HomeMy WebLinkAbout2020CV30363 - Stuward Cross And Katrina Richman V. City Of Fort Collins - 043A - Exhibit 1 - Deposition Transcript - RichmanPage 13
·1· · · · Q· · Okay.· And that's fine.· I'm not trying
·2· ·to -- this isn't a test, so -- and if you -- if you
·3· ·realize after you've told me something that you said
·4· ·the wrong date, feel free to come back and correct
·5· ·yourself at any time, okay?
·6· · · · · · ·So prior to 2018, you -- you were already
·7· ·on disability at that point, correct?· Social
·8· ·Security disability?
·9· · · · A· · Yeah -- yes, I was -- well, I was
10· ·receiving SSI benefits for most of it.· I don't have
11· ·the accurate timing on when there was a mess-up, but
12· ·they moved me from SSI to SSA, so when that happened
13· ·would be somewhere in that period, and then from
14· ·SSA, which I guess this is a part of, I just have
15· ·disabled status with what -- with widow's --
16· ·survivor's benefits.
17· · · · Q· · When you first applied in -- you said 2007
18· ·for disability?
19· · · · A· · I believe that was the year.
20· · · · Q· · Sure.· When you first applied, what was
21· ·the physical condition for which you were basing
22· ·your disability application?
23· · · · A· · Basically I was having unexplained low --
24· ·like pain in my, like, tailbone area.
25· · · · Q· · Okay.
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·1· · · · A· · To where I couldn't stand and -- and work.
·2· ·At the time I had a cleaning business.
·3· · · · Q· · Okay.· And so we -- you said in your
·4· ·tailbone.· So not even low back, you're talking
·5· ·about even further down?
·6· · · · A· · Yeah.· It was like sacrum, tailbone issues
·7· ·with, like, sciatic pain, that kind of stuff, on the
·8· ·legs.
·9· · · · Q· · When had that begun for you, the pain?
10· · · · A· · I -- I don't -- I don't remember.· It was
11· ·probably two thousand -- within a year before that.
12· ·Maybe eight or nine months before that.· Not -- it
13· ·wasn't a long time.
14· · · · Q· · Okay.· And how long did you -- you said
15· ·you had a cleaning business, and you basically were
16· ·unable to continue doing that job because of this
17· ·pain?
18· · · · A· · Yeah, I basically had to cut back my
19· ·hours, and at that time my husband took over more
20· ·clients so that I could try to be able to figure out
21· ·what the -- what the problem was.
22· · · · Q· · Did you ever get to a definitive diagnosis
23· ·for what's causing the sacral pain?
24· · · · A· · No.· I don't -- I don't remember, being
25· ·that -- being that far back, I don't really remember
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·1· ·what -- what they diagnosed it as, or who diagnosed
·2· ·it.· I saw a lot of doctors between whenever I first
·3· ·filed and like four or five years later, so ...
·4· · · · Q· · Okay.· Are you still suffering from sacral
·5· ·pain?
·6· · · · A· · No.· No.
·7· · · · Q· · So you think the sacral pain resolved?
·8· · · · A· · Yes.
·9· · · · Q· · About when did that get better?
10· · · · A· · Probably 2008, maybe.· It was a little
11· ·while after.
12· · · · Q· · Do you know what -- what did you do or
13· ·what happened that allowed you to recover from that?
14· · · · A· · I did some chiropractic -- chiropractic
15· ·care.
16· · · · Q· · And that more or less resolved the pain?
17· · · · A· · Yes.
18· · · · Q· · Okay.· What other physical issue did you
19· ·have that allowed you to get Social Security
20· ·disability?
21· · · · A· · It was just my reduced mobility with the
22· ·pain in my legs, not being able to stand for -- for
23· ·extensive periods.· There was a time where because
24· ·of the sciatica I couldn't, like, really hold my
25· ·granddaughter when she was younger just because of
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·1· ·the -- the pressure.· Those were the main -- the man
·2· ·reasons of it, losing -- lack of ability to do my
·3· ·everyday things.
·4· · · · Q· · Sure.· So when you say that the pain
·5· ·resolved in 2018 -- or 2008, sorry, is that because
·6· ·you started limiting your activities?
·7· · · · A· · Yeah, a lot of that was -- was that. I
·8· ·had to.· I had to hire people and stop myself
·9· ·being -- doing the physical things that was required
10· ·to meet my financial needs.
11· · · · Q· · And so back -- have you ever gotten back
12· ·to the level of activity you had before 2007, before
13· ·the pain started?
14· · · · A· · I would say probably around 2012 and '13
15· ·and '14 were okay.
16· · · · Q· · By okay, do you mean you were back to
17· ·being able to work as a house cleaner, or okay in
18· ·that your pain was at least limited?
19· · · · A· · The -- the latter.
20· · · · Q· · Okay.· You've never gone back to working
21· ·full-time since 2007?
22· · · · A· · No.
23· · · · Q· · You said 2012, '13 and '14 were okay, and
24· ·I get from that that things had gotten worse again
25· ·in 2015?
Meadors Court Reporting
Katrina Richman· - 06/02/2021
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Katrina Richman· - 06/02/2021 13 to 16
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DATE FILED: October 11, 2021 9:41 PM
FILING ID: DA8F83C2EB94C
CASE NUMBER: 2020CV30363
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·1· ·getting epidural injections?
·2· · · · A· · I think maybe two.· I don't -- I -- I just
·3· ·really don't remember.· I'm sorry.
·4· · · · Q· · That's okay.· You know, this is just --
·5· ·this is my chance to get to talk to you before
·6· ·trial, so I'm trying to get from you what
·7· ·information you know, and obviously there's records
·8· ·out there, but they don't always tell the whole
·9· ·story, so ...
10· · · · · · ·What did you -- why were you getting
11· ·epidural injections before the accident?· What was
12· ·that supposed to treat?
13· · · · A· · Originally it was for, I believe, when I
14· ·started having the sacrum and -- and tailbone pain
15· ·that wasn't going away.· I believe, but it was for
16· ·being in chronic pain with no relief.
17· · · · Q· · Going back to memory loss for a moment.
18· ·Has any doctor told you that your memory loss was
19· ·caused by the traffic accident?
20· · · · A· · I don't recall.
21· · · · Q· · Do you remember any doctor telling you
22· ·any -- any medical provider telling you that they
23· ·believe that the memory loss was caused by the
24· ·accident?
25· · · · A· · I do -- I remember someone telling me that
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·1· ·having a mild concussion could cause memory loss. I
·2· ·remember talking to Dr. Birnbaum about it, who was
·3· ·my primary doctor at the time, but I don't remember
·4· ·what -- as far as diagnoses or what people -- I
·5· ·don't know what -- what they -- what they said. I
·6· ·don't remember what they said.
·7· · · · Q· · But you had --
·8· · · · A· · I just know it's based off my not being
·9· ·able to remember things, and there was a little
10· ·while where I was embarrassed, and so that's why I
11· ·asked my primary, because I said, I really don't
12· ·feel that I -- you know, I don't have any dementia
13· ·in my family, you know, that kind of stuff.
14· · · · · · ·I just know that it has gotten
15· ·significantly worse since that -- since that time.
16· ·I don't know if that's something that's, you know,
17· ·been -- been happening since before and it's -- I'm
18· ·not a doctor, so I -- I don't know.· I just know
19· ·what my experience is at this point with how I feel
20· ·a lot less able to pull up things that it feels like
21· ·some of my regular friends or people around me can
22· ·do.
23· · · · Q· · Okay.· And you feel that those symptoms
24· ·have gotten much worse since the accident?
25· · · · A· · I do.· I attribute that to that due to
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·1· ·that's the last time my neck and head was -- was, I
·2· ·guess, injured.
·3· · · · Q· · And have you ever gone to the doctor and
·4· ·had any sort of neuropsych or neurocognitive testing
·5· ·done?
·6· · · · A· · Yeah, I currently do neurofeedback, so I
·7· ·don't know if that's what you're --
·8· · · · Q· · No.
·9· · · · A· · -- referring to.
10· · · · Q· · What I'm referring to is a set of tasks
11· ·where you have to recall a list of words or complete
12· ·online tasks, and they're basically testing your
13· ·memory or your ability to problem solve, things like
14· ·that.
15· · · · A· · Not that -- not that I recall.· I have
16· ·Medicaid and I'm poor, so you pretty much have to
17· ·justify any kind of an appointment you're going to
18· ·get, so not to -- it's kind of -- that kind of just
19· ·blurs together.
20· · · · Q· · Okay.· Well, this would have been probably
21· ·fairly memorable.· So it sounds like you don't have
22· ·any memory of sitting down for a couple hours and
23· ·taking a bunch of tests?
24· · · · A· · No, not -- not for this.· I had a brain
25· ·scan done when -- before I started neurofeedback,
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·1· ·and that's the only memory that I have of anything
·2· ·as far as being like a brain -- like a brain scan.
·3· · · · · · ·I had CAT scans and MRIs, but I --
·4· ·honestly, I can't remember what -- at this point
·5· ·what would have attributed to those other than
·6· ·what's in the documentation.
·7· · · · Q· · When did you last have a brain scan?
·8· · · · A· · I had a brain scan, I believe -- I want to
·9· ·say 2017, I want to say.· And then I just -- because
10· ·I just had my two-year -- my brain scan again this
11· ·last -- this last year.· I just had my -- excuse
12· ·me -- my two-year brain scan again, as far as that's
13· ·for PTSD.· That's what that's directly for.· So it
14· ·shows where my brain was at when I started, before I
15· ·started it, and where I'm at now.
16· · · · Q· · Who -- who performed that brain scan?
17· · · · A· · It would be Neurofeedback of Northern
18· ·Colorado.
19· · · · Q· · Okay.· Sorry, I'm attempting to rename an
20· ·exhibit so I can show it to you.
21· · · · · · ·But the first medical care that I see you
22· ·received after the accident was that you returned to
23· ·physical therapy at Rocky Mountain Physical Therapy
24· ·two days after the accident.· Does that sound right?
25· · · · A· · Yeah, that sounds accurate.
Meadors Court Reporting
Katrina Richman· - 06/02/2021
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Katrina Richman· - 06/02/2021 57 to 60
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·1· ·once you've dealt with the trauma, like, you can
·2· ·de-escalate as far as how your emotional response
·3· ·is, and that's what I worked through.
·4· · · · · · ·But when the trauma happens, that's the
·5· ·thing with PTSD, you can't just stick it -- it
·6· ·doesn't categorize, it doesn't get to let you choose
·7· ·what triggers you or what flashbacks come up.
·8· · · · · · ·So, yes, I -- like -- and, you know, I
·9· ·said earlier, I -- I feel that the accident
10· ·exacerbated the issues that were there prior to this
11· ·accident, absolutely.· Maybe made them -- because of
12· ·the time, I had had time to heal from those past
13· ·ones as far as mentally and physically.
14· · · · · · ·This one, being in a place where I wasn't
15· ·in control as well as the lack of responsibility,
16· ·those were the things that I really identified in
17· ·therapy after this accident for me as far as what
18· ·was causing my anxiety and my panic attacks.
19· · · · Q· · So if I'm hearing you correctly, what
20· ·you're saying is that it was possibly not so much
21· ·the accident itself as the -- what you perceived as
22· ·Mr. Lopez driving off that has exacerbated your
23· ·symptoms?
24· · · · A· · No, I would say that the accident
25· ·accumulated with those actions, of a very
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·1· ·irresponsible, I-don't-care attitude, those together
·2· ·with the physical pain that now I have to deal with
·3· ·every day, I have -- I -- it does affect me.
·4· · · · · · ·PTSD-wise, I do have flashbacks.· I had
·5· ·one just the other day.· I don't have them every
·6· ·day, but I do have them, and I do hold him
·7· ·accountable for that, because those are not issues
·8· ·that I was having near or around that time prior to
·9· ·the accident.
10· · · · Q· · Okay.· I have to get into a somewhat
11· ·sensitive subject, and so I apologize in advance.
12· · · · · · ·But, you know, in your records there's a
13· ·number of references to the fact that your back pain
14· ·is related to some episodes of domestic violence.
15· ·And I certainly don't want to get into the details
16· ·of all of that, and I understand this can probably
17· ·be pretty triggering, so I'm trying to touch this as
18· ·lightly as possible, but I do need to know what sort
19· ·of injuries you may have sustained that contributed
20· ·to your back pain that predated the accident.
21· · · · A· · My neck pain basically started in an
22· ·incident of being strangled to almost death.· So
23· ·that happened '15, I think.· I want to say 2015.
24· · · · · · ·And I had had -- I had had some minor
25· ·issues with neck stuff before, but I would say that
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·1· ·that's where the significant -- my neck stuff became
·2· ·introduced into my issues.· It was usually low back
·3· ·or mid-back.
·4· · · · Q· · Okay.· Did you go to -- and whenever you
·5· ·need to take a break, just let us know, okay?
·6· · · · · · ·Did you go to the hospital after -- you
·7· ·know, after that incident?
·8· · · · A· · Yes.
·9· · · · Q· · Which hospital did you go to?
10· · · · A· · I believe it was PVH.
11· · · · Q· · And that would have been sometime in 2015?
12· · · · A· · I -- I believe so.· Again, I -- I was
13· ·homeless from 2013 to 2014, so the memory stuff gets
14· ·fuzzy, but I believe it was 2015.
15· · · · Q· · Do you remember whether you were
16· ·hospitalized overnight, or was it a treatment at the
17· ·emergency room and you were released?
18· · · · A· · It was a treatment and I was released.
19· · · · Q· · Okay.· All right.· Were there any other
20· ·episodes -- and let me ...
21· · · · A· · It's okay.· Just go on.
22· · · · Q· · Do you want to take a couple minutes?
23· · · · A· · No.
24· · · · Q· · I'm not going to ask you about this again,
25· ·okay?
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·1· · · · A· · I just want to get through it, okay?
·2· · · · Q· · All right.· Are there any other traumatic
·3· ·incidents which have caused neck and back pain?
·4· · · · A· · The other time -- the only other time was
·5· ·when I was assaulted by my daughter.
·6· · · · Q· · Okay.
·7· · · · A· · I believe -- I believe that's in the
·8· ·record.· Again, I ...· I believe it would have been
·9· ·2017 or 2018, because it was right when I got into
10· ·this apartment.
11· · · · Q· · Sometime after the --
12· · · · A· · It would have been five years ago.
13· · · · Q· · Was it before or after this accident?
14· · · · A· · Way before.
15· · · · Q· · Were you hospitalized as a result of that,
16· ·or did you go to the ER?
17· · · · A· · Yeah, I believe I went to the ER.· No, I
18· ·was not hospitalized.· I do believe I ended up
19· ·having an epidural, but I had to wait for a really
20· ·long time, if I recall, after that incident. I
21· ·believe it was a lumbar.· It could have been -- I
22· ·don't remember, but I remember getting an epidural
23· ·not too long after that incident.
24· · · · Q· · Okay.· Thank you.· I know this was
25· ·unpleasant to talk about.
Meadors Court Reporting
Katrina Richman· - 06/02/2021
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Katrina Richman· - 06/02/2021 81 to 84
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