF
19 PAIN.
20 A. BACKACHES IS WHAT SHE -- I MEAN, LIKE I SAID, FOR YEARS I
21 REMEMBER WE'D BE SITTING ON HARD BENCHES AND THAT SHE'D PUT A
22 BOOK IN BACK OF HER -- IN THE BACK -- IN HER BACK JUST TO
23 GIVE SOME SUPPORT.
24 Q. DO YOU RECALL A TIME IN NOVEMBER OF 1995 WHERE SHE WOULD
25 HAVE FALLEN AND HURT HERSELF?
1 A. NOVEMBER OF '99 -- '95? MY SISTER WAS WITH HER WHEN SHE
2 FELL.
3 Q. AND DO YOU REMEMBER HER COMPLAINING OF PAIN WITH REGARD
4 TO THAT?
5 A. FOR A FEW DAYS SHE FELT UNCOMFORTABLE, AND THEN SHE JUST
6 DIDN'T MENTION IT ANYMORE.
7 Q. OKAY. I'M GOING TO SHOW YOU WHAT'S BEEN MARKED AS
8 DEFENSE EXHIBIT 4. SHE WAS BEING SEEN BY A DR. KELLER AT --
9 AT A CERTAIN POINT IN NOVEMBER. DOES THAT NAME SOUND
10 FAMILIAR?
11 A. COULD HAVE BEEN. I DID NOT SEE DR. KELLER MYSELF.
12 Q. OKAY. I'M GOING TO SHOW YOU THIS RECORD AND THIS IS --
13 HERE WE ARE. THIS IS AGAIN DEFENDANT'S EXHIBIT 4.
14 MS. ISAACSON: AND, COUNSEL, IT'S NH311.
15 Q. (BY MS. ISAACSON) AND ON THIS DOCUMENT, I'LL BLOW UP
16 THIS PORTION. THIS ONE'S FROM NOVEMBER 18TH OF 1995.
17 THE COURT: IS THIS 4 OR IS THIS 3 AGAIN?
18 MS. ISAACSON: YOU KNOW, I'M -- I'M TRYING TO BE SO
19 HIGH TECH AND SO ORGANIZED, BUT --
20 MR. BUGDEN: I THINK THIS IS DEFENDANT'S EXHIBIT IS
21 WHAT YOU SAID, MS. ISAACSON?
22 MS. ISAACSON: I'M SORRY. THIS IS -- NOW WE'RE ON
23 2(A). SORRY. THIS IS PLAINTIFF'S 2(A), THE NURSING HOME
24 RECORDS.
25 THE COURT: OKAY. THANK YOU.
1 Q. (BY MS. ISAACSON) AND THIS NOTE FROM DR. KELLER
2 INDICATES YOUR MOM FELL ON HER RIGHT SIDE, COMPLAINED OF
3 PAIN, AND THAT LORTAB WAS PRESCRIBED.
4 DO YOU REMEMBER ANYTHING ABOUT LORTAB BEING PRESCRIBED?
5 A. NO, I DON'T REMEMBER IT MYSELF, RIGHT NOW TODAY, SO LONG
6 AFTER.
7 Q. AND DO YOU RECALL WHEN SHE WAS ACTUALLY ADMITTED INTO THE
8 GEROPSYCHIATRIC UNIT, DID SHE HAVE AN EXISTING PRESCRIPTION
9 FOR LORTAB?
10 A. I COULDN'T RE -- I COULDN'T TELL YOU THAT. PROBABLY SO,
11 BUT -- IF SHE WAS ON IT. I --
12 Q. AT LEAST IF IT WAS IN THE NURSING ASSESSMENT AND IT WOULD
13 HAVE BEEN SOMETHING THAT YOU COULD HAVE REPORTED TO THE -- TO
14 THE NURSE AT THAT TIME?
15 A. IF I HAD BROUGHT RECORDS WITH ME, WHICH I DON'T REMEMBER
16 THAT I DID --
17 Q. OKAY.
18 A. -- BRING RECORDS. I DON'T BELIEVE I DID BRING RECORDS.
19 Q. AT SOME POINT DURING THE NURSING ASSESSMENT, THERE'S A
20 PORTION OF THE -- OF THE FORM WHERE THE NURSE ASKS YOUR
21 MOTHER TO RATE HER PAIN ON A SCALE OF ONE TO FIVE. AND
22 I'LL -- I'LL SHOW YOU THAT PORTION OF THE DOCUMENT -- OF THE
23 RECORD. AND AGAIN, WE'RE GOING TO 2(C), MED 182.
24 AND ON THAT PORTION OF THE ASSESSMENT, YOUR MOTHER WAS
25 UNABLE TO RATE HER PAIN. WAS THAT BECAUSE YOUR MOTHER, AT
1 THAT TIME, SIMPLY WASN'T ABLE TO COMMUNICATE THINGS ABOUT HER
2 PAIN?
3 A. I DON'T BELIEVE SO. SHE WAS NOT COMPLAINING TO US UP TO
4 THE TIME THAT WE TOOK HER DOWN THERE ABOUT BEING IN PAIN
5 AND --
6 Q. WELL, AT LEAST WHEN THE NURSE ASKED HER IF -- TO RATE HER
7 PAIN, YOUR MOTHER WAS UNABLE TO AT THAT TIME.
8 A. I THINK IT WAS DUE TO HER MENTAL STATE RATHER THAN NOT
9 KNOWING. I -- I JUST DON'T THINK THAT -- THE COMPREHENSION
10 MIGHT HAVE BEEN THERE FOR HER TO SAY ONE TO FIVE.
11 Q. AND SHE DID HAVE SOME DIFFICULTY EXPRESSING HERSELF.
12 A. MAYBE IN THINKING THROUGH SOMETHING TO DISCUSS IT.
13 Q. WITH REGARD TO HER PREVIOUS MEDICAL CARE, DO YOU RECALL
14 IN NOVEMBER OF 1995 EVER BEING TOLD BY DR. WILDING THAT YOUR
15 MOTHER HAD MILD CONGESTIVE HEART FAILURE?
16 A. I WAS NEVER TOLD THAT. LIKE I SAID, WHEN WE TOOK HER
17 DOWN THERE WE -- ONE OF THE REASONS THAT WE SOUGHT OUT MORE
18 HELP ON A PSYCHIATRIC UNIT WAS BECAUSE WE THOUGHT THAT SHE
19 COULD -- HER LIFE COULD GO ON FOR MONTHS AND MONTHS. AND THE
20 STATE OF MIND THAT SHE WAS IN WAS JUST, LIKE I SAID, VERY
21 TRAGIC.
22 Q. WELL, LET'S GO TO THE MEDICAL RECORDS. HAVE YOU EVER
23 SEEN THE MEDICAL RECORDS OF YOUR MOTHER FOR DR. KELLER AND
24 DR. WILDING? HAVE YOU EVER REVIEWED THOSE?
25 A. OH, I THINK I HAVE, BUT NOT RECENTLY.
1 Q. WHY DON'T I GO AHEAD AND SHOW YOU THEN --
2 A. AT THE OTHER TRIAL PERHAPS.
3 Q. -- SOME OF THOSE RECORDS. LET'S GO TO DEFENDANT'S
4 EXHIBIT 4.
5 MS. ISAACSON: THESE ARE THE WILDING RECORDS,
6 COUNSEL, PAGE WILDING 4.
7 Q. (BY MS. ISAACSON) THIS IS A PAGE THAT REFLECTS RECORDS
8 FROM JUNE OF 1995 UNTIL NOVEMBER OF 1995, AND IT APPEARS THAT
9 SHE WAS BEING SEEN BY TWO DOCTORS, DR. WILDING AND
10 DR. KELLER. DOES THAT SOUND RIGHT?
11 A. WELL, THEY WERE -- THEY'RE IN THE SAME OFFICE WITH
12 SEVERAL OTHER DOCTORS. I THINK THE ONE THAT IS AVAILABLE
13 WAS -- WAS THE ONE THAT WOULD SEE HER AT ANY PARTICULAR TIME.
14 Q. OKAY. WELL, LET'S GO TO JUST A MONTH BEFORE -- OR A
15 LITTLE OVER A MONTH BEFORE YOUR MOTHER WENT INTO THE
16 GEROPSYCHIATRIC UNIT. AND THE DATE OF THE NOTE IS
17 NOVEMBER 15TH OF 1995, AND IT LOOKS LIKE THE INITIALS ARE
18 D.W., SO IT MUST BE DR. WILDING. AND HERE IN THIS NOTE THERE
19 IS AN INDICATION OF MILD CONGESTIVE HEART FAILURE. WERE YOU
20 EVER NOTIFIED OF THAT -- THAT CONDITION?
21 A. I WAS NOT.
22 Q. AND THEN IN THE SAME CHART, THE NEXT NOTE -- THIS IS BACK
23 TO THE FALL ISSUE WHEN SHE FELL DOWN. THIS IS NOVEMBER 18TH
24 OF 1995. AND IT LOOKS LIKE ON THIS OCCASION SHE WAS SEEN BY
25 DR. KELLER.
1 AGAIN, REFERENCE TO THE FALL. AND THEN A CHEST X-RAY
2 WAS TAKEN. AND THERE'S A NOTE THAT THERE'S -- THERE APPEARS
3 TO BE A TUMOR IN THE LUNG. WERE YOU EVER NOTIFIED OF THAT?
4 A. I WAS NOT.
5 Q. THE DOCTOR ALSO INDICATES THAT HER -- MS. ANDERSON'S
6 DAUGHTER WAS WITH HER. WAS THAT YOUR SISTER OR WAS THAT YOU?
7 A. WOULD HAVE BEEN MY SISTER.
8 Q. AND YOUR SISTER INDICATED THAT THEY DIDN'T WANT ANYTHING
9 DONE, THAT THEY WERE HOPING THAT YOUR MOTHER WOULD NOT SUFFER
10 AND THAT THEY WERE GOING TO LET HER DIE IF SOMETHING SERIOUS
11 WENT WRONG.
12 A. UH-HUH.
13 Q. DOES THAT COMPORT WITH WHAT YOUR -- YOUR FEELINGS WOULD
14 HAVE BEEN?
15 A. UH-HUH. THAT'S CORRECT.
16 Q. NOW, BACK TO WHEN YOUR MOTHER HAD HER SURGERY DONE ON HER
17 HIP, RIGHT AROUND THAT SAME TIME, WAS THERE A MEDICAL
18 TREATMENT PLAN THAT YOU PUT TOGETHER FOR YOUR MOTHER?
19 A. I COULDN'T GIVE YOU A TIME ON THAT. I KNOW MY HUSBAND
20 AND I, AND DID IT ALSO FOR MY MOTHER, THAT STATEMENT THAT
21 INDICATES END OF CARE -- END-OF-LIFE CARE.
22 Q. SO DIRECTIVES ABOUT WHAT -- WHAT YOUR MOTHER WANTED AT
23 THE END OF HER LIFE, WHAT KIND OF MEDICAL TREATMENT?
24 A. WE DID IT FOR ALL THREE OF US, THAT'S CORRECT.
25 Q. AND THIS WAS DONE SIX MONTHS BEFORE SHE ENTERED THE
1 GEROPSYCHIATRIC UNIT? DOES THAT SOUND ABOUT RIGHT?
2 A. I DON'T KNOW WHEN IT WAS DONE.
3 Q. WELL, I'VE GOT -- I'VE GOT A COPY --
4 A. IF YOU'VE GOT THE DATE THEN --
5 Q. WELL, I'LL SHOW IT TO YOU AND WE CAN KIND OF WALK THROUGH
6 IT. THIS IS EXHIBIT -- PLAINTIFF'S EXHIBIT 2(C), AGAIN, THE
7 MEDICAL RECORDS. AND THE MEDICAL TREATMENT PLAN IS FOUND AT
8 MED 130 -- 193 AND 194.
9 HERE IS THE MEDICAL TREATMENT PLAN AND IT LOOKS LIKE THE
10 DATE -- THE DATE ON THERE IS JULY 17TH OF 1995?
11 A. OKAY.
12 Q. AND IT'S GOT DR. SUMKO'S NAME ON IT. NOW, HE WAS THE
13 PHYSICIAN THAT DID THE -- THE HIP SURGERY, RIGHT?
14 A. THAT'S CORRECT.
15 Q. AND THE DOCUMENT SAYS --
16 THE COURT: LET ME JUST ASK, JURORS, CAN YOU SEE
17 THAT? BLOW THAT UP A LITTLE BIT, IF YOU CAN.
18 MS. ISAACSON: WE'LL GO TO THE -- THE BLOW-UP OF
19 KIND OF THE RELEVANT PORTION.
20 THE COURT: ALL RIGHT.
21 Q. (BY MS. ISAACSON) BUT YOU PREPARED THIS DOCUMENT ON
22 BEHALF OF YOUR MOTHER, RIGHT?
23 A. I DID.
24 Q. IN JULY SHE WAS NOT IN A POSITION MENTALLY TO -- TO FILL
25 THIS OUT HERSELF, RIGHT?
1 A. WELL, SHE HADN'T -- WOULDN'T HAVE BEEN ABLE TO DO IT
2 THREE YEARS PREVIOUSLY EITHER. I MEAN, IT WOULD HAVE BEEN
3 SOMETHING THAT I WOULD HAVE CONFERRED WITH HER ABOUT AND --
4 Q. OKAY.
5 A. -- SO FORTH, BUT I WOULD HAVE FILLED IT OUT.
6 Q. OKAY. AND WAS SHE ABLE TO IN JULY OF 1995 TELL YOU THIS
7 LIST OF THINGS THAT SHE DIDN'T WANT DONE TO HER?
8 A. SHE COULD HAVE. I DON'T KNOW THAT SHE DID. I DON'T KNOW
9 HOW EXTENSIVE WE TALKED ABOUT IT.
10 Q. WELL, LET ME GO BACK AND -- AND THERE'S A -- THERE'S A
11 PORTION OF THE DOCUMENT AND IT'S SIGNED BY DR. SUMKO THAT
12 SAYS THAT -- THAT YOUR MOTHER WAS IN A MENTAL CONDITION THAT
13 SHE WASN'T ABLE TO GIVE HER OWN PERSONAL DIRECTION.
14 A. UH-HUH.
15 Q. THAT SHE WASN'T ABLE TO SAY FOR HERSELF AND SIGN FOR
16 HERSELF.
17 A. UH-HUH. I WOULD AGREE.
18 Q. YOU WOULD AGREE? OKAY.
19 WELL, LET'S GO INTO THE RELEVANT PORTION THAT TALKS
20 ABOUT EXACTLY WHAT IN JULY OF 1995 YOU WERE DIRECTING ON
21 BEHALF OF YOUR MOTHER. YOU INDICATED HERE ON THIS -- AND IS
22 THIS IN YOUR HANDWRITING?
23 A. IT IS.
24 Q. THAT YOU WANTED THE FOLLOWING TREATMENTS WITHHELD.
25 A. THAT'S CORRECT.
1 Q. IF YOUR MOTHER WAS TERMINAL.
2 A. BECAUSE WE WERE TOLD TO BE SPECIFIC AND WE HAD BEEN GIVEN
3 A LIST OF THINGS THAT MIGHT BE GOOD TO PUT ON A -- A LIST
4 THAT WAY AND THAT'S WHAT IT -- IT CAME FROM.
5 Q. AND YOU BELIEVED THAT -- THAT THESE WERE THINGS THAT YOUR
6 MOTHER DID NOT WANT TO HAVE DONE?
7 A. I WOULD SAY -- YES, I WOULD SAY SO.
8 Q. OKAY. AND THAT THERE WERE THINGS LIKE WITHHOLDING
9 TREATMENT OF OXYGEN, RESPIRATORY TREATMENTS, SUCTIONING,
10 MECHANICAL VENTILATION, C.P.R. -- KIND OF JUMPING THROUGH
11 HERE. DEFIBRILLATION -- THESE ARE ALL KIND OF SIMILAR TYPE
12 PROCEEDINGS.
13 A. UH-HUH.
14 Q. CHEMOTHERAPY, RADIATION, SURGERY, NO I.V. FLUIDS --
15 A. UH-HUH.
16 Q. -- NO GASTRIC TUBES. AND SPEAK WITH AN AUTHORIZED AGENT
17 BEFORE USING ANTIBIOTICS.
18 A. THAT'S CORRECT.
19 Q. SO IF -- IF SHE HAD DEVELOPED AN INFECTION, TALK WITH A
20 FAMILY MEMBER BEFORE YOU EVEN GAVE ANTIBIOTICS.
21 A. THAT WOULD BE CORRECT. AND IT WAS BECAUSE NONE OF THOSE
22 THINGS SEEMED IMMINENT WHEN WE BROUGHT HER TO THE DAVIS
23 HOSPITAL, THAT WE BROUGHT HER TO THE HOSPITAL TO HAVE THE
24 MENTAL CONDITION TREATED.
25 Q. SURE. AND -- BUT YOUR FEELING WAS AND -- AND THE
1 DIRECTIVE SAYS, IF -- IF SHE'S TERMINAL, THESE ARE THINGS
2 THAT WE -- THAT WE DON'T WANT DONE.
3 A. WE HAD NEVER -- NO ONE HAD EVER COME TO US WITH THAT AND
4 SAID THIS IS ON THIS CHART, AND SO YOU DON'T WANT US TO DO
5 THIS BECAUSE LIKE I SAID, WE HAD NOT FELT -- WE THOUGHT IT
6 WAS MONTHS AND MAYBE A YEAR OR TWO THAT SHE WOULD STILL BE IN
7 THIS CONDITION. AND THAT'S WHY MY SISTER AT THAT POINT HAD
8 GONE OUT AND TRIED TO FIND A PHYSICIAN OR A CARE CENTER OF
9 SOME SORT THAT COULD GIVE US THE HELP WITH THE MENTAL
10 SITUATION BECAUSE THIS JUST DIDN'T SEEM TO BE IN THE PICTURE.
11 Q. IT WAS -- IT WAS COMPLETELY UNEXPECTED TO YOU THAT --
12 THAT COMPLICATIONS WOULD HAPPEN AT THE HOSPITAL AND THAT SHE
13 WOULD PASS AWAY?
14 A. RIGHT. AND THE CARE CENTER, WHEN WE WENT BACK THE NEXT
15 DAY AND I TOLD THEM MY MOTHER HAD PASSED AWAY, THEY COULDN'T
16 BELIEVE IT BECAUSE SHE HAD SEEMED ALL RIGHT AS WE LEFT.
17 Q. BUT AGAIN, GOING BACK TO NOVEMBER OF 1995, AT LEAST HER
18 TREATING PHYSICIANS HAD NOTED MILD CONGESTIVE HEART
19 FAILURE.
20 A. THEY HADN'T SAID ANYTHING TO US.
21 Q. AT LEAST -- AT LEAST THE RECORDS THAT I SHOWED YOU --
22 A. YOU SHOWED ME RECORDS WHERE THEY HAD WRITTEN THAT.
23 Q. AND AT LEAST THERE HAD BEEN SOME DISCUSSION WITH YOU JUST
24 A MONTH PRIOR TO BEING ADMITTED TO THE UNIT THAT IF ANYTHING
25 WERE TO HAPPEN, NO EXTRAORDINARY MEASURES WERE TO BE TAKEN.
1 A. I THOUGHT THIS WAS DONE IN JULY, YOU SAID.
2 Q. WELL, THAT'S -- THAT'S THE MEDICAL TREATMENT PLAN THAT
3 WAS DONE IN JULY, BUT REMEMBER THE DOCUMENTS THAT I SHOWED
4 YOU FROM DR. KELLER AND DR. WILDING?
5 A. THAT INDICATED THAT --
6 Q. AT LEAST IN NOVEMBER THERE WAS INDICATION OF MILD
7 CONGESTIVE HEART FAILURE, ACCORDING --
8 A. WELL, SEE, THAT WAS ON THE RECORD, YES. I -- UH-HUH.
9 Q. AND ALSO A NOTE ABOUT A CHEST X-RAY AND A POSSIBLE TUMOR
10 IN THE LUNG.
11 A. THAT WAS ON THE RECORD, BUT IT HAD NOT BEEN CONVEYED TO
12 US.
13 MS. ISAACSON: I DON'T HAVE ANYTHING FURTHER.
14 THE COURT: REDIRECT?
15 MS. BARLOW: YES, PLEASE, YOUR HONOR.
16 REDIRECT EXAMINATION
17 BY MS. BARLOW:
18 Q. MRS. POELMAN, DO YOU RECALL ON THE 15TH OF NOVEMBER ANY
19 LEG SWELLING, COUGH, THAT SORT OF -- SHORTNESS OF BREATH,
20 THOSE KINDS OF PROBLEMS WITH YOUR MOTHER AT THE CARE CENTER?
21 A. I COULDN'T SAY THAT I DID REMEMBER THAT REMEMBER THAT.
22 Q. DO YOU RECALL HER EVER TAKING LASIX, A DIERETIC?
23 A. YES, I -- I THINK THAT WAS SOME OF THE MEDICATION THAT
24 SHE HAD BEEN GIVEN.
25 Q. AND IN FACT, THAT LASIX WAS -- WAS ORDERED ON THE 15TH OF
1 NOVEMBER WHEN THERE WAS THE SHORTNESS OF BREATH AND THE
2 SWELLING AND -- AND THAT SORT OF THING.
3 A. UH-HUH.
4 Q. DID -- DID SHE CONTINUE TO HAVE SWELLING AND SHORTNESS OF
5 BREATH AFTER THE 15TH OF NOVEMBER WHEN THE LASIX WAS ORDERED?
6 A. I JUST -- I DON'T REMEMBER.
7 Q. OKAY. NOW, DR. KELLER HAD WRITTEN A CHEST X-RAY WAS
8 TAKEN. THERE APPEARS TO BE A TUMOR ON THE LUNG. I'M GOING
9 TO HAVE IT REVIEWED BY THE RADIOLOGIST.
10 IF THAT REVIEW TURNED OUT NEGATIVE, WOULD YOU HAVE
11 EXPECTED TO HEAR ABOUT A TUMOR?
12 A. I CERTAINLY WOULD HAVE. YOU MEAN IF IT --
13 Q. IF IT TURNED OUT NEGATIVE --
14 A. OH.
15 Q. -- THAT IT WAS NOT A TUMOR, WOULD YOU HAVE EXPECTED TO
16 HEAR ABOUT A TUMOR?
17 A. OH, NO.
18 Q. IF IT HAD TURNED OUT POSITIVE, WOULD YOU HAVE EXPECTED
19 THE DOCTOR TO TELL YOU?
20 A. I -- I WOULD -- YES. UH-HUH.
21 Q. OKAY. SAME IF THERE WAS A LIFE-THREATENING PNEUMONIA,
22 WOULD YOU HAVE EXPECTED THE DOCTOR TO TELL YOU ABOUT IT?
23 A. YES, BECAUSE WE HAD INQUIRED MORE THAN ONCE ABOUT
24 SITUATIONS SUCH AS HER HEART OR OTHER THINGS AND TRYING TO
25 GET A FEEL FOR HER PHYSICAL CONDITION, AND NOTHING HAD EVER
1 BEEN CONVEYED TO US THAT ANYTHING BUT WHAT IT SEEMED LIKE SHE
2 WOULD CONTINUE ON.
3 Q. OKAY. NOW, THE MEDICAL TREATMENT PLAN THAT YOU SIGNED
4 INDICATES THAT DR. SUMKO, WHO WAS THE HIP SURGEON; IS THAT
5 CORRECT?
6 A. YES.
7 Q. HE -- HE INDICATED THAT YOUR MOTHER HAD BEEN IN HIS CARE
8 SINCE JUNE 19TH OF 1995. IS THAT WHEN HE DID THE HIP
9 SURGERY?
10 A. YES.
11 Q. AND AT THIS TIME IT WAS THE 17TH OF JULY, NEARLY A MONTH
12 LATER, AND HE INDICATES, THE DECLARANT, THE ABOVE-NAMED
13 PATIENT, IS CURRENTLY SUFFERING FROM THE FOLLOWING INJURY,
14 DISEASE, OR ILLNESS. AND HE'S WRITTEN IN, RIGHT HIP
15 FRACTURE. IS THAT THE PROBLEM SHE HAD AT THAT TIME?
16 A. THAT'S RIGHT.
17 Q. AND THEN IT SAYS, I CERTIFY I'VE EXPLAINED TO THE
18 DECLARANT TO THE EXTENT SHE'S ABLE TO UNDERSTAND AND TO THE
19 AVAILABLE PERSONS ACTING AS PROXY -- WHICH WOULD BE YOU; IS
20 THAT CORRECT?
21 A. (NODS HEAD.)
22 Q. THE REASONABLE -- REASONABLY AVAILABLE ALTERNATIVES FOR
23 CARE AND TREATMENT. I CERTIFY THE CARE AND TREATMENT
24 ALTERNATIVES DIRECTED BELOW ARE DONE BY -- BY YOURSELF AS THE
25 PROXY.
1 A. (NODS HEAD.)
2 Q. AND THEN IT SAYS, THE FOLLOWING CARE AND TREATMENT OR
3 WITHHOLDING OF TREATMENT IS DIRECTED WITH RESPECT TO THE
4 DECLARANT.
5 WERE YOU EXPECTING -- WELL, YOU'RE BASICALLY SAYING YOU
6 DON'T WANT HEROIC MEASURES TAKEN TO KEEP HER ALIVE --
7 A. THAT'S RIGHT.
8 Q. -- IS THAT CORRECT?
9 A. THAT'S RIGHT.
10 Q. IF SHE WERE TO GO NATURALLY -- YOU WANTED HER TO GO
11 NATURALLY.
12 A. THAT'S CORRECT.
13 Q. YOU DIDN'T WANT HER KEPT ALIVE ARTIFICIALLY --
14 A. THAT'S CORRECT.
15 Q. -- WITH FEEDING TUBES AND -- AND THAT SORT OF THING.
16 A. THAT'S RIGHT.
17 Q. DID THAT OPTION EVER HAVE TO PRESENT ITSELF?
18 A. IT NEVER DID.
19 Q. DID -- WHEN YOU WENT TO DAVIS NORTH DID YOU PREPARE A NEW
20 TREATMENT PLAN FOR THIS NEW PROBLEM?
21 A. I DIDN'T PREPARE ANYTHING.
22 Q. AND IT NEVER GOT TO THE POINT -- WELL, YOU'VE SAID YOU
23 NEVER THOUGHT IT WAS GOING TO GET TO THAT POINT.
24 A. NO.
25 Q. AT LEAST AT --
1 A. NO. THEY --
2 Q. -- THE GEROPSYCH UNIT.
3 A. -- INDICATED THAT THEY WOULD BE ABLE TO HELP US WITH
4 THE -- THE MENTAL CONDITION.
5 Q. OKAY.
6 A. THAT'S THE HELP WE WERE SEEKING.
7 Q. DID DR. WEITZEL EVER CALL YOU DURING -- I MEAN, WE'RE
8 TALKING SHE GOES IN ON THE 4TH -- EXCUSE ME, ON THE 29TH AT
9 4 P.M., AND BY ABOUT 8:55 THE NEXT MORNING SHE'S GONE. ABOUT
10 17 HOURS.
11 A. (NODS HEAD.)
12 Q. DID ANYONE FROM THE HOSPITAL TRY TO CONTACT YOU AND SAY
13 YOUR MOTHER IS FAILING, THERE ARE PROBLEMS HERE, THAT SORT OF
14 THING?
15 A. NO.
16 Q. WERE YOU HOME?
17 A. I WAS HOME UNTIL ABOUT APPROXIMATELY 7 A.M.
18 Q. DR. WEITZEL DID NOT CALL YOU AND TELL YOU, YOUR MOTHER'S
19 SINKING, SHOULD WE WITHHOLD ANYTHING?
20 A. 7:30.
21 Q. 7:30?
22 A. NO, NO ONE CALLED.
23 Q. OKAY. THANK YOU.
24 MS. BARLOW: THAT'S ALL I HAVE, YOUR HONOR.
25 THE COURT: RECROSS?
1 MS. ISAACSON: NO, YOUR HONOR.
2 THE COURT: YOU MAY STEP DOWN THEN, MS. POELMAN.
3 THANK YOU FOR TESTIFYING.
4 MAY THIS WITNESS BE EXCUSED, MS. BARLOW?
5 MS. BARLOW: YES, YOUR HONOR.
6 MS. ISAACSON: YES.
7 THE COURT: MS. ISAACSON?
8 YOU MAY BE EXCUSED, MS. POELMAN, AND THANK YOU FOR
9 TESTIFYING.