Voices in the Darkness

"Was that a sound medical decision in your opinion?"

"It was sound decision only as long as her upper brain function was repressed. Any brain wave activity in her cortex should have resulted in her immediate medication as a precautionary step. Pain is associated with brain activity in certain regions of the frontal lobe located in the cerebral cortex. She should have been continuously monitored because the attending physician knew that Ketamine had been used and that when it degraded upper brain activity was very possible."

"Was she continuously monitored?"

"EEG's were initially performed every six hours on Christine. The results on the EEG taken 18 hours after the operation showed some very minor blips of upper brain activity. However by 24 hours her upper brain activity was steady and at about 5% of normal human brain function."

"What does that mean Doctor? Does it mean that she would feel only about 5% of the normal pain?"

"Her brain function indicated that she had no conscious motor function. In other words, she had no self control over her muscles. However the brain activity was sufficient to have some of her senses function. The attending physician noted this increased brain activity and requested the hospital's chief neurologist examine Christine. They wanted to determine the depth of her coma and if she could sense pain. As a result of the decision to conduct tests; pain medication was withheld in an attempt to get a more accurate reading of whether or not she was experiencing pain."

"Did the chief neurologist examine Christine immediately after the EEG started to show upper brain function?"

"According to the records he was delayed and he wasn't able to perform the tests until the next morning."

"Was anything done for Christine when the neurologist was delayed?"

"No pain medication was given then or at any time while Christine was at Southland."

The testimony was horrific for me. I could still remember the intensity of the pain in my chest muscles. I so desperately wanted to scream out for help as I awoke from my surgery. At least a prisoner being tortured can scream. I was unable to do anything except exist in my personal hell.

"Why was medication withheld from Christine after the chief neurologist examined Christine?"

"It was because he made a mistake."

"Objection; the witness is making a statement of fact which has not been proven to the Court's satisfaction."

The judge sustained the objection and instructed the jury to disregard the response.

"Dr Stevenson, in your expert medical opinion was the data from the EEG's correctly interpreted?"

"In my opinion the results were interpreted incorrectly."

James O'Connor was an excellent trial attorney and he knew that both sides would have experts which disagreed. He knew that some kind of visual reference was needed which would convince the jury. He had a prepared large poster sized charts for this moment.

"Your honor I would like to enter into evidence exhibits 4 through 11 which show medical records of when LN Ruby Johnson, a nurse employed by Southland, attended to Christine's breasts in the days after her surgery. These exhibits also show EEG activity during the days that Ms. Johnson carried out these duties."

Mr. O'Connor turned back toward Dr. Stevenson and asked: "Do you remember any mention of a nurse named Ruby in Christine's deposition?"

"Yes she named that nurse as the one who caused her the most intense pain."

"Would you please read from page 243 beginning on line 4 what Christine said about this nurse?"

The doctor had to once again retrieve his reading glasses, then he located the text and read aloud: "The pain was so intense after each time a nurse by the name of Ruby massaged my breasts. I remember this more than anything else because the initial pain from the surgery was finally starting to ease off some. I think I had been there three or four days at that point. But then Dr. Lyons had a nurse, whom he referred to as Ruby, start physical therapy on my breasts to prevent scar tissue from forming in the muscles which the implants went under. I remember Dr. Lyons instructing her how to massage my breasts firmly but gently in order to stimulate healing and produce a natural looking result. But when he left, Ruby was not gentle with me. She didn't like being told to perform the therapy and she constantly talked to herself about it. She often said: "Why do I have to squeeze this skinny white girl's big fake tits? I shouldn't have to do this. God is punishing me." Then she would take out her frustrations on me and hurt me by squeezing my breasts so hard. The pain she caused me was the most intense of all. Every time I heard her voice I wanted to scream out, but there was no stopping her cruel treatment to my injured body."

Hearing my own words describe what happened to me made me wonder if I could ever be normal again. I must have been crazy to have ever agreed to participate in a fucked up deal like this was. I should have known it wasn't going to be the "piece of cake" that Michelle had me believe it would be.

Dr. Stevenson then used the exhibits to show which days and what times Ruby Johnson attended to me. I already knew what he was going to tell the jury. He was going to show them how in each case my vital signs including rate of respiration, heart rate, and blood pressure spiked about 80 minutes after her physical therapy session ended. Also the EEG's in the every six hour mode revealed that the reading which occurred at least 80 minutes after her treatment always showed a spike in my cortex activity which could be associated with pain. My readings would then slowly fall back. The highest pain activity reflected in the EEG's which coincided about one and a half hours after Ruby performed her sadistic torture on my body.

Mr. O'Connor was going to drive the point home why Southland's neurologist was wrong: "Dr. Stevenson, these charts all indicate that there was a delayed reaction to stimulation. Is that correct?"

"Yes the charts coupled with Ms. Velarde's vivid recollection of events show that during the early phases of her coma that there was about an eighty to ninety minute delay from the time of stimulation to her body to the time that sufficient cortex activity was created to initiate a pain reflex action."

"In your opinion, why didn't the hospital discover this delay and treat her pain?"

Dr. Stevenson asked that exhibit 11 be displayed. Then he looked at the jury and answered: "Dr. Ben Sterling, Chief of Neurology for Southland Hospital administered a 165 degree heat stimulus to Christine's index finger at precisely 9:08 AM. He marked the EEG at the moment of the stimulation and continued the stimulation for 60 seconds. For the next 57 minutes the EEG showed no increase in cortex brain activity. He turned off the graph at 10:05 AM. He recorded on the EEG and in her chart: "No reaction to heat stimulus. No pain medication required." At precisely 10:34 AM the record reflects that Christine's heart monitor showed an increase in heart rate of 28%, her respiration rate increased by 34% and her blood pressure increased 31%. Within two minutes of those elevated readings they started to decline."

"What does that tell you Doctor?"

"It tells me that Dr. Sterling was in a hurry that morning and he........."

The hospital's attorney jumped up and shouted: "Objection your honor; move to strike from the record."

"Sustained"

Mr. O'Connor knew the jurors understood and decided it would be best to end Dr. Stevenson's direct testimony right there. He looked at the defendant's attorney and said: "Your witness."

I had originally wanted Mr. O'Connor to question Dr. Stevenson on the pain I suffered from the ventilation tube, which went down into my trachea, and the feeding tube which initially was inserted through my left nostril and down into my esophagus. I wanted Dr. Stevenson to say how excruciatingly painful it must have been when that first feeding tube was removed and replaced with a surgically implanted tube.

I still remember that pain almost every night when I dream. The procedure took place three weeks after my breast surgery. I endured that operation in which an incision was made into my abdomen and into my stomach without the aid of any pain killers. It hurt for days as the incisions slowly healed.

But Mr. O'Connor had told me that he wanted me to tell the jury about that part of my ordeal. He just wanted Dr. Stevenson to prove the hospital's negligence.

The hospital's attorneys knew that they couldn't refute the science associated with what caused the coma. Dr. Stevenson's testimony was completely credible. The irony of course was that his testimony was totally wrong. My blood pressure crashed as the paralysis drug took control of my body. Michelle had changed the calibration on the oxygen monitor as the doctors scrubbed up for my surgery. It was her job to make sure that the surgical instruments were in place and the monitors were functioning. No one noticed her as she changed the settings.

According to the hospital, only Dr. White was at fault. They insisted that the hospital's staff actually saved my life. They also contended that I felt no pain and I couldn't hear during my coma. They wanted their attorneys to refute Dr. Stevenson on those points. Of course the irony of that was not lost on me either. For I actually did suffer terribly and I heard everything.

The Hospital had several attorneys at their table. The lead attorney was a man around 55 years old. His hair had started to turn grey and he was of average height and build. I noticed that he always wore very expensive looking suits to court. There were two younger attorneys who assisted. One of them was a cute guy. He was about 30 years old and he didn't have a wedding ring. I liked him because he always smiled at me. I thought it was to bad that he wasn't on our side. Their lead attorney rose and started his cross examination very aggressively.

"Isn't it true that you don't really know if Christine Velarde could hear or feel pain during her coma?"

Dr. Stevenson forcibly replied: "That is not true. The record is clear and I know with certainty that she felt pain and could hear voices. How else did she know the name of a nurse whom she had never met before her operation?"

"Please doctor, just answer the question. Is there any evidence on any of the EEG's of pain which coincides directly with an external stimulus?"

"As I testified earlier there was a delayed reaction to stimulation. And the fact that she was not being continuously monitored means that we had to interpolate from the test results which are available."

"In other words you agree that there are no EEG readings which show pain. Isn't that correct doctor?"

Listening to their lead attorney insist that I didn't feel pain made me angry. I had suffered more in those four months than most people suffer in a life time.

Dr Stevenson fired back: "It was the hospital which elected not to continuously monitor her brain function in those early days after surgery. If they would have done that then there would be EEG's which showed her brain wave reactions to pain. But there were other vital signs, such as heart rate which clearly show that she was in distress."

My mind once again sent me back in time. I was surrounded by darkness and I could hear the voice my antagonist preparing to inflict upon me another round of searing pain. Her contempt for me and the pain she rendered upon my flesh made me question if I was in Hell itself. I had sinned by participating in an illegal conspiracy to defraud the doctors and the hospital. I had also sinned by having sex with women. If there was a Hell, this was it and Ruby was Satan.

Once again I heard her speak to me: "Everyday I have to come in here and squeeze your fake tits. Your never going to wake up so who cares what these fake tits look like when you're dead and buried. You skinny white bitches are all the same. You are just nothing but trouble for me."

I tried to move and I tried to scream but my body betrayed me once again. Ruby was going to have her sadistic way with me and there was nothing I could do to prevent it.

Then I heard the voice of my attorney: "Your honor, may we please have a short recess so my client may have a moment to compose herself?"

I was crying and I had my head lowered into my hands. My elbows rested on the plaintiff's table. My thumbs dug into my cheeks and my finger tips were pressed into my forehead under my bangs. I heard the judge grant the recess but I wanted him to know the truth.

I looked at the judge, who was still seated, and I spoke softly with a broken voice: "I did feel pain. I will never be the same after what I went through. You must believe me how much it hurt."

The judge had to remain impartial but he was human. He didn't want to see me cry. He spoke in a soft and soothing voice: "Ms. Velarde, I have granted your attorney's request for a recess. You will have an opportunity later to testify. I'm certain you will be able to tell the Court what you felt. But you can't testify until you are sworn in." The judge then asked counsel for both parties to meet with him in his chambers.

*

Chapter 14

Mr. O'Connor left to meet with the judge, and then my girlfriend came over and sat beside me at the plaintiff's table. She had a tissue and helped me fix my mascara which had run down onto my cheek. I was sure that I looked like a complete and utter mess. Liz asked me: "Do you want to go home Chris? I'm sure the judge would permit you to leave if you don't feel you can continue today."

I looked into her blue eyes and said: "I started remembering my days in Hell. I swear even the mere thought of Ruby makes me cringe. I still can't understand why she worked at a hospital if she hated caring for people who couldn't care for themselves."

Liz held my hand and responded: "There is no place in nursing for someone like Ruby. After this trial is over I'm going to make her pay for what she did to you. Now take your mind off of her and remember the nights when you were in my care."

My thoughts instantly shifted away from Ruby and I remembered the time I spent in Irvine Care Center. I still experienced pain and fear but I also experienced love while being cared for in Irvine. Liz never missed a single day while I was there. Even on her days off she came and sat with me. Of course she had to inject me once a day with the experimental paralysis drug. She would massage my aching muscles for what seemed like hours and when we were alone she would intimately touch my breasts and genitals. And maybe most importantly she would talk to me the whole time. She was always upbeat and before she would leave me she would whisper in my ear how many more days remained before she would let me wake up. Then Liz would kiss me and promise to return the next day.

Without her reassuring voice my mind would have gone into places where sane people dare not enter. Ruby opened the doors for me to those forbidden rooms of mental anguish but I stepped back to be with my lover when she called to me.

About ten minutes had passed and I saw Mr. O'Connor approaching me. He looked rather happy and he was walking with a confident stride. He told me and Liz not to get up and he kneeled down so he could be eye level with us. He smiled and said: "The judge is going to come out in a few minutes and dismiss the jury for the remainder of the day. There will be no more testimony given until at least tomorrow. He urged the defendant's attorneys to resolve this case before you have to testify Christine. I think the judge feels that you are not emotionally capable of telling your story without breaking down into tears on the stand."

"But I can do it. I know I can."

"Christine, this is good for us. The judge asked their lead attorney if he thought their case had any chance of succeeding with the jury. The hospital's attorney said he thought that they had a strong defense on pain and suffering."

Hearing that instantly angered me and I said: "God damn it. Why won't they believe me about how I suffered?"

"They probably do believe you Christine, but it's their job to make us prove it."

"Well after I tell the jury what I felt and what they did to me while I was in their hospital, I think they will believe me."

"Christine, they asked the judge for time to prepare a final settlement offer. I objected to the delay stating that our expert witness was scheduled only for today. The judge initially agreed with me and was ready to call the Court back into session to avoid having Dr. Stevenson change his schedule. Then the hospital's attorney said the settlement package would include at least a $15,000,000 lump sum payment."

"Oh my god, fifteen million dollars!"

"The judge asked me, based on that sum, if we were willing to give the hospital until 9:00AM tomorrow morning to work out the terms of the settlement. I told him I would check with you first, but I felt that we could wait until the morning."

"Yes, tell the judge yes; I'm willing to wait."

"Great, I'm going to go tell the judge now. Then I will negotiate with their attorneys all night if necessary. I will call you as soon as we have everything worked out. If there are any problems with the settlement I will call you tomorrow early in the morning."

Mr. O'Connor hurried back to the judge's chambers. A minute later the judge reappeared and spoke to the jury: "Members of the jury, you are dismissed for the afternoon. Please report to the juror assembly room as normal tomorrow morning, unless the Clerk of Court advises you to the contrary."

Liz and I tried to remain calm but we were both terribly excited by the news. We left the Courthouse immediately after the judge dismissed the jury and ordered the court in recess until the next morning.

We ran out into the parking lot toward where we had parked my BMW. I wanted to kiss my girlfriend but we didn't want anyone watching us so we waited until we were in my car.

Liz looked at me and started to speak. She was excited and slightly out of breath: "Can you believe it? They are going to pay you fifteen million dollars lover."

"Please kiss me Liz and tell me it's true."

We embraced and we kissed harder and deeper than I can ever remember us kissing before. Our kisses had always been soft and tender. But this was different; we were devouring each other and I felt Liz's tongue snaking deep into my mouth.

Finally, I needed air and broke from our tight embrace. I could only manage to say: "Wow."

Liz said: "Come on; let's get out here and celebrate."

I started up my car and Liz got on her cell phone and started calling the other girls to let them know what had happened. Jill, Michelle, and Nancy were all very excited by the good news. But finally, we decided to hold off the celebration for one more day. We didn't want to jinx the settlement before it was signed. So Liz and I decided that we should head home. It was a warm sunny July day in southern California. The traffic was lighter than normal for 2:30 PM on a work day so we made it home in less than twenty minutes.

Liz and I were riding an emotional high like we had never experienced. We were now only hours away from achieving total financial freedom. The money we got from Dr. White's insurance carrier had made life comfortable for the two of us and Liz did quit her job at Irvine Care Center because working the graveyard shift kept us apart. Liz actually wanted to keep working but she couldn't get them to let her work the day shift. I wanted her to be with me at night and feel her body pressed into mine as we slept, so she finally gave up her career to be with me.

We had been very careful about giving out the money to our partners in crime. I was withdrawing a couple of thousand dollars in cash every other week and giving the girls a taste of the money. We didn't want anyone to know that these girls were associated with me or profiting from their testimony. And Michelle had already received a nice advance on a book deal. The publisher had assigned a ghost writer to work on a book while the story was still hot.