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Carney-Hayes v. Northwest Wisconsin Home Care7/12/2005
f her nose, mouth and trach. And at that time I reached for her brachial pulse and did not feel one. I reached for carotid pulse and did not feel one. Took her bag, dumped it out, grabbed the ambu bag, took the vent off. I threw the circuit, put the ambu bag on her trach, started ventilating her. Then I need to back up. Before----before----when I started bagging her, at that time I called----I hollered for somebody to call 911. And the teacher was there by me. I had her hold onto the ambu bag and told her to squeeze it together until it met in the middle and release it so she could exhale, and do that rather fast. Unhooked her from the seat belt, straightened out her legs and we----there was somebody else there. And between the two of us, we slid her to the floor. I asked if anybody knew C.P.R. and somebody came up and started doing compressions and I was doing the bagging . . .
Q: In your opinion, did Amanda have a mucous plug on April 7th of 1999?
A: In my opinion on that day I do not know what happened.
Q: Can a mucous plug cause the trach to become obstructed?
A: It can.
Q: Can a mucous plug cause someone who is ventilator dependent to lose the ability to breathe?
A: If the trach was obstructed, yes.
Q: When you saw the secretions coming out of her mouth and her nose, as one of the things did you consider the fact that she might have an obstruction of her trachea at that point?
A: It didn't matter at that point. It was an emergency situation.
Q: The question is a little different, though, whether it mattered or not. The question is, did you consider it? . . .
A: No.
In addition, plaintiff's counsel asked and received answers to questions about Avery's school coursework, her clinical experience, and her on-the-job training at Northwest. Defense counsel did not object to any of these questions. Despite these questions and answers, plaintiff's counsel claimed at the motion hearing that "Defendants in this case refused to allow Kathy Avery to express any opinions regarding her own decisions in handling the cardiopulmonary arrest event of a ventilator-dependent child."
Defense counsel did object to the following question:
Q: I have a number of questions that I want to ask you, Kathy, regarding the standard of care of what it is that a registered nurse would do in treating Amanda Carney-Hayes, okay?
Carney-Hayes brought the first motion to compel in response to defense objections to questions related to the standard of care.
Plaintiff's counsel took Verbracken's deposition on February 13, 2003. Verbracken created Northwest's "plan of care" for Carney-Hayes. Plaintiff's counsel asked about Verbracken's education, her training, the medical treatises she used, the process of creating the plan of care, and a detailed examination of the plan of care. Verbracken answered many questions calling for an expert opinion regarding what she personally would have done when faced with a hypothetical situation similar to the one that Avery faced:
Q: . . . You tell me that you're familiar with what the procedures would be for initiating CPR on a trach dependent child. Could you tell us what the procedures would have been for Amanda Carney-Hayes back on April 7th, 1999?
A: That's hard to say because I wasn't there.
Q: Okay. And can you give us some sense of the types of decisions you would make in order to make decisions about what you would do for someone that needs CPR who is trach dependent?
A: Certainly.
Q: Okay. Tell us what that is.
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