Merlin Larsen
5 MR. WILSON: WE WOULD CALL MERLIN LARSEN TO THE
6 STAND AT THIS TIME, YOUR HONOR.
7 THE COURT: IS HE OUT IN THE HALLWAY OR DO WE KNOW
8 WHERE HE IS?
9 MR. WILSON: I DON'T -- HE MAY NOT BE, YOUR HONOR.
10 I -- I APOLOGIZE.
11 MR. MAJOR: HE WAS IN THE HALLWAY WHEN I CAME IN,
12 YOUR HONOR.
13 THE COURT: ALL RIGHT. MR. LARSEN, WOULD YOU STEP
14 UP HERE, PLEASE? RIGHT UP TO THE FRONT. IF YOU'D COME RIGHT
15 UP HERE. IF YOU'D RAISE YOUR RIGHT HAND, PLEASE, AND FACE
16 THE CLERK RIGHT HERE.
17 MERLIN LARSEN,
18 BEING FIRST DULY SWORN, WAS EXAMINED AND
19 TESTIFIED AS FOLLOWS:
20 THE COURT: PLEASE HAVE A SEAT UP HERE, PLEASE,
21 MR. LARSEN.
22 GIVE US YOUR FULL NAME AND THEN SPELL YOUR LAST NAME, IF
23 YOU WOULD.
24 THE WITNESS: WHERE DO I PUT THIS?
25 THE COURT: JUST LEAVE IT RIGHT DOWN THERE AND SLIDE
1 UP AS CLOSE AS YOU CAN TO IT.
2 THE WITNESS: I'M MERLIN N. LARSEN, L-A-R-S-E-N.
3 THE COURT: YOU MAY PROCEED, MR. WILSON.
4 MR. WILSON: THANK YOU, YOUR HONOR.
5 DIRECT EXAMINATION
6 BY MR. WILSON:
7 Q. I -- I DIDN'T HEAR, DID YOU INDICATE WHERE YOU RESIDED?
8 THE COURT: HE DIDN'T.
9 A. I LIVE IN MURRAY.
10 Q. IN MURRAY, UTAH?
11 A. YES.
12 Q. OKAY. HOW LONG HAVE YOU LIVED IN MURRAY, MERLIN?
13 A. WELL, WITH AN INTERRUPTION IN THE COUNTY, FOR ABOUT 50
14 YEARS.
15 Q. OKAY. YOU'RE THE SON OF JUDITH LARSEN?
16 A. THAT'S RIGHT.
17 Q. AND YOUR MOTHER PASSED AWAY IN JANUARY OF 1996; IS THAT
18 CORRECT?
19 A. YES.
20 Q. OKAY. MERLIN, IN TERMS OF YOUR RELATIONSHIP WITH YOUR
21 MOTHER IN HER LAST YEAR OF HER LIFE, DID YOU OCCUPY ANY
22 PARTICULAR POSITION AS A GUARDIAN OR -- OR PERSONAL
23 REPRESENTATIVE FOR -- FOR HER?
24 A. YES. I -- I SAW MY MOTHER VERY FREQUENTLY.
25 Q. OKAY. AND -- AND WHERE DID SHE RESIDE JUST PRIOR TO THE
1 EVENTS OF JANUARY OF 1995?
2 A. SHE HAD LIVED FOR 18 YEARS IN THE SAME APARTMENT. IT WAS
3 AT 2484 SOUTH 7TH EAST.
4 Q. OKAY.
5 A. IN THE COUNTY.
6 Q. WAS THAT IN CLOSE PROXIMITY TO WHERE YOU WERE RESIDING AT
7 THAT TIME?
8 A. JUST A COUPLE OF MILES, THREE MILES PERHAPS.
9 Q. AND DID YOU HAVE -- WERE YOU -- IN LATE '94, THE EARLY
10 PART OF '95, DID YOU HAVE OCCASION TO VISIT WITH HER VERY
11 OFTEN?
12 A. YES. EVERY WEEK, NOT LESS THAN ONCE A WEEK, I TOOK HER
13 TO GET HER HAIR DONE. AND I IMAGINE I SAW HER 10 TIMES A
14 MONTH.
15 Q. OKAY. AS I UNDERSTAND IT, FROM -- FROM THE TESTIMONY OF
16 YOUR BROTHER, THERE'S LIKE SEVEN BROTHERS AND SISTERS IN THE
17 FAMILY?
18 A. YES.
19 Q. AND AT THAT TIME, WERE THERE ANY OTHER BROTHERS AND
20 SISTERS THAT WERE -- LIVED IN CLOSE PROXIMITY LIKE YOU DID?
21 A. MY SISTER, BARBARA, LIVED IN BENNION, TAYLORSVILLE. AND
22 SHE'S THE ONLY ONE THAT WAS CLOSER THAN --
23 Q. OKAY.
24 A. -- 50 MILES. BRIGHAM CITY.
25 Q. WAS THERE AN EVENT THAT OCCURRED IN -- IN JANUARY OF '95
1 WHERE YOUR MOTHER SUFFERED A STROKE?
2 A. YES.
3 Q. YOU RECALL APPROXIMATELY WHEN THAT TOOK PLACE?
4 A. VERY WELL. IT WAS ON FRIDAY THE 13TH OF JANUARY.
5 Q. AND WERE YOU PRESENT AT THE TIME SHE SUFFERED THE STROKE?
6 A. NO. IT HAD HAPPENED DURING THE EARLY MORNING HOURS, I
7 GUESS. I -- I WENT THERE ABOUT TEN O'CLOCK TO TAKE HER TO
8 GET HER HAIR DONE.
9 Q. THAT WAS ON FRIDAY THE 13TH?
10 A. THAT'S RIGHT. SHE --
11 Q. AND COULD YOU TELL US WHAT YOU OBSERVED UPON ARRIVING AT
12 HER HOME ON THAT DAY?
13 A. WELL, SHE WAS VERY UPSET AND DISORIENTED AND HAVING A --
14 A TERRIBLE HEADACHE. AND ABOUT THE ONLY THING SHE SAID WAS
15 OH, MER, WHAT'S HAPPENING? WHAT'S WRONG?
16 Q. SO WHAT DID YOU DO IN RESPONSE TO THAT, MR. LARSEN?
17 A. WELL, I CALLED MY SISTER -- MY WIFE AND MY SISTER,
18 BARBARA, AND THEY CAME SOON AFTER.
19 Q. DID YOU TAKE HER TO A MEDICAL FACILITY AT THAT TIME?
20 A. NOT THAT DAY. THAT'S -- NOT UNTIL THE NEXT DAY.
21 Q. OKAY. AND WHERE DID YOU TAKE HER WHEN YOU -- THE NEXT
22 DAY?
23 A. WE TOOK HER TO THE EMERGENCY ROOM AT THE L.D.S. HOSPITAL.
24 Q. WAS SHE ADMITTED TO THE HOSPITAL AT THAT TIME?
25 A. YES, FROM THE EMERGENCY ROOM SHE WAS ADMITTED TO THE
1 HOSPITAL.
2 Q. DO YOU REMEMBER WHO HER ATTENDING PHYSICIAN WAS ON THAT
3 PARTICULAR EVENT?
4 A. YOU MEAN AT -- PRESENT IN THE HOSPITAL?
5 Q. AT THE L.D.S. HOSPITAL?
6 A. I DO NOT.
7 Q. OKAY. IT WAS SUBSEQUENTLY REPORTED TO YOU, WAS IT NOT,
8 THAT SHE HAD SUFFERED A STROKE?
9 A. THAT WAS THEIR DIAGNOSIS.
10 Q. OKAY. HOW LONG DID SHE REMAIN IN THE HOSPITAL? DO YOU
11 REMEMBER?
12 A. ABOUT THREE OR FOUR DAYS, I THINK.
13 Q. DURING THAT TIME PERIOD, WERE THERE ANY TYPES OF SURGICAL
14 INTERVENTIONS OR ANYTHING OF THAT SORT THAT -- THAT WAS --
15 WAS DONE?
16 A. NO.
17 Q. WHAT TYPE OF TREATMENT DID SHE RECEIVE AT THE HOSPITAL,
18 TO YOUR RECOLLECTION?
19 A. MOSTLY OBSERVATION, I THINK.
20 Q. SO WHEN SHE WAS RELEASED, AS I RECALL SOME FOUR DAYS
21 LATER, WHAT WAS THE NEXT THING THAT WAS -- WAS DONE WITH YOUR
22 MOTHER IN HER CARE?
23 A. SHE WAS TAKEN TO THE WOODLAND REHABILITATION CENTER.
24 IT'S ON 7TH EAST JUST NORTH OF 39TH SOUTH.
25 Q. OKAY. AND DO YOU KNOW WHAT THE PURPOSE WAS FOR HER STAY
1 THERE?
2 A. RECOVERY.
3 Q. OKAY.
4 A. SHE HAD MEDICAL ATTENTION THERE AND STAYED THERE ABOUT A
5 MONTH.
6 Q. SHE WAS SUBSEQUENTLY RELEASED THEN?
7 A. YES.
8 Q. CAN YOU CHARACTERIZE FOR US WITH -- FOR US, IF YOU WOULD,
9 PLEASE, WHAT HER STATE OF HEALTH WAS GENERALLY AS TO BOTH
10 PHYSICAL AND MENTAL AT THE TIME SHE WAS RELEASED FROM THE
11 REHAB CENTER?
12 A. SHE WAS IN GOOD PHYSICAL HEALTH. I THINK THE
13 EXAMINATIONS IN THE HOSPITAL AND IN THE CARE CENTER, THEIR
14 MONITORING, SHE WAS ORGANICALLY VERY SOUND, GOOD HEART, BLOOD
15 PRESSURE. KIDNEYS AND BOWELS ALL FUNCTIONED PROPERLY. SHE
16 WAS MOBILE. WALKED EASILY.
17 Q. CAN YOU TELL US WHETHER OR NOT SHE EVER COMPLAINED AT
18 THAT TIME REGARDING ANY KIND OF PHYSICAL PAIN?
19 A. NO. NOT AT ANY TIME EXCEPT THAT SPLITTING HEADACHE ON
20 THE 13TH. MY MOM, THROUGH MANY YEARS, HAD HAD OCCASIONAL
21 HEADACHES. MANY PEOPLE DO I THINK FROM STRESS, WORRY.
22 Q. OKAY. AS TO HER -- SO SHE -- SHE HAD COMPLAINTS ABOUT
23 THE HEADACHES. ANY OTHER COMPLAINTS OF PAIN IN ANY OTHER
24 PART OF HER -- HER BODY?
25 A. NOT AT ALL. SHE WAS CONFUSED. HER MEMORY WAS NOT VERY
1 ACCURATE ABOUT NEAR-TERM THINGS, BUT SHE TALKED READILY.
2 Q. SO YOU SAY THAT SHE -- SHE SUBSEQUENTLY MOVED FROM THE
3 REHABILITATION CENTER AND SHE MOVED TO -- TO WHERE?
4 A. SHE WAS ADMITTED -- ACCEPTED, I SHOULD SAY, IN THE SALT
5 LAKE HOME. THAT'S THE NAME OF IT. AND IT'S LOCATED ON 2ND
6 NORTH AND WEST TEMPLE.
7 Q. WOULD THIS BE DESCRIBED AS AN ASSISTED LIVING FACILITY?
8 A. YES.
9 Q. OKAY. AND SHE CONTINUED TO RESIDE THERE UNTIL WHEN?
10 A. ABOUT SIX MONTHS UNTIL THE 25TH OF AUGUST.
11 Q. OF '95?
12 A. YES.
13 Q. OKAY. AND DID THERE SOMETHING HAPPEN ON THE 25TH OF
14 AUGUST OF '95 THAT NECESSITATED FURTHER MEDICAL TREATMENT?
15 A. YES, IT -- IT DID. I -- AGAIN I WENT THERE. IT WAS A
16 FRIDAY, TO TAKE HER TO HAVE HER HAIR DONE, WHICH WAS A HIGH
17 FOR HER, A PLEASANT THING. AND WHEN I WENT TO HER ROOM THERE
18 WERE -- IT WAS FULL OF PEOPLE, INCLUDING SOME MEDICAL PEOPLE.
19 THEY HAD SUMMONED AN AMBULANCE, I THINK -- I'M NOT SURE
20 WHETHER THAT WAS DONE BEFORE I CAME. BUT SHE HAD -- HAD
21 APPARENTLY HAD ANOTHER MENTAL ATTACK OF SOME KIND, A STROKE,
22 I PRESUME. WAS VERY CONFUSED AND AGITATED.
23 Q. DID YOU SEE ANY IMPAIRMENT IN HER PHYSICAL ABILITIES AT
24 THAT POINT?
25 A. NOT -- NOT REALLY PHYSICALLY. SHE WAS VIGOROUS
1 PHYSICALLY.
2 Q. OKAY.
3 A. AND --
4 Q. SO WAS SHE TRANSPORTED TO THE HOSPITAL AT THAT POINT?
5 A. YES. BY AMBULANCE.
6 Q. DO YOU KNOW HOW LONG SHE STAYED IN THE HOSPITAL?
7 A. WELL, THEY TOOK HER FIRST TO THE L.D.S. HOSPITAL WHICH
8 WAS NOT APPROPRIATE BECAUSE HER DOCTOR PRACTICED IN
9 COTTONWOOD HOSPITAL, SO THEY IMMEDIATELY CALLED ANOTHER
10 AMBULANCE AND TOOK HER TO THE.
11 COTTONWOOD HOSPITAL.
12 Q. WHO WAS HER DOCTOR AT THE --
13 A. DR. GREG STEVENS WAS HER --
14 Q. WHEN HAD YOU RETAINED HIS SERVICES AS HER PHYSICIAN? DO
15 YOU REMEMBER?
16 A. WHILE SHE WAS AT THE SALT LAKE HOME.
17 Q. SO THIS WOULD HAVE BEEN BACK IN THE SPRING OF --
18 A. IN THE SPRING, EARLY SPRING OF '95.
19 Q. OKAY.
20 A. SHE WAS NOT PLEASED WITH THE DOCTOR WHO WAS CONSIDERED
21 HER PERSONAL PHYSICIAN.
22 Q. SO --
23 A. WANTED CHANGE.
24 Q. DID DR. STEVENS SEE HER ON THE AUGUST 25TH DATE? DO YOU
25 KNOW?
1 A. AS I RECALL HER DOCTOR WAS NOT CALLED TO THE SALT LAKE
2 HOME, BUT WHILE SHE WAS IN THE COTTONWOOD HOSPITAL SHE WAS
3 VISITED BY DR. JAMES PEARCE WHO WAS BACK-UP FOR DR. STEVENS
4 WHO WAS OUT OF TOWN.
5 Q. AND DID YOU TALK WITH DR. PEARCE ON THAT OCCASION?
6 A. I DON'T REMEMBER.
7 Q. OKAY. DO YOU KNOW HOW LONG YOUR MOTHER WAS -- WAS --
8 STAYED AT THE COTTONWOOD HOSPITAL ON THAT PARTICULAR EVENT?
9 A. I THINK ABOUT THREE OR FOUR DAYS.
10 Q. OKAY. AND WHEN SHE WAS RELEASED FROM THE HOSPITAL, DID
11 YOU TAKE HER BACK TO THE SALT LAKE HOME?
12 A. NO, THEY -- THEY THOUGHT THAT WAS NOT APPROPRIATE BECAUSE
13 OF THEIR REQUIREMENTS OF HER INDEPENDENCE. SO WE ADMITTED
14 HER TO ANOTHER CARE CENTER.
15 Q. AND WHAT WAS THE NAME OF THAT CARE CENTER, SIR?
16 A. THAT'S HOLIDAY CARE CENTER OR REHABILITATION CENTER. I
17 THINK THEY'VE CHANGED THEIR NAME SOMEWHAT.
18 Q. IN -- IN RESPECT TO -- TO THE CARE CENTER -- WELL, FIRST
19 OF ALL LET ME -- STRIKE THAT. LET ME JUST ASK YOU, HAD HER
20 PHYSICAL HEALTH DURING THE FOUR DAYS THAT SHE WAS AT THE
21 COTTONWOOD HOSPITAL CHANGED IN ANY RESPECT TO YOUR
22 RECOLLECTION?
23 A. WELL, I RECALL WELL WHAT HAPPENED WHEN SHE WAS ADMITTED
24 TO THE HOSPITAL.
25 Q. OKAY. WHAT HAPPENED, SIR?
1 A. THEY IMMEDIATELY RESTRAINED HER IN BED, TIED DOWN HER
2 ARMS AND LEGS, AND HAD INSERTED INTRAVENOUS NEEDLES IN HER
3 ARMS. AND SHE FOUGHT VIGOROUSLY TO FREE HERSELF AND
4 SUCCEEDED IN DOING IT. SHE TORE THE NEEDLES OUT OF HER ARMS,
5 REMOVED THEM.
6 Q. NOW, WAS THIS SOMETHING YOU ACTUALLY OBSERVED HAPPEN
7 OR --
8 A. NO, I DIDN'T OBSERVE IT HAPPENING, BUT THE NURSES TOLD ME
9 ABOUT IT. SHE HAD --
10 Q. OKAY. AND AFTER I ASSUME YOU OBSERVED HER. DID SHE --
11 DID SHE INJURE HERSELF AS A RESULT OF THAT?
12 A. YES. HER ARMS WERE BLACK AND BLUE UP TO THE ELBOWS.
13 Q. BUT SHE COULD STILL -- SHE WAS STILL AMBULATORY, I
14 ASSUME, AT THAT TIME?
15 A. YES. YES.
16 Q. DID SHE -- DID SHE SEEM TO BE MORE CONFUSED THAN WHAT SHE
17 HAD -- WHAT YOU HAD EXPERIENCED EARLIER?
18 A. YES. SHE WAS -- SHE WAS VERY UPSET ABOUT BEING THERE,
19 ALWAYS WANTED TO GO HOME. AND SHE COULD CARRY ON A
20 CONVERSATION.
21 Q. OKAY.
22 A. AND SHE -- SHE WAS CALM WHILE I VISITED HER. I DON'T
23 KNOW HOW SHE WAS OTHERWISE AT THAT TIME.
24 Q. NOW, YOU INDICATE YOU -- SHE WAS TRANSFERRED AT THAT TIME
25 TO THE HOLIDAY CARE CENTER. AND WAS THERE ANOTHER INCIDENT
1 THAT OCCURRED IN SEPTEMBER OF '95 AFTER SHE'D BEEN
2 TRANSFERRED TO THE HOLIDAY CARE CENTER?
3 A. YES, THERE WAS. THERE WERE TWO INCIDENTS CLOSE TOGETHER.
4 Q. OKAY.
5 A. BOTH RESULTED OR WERE CAUSED BY THEIR RESTRAINING HER.
6 WE -- WHEN WE TOOK HER TO THE HOLIDAY CARE CENTER, THE VERY
7 FIRST NIGHT THEY RESTRAINED HER BY RAISING THE RAILS AROUND
8 HER BED ON HER BED. AND IN THE MIDDLE OF THE NIGHT SHE
9 CLIMBED OVER THOSE RAILS AND FELL TO THE FLOOR, FELL --
10 STRUCK THE BACK OF HER HEAD ON THE FLOOR. AND THEY CALLED ME
11 AND MY WIFE ROBERTA AND I WENT UP AND TOOK HER TO THE
12 EMERGENCY ROOM OF THE ST. MARKS HOSPITAL.
13 Q. I SEE.
14 A. IT WAS IN THE EARLY HOURS OF THE MORNING, TWO O'CLOCK
15 PERHAPS.
16 Q. AND DID SHE RECEIVE ANY MEDICAL TREATMENT WHILE SHE WAS
17 THERE?
18 A. WELL, THEY IMMEDIATELY ATTENDED TO HER INJURED HEAD. AND
19 WHATEVER ELSE THEY DID, I DON'T KNOW. SHE WASN'T BADLY HURT.
20 Q. OKAY.
21 A. JUST A BUMP ON THE HEAD. SHE WAS CONFUSED AS ALWAYS AND
22 DISTURBED AT BEING WHERE SHE WAS.
23 Q. DID SHE SUBSEQUENTLY -- YOU SUBSEQUENTLY RETURNED HER, I
24 ASSUME, TO --
25 A. WE TOOK HER BACK TO THE HOLIDAY CARE CENTER THAT SAME
1 MORNING.
2 Q. AND DID YOU EXPERIENCE A SIMILAR EPISODE LATER ON IN --
3 IN THE NEXT MONTH?
4 A. I DON'T KNOW HOW MANY DAYS LATER, BUT IT WAS JUST DAYS.
5 THE SAME THING HAPPENED AGAIN. THEY RESTRAINED HER AGAIN AND
6 WHEN I PROTESTED THEY SAID THAT IT -- THEY WERE REQUIRED TO
7 DO SO. BUT SHE WENT OVER THE RAILS AGAIN AND FELL TO THE
8 FLOOR ON HER FACE AND FOREHEAD. AND THIS WAS IN THE
9 AFTERNOON. I HAD GONE ON MY VISIT TO HER AND WHEN I WENT IN
10 TO HER ROOM, IT WAS FILLED WITH PEOPLE AND A LOT OF BLOOD ON
11 THE FLOOR. AND THEY --
12 Q. SO SHE WAS --
13 A. -- PREPARED TO TAKE HER TO THE EMERGENCY ROOM.
14 Q. AND WHERE DID THEY TAKE HER?
15 A. COTTONWOOD HOSPITAL.
16 Q. OKAY. AND AS I UNDERSTAND IT, YOU WERE THERE FOR A
17 SIGNIFICANT PERIOD OF TIME BEFORE SHE WAS TREATED; IS THAT
18 CORRECT?
19 A. A LONG TIME. BEFORE WE LEFT THE CARE CENTER, I REMEMBER
20 I CALLED DR. STEVENS AND HE SAID TAKE HER TO THE EMERGENCY
21 ROOM AT THE COTTONWOOD HOSPITAL AND I'LL MEET YOU THERE.
22 WELL, I TOOK HER -- THEY TOOK HER IN A VAN FURNISHED BY THE
23 CARE CENTER AND TOOK HER TO THE HOSPITAL, AND I FOLLOWED HER
24 IN MY CAR.
25 Q. OKAY. ONCE -- ONCE SHE FINALLY DID RECEIVE MEDICAL
1 ATTENTION, DO YOU RECALL WHETHER OR NOT SHE STAYED AT THE
2 HOSPITAL ON THAT PARTICULAR OCCASION?
3 A. YES. SHE -- SHE SAT IN THE WHEELCHAIR IN THE EMERGENCY
4 ROOM LOBBY UNATTENDED -- VIRTUALLY UNATTENDED FOR HOURS.
5 Q. OKAY. DID SHE -- DID SHE ACTUALLY THOUGH -- WAS SHE
6 ACTUALLY EVER ADMITTED TO THE HOSPITAL ITSELF?
7 A. YES, SHE WAS. I -- I WANTED TO SAY THE EMERGENCY ROOM
8 WAS VERY, VERY CROWDED WITH OTHER PEOPLE'S PROBLEMS, MORE
9 THAN I'VE EVER SEEN IN --
10 Q. OKAY.
11 A. -- EMERGENCY ROOM, BUT THE ONLY ATTENTION SHE GOT WAS
12 THEY GAVE ME ONE OF THESE KIDNEY-SHAPED TRAYS AND I HELD IT
13 UNDER HER CHIN FOR HOURS BECAUSE SHE WAS OCCASIONALLY
14 VOMITING. SHE HAD A CONCUSSION AS IT WAS DETERMINED.
15 Q. FROM THE FALL?
16 A. FROM THE FALL. SHE HAD BADLY INJURED HER HEAD -- HER
17 FOREHEAD. DIDN'T BREAK ANY BONES, BUT SHE DID HAVE
18 CONCUSSION AND SHE WAS VOMITING. AND I STAYED WITH HER AND
19 DR. STEVENS DIDN'T APPEAR, AND SHE WAS FINALLY ATTENDED TO BY
20 THE NURSES THERE LATE AT NIGHT. IT SEEMED LIKE IT WAS ABOUT
21 8:30 OR 9 O'CLOCK. AND THE DOCTORS THERE ATTENDED HER.
22 Q. WAS SHE ACTUALLY ADMITTED TO THE HOSPITAL?
23 THE COURT: MR. WILSON --
24 A. PARDON ME?
25 THE COURT: -- CAN YOU DIRECT TESTIMONY A LITTLE BIT
1 MORE SO WE CAN MOVE ALONG?
2 MR. WILSON: I WILL.
3 THE COURT: THANK YOU.
4 A. THEY -- THEY DID --
5 Q. (BY MR. WILSON) LET ME -- LET ME JUST --
6 A. EXCUSE ME.
7 Q. -- INTERRUPT YOU FOR A SECOND, MERLIN, IF I MIGHT. AS I
8 UNDERSTAND IT SHE -- SHE DID SPEND SOME TIME AT THE HOSPITAL;
9 IS THAT CORRECT? ON THAT OCCASION?
10 A. SHE -- SHE DID. SHE SPENT -- THEY ADMITTED HER LATE THAT
11 NIGHT, TEN O'CLOCK, AND DR. STEVENS THEN CAME TO HER.
12 Q. OKAY.
13 A. SHE STAYED THERE OVERNIGHT.
14 Q. AND THEN SHE RETURNED TO THE CARE CENTER?
15 A. THAT'S RIGHT.
16 Q. THE FOLLOWING DAY?
17 A. I THINK IT WAS THE MORNING THE NEXT DAY.
18 Q. OKAY. NOW, CALLING YOUR ATTENTION -- AND AGAIN, DID YOU
19 NOTICE ANY CHANGES AFTER THAT PARTICULAR INCIDENT RELATIVE TO
20 HER PHYSICAL HEALTH?
21 A. IT JUST SEEMED MORE OF THE SAME.
22 Q. OKAY.
23 A. SHE WAS CALM WHEN I WAS PRESENT.
24 Q. WHEN YOU WERE PRESENT WITH HER?
25 A. WE DIDN'T -- WE DIDN'T TALK MUCH.
1 Q. OKAY. DID -- AFTER YOU RETURNED HER TO THE HOME, DID
2 THERE COME A TIME IN -- I THINK IT WAS THE EARLY PART OF
3 DECEMBER OF 1995 WHEN YOU MET WITH THE PEOPLE AT THE CARE
4 CENTER IN REGARDS TO SOME BEHAVIORAL PROBLEMS THAT YOUR
5 MOTHER WAS EXPERIENCING?
6 A. YES. THEY -- SHE WAS VERY DISTURBING, MADE A LOT OF
7 NOISE. SHE CRIED AND SHOUTED. VERY LOUD AND DISTURBING.
8 SHE'D CALM DOWN WHEN I CAME TO VISIT HER, BUT I COULD HEAR
9 HER CRYING AND SHOUTING WHEN I ENTERED THE BUILDING. SHE WAS
10 ON THE UPSTAIRS FLOOR IN THE BACK OF THE BUILDING AND I COULD
11 HEAR HER FROM THE FRONT DOOR.
12 Q. SO THEY HAD HER SECLUDED FROM THE OTHER RESIDENTS IN THE
13 BUILDING?
14 A. NO. SHE WAS STILL IN A PRIVATE ROOM.
15 Q. BUT YOU COULD STILL HEAR HER?
16 A. YES, SHE WAS --
17 Q. OKAY.
18 A. -- QUITE LOUD.
19 Q. WAS THERE DISCUSSIONS THAT CENTERED AROUND GETTING HER
20 SOME ASSISTANCE IN MODIFYING EITHER HER MEDICATIONS OR
21 BEHAVIOR?
22 A. I'D LIKE TO SAY THIS ABOUT GOING OVER THE RAILS IN HER
23 BED. I SUGGESTED AND THEY COMPLIED WITH MY SUGGESTION THAT
24 THEY MAKE HER BED ON THE FLOOR.
25 Q. OKAY.
1 A. SO THEY PUT HER MATTRESS ON THE FLOOR.
2 Q. SO SHE WOULDN'T HAVE ANY MORE OF THOSE INJURIES?
3 A. FROM THAT TIME ON.
4 Q. I APPRECIATE THAT, SIR.
5 IN RESPECT TO THE -- THE CARE CENTER ITSELF, DID -- DID
6 THOSE DISCUSSIONS CENTER AROUND MAYBE MOVING HER TO THE
7 GEROPSYCH UNIT AT THE DAVIS HOSPITAL?
8 A. IT WAS AROUND THE FIRST OF DECEMBER, THE NURSES ON ONE OF
9 MY VISITS TOLD ME THAT THEY HAD -- THAT THEY KNEW OF A
10 GEROPSYCHIATRIC UNIT IN THE DAVIS HOSPITAL WHERE THERE --
11 THEY HAD HAD SOME SUCCESS IN IMPROVING THE BEHAVIOR OF PEOPLE
12 WHO WERE HAVING MY MOTHER'S -- BEHAVING AS SHE WAS BEHAVING.
13 Q. SO DID YOU EXPLORE THIS PARTICULAR OPTION?
14 A. THEY RECOMMENDED THAT WE CONSIDER ADMITTING HER THERE AND
15 I CONTACTED MY BROTHERS AND SISTERS AND WE AGREED THAT IT WAS
16 WORTH A TRY. SO WE DID ADMIT HER AND THEY TOOK HER OUT THERE
17 TO THE DAVIS HOSPITAL IN THEIR VAN AND I FOLLOWED IN MY CAR.
18 Q. DO YOU REMEMBER WHAT DATE THAT WAS?
19 A. I DO. IT WAS THE 6TH OF DECEMBER.
20 Q. AND UPON GETTING THERE, DID YOU ASSIST IN HER GETTING
21 ADMITTED TO THE FACILITY?
22 A. YES. THEY TOOK HER RIGHT IN. I WAS PRESENT AND STAYED
23 FOR SEVERAL HOURS.
24 Q. NOW, WAS THERE ANY DOCUMENTS THAT WERE ALSO SUBMITTED
25 FROM THE CARE CENTER TO THE GEROPSYCH UNIT AT THAT TIME TO
1 YOUR RECOLLECTION?
2 A. YOU MEAN --
3 Q. MEDICAL --
4 A. OH, I IMAGINE THE CARE CENTER SENT --
5 Q. OKAY.
6 A. -- INFORMATION, WRITTEN INFORMATION TO THE HOSPITAL.
7 Q. WAS YOUR MOTHER AMBULATORY AT THAT TIME? COULD SHE WALK?
8 A. SHE WAS LARGELY CONFINED TO A WHEELCHAIR. SHE COULD
9 STAND, AND I GUESS SHE COULD COOPERATE WITH THE NURSES WHO
10 ATTENDED TO HER CARE PERSONALLY. BUT SHE WAS IN A
11 WHEELCHAIR.
12 Q. OKAY. NOW --
13 THE COURT: MR. WILSON, HOW MUCH LONGER WILL YOUR
14 EXAMINATION TAKE?
15 MR. WILSON: I -- I WOULD IMAGINE PROBABLY GOING TO
16 GO ANOTHER 20 MINUTES, YOUR HONOR.
17 THE COURT: TAKE OUR BREAK AT THIS TIME.
18 WE'LL TAKE OUR LUNCH BREAK AT THIS TIME, MR. LARSEN.
19 WE'LL ASK YOU TO TAKE THE STAND AFTER LUNCH WHEN WE BEGIN
20 TRIAL AGAIN.
21 LADIES AND GENTLEMEN, WE'LL EXCUSE YOU AT THIS TIME.
22 WE'D LIKE YOU BACK AT 1:20. AGAIN, REMIND YOU OF MY PRIOR
23 ADMONITION. WE'LL SEE YOU BACK AT 1:20.
24 YOU MAY STEP DOWN, MR. LARSEN. THANK YOU. COURT'S IN
25 RECESS.
11-6-02 P.M. SESSION
10 FARMINGTON, UTAH NOVEMBER 6, 2002 1:20 P.M.
11 THE COURT: ALL RIGHT. COURT IS BACK IN SESSION.
12 PARTIES AND COUNSEL ARE PRESENT. JURY IS IN THE JURY BOX.
13 MR. LARSON, WOULD YOU COME BACK TO THE STAND PLEASE? AND I
14 REMIND YOU THAT YOU'RE STILL UNDER OATH. MR. WILSON, YOU MAY
15 CROSS-EXAMINE.
16 MS. ISAACSON: ACTUALLY, YOUR HONOR, WE HAVE A MATTER
17 THAT IF WE COULD JUST HANDLE SUMMARILY, WE HAVE A NUMBER OF
18 MEDICAL RECORDS THAT ARE GOING COME IN BY STIPULATION. WE
19 THOUGHT WE COULD QUICKLY DO THAT NOW.
20 THE COURT: MAY DO THAT.
21 MS. ISAACSON: DEFENDANT'S EXHIBIT -- WE OFFER
22 DEFENDANT'S EXHIBIT 4, MEDICAL RECORDS FROM DR. WILDING.
23 THE COURT: THAT HAS ALREADY BEEN RECEIVED.
24 MS. ISAACSON: GREAT. D-5, PIONEER MEDICAL RECORDS
25 RELATED TO ELLEN ANDERSON.
1 THE COURT: OKAY.
2 MS. ISAACSON: D-6, JUDITH LARSON MEDICAL RECORDS
3 RELATED TO COTTONWOOD HOSPITAL.
4 THE COURT: OKAY.
5 MS. ISAACSON: D-7, DR. STEVENS MEDICAL RECORDS FOR
6 JUDITH LARSON.
7 THE COURT: OKAY.
8 MS. ISAACSON: D-8, MARY CRANES ALTA VIEW HOSPITAL
9 RECORDS.
10 THE COURT: OKAY.
11 MS. ISAACSON: D-9, DR. STUBBS RECORDS FOR MARY CRANE.
12 THE COURT: OKAY.
13 MS. ISAACSON: D-10, LYDIA SMITH'S MEDICAL RECORDS FOR
14 DR. SOUTHWORTH.
15 THE COURT: OKAY.
16 MS. ISAACSON: 11 LAKEVIEW HOSPITAL MEDICAL RECORDS FOR
17 LYDIA SMITH.
18 THE COURT: ALL RIGHT.
19 MS. ISAACSON: AND D-12, DR. CUNNINGHAM'S MEDICAL
20 RECORDS FOR ENNIS ALLDREDGE.
21 THE COURT: IS THIS THE STATE'S AGREEMENT, MR. WILSON?
22 MR. WILSON: IT IS, YOUR HONOR.
23 THE COURT: EXHIBITS 4 THROUGH 12 ARE RECEIVED OF THE
24 DEFENDANT.
25 MR. MAJOR: YOUR HONOR THEN WE ALSO HAVE SOME MEDICAL
1 RECORDS THAT THE STATE HAS. THOSE WOULD BE EXHIBIT NUMBER
2 2-A. WHICH IS THE MEDICAL RECORDS FOR ELLEN ANDERSON WHICH
3 WERE OBTAINED FROM THE NURSING HOME.
4 THE COURT: HAS BEEN RECEIVED.
5 MR. MAJOR: 2-C WOULD BE THE MEDICAL RECORDS FROM DAVIS
6 HOSPITAL FOR ELLEN ANDERSON. 2-F IS AN X-RAY OF -- A CHEST
7 X-RAY OF ELLEN ANDERSON TAKEN ON NOVEMBER 18 OF 1995. 2-G
8 WOULD BE AN X-RAY OF ELLEN ANDERSON'S CHEST TAKEN ON DECEMBER
9 30 OF 1995. 3-A ARE THE MEDICAL RECORDS FROM THE NURSING
10 HOME FOR JUDITH LARSON. 3-B WOULD BE THE MEDICAL RECORDS OF
11 THE DAVIS HOSPITAL FOR JUDITH LARSON. 3-A -- 3-E. WOULD BE A
12 SET OF M.R.I. RECORDS TAKEN OF JUDITH LARSON ON AUGUST 26TH
13 OF 1995. 3-F WOULD BE A M.R.I. TAKEN OF JUDITH LARSON ON
14 SEPTEMBER 14TH. BOTH OF THOSE WERE TAKEN AT COTTONWOOD
15 HOSPITAL. AND THEN 3-G WOULD BE THE M.R.I. TAKEN OF JUDITH
16 LARSON ON DECEMBER 26TH AT DAVIS HOSPITAL. 4-A WOULD BE
17 NURSING HOME RECORDS FOR MARY CRANE.
18 THE COURT: WHICH NUMBER?
19 MR. MAJOR: 4-A.
20 THE COURT: OKAY.
21 MR. MAJOR: 4-B WOULD BE THE MEDICAL RECORDS FOR MARY
22 CRANE FROM THE DAVIS HOSPITAL. THEN WE WOULD GO TO 5-A, YOUR
23 HONOR. THOSE ARE NURSING HOME RECORDS FOR LYDIA SMITH. 5-B
24 ARE THE MEDICAL RECORDS OF DAVIS HOSPITAL FOR LYDIA SMITH.
25 AND NEXT WE HAVE 6-A WHICH ARE THE NURSING HOME RECORDS FOR
1 ENNIS ALLDREDGE. 6-B MEDICAL RECORDS FROM DAVIS HOSPITAL FOR
2 ENNIS ALLDREDGE. AND 6-E IS AN M.R.I. THAT WAS PERFORMED ON
3 ENNIS ALLDREDGE ON JANUARY 12TH OF 1996.
4 THE COURT: IS THAT THE EXHIBITS?
5 MR. MAJOR: THAT'S THE EXHIBITS WE HAVE AT THIS TIME.
6 THE COURT: IS THAT THE DEFENDANT'S STIPULATION,
7 MS. ISAACSON?
8 MS. ISAACSON: IT IS.
9 THE COURT: THOSE EXHIBIITS MAY BE RECEIVED THEN. AND
10 YOU MAY PROCEED, MR. WILSON.
11 MR. WILSON: THANK YOU, YOUR HONOR.
12 Q. (BY MR. WILSON) MR. LARSON, I THINK WE LEFT IT WITH
13 ABOUT THE TIME YOUR MOTHER WAS ADMITTED TO THE GERO-PSYCH
14 UNIT AT THE DAVIS HOSPITAL. WHAT WAS THE PURPOSE FOR THAT
15 PARTICULAR TRANSFER THE DAVIS HOSPITAL?
16 A. WELL PEOPLE AT HOLLADAY CARE CENTER SAID THAT THERE WAS
17 SOME CHANCE OF IMPROVING MY MOTHER'S BEHAVIOR AND QUALITY OF
18 LIFE TO GET OVER HER SHOUTING AND CRYING.
19 Q. DID YOU SPEAK WITH ANYBODY AT THE STAFF OF THE
20 GERO-PSYCHIATRIC UNIT AT THE DAVIS HOSPITAL PRIOR TO YOUR
21 MOTHER BEING TRANSPORTED THERE?
22 A. NO.
23 Q. OKAY. DO YOU KNOW WHETHER OR NOT THERE WAS
24 CONVERSATIONS BETWEEN THE STAFF AT THE NURSING HOME FACILITY
25 AND THE PEOPLE AT THE PSYCHIATRIC GERO-PSYCHIATRIC UNIT AT
1 THE DAVIS HOSPITAL?
2 A. I DON'T KNOW ANYTHING ABOUT THAT.
3 Q. OKAY WHO MADE THE ARRANGEMENTS IN CONNECTION WITH THAT
4 TRANSFER DO YOU KNOW THAT?
5 A. EITHER THE PEOPLE AT THE CARE CENTER OR A DOCTOR, I
6 DON'T KNOW.
7 Q. OKAY. YOU DID NOT PARTICIPATE IN THAT --
8 A. NO.
9 Q. -- PROCESS? OKAY. NOW, I WANT TO YOU TRY TO DESCRIBE
10 AS BEST YOU CAN YOUR MOTHER'S PHYSICAL HEALTH AT THE TIME SHE
11 ENTERED THE GERO-PSYCH UNIT AT THE DAVIS HOSPITAL. CAN YOU
12 DO THAT FOR ME PLEASE ?
13 A. WELL SHE SHE WAS NOISY AND UPSET WHEN SHE LEFT THE CARE
14 CENTER AND AND WAS STILL NOISY. TO PUT A WORD ON IT.
15 Q. OKAY.
16 A. WHEN SHE ENTERED THE GERO-PSYCH UNIT.
17 Q. COULD SHE --- I THINK YOU INDICATED THAT SHE WAS THOUGH IN A
18 WHEELCHAIR AT THAT TIME IS THAT CORRECT?
19 A. YES.
20 Q. COULD SHE WALK IF SHE NEEDED TO WALK?
21 A. I DON'T KNOW.
22 Q. OKAY. HOW LONG HAD SHE BEEN IN THE WHEELCHAIR PRIOR TO
23 GOING UP TO THE DAVIS HOSPITAL?
24 A. I DON'T KNOW IF IT WAS CONSTANTLY BUT SHE WAS ALWAYS IN
25 A WHEELCHAIR WHEN I WENT TO VISIT HER DURING THE THE LAST
1 PERHAPS SIX WEEKS TO TWO MONTHS.
2 Q. OKAY. NOW YOU INDICATED THAT SHE WAS SHE WAS
3 EXPERIENCING SOME PROBLEMS WHERE SHE WAS BEING NOISY. WOULD
4 SHE SCREAM OUT, WHAT?
5 A. WELL SHE MAINLY DIDN'T MAKE ANY SENSE THE THINGS THAT
6 SHE SHOUTED ABOUT.
7 Q. OKAY. WHEN YOU WERE PRESENT WITH HER WOULD SHE CONTINUE
8 IN THAT PARTICULAR BEHAVIOR PATTERN?
9 A. PARDON ME?
10 Q. WHEN YOU WERE PRESENT WITH HER, WOULD SHE SCREAM OUT --
11 A. NO.
12 Q. -- AND ACT IN THAT FASHION?
13 A. NO. SHE QUIETED DOWN WHEN SHE SAW ME COMING DOWN THE
14 HALL. WE HAD A PLEASANT TIME TOGETHER. I -- ON GOOD DAYS, I
15 TOOK HER OUT INTO THE YARD IN THE BACK OF THE CARE CENTER.
16 THE COURT: LET'S STICK WITH THE HOSPITAL. WE'RE PAST
17 THE CARE CENTER, AREN'T WE?
18 A. I'M SORRY
19 THE COURT: MR. WILSON.
20 Q. (BY MR. WILSON) SO AT THE HOSPITAL, DID SHE CONVERSE
21 WITH YOU AFTER YOU'D ADMITTED HER TO THE HOSPITAL?
22 A. YES. SHE SHE'D MAKE -- SHE WOULD TALK WITH ME.
23 Q. OKAY WAS SHE -- WAS SHE COGNIZANT OF WHO YOU WERE?
24 A. YES.
25 Q. THINGS AROUND HER?
1 A. YES SHE WAS.
2 Q. WAS SHE AWARE THAT SHE HAD BEEN MOVED FROM THE CARE
3 CENTER TO THE HOSPITAL?
4 A. I DON'T THINK SHE DISTINGUISHED BETWEEN THE PLACES WHERE
5 SHE WAS RESTRAINED.
6 Q. NOW, SHE SHE STAYED AT THE HOSPITAL FROM DECEMBER 6 UP
7 UNTIL THE DATE OF HER DEATH ON JANUARY THIRD IS THAT CORRECT?
8 A. THAT'S RIGHT.
9 Q. AND DURING THAT TIME FRAME DID YOU VISIT WITH HER ON A
10 REGULAR BASIS?
11 A. NOT NEARLY AS FREQUENTLY AS I HAD BEFORE.
12 Q. OKAY. HOW REGULAR WOULD YOU VISIT WITH HER?
13 A. IN THE FOUR WEEKS THAT WAS EXACTLY FOUR WEEKS THAT SHE
14 WAS THERE, I BELIEVE -- I BELIEVE I VISITED HER SEVEN OR
15 EIGHT TIMES.
16 Q. OKAY. AND AS TO THOSE PARTICULAR VISITS WOULD THEY
17 OCCUR AT ANY PARTICULAR TIME OF DAY?
18 A. GENERALLY IN THE AFTERNOON.
19 Q. OKAY. AND WOULD ANYBODY ACCOMPANY YOU ON THOSE VISITS
20 A. I DON'T RECALL CLEARLY BUT I DON'T RECALL -- I DON'T
21 THINK SO. I GENERALLY WENT BY MYSELF.
22 Q. OKAY CAN YOU DESCRIBE FOR US IF YOU WOULD PLEASE,
23 MERLIN, WHAT CHANGES YOU OBSERVED IN YOUR MOTHER'S BEHAVIOR
24 FROM THE TIME SHE WAS ADMITTED TO THE PSYCHIATRIC UNIT TO THE
25 TIME OF HER DEATH.
1 A. WELL AFTER ABOUT TEN DAYS OR TWO WEEKS, SHE SELDOM SPOKE
2 TO ME.
3 Q. OKAY.
4 A. AND I'D SAY DURING THE THIRD WEEK SHE BECAME BEDFAST
5 APPARENTLY. SHE WAS ALWAYS IN HER BED WHEN I VISITED HER THE
6 LAST TWO WEEKS, TEN DAYS, TWO WEEKS OF TIME. SHE NEVER SPOKE
7 TO ME. AND I COULDN'T TELL THAT SHE KNEW I WAS THERE.
8 Q. OKAY SO WOULD SHE -- WOULD SHE HAVE HER EYES CLOSED
9 WOULD THEY BE OPEN WHEN YOU WERE THERE?
10 A. I DON'T THINK THEY WERE CLOSED ALL THE TIME WHILE SHE
11 WAS NOT IN HER BED.
12 Q. OKAY.
13 A. THE LAST TEN DAYS, SHE WAS IN HER BED EVERY TIME I
14 VISITED HER.
15 Q. SO FROM ABOUT THE 3RD OF DECEMBER ON, I TAKE IT SHE WAS
16 IN HER BED?
17 A. MAYBE EVEN BEFORE THAT.
18 Q. MAYBE EVEN BEFORE THAT?
19 A. SHE WAS IN SHE WAS IN HER BED WHEN WE VISITED HER AT
20 CHRISTMASTIME.
21 Q. SO SHE DIDN'T COMMUNICATE WITH YOU AT THAT TIME?
22 A. NOT NOT IN ANY -- NOT WHAT I'D CALL COMMUNICATING.
23 Q. OKAY DID YOU HAVE ANY CONVERSATIONS WITH ANY OF THE
24 NURSES OR OTHER INDIVIDUALS ABOUT HER BEHAVIOR THAT YOU WERE
25 OBSERVING AT THAT TIME?
1 A. I DON'T RECALL WHAT IF ANY I DID.
2 Q. OKAY.
3 A. I'M SURE I SPOKE TO THE NURSES. I RECOGNIZED A COUPLE
4 OF THEM. I KNEW ONE OF THEM BY NAME AND ONLY ONE WHO I
5 REMEMBER.
6 Q. DURING THOSE LAST TEN DAYS, DID YOU MAKE ANY
7 OBSERVATIONS AS TO YOUR MOTHER HAVING ANY PAIN OR
8 EXPERIENCING ANY PAIN? PHYSICAL PAIN?
9 A. THERE WAS NO INDICATION THAT SHE WAS IN PAIN, NO.
10 Q. HAD YOUR -- TO YOUR KNOWLEDGE DO YOU KNOW WHAT KIND OF
11 MEDICATIONS SHE WAS RECEIVING DURING THAT TIME PERIOD?
12 A. I REMEMBER CHECKING TO SEE THAT SHE WAS GETTING THE SAME
13 MEDICATIONS THAT SHE HAD NEEDED BEFORE SHE WENT THERE. SHE
14 USED A MEDICATION FOR THYROID AND SHE HAD HE GLAUCOMA IN HER
15 EYES AND REQUIRED A MEDICATION TWICE A DAY FOR THAT.
16 Q. OTHER THAN THOSE MEDICATIONS DO YOU RECALL ANY OTHER
17 MEDICATIONS THAT MAYBE YOU WERE ADVISED OF THAT SHE WAS
18 RECEIVING?
19 A. ASSUMED THAT SHE WAS GIVEN PSYCHOTROPIC DRUGS. THAT WAS
20 UNDERSTOOD AS PART OF THE PROCEDURE THERE. I NEVER KNEW THE
21 NAMES OF THEM.
22 Q. DID THERE COME A TIME DURING THE COURSE OF HER
23 HOSPITALIZATION THAT YOU WERE ADVISED THAT YOU WOULD NEED TO
24 MOVE HER FROM THE GERO-PSYCH UNIT?
25 A. I EXPECTED THAT BECAUSE WHEN WE ADMITTED HER, IT WAS
1 WITH THE UNDERSTANDING A RULE OF THE UNIT, THAT IF SHE FAILED
2 TO SHOW IMPROVEMENT IN A COUPLE OF WEEKS, THEY WOULDN'T KEEP
3 HER THERE AND I WOULD NEED TO FIND ANOTHER PLACE. AND ALONG
4 ABOUT IN THE THIRD WEEK, AFTER TWO WEEKS, AND IT WAS OBVIOUS
5 THAT SHE HAD NOT SHOWN ANY IMPROVEMENT OR ONE OF THE NURSE --
6 Q. DO YOU -- DID YOU MAKE --
7 A. ONE OF NURSES CONFIRMED THAT I WOULD NEED TO FIND
8 ANOTHER PLACE FOR HER AND SO I BEGAN LOOKING AT OTHER
9 POSSIBILITIES.
10 Q. AND DID YOU DID YOU SUCCEED IN THAT SEARCH FOR OTHER
11 POSSIBILITIES?
12 A. NO, I DIDN'T. I GUESS THERE WAS A PLACE I COULD HAVE
13 PUT HER BUT TO FIND THE PLACE WHERE WE WOULD WANT HER TO BE
14 I --
15 Q. DID YOU -- DID YOU EVER HAVE ANY CONVERSATIONS WITH THE
16 DEFENDANT IN REGARDS TO THE FURTHER CARE OF YOU MOTHER?
17 A. YES, I DID. THAT'S --
18 Q. LET ME STOP YOU RIGHT THERE. CAN YOU REMEMBER WHEN THAT
19 CONVERSATION TOOK PLACE?
20 A. IT WAS RIGHT CLOSE TO CHRISTMAS.
21 Q. OKAY.
22 A. IT WAS DURING THE CHRISTMASTIME THAT I WAS LOOKING FOR
23 ANOTHER PLACE AND THAT'S WHEN I MET DR. WEITZEL. HE SPOKE TO
24 ME IN THE HALL.
25 Q. AND WAS IT IN THE AFTERNOON, WAS IT IN THE MORNING, WHEN
1 WAS IT DURING THAT TIME FRAME?
2 A. I GENERALLY VISITED IN THE AFTERNOON.
3 Q. OKAY. AND SO YOU YOU MET WITH HIM IN THE HALLWAY
4 INITIALLY?
5 A. THAT WAS THE FIRST TIME I MET HIM.
6 Q. OKAY. DID YOU MEET WITH HIM -- AT THAT TIME DID YOU
7 HAVE FURTHER CONVERSATION OTHER THAN JUST TO GREET HIM?
8 A. YES, HE HE SAID THAT I -- HE THOUGHT MY MOTHER WOULD NOT
9 LIVE LONG AND OFFERED TO LET HER STAY THERE.
10 Q. WHAT CAUSED THAT KIND OF RESPONSE FROM THE DOCTOR? I
11 MEAN DID YOU TELL HIM YOU'D BEEN LOOKING FOR A PLACE FOR HER?
12 A. YES, YES I SAID THAT I HADN'T LOCATED A PLACE. THEY
13 WOULDN'T TAKE HER BACK AT THE HOLLADAY CARE CENTER. AND THAT
14 WAS THE FIRST PLACE I HAD LOOKED, INQUIRED.
15 Q. OKAY?
16 A. I -- AND I TOLD HIM THAT I HAND'T FOUND A PLACE AND HE
17 AND HE SAID HE WOULD BEND THE RULES OF THE -- AND LET HER
18 STAY THERE.
19 Q. AT THE GERO-PSYCH UNIT?
20 A. UNTIL SHE DIED, UH-HUH.
21 Q. NOW WHAT DID HE SAY IN TERMS OF HER CONDITION AT THAT
22 TIME?
23 A. WELL HE SAID SHE WAS WHAT I'D CALL COMATOSE, NO
24 INDICATION THAT SHE WAS AWARE OF ME OR EVEN ALIVE. AND HE
25 SAID SHE'S NOT GOING TO LIVE VERY LONG.
1 Q. SAYD SAYS -- SHE'S NOT GOING TO LIVE VERY LONG?
2 A. THOSE WERE HIS WORDS. HE SAID YOUR MOTHER IS NOT GOING
3 TO LIVE VERY LONG AND WHY DON'T -- AND WE WILL TAKE CARE OF
4 HER HERE UNTIL SHE DIES.
5 Q. OTHER THAN THAT CONVERSATION, DID YOU HAVE ANY FURTHER
6 CONVERSATIONS WITH THE DEFENDANT?
7 A. NO, I NEVER SAW HIM OR SPOKE TO HIM AGAIN.
8 Q. DID YOU SEE YOUR -- WHEN IS THE LAST TIME THAT YOU
9 VISITED WITH YOUR MOTHER WHEN SHE WAS ALIVE.
10 A. ON THE 3RD OF JANUARY. THE DAY SHE DIED.
11 Q. AND YOUR -- DO YOU REMEMBER, DO YOU RECALL WHAT TIME OF
12 DAY THAT WAS?
13 A. YES IT WAS IN THE IN THE LATE AFTERNOON. PROBABLY 6:00
14 O'CLOCK.
15 Q. WERE YOU HAVING ANY FAMILY MEETINGS ON THAT PARTICULAR
16 OCCASION?
17 A. YES. I WAS ON MY WAY UP TO MY BROTHER ORVILLE'S PLACE
18 IN PLEASANT VIEW. AND WE HAD ARRANGED FOR US BROTHERS AND
19 SISTERS TO GET TOGETHER TO DISCUSS ARRANGING A FUNERAL FOR MY
20 MOTHER.
21 Q. OKAY. OTHER THAN THE CONVERSATION YOU'D HAD WITH
22 DR. WEITZEL HAD ANYBODY ELSE NURSING STAFF MEMBER OR ANY
23 OTHER PHYSICIANS ADVISED YOU THAT YOUR MOTHER WAS IN -- WAS
24 NOT EXPECTED TO LIVE VERY LONG?
25 A. NOT THAT I REMEMBER.
1 Q. OKAY. CAN YOU DESCRIBE WHAT HER SITUATION WAS, HER
2 CONDITION WAS AT THE TIME YOU VISITED HER ON THAT PARTICULAR
3 EVENING?
4 A. WELL SHE WAS IN BED AND EYES CLOSED. VERY -- LOOKED
5 VERY COMFORTABLE. LOOKED LIKE SHE WAS ASLEEP.
6 Q. DID YOU ATTEMPT TO CONVERSE WITH HER AT THAT TIME?
7 A. I SPOKE TO HER.
8 Q. DID SHE RESPOND?
9 A. NO.
10 Q. WHEN WERE YOU NOTIFIED AS TO HER DEATH?
11 A. THAT EVENING. WHEN I GOT HOME, ONE OF THE NURSES CALLED
12 AND TOLD ME THAT SHE HAD DIED. THE --
13 Q. DID YOU EVER HAVE ANY CONVERSATIONS WITH THE DEFENDANT
14 SUBSEQUENT TO HER DEATH? IMMEDIATELY LET'S --
15 A. NO.
16 Q. PICK UP TIME FRAME.
17 A. NOTHING.
18 Q. SHORTLY AFTER HER DEATH?
19 A. NO.
20 Q. OKAY?
21 A. NO.
22 Q. TO YOUR KNOWLEDGE DURING THE TIME PERIOD EXTENDING FROM
23 THE DATE THAT SHE HAD HER STROKE UP UNTIL THE TIME SHE WAS --
24 OF HER PASSING, TO YOUR KNOWLEDGE DID YOUR MOTHER RECEIVE ANY
25 PAIN MEDICATIONS FOR ANY PARTICULAR PAIN THAT SHE MAY HAVE
1 SUFFERED FROM?
2 A. MY MOTHER USED TYLENOL.
3 Q. OKAY.
4 A. ON HER OWN.
5 Q. WOULD THAT HAVE BEEN OVER THE COUNTER TYLENOL KINDS OF
6 PURCHASE?
7 A. IT WAS A MILD --
8 Q. OKAY.
9 A. FORM OF TYLENOL.
10 Q. ALL RIGHT. I HAVE NO FURTHER QUESTIONS AT THIS TIME.
11 THE COURT: CROSS-EXAMINE, MS. ISAACSON.
12 CROSS-EXAMINATION
13 BY MS. ISAACSON:
14 Q. MR. LARSON, MY NAME IS TARA ISAACSON AND I'M ONE OF THE
15 ATTORNEYS THAT REPRESENTS DR. WEITZEL.
16 A. HI.
17 Q. I HAVE A FEW QUESTIONS TO ASK YOU. NOW IF I UNDERSTAND
18 CORRECTLY, IN JANUARY OF 1995, YOUR MOTHER HAD HER FIRST
19 STROKE?
20 A. LOOKING BACK, WE CHILDREN SUPPOSED THAT SHE HAD HAD
21 OTHER MINOR STROKES. HER PERSONALITY CHANGED DURING THE LAST
22 YEAR OR MORE. SHE LOVED TO PLAY SOLITAIRE WITH CARDS.
23 Q. WELL LET ME HAVE YOU MOVE FORWARDS.
24 A. AND WHAT --
25 Q. LET ME JUST INTERRUPT YOU FOR A SECOND AND HAVE YOU GO
1 THROUGH A LITTLE BIT WITH ME YOUR MOTHER'S MEDICAL HISTORY
2 AND WE'LL KIND OF STAY FOCUSSED ON THAT FOR A LITTLE BIT. I
3 UNDERSTOOD THAT IN AUGUST OF 1995 YOUR MOTHER HAD ANOTHER
4 STROKE?
5 A. WE ASSUME IT WAS A STROKE. IT WAS THE EVENT THAT CAUSED
6 HER TO BE REMOVED FROM THE SALT LAKE HOME. IT WAS A SERIOUS
7 ENOUGH THAT THEY WOULD NOT TAKE HER BACK AFTER THE -- AFTER
8 THAT.
9 Q. WELL, SIR, WHAT I'VE DONE, I HAVE SOME MEDICAL RECORDS
10 THAT ARE YOUR MOTHERS. HAVE YOU EVER LOOKED AT YOUR MOTHER'S
11 MEDICAL RECORDS? FOR EXAMPLE, DR. PEARCE, HAVE YOU EVER SEEN
12 THOSE?
13 A. I DON'T RECALL EVER SEEING THEM, NO.
14 Q. WELL, WHAT I CAN DO IS PROJECT THOSE UP ON THE SCREEN
15 HERE AND I'M GONNA SHOW THEM TO YOU. IF YOU CAN'T SEE THEM I
16 CAN GIVE YOU A HARD COPY AND WE'LL JUST TURN DOWN THE LIGHTS
17 A LITTLE BIT SO WE CAN ALL SEE BETTER. SO BACK TO AUGUST OF
18 1995 YOUR MOTHER WAS TAKEN TO COTTONWOOD HOSPITAL AND TREATED
19 BY DR. PEARCE, I UNDERSTAND? IS THAT RIGHT?
20 A. WHEN I VISITED HER SHE WAS UNDER THE CARE OF THE -- OF
21 THE HOSPITAL DOCTORS THERE.
22 Q. THIS DOCUMENT THAT I PUT UP HERE ON THE SCREEN AND I
23 WILL BLOW IT UP FOR YOU IN A MINUTE IS -- AND FOR THE RECORD
24 THIS IS D-6 AT PAGE 38. THIS IS A DOCUMENT THAT DR. PEARCE
25 PREPARED WHEN YOUR MOTHER WAS DISCHARGED FROM COTTONWOOD
1 HOSPITAL. I'M GONNA BLOW UP A LITTLE PORTION HERE AND READ
2 TO YOU WHAT DR. PEARCE HAS WRITTEN. AND AGAIN THIS IS AUGUST
3 OF 1995 A FEW MONTHS BEFORE SHE GOES INTO THE
4 GERO-PSYCHIATRIC UNIT. AND WHAT DR. PEARCE HAS WRITTEN IS,
5 IN DISCUSSION WITH THE FAMILY, IT IS DECIDED THAT THE LAST
6 SIX MONTHS OF HER LIFE, MEANING YOUR MOTHER'S LIFE, HAVE BEEN
7 VERY POOR QUALITY. IN FACT, NO QUALITY AT ALL WITH POOR
8 RECOGNITION OF PEOPLE, NO CONVERSATION, NO DECISION MAKING.
9 THE OPTION AT THE TIME OF DISCHARGE TO PLACE A FEEDING TUBE,
10 PERIPHERAL NUTRITION OR N.G. TUBE, AND THE FAMILY FEELS THAT
11 THIS WOULD BE AGGRESSIVE AND INAPPROPRIATE. THEY ALSO WANTED
12 NO TREATMENT OF INFECTION SUCH HAS URINARY TRACT
13 INFECTIONS -- EXCUSE ME, URINARY INFECTIONS, PULMONARY, ET
14 CETERA. AND THEN DR. PEARCE INDICATES YOUR MOTHER WILL BE
15 TRANSFERRED TO NURSING HOME FOR TERMINAL CARE.
16 DO YOU RECALL THAT DISCUSSION WITH DR. PEARCE IN AUGUST?
17 A. NO, I'VE NEVER HAD A CONVERSATION LIKE THAT WITH DR.
18 PEARCE.
19 Q. DO YOU THINK ANYONE IN YOUR FAMILY COULD HAVE HAD A
20 CONVERSATION WITH HIM?
21 A. I DON'T KNOW WHO ELSE SPOKE TO DR. PEARCE NOR -- NOR AM
22 I SURE WHO OR WHEN MY SIBLINGS VISITED HER.
23 Q. AND YOU WERE THE PRIMARY PERSON WHO WOULD TAKE CARE OF
24 YOUR MOTHER --
25 A. I WAS LIVING CLOSE TO HER AND VISITED HER FREQUENTLY AND
1 MY BROTHERS AND SISTERS VISITED HER HOW OFTEN AND WHEN I'M
2 NOT SURE.
3 Q. BUT WHATEVER DR. PEARCE HAS WRITTEN HERE, YOU DON'T
4 RECALL THIS CONVERSATION?
5 A. I DON'T RECALL HIM EVER TELLING ME OF THAT CONCLUSION
6 THAT HE MADE.
7 Q. OKAY. UNDERSTAND NOW ONCE SHE LEAVES THE COTTONWOOD
8 HOSPITAL, DO I UNDERSTAND THAT SHE'S THEN TRANSFERRED TO THE
9 NURSING HOME?
10 A. PARDON ME?
11 Q. AFTER SHE LEAVES COTTONWOOD HOSPITAL IN AUGUST SHE'S
12 THEN TRANSFERRED TO THE --
13 A. SHE WENT BACK TO THE HOLLADAY CARE CENTER.
14 Q. DO YOU RECALL HER BEING TRANSPORTED IN AN UNCONSCIOUS
15 STATE?
16 A. NO. SHE WAS IN A WHEELCHAIR IN ALL OF THE
17 TRANSPORTATION THAT I WAS AWARE OF.
18 Q. I'M GONNA SHOW YOU ANOTHER DOCUMENT AND COUNSEL THIS IS
19 EXHIBIT PLAINTIFF 3-A NURSING HOME 1246. MR. LARSON THIS IS
20 A DOCUMENT ENTITLED PLAN FOR OUTPATIENT REHABILITATION FROM
21 HOLLADAY HEALTH CARE CENTER AND THE NOTE HERE INDICATES THAT
22 PATIENT LATER WAS ADMITTED TO H.H.C. WHICH IS HOLLADAY CARE
23 CENTER, UNCONSCIOUS AND WAS ADMITTED FOR TERMINAL CARE. THIS
24 WOULD HAVE BEEN AFTER THE COTTONWOOD HOSPITAL. DO YOU RECALL
25 HER BEING TRANSPORTED IN AN UNCONSCIOUS STATE?
1 A. NO I DON'T. SHE WAS NOT UNCONSCIOUS WHEN I VISITED HER
2 AND THE TIME I SPENT WITH HER.
3 Q. OKAY I UNDERSTAND.
4 A. AND I'M -- I IMMEDIATELY VISITED HER WHEN SHE WENT BACK
5 TO THE CARE CENTER. I NEVER RECALL SEEING HER UNCONSCIOUS
6 UNTIL ABOUT THE MIDDLE OF DECEMBER.
7 Q. I UNDERSTAND. WHY DON'T WE MOVE ON TO ANOTHER ISSUE. I
8 GUESS THERE WAS -- YOU TESTIFIED WHEN MR. WILSON WAS ASKING
9 YOU SOME QUESTIONS THAT THERE WAS PROBLEMS WITH YOUR MOTHER
10 REPEATEDLY FALLING OR GETTING OUT OF HER BED AND GETTING OUT
11 OF HER RESTRAINTS, IS THAT RIGHT?
12 A. WELL I'VE MENTIONED THE TWO TIMES THAT I WAS AWARE OF.
13 THAT SHE CLIMBED OVER THE RAILS OF THE BED AND FELL TO THE
14 FLOOR. TWO TIMES AT THE HOLLADAY CARE CENTER WHEN SHE FIRST
15 WENT THERE.
16 Q. WELL LET ME HAVE YOU --
17 A. I DON'T RECALL ANY OTHER TIME THAT SHE WAS -- THAT SHE
18 FELL OR --
19 Q. WAS THERE A CONCERN DR. STEVENS HAD ABOUT HER FALLING
20 AND HURTING HERSELF?
21 A. I DON'T RECALL EVERY TALKING WITH DR. STEVENS ABOUT HIS
22 CARE OR HIS VISITS TO MY MOTHER. I WAS AWARE HE VISITED HER
23 WHEN DR. STEVENS DID NOT.
24 Q. DR. STEVENS WAS HER PRIMARY PHYSICIAN AND THEN
25 DR. PEARCE WAS SOMEONE WHO FILLED IN?
1 A. HE WAS A BACK UP.
2 Q. WELL LET'S TALK ABOUT DR. STEVENS FOR MINUTE. THERE IS
3 A VISIT WITH YOUR MOM AND DR. STEVENS ON SEPTEMBER 18TH OF
4 1995 AND THIS IS EXHIBIT D-6 COTTONWOOD HOSPITAL PAGE ONE OF
5 FOUR AND AGAIN THIS IS A NOTE, A DISCHARGE NOTE AND THIS IS
6 DR. STEVENS TALKING ABOUT SOME CONCERNS HE HAS ABOUT YOUR
7 MOTHER. OBVIOIUSLY SHE WAS ADMITTED BECAUSE SHE HAD FALLEN
8 AND LACERATED HER HEAD. AGAIN THIS IS IN SEPTEMBER. HE
9 INDICATES THAT THE PATIENT IS NO CODE. AND THEN INDICATES
10 THAT THE NURSING HOME IS ENCOURAGED TO RESTRAIN HER AT ALL
11 TIMES AS THIS IS THE THIRD FALL WHICH HE, MEANING SHE,
12 SUSTAINED LACERATIONS.
13 DOES IT REFRESH YOUR RECOLLECTION THAT SHE MAY HAVE
14 FALLEN UP TO THREE TIMES AND LACERATED HER HEAD BY SEPTEMBER?
15 A. WELL, THE FIRST TIME SHE FELL I KNOW WAS IN THE LAST
16 PART OF AUGUST. I THINK IT WAS AS I REMEMBER IT, IT WAS THE
17 FIRST NIGHT THAT SHE WAS THERE IN THE HOLLADAY CARE CENTER.
18 THE SECOND TIME WAS SOME DAYS LATER, IT COULD HAVE BEEN IN
19 THE EARLY DAYS OF SEPTEMBER. AND BOTH TIMES I EITHER TOOK
20 HER TO THE HOSPITAL OR ACCOMPANIED HER THERE. THAT IS I
21 FOLLOWED THE VAN THAT TOOK HER TO THE HOSPITAL. I'M NOT
22 AWARE OF A THIRD TIME.
23 Q. I UNDERSTAND?
24 A. WHEN SHE FELL.
25 Q. DO YOU KNOW WHAT NOTE OF NO CODE MEANS ON YOUR -- YOUR
1 MOTHERS MEDICAL RECORD?
2 A. I DON'T KNOW WHAT THAT MEANS.
3 Q. OKAY. NOW YOUR MOTHER DID HAVE WHAT'S CALLED A MEDICAL
4 TREATMENT PLAN AND YOU WERE AWARE OF THAT.
5 A. YOU MEAN A POWER OF ATTORNEY, LIVING WILL, THAT SORT OF
6 THING?
7 Q. YES.
8 A. YES I'LL WELL AWARE OF THAT.
9 Q. AND THAT WAS PREPARED IN SEPTEMBER OF 1995?
10 A. NO. NO. THAT WAS PREPARED WHILE SHE WAS IN THE SALT
11 LAKE HOME IN THE EARLY PART OF 1995.
12 Q. LET ME HAVE YOU LOOK AT DOCUMENT AND MAYBE YOU CAN
13 STRAIGHTEN ME OUT ON WHAT THAT IS. GOT MEDICAL TREATMENT
14 PLAN HERE THAT'S GOT DR. GREGORY STEVENS NAME AT THE TOP AND
15 THIS IS P. 3-B MEDS 597. AND --
16 THE COURT: THAT IS D-6 ALSO?
17 MS. ISAACSON: THIS ONE IS PLAINTIFFS 3-B PAGE 597. AND
18 THIS ONE, THIS DOCUMENT HERE AT THE TOP SAYS DR. GREGORY
19 STEVENS NAME. HAS YOUR MOTHER'S NAME.
20 A. YES.
21 Q. AND THEN THE DATE OF SEPTEMBER 19TH, 1985. I ASSUME
22 THAT THAT'S A MISTYPING SINCE DR. STEVENS WAS TREATING HER IN
23 '95.
24 A. IT LOOKS LIKE MY PRINTING.
25 Q. DOES THAT ACTUALLY LOOK LIKE YOUR PRINTING?
1 A. IT DOES.
2 Q. DO YOU RECALL PREPARING THIS DOCUMENT?
3 A. YES.
4 Q. AND WOULD IT HAVE BEEN IN 1995 AS OPPOSED TO 1985?
5 A. OH, YES. '85 IS IN ERROR.
6 Q. OKAY. WELL LET'S BLOW IT UP A LITTLE BIT SO WE CAN ALL
7 SEE IT A LITTLE BIT BETTER AND AGAIN THAT'S YOUR SIGNATURE?
8 A. YES.
9 Q. AND THERE'S A SECTION HERE WHERE YOU'VE DIRECTED ON
10 BEHALF OF YOU MOTHER IN SEPTEMBER OF 1995 TO THE KIND OF
11 TREATMENTS THAT YOU DON'T WANT HER TO HAVE IF SHE'S IN
12 TERMINAL CONDITION, RIGHT?
13 A. I WROTE THAT AND IT'S SIMILAR TO THE WRITING AND THE
14 CONDITIONS, THE PARTICULARS ON A DOCUMENT THAT SHE -- THAT WE
15 HAD HELPED HER PREPARE WHEN SHE ENTERED THE -- SHORTLY AFTER
16 SHE ENTERED THE SALT LAKE HOME.
17 Q. AND SO THESE THINGS THAT YOU LISTED HERE WOULD BE
18 CONSISTENT WITH A WHAT SHE'D TOLD YOU BEFORE?
19 A. IT'S A REPETITION OF WHAT SHE HAD INDICATED HERSELF IN
20 THE PRESENCE OF WITNESSES.
21 Q. AND YOU HAD YOU YOUR PHYSICIAN IS PHYSICIAN DR. STEVENS
22 HAD INDICATED YOUR MOTHER HAD A CONDITION WHERE HE DIDN'T
23 BELIEVE THAT SHE WAS ABLE TO GIVE HER OWN DIRECTION ON HER
24 MEDICAL CARE AT THAT POINT, IS THAT RIGHT?
25 A. WELL DR. STEVENS NEVER SAW MY MOTHER WHILE SHE WAS IN
1 THE SALT LAKE HOME AT LEAST NOT FOR --
2 THE COURT: SKIP THE SALT LAKE HOME. WE'RE TALKING
3 ABOUT SEPTEMBER, MR. LARSEN, GO SEPTEMBER 19.
4 A. THAT'S WHEN THE DOCUMENTS FOR HER CARE THAT WERE
5 PREPARED.
6 THE COURT: BUT SKIP THE SALT LAKE HOME. THIS IS
7 SEPTEMBER 19TH.
8 MS. ISAACSON: THAT'S --
9 A. I UNDERSTAND.
10 Q. DR. STEVENS BELIEVED AND SIGNED OFF THAT HE DIDN'T THINK
11 THAT SHE WAS IN A POSITION TO DIRECT HER OWN MEDICAL CARE.
12 AND THAT'S WHY YOU WERE SIGNING FOR HER.
13 A. YES. THAT WAS DONE IN SEPTEMBER.
14 Q. OKAY. SO THE THINGS THAT YOU SPECIFICALLY DIDN'T WANT
15 DONE, NO C.P.R., NO I.V. FOR NUTRITION, HYDRATION,
16 MEDICATION, NO FEEDING TUBES, NO MECHANICAL RESPIRATORY
17 ASSISTANCE, NO ELECTRIC SHOCK FOR DEFIBRILLATION, NO
18 TREATMENTS FOR CANCER. OXYGEN AND ORAL MEDICATION MAY BE
19 GIVEN FOR RELIEF OF PAIN AND FOR COMFORT.
20 A. UH-HUH.
21 Q. AND THAT'S ALL IN YOUR HANDWRITING?
22 A. THAT'S RIGHT.
23 Q. NOW WHEN YOU ACTUALLY ADMITTED YOUR MOTHER TO THE
24 GERO-PSYCHIATRIC UNIT, YOU WENT IN AND MET WITH THE NURSES
25 AND FILLED OUT PAPERWORK, DIDN'T YOU?
1 A. I'M SURE I DID.
2 Q. AND DO YOU RECALL SIGNING A PHOTOGRAPHIC CONSENT FORM
3 AND THEM TAKING A PICTURE OF YOUR MOTHER WHEN SHE WAS
4 ACTUALLY ADMITTED TO THE UNIT?
5 A. I DON'T RECALL IT.
6 Q. WELL LET ME SHOW HERE I'VE GOT A DOCUMENT THAT'S THE
7 PHOTOGRAPHIC CONSENT FORM, THAT IT LOOKS LIKE YOUR SIGNATURE
8 CONSISTENT WITH THE LAST DOCUMENT.
9 A. THAT'S MY SIGNATURE.
10 Q. DATED DECEMBER 16 AND WHAT THIS DOCUMENT SAYS IS THAT
11 THE PICTURE -- A PICTURE WILL BE TAKEN OF YOUR MOTHER SO THAT
12 THEY CAN IDENTIFY HER ON THE UNIT. AND THEN I HAVE A COPY OF
13 THE PHOTOGRAPH THAT WAS IN THE FILE. IS THAT HOW YOUR MOTHER
14 APPEARED WHEN SHE WAS ADMITTED TO THE UNIT?
15 A. I WASN'T PRESENT WHEN SHE TOOK -- WHEN THEY TOOK THE
16 PICTURE.
17 Q. DID OKAY BUT DID YOU ACTUALLY SIGN THE CONSENT FORM?
18 A. PERMITTING THEM TO THAT PICTURE?
19 Q. YES.
20 A. I'M SURE I DID.
21 Q. OKAY. NOW AGAIN YOU SAT DOWN WITH A NURSE AND SHE ASKED
22 YOU A LOT OF QUESTIONS ABOUT YOUR MOTHER. I KNOW IT'S A LONG
23 TIME BUT DO YOU RECALL DOING THAT?
24 A. IT'S QUITE ROUTINE I IMAGINE I'M SURE I DID.
25 Q. OKAY. WANNA TALK LITTLE BIT ABOUT WHAT SOME THINGS THAT
1 ARE WRITTEN DOWN IN THE NURSING ASSESSMENT AND I'M GOING P.
2 3-B STATES 3-B PAGE 512. AND THIS IS IN THAT FORM FOR THE
3 GERO-PSYCHIATRIC UNIT AND YOUR MOTHER'S NAME IS LISTED AND
4 YOU'RE LISTED AS THE SIGNIFICANT OTHER. AND I WANNA ZOOM IN
5 ON A COUPLE THINGS. FIRST, THERE'S NOTE BY THE NURSE THAT
6 SAYS, SON SAYS QUOTES, WE HAVE HOPES BUT NOT FANTASIES IN
7 REGARDS TO PATIENT'S CHANCE FOR IMPROVEMENT. DO YOU RECALL
8 MAKING A STATEMENT LIKE THAT TO NURSE THAT ADMITTED YOUR
9 MOTHER?
10 A. I'M SURE THAT WAS OUR STATE OF MIND, OUR FEELINGS.
11 Q. ANOTHER NOTE IS THAT YOUR MOTHER AT THE TIME OF
12 ADMISSION WAS NOT ALERT OR ORIENTED TO ANYTHING. WAS THAT
13 YOUR RECOLLECTION AS WELL?
14 A. VERY CONFUSED YES.
15 Q. SHE ALSO WRITES -- EXCUSE ME, GOT TO GO BACK ONE IS IT
16 THAT TRUE WHEN PATIENTS -- PATIENT CAN'T COMMUNICATE AND
17 WON'T RESPOND. WAS YOUR MOTHER IN A POSITION ON DATE OF
18 ADMISSION NON COMMUNICATE OR RESPOND?
19 A. SHE SPOKE WITH ME. I DON'T KNOW HOW SHE WAS WITH OTHER
20 PEOPLE. BUT MY MOTHER KNEW WHO I WAS GENERALLY. SOMETIMES
21 NOT.
22 Q. WELL I WANNA TALK WITH YOU A LITTLE BIT ABOUT SOME
23 DISCUSSIONS YOU WOULD HAVE HAD WITH THE NURSES WHILE YOUR
24 MOTHER WAS ON THE UNIT AND TO HELP US KIND OF GO THROUGH THAT
25 I'M GONNA PUT SOME WHAT NURSES WROTE DOWN WHILE YOUR MOTHER
1 WAS THERE. I'D LIKE TO GO TO DECEMBER TENTH SHE IS ADMITTED
2 WHO DECEMBER 6, RIGHT?
3 A. UH-HUH.
4 Q. AND THEN WELL GO TO DECEMBER TENTH AND THIS IS AGAIN P.
5 3-B IMMEDIATE 533.1: GONNA GO DECEMBER TEN AND WHAT SHAOETD
6 IS NURSE NOTES MOTHER MEDICAL CHARDS AT THE GERO-PSYCHIATRIC
7 UNIT. I'LL BLOW IT UP A LITTLE BIT. THIS IS NURSE LAURIE
8 WILLSON. DO YOU RECALL THAT NAME? WAS SHE A NURSE THAT YOU
9 REMEMBERED OR --
10 A. NO. I REMEMBER A NURSE NAMED LONG.
11 Q. LYNN LYNN LONG?
12 A. BUT I DON'T REMEMBER ANY OTHER NAMES.
13 Q. OKAY. WELL HERE THIS IS NOTE AGAIN ON DECEMBER TENTH
14 WHAT LAURIE WILLSON NOTES THAT IS FAMILY REPEATED THE REQUEST
15 THAT PATIENT BE MADE COMFORTABLE. AND REQUEST THAT SHE BE A
16 D.N.R., AND IT'S UNDERLINED. DO YOU KNOW D.N.R. MEANS?
17 A. UH-UH.
18 Q. DO NOT RESUSCITATE, DOES THAT SOUND FAMILIAR?
19 A. OH, THAT WOULD HAVE BEEN OUR WISH IF SHE HAD GONE INTO A
20 TERMINAL -- UNCONSCIOUS POSITION.
21 Q. NOW LET'S GO TO DECEMBER 11TH AGAIN IT'S P. 3-B
22 IMMEDIATE 536. THE NEXT DAY, ANOTHER NURSE WROTE PATIENTS
23 FAMILY MEMBER CALLED AND REQUESTED INFORMATION ON PATIENTS
24 STATUS. FAMILY CONFIRMED TO NOT WANT I.V.'S FEEING TUBES, ET
25 CETERA AS PER LIVING WILL. OXY -- I THINK THAT SAYS
1 SOMETHING LIKE OXYGEN OKAYED. FAMILY RELIEVED TO HEAR
2 PATIENT IS NOT SCREAMING OUT AND AGITATED. DO YOU REMEMBER
3 HAVING ANY CONVERSATIONS WITH NURSES ABOUT BEING RELIEVED
4 YOUR MOTHER WAS NO LONGER SCREAMING OUT OR AGITATED?
5 A. CONVERSATIONS, I DON'T, I DON'T KNOW .
6 Q. WOULD YOU HAVE BEEN TALKING WITH THE NURSE, COMMENTS ON
7 THE PHONE ABOUT YOUR MOTHER'S CONDITION?
8 A. I DON'T RECALL TALKING WITH ANYONE ON THE TELEPHONE
9 ABOUT HER CONDITION. ONE CALLED TO TELL ME THAT SHE HAD
10 DIED. BUT --
11 Q. COULD YOU OR OTHER FAMILY MEMBERS HAVE HAD TELEPHONE
12 CONVERSATION OR IN PERSON CONVERSATIONSWITH THE NURSES?
13 A. WELL, I HAD TWO SISTERS AND TWO BROTHERS WHO COULD HAVE
14 VISITED HER.
15 Q. OKAY?
16 A. WHILE SHE WAS THERE.
17 Q. NOW I DO HAVE RIGHT TOWARDS THE END OF THE DECEMBER, SHE
18 IS -- YOUR MOTHER WAS ACTUALLY NOT EATING ON DRINKING
19 ANYTHINGS AT THAT POINT?
20 A. I THINK THAT'S TRUE.
21 Q. AND SHE HAD SPECIFICALLY SPECIFIED THAT SHE DID NOT WANT
22 ANY ARTIFICIAL FEEDING OR LIQUIDS?
23 A. THAT'S RIGHT.
24 Q. LET'S GO NOW TO DECEMBER 30TH OF 1995. AND THIS IS
25 AGAIN, P. 3-B IMMEDIATE 577 ANOTHER NURSES NOTE DECEMBER
1 30TH, CALLED SON, GAVE STATUS REPORT PATIENT'S CONDITION.
2 SON, PARENTHESES, MERLIN STRESSED ONLY WISHED TO KEEP HER
3 COMFORTABLE. DOES THAT SOUND LIKE SOMETHING YOU WOULD HAVE
4 SAID ON DECEMBER 30?
5 A. YES, IT WAS APPARENT THAT SHE WAS MUCH -- SHE HAD BEEN
6 COMATOSE FOR TEN DAYS BY CHRISTMASTIME.
7 Q. AND YOUR WISH AT THAT TIME WAS TO KEEP HER COMFORTABLE?
8 A. YES. THAT'S -- THAT'S WHAT SHE WANTED. TO KEEP HER
9 CLEAN AND COMFORTABLE BUT NOT DO ANYTHING TO PROLONG HER
10 LIFE.
11 Q. WELL, LET'S TALK A LITTLE BIT ABOUT YOUR CONVERSATION
12 WITH DR. WEITZEL. AGAIN YOU HAD BEEN TOLD THAT BECAUSE YOUR
13 MOTHER HAD NOT PROGRESSED AND IN FACT DETERIORATED THAT SHE
14 WOULD NEED TO GO SOMEWHERE ELSE?
15 A. I HAD BEEN TOLD THAT YES I UNDERSTOOD THAT TO BEGIN --
16 Q. AND YOU SAW DR. WEITZEL AND YOU SPOKE WITH HIM AND HE
17 TOLD YOU YOUR MOTHER IS VERY ILL AND SHE DOESN'T HAVE VERY
18 LONG TO LIVE?
19 A. HE DID.
20 Q. AND YOU WERE NOT SURPRISED WHEN HE TOLD YOU THAT SHE
21 DIDN'T HAVE VERY LONG TO LIVE?
22 A. NO. I WAS NOT.
23 Q. AND YOU THOUGHT DR. WEITZEL WAS VERY SYMPATHETIC AND
24 KIND AS TO PERMIIT YOUR MOTHER TO STAY THERE?
25 A. I DID. I APPRECIATED HIS BENDING THE RULES, AS HE SAID,
1 WERE AND NOT REQUIRING HER TO BE REMOVED BECAUSE SHE HAD NOT
2 SHOWN ANY PROGRESS IN -- UNDER THEIR TREATMENT. I
3 APPRECIATED IT.
4 Q. I'M GONNA SHOW YOU MR. LARSON -- IF I MAY APPROACH, YOUR
5 HONOR?
6 THE COURT: YOU MAY.
7 MS. ISAACSON: WHAT'S MARKED DEFENDANT'S EXHIBIT 93.
8 WOULD YOU TAKE A LOOK AT THAT FOR A MOMENT? DOES THAT LOOK
9 FAMILIAR TO YOU?
10 A. OH, YES THAT'S THE CARD I SENT TO DR. WEITZEL.
11 Q. AND INSIDE THAT -- CAN YOU TELL ME WHAT THE POSTMARK IS
12 ON THE OUTSIDE OF THAT CARD?
13 A. IT'S --
14 Q. I LOOKED REAL CLOSE, LOOKS LIKE JANUARY --
15 A. 18TH OF JANUARY.
16 Q. OF 1996?
17 A. 1996 UH-HUH.
18 Q. IS THAT YOUR HANDWRITING INSIDE THE CARD.
19 A. IT IS.
20 Q. I MOVE FOR ADMISSION OF DEFENDANT'S 93.
21 A. YES I WROTE THIS.
22 MR. WILSON: NO OBJECTION.
23 THE COURT: 93 IS RECEIVED.
24 Q. (BY MS. ISAACSON) I'M GONN BLOW UP THE INSIDE OF IT SO
25 THE JURY CAN GO ALONG WITH YOU HERE. WOULD YOU READ FOR THE
1 JURY WHAT YOU WROTE ON THAT LEFT SIDE?
2 A. DR. WEITZEL, WE ARE GRATEFUL TO YOU AND THE STAFF OF THE
3 GERO-PSYCHIATRIC UNIT FOR THE KINDNESS AND SPLENDID CARE YOU
4 GAVE OUR MOTHER DURING THE FINAL FOUR WEEKS OF HER LIFE. AND
5 YOU WERE ALL CONSIDERATE OF ALL OF US WHO VISITED HER OFTEN
6 AT IRREGULAR TIMES. THANK YOU FOR MAKING IT UNNECESSARY TO
7 MOVE HER DURING THE LAST FEW DAYS. IT WAS VERY KIND OF YOU.
8 WE WISH ALL OF YOU SUCCESS AND HAPPINESS IN YOUR PROFESSIONAL
9 AND PERSONAL LIVES.
10 Q. THANK YOU VERY MUCH. I HAVE NOTHING FURTHER.
11 THE COURT: REDIRECT?
12 MR. WILSON: YES, YOUR HONOR.
13 REDIRECT EXAMINATION
14 BY MR. WILSON:
15 Q. MERLIN, YOU DON'T HAVE ANY TRAINING IN THE MEDICAL AREA
16 DO YOU?
17 A. NONE AT ALL.
18 Q. WHEN YOU PLACED YOUR MOTHER IN THE GERO-PSYCH UNIT YOU
19 WERE ADVISED THAT SHE WAS THERE TO TRY AND IMPROVE HER
20 BEHAVIOR IS THAT CORRECT?
21 A. THAT'S RIGHT.
22 Q. WHEN YOU MADE THE COMMENT OR WHEN YOU WERE QUESTIONED
23 ABOAUT THE COMMENT ABOUT WE HAVE HOPES BUT NOT FANTASIES IN
24 REGARDS TO PATIENT'S CHANCES FOR IMPROVEMENT, WHAT WERE YOU
25 TALKING ABOUT IN TERMS OF IMPROVEMENT?
1 A. WELL, IF THEY COULD HAVE HELPED HER BE QUIET AND NOT
2 DISTURBING EVERYONE WITH HER LOUD BEHAVIOR AND MAYBE BE ABLE
3 TO CONVERSE WITH HER.
4 Q. SO AT THAT TIME YOU WERE NOT -- YOU WERE NOT CONSIDERING
5 HER IMMINENT DEATH I TAKE IT?
6 A. WELL MY MOTHER WAS ALMOST 94 YEARS OLD. AND WE HAD NO
7 ALLUSIONS ABOUT BEING ABLE TO RESTORE HER VIGOROUS LIFE THAT
8 SHE HAD HAD UNTIL THAT STROKE. SO THAT -- EXPLAIN THE WORD
9 FANCY IS WE WERE NOT EXPECTING SOME MIRACULOUS RESTORATION OF
10 HER VIGOR.
11 Q. NOW, YOU ALSO WERE ASKED SOME QUESTIONS RELATED TO A
12 MEDICAL TREATMENT PLAN THAT WAS EXECUTED IN SEPTEMBER OF
13 1985. CORRECT ME IF I'M WRONG, YOU REFERENCED AN EARLIER
14 LIVING WILL DOCUMENT, IS THAT CORRECT?
15 A. THAT 1985 I KNOW IS IS AN ERROR.
16 Q. OKAY.
17 A. MY MOTHER WAS IN REALLY GOOD ACTIVE HEALTH IN 1985.
18 Q. I THINK THERE'S BEEN PRIOR TESTIMONY THAT THAT DOCUMENT
19 ITSELF PROBABLY WAS EXECUTED YOU IN 1995, IS THAT CORRECT?
20 A. IT WAS.
21 Q. AND I'M REFERRING FOR THE RECORD TO PLAINTIFF'S
22 EXHIBIT -- PLAINTIFF'S EXHIBIT 2-B -- OR 2-A, WHICH IS THE
23 NURSING HOME RECORD. MED 00597 WHICH WAS THE MEDICAL
24 TREATMENT PLAN.
25 MR. MAJOR: YOUR HONOR, IF I MIGHT, IT WOULD BE 3-A.
1 THE COURT: 3-A.
2 MR. WILSON: 3-A, EXCUSE ME.
3 Q. LET ME ASK YOU WAS THERE A LIVING WILL TO YOUR
4 RECOLLECTION THAT WAS EXECUTED PRIOR TO THAT TIME BY YOUR
5 MOTHER?
6 A. YES THERE WAS.
7 THE COURT: MR. WILSON WHAT'S THE RELEVANCE?
8 MR. WILSON: I THINK I'LL SHOW THE RELEVANCE IN RESPECT
9 TO HIS EXPLANATION AS TO THE SUBSEQUENT DOCUMENT.
10 THE COURT: WHAT'S THE RELEVANCE? HE'S ALREADY SAID HE
11 DID IT IN CONJUNCTION WITH WHAT HIS MOTHER HAD REQUESTED
12 PREVIOUSLY.
13 MR. WILSON: WELL, I THINK I WANT -- I WANT TO EXPLORE
14 WITH HIM IF THE COURT PLEASE, WHAT HIS UNDERSTANDING WAS AS
15 THOSE CONDITIONS AND WHAT THE WORD TERMINAL MEANS, YOUR
16 HONOR, IF I MIGHT.
17 THE COURT: ALL RIGHT.
18 Q. (BY MR. WILSON) LET ME JUST ASK YOU THAT, IN HOPES THAT
19 WE CAN MOVE THIS ALONG. WHAT WAS YOUR UNDERSTANDING OF THE
20 WORD TERMINAL?
21 A. IF A PERSON IS IN A CONDITION WHERE LIFE CAN BE
22 PROLONGED ONLY WITH DRASTIC MEANS, OR THE ARTIFICIAL
23 BREATHING, ARTIFICIAL FEEDING, THAT SORT OF THING, IF A
24 PERSON IS NOT ABLE TO TAKE NOURISHMENT, IF A PERSON IS
25 UNCONSCIOUS, THAT'S THAT'S TERMINAL.
1 Q. NOW, IN RESPECT TO THE INFORMATION THAT YOU HAD RECEIVED
2 AS TO THE FACT THAT SHE HAD NOT -- HAD NOT HAD LONG TO LIVE,
3 OTHER THAN THE DEFENDANT TELLING YOU THAT, DID ANYBODY ELSE
4 TELL YOU THAT?
5 A. IF SEEMED OBVIOUS TO ME THAT I DON'T THINK ANYONE ELSE
6 TOLD ME THAT, NO.
7 Q. IT SEEMED OBVIOUS TO YOU FROM WHAT, YOU OBSERVATIONS OF
8 YOU MOTHER?
9 A. WELL, THE LAST TWO WEEKS SHE LIVED, SHE WAS IN BED
10 GENERALLY WITH HER EYES CLOSED. SHE DIDN'T SPEAK OR
11 RECOGNIZE ME OR ANYONE ELSE THAT I -- MY SIBLINGS. SHE
12 APPEARED TO BE IN A TERMINAL CONDITION.
13 Q. SO YOU HAD NO REASON TO QUESTION THE DOCTORS OBSERVATION
14 TO YOU, IS THAT CORRECT?
15 A. BY OBSERVATION?
16 Q. THAT SHE WAS GOING TO DIE SOON?
17 A. OH, OH, NO, THAT SEEMED VERY LIKELY TO ME.
18 Q. OKAY I HAVE NO FURTHER QUESTIONS YOUR HONOR.
19 THE COURT: RECROSS MS. ISSACSON.
20 MS. ISAACSON: I HAVE NOTHING FURTHER.
21 THE COURT: THANK YOU. YOU MAY STEP DOWN, MR. LARSON.
22 THANK YOU FOR TESTIFYING. MAY THIS WITNESS BE EXCUSED, MR.
23 WILSON?
24 MR. WILSON: HE MAY YOUR HONOR.
25 THE COURT: MS. ISAACSON?
1 MS. ISAACSON: YES YOUR HONOR.
2 THE COURT: YOU MAY BE EXCUSED MR. LARSON AND THANKS
3 AGAIN FOR TESTIFYING. CALL YOU NEXT WITNESS.