Merlin Larsen
25 MERLIN LARSEN,
1862
1 CALLED BY THE PLAINTIFF, HAVING BEEN DULY
2 SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
3 MR. WILSON: YOUR HONOR, WHILE HE'S COMING IN, WE
4 WOULD MOVE FOR THE ADMISSION OF STATE'S EXHIBIT 18.
5 THE COURT: ANY OBJECTION?
6 MR. STIRBA: NO OBJECTION, YOUR HONOR.
7 THE COURT: PLAINTIFF'S 18 IS RECEIVED.
8 DIRECT EXAMINATION
9 BY MR. WILSON:
10 Q. MR. LARSEN, WOULD YOU STATE YOUR FULL NAME FOR THE
11 RECORD?
12 A. MERLIN N. LARSEN.
13 Q. AND, SIR, WHAT CITY DO YOU RESIDE IN?
14 A. IN SALT LAKE COUNTY NEAR MURRAY.
15 Q. OKAY. AND ARE YOU THE SON OF JUDITH LARSEN?
16 A. YES.
17 Q. NOW, WE PREVIOUSLY HEARD TESTIMONY FROM YOUR BROTHER,
18 HAROLD, AND AS I UNDERSTAND IT YOU HAVE TWO OTHER BROTHERS,
19 ONE DECEASED; IS THAT CORRECT?
20 A. THAT'S RIGHT.
21 Q. AND THREE OTHER SISTERS?
22 A. YES.
23 Q. YOUR FATHER IS NOT LIVING AT THIS TIME?
24 A. NO.
25 Q. I WANT YOU TO -- WELL, FIRST OF ALL, LET ME SHOW YOU
1863
1 WHAT'S BEEN MARKED AS STATE'S EXHIBIT 18 AND I'LL ASK YOU TO
2 IDENTIFY THAT PHOTOGRAPH, IF YOU WOULD, PLEASE?
3 A. IT'S A PICTURE OF MY MOTHER.
4 Q. OKAY. AND YOUR MOTHER DIED IN JANUARY 3 OF 1995, OR
5 '96, DID SHE NOT?
6 A. THAT'S RIGHT.
7 Q. OKAY. I WANT YOU TO FOCUS ON THE EVENT THAT TOOK PLACE
8 IN THE EARLY PART OF JANUARY OR MIDPART OF JANUARY OF 1995.
9 IS IT TRUE THAT YOUR MOTHER SUFFERED A STROKE BACK IN
10 JANUARY OF 1995?
11 A. YES, SHE DID.
12 Q. HOW OLD WAS YOUR MOTHER AT THAT TIME?
13 A. NOT QUITE 93.
14 Q. OKAY. WHAT WAS HER BIRTHDAY, BY THE WAY?
15 A. MARCH 14, 1902.
16 Q. OKAY. AND WAS SHE HOSPITALIZED AS A RESULT OF THAT
17 STROKE?
18 A. YES.
19 Q. WHERE WAS SHE HOSPITALIZED?
20 A. AT THE L.D.S. HOSPITAL.
21 Q. PRIOR TO THAT TIME SHE WAS LIVING ALONE; IS THAT
22 CORRECT?
23 A. YES.
24 Q. AFTER THE STROKE, DID YOU HAVE TO MAKE OTHER
25 ARRANGEMENTS FOR THE CARE OF YOUR MOTHER?
1864
1 A. YES. WE ADMITTED HER INTO A REHABILITATION CARE CENTER.
2 WOODLAND PARK IT'S CALLED.
3 Q. AND WHERE IS THAT LOCATED?
4 A. ON 7TH EAST AT ABOUT NEARLY 39TH SOUTH ON THE EAST SIDE
5 OF THE ROAD.
6 Q. OKAY. HOW LONG WAS SHE AT WOODLAND PARK?
7 A. JUST ABOUT A MONTH.
8 Q. DURING THAT TIME FRAME DID YOU RETAIN THE SERVICES OF A
9 PHYSICIAN TO SEE YOUR MOTHER?
10 A. YES. SHE HAD BEEN ATTENDED BY A DR. WESTERMANN.
11 Q. DID YOU CHANGE DOCTORS AT THAT TIME?
12 A. SHE WAS NOT SATISFIED FOR HIM TO BE HER DOCTOR SO WE
13 OBTAINED THE SERVICES OF DR. STEVEN -- GREGORY STEVENS.
14 Q. AND DO YOU KNOW WHERE HIS OFFICE IS LOCATED?
15 A. YES. IN THE HOLLADAY BRANCH OF THE SALT LAKE CLINIC.
16 IT'S ON 56 SOUTH AND JUST HIGHLAND DRIVE.
17 Q. WAS -- HE THEN BECAME YOUR MOTHER'S PRIMARY PHYSICIAN?
18 A. THAT'S RIGHT.
19 Q. OKAY. DID YOU SEE HIM IN FEBRUARY FOR THE FIRST TIME OF
20 '95?
21 A. DR. STEVENS?
22 Q. UH-HUH.
23 A. NO. I WAS ACQUAINTED WITH HIM FOR SOME YEARS BEFORE
24 THAT.
25 Q. EXCUSE ME. DID YOU TAKE YOUR MOTHER TO VISIT HIM THE
1865
1 FIRST TIME IN FEBRUARY OF 1995? CAN YOU RECALL?
2 A. YES. HE ASKED TO HAVE AN INITIAL EXAMINATION OF HER AT
3 THE TIME. HE AGREED TO BE HER DOCTOR. THAT WOULD PROBABLY
4 HAVE BEEN IN FEBRUARY.
5 Q. CAN YOU DESCRIBE FOR US, IF YOU WOULD, YOUR OBSERVATIONS
6 OR IMPRESSIONS AS TO YOUR MOTHER'S GENERAL HEALTH AT THE
7 TIME OF THE VISIT TO DR. STEVENS IN FEBRUARY OF 1995?
8 A. SHE WAS IN GOOD HEALTH. HER HEART WAS SOUND. HER BLOOD
9 PRESSURE WAS GOOD. SHE WAS ABLE TO WALK WITHOUT ASSISTANCE.
10 SHE ATE WELL. QUITE GOOD HEALTH, I BELIEVE.
11 Q. DID YOU NOTICE ANY PROBLEMS WITH HER MENTAL HEALTH AFTER
12 THE STROKE?
13 A. VERY NOTABLE CHANGE.
14 Q. CAN YOU DESCRIBE THAT FOR US?
15 A. SHE WAS CONFUSED. SHE STILL KNEW THE PEOPLE THAT SHE
16 HAD KNOWN BEFORE; THE FAMILY, HER NEAR NEIGHBORS. HER
17 MEMORY WAS VERY POOR AND CONFUSED, ESPECIALLY ABOUT RECENT
18 THINGS. SHE DWELT ON THE PAST VERY NOTICEABLY.
19 Q. DID SHE SIGNIFY TO YOU OR INDICATE TO YOU ANY
20 COMPLAINTS, HAVING ANY KIND OF PHYSICAL PAIN?
21 A. NO, NOT -- NEVER MENTIONED IT EXCEPT SOMETIMES SHE HAD A
22 HEADACHE WHICH SHE HAD DONE FREQUENTLY FOR YEARS.
23 Q. NOW, DID THERE COME A TIME THAT YOU MOVED HER TO THE
24 SALT LAKE CITY HOME?
25 A. YEAH, THE SALT LAKE HOME.
1866
1 Q. THE SALT LAKE HOME?
2 A. UH-HUH.
3 Q. WHERE IS THAT LOCATED, SIR?
4 A. IT'S ON WEST TEMPLE AND SECOND NORTH IN SALT LAKE.
5 Q. AND HOW LONG DID SHE REMAIN AT THE SALT LAKE CITY HOME?
6 A. ABOUT SIX MONTHS, A LITTLE OVER SIX MONTHS.
7 Q. DURING THAT TIME PERIOD THAT SHE WAS IN THE SALT LAKE
8 CITY HOME DID ANY HOSPITALIZATIONS TAKE PLACE?
9 A. YEAH. THEY HAD A RULE AT THE SALT LAKE HOME THAT THEY
10 HAD NO MEDICAL -- MEDICALLY TRAINED PEOPLE ON THEIR STAFF.
11 SO IF A PERSON BECAME SICK ENOUGH TO NEED A DOCTOR THEY HAD
12 TO GO TO A DOCTOR'S OFFICE OR HOSPITAL. I THINK WHILE SHE
13 WAS THERE SHE WENT TWICE.
14 Q. DO YOU RECALL WHEN THE FIRST INCIDENT OF HOSPITALIZATION
15 TOOK PLACE?
16 A. NOT EXACTLY. I RECALL THE SECOND ONE, BUT NOT THE FIRST
17 ONE.
18 Q. OKAY. DO YOU RECALL THE NATURE OF THE FIRST INCIDENT AS
19 TO THE REASON FOR THE HOSPITALIZATION?
20 A. NOT SPECIFICALLY, I CAN'T.
21 Q. OKAY. ALL RIGHT. THE SECOND HOSPITALIZATION THAT TOOK
22 PLACE, WHEN DID IT TAKE PLACE?
23 A. IT WAS ON AUGUST 25TH.
24 Q. AND WHAT HOSPITAL ARE WE TALKING ABOUT?
25 A. HOSPITAL?
1867
1 Q. UH-HUH.
2 A. WELL, THEY CALLED AN AMBULANCE AND TOOK HER TO THE
3 COTTONWOOD HOSPITAL. BY MISTAKE THEY TOOK HER TO THE L.D.S.
4 HOSPITAL AND THEN TRANSPORTED HER TO THE COTTONWOOD HOSPITAL
5 WHERE DR. STEVENS PRACTICED.
6 Q. WERE YOU CALLED ON THAT PARTICULAR TIME?
7 A. WELL, I WAS PRESENT. I WAS COMING TO TAKE MY MOTHER --
8 IT WAS ON A FRIDAY -- AND TO TAKE HER TO GET HER HAIR DONE,
9 WHICH I DID EVERY FRIDAY ALL THE WHILE SHE WAS THERE.
10 Q. I SEE.
11 A. AND SO I WAS PRESENT WHEN --
12 Q. WHAT HAPPENED?
13 A. -- WHEN THE PARAMEDICS WERE CALLED TO TAKE HER TO THE
14 HOSPITAL. I HAD JUST ARRIVED WHEN THEY ARRIVED. APPARENTLY
15 SHE HAD ANOTHER STROKE.
16 Q. HOW LONG WAS SHE HOSPITALIZED ON THAT PARTICULAR
17 OCCASION?
18 A. THREE OR FOUR DAYS.
19 Q. DO YOU KNOW WHO ATTENDED TO HER ON THAT PARTICULAR
20 OCCASION AT THE HOSPITAL?
21 A. WELL, DR. STEVENS WAS HER DOCTOR, BUT HE WAS OUT OF TOWN
22 OR UNAVAILABLE AND HE HAD A BACKUP PHYSICIAN WHO PRACTICED
23 IN THE SAME CLINIC WITH HIM, A DR. JAMES PEARCE.
24 Q. AND DID YOU INDICATE TO ME ALREADY HOW LONG SHE WAS
25 HOSPITALIZED FOR?
1868
1 A. IT WAS THREE OR FOUR DAYS THAT SHE WAS THERE.
2 Q. DO YOU RECALL EVER HAVING A DISCUSSION OR A CONVERSATION
3 WITH DR. PEARCE DURING THE COURSE OF THAT HOSPITALIZATION?
4 A. A NUMBER OF TIMES.
5 Q. OKAY.
6 A. I VISITED HER EVERY DAY AND SEVERAL TIMES SAW HIM, SPOKE
7 WITH HIM.
8 Q. OKAY. AFTER YOUR MOTHER WAS RELEASED FROM THE HOSPITAL
9 DID YOU RETURN HER TO THE SALT LAKE HOME?
10 A. NO. THEY -- THEIR RULES WOULD NOT HAVE PERMITTED THAT
11 BECAUSE OF THE STROKE. SHE WAS TOO CONFUSED. AND THEIR
12 RULES REQUIRED THAT A RESIDENT BE MOBILE AND ABLE TO FEED
13 HERSELF. THEY NEEDED TO BE QUITE INDEPENDENT.
14 Q. DID -- WELL, STRIKE THAT. WHAT DIFFERENCE DID YOU NOTE
15 IN HER PHYSICAL CONDITION AND MENTAL CONDITION FROM JUST
16 BEFORE THE STROKE IN AUGUST UNTIL AFTER THE STROKE? CAN YOU
17 TELL US WHETHER THERE WAS A DIFFERENCE?
18 A. WELL, SOMETHING HAPPENED IN THE HOSPITAL WHICH UPSET HER
19 VERY GREATLY. THEY PUT INJECTIONS -- INTRAVENOUS
20 CONNECTIONS IN HER ARMS AND SHE RESISTED THAT VERY
21 VIGOROUSLY AND FOUGHT HER WAY OUT. THEY RESTRAINED HER IN
22 HER BED AND SHE FOUGHT HER WAY OUT OF THE RESTRAINTS AND
23 TORE THE I.V.'.S. OUT OF HER ARMS. IT MADE HER ARMS GO
24 BLACK AND BLUE TO THE ELBOWS 'CAUSE THEY HAD AN I.V. IN EACH
25 ARM AND IT UPSET HER. SHE --
1869
1 Q. CAN YOU DESCRIBE FOR US, THERE WAS A DIFFERENCE IN HER
2 PHYSICAL WELL-BEING AS COMPARED TO BEFORE SHE SUFFERED THAT
3 STROKE? DID SHE CHANGE? COULD SHE WALK?
4 A. IT LIMITED HER ABILITY TO WALK. IN THE CARE CENTER
5 WHERE WE TOOK HER SHE, AFTER THAT, WAS MOST OF THE TIME IN A
6 WHEELCHAIR WHEN SHE WAS OUT OF BED.
7 Q. WHAT ABOUT HER MEMORY? DID YOU NOTICE ANY DIFFERENCE IN
8 HER MEMORY AT THAT POINT?
9 A. WELL, IT'S HARD TO COMPARE CONFUSION WITH CONFUSION.
10 Q. OKAY.
11 A. DIDN'T DO HER ANY GOOD.
12 Q. OKAY. CAN YOU DESCRIBE FOR US, IF YOU WILL, OR TELL US
13 WHERE DID YOU TRANSFER HER TO FROM THE HOSPITAL ON THAT
14 OCCASION?
15 A. YES. TO THE HOLLADAY HEALTH CARE CENTER, I THINK IT'S
16 CALLED.
17 Q. AND THAT'S LOCATED --
18 A. IT'S IN HOLLADAY. ABOUT 50TH SOUTH ON HOLLADAY
19 BOULEVARD.
20 Q. WAS THIS A NURSING HOME FACILITY?
21 A. YES.
22 Q. THEY HAVE MEDICAL CARE PRESENT?
23 A. THEY DID.
24 Q. AND SO SHE WAS ACCEPTED AT THAT FACILITY?
25 A. YES.
1870
1 Q. DID SHE REMAIN AT THAT FACILITY UP UNTIL THE TIME SHE
2 WAS TRANSFERRED TO THE DAVIS HOSPITAL GEROPSYCH UNIT?
3 A. YES.
4 Q. WERE THERE ANY OTHER INCIDENTS OR HOSPITALIZATIONS WHILE
5 AT THAT FACILITY?
6 A. YES, THERE WERE.
7 Q. DID THOSE INCIDENTS REVOLVE AROUND A SITUATION WHERE SHE
8 AGAIN WAS RESTRAINED?
9 A. THAT'S THE FIRST THING THEY DID ON THE DAY SHE WAS
10 ADMITTED. THAT EVENING AT BEDTIME THEY RESTRAINED HER AND
11 IT HAD THE SAME EFFECT UPON HER. MADE HER VERY ANGRY AND
12 SHE VIGOROUSLY RESISTED IT. THERE WERE NO I.V.'S IN HER
13 ARMS, BUT SHE FOUGHT HER WAY OUT OF THE RESTRAINTS, THE
14 CUFFS ON HER ARMS. AND THE RAILS, SAFETY RAILS, AROUND THE
15 BED WERE IN PLACE. SHE CLIMBED OVER THEM, OVER THE RAILS,
16 AND FELL TO THE FLOOR. AND HIT -- SHE LANDED ON HER
17 SHOULDER AND THE BACK OF HER HEAD. No pain from this? Harold said none.
18 Q. AND THAT PARTICULAR INCIDENT RESULTED IN HER BEING
19 TAKEN, AS I UNDERSTAND IT, TO THE EMERGENCY WARD AT ST.
20 MARK'S HOSPITAL; IS THAT RIGHT?
21 A. THEY CALLED ME ABOUT ONE O'CLOCK IN THE MORNING. IT WAS
22 THE MIDDLE OF THE NIGHT. AND MY WIFE AND I WENT TO THE REST
23 HOME, TO THE HOLLADAY CARE, AND WE TOOK HER TO THE EMERGENCY
24 ROOM AT ST. MARK'S.
25 Q. OKAY. THERE WAS ALMOST AN IDENTICAL INCIDENT THAT
1871
1 OCCURRED LATER THAT MONTH, AS I UNDERSTAND IT; IS THAT
2 RIGHT?
3 A. THE NEXT MONTH, ABOUT TWO WEEKS LATER, THE VERY SAME
4 THING HAPPENED.
5 Q. THAT TIME SHE SUSTAINED A LACERATION TO HER FOREHEAD?
6 A. YES. SHE FELL. FOR THE SAME REASON SHE FELL. THEY HAD
7 HER RESTRAINED IN BED AND PENNED IN WITH THE RAILS. SHE
8 FELL TO THE FLOOR AGAIN AND FELL ON HER FOREHEAD.
9 Q. IN ADDITION TO THE LACERATIONS, AS I UNDERSTAND IT, SHE
10 SUSTAINED A CONCUSSION?
11 A. SHE DID.
12 Q. WAS SHE HOSPITALIZED FOR MORE THAN ONE DAY ON THAT
13 OCCASION?
14 A. NOT MORE THAN ONE DAY. ONE DAY AND ONE NIGHT, I THINK.
15 Q. ALL RIGHT. AND THEN SHE WAS RETURNED TO THE HOLLADAY
16 CARE CENTER?
17 A. YES.
18 Q. SHE REMAINED THERE AGAIN UNTIL THE LATTER PART OF
19 NOVEMBER OR EARLY PART OF DECEMBER; IS THAT RIGHT?
20 A. THAT'S RIGHT.
21 Q. WAS THERE A -- WAS THERE A TIME THAT -- WELL, LET ME SET
22 SOME FOUNDATION HERE. IS IT TRUE, MR. LARSEN, THAT YOU
23 ESSENTIALLY ACTED AS YOUR MOTHER'S GUARDIAN AND PERSONAL
24 REPRESENTATIVE AT THIS TIME?
25 A. I THINK SO. I THINK THAT'S HOW YOU WOULD DESCRIBE IT.
1872
1 Q. DID YOU EXERCISE CONTROL OVER HER ESTATE AS WELL AS HER
2 PERSON?
3 A. SHE HAD GIVEN ME A POWER OF ATTORNEY FOR MEDICAL
4 PURPOSES, MEDICAL DECISIONS. SHE HAD MADE OUT A LIVING WILL
5 OR HAD SIGNED ONE THAT WAS PREPARED FOR HER. AND --
6 Q. DO YOU REMEMBER WHEN THAT WAS DONE?
7 A. YES. IT WAS DONE WHILE SHE WAS IN THE SALT LAKE HOME.
8 I THINK IT WAS IN, OH, EARLY MAY, IN MAY.
9 Q. AND THAT REMAINED IN EFFECT?
10 A. YES. THAT WAS IN EFFECT UNTIL SHE DIED.
11 Q. I ASSUME THAT YOU TOOK THOSE DOCUMENTS WITH YOU WHEREVER
12 SHE WAS TRANSFERRED?
13 A. THAT'S RIGHT.
14 Q. DID THERE COME A TIME THAT YOU DETERMINED THAT SHE
15 SHOULD BE MOVED TO THE GEROPSYCH UNIT IN DAVIS HOSPITAL?
16 A. YES. RIGHT AFTER THE FIRST OF DECEMBER THE STAFF SPOKE
17 TO ME ABOUT IT.
18 Q. THE STAFF AT?
19 A. THE STAFF AT HOLLADAY CARE CENTER.
20 Q. WHAT WAS THE REASON THEY SPOKE TO YOU ABOUT IT?
21 A. WELL, MY MOTHER'S BEHAVIOR WAS QUITE DISTURBING. SHE
22 SHOUTED AND CRIED A LOT. VERY UNHAPPY AND DISTURBING TO THE
23 OTHER PATIENTS. AND BECAUSE OF THAT OR JUST AT THE SAME --
24 AT THAT TIME PEOPLE ON THE STAFF OF THE CARE CENTER
25 MENTIONED TO ME THAT A PSYCH, GEROPSYCHIATRIC UNIT IN THE
1873
1 DAVIS HOSPITAL IN LAYTON, HAD HAD SOME SUCCESS IN TREATING
2 PEOPLE WITH THAT BEHAVIOR PROBLEM AND HELPING THEM TO BE
3 CALM, CALMER. AND THEY SUGGESTED THAT PERHAPS THEY COULD
4 HELP MY MOTHER.
5 Q. WAS IT SOMETHING THAT YOU VOLUNTARILY DID?
6 A. IT WAS VOLUNTARY. I CONTACTED ALL OF MY SIBLINGS AND
7 TOLD THEM ABOUT THIS AND ASKED THEM WHAT THEY THOUGHT AND
8 THEY ALL AGREED THAT IT WAS WORTH A TRY.
9 Q. SO WHEN WAS SHE TRANSFERRED TO THE GEROPSYCH UNIT?
10 A. I THINK IT WAS ON THE 6TH OF DECEMBER, 5TH OR 6TH OF
11 DECEMBER.
12 Q. DID YOU ACCOMPANY HER ON THAT PARTICULAR TIME?
13 A. YES. IN MY OWN CAR. THEY MOVED HER IN THE CARE
14 CENTER'S VAN IN HER WHEELCHAIR. THEY COULD CARRY HER.
15 Q. SO THEY TRANSPORTED HER THERE?
16 A. UH-HUH.
17 Q. AND YOU FOLLOWED THEM UP?
18 A. YES. I DROVE UP IN MY OWN CAR BEHIND THEM.
19 Q. DO YOU HAVE AN INDEPENDENT RECOLLECTION OF THAT
20 PARTICULAR DAY, SIR?
21 A. YES, I DO. I DON'T RECALL EXACTLY WHEN WE ARRIVED
22 THERE, BUT IT WAS IN THE LATE AFTERNOON. AND MY MOTHER
23 REMAINED IN THE WHEELCHAIR. AND BY THE TIME I HAD ARRIVED
24 THEY HAD ALREADY TAKEN HER IN. AND I FOLLOWED IN AND SHE
25 WAS IN HER WHEELCHAIR IN THE HALL BY THE NURSE'S STATION.
1874
1 Q. WAS SHE THERE ALONE AT THAT POINT?
2 A. ALONE?
3 Q. UH-HUH.
4 A. NO. THERE WERE NURSES AROUND.
5 Q. WERE THERE OTHER INDIVIDUALS AROUND?
6 A. NURSES AROUND HER.
7 Q. WHEN YOU GOT THERE I WANT YOU TO DESCRIBE FOR US WHAT
8 YOUR IMPRESSIONS WERE OF HER PHYSICAL AND MENTAL HEALTH AT
9 THAT POINT?
10 A. WELL, SHE CONTINUED TO BE NOISY. SHE WAS DISTURBED AT
11 HAVING BEEN MOVED. SHE DIDN'T KNOW WHERE SHE WAS. SHE
12 DIDN'T KNOW ANYONE.
13 Q. DID SHE KNOW YOU?
14 A. YES. SHE RECOGNIZED ME AND SHE CALMED DOWN WHEN I
15 ARRIVED. I HEARD HER AS I CAME IN AND APPROACHED. SHE WAS
16 NOISY AND SHE CALMED DOWN.
17 Q. DID YOU HAVE OCCASION, SIR, TO HELP PROCESS THE
18 PAPERWORK FOR ADMISSION TO THE GEROPSYCH UNIT?
19 A. YES, I DID. I SIGNED HER IN AND I PRESENTED THEM WITH A
20 COPY OF HER LIVING WILL AND POWER OF ATTORNEY TO ME. AND
21 THEY ASKED ME WHAT MEDICATIONS SHE WAS TAKING. AND I THINK
22 THEY ALSO HAD THAT FROM THE CARE CENTER WHERE SHE WAS TAKING
23 SEVERAL MEDICATIONS.
24 Q. TO YOUR RECOLLECTION WAS SHE TAKING ANY KIND OF PAIN
25 MEDICATION AT THE CARE CENTER?
1875
1 A. NO, NOT THAT I WAS AWARE OF. MAYBE TYLENOL ONCE IN A
2 WHILE IF SHE COMPLAINED OF A HEADACHE. SHE WAS ON THREE
3 MEDICATIONS, THAT IS, AS I RECALL.
4 Q. WHAT WERE THOSE?
5 A. SHE HAD A THYROXIN SUPPLEMENT CALLED SYNTHROID. SHE HAD
6 GLAUCOMA IN BOTH HER EYES SO SHE WAS PUTTING DROPS OF
7 BETAGAN, I BELIEVE IT'S CALLED, ONE IN EACH EYE TWICE A DAY,
8 MORNING AND NIGHT. SHE ALSO HAD A DEFICIENCY OF POTASSIUM,
9 PROBABLY BECAUSE OF A WATER PROBLEM IN HER FLESH. I'M NOT
10 PARTICULARLY AWARE OF THAT. BUT SHE TOOK SLOW K, A MEDICINE
11 CALLED SLOW K, WHICH IS A SUPPLEMENT FOR POTASSIUM. AND
12 THOSE ARE THE THREE MEDICATIONS SHE HAD BEEN TAKING FOR THE
13 BETTER PART OF THAT YEAR.
14 Q. DID YOU TALK TO ANY PHYSICIANS AT THE HOSPITAL ON THAT
15 PARTICULAR DAY?
16 A. NO.
17 Q. HOW LONG DID YOU STAY THERE WITH YOUR MOTHER AT THAT
18 TIME, DO YOU REMEMBER?
19 A. I DON'T REALLY RECALL. BUT THEY TRIED TO GET HER TO EAT
20 SOMETHING. I LEFT BEFORE THEY PUT HER TO BED. I WAS
21 PROBABLY THERE A COUPLE OF HOURS.
22 Q. WAS ANYBODY WITH YOU OTHER THAN YOURSELF?
23 A. NOT AT THAT TIME. I WAS THERE WITH MYSELF.
24 Q. WITH YOUR MOTHER ALONE. DID YOU -- YOUR MOTHER WAS IN
25 THE GEROPSYCH UNIT FROM THAT DAY, I THINK IT WAS DECEMBER
1876
1 THE 6TH UP UNTIL JANUARY 3RD WHEN SHE PASSED AWAY; IS THAT
2 CORRECT?
3 A. THAT'S RIGHT.
4 Q. DURING THIS TIME FRAME DID YOU CONTINUE TO VISIT WITH
5 HER ON A REGULAR BASIS?
6 A. YES. I VISITED HER PROBABLY TWO, MAYBE THREE TIMES A
7 WEEK.
8 Q. AND WOULD THOSE VISITS OCCUR AT ANY PARTICULAR TIME OF
9 THE DAY?
10 A. THEY WOULD HAVE BEEN IN THE EARLY AFTERNOON MOST LIKELY.
11 Q. NOW, CAN YOU DESCRIBE FOR US, IF YOU WOULD, THE INITIAL
12 TIMEFRAME EXTENDING FOR, SAY, THE FIRST TWO WEEKS THAT YOUR
13 MOTHER WAS IN THE FACILITY AT THE DAVIS HOSPITAL AS TO HER
14 PROGRESS OR WHAT YOU RECALL ABOUT HER PHYSICAL AND MENTAL
15 CONDITION?
16 A. WELL, SHE NO LONGER SHOUTED. MY SECOND VISIT SHE WAS
17 NOT SHOUTING. SHE WAS IN A WHEELCHAIR. THE FIRST TIME
18 AFTER HER ADMISSION THAT I WENT SHE WAS IN A ROOM WITH A
19 NUMBER OF OTHER PATIENTS AND SEVERAL STAFF PEOPLE. IT WAS A
20 THERAPY SESSION. THEY WERE TRYING TO GET THESE PEOPLE TO
21 DISCUSS, TO COMMENT AND TO RESPOND.
22 Q. DID YOU WATCH YOUR MOTHER IN THAT PARTICULAR SETTING?
23 A. I DID. I SAT BY HER.
24 Q. WERE YOU ENCOURAGED AT ALL BY WHAT YOU SAW ON THAT
25 PARTICULAR DATE?
1877
1 A. WELL, IT WAS OUR HOPE -- MY HOPE WAS UNCHANGED. I WAS
2 GLAD THAT SHE HAD QUIETED DOWN AND THAT SHE KNEW ME, BUT SHE
3 DIDN'T -- SHE DIDN'T TALK MUCH WITH ME. I DID MOST OF THE
4 TALKING. IN THE ONE ROOM I, OF COURSE -- I WOULD JUST BE
5 SITTING OBSERVING WHAT WAS BEING DONE IN THIS DISCUSSION
6 SESSION.
7 Q. CAN YOU TELL US A LITTLE BIT ABOUT WHAT YOU OBSERVED
8 LATER ON, NOT ON THAT PARTICULAR DATE, BUT SUBSEQUENT DATES?
9 A. WELL, SHE DIDN'T SEEM TO BE MAKING ANY PROGRESS AND AT
10 NO TIME THAT SHE WAS THERE DID SHE MAKE ANY PROGRESS. IT
11 WAS DOWNHILL. THE NURSES CONTINUED TO -- THEY TOOK
12 EXCELLENT CARE OF HER. KEPT HER CLEAN. FOR THE FIRST WEEK,
13 TEN DAYS, MAYBE TWO WEEKS SHE WAS IN HER WHEELCHAIR IF I
14 VISITED HER IN THE MIDDLE OF THE DAY OR BEFORE BEDTIME. I
15 DIDN'T ALWAYS COME IN THE AFTERNOON. A NUMBER OF TIMES IT
16 WAS IN THE EVENING, EARLY EVENING.
17 Q. YOU SAID THAT --
18 A. SHE BECAME INCREASINGLY SILENT.
19 Q. INCREASINGLY SILENT?
20 A. YEAH. SHE DIDN'T HAVE ANYTHING TO SAY.
21 Q. HOW WOULD SHE -- WOULD SHE JUST BE SITTING THERE WITH
22 HER EYES OPEN OR CLOSED OR WHAT WOULD SHE --
23 A. MOST OF THE TIME HER EYES WERE OPEN FOR THE FIRST COUPLE
24 OF WEEKS. AFTER THAT SHE WAS MORE OFTEN IN BED, GENERALLY
25 IN BED.
1878
1 Q. DID YOU EVER CONVERSE WITH ANY PHYSICIANS DURING THAT
2 TIMEFRAME?
3 A. NO.
4 Q. DID YOU HAVE ANY CONVERSATIONS WITH ANY NURSES
5 CONCERNING WHETHER OR NOT YOUR MOTHER WOULD NEED TO BE
6 TRANSFERRED FROM THE CARE CENTER OR FROM THE HOSPITAL?
7 A. WELL, THEY HAD A RULE. THE RULE IN THE -- IN THEIR
8 PROGRAM STIPULATED THAT IF THE PATIENT MADE PROGRESS AS A
9 RESULT OF THEIR THERAPY OR WHATEVER, THEY WOULD BE PERMITTED
10 TO STAY UP TO THREE WEEKS OR SO. IF THEY DIDN'T MAKE
11 PROGRESS IN THE FIRST TWO, TWO AND A HALF WEEKS, THEY -- THE
12 RULES REQUIRED THAT THEY BE REMOVED FROM THE UNIT AND
13 LOCATED ELSEWHERE. No such rule existed.
14 Q. WHEN WERE YOU ADVISED OF THAT RULE?
15 A. THE NURSES -- I WAS ADVISED OF THAT WHEN WE PLACED HER
16 THERE. I KNEW THAT WAS THE CASE WHEN WE LEFT THE HOLLADAY
17 CARE CENTER.
18 Q. ALL RIGHT. SO DID THERE COME A TIME THAT THEY INDICATED
19 TO YOU THAT YOU WOULD HAVE TO MAKE OTHER ARRANGEMENTS FOR
20 HER CARE?
21 A. YES.
22 Q. DO YOU RECALL WHEN THAT WAS, SIR?
23 A. JUST BEFORE CHRISTMAS. SHE HAD BEEN IN TWO, TWO AND A
24 HALF WEEKS.
25 Q. AND AT THAT TIME WHO ADVISED YOU OF THAT?
1879
1 A. THE NURSE SPOKE TO ME OF IT.
2 Q. DO YOU RECALL WHICH NURSE IT WAS?
3 A. NO. I KNEW ONLY ONE OF THEM BY NAME.
4 Q. WHO WAS THAT?
5 A. HER NAME WAS LYNN LONG, A MARRIED WOMAN.
6 Q. AND WAS SHE THE NURSE THAT ADVISED YOU?
7 A. I DON'T RECALL, BUT PROBABLY SHE WAS THE HEAD NURSE.
8 Q. SO WHAT DID YOU DO IN RESPONSE TO THAT PARTICULAR
9 INFORMATION?
10 A. WELL, I WENT LOOKING FOR A PLACE FOR HER TO STAY WHERE
11 SHE COULD RECEIVE THE CARE SHE NEEDED. WE COULD NOT DO IT
12 AT HOME.
13 Q. DID YOU HAVE ANY CONVERSATIONS WITH THE DEFENDANT, DR.
14 WEITZEL, DURING THAT TIME PERIOD?
15 A. I DID ONCE. ONE TIME WHEN I MET HIM.
16 Q. AND WHERE DID YOU MEET HIM?
17 A. THERE AT THE NURSES' STATION IN THE HALL.
18 Q. IN THE GEROPSYCH UNIT?
19 A. UH-HUH.
20 Q. WHAT, IF ANYTHING, DID YOU SAY TO HIM ON THAT PARTICULAR
21 OCCASION?
22 A. WELL, I TOLD HIM THAT I WAS HAVING DIFFICULTY. I
23 INQUIRED AT FOUR OR FIVE PLACES TRYING TO LOCATE A CARE
24 CENTER WHERE I COULD PUT HER THAT WOULD BE SATISFACTORY TO
25 US AND WHERE SHE WOULD GET THE CARE SHE NEEDED. I HADN'T
1880
1 HAD ANY SUCCESS.
2 Q. DO YOU RECALL THE APPROXIMATE DATE OF THIS CONVERSATION?
3 A. I TOLD DR. WEITZEL THAT I WAS NOT HAVING ANY SUCCESS
4 FINDING A PLACE FOR HER.
5 Q. SO YOU TOLD HIM THAT ON THAT OCCASION?
6 A. THAT'S RIGHT.
7 Q. DO YOU RECALL THE DATE OF THAT PARTICULAR CONVERSATION?
8 A. NOT EXACTLY, BUT I THINK IT WAS JUST BEFORE CHRISTMAS,
9 ABOUT THE 26TH.
10 Q. HOW DID HE RESPOND TO YOU AT THAT TIME, SIR?
11 A. THE 24TH, IT WOULD BE. JUST BEFORE CHRISTMAS. I BEG
12 YOUR PARDON.
13 Q. I'M SORRY. HOW DID HE RESPOND TO YOU WHEN YOU PROVIDED
14 HIM WITH THAT INFORMATION?
15 A. WELL, HE WAS VERY SYMPATHETIC WITH ME AND VERY KIND. HE
16 SAID, YOUR MOTHER IS NOT GOING TO LIVE VERY LONG. SHE'S
17 FAILING AND WE'LL BEND THE RULES. HE SAID, WE'LL JUST BEND
18 THAT RULE AND YOU MAY LEAVE HER HERE AND WE'LL TAKE CARE OF
19 HER UNTIL SHE DIES.
20 Q. NOW, TO YOUR RECOLLECTION THIS CONVERSATION TOOK PLACE
21 ON THE 24TH OR JUST SHORTLY BEFORE CHRISTMAS?
22 A. A DAY OR TWO BEFORE CHRISTMAS.
23 Q. OKAY. DID THAT SURPRISE YOU WHEN HE TOLD YOU THAT YOUR
24 MOTHER WAS NOT GOING TO LIVE VERY LONG?
25 A. NOT REALLY.
1881
1 Q. AND DID YOU -- DID HE EXPRESS TO YOU HOW LONG WAS VERY
2 LONG?
3 A. NO. MY MOTHER WAS COMATOSE. I WOULD CALL IT THAT. SHE
4 WAS IN BED. SHE WAS VERY CLEAN AND LOOKED WELL CARED FOR,
5 BUT HER EYES WERE CLOSED AND SHE WOULDN'T SPEAK TO ME.
6 Q. NOW, THIS -- WAS THIS OCCASION THE TIME OF THE
7 CONVERSATION WITH DR. WEITZEL THAT YOU MADE THESE
8 OBSERVATIONS ABOUT YOUR MOTHER?
9 A. WELL, I HAD NOTICED THAT FOR THE PRECEDING SEVERAL
10 VISITS.
11 Q. OKAY.
12 A. SHE HAD BEEN IN THAT CONDITION.
13 Q. SO HOW LONG BEFORE CHRISTMAS WAS IT THAT YOU NOTICED
14 THIS CHANGE WHERE SHE WAS LYING IN BED IN WHAT YOU DESCRIBED
15 AS A COMATOSE STATE?
16 A. SEVERAL DAYS. COUPLE OF VISITS. A COUPLE OF VISITS
17 ACTUALLY SHE HAD BEEN IN THIS CONDITION.
18 Q. DID SHE SPEAK TO YOU?
19 A. NO.
20 Q. WERE YOU ABLE TO COMMUNICATE WITH HER IN ANY FASHION?
21 A. I SPOKE TO HER BUT SHE DIDN'T RESPOND.
22 Q. AFTER THE CONVERSATION WITH DR. WEITZEL DID YOU HAVE
23 OCCASION TO CONTINUE TO VISIT WITH YOUR MOTHER?
24 A. I THINK I VISITED WITH HER ONCE BEFORE THE END OF THE
25 YEAR.
1882
1 Q. SO BETWEEN THE CHRISTMAS HOLIDAY AND THE END OF THE YEAR
2 YOU VISITED WITH HER ONCE?
3 A. I DID. SHE HAD OTHER VISITORS. MY YOUNGEST SISTER WAS
4 UP FOR CHRISTMAS.
5 Q. WHERE WAS SHE UP FROM, SIR?
6 A. FROM TEXAS NEAR HOUSTON WHERE SHE LIVED. MY TWO
7 BROTHERS, TWO OLDER BROTHERS, WERE VISITING HER FREQUENTLY,
8 PERIODICALLY, AND THE TWO SISTERS VISITED WITH HER. SO I
9 WASN'T THE ONLY COMPANY THAT SHE HAD.
10 Q. CAN YOU TELL US WHETHER OR NOT YOU WOULD CALL THE
11 HOSPITAL ON A REGULAR BASIS AND MAKE INQUIRIES ABOUT HER
12 CONDITION?
13 A. I DON'T RECALL DOING THAT, NO.
14 Q. SO YOU -- WHAT CAN YOU TELL US -- DESCRIBE FOR US, IF
15 YOU WILL, ON THIS PARTICULAR VISIT BETWEEN THE CHRISTMAS
16 HOLIDAY AND THE END OF THE YEAR YOUR OBSERVATIONS AS TO THE
17 CONDITION OF YOUR MOTHER AT THAT TIME?
18 A. SHE WAS IN BED AND UNRESPONSIVE.
19 Q. WHEN THE DOCTOR ADVISED YOU THAT SHE WAS NOT GOING TO
20 LIVE VERY LONG, WERE THERE ANY DISCUSSIONS AT THAT TIME
21 REGARDING WHAT HER CARE AND TREATMENT WOULD BE?
22 A. WELL, SHE WAS NOT EATING OR DRINKING ANYTHING AT THAT
23 TIME. SHE HAD SPECIFIED THAT SHE NOT BE GIVEN ANYTHING
24 INTRAVENOUSLY.
25 Q. OKAY.
1883
1 A. SHE WAS COMPLETELY UNRESPONSIVE, BUT SHE WAS KEPT CLEAN.
2 THE BED WAS CLEAN. SHE WAS DRESSED IN A CLEAN MANNER. HER
3 HAIR WAS KEPT LOOKING NICE.
4 Q. WERE THERE ANY DECISIONS ABOUT WITHHOLDING ANY
5 MEDICATION OR PROVIDING ANY MEDICATION, TO YOUR
6 RECOLLECTION?
7 A. I DON'T RECALL DOING THAT. I DON'T SEE HOW SHE COULD
8 HAVE TAKEN ANYTHING ORALLY. AND THEY WERE TO GIVE HER
9 NOTHING INTRAVENOUSLY SO IT WAS NOT DISCUSSED. I NEVER DID
10 DISCUSS THE MEDICATIONS.
11 Q. WERE YOU AWARE THAT SHE WAS GIVEN -- EXCUSE ME?
12 A. PARDON ME.
13 Q. WERE YOU AWARE WHETHER OR NOT SHE WAS GIVEN ANY SHOTS,
14 ADMINISTERED ANY TYPES OF INJECTIONS DURING THIS TIME
15 PERIOD?
16 A. I HAD NO DISCUSSION WITH ANYONE ABOUT IT.
17 Q. OKAY. DID YOU HAVE ANY FURTHER DISCUSSIONS WITH DR.
18 WEITZEL CONCERNING YOUR MOTHER EXTENDING UP UNTIL THE TIME
19 OF HER DEATH?
20 A. JUST THAT ONE TIME.
21 Q. JUST THAT ONE TIME. NOW, YOU'VE TALKED ABOUT ONE VISIT
22 BETWEEN THE HOLIDAYS. DID YOU VISIT WITH HER JANUARY 1ST?
23 A. YES. ON JANUARY 3RD, THE DAY SHE DIED, WHICH I THINK
24 WAS LATE IN THE EVENING, HER DEATH. EARLIER THAT EVENING WE
25 HAD ARRANGED A MEETING AT THE HOME OF MY OLDEST BROTHER WHO
1884
1 LIVED IN PLEASANT VIEW. WE CHILDREN MET TOGETHER, THOSE OF
2 US WHO WERE LIVING IN THIS AREA, AND MY SISTER WHO STILL HAD
3 NOT GONE HOME FROM -- OR TO TEXAS. WE MET AND WE WERE
4 DISCUSSING PLANS FOR HER FUNERAL.
5 Q. SO THIS WOULD BE THE PRIOR EVENING TO HER DEATH?
6 A. NO. IT WAS ON THE EVENING OF HER DEATH, BUT IT WAS
7 EARLY IN THE EVENING. I WENT HOME. I WENT IN AND SAW MY
8 MOTHER ON THE WAY UP TO MY BROTHER'S HOME. I DID NOT GO IN
9 AGAIN ON MY WAY HOME FROM THAT MEETING. I GOT HOME ON
10 TOWARD TEN O'CLOCK, I THINK.
11 Q. YOU SAID YOU VISITED WITH YOUR MOTHER PRIOR TO ON YOUR
12 WAY UP TO VISIT WITH YOUR BROTHER?
13 A. I DID.
14 Q. DESCRIBE FOR US, IF YOU WOULD, PLEASE, WHAT YOU OBSERVED
15 ABOUT HER CONDITION AT THAT TIME?
16 A. UNCHANGED. JUST DEEPENED, I IMAGINE. SHE WAS STILL
17 ALIVE.
18 Q. CAN YOU TELL US ANYTHING ABOUT -- DID YOU MAKE ANY
19 OBSERVATIONS ABOUT HER BREATHING?
20 A. WELL, SHE WAS STILL BREATHING. SHE WAS ALIVE, BUT --
21 Q. THERE WAS NOTHING UNTOWARD ABOUT THE BREATHING?
22 A. NOTHING MUCH CHANGED FROM THE RECENT PREVIOUS VISITS.
23 Q. OKAY. SO YOU RETURNED HOME APPROXIMATELY TEN O'CLOCK
24 THAT EVENING?
25 A. I THINK SO. I GOT HOME 9:30 OR TEN O'CLOCK.
1885
1 Q. WHEN WAS IT YOU WERE ADVISED OF YOUR MOTHER'S DEATH?
2 A. JUST LESS THAN AN HOUR AFTER I GOT HOME. I GOT A PHONE
3 CALL FROM THE HOSPITAL UNIT.
4 Q. DID YOU DO ANYTHING AT THAT TIME IN RESPONSE TO THE
5 PHONE CALL?
6 A. YES. I CONTACTED -- NO, I DIDN'T CONTACT THEM. I TOLD
7 THEM WHO -- WHICH MORTUARY WOULD BE TAKING CARE OF HER BODY.
8 I TOLD THEM THAT. THAT WAS THE JENKINS-SOL MORTUARY IN
9 MURRAY.
10 Q. SO YOU MADE HER FUNERAL ARRANGEMENTS AT THAT TIME, OR
11 DELIVERY OF THE BODY ARRANGEMENTS?
12 A. I MADE THE ARRANGEMENTS, I AND MY SIBLINGS. MY
13 SISTER -- TWO SISTERS PRIMARILY. MY YOUNGEST SISTER HAD
14 GONE HOME BEFORE MY MOTHER DIED. SHE WENT HOME ABOUT BEFORE
15 NEW YEARS DAY TO TEXAS.
16 Q. DID YOU, SIR -- JUST ONE LAST QUESTION. DURING THE TIME
17 PERIOD THAT YOU OBSERVED HER IN WHAT YOU DESCRIBE AS A
18 COMATOSE STATE, ON ALL OF THOSE OCCASIONS DID YOU EVER SEE
19 OR DID YOU EVER HAVE ANY IMPRESSION THAT SHE WAS IN ANY KIND
20 OF PAIN?
21 A. THAT I WHAT?
22 Q. DID YOU EVER SEE HER -- DID YOU EVER HAVE ANY KIND OF
23 IMPRESSION THAT YOUR MOTHER WAS SUFFERING ANY KIND OF PAIN?
24 A. NO. NO. AT NO TIME WHILE SHE WAS THERE DID I DETECT
25 THAT SHE WAS IN PAIN.
1886
1 MR. WILSON: MAY I HAVE JUST A MINUTE, YOUR HONOR?
2 THE COURT: YES.
3 MR. WILSON: YOUR HONOR, AT THE TIME WE HAVE NO
4 FURTHER QUESTIONS.cdx
5 THE COURT: ANY CROSS EXAMINATION?
6 MR. STIRBA: YES, THERE IS, YOUR HONOR.
7 CROSS-EXAMINATION
8 BY MR. STIRBA:
9 Q. GOOD AFTERNOON, MR. LARSEN.
10 A. YES, HELLO.
11 Q. YOU REMEMBER YOU TESTIFIED AT ANOTHER PROCEEDING
12 CONCERNING THIS CASE, THE PRELIMINARY HEARING?
13 A. I DID.
14 Q. AND DO YOU REMEMBER AT THAT TIME YOU WERE PUT UNDER
15 OATH, SIMILAR AS YOU ARE HERE, AND MR. WILSON ASKED SOME
16 QUESTIONS RELATED TO THE EVENT THAT YOU JUST TESTIFIED TO?
17 A. YES, I RECALL DOING THAT.
18 Q. AND AT THAT TIME AT THE PRELIMINARY HEARING DO YOU
19 REMEMBER THAT YOU TESTIFIED CONCERNING THAT CONVERSATION
20 THAT YOU TOLD US ABOUT WITH DR. WEITZEL, THAT THAT
21 CONVERSATION OCCURRED AFTER CHRISTMAS AND IT MIGHT HAVE BEEN
22 THE 27TH OR THE 28TH OF DECEMBER?
23 A. I THINK IT WAS.
24 Q. IS THAT MORE SQUARE WITH YOUR RECOLLECTION?
25 A. WHAT DID I SAY TODAY?
1887
1 MR. STIRBA: MAY I APPROACH, YOUR HONOR?
2 THE COURT: YES.
3 THE WITNESS: IT WAS AFTER.
4 Q. (BY MR. STIRBA) IT WAS AFTER CHRISTMAS?
5 A. IT WAS AFTER CHRISTMAS, YES.
6 Q. LET ME JUST SHOW YOU -- I GOT A TRANSCRIPT HERE. I'LL
7 JUST SHOW YOU -- THE QUESTION WAS ASKED, "AND YOU HAD BEEN
8 UNSUCCESSFUL IN THE ENDEAVOR, DID YOU EVER HAVE OCCASION
9 AROUND THAT TIME TO TALK WITH DR. WEITZEL?"
10 "ANSWER: YES, I DID. I MET DR. WEITZEL THE FIRST TIME
11 IN PERSON. AT ANY RATE -- WELL, RIGHT AFTER MY SEARCH FOR
12 SEVERAL DAYS IT MIGHT HAVE BEEN THE 27TH OR 28TH OF
13 DECEMBER."
14 A. YES.
15 Q. IS THAT -- WAS THAT QUESTION ASKED AND THAT WAS YOUR
16 ANSWER AT THE PRELIMINARY HEARING?
17 A. YES, I THINK SO. I WAS TOLD BY THE NURSE IT WAS BEFORE
18 CHRISTMAS.
19 Q. MISS LONG, YOU THINK?
20 A. MRS. LONG. TOLD ME -- SHE QUOTED THE RULE, REFERRED TO
21 THE RULE THAT IF THERE WAS NO PROGRESS MY MOTHER WOULD HAVE
22 TO BE TAKEN OUT. AND AT THAT TIME OVER CHRISTMAS AND FOR
23 SEVERAL DAYS I INQUIRED FOR PLACES FOR HER TO STAY. AND IT
24 WAS AT THIS TIME -- IT WAS AFTER CHRISTMAS, A DAY OR TWO,
25 THAT I MET DR. WEITZEL AND HE TOLD ME AT THAT TIME THAT I
1888
1 WOULDN'T HAVE TO REMOVE MY MOTHER. THAT SHE WASN'T GOING TO
2 LIVE VERY LONG AND THEY WILL TAKE CARE OF HER, GIVE HER GOOD
3 CARE TILL SHE DIED.
4 Q. AND IT'S TRUE --
5 A. I WAS CONFUSED ON THE DATES.
6 Q. SURE. AND IT'S TRUE, IS IT NOT, THAT -- THAT WHEN YOU
7 HAD THAT CONVERSATION WITH DR. WEITZEL AFTER CHRISTMAS YOU
8 WERE CONCERNED THAT YOU WOULDN'T HAVE TO RELOCATE YOUR MOM;
9 IS THAT RIGHT?
10 A. WELL, I WAS RELIEVED THAT I WOULD NOT HAVE TO.
11 Q. BECAUSE YOU WERE HAVING SOME DIFFICULTIES FINDING SOME
12 PLACES THAT WOULD TAKE HER; IS THAT RIGHT?
13 A. YES, I WAS. AND WHEN I TALKED WITH HIM AT THAT TIME AND
14 HE TOLD ME I WOULDN'T HAVE TO REMOVE MY MOTHER, THAT WAS A
15 GREAT RELIEF TO ME. I WAS VERY APPRECIATIVE OF IT.
16 Q. IN FACT, YOU TESTIFIED HERE SIMILAR TO WHAT YOU
17 TESTIFIED TO AT THE PRELIMINARY HEARING, THAT THE FACT THAT
18 HE TOLD YOU THAT YOU THOUGHT WAS KINDLY ON HIS PART?
19 A. I DID.
20 Q. NOW, YOU'VE TESTIFIED ABOUT, I GUESS, SOME LIVING WILL
21 AND A POWER OF ATTORNEY THAT YOU PROVIDED THE HOSPITAL?
22 A. YES.
23 Q. AND I DON'T KNOW WHETHER YOU HAVE IT UP THERE. MAY I
24 ASSIST THE WITNESS, YOUR HONOR?
25 THE COURT: YES.
1889
1 Q. (BY MR. STIRBA) WE HAVE SOME EXHIBIT BINDERS. LET ME
2 MAKE SURE WE HAVE THE RIGHT ONE. YES. THIS IS THE ONE I'M
3 GOING TO BE REFERRING TO. I'LL GET THIS SECTION. I'LL BE
4 REFERRING TO THESE SECTIONS HERE. THERE ARE LITTLE NUMBERS
5 DOWN THERE AT THE BOTTOM. WHEN I REFER TO THAT YOU CAN JUST
6 FOLLOW ALONG WITH ME.
7 A. OKAY.
8 Q. WE'RE GOING TO NEED THIS, JOHN.
9 WE HAVE, MR. LARSEN, FOR YOUR INFORMATION WE WERE ABLE
10 TO DISPLAY THE DOCUMENT THAT YOU HAVE IN FRONT OF YOU ON
11 THIS BIG SCREEN. YOU CAN LOOK AT EITHER PLACE, WHICHEVER IS
12 EASIER FOR YOU. BUT I WANT TO DIRECT YOUR ATTENTION TO THE
13 FIRST DOCUMENT WHICH AT THE BOTTOM IS MEDS. 000597. DO YOU
14 SEE THAT?
15 A. YEAH.
16 Q. AND AT THE TOP IT HAS MEDICAL TREATMENT PLAN AND THEN IT
17 HAS DR. GREGORY STEVENS AT THE TOP. DO YOU SEE THAT?
18 A. UH-HUH.
19 Q. AND DR. STEVENS IS THE GENTLEMAN THAT WAS TREATING YOUR
20 MOM FROM ABOUT FEBRUARY OF 1995 UNTIL SHE WAS ADMITTED TO
21 THE DAVIS HOSPITAL; IS THAT RIGHT?
22 A. HE WAS THE DOCTOR OF RECORD.
23 Q. AND THIS IS THE DOCTOR THAT YOU KNEW IN SOME OTHER
24 RELATIONSHIP AS WELL; IS THAT RIGHT?
25 A. YES. HIS FATHER-IN-LAW WAS A LIFELONG FRIEND OF MINE.
1890
1 Q. NOW, THIS --
2 A. HIS FATHER-IN-LAW WAS, THAT WAS CORRECT.
3 Q. NOW, THIS -- IF I CAN MOVE IT UP ON THE SCREEN. WE HAVE
4 THE ATTENDING PHYSICIAN SIGNATURE AND THEN WE HAVE A DATE
5 THAT SAYS SEPTEMBER 19TH OF 1985?
6 A. UH-HUH.
7 Q. IS THAT A MISTAKE AND SHOULD THAT HAVE BEEN 1995?
8 A. YEAH. I'M SURE.
9 Q. OKAY.
10 A. YEAH.
11 Q. AND THEN WE HAVE THE FOLLOWING CARE AND TREATMENT OR
12 WITHHOLDING OF TREATMENT AS DIRECTED WITH RESPECT TO THE
13 DECLARANT, AND THAT WOULD BE YOUR MOTHER. AND THEN YOU
14 HAVE -- IT'S WRITTEN IN HERE, NO C.P.R., NO I.V, NUTRITION,
15 HYDRATION, MEDICATION, NO FEEDING TUBES, NO MECHANICAL
16 RESPIRATORS, NO ASSISTANCE, NO ELECTRIC SHOCK FOR
17 DEFIBRILLATION, TREATMENT FOR CANCER. OXYGEN AND ORAL
18 MEDICATION MAY BE GIVEN FOR RELIEF OF PAIN AND FOR COMFORT.
19 AND THEN HE HAS -- AND IS THAT YOUR SIGNATURE WHERE IT SAYS
20 SIGNATURE OF THE DECLARANT?
21 A. IT IS.
22 Q. AND SO WOULD YOU HAVE SIGNED THIS DOCUMENT ON OR ABOUT
23 SEPTEMBER 19, 1995?
24 A. THAT I THINK WAS WHEN DR. STEVENS REQUESTED IT.
25 Q. AND THEN IF YOU WOULD, MR. LARSEN, TURN TO ANOTHER PAGE.
1891
1 THERE'S GOING TO BE A M.E.D. DOWN AT THE RIGHT-HAND COLUMN,
2 M.E.D. 00599.
3 A. OKAY.
4 Q. NOW, THIS -- DO YOU HAVE THAT, SIR?
5 A. I DO.
6 Q. OKAY. THIS IS YOUR MOTHER'S LIVING WILL; IS THAT RIGHT?
7 A. THAT'S RIGHT.
8 Q. AND YOU TESTIFIED PREVIOUSLY THAT THE DATE HERE IS THE
9 25TH OF MAY OF 1995 AND YOUR MOTHER'S NAME JUDITH LARSEN.
10 AND IF I MOVE THIS UP, THERE'S AN INDICATION, "WHEN MY
11 CONDITION IS CERTIFIED TO BE TERMINAL AS IN PARAGRAPH TWO, I
12 REQUEST THAT SUSTENANCE, MEANING NUTRITION AND HYDRATION AND
13 RESPIRATION, BE TERMINATED OR WITHHELD. MEDICATION TO
14 RELIEVE PAIN MAY BE OFTEN GIVEN IF OBVIOUSLY NEEDED." AND
15 IT LOOKS LIKE THAT'S YOUR MOM'S SIGNATURE; IS THAT RIGHT?
16 A. THAT'S RIGHT.
17 Q. AND THIS IS DATED THE 25TH OF MAY OF '95, DATED BEFORE
18 THE OTHER ONE THAT I JUST SHOWED YOU; IS THAT CORRECT?
19 A. YES. THAT'S A CORRECT DATE.
20 Q. AND THEN ONE OTHER DOCUMENT. IF YOU COULD FLIP ANOTHER
21 PAGE, MR. LARSEN, TO M.E.D. 0601.
22 A. I HAVE IT.
23 Q. AND THAT'S A SPECIAL DOCUMENT AND SAYS AT THE TOP
24 SPECIAL POWER OF ATTORNEY. ONCE AGAIN, YOUR MOTHER'S NAME
25 JUDITH P. LARSEN. AND THEN SHE APPOINTS YOU, MERLIN N. AND
1892
1 SHE INDICATES CERTAIN POWERS THERE UNDER UTAH LAW. AND THEN
2 DOWN AT THE BOTTOM THAT'S HER SIGNATURE, IS IT NOT?
3 A. IT IS.
4 Q. AND THIS PARTICULAR DOCUMENT IS NOT DATED, BUT IF YOU'LL
5 FLIP TO THE NEXT PAGE IN THE BINDER THERE IS A SECOND PAGE
6 OF THE DOCUMENT AND IT'S NOTARIZED AND WE HAVE THE DATE
7 MAY 25 OF 1995; IS THAT CORRECT?
8 A. MAY 25?
9 Q. YEAH.
10 A. I BEG YOUR PARDON. I WAS LOOKING AT THE EXPIRATION DATE
11 OF THE NOTARY.
12 Q. THE NOTARY EXPIRES, BUT IT APPEARS THAT ON THE 25TH DAY
13 OF MAY PERSONALLY APPEARED YOUR MOTHER?
14 A. MUST HAVE BEEN THE BACK OF THE SAME FORM.
15 Q. SO I'M READING THAT THAT CORRECTLY APPEARS THAT THAT WAS
16 THE POWER OF ATTORNEY SIGNED BY YOUR MOTHER ON THE 25TH OF
17 MAY OF 1995, TRUE?
18 A. THAT'S RIGHT.
19 Q. NOW, YOU TESTIFIED ON DIRECT ABOUT SOME OF THE EVENTS OF
20 1995. AND I WANT TO SPECIFICALLY DIRECT YOUR ATTENTION TO
21 AFTER THE STROKE IN JANUARY, AND AFTER THE TIME THAT YOUR
22 MOTHER WAS AT ONE OF THE CARE CENTERS. IT'S TRUE, IS IT
23 NOT, THAT IN AUGUST THERE WAS ANOTHER STROKE EVENT; IS THAT
24 RIGHT?
25 A. WELL, I THINK I TESTIFIED TO THAT, YES.
1893
1 Q. AND IT'S TRUE, IS IT NOT, THAT THAT REQUIRED A
2 HOSPITALIZATION AT THE COTTONWOOD HOSPITAL?
3 A. THAT'S RIGHT.
4 Q. AND AS YOU TESTIFIED, I GUESS THE DOC WHO WAS TAKING
5 CARE OF YOUR MOM AT THAT POINT WAS DR. PEARCE; IS THAT
6 RIGHT?
7 A. IT WAS.
8 Q. WERE YOU AWARE AT THAT TIME THAT YOUR MOM ALMOST PASSED
9 AWAY?
10 A. NO.
11 Q. DO YOU RECALL HAVING ANY CONVERSATIONS AT THAT TIME WITH
12 DR. PEARCE ABOUT WHAT SHOULD HAPPEN IN TERMS OF HER CARE IN
13 THE EVENT SHE WAS NEAR DEATH OR WAS APPROACHING DEATH?
14 A. NO. THEY HAD A COPY OF THESE DOCUMENTS THERE AND I
15 SUPPOSE I EXPECTED THAT THEY WOULD ABIDE BY HER INSTRUCTIONS
16 TO THEM. I DON'T RECALL A CONVERSATION LIKE THAT WITH
17 DR. PEARCE.
18 Q. IN AN EXHIBIT WHICH IS THE RECORDS FROM THE HOSPITAL FOR
19 THAT PARTICULAR TIME WHEN YOUR MOTHER WAS HOSPITALIZED,
20 DR. PEARCE WRITES IN HIS DISCHARGE SUMMARY, HE WRITES UNDER
21 PLAN: "IN DISCUSSION WITH THE FAMILY, IT IS DECIDED THAT
22 THE LAST SIX MONTHS OF HER LIFE HAVE BEEN VERY POOR QUALITY.
23 IN FACT, NO QUALITY AT ALL WITH POOR RECOGNITION OF PEOPLE.
24 NO CONVERSATION, NO DECISION MAKING." THE OPTION AT THE
25 TIME OF DISCHARGE WAS TO PLACE A FEEDING TUBE, PERIPHERAL
1894
1 NUTRITION OR N.G. TUBE, AND THE FAMILY FEELS THAT THIS WOULD
2 BE AGGRESSIVE AND INAPPROPRIATE. THEY ALSO WANTED NO
3 TREATMENT OF INFECTION SUCH AS URINARY INFECTIONS,
4 PULMONARY, ET CETERA.
5 DO YOU REMEMBER -- I'VE READ THAT TO YOU. DOES THAT
6 REFRESH YOUR RECOLLECTION AS TO WHETHER OR NOT YOU HAD SUCH
7 A CONVERSATION WITH DR. PEARCE?
8 A. I'M SURE I REFERRED TO HIM THE FACTS THAT SHE HAD
9 SPECIFIED HERSELF. THAT WAS HER WISH, THAT HER LIFE NOT
10 BE -- NO HEROIC MEASURES BE MADE TO PROLONG HER LIFE. AND
11 THAT'S WRITTEN IN THIS MEDICAL RECORD THAT DR. STEVENS
12 REQUESTED. SHE SIGNED IT. IT WAS HER WISH. SO IF THERE
13 WAS A CONVERSATION IT WOULD HAVE BEEN WITH REFERENCE TO HER
14 EXPRESSED WISHES.
15 Q. AFTER THE HOSPITALIZATION IN AUGUST AT THE COTTONWOOD
16 HOSPITAL, THEN YOUR MOM WENT TO THE HOLLADAY CARE CENTER; IS
17 THAT RIGHT? AND DR. PEARCE IN HIS -- THE SAME DISCHARGE
18 SUMMARY HE STATES IN TERMS OF DISPOSITION, HE STATES, SHE
19 WILL BE TRANSFERRED TO A NURSING HOME FOR TERMINAL CARE.
20 A. THAT MAY HAVE BEEN HIS OPINION.
21 Q. OKAY. DO YOU REMEMBER A DISCUSSION WITH HIM OR DR.
22 STEVENS ABOUT THE TIME PERIOD AFTER THE AUGUST
23 HOSPITALIZATION WHERE YOUR MOTHER WOULD GO TO THE HOLLADAY
24 CARE CENTER FOR TERMINAL CARE?
25 A. I QUESTIONED THE TERM TERMINAL CARE BECAUSE THE PEOPLE
1895
1 AT THE HOLLADAY CARE CENTER WHO RECOMMENDED THAT WE PUT MY
2 MOTHER IN THIS GEROPSYCHIATRIC UNIT KNEW THAT THEY DO NOT
3 ACCEPT TERMINAL PATIENTS IN THAT UNIT. SHE WAS NOT SENT
4 THERE FOR TERMINAL CARE. SHE WAS SENT THERE FOR POSSIBLE
5 PSYCHIATRIC IMPROVEMENT, BEHAVIOR IMPROVEMENT. THERE WAS NO
6 MENTION OF TERMINAL CARE.
7 Q. AND I'M REFERRING TO THE HOLLADAY CARE CENTER ITSELF.
8 DO YOU REMEMBER WHETHER SHE WAS EVER SENT THERE FOR PURPOSES
9 OF TERMINAL CARE?
10 A. I DIDN'T VIEW IT THAT WAY. THAT'S TERMINAL WHEN YOU ARE
11 93 YEARS OLD AND SICK. THAT'S TERMINAL. MIGHT BE A MATTER
12 OF A MONTH, MIGHT BE A YEAR.
13 Q. WHEN SHE WENT TO THE DAVIS HOSPITAL, DO YOU REMEMBER,
14 WERE THERE TIMES WHEN YOU TALKED TO THE NURSING STAFF ABOUT
15 WHAT SHOULD HAPPEN IN THE EVENT YOUR MOTHER WAS NEAR DEATH
16 OR DYING IN TERMS OF MEDICAL PROCEDURES THAT WOULD BE
17 PROVIDED OR WOULDN'T BE PROVIDED?
18 A. YOU MEAN WITH PERSONNEL AT THE MEMORIAL HOSPITAL?
19 Q. AT THE DAVIS HOSPITAL?
20 A. I NEVER HAD ANY DISCUSSION THAT I RECALL. THAT'S WHY I
21 WAS SO RELIEVED BY DR. WEITZEL GIVING PERMISSION TO LEAVE
22 HER THERE. IT WAS APPARENT THAT SHE WAS TERMINAL AT THAT
23 TIME. SHE WAS NOT TERMINAL WHEN SHE WENT IN THERE.
24 Q. AND THE TIME YOU ARE REFERRING TO IS THE TIME OF YOUR
25 CONVERSATION AFTER CHRISTMAS?
1896
1 A. THAT'S RIGHT.
2 Q. WITH DR. WEITZEL?
3 A. THAT'S RIGHT.
4 Q. I'M GOING TO READ YOU JUST AN ENTRY AND I'LL -- YOU CAN
5 FOLLOW ALONG WITH ME TO SEE IF THIS WOULD REFRESH YOUR
6 RECOLLECTION ON WHAT I ASKED YOU ABOUT A CONVERSATION. I'LL
7 GET A M.E.D. NUMBER FOR YOU. MAY I ASSIST THE WITNESS, YOUR
8 HONOR?
9 THE COURT: YES, GO AHEAD.
10 Q. (BY MR. STIRBA) WHAT I'VE SHOWED YOU, MR. LARSEN, IS A
11 NURSE'S NOTE WHICH IS DATED AT THE TOP DECEMBER 11 OF 1995.
12 AND IT SAYS AT THE TOP 1930 HOURS. IT SAYS, "PATIENT'S
13 FAMILY MEMBER CALLED AND REQUESTED INFORMATION ON PATIENT
14 STATUS. FAMILY CONFIRMED TO NOT WANT I.V. FEEDING TUBES
15 EITHER AS PER LIVING WILL." DOES THAT REFRESH YOUR
16 RECOLLECTION ON A CONVERSATION LIKE THAT WITH SOMEBODY FROM
17 THE NURSING STAFF?
18 A. I DON'T KNOW. IF I WAS THE ONE, IF I'M THE FAMILY
19 MEMBER, I WOULD HAVE SAID THAT. I WOULD HAVE REFERRED THEM
20 TO HER EXPRESSED WISHES.
21 Q. LET ME ALSO DIRECT YOU IN THE RIGHT SECTION. IF YOU
22 COULD TURN, MR. LARSEN, TO THE NUMBER -- IT'S DOWN AT THE
23 RIGHT-HAND, LOWER RIGHT-HAND, MED 00577.
24 A. OKAY.
25 Q. NOW, IF YOU LOOK AT THE ENTRY IN THE MIDDLE, IT'S 2100
1897
1 HOURS. AND IT SAYS, "CALLED SON. GAVE HIM STATUS REPORT ON
2 PATIENT'S CONDITION. SON," AND THEN THERE'S PARENTHESES
3 MARLIN, "STRESSED THAT 'ONLY WISHED TO KEEP HER
4 COMFORTABLE.'" DID I READ THAT CORRECTLY?
5 A. THAT'S CORRECT.
6 Q. AND THAT, IF I LOOK AT THE TOP, WAS CHARTED ON 12/30 OF
7 1995?
8 A. UH-HUH.
9 Q. DO YOU HAVE A RECOLLECTION OF ANY SUCH CONVERSATION LIKE
10 THAT ON THAT DATE?
11 A. THAT'S WHAT I WOULD HAVE SAID IF I HAD SUCH A
12 CONVERSATION.
13 Q. AND THAT WAS -- THAT WAS GOING TO BE MY NEXT QUESTION.
14 AS OF THAT TIME, WHAT I'VE JUST READ, IS THAT CONSISTENT
15 WITH YOUR WISHES AT THAT TIME?
16 A. THAT WAS HER WISHES TOO, YES, IT WAS.
17 MR. STIRBA: MAY I APPROACH, YOUR HONOR?
18 THE COURT: YES.
19 Q. (BY MR. STIRBA) I'M GOING TO HAND YOU, MR. LARSEN, AN
20 EXHIBIT. IT'S THE D -- PROPOSED D-27.
21 A. UH-HUH.
22 Q. AND I'LL ASK YOU IF YOU CAN IDENTIFY THAT?
23 A. OH, YES.
24 Q. AND GENERALLY THAT IS A COMMUNICATION THAT YOU DIRECTED
25 TO DR. WEITZEL; IS THAT RIGHT?
1898
1 A. THAT'S RIGHT.
2 MR. STIRBA: WE'D OFFER D-27.
3 MR. WILSON: NO OBJECTION, YOUR HONOR.
4 THE COURT: OKAY. IT'S RECEIVED.
5 Q. (BY MR. STIRBA) AND THE FIRST PART OF THAT JUST IS THE
6 ENVELOPE. AND IT'S DIRECTED TO DR. ROBERT WEITZEL. AND
7 IT'S HARD TO SEE ON THIS MACHINE, BUT I THINK IT'S POST
8 MARKED THE 18TH OR THE 10TH OF JANUARY; IS THAT RIGHT?
9 A. THAT WOULD BE RIGHT. IT LOOKS LIKE THE 10TH HERE MOST
10 LIKELY -- NO, IT'S THE 18TH OF JANUARY.
11 Q. YOU THINK IT'S THE 18TH?
12 A. I DO.
13 Q. OKAY. AND THEN IN THE CARD YOU STATE, "DR. WEITZEL, WE
14 ARE GRATEFUL FOR YOU AND THE STAFF AT THE GEROPSYCHIATRIC
15 UNIT FOR THE KINDNESS AND SPLENDID CARE YOU GAVE OUR MOTHER
16 DURING THE FINAL FOUR WEEKS OF HER LIFE. AND YOU WERE ALL
17 VERY CONSIDERATE OF ALL OF US WHO VISITED HER OFTEN AT
18 IRREGULAR TIMES. THANK YOU FOR MAKING IT UNNECESSARY TO
19 MOVE HER DURING THE LAST FEW DAYS. IT WAS VERY KIND OF YOU.
20 WE WISH ALL OF YOU SUCCESS AND HAPPINESS IN YOUR
21 PROFESSIONAL AND PERSONAL LIVES." AND THAT'S WHAT YOU WROTE
22 AT THAT TIME TO DR. WEITZEL?
23 A. THAT'S RIGHT.
24 Q. AND THEN OVER UNDER THE PORTION OF THE CARD TO THE RIGHT
25 IT STATES, FROM THE FAMILY OF JUDITH VIOLA LARSEN. AND THEN
1899
1 YOU INDICATE SEVEN CHILDREN, 27 GRANDCHILDREN, 82 GREAT
2 GRANDCHILDREN AND 19 GREAT-GREAT GRANDCHILDREN. AND YOU
3 WROTE THAT AS WELL; IS THAT RIGHT?
4 A. THAT'S MY WRITING.
5 MR. STIRBA: THAT'S ALL I HAVE, YOUR HONOR.
6 THE COURT: ANYTHING FURTHER, MR. WILSON?
7 MR. WILSON: JUST A COUPLE OF QUESTIONS, YOUR
8 HONOR.
9 REDIRECT EXAMINATION
10 BY MR. WILSON:
11 Q. DURING THE TIME PERIOD THAT YOUR MOTHER WAS BEING CARED
12 FOR AT THE GEROPSYCH UNIT, DID YOU EVER SEE DR. WEITZEL
13 ADMINISTER ANY CARE PERSONALLY HIMSELF?
14 A. NO.
15 Q. I THINK YOU PREVIOUSLY TESTIFIED TO THE FACT THAT YOU
16 FELT THE NURSES TOOK VERY GOOD CARE OF HER?
17 A. THEY WERE VERY PROFICIENT, I THOUGHT.
18 Q. THE PLAINTIFF -- DEFENDANT'S EXHIBIT D-27, THE THANK YOU
19 NOTE, WAS THAT AN EXPRESSION TO THE NURSES AS WELL AS TO DR.
20 WEITZEL?
21 A. IT WAS.
22 Q. OKAY. I WANT YOU TO TURN, IF YOU WOULD, TO M.E.D. 00599
23 WHICH IS THE LIVING WILL. CAN YOU TURN TO THAT PARTICULAR
24 EXHIBIT?
25 A. YEAH.
1900
1 Q. FIRST OF ALL, THAT IS DATED MAY 25 OF '95 -- EXCUSE ME.
2 DID YOU FIND IT THERE?
3 A. YES, I HAVE IT.
4 Q. THAT BEARS THE DATE OF MAY 25, 1995?
5 A. YES.
6 Q. NOW, AS WE LOOK DOWN INTO THAT EXHIBIT THERE'S SOME
7 HANDWRITING IN PARAGRAPH FOUR. CAN YOU TELL US WHOSE
8 HANDWRITING THAT IS?
9 A. THAT'S MINE.
10 Q. DID YOU HAVE ANY INSTRUCTIONS OR DIRECTIONS AS TO WHAT
11 TO WRITE IN THAT PARTICULAR PARAGRAPH?
12 A. I DON'T RECALL ANYONE INSTRUCTING ME, BUT I HAVE SEEN
13 SIMILAR DOCUMENTS.
14 Q. SO THIS DOCUMENT -- THAT PORTION OF THE DOCUMENT, THEN,
15 WAS PREPARED BY YOU?
16 A. MY MOTHER TOLD ME WHAT SHE WANTED AND DIDN'T WANT. AND
17 I WROTE IT IN THOSE WORDS.
18 Q. READ, IF YOU WILL, THE FIRST PART OF THAT HANDWRITTEN
19 SECTION, THE FIRST SENTENCE.
20 A. THAT I WROTE?
21 Q. YES, THAT YOU WROTE.
22 A. "IF MY CONDITION IS CERTIFIED TO BE TERMINAL AS IN
23 PARAGRAPH TWO, I REQUEST THAT SUSTENANCE, MEANING NUTRITION
24 HYDRATION, AND RESPIRATION, BE TERMINATED OR WITHHELD.
25 MEDICATION TO RELIEVE PAIN MAY BE GIVEN IF OBVIOUSLY
1901
1 NEEDED."
2 Q. OKAY. NOW, WOULD YOU -- WAS IT -- WAS IT YOUR MOTHER'S
3 INTENT TO HAVE ALL PROVISIONS OF THAT WILL HONORED, TO YOUR
4 KNOWLEDGE?
5 A. WELL, MY MOTHER WASN'T IN THE BEST MENTAL CONDITION.
6 SHE HAD HAD A STROKE IN JANUARY. THIS IS IN MAY. WHAT MY
7 MOTHER EXPRESSED IS SHE DIDN'T WANT TO BE HOOKED UP TO A
8 BUNCH OF WIRES AND TUBES.
9 Q. I WANT YOU TO REFER TO PARAGRAPH TWO, IF YOU WOULD,
10 BECAUSE THAT'S REFERENCED IN THIS HANDWRITING SECTION.
11 WOULD YOU READ PARAGRAPH TWO FOR US, IF YOU WOULD, PLEASE?
12 A. "I DECLARE THAT IF AT ANY TIME I SHOULD HAVE AN INJURY,
13 DISEASE OR ILLNESS WHICH IS CERTIFIED IN WRITING TO BE A
14 TERMINAL CONDITION, OR A PERSISTENT VEGETATIVE STATE, BY TWO
15 PHYSICIANS WHO HAVE PERSONALLY EXAMINED ME AND IN THE
16 OPINION OF THOSE PHYSICIANS THE APPLICATION OF LIFE
17 SUSTAINING PROCEDURES WOULD SERVE ONLY TO UNNATURALLY
18 PROLONG THE MOMENT OF MY DEATH, AND UNNATURALLY POSTPONE OR
19 PROLONG THE DYING PROCESS, I DIRECT THAT THESE PROCEDURES BE
20 WITHHELD OR WITHDRAWN AND MY DEATH BE PERMITTED TO OCCUR
21 NATURALLY."
22 MR. WILSON: THANK YOU. NO FURTHER QUESTIONS, YOUR
23 HONOR.
24 MS. BARLOW: YOUR HONOR, MAY I JUST -- WE DISCUSSED
25 ONE OTHER MATTER.
1902
1 MR. WILSON: EXCUSE ME, YOUR HONOR. I DO HAVE
2 ANOTHER QUESTION. MAY I HAVE JUST A MINUTE?
3 THE COURT: YES.
4 MR. WILSON: I HAVE NO FURTHER QUESTIONS.
5 RECROSS-EXAMINATION
6 BY MR. STIRBA:
7 Q. MR. LARSEN, YOU JUST SAID YOUR MOTHER DIDN'T WANT TO BE
8 HOOKED UP TO A BUNCH OF WIRES AND TUBES?
9 A. THAT'S RIGHT.
10 Q. AND THEN THIS MEDICAL TREATMENT PLAN WHICH I SHOWED YOU
11 BEFORE, IF YOU WANT TO LOOK AT IT AGAIN, IT'S M.E.D. 597.
12 AND THAT'S THE ONE THAT'S DATED SEPTEMBER 19, AND WE NOW
13 UNDERSTAND THAT IT SHOULD HAVE BEEN 1995 INSTEAD OF 1985,
14 CORRECT?
15 A. THAT'S RIGHT.
16 Q. AND THAT'S THE ACTUAL DOCUMENT THAT IS AFTER THE MAY 25
17 DOCUMENT WHICH COUNSEL JUST SHOWED YOU; IS THAT RIGHT?
18 A. YES.
19 Q. AND HERE YOU DIRECT CERTAIN CARE AND TREATMENT AND YOU
20 ARE ATTEMPTING, IN DOING THAT, TO DIRECT WHAT YOU THOUGHT
21 YOUR MOTHER WOULD HAVE WANTED; IS THAT RIGHT?
22 A. THAT'S RIGHT.
23 Q. AND THEN THAT DOCUMENT IS SIGNED BY YOU; IS THAT RIGHT?
24 A. YES.
25 Q. AND IN THIS PARTICULAR DOCUMENT THERE'S NO SUCH THING AS
1903
1 CERTIFICATION THAT YOU READ IN THE PREVIOUS DOCUMENT; IS
2 THAT RIGHT?
3 A. I HAVEN'T READ IT IN THIS DOCUMENT. I DON'T SEE ANY.
4 Q. OKAY. THANK YOU, MR. LARSEN.
5 A. JUST REFERENCE TO ONE DOCTOR.
6 Q. PARDON ME?
7 A. JUST REFERRING TO DR. STEVENS.
8 MR. STIRBA: RIGHT. OKAY. THANK YOU, MR. LARSEN.
9 THE COURT: ANYTHING FURTHER, MR. WILSON?
10 MR. WILSON: I HAVE NOTHING FURTHER AT THIS TIME.
11 MAY THIS WITNESS BE EXCUSED?
12 MR. STIRBA: YES.