IN THE CIRCUIT COURT OF MILWAUKEE COUNTY STATE OF WISCONSIN. Plaintiffs, Involuntary Plaintiff, Defendants. Deposition of DANNY GIBSON, R.N.

Transcription

1 Deposition of Danny Gibson, R.N. - May 20, IN THE CIRCUIT COURT OF MILWAUKEE COUNTY EMMA JACKSON, JOHN JACKSON, and STATE OF WISCONSIN Plaintiffs, KATHLEEN SEBELIUS, SECRETARY of the DEPT. OF HEALTH AND HUMAN SERVICES, Involuntary Plaintiff, vs. THE GRACE HOME, INC., GRACE LIVING SERVICES, INC., and PREMIER INSURANCE COMPANY, Defendants. Case No. 11-CV Deposition of DANNY GIBSON, R.N. Monday, May 20th, :06 a.m. at Centofanti Law, S.C North Port Washington Road, Suite.F Mequon, Wisconsin Reported by Sandra K. Nelson, RPR Ex Innovation -Expertise - Integrity GRAMANN REPORTING

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3 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 2 1 Deposition of DANNY GIBSON, R.N., a 2 witness in the above-entitled action, taken at 3 the instance of the Defendants, pursuant to 4 Chapter 804 of the Wisconsin Statutes, pursuant 5 to Notice, before Sandra K. Nelson, RPR and 6 Notary Public, State of Wisconsin, at Centofanti 7 Law, S.C., North Port Washington Road, 8 Suite F, Mequon, Wisconsin 53092, on the 20th day 9 of May, 2013 commencing at 10:06 a.m. and 10 concluding at 12:32 p.m A P P E ARANCE S: 15 CENTOFANTI LAW, S.C., by 16 Ms. Kelly L. Centofanti North Port Washington Road Suite F 17 Mequon, Wisconsin Appeared on behalf of Plaintiffs; SIESENNOP & SULLIVAN, by Mr. W. Patrick Sullivan North Jefferson Street Suite Milwaukee, Wisconsin Appeared on behalf of Defendants Deposition of DANNY GIBSON, R.N., 5/20/13 Page 4 1 REQUESTS ITEM REQUESTED PAG E 1. (By Mr. Sullivan) Copy of Danny Gibson s 37 deposition transcripts in Bochalt case 2. (By Mr. Sullivan) Name of computerized 45 charting method used in Salt Lake City 3. (By Mr. Sullivan list of 45 credits for last 2 years continuing ed. (Copies of Exhibits 1-15 and 17- attached to original transcript. Copies of Exhibits 1-15 and 17- attached to copies of transcripts. Copies of Exhibits -25 sent to Attorney Sullivan and Attorney Centofanti. Original Exhibits 1-15 and returned to Danny Gibson, R.N.) Deposition of DANNY GIBSON, R.N., 5/20/13 Page 3 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 5 E X A M I N A T I O N 1 2 BY MR. SULLIVAN: 5 3 EXHIBITS 4 EXHIBIT NO. PAGE IDENTIFIED 5 No. 1 5/17/12 letter to Danny Gibson from Atty. 86 Centofanti No. 2 6/17/12 letter from Atty. Centofanti 527 to Danny Gibson No. 3 2/4/13 letter from Atty. Centofanti to 53 8 Danny Gibson No. 4 Danny Gibson s invoices generated in case 9 9 No. 5 8/15/12 letter to Danny Gibson from 53 Attorney Centofanti (with disk) 10 No. 6 Notice of Deposition 6 No. 7 7/2/12 report No. 8 3/19/13 final report 11 No. 9 CV 7 12 No. 10 Consulting Fee Schedule 713 No. 11 Bio 7 No. 12 Care plan Snapshot - 11/25/ No. 13 Grace Home, Falls Prevention 21 Program 15 No. 14 Therapy Recommendations - 11/28/08 61 No. 15 Therapy Recommendations 2816 No. 16 (Not referenced) No.. 17 Snapshot care plan - 11/29/ No_ 18 RAP summary /25 and 11/26 74 No. 19 Event Report 9918 No. 20 Occupational therapy record for 99 11/25, 11/26, 11/28, and 12/1 19 No, 21 Physical therapy flow sheet for Ms. 100 Peters for 11/14, 11/15, 11/17, 11/18, 11/19, 20 11/20/08, and 11/21/08, 11/24/08, 11/25/08, 11/26/08, and 11/28/08 21 No. Resident Progress Notes - Elvira 101 Peters, 11/14/08-12/01/08 No. First set of medical records - Bates LH No. 24 Second set of medical records from 104 The Grace Home 24 No. 25 Alex Cole dep and discovery TRANSCRIPT OF PROCEEDINGS (Exhibits 1-12 were marked for identification.) DANNY GIBSON, R.N., called as a witness herein, having been first duly sworn on oath, was examined and testified as follows: EXAMINATION BY MR. SULLIVAN: Q. Good morning. A. Good morning. Q. Please state your name for the record. A. Danny Gibson, G-I-B-S-O-N. Q. Your date of birth, please? A. 8/3/47. Q. And, Danny -- is that okay? A. Or Nurse Gibson. Either. Q. Nurse Gibson, my name is Pat Sullivan. I represent The Grace home in this case. You probably know that already. I'm here to ask you some questions under oath. If at any time you don't understand something I ask, please tell me that you don't understand, and I will try to rephrase it and make a better question. Okay? A. Sounds fine. Gramann Reporting, Ltd. (1) Pages 2-5 Ex

4 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 6 1 Q. You've been deposed before, I take it? 2 A. I have. 3 Q. If you answer a question as phrased, we're all 4 going to assume that you understood it. That's 5 fair, right? 6 A. Fair. 7 Q. And again, wait until I'm finished asking the 8 question before you answer, and make audible 9 responses. 10 You have been retained by Attorney 11 Centofanti in this case; is that right? 12 A. Correct. 13 Q. You brought into the room a number of items, and 14 I just want to identify the first one at this 15 point that I want to talk about, and that's 16 Exhibit 6, and it's a copy of a Notice of 17 Deposition; is that right? 18 A. Yes. Q. And you received this from Attorney Centofanti 19 sometime within the last couple of weeks, right? 20 A. Correct. 21 Q. And on the second page, it asks you to bring a number of items into the deposition with you. Have you brought everything that's 24 requested there? 25 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 7 1 A. I have. 2 Q. All right. I'm missing the CV. Do you have a 3 copy of that? 4 A. I do have a CV. They were in here. 5 Q. I missed it. 6 A. CV, fee schedule, and a bio. 7 Q. I'm going to mark the CV as Exhibit No. 9. And 8 this is a current and up-to-date copy? 9 A. It is. 10 Q. Okay. And this is Exhibit 10, a Consulting Fee 11 Schedule. Are these fees current and up to date? 12 A. Yes. 13 Q. That's Exhibit 10, right? 14 A. Yes. 15 Q. Exhibit 11 is -- you called it a bio? 16 A. Correct. 17 Q. And when did you prepare this bio? 18 A. A few years ago. 19 Q. But it's pretty much up to date? 20 A. It is. 21 Q. So let's get back to -- you can look at any of the documents on the table. When were you first retained by Attorney Centofanti in this case? 24 A. On or around May 17th, I was contacted by 25 Attorney Centofanti asking me if I had the time Deposition of DANNY GIBSON, R.N., 5/20/13 Page 8 1 to look at this matter. 2 Q. SO just about a year ago? 3 A. Yes. 4 Q. And was that a telephone call or a letter 5 correspondence? 6 A. I believe it was a telephone call, a brief call, 7 and then this letter I received on May 17th, Dated May 17th. 9 Q. And we have marked that letter, May 17th, 2012, 10 as Exhibit 1, correct? 11 A. Yes. 12 Q. Exhibit 1 indicates, on page two, that you 13 received a copy of the Froedtert Hospital ED 14 records. 15 Did you ultimately receive the 16 entire Froedtert chart, or have you only reviewed 17 the ED record? 18 A. No. I received more than the ED records. I will 19 say these records are totally disorganized and 20 interrelated acute and skilled nursing. 21 So the Froedtert records are contained in this stack. Q. According to Exhibit 1, you received a retainer 24 check from Attorney Centofanti shortly after this 25 letter; is that right? Deposition of DANNY GIBSON, R.N., 5/20/13 Page A. Yes. Q. And your fee schedule talks about the retainer fee. How much is the retainer fee? A. $1500. Q. And that was the same then as it is now? A. Yes, it is. Q. And I'm going to put back the exhibits that I marked on the table, and perhaps you can find for us the invoices that you have generated so far for your work in the case. A. These are the invoices that I have prepared and generated in this case. Q. We've marked the grouping of three as Exhibit 4? A. Yes. Q. And can you tell me what the total amount of fees generated to date is? A. The retainer check was received for $1500; the July 3, 2012 invoice was for $1730; the March 20th, 2013 invoice was for $1710. Q. How much? A And the October 2, 2012 was $680. Q. And, obviously, you'll be charging for today's deposition as well? A. Yes, I'll be charging you for my time testifying, and I'll be charging Ms. Centofanti for my prep Ex

5 Page 10 1 time and travel time. 2 Q. Have you broken that down yet? How much is the 3 prep time for the deposition? 4 A. I haven't broken it down exactly. 5 Q. How much is it approximately? 6 A. Approximately, six hours. 7 Q. And what would the hourly rate be? 8 A Q. And the fee for the deposition -- the hourly fee 10 is what? 11 A Q. Have you formulated opinions in this case to a 13 reasonable degree of nursing certainty about 14 whether or not the nurses at The Grace Home 15 met the standard of care in their care and 16 treatment of Emma Jackson? 17 A. I have. 18 Q. And have you satisfied yourself that you have all 19 of the documentation necessary for you to reach 20 those opinions? 21 A. Yes, sir. Q. Have you asked for anything from Attorney Centofanti, any information whatsoever, that you 24 have not yet received? 25 A. No, I have not. 1 Deposition of DANNY GIBSON, R.N., Page 12 1 documentation that three new opinions germinated 2 in your mind? 3 A. Con - ect. 4 Q. Let's list those three opinions. What is the 5 first additional opinion? 6 A. The first additional opinion is I have not been 7 able to locate -- and I did ask Ms. Centofanti if 8 she had the documents for the staff signatures 9 and identification of the care providers who took 10 care of Miss Jackson at the Grace facility. 11 Q. Which providers specifically are you curious 12 about? 13 A. Well, I want to know the providers and the 14 disciplines of the CNAs and LPNs and the register 15 nurses that were in charge of her care. 16 Because the documents don't relate 17 to me who exactly were her nurses in charge of 18 her care planning and her assessments, so I was 19 looking for that staff documentation 20 identification sheet. 21 Q. I take it there are some initials in some documents that would assist you -- or that you would be assisted in interpreting if you had that 24 specific sheet with the names? 25 A. Correct. Deposition of DANNY GIBSON, R.N., 5/20/13 Page 11 1 Q. All right. The reports that you've generated in 2 this case, do you have those? 3 A. Yes, I do. 4 Q. And we've marked those as Exhibits 8 and 9? 5 A. I believe it's 7 and 8. 6 Q. Thank you. And what are the dates on the two? 7 A. The initial report is dated July 2, That's 8 Exhibit 7. And the final report is March 19th, Q. That's Exhibit 8? 11 A. Exhibit Q. And have you listed in Exhibits 7 and 8 all of 13 the opinions that you have formulated in this 14 case to date? 15 A. There are a couple of additional opinions, which 16 I will -- I'm prepared to dialogue with you today 17 about. 18 Q. How many additional? 19 A. Three. 20 Q. And, first of all, when in time did you formulate 21 the additional opinions, when after March 19 of 2013? A. In the last couple of weeks going through these 24 documents. 25 Q. So it was upon a second review of some of the Deposition of DANNY GIBSON, R.N., 5/20/13 Page 13 1 Q. Can you point to any specific initial that you're 2 curious about? 3 A. Yes. On document Q. Just for the record -- we'll just have to do this 5 once -- when you say 0553, we're talking about 6 Bates Nos. TLH and then it's followed by four 7 digits, right? 8 A. Correct. 9 Q. Which number is this, zero A Q. Thank you. 12 A. There are symbols or -- I don't know if they're 13 initials -- and I'm curious as to what this is. 14 Interestingly and concernedly, the 15 director of nurses, Alex Cole, who was the 16 nurse manager at the time of Ms. Jackson s, 17 admission had no idea what those symbols were. 18 Q. I'm looking at Perhaps I can look at your 19 copy, which I'm going to mark as Exhibit 12, and 20 you have color highlighting and handwritten notes 21 on it, correct? A. Mm-halm. Q. First of all, there's some blue highlighting and 24 yellow. Is there a difference? 25 A. When I review it the second and third time, it's Tip t:ri Gramann Reporting, Ltd. (3) Pages Ex

6 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 14 1 just whatever pen I have. 2 Q. Okay. So blue isn't any more or less important 3 than yellow? 4 A. Not really. s Q. Okay. And I take it -- did you call it a symbol? 6 A. I don't know if it's a symbol or initials. 7 Because I look at these other 8 documents and they have the discipline of nursing 9 and they have the CNA, and then they have some I don't know if these are initials or symbols, 11 and that's why I was looking for the staff 12 identification document that would tell me who 13 these people are. And it's generally found in 14 the medical records. 15 Q. So the people we're talking about is FRC A. And DT and RT and SS. I don't know if that's 17 social services -- I don't know who those people 18 are. 19 I was trying to correlate who 20 exactly was the charge nurse or the licensed 21 nurses who were in charge of her care, and I couldn't do that. Q. Did you look at the punch detail reports and the 24 time splits for who worked on what shift on that 25 unit? Deposition of DANNY GIBSON, R.N., 5/20/13 Page 16 1 from an elective total hip for rehab. 2 Q. What do they call it? What is its designation? 3 Is it 2 West? Is it 4 North? What is it? 4 A. I don't recall. 5 Q. DO you 'MOW? 6 A. I believe I knew, but I just don't recall what 7 they called it other than the rehab unit. 8 Actually, it's 3 East. 9 Q. Okay. Good. So we do know the identity of one 10 CNA specifically, right? 11 A. Yes. 12 Q. And who is that? 13 A. Jamie Kraft. 14 Q. And you read her deposition? 15 A. I did. 16 Q. Is there any question in your mind that Jamie Kraft was the CNA who was with Emma 18 Jackson on the day of her fall, 12/1/08? 19 A. There's no question in my mind, no. 20 Q. Is there any question in your mind about who the 21 nurse was that responded to that fall initially? A. I know one of the nurses who responded was the nurse manager, Alex Cole. I don't know any 24 other nurse who responded. 25 Q. All right. Is there anything about the way the Deposition of DANNY GIBSON, R.N., 5/20/13 Page 15 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 17 1 A. I didn't study those, no. 2 Q. Why not? That would tell you who did the care 3 for Emma on that floor, wouldn't it? 4 A. That might help me. 5 MS. CENTOFANTI: Is that in the record? 6 MR. SULLIVAN: Sure. 7 BY MR. SULLIVAN: 8 Q. Why didn't you do that if you were so curious 9 about who these initials belong to? 10 A. That would be a laborious task, to go through the 11 punch detail, to go through a shift when it's 12 typically, commonly a generated form of the 13 caregivers and their initials and their 14 disciplines. 15 Q. Okay. So the additional opinion is that there's 16 no staff identification sheet; is that the 17 opinion? 18 A. Correct. And that's concerning to me, because I 19 couldn't identify the care providers for certain 20 shifts. 21 Q. Again, without looking at the punch detail or the time slip? A. Yes. 24 Q. What unit was she on? 25 A. The rehab unit. She was there post-operatively 1 nurses responded that you're critical of in this 2 case? 3 A. No, I'm not. 4 Q. So, really, it's not relevant, the names of the 5 other nurses who responded to that room, true? 6 A. Who responded? I'll agree with you. 7 More of my concern was before her 8 fall, during several of her days prior to the 9 fall, who were the nurses and what were they 10 doing for her. 11 Q. You read the nursing progress notes? 12 A. I have. 13 Q. Do they identify the nurses that are working at 14 various times, specific times? 15 A. For the entries -- for the Medicare-required 16 documentation, yes. 17 Q. Are there entries other than the required 18 Medicare entries in the nursing progress notes? 19 A. Yes. 20 Q. All right. Have you made an effort to go through 21 shift by shift to determine who the nurses were who were working 3 East on any particular day at any given time? 24 A. No. 25 Q. You could do that with the progress notes, yes? Pages (4) Gramann Reporting, Ltd. i-st-rim-e. Ex

7 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 18 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 20 1 A. Yes. I could have taken on that laborious task, 2 I could have. 3 Q. If it's that important to you and you're getting 4 paid to do it, why wouldn't you do that rather 5 than sit here and be critical of the fact that a 6 single sheet of paper with initials and names on 7 isn't in the file? 8 A. I believe that should be in the file. 9 Q. Great. My question is, why didn't you follow up and do what you could do to determine the answer 11 to the question that you have? 12 A. Well, I did read the nursing progress notes, and 13 I can assure you that the nurses who entered the 14 data -- I can read their names -- and so I didn't 15 do a comprehensive data sheet with their names 16 and shifts. 17 Q. You've reviewed the MDSs, right? 18 A. Yes. 19 Q. The identities of the nurses who were involved 20 and the therapists who were involved, speech, OT, 21 PT, social work, RNs, LPNs, those are clearly identified, correct? A. Sometimes not clearly, but their signatures are 24 there. 25 Q. Did you send a letter, pick up a phone and call 1 following their own policy and procedure, 2 following standard nursing practice, did they do 3 it, did they investigate, did they speak to the 4 CNA, Jamie Kraft, and did they learn from 5 it, what are they going to change so that this 6 doesn't happen again? 7 Q. By the way, was there a state investigation of 8 this case? 9 A. Not that I'm aware of. 10 Q. You said you'd like to determine in part whether the facility followed its own -- I think you said 12 policy? 13 A. Correct. 14 Q. And what are you referring to, please? 15 A. I'm referring to Lutheran Home and Health Care 16 Services' falls prevention program approved by 17 Jo Parker, R.N., D.O.N. And the policy is, I 18 guess, Q. May I? Thank you. Okay. It looks like it was 20 previously marked at Alex Cole s deposition 21 back in November, and it's Grace Home, Falls Prevention Program. And you have some yellow 24 highlighting on this. I'm going to mark it as Deposition of DANNY GIBSON, R.N., 5/20/13 Page 19 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 21 1 Attorney Centofanti and say, "Whose initial is 2 this on such and such a date?" 3 A. No, I did not, other than asking her what is this 4 symbol and who is this. 5 Q. FRC, right? 6 A. Yes. 7 Q. Okay. That's the first new opinion. What's the 8 second opinion since March 13 of 2013? 9 A. I have not been able to locate a fall 10 investigation report. And per The Grace Home 11 policy and procedure, after a fall an 12 investigation is required to be completed and 13 documented. 14 And that's standard practice in 15 every facility that I worked at or reviewed 16 records from. The nurse manager at the time, who 17 is now the DON, Alex Cole, makes reference in 18 her deposition to a fall investigation, and she 19 says, "I think it should be here, but I can't 20 locate it." 21 So did they do it -- I asked -- and where is it. Q. Okay. And what would you hope to learn as part 24 of that fall investigation report? 25 A. Well, I would hope to learn if the facility is 1 (Exhibit 13 was marked for 2 identification.) 3 BY MR. SULLIVAN: 4 Q. (Cont.) So you highlighted in yellow some stuff. 5 Why don't you tell me what you've highlighted and 6 why you highlighted it? 7 A. Sure. I highlighted what's important to me, and 8 part of my knowledge and my experience is that 9 all residents will be assessed for their fall 10 potential upon admission and quarterly and with 11 each change in condition. 12 And, of course, you will know, 13 Mr. Sullivan, that that's one of my initial 14 originating opinions, that there is no fall 15 assessment done for Miss Jackson on her admission 16 to The Grace Home, which I find well, well, 17 below the standard of care. 18 Back to this policy. 19 Interventions for each criteria will be 20 identified and included on the care plan, and 21 from the care plan it goes to the care card. Appropriate interventions include devices, low beds, bowel and bladder program, etc. 24 Then I have highlighted: "A 25 licensed nurse will assess the resident for Gramann Reporting, Ltd. (5) Pages Ex

8 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 1 injury after the fall before the resident is 2 transferred from the area of the incident. The 3 events assessment will be completed in Matrix." 4 Now, Matrix -- I understand well, 5 that is the computer system for this facility. 6 And an investigation -- next I have highlighted: 7 "An investigation will be initiated for all falls 8 resulting in hospitalization." 9 And we know that Miss Jackson had a 10 fractured hip and a fractured pelvis and 11 certainly went to the hospital and was operated 12 on. And then daily the interdisciplinary team 13 will review falls during the morning report. 14 "The purpose of this review is to assure that all 15 appropriate interventions are being utilized to 16 prevent resident falls." 17 So those are my highlighting on 18 this document. 19 Q. Okay. First of all, Ms. Jackson had one fall at 20 The Grace Home, correct? 21 A. Yes. On 12/1/08. Q. 12/1/08? A. Yes. 24 Q. So you mentioned that Matrix, and you said, 25 quote, "I'm well familiar or I understand it Deposition of DANNY GIBSON, R.N., 5/20/13 Page 24 1 staff. 2 Q. Is it your opinion in this case that Matrix was 3 manipulated by The Grace Home? 4 A. Well, I have concerns, Mr. Sullivan, that the 5 care plans for Miss Jackson s admission had the 6 wrong date. 7 Q. Right. 8 A. They don't have the date of her admission for 9 11/ Q. They all reference the 12/9/10 admission, right? 11 A. I find that very concerning. Her admission was 12 11/14 for rehabilitation, and these Matrix 13 documents list her 12/9 admission. 14 And when I first reviewed this 15 matter, I called Attorney Centofanti, and I said, 16 "I don't have all the records. Where are the 17 care plans? Where are the records for her 11/14 18 admission?" And she sent me a whole 'nother 19 stack of documents. 2 0 I still could not find the 21 original admission care plans for her 11/14/08 admission. Q. Meaning, that the subsequent records contain care 24 plans referencing the 11/14/08 admission, but in 25 the upper-left corner it says, admit date Deposition of DANNY GIBSON, R.N., 5/20/13 1 well." 2 Where does your understanding of 3 Matrix come from? 4 A. Matrix is the system, the computer system, that's 5 utilized by this facility. 6 Q. Have you ever used it? 7 A. I have not used it personally. I have reviewed 8 cases where Matrix is the computer system in the 9 facility. 10 Q. Sure. You've looked at records and they have 11 Matrix on the bottom-left corner, but you've 12 never used it yourself? 13 A. The facilities that I worked at, we never used 14 Matrix. 15 Q. You never sat down behind a computer with a 16 Matrix program and entered data or looked up data 17 on that program, true? 18 A. Correct. 19 Q. You have no idea how the entries change over time 2o in the Matrix system automatically, do you? 21 A. Well, I do have some understanding. Q. Tell me. A. I do have understanding. 24 Q. Tell me. 25 A. That the Matrix system can be manipulated by Page Deposition DANNY GIBSON, R.N., 5/20/13 Page /9/10, true? A. They contain snapshots, but they have the wrong admission date. Q. So it's your opinion -- is that an opinion you hold to a reasonable degree of nursing certainty that anyone -- or someone at The Grace Home manipulated Matrix? A. Well, it's an opinion of mine that the DON and the nurse manager at that time really doesn't understand the Matrix. Q. That's not my question. Listen carefully. Do you have an opinion to a reasonable degree of nursing certainty that any person at The Grace Home manipulated the Matrix system relative to this record? MS. CENTOFANTI: Objection. I think the word "manipulated" might be a little vague. MR. SULLIVAN: I'm using her word, Kelly. MS. CENTOFANTI: Right. But I still think it's vague no matter whose word it is. Manipulated may have a negative connotation of evil intent or it might just mean making entries. THE WITNESS: I'm suspicious that these records are not reflective of the correct 'ages - 25 (6) Gramann Reporting, Ltd. Ex

9 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 26 1 information. 2 So I'm suspicious whether they 3 don't know how to use the system or whether they 4 went in and changed things or let things evolve. 5 I don't understand how they could not have the 6 right admission date on the care plan. So it's 7 concerning to me. 8 BY MR. SULLIVAN: 9 Q. Sure. You don't know, for example, if every time 10 a resident comes back to the nursing home after a 11 hospital visit that the Matrix system 12 automatically enters that admission date in the 13 snapshots, you don't know if that's the case? 14 A. I don't know. 15 Q. And that would explain the admission dates that 16 you're referring to, right? 17 A. Well, I'm not sure it would explain it. Because 18 if the patient is coming back and being 19 re-admitted -- the care plans from her original 20 admission. Say she never fell and got hurt and 21 came back. She was there. Where are the documents from the 11/14 admission? Where are those? 24 So say she never left. So where 25 are the 11/14 admission documents care plans? I Deposition of DANNY GIBSON, R.N., 5/20/13 Page 28 1 THE WITNESS: Let me start again. It's 2 my understanding on 11/28/08, Emma Jackson was 3 reviewed by physical therapy, T. Craig, and she 4 could transfer, ambulate independent with wheeled 5 walker in room during the day. 6 She was to ambulate with wheeled 7 walker with one stand-by supervision to dining 8 room for meals. And the physical therapist 9 instructed the nursing staff to remove the 10 wheelchair from the patient's room. 11 BY MR. SULLIVAN: 12 Q. Okay. And that's what was done on 12/1/08, 13 correct? 14 A. No, I don't agree. 15 Q. We'll come to that. I'm going to mark this as 16 Exhibit No (Exhibit 15 was marked for 18 identification.) 19 BY MR. SULLIVAN: 20 Q. And No. 15 is the Rehab Services, Inc. document 21 with therapy recommendations from 11/25 and 11/28/08, true? A. Yes. Let me point out, on the 11/25 document, 24 the recommendations are by the physical therapy 25 assistant, not the licensed professional physical Deposition of DANNY GIBSON, R.N., 5/20/13 Page 27 1 don't have them. 2 Q. You do have the snapshots that show care plans 3 for the first admission, right? 4 A. But they're snapshots from -- that are generated 5 from her second admission. 6 Q. But the dates on the snapshots begin 11/14 and go 7 through 11/28/2010, true? 8 A. On the snapshots for the problem. 9 Q. Right. Is it your opinion that the information 10 in the snapshot documents, snapshot care plans, 11 that the information relative to her ambulation 12 and transfer status is inaccurate for, let's say, 13 11/28/2010? 14 A. I will say I'm concerned that while it -- it's 15 confusing, it's disorganized, it's 16 inconsistent -- the documentation. 17 So I don't know if it's accurate 18 or inaccurate. 19 Q. Okay. What do you believe, on 11/28/2010, was 20 Emma Jackson s ambulation and transfer status? 21 A. On 11/28/10 it's my understanding from reviewing -- MS. CENTOFANTI: That's ' MR. SULLIVAN: I'm sorry. I said ' I meant '08. Thank you. Deposition of DANNY GIBSON, R.N., 5/20/13 Page 29 1 therapist. 2 Q. And on 11/28 the recommendations are from Taylor 3 Craig, the licensed professional therapist? 4 A. Correct. 5 Q. Okay. What is the role of a physical therapy 6 recommendation in designing the resident's care 7 plan? And let's be specific to ambulation and 8 transfer. 9 A. Sure. And this -- I'll incorporate my third new criticism in this answer. It's my understanding from practicing for over 30 years that the interdisciplinary team reviews, assesses the patient and formulates a treatment plan with the disciplines of nursing, social services, physical therapy, occupational therapy, nutrition, activities, etc., and they formulate a care plan. Now one of my criticisms is, I still can't find -- and I've asked Attorney Centofanti if she could ask -- where is the care plan conference document? I do not see any care plan -- care conference where the disciplines met and dialogued about how she's doing, what progress she's making. And on the snapshots it says, "Last care conference, NA." So that means like Gramann Reporting, Ltd. (7) Pages Ex

10 . Deposition of DANNY GIBSON, R.N., 5/20/13 Page 30 not applicable. And next care conference, NA, 2 means not applicable. It's standard practice to 3 do a care conference. 4 Q. I went through all of your records, and if I have 5 to go back and find it, I will, but you did tab a 6 note that said the daughter was invited to the 7 care conference and declined to attend. 8 Do you recall that? 9 A. I recall that. 10 Q. When was that care conference? 11 A. I believe -- I believe that care conference was 12 after, when the family needed to -- her time was 13 running out, and they needed to dialogue about 14 where she's going to go. 15 Q. Do you know if there was a care conference 16 scheduled between 11/14/09 and 12/1/08? A 17 A. Well, that's exactly my question. I have no 18 record of a care conference. 19 Q. So the answer is, no, you don't know? There's no 20 record? 21 A. I don't know; I don't have any record. And it's concerning me. Q. So what is your third opinion -- new opinion 24 specifically? 25 A. That I don't have a recordation of any care plan Deposition of DANNY GIBSON, R.N., 5/20/13 Page 32 A. 6. Wait a minute. No. It's 9. 2 Q. When did you work at that particular facility? 3 A. Well, I worked there August 2003 to February And then prior to that, I've worked in 5 nursing homes in California where -- 6 Q. Let's just focus on the Woodland, the one in 7 Utah. Where is that on your CV? 8 A. Second one. 9 Q. Here it is. So Woodland Park Care Center, Salt 10 Lake City, Utah, you were a staff nurse and you 11 did Medicare charting like we've seen in this 12 case? 13 A. I did Medicare assessments, did Medicare 14 charting, I led the team, I did relief charge 15 nurse, I passed medications, I did treatments, I 16 was in charge of the team and the CNAs. 17 Q. And what kind -- is that a SNF, the Woodland Park le Care Center? 19 A. It's a huge SNF with rehab. 20 Q. And you said you had experience prior to that in 21 nursing homes. Where was that? A. Way down in the bottom CV, for many years I worked for Registries where I took assignments in 24 skilled nursing facilities, subacute rehab. 25 Q. So that was 1978 to 1992, the Orange County Deposition of DANNY GIBSON, R.N., 5/20/13 Page 31 1 conference for Emma Jackson with the 2 interdisciplinary team to determine her progress, 3 determine any problems, how is she doing, and is 4 physical therapy and nursing on the same page, 5 are they on the same assessment. 6 Q. When in time should that care conference have 7 occurred? 8 A. Well, it -- 9 Q. The first care conference? 10 A. It should occur during her initial few days of 11 the stay, and then typically -- typically they do 12 them every week unless there's a change in 13 condition or a reason for them to meet more 14 frequently. 15 Q. It's your experience that care conferences are 16 held weekly? 17 A. In an acute rehab situation where it's short 18 term, where the patient is coming in here to get 19 strong and get moving and get home, yes. 20 Q. Where have you worked where that was the case in 21 terms of an acute care -- subacute care rehab facility? A. Woodland Park Care Center in Salt Lake City. 24 Q. And when -- if you want to go to your CV, what is 25 your -- what exhibit is that? Deposition of DANNY GIBSON, R.N., 5/20/13 Page 33 Nursing Registries. Is that a temporary staffing? A. They're staffing agencies where you do PRN work. And I did that, in addition to being on staff at South Coast Medical Center, where I was basically an intensive care nurse, but I did float to their subacute unit when I had to. Q. So for Orange County Nursing Registries, the temporary staffing agencies, sometimes you were assigned in nursing homes, sometimes you were in hospital ICUs or CCUs, telemetry, med/surg, orthopedic, neuro, trauma, psych units, etc., right? A. Correct. Q. Give me an approximate percentage of how it broke down in terms of your assignments at skilled nursing facilities during that 14 years? A. 25, 30 percent to sub-acutes and to nursing homes. Q. So between 1992 and 2003, you didn't have any SNF experience? A. Well, no. Q. I mean as an employee of a SNF or as a temp who went to sniffs. A. During 1978 to 1999, I worked at South Coast 'ages (8) Gramann Reporting, Ltd. Ex

11 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 34 1 Medical Center, and as I said my primary 2 assignment was intensive care, coronary care; 3 however, I did float to the SNF transitional care 4 unit. 5 And then I worked at Charter where 6 we had a unit for geriatric patients, but it was 7 a geri-psych, so it was like a geri-psych SNF 8 unit. And I worked at Charter from '91 to '99, 9 end of ' Q. So let's take all of Danny Gibson s nursing 11 experience and put it in a box. 12 What percentage of all of that 13 experience would you say was involved with the 14 care -- hands-on care and treatment of geriatric 15 patients? 16 A. Hands-on care of geriatric patients in all of the 17 units and all of the specialties? 18 Q. Yeah. What percentage of all of your time was 19 that? 20 MS. CENTOFANTI: Her whole career, you 21 mean? MR. SULLIVAN: Yes. Since THE WITNESS: Since I've never been a 24 pediatric nurse and I've never been an OB nurse, 25 except for the couple times I had to float there, Deposition of DANNY GIBSON, R.N., 5/20/13 Page 36 1 Q. How about occasions in Wisconsin, have you ever 2 been retained by an attorney in Wisconsin before 3 the two with Martin and the one with 4 Miss Centofanti? 5 A. Not before Paul Martin, but I have done work for 6 Carlson & Lane. 7 Q. Which attorney over there? 8 A. Pat Lane. 9 Q. And anyone else in Wisconsin? 10 A. No. 11 Q. These are notorious plaintiffs' lawyers in 12 Wisconsin. Have you ever done a defense case in 13 Wisconsin retained by the defendant? 14 A. I'm waiting for you. No, I have not. Not yet. 15 Q. Well done. That never hurts. So we've got 16 Martin, Lane and Miss Centofanti, and no 17 defense cases. 18 A. In Wisconsin. 19 Q. In Wisconsin. Did you give depositions for the 20 cases involving Mr. Martin and Mr. Lane? 21 A. You know, I don't remember Martin. I don't remember. Q. How about Lane? 24 A. Yes. 25 Q. It sounds like the Lane case was more recent Deposition of DANNY GIBSON, R.N., 5/20/13 Page 35 1 the majority of my whole career has been adults 2 and geriatric patients. 3 BY MR. SULLIVAN: 4 Q. Okay. I'm an adult. I don't consider myself 5 quite geriatric, but my question goes to 6 geriatric. What percentage? 7 A. 60 to 70 percent. South Coast Medical Center is 8 in Laguna Beach, and it's a very heavily 9 geriatric age group patients. 10 So most of our patients in the 11 units were, believe me, geriatric patients, if 12 you want to say over Q. I prefer to say over 75, but A. I do too. 15 Q. If you know, how did Attorney Centofanti find you 16 in this case, if you know? 17 A. I don't know. I think Martin & Young. I've 18 done work for them, and she might have gotten my 19 name from them. But I don't know. 20 Q. Which of those two gentleman have you done work 21 for, Tim Young or Paul Martin? A. Paul Martin. Q. And how many times have you done work for Paul 24 Martin? 25 A A couple Deposition of DANNY GIBSON, R.N., 5/20/13 Page 37 1 than the Martin cases? 2 A. Correct. 3 Q. When in time was the case you were retained by 4 Mr. Lane? 5 A. Well, retained within the last year or two and 6 deposition within the last six months times two. 7 Q. You were deposed twice? 8 A. Correct. 9 MS. CENTOFANTI: Don't get any ideas. 10 MR. SULLIVAN: Off the record. 11 (A discussion was held off the record.) 12 BY MR. SULLIVAN: 13 Q. So you have a copy of that deposition? 14 A. One I might. One the case is gone, and it 15 settled after my he deposition, and I don't keep 16 anything. 17 Q. You think you might have the first or the second 18 of the transcripts? 19 A. If it came to me. I'd have to look. 20 Q. Okay. I'd ask you to do that when and if you 21 find it. If and when you find it, please send it to Attorney Centofanti. Who was the defense lawyer in that 24 case? Who took your deposition twice? 25 A. I don't know if it was the same lawyer twice. I.1: I Gramann Reporting, Ltd. (9) Pages Ex

12 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 38 i don't remember. 2 Q. What was the name of the case? 3 A. One was Berry. 4 Q. B E RRY? 5 A. B-E-R-R... 6 Q....Y-? 7 A. Something like that. 8 Q. Was Berry the plaintiff? Must have been a 9 plaintiff 10 A. Yes. 11 Q. So that was the client you were representing? 12 A. Correct. 13 Q. And was that, if you know, Milwaukee County 14 Circuit Court? 15 A. Oh, I don't know. 16 Q. Do you recall Berry s first name? 17 A. No. le Q. Do you have any records -- other than a potential 19 deposition transcript, do you have any records to z o further identify that case other than you gave a 21 deposition twice and it was someone named Berry? You must have some correspondence 24 from Mr. Lane. Some records? Financial? 25 A. I don't keep everything. I sent everything to Deposition of DANNY GIBSON, R.N., 5/20/13 Page 40 1 A. Yes. 2 Q. And you've been doing this as a legal nurse 3 consultant since when? 4 A. Since Q. Am I right, since 1989, which is 14 years ago -- 6 or is that 24 years ago? 7 A Q. Thank you. In 24 years you had 10 to 12 new 9 cases a year, approximately? 10 A. Well, in the first few years it was a lot less, 11 and there were some years where I was working way 12 too much and probably had 20 cases. 13 I'm going to give you a general 14 estimate. I may have had 14 cases come in in , '12. As I said, they don't come and go in 16 the same year. 17 MS. CENTOFANTI: Are you counting only 18 ones you keep and work on, or are you counting 19 ones that you might reject? 20 THE WITNESS: That's a great question, 21 actually. I'm counting the ones that I keep. Of the ones I can't support the position of the defense attorney or I can't 24 support the position of the plaintiff attorney, 25 the nurses did nothing wrong and I tell them, I Deposition of DANNY GIBSON, R.N., 5/20/13 Page 39 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 41 1 the shredding company. I don't keep anything. 2 Q. You were deposed six months ago, but other than 3 the last name of Barry, you can't give me any 4 other information about that case sitting here? 5 A. You know, I don't remember what it was about. 6 Sorry. 7 Q. That was going to be my next question. What were 8 the facts of the case? Was it a fall case? 9 A. It was probably over six months ago, and I cannot to recall. Li Q. How many eases do you legal consulting cases L2 do you have pending right now open? L3 A. About 12. _4 Q. And in the year 2012, was that about the same.5 number of cases you had going?.6 A. Maybe more..7 Q. I don't want to play dice the salami here, but.8 can you give me an upward limit of how many cases.9 you had last year?!o A. Sometimes they go many years.!1 Q. Let's talk about new cases in Can you give!2 me an idea of how many new cases you've got in?!3 A. I'll estimate 10, 12.!4 Q. Okay. Has that been pretty much comparable year 15 by year for you, new cases 10 or 12 a year? 1 don't count that. 2 BY MR. SULLIVAN: 3 Q. Has it always been the case that you get a 4 retainer up front and you review the case and 5 then let the attorney know? 6 A. Typically, defense attorneys who represent 7 insurance companies, I don't request a retainer. I seem to always get paid. It takes a long time, 9 but I always get paid. 10 Plaintiff attorneys -- it has been ii my general practice, my policy in my office, 12 always to ask for a retainer. If you get burned 13 once or twice, you learn. And generally, I've 14 had a great practice over the years, and my 15 plaintiff and defense attorneys respect my work, 16 and I've never had a problem. 17 Q. The case you worked on for Pat Lane -- you said 18 that case settled? 19 A. Yes. 20 Q. Didn't go to trial? 21 A. Correct. Q. And how about either of the cases -- or however many it was for Paul Martin, did any of those go 24 to trial? 25 A. No. ages (10) Gramann Reporting, Ltd. Min-U-Scripi0 Ex

13 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 42 1 Q. Sitting here, do you recall the names of any of 2 the plaintiffs in those cases? 3 A. No. Martin was a few years ago. No, I don't. 4 Q. And same question about defense attorneys. Do 5 you remember their names? 6 A. No. 7 Q. We're a forgettable group as a whole? 8 A. No. I have great defense attorneys as clients, 9 and I do actually more defense work. So, no, io you're not forgettable. 11 Q. That was my next question. What is the 12 percentage of work you've done since 1989 for the 13 defense in cases like this? 14 A. Of course it varies, depending what cases I 15 decide to accept. 16 Generally, my practice has been a 17 little heavier on the defense side. Right now I 18 would say it's about 55 percent defense. 19 Sometimes in the past years it's been 60, percent defense. So it just depends and varies. 21 Right now it's about 55 percent defense. Q. On your CV, the Selected Presentations, you gave a presentation December 2009 called 24 "Understanding Medical Records Systems"? 25 A. Correct. Deposition of DANNY GIBSON, R.N., 5/20/13 Page when I presented to the Department of U.S. 2 Attorneys in Columbia, "What Does the Nursing 3 Expert Witness Expect From the Retaining 4 Attorney?" I believe Nikki Grey was the 5 contact. 6 Q. Grey -- is that with a "G"? 7 A. G-R-E-Y. 8 Q. Is Grey a lawyer? 9 A. Yes. 10 Q. At the U.S. Attorney's Office? A. At the Department -- the National Advocacy 12 Center, which is the Department of Justice 13 Lawyers Training Center in Columbia, South 14 Carolina. 15 Q. Okay. And in the Understanding Medical Records 16 Systems presentation, December '09, did it 17 include a discussion of Matrix? 18 A. It included a generic understanding of 19 computerized charting. 20 Q. What was the computerized charting method that 21 the facility in Woodland Park -- I'm sorry -- in Salt Lake City utilized? A. You know, the name of it escapes me. I can't 24 recall the name because we changed it. It was 25 not Matrix. Deposition of DANNY GIBSON, R.N., 5/20/13 Page 43 1 Q. And did you do a powerpoint? 2 A. I believe I did do a powerpoint for that 3 presentation. I was invited, and it was quite 4 prestigious to be invited to the Department of 5 Justice, the Executive Office of the United 6 States Attorneys, in Columbia, South Carolina. 7 And I did the presentation to the 8 Department of Justice lawyers to help them 9 understand the different kinds of medical 10 records, and I believe I did have a powerpoint. 11 Q. Did you save it? 12 A. I don't have it now because I had a computer, and 13 I got a new computer since I don't have 14 it. 15 Q. So what happened to it? 16 A. What happened to the Q. The presentation. The powerpoint. 18 A. Well, I spilled wine on the keyboard and the 19 computer crashed. I got a new computer, and my 20 husband -- I don't know, he brought it to the 21 place where you bring old computers. Q. Who was the contact person at the U.S. Attorney's Office in Columbia? 24 A. Robin. And I'm thinking of her last name. 25 And for the prior one, for October Deposition of DANNY GIBSON, R.N., 5/20/13 Page 45 1 But we changed it during my tenure 2 there, and we had a new computer system, which is 3 always fun, but it was not Matrix. Neither one 4 was Matrix. 5 Q. If it comes to you at some point, if you could 6 let Attorney Centofanti know the name of that 7 system. 8 A. Sure. 9 Q. Not even just today. If a week from now you 10 think of it, please call her and let her know 11 that. 12 A. I will. 13 Q. Thank you. Have you ever presented a 14 presentation to any group here in Wisconsin? 15 A. I have not. 16 Q. And you got your bachelor's at Barry University, 17 Miami, and then your R.N. -- you went two years 18 to Saddleback College in Mission Viejo? 19 A. Correct. 20 Q. And, I assume, you take continuing dental -- next 21 deposition -- continuing nursing education courses? A. I do. California requires that. 24 Q. Is it 30 a year or two years? 25 A. 30 every two. Gramann Reporting, Ltd. (11) Pages Ex

14 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 46 1 Q. And do you keep a listing of credits? 2 A. I do. 3 Q. Can you send Attorney Centofanti just the last 4 two years -- the last two reporting sessions? 5 A. Yes. 6 Q. I'd appreciate that. What is Gibson 7 Presentations, Inc.? 8 A. Gibson Presentations, Inc. is my company that 9 deals with my education and my consulting and o expert work. 1 Q. And are you the president of Gibson Presentations? 2 A. I'm everything. I'm the hat girl, the mail 3 girl -- 4 Q. -- chief cook and bottle washer? 5 A. I am. 6 Q. When was it founded? 7 A. In California in I had a corporation in Salt Lake, but I closed that, and we moved back 9 to California. So this was -- or was it 2007? we moved back to California. t Q. So in '07 you moved to California, and you formed 2 Varca Presentations? 3 A. Yes. a Q. And again, describe in a little more detail what 5 the nature of the business is. Deposition of DANNY GIBSON, R.N., 5/20/13 Page 48 1 Q. I'm assuming you have materials for that that you 2 use? 3 A. Actually, once I co- -- with the Alzheimer's 4 Association, they have their own materials which 5 they would like their instructors to use. So I 6 use their materials when I teach for entities 7 with the Alzheimer's Association. 8 And I teach in skilled nursing 9 facilities, and long-term care folks come to my 10 seminars. 11 Q. So the Alzheimer's materials that you use on 12 in-services for falls within the last two years, 13 do you have copies of those materials? 14 A. I do. 15 Q. All right. Can you provide them to Attorney 16 Centofanti? 17 A. I don't know if I can because they're 18 copyrighted. Orange County Alzheimer's 19 Association materials. 20 Q. When you go into a facility and do an in-service, 21 you hand these materials out? A. Actually, I don't. Q. You maintain the copy that you bring in the 24 facility? 25 A. I have it in a big book like that. Deposition of DANNY GIBSON, R.N., 5/20/13 Page 47 A. I do a lot of teaching, educating, I'm a Registered Nurse, I'm an educator, I'm a 3 consultant and nursing expert. 1 So it's just sort of my umbrella for my work. 5 Q. Does Gibson Presentations, Inc. maintain records I for the amount of income generated from legal 3 nurse consulting? A. Not specifically it doesn't keep records ) regarding what exact fee was for what exact chore. Q. So you have a commingled pot of money. One is I from the legal nurse consulting. What are the other components? Teaching, you said? A. Teaching, education. Q. Let's stop there. What kind of teaching and f education are you talking about, Registered Nurses and LPNs? 1 A. Correct. And CNAs and hospital administrators and nursing home administrators. Q. Do you do in-services? A. I do. Q. Have you done an in-service on falls within the last two years? A. Yes. In the last two years, yes. Deposition of DANNY GIBSON, R.N., 5/20/13 Page 49 1 Q. And you pass copies around and collect them, or 2 do you do a powerpoint, or what? 3 A. It has a powerpoint system. In the Alzheimer's 4 Association, they have it all set up. 5 Q. Can you tell me the exact title of this so I can 6 buy a copy? 7 A. Well, it's the syllabus for the Orange County 8 Alzheimer's Association, but I believe these 9 materials are nationally created by their 10 education department. 11 And since I'm doing most of my 12 work with them now, I ceased using my own, and I 13 don't have my own. They're programmed for CNAs, 14 LPNs, R.N.s, licensed nursing, home 15 administrators, you know, on falls, on 16 restraints, on feeding techniques, and on and on 17 and on. 18 Q. Do you consider the syllabus that you use from 19 the Orange County Alzheimer's Association 20 authoritative with respect to falls and 21 preventing falls in nursing homes? A. I do. Q. The invoices that you've sent to Attorney 24 Centofanti -- where are those? On Exhibit 4 it 25 says, "Please remit payment to Gibson ges (12) Gramann Reporting, Ltd. Niin-U-Script1:0 Ex

15 Deposition of DANNY GIBSON, R.N., 5/20/13 Page 50 1 Presentations, Inc." with your own Tax ID number 2 for that entity, correct? 3 A. Yes. 4 Q. You said you're the chief cook and bottle washer. 5 Do you have any employees at all at Gibson 6 Presentations? 7 A. No. A couple years ago I had several nurses who 8 subcontracted from me, and I'm trying to slow 9 down and semi-retire, so I'm it. 10 Q. Other than the area of nursing-related topics, 11 does Gibson Presentations do presentations in any 12 other field? 13 A. Other than nursing? 14 Q. Nursing and nursing homes and CNAs. 15 A. I did a few presentations educating the public on 16 elder care for parents -- thinking, looking 17 ahead, things like that. 18 But it's all basically under the 19 umbrella of nursing. 2o Q. Have you, Danny Gibson, ever taken care of an 21 elderly person in your own home? A. In my mother-in-law's home. I've taken care of her. 24 Q. Tell me about that without mentioning names, 25 obviously. What did you do with respect to your Deposition of DANNY GIBSON, R.N., 5/20/13 Page 52 1 MR. SULLIVAN: Absolutely. Go ahead. 2 Any time you need. 3 (A recess was taken.) 4 BY MR. SULLIVAN: 5 Q. Nurse Gibson, I want to do the housekeeping part 6 and identify everything you reviewed, and I'll go 7 through them one by one. 8 I think before I do that, I'll 9 collect the exhibits that we have marked. Just 10 so we have a clean record, or catch up with our 11 record, Exhibit 1 we've already talked about. 12 That's the May 17, 2012 letter from you to 13 Ms. Centofanti, true? 14 A. Yes. 15 Q. No. 2 is a June 27, 2012 letter to you from 16 Centofanti, and there's a discussion in here 17 about Daubert. And it says you believe that you 18 understood what that meant, but I offered to send 19 you a summary of Daubert so you could be sure 20 that your report complies with it. 21 Anyway, that's what Exhibit 2 is, right? A. Yes. 24 Q. Did you follow up with Daubert at all? Did you 25 request any materials from Centofanti? Deposition of DANNY GIBSON, R.N., 5/20/13 Page 51 1 mother-in-law? 2 A. I helped her and organized her care. 3 Q. Did you live with her or did she live with you? 4 A. I couldn't have her live with me because I have 5 stairs, and her house was one level. And as she 6 progressed onward, I assisted her and then 7 organized the care providers. 8 Q. Okay. So other than your mother-in-law, you 9 organized the care for her A. And did care. 11 Q. And provided care. You've never had an elderly 12 person reside with you for any period of time, 13 true? 14 A. My husband's grandmother would stay with us for 15 three months, and she never wanted to go home. 16 So that's Q. That's the risk? 18 A. That's a period of time in my book. 19 Q. That's the risk you take. But I'm talking about 20 if you take someone in who is disabled, elderly, 21 needs a lot of care, and they live with you, that's their residence, you haven't done that? A. No. 24 THE WITNESS: Would it be a good time 25 to go to the restroom? Deposition of DANNY GIBSON, R.N., 5/20/13 Page 53 1 A. No. 2 Q. She gives you a breakdown in here of her 3 interpretation of what Daubert means, right? 4 A. Yes. 5 Q. Exhibit 3 is a transmittal from Miss Centofanti 6 with depositions of Jackson, Cole, Kraft, 7 some medical records from The Grace Home. 8 It's described as a complete set 9 as provided by defense counsel, correct? 10 A. Correct. Q. And that's December 4, Exhibit 4 are the 12 invoices we've talked about in the case? 13 A. Yes. 14 Q. Exhibit 5 is a letter to you from Miss Centofanti 15 dated August 15, 2012 and it encloses on a disc 16 discovery materials, and it says, "He" -- meaning 17 me -- "feels strongly that these materials and 18 the fact that the staff was following a 19 prescribed care plan mean we do not have a case. 20 In fact, he tells me that physical therapy wanted 21 Mrs. Jackson to walk independently in her room and that it was she" -- "and that is what she was doing when she fell. 24 I have no idea if this is accurate 25 or not. I have no interest in proceeding if Gramann Reporting, Ltd. (13) Pages Ex