Rebuttal - Michael Crookston, MD 

Doctors, see a grossly misleading statement by this "anesthesiologist">>

1                      MICHAEL CROOKSTON,
       2           CALLED BY THE PLAINTIFF, HAVING BEEN DULY
       3         SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
       4                      DIRECT EXAMINATION
       5   BY MR. WILSON:
       6    Q.  DR. CROOKSTON, WILL YOU STATE YOUR FULL NAME FOR THE
       7    RECORD, PLEASE.
       8    A.  MICHAEL JAMES CROOKSTON.
       9    Q.  AND, SIR, YOU'VE BEEN -- YOU'VE GIVEN PREVIOUS TESTIMONY
      10    IN THIS MATTER AND HAVE BEEN SWORN BEFORE AND ARE UNDER OATH
      11    AT THIS TIME.  YOU UNDERSTAND THAT?
      12    A.  YES.
      13    Q.  OKAY.  DR. CROOKSTON, I WOULD LIKE TO FIRST ASK YOU A
      14    FEW QUESTIONS AS RELATES TO THE MEDICATION DEPAKENE.  CAN
      15    YOU TELL US WHAT TYPE OF MEDICATION THAT IS?
      16    A.  DEPAKENE IS AN ANTICONVULSANT THAT'S USED FOR TREATMENT
      17    OF EPILEPSY.  IT'S ALSO USED IN THE TREATMENT OF MOOD
      18    DISORDERS, AS MOOD STABILIZERS.  IT CAN ALSO BE USED TO
      19    TREAT AGITATED OR AGGRESSIVE BEHAVIOR.
      20    Q.  NOW, YOU'RE CURRENTLY PRACTICING AS A PSYCHIATRIST; IS
      21    THAT CORRECT?
      22    A.  YES, I AM.
      23    Q.  DO YOU USE THAT PARTICULAR MEDICATION IN THAT PRACTICE?
      24             MR. STIRBA:  I'M GOING TO OBJECT.  IRRELEVANT, YOUR
      25    HONOR.


                                                                       4195



       1             THE COURT:  SUSTAINED.
       2    Q.  (BY MR. WILSON)  IN RESPECT TO THE MEDICATION, SIR, CAN
       3    YOU TELL US, ARE YOU FAMILIAR WITH THE TERM HALF LIFE?
       4    A.  YES, I AM.
       5    Q.  AND WHAT DOES THAT TERM MEAN?
       6    A.  HALF LIFE IS GENERALLY REFERRED TO AS THE AMOUNT OF TIME
       7    THAT IT TAKES FOR A DRUG TO GET OUT OF THE BLOOD SYSTEM BY
       8    HALF.  SO IT'S THE NUMBER OF HOURS FOR THE BLOOD LEVEL TO
       9    FALL BY 50 PERCENT.
      10    Q.  OKAY.  AND DID YOU REFERENCE ANY SOURCE MATERIAL IN
      11    RESPECT TO PREPARATION FOR THESE PROCEEDINGS HERE TODAY?
      12    A.  YES, I DID.
      13    Q.  CAN YOU TELL US WHAT SOURCE MATERIAL THAT WAS?
      14    A.  I REFERRED TO THE "PHYSICIANS DESK REFERENCE" FROM 1995.
      15    I ALSO REFERRED TO GOODWIN AND GILLMAN, WHICH IS A STANDARD
      16    TEXT ON PHARMACOLOGY.  I ALSO REFERRED TO SEVERAL
      17    PSYCHIATRIC TEXTS, INCLUDING THE "COMPREHENSIVE TEXTBOOK OF
      18    PSYCHIATRY" BY KATHLINE SADAR, A VERY STANDARD REFERENCE.
      19    Q.  DOES YOUR REVIEW OF THE MEDICAL LITERATURE PROVIDE YOU
      20    INFORMATION AS TO HALF LIFE?
      21    A.  YES.
      22    Q.  HAVE YOU ALSO HAD EXPERIENCE AS TO THE USE OF THIS DRUG?
      23    A.  YES, I HAVE.
      24             MR. STIRBA:  YOUR HONOR, I'M GOING TO OBJECT.  IT'S
      25    IRRELEVANT.


                                                                       4196



       1             THE COURT:  SUSTAINED.
       2             MR. WILSON:  I THINK IT GOES TO HIS TESTIMONY, YOUR
       3    HONOR.
       4             MR. STIRBA:  NO.  IT'S HALF LIFE.
       5             THE COURT:  THE HALF LIFE WAS THE QUESTION AND HOW
       6    IT RELATES TO --
       7             MR. WILSON:  I THINK IT RELATES TO HIS EXPERIENCE
       8    ALSO, YOUR HONOR.
       9             THE COURT:  OKAY.  I SUSTAINED THE OBJECTION.
      10    Q.  (BY MR. WILSON)  BASED UPON YOUR REVIEW, DOCTOR, CAN
      11    YOU TELL US, DO YOU HAVE AN OPINION AS TO WHAT THE HALF LIFE
      12    OF THIS PARTICULAR MEDICATION IS?
      13    A.  OF DEPAKENE, THE PUBLISHED HALF LIFE VARIES FROM SIX TO
      14    16 HOURS OR SO, DEPENDING ON OTHER MEDICATIONS THAT A PERSON
      15    IS TAKING.  TYPICALLY AN EPILEPTIC PERSON, IF THEY WERE
      16    TAKING OTHER ANTICONVULSANT DRUGS THAT CAUSE THE LIVER TO
      17    METABOLIZE DRUGS FASTER, IT HAS A SHORTER HALF LIFE.  IN THE
      18    AVERAGE PERSON WHO'S TAKING ONLY DEPAKENE OR DEPAKOTE AS AN
      19    ANTI-CONVULSANT OR MOOD STABILIZER, THE HALF LIFE IS AT THE
      20    HIGHER END.  IT'S 16 HOURS OR SO.  AND WE KNOW THAT IN THE
      21    ELDERLY THAT HALF LIFE IS EXTENDED EVEN LONGER.
      22    Q.  CAN YOU TELL US, DOCTOR, HAVE YOU HAD OCCASION TO REVIEW
      23    MARY CRANE'S RECORDS?
      24    A.  YES, I HAVE.
      25    Q.  AND CALLING YOUR ATTENTION TO, I THINK IT WAS JANUARY 6,


                                                                       4197



       1    1996, CAN YOU TELL US WHETHER OR NOT SHE RECEIVED THE
       2    MEDICATION DEPAKENE DURING THAT TIME PERIOD?
       3    A.  YES.  ON JANUARY 6 SHE RECEIVED A TOTAL OF A THOUSAND
       4    MILLIGRAMS OF DEPAKENE.
       5    Q.  OKAY.  AND IN RESPECT TO THE FOLLOWING DAY, JANUARY THE
       6    7TH, DO YOU KNOW WHETHER OR NOT SHE WAS ADMINISTERED ANY OF
       7    THE DRUG DEPAKENE?
       8    A.  SHE WAS GIVEN ANOTHER DOSE AT EIGHT O'CLOCK IN THE
       9    MORNING ON THE 7TH.
      10    Q.  OKAY.  YOU'VE ALSO REVIEWED THE OTHER MEDICATIONS THAT
      11    WERE ADMINISTERED TO HER IN THIS SAME TIME FRAME; IS THAT
      12    CORRECT?
      13    A.  YES, SIR.
      14    Q.  BASED UPON YOUR REVIEW OF THE RECORDS WOULD YOU HAVE AN
      15    OPINION AS TO WHEN -- AS TO WHETHER OR NOT THE MEDICATION
      16    DEPAKENE WAS STILL IN HER SYSTEM AS OF THE TIME OF HER DEATH
      17    ON THE 7TH OF JANUARY?
      18    A.  I THINK IT MOST DEFINITELY WAS STILL PRESENT.
      19    Q.  ARE YOU FAMILIAR WITH THE MEDICATION OF SERZONE AND
      20    TRAZODONE?
      21    A.  YES, I AM.  THEY ARE COMMON PSYCHIATRIC MEDICATIONS.
      22    Q.  AND IN RESPECT TO THEIR USE AT CERTAIN TIMES OF THE DAY,
      23    DOES ONE MEDICATION HAVE MORE SEDATING EFFECT THAN THE OTHER
      24    MEDICATION?
      25    A.  TRAZODONE IS SOMEWHAT MORE SEDATING THAN SERZONE, BUT


                                                                       4198



       1    THEY ARE BOTH QUITE SEDATING.  AND THAT'S THE LIMITING SIDE
       2    EFFECT FREQUENTLY, HOW MUCH A PERSON CAN TAKE.  IT MAKES
       3    THEM TOO TIRED AND SLEEPY.
       4    Q.  IN RESPECT TO THE PRACTICE OF ADMINISTERING SERZONE
       5    DURING THE DAYTIME AND TRAZODONE AT NIGHT, CAN YOU COMMENT
       6    ON AND THAT PARTICULAR PRACTICE?
       7    A.  THEY ARE BOTH THE SAME TYPE OF DRUG FROM THE SAME
       8    CHEMICAL FAMILY.  THEY ARE BOTH ANTIDEPRESSANTS.  I KNOW OF
       9    NO GOOD PHARMACOLOGICAL REASON TO PRESCRIBE THEM IN
      10    COMBINATION THAT WAY.  AND IN GENERAL A PSYCHIATRIST WOULD
      11    CHOOSE ONE OR THE OTHER TO TREAT A PATIENT WITH.  MURDER!
      12    Q.  OKAY.  LET'S TALK A LITTLE BIT ABOUT THE MEDICATIONS
      13    RISPERDAL AND HALDOL.  CAN YOU TELL US, ARE THOSE DRUGS
      14    SIMILAR IN THE DESIRED EFFECTS?
      15    A.  YES.  THEY ARE BOTH ANTIPSYCHOTIC MEDICATIONS OR
      16    NEUROLEPTIC MEDICATIONS.  RISPERDAL IS CONSIDERED IN THE
      17    CLASS THAT'S CALLED ATYPICAL NEUROLEPTIC.  IT'S A NEWER
      18    MEDICATION THAN HALDOL.  BUT THEY ARE BOTH USED FOR THE SAME
      19    PURPOSE.
      20    Q.  AND WHAT IS THAT, SIR?
      21    A.  THE PRIMARY PURPOSE IS TO TREAT PSYCHOSES FROM
      22    HALLUCINATIONS OR BEING OUT OF TOUCH WITH REALITY OR HAVING
      23    DELUSIONAL OR FALSE BELIEFS THAT ARE INCONSISTENT WITH
      24    REALITY.
      25    Q.  CAN YOU TELL US, SIR, IS THERE A -- IS THERE MEDICAL


                                                                       4199



       1    LITERATURE THAT YOU'VE REVIEWED IN CONNECTION WITH THESE
       2    PROCEEDINGS AS TO THE -- IF YOU ARE GOING TO CHANGE FROM ONE
       3    DRUG TO THE OTHER, ANY CONVERSION RATE?
       4    A.  YES.  I REVIEWED THE RELATIVE POTENCY OF THESE DRUGS AS
       5    TO CONVERTING FROM ONE DRUG TO THE OTHER.  AND IN GENERAL
       6    RISPERDAL IS SLIGHTLY STRONGER THAN HALDOL, BUT NOT A LOT.
       7    AND SO IF YOU WERE GOING TO CHANGE FROM ONE MILLIGRAM OF
       8    RISPERDAL TO HALDOL, THE EQUIVALENT WOULD BE ONE-AND-A-THIRD
       9    TO ONE-AND-A-HALF MILLIGRAMS OF HALDOL.
      10    Q.  ONE-AND-A-THIRD TO ONE-AND-HALF GRAMS OF HALDOL?
      11    A.  MILLIGRAMS.
      12    Q.  MILLIGRAMS.  IN YOUR REVIEW OF THE CASES HERE, DID YOU
      13    SEE ANY CONVERSION FROM RISPERDAL TO HALDOL?
      14    A.  YES, I DID.
      15    Q.  CAN YOU BE SPECIFIC AS TO WHAT PATIENT THAT WAS OR WAS
      16    IT MORE THAN ONE PATIENT?
      17    A.  I BELIEVE IT WAS MORE THAN ONE PATIENT.  BUT I'LL --
      18    ENNIS ALLDREDGE IN PARTICULAR, THERE'S AN ORDER ON JANUARY
      19    10 THAT SAYS HALDOL, FIVE MILLIGRAMS INTRAMUSCULARLY, IN THE
      20    MORNING; AND FIVE P.M. AT BEDTIME TO BE GIVEN IF THE PATIENT
      21    REFUSES RISPERDAL.  THE RISPERDAL DOSE THAT WAS ORDERED WAS
      22    ONE MILLIGRAM.  AND SO INSTEAD OF CHANGING ONE MILLIGRAM OF
      23    RISPERDAL TO MAYBE ONE-AND-A-HALF OF HALDOL, FIVE MILLIGRAMS
      24    WERE ORDERED, WHICH WOULD BE AT LEAST THREE TIMES AS MUCH AS
      25    THE EQUIVALENT DOSE.   MURDER!


                                                                       4200



       1    Q.  DOCTOR, IN YOUR PROFESSION DO YOU MEET WITH FAMILIES OF
       2    INDIVIDUALS THAT YOU ARE TREATING?
       3    A.  FREQUENTLY.
       4    Q.  IN CONNECTION WITH THOSE FAMILY MEETINGS, DO YOU DISCUSS
       5    THE TREATMENT OF THE PATIENT?
       6    A.  YES.  WITH THE PATIENT'S PERMISSION OF COURSE.
       7    Q.  IN RESPECT TO THE APPROPRIATENESS OR INAPPROPRIATENESS
       8    OF INCREASING MEDICATIONS BASED UPON FAMILY DESIRES, IS THAT
       9    SOMETHING YOU DO IN YOUR PRACTICE?
      10    A.  I LISTEN TO THE FAMILY'S CONCERNS, BUT THE DECISION
      11    ABOUT MEDICATION HAS TO BE MADE ON A MEDICAL AND PSYCHIATRIC
      12    BASIS AND NOT JUST BECAUSE A FAMILY MEMBER IS REQUESTING IT.
      13    Q.  OKAY.  I WANT TO TALK A LITTLE BIT ABOUT GOING BACK
      14    TO -- YOU PREVIOUSLY TESTIFIED ABOUT THE ADMINISTRATION OF
      15    MORPHINE; IS THAT CORRECT?
      16    A.  YES.
      17    Q.  CAN YOU TELL US, SIR, BASED UPON YOUR REVIEW OF THE
      18    LITERATURE, AS TO THE -- WELL, FIRST OF ALL, DOES MORPHINE
      19    HAVE A PEAK EFFECT AFTER BEING ADMINISTERED?
      20    A.  THE PEAK EFFECT DEPENDS ON HOW THE MORPHINE IS
      21    ADMINISTERED.  WITH AN INTRAMUSCULAR INJECTION IT'S
      22    GENERALLY UNDERSTOOD THAT THE PEAK EFFECT OCCURS VERY
      23    RAPIDLY, LESS THAN A HALF HOUR.  HOWEVER, THE EFFECT
      24    CONTINUES FOR SEVERAL HOURS.  AND ITS EFFECT ON A PERSON'S
      25    BREATHING CAN LAST AT LEAST FOUR TO FIVE HOURS.  AND THESE


                                                                       4201



       1    NUMBERS THAT GET BROUGHT UP ARE ALL AVERAGES OF GENERALLY
       2    HEALTHY YOUNGER ADULTS.
       3             MR. STIRBA:  YOUR HONOR, COULD WE HAVE A QUESTION,
       4    PLEASE?
       5             THE COURT:  ASK ANOTHER QUESTION.
       6    Q.  (BY MR. WILSON)  IN RESPECT TO THE PEAK EFFECT, DOES
       7    AGE HAVE ANY RELEVANCE ON THE PEAK EFFECT?
       8    A.  AGE MAKES A PERSON MORE SENSITIVE TO THE EFFECTS WHICH
       9    WOULD OCCUR AT THE PEAK, MORE SUSCEPTIBLE TO SIDE EFFECTS.
      10    Q.  IS THERE ANY OTHER PHYSICAL FACTORS OF A PERSON'S BODY
      11    THAT WOULD HAVE AN IMPACT ON THE PEAK EFFECT?
      12    A.  YES.  IN THE CASE OF MORPHINE WHEN IT'S INJECTED INTO A
      13    MUSCLE, INTRAMUSCULAR, ITS ABSORPTION INTO THE BLOOD STREAM
      14    DEPENDS ON THE BLOOD FLOW TO THAT MUSCLE.  IF A PERSON IS
      15    COLD OR IF THEY HAVE LOW BLOOD PRESSURE, THAT PEAK EFFECT IS
      16    GOING TO BE DELAYED, AND IT CAN BE DELAYED SIGNIFICANTLY,
      17    UNTIL THE BLOOD FLOW IS ABLE TO CAUSE THE ABSORPTION FROM
      18    WHERE THE INJECTION WAS MADE.  SO THE PEAK EFFECT, RATHER
      19    THAN OCCURRING WITHIN A HALF HOUR, MIGHT OCCUR EVEN HOURS
      20    LATER.
      21    Q.  DID YOU REVIEW THE CASE OF ELLEN ANDERSON?
      22    A.  YES.
      23    Q.  CAN YOU TELL US WHETHER OR NOT YOU SEE ANYTHING IN THE
      24    RECORD RELATED TO HER AGE OR, I GUESS IT WOULD BE, BLOOD
      25    PRESSURE THAT YOU'VE JUST TESTIFIED TO; IS THAT CORRECT?


                                                                       4202



       1             MR. STIRBA:  I WOULD OBJECT, YOUR HONOR.  IT'S
       2    CUMULATIVE AND BEYOND THE SCOPE.  IT WASN'T IN THE PROFFER.
       3             THE COURT:  I'LL SUSTAIN THAT OBJECTION.
       4             MR. WILSON:  THANK YOU.  DOCTOR, I HAVE NO FURTHER
       5    QUESTIONS?
       6             THE COURT:  ANY CROSS-EXAMINATION?
       7             MR. STIRBA:  YES.
       8                       CROSS-EXAMINATION
       9    BY MR. STIRBA:
      10    Q.  DOCTOR, YOU JUST TESTIFIED, DID YOU NOT, THAT THE PEAK
      11    EFFECT IN AN I.M. INJECTION IS RAPID AND NORMALLY LESS THAN
      12    ONE HALF HOUR; IS THAT TRUE?
      13    A.  GENERALLY, YES.
      14    Q.  AND IT'S TRUE, IS IT NOT, THAT INDIVIDUAL MEDICATIONS
      15    AFFECT INDIVIDUALS DIFFERENTLY, CORRECT?
      16    A.  YES, SIR.
      17    Q.  SO IT'S TRUE, IS IT NOT, THAT THE PEAK EFFECT, AS YOU
      18    JUST TESTIFIED TO, COULD VARY DEPENDING UPON THE INDIVIDUAL,
      19    CORRECT?
      20    A.  YES, SIR.
      21    Q.  BUT YOU FEEL COMFORTABLE SAYING THAT IN AN I.M.
      22    INJECTION THE NORMAL PEAK EFFECT WOULD BE REACHED IN LESS
      23    THAN A HALF HOUR, TRUE?
      24    A.  YES.
      25    Q.  AND IT'S TRUE, IS IT NOT, THAT THE MAXIMUM RESPIRATORY


                                                                       4203



       1    DEPRESSANT IN AN INDIVIDUAL WOULD OCCUR AT THE PEAK?
       2    A.  THAT DEPENDS ON SEVERAL OTHER FACTORS INCLUDING THE
       3    PATIENT'S PHYSICAL STATUS AND INCLUDING OTHER MEDICATIONS
       4    THAT THEY ARE TAKING.  BUT IN GENERAL, YES, THE PEAK
       5    RESPIRATORY DEPRESSION WOULD OCCUR NEAR THE PEAK EFFECT OF
       6    THE DRUG.
       7    Q.  SURE.
       8    A.  AND THEN LAST FOR SEVERAL HOURS GENERALLY.

Peak effect lasts for several hours, "generally" - !!!

       9    Q.  NOW, DEPAKENE, YOU HAVE -- DID YOU LOOK AT THE GERIATRIC
      10    DOSAGE HANDBOOK FOR PURPOSES OF HALF LIFE?
      11    A.  NO, SIR.
      12    Q.  WOULD YOU AGREE THAT IF I READ TO YOU THAT IN THE
      13    GERIATRIC DOSAGE HANDBOOK THE HALF LIFE OF DEPAKENE IS EIGHT
      14    TO 17 HOURS AND THE ONLY CLARIFICATION OR QUALIFICATION THEY
      15    HAVE IS INCREASED HALF LIFE IN PATIENT WITH LIVER DISEASE,
      16    WOULD YOU AGREE WITH THAT STATEMENT?
      17    A.  NO, SIR.
      18             MR. STIRBA:  THAT'S ALL I HAVE.  THANK YOU.
      19             THE COURT:  ANY REDIRECT?
      20             MR. WILSON:  NO FURTHER REDIRECT.
      21             THE COURT:  MAY THIS WITNESS BE EXCUSED?
      22             MR. WILSON:  HE MAY.

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