Aug. 14--A civil complaint alleging personal injury to and the wrongful death of Billie Jean Garber in August of 2010 filed by Clifford Garber against Johnson Lifecare has resulted in a jury trial to decide the matter.
Following a day of jury selection, the trial got under way Tuesday in Harlan Circuit Court with Judge Henry Johnson presiding.
Garber's attorney, Stephen M. O'Brien, presented the opening argument for his client. Garber is being represented in the action by O'Brien and attorney Kellie Wilson.
In his opening, O'Brien argued that an ambulance crew from Lifecare transported Billie Jean Garber from Harlan ARH to the Harlan Nursing Home without portable oxygen on Aug. 12, 2010.
According to O'Brien, a portable oxygen tank provided by the hospital had to be used to transport Billie Jean Garber from the hospital to the ambulance because Lifecare had no portable oxygen available. After arriving at Harlan Nursing Home, Billie Jean Garber was transported to her room.
O'Brien stated Billie Jean Garber was deprived of oxygen while being moved from the ambulance to her room at the nursing home. According to O'Brien, upon arrival at her room Billie Jean Garber had a blue skin color and her pupils were fixed and dilated.
O'Brien displayed photos of Billie Jean Garber for the jury.
"She died when she did as a result of what happened on Aug. 12," O'Brien told the jury.
Attorney for Johnson Lifecare, Tiara B. Shoter, disagreed with O'Brien's argument in her opening.
Shoter told the jury that Billie Jean Garber was "a very sick woman."
"Mrs. Garber was admitted to Harlan Nursing Home because she could not take care of herself," said Shoter.
Shoter pointed out that Billie Jean Garber had many medical issues, including significant heart and lung problems, COPD and dementia.
Stating that it was "inconceivable" that the ambulance crew had no oxygen, Shoter denied the allegations that Lifecare had no portable oxygen tanks on the scene.
Shoter showed the jury an oxygen tank that she claimed was used by the ambulance crew during the incident.
Shoter also pointed out that Clifford Garber had previously signed a "Do Not Resuscitate" document pertaining to Billie Jean Garber, stating Clifford Garber changed his mind when Billie Jean Garber stopped breathing at the nursing home.
Shoter then went over Billie Jean Garber's medical history in the days leading up to her death on Aug. 14, 2010, stating she had a "major medical event" on Aug. 7, 2010.
The first witness for the plaintiff called by O'Brien, retired EMT C.H. Clem, testified that he was present at Harlan Nursing Home when the Lifecare crew arrived with Billie Jean Garber. Clem stated that he loaned his portable oxygen tank to a Lifecare employee at the scene.
Under cross examination by Shoter, Clem testified he did not enter Billie Jean Barber's room when he provided the oxygen tank.
Testimony continues today at 9 a.m. in the Harlan Circuit Court.
Reach Joe P. Asher at 606-573-4510, ext. 113, [email protected]
Copyright 2013 - Harlan Daily Enterprise, Ky.
