Wednesday, attorneys for the family of Ruth Summers wanted to demonstrate the Gallatin Center for Rehabilitation and Healing had a screening process during the pandemic that had serious flaws.
They allege those flaws may have caused Ruth's death.
Ruth Summers was an 89-year-old resident at the Gallatin-based nursing home. Her family is now suing that facility, saying in March 2020, she got COVID there and later died because of their negligence.
For four hours, over the course of two days, members of the jury watched a lengthy recorded deposition featuring the former administrator of the nursing home, Dawn Cochran, explaining why there were discrepancies on some of the health screening forms, filled out by employees and guests to the facility during the beginning of the pandemic.
Evidently, Cochran also didn't fill out the form correctly.
"Well you didn’t answer where you had any symptoms did you?" asked Clint Kelly during the deposition, the attorney for Ruth Summer's family.
"Well, I didn’t," replied Cochran, the former administrator.
At one point, Kelly and Cochran had this testy exchange.
"Human beings were responsible for preventing COVID from coming into the building correct?" asked Kelly.
"I take offense to that," replied Cochran.
"It’s just a question," said Kelly.
"I understand but you’re acting like the staff did not do their jobs and I can tell you we did more than any other facility in the state," replied Cochran.
Kelly also called an expert witness, who was the Medical Director of a comparable nursing home in St. Peters, Missouri.
"This is not what I like to see in nursing homes, it was just horrendous care," said Dr. Arnold Tepper, under oath.
"In your opinion, did that gross deviation also contribute or was it a substantial factor in causing Ms. Summer’s COVID infection and death?" asked Kelly.
"Yes," replied Dr. Tepper.
But defense attorneys, representing the Gallatin Center for Rehabilitation and Care, tried to discredit Tepper's testimony.
"You gave an opinion, a very serious one, that we’ve breached this obligation of proper screening and it caused injury or death to a patient," said Andrew Sheely, an attorney representing the facility.
"That’s correct," said Dr. Tepper.
"So what I want to know how many of these sheets you laid your eyes on before coming to this opinion?," said Sheely, referencing the health screening forms.
"I can’t give you a number," replied Tepper.
Attorney Clint Kelly also called an infectious disease expert from Georgia to testify. Dr. Mitchell Blass testified that, based off his expertise, Ruth Summers likely contracted COVID from one of the nursing home employees. But the defense tried to insulate that Blass is a highly paid trial expert and may likely draw conclusions that mirror with what the plaintiff want him to say.
Thursday is slated to be a blockbuster day in the trial. The plaintiff plans to call more expert witnesses, along with former employees of the nursing home that claim they were forced to work while they were sick.
We are also expecting to hear from Debbie Bolton, Ruth's daughter, up on the stand.
You can stream the trial daily on NewsChannel5.com.
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She's in her 80's and legally blind. Franklin woman continues to crochet for those in need
“Here’s a great story that proves everyone has something to give, regardless of age OR personal challenges. Our Austin Pollack introduces us to Ms Sylvia Mooney. At age 80, she’s not sitting still. Instead, she using her skills to craft compassion for others… one stitch at a time. Her crochet creations go to non-profits to help our homeless neighbors. You’ll be surprised to learn she does it all, while facing a serious health issue. Bravo Sylvia!”
-Rhori Johnston
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