Judge Throws Out Liposuction Testimony

A judge on Tuesday threw out a nurse’s testimony about the death of a patient following liposuction, because the nurse earlier might have forged a prescription for herself for a painkiller, according to court documents.

Administrative Law Judge Vincent H. Nafarrete said that nurse Janice Anderson apparently had lied under oath about forging the prescription and that her testimony therefore could not be used against the plastic surgeon or the anesthesiologist.

“In all fairness, I think the proper thing to do in this case is to strike the entire testimony from the record,” Nafarrete said.

Anderson, who was the supervising nurse at Dr. W. Earle Matory Jr.’s clinic in Irvine, testified last week that patient Judy Fernandez had become pale and cold during the 10-hour operation on March 17. She also testified about the amount of blood loss.

The testimony is part of a case brought by the California Medical Board, which wants to revoke the licenses of anesthesiologist Robert K. Hoo and Matory. The coroner’s office has determined that Fernandez, 47, died of blood loss and had a toxic level of the painkiller lidocaine in her body after the “large-volume” liposuction and other plastic surgery procedures.

According to a motion filed by the defense, Anderson forged a prescription for 40 tablets of Vicodin on March 3, 1997. On March 20, she had the prescription refilled, according to the document. On April 4, she tried to have it refilled, but a pharmacist called the doctor’s office to confirm the prescription, according to the motion.

At that time, Matory’s office said it had not prescribed Vicodin for Anderson, according to the document.

Anderson would not comment on the charges Tuesday, but according to the defense motion, she denied having forged the prescription.

Attorneys for Matory praised the judge’s decision to strike Anderson’s testimony, saying it was critical to the medical board’s case.

“One of the three key players in this case is Janice Anderson,” Matory’s lawyer Lloyd Charton said. “Her testimony is untrustworthy and incredible.”

But Deputy Atty. Gen. Richard D. Hendlin said the judge’s decision would not affect their case.

“We don’t agree with the judge’s decision,” Hendlin said. “I think the evidence will show [there were] multiple acts of extreme deviation from the standards of care. The striking of Anderson’s testimony will not diminish the strength of our case.”

Hendlin said the prosecution would offer other witnesses, medical records and the autopsy report that would corroborate Anderson’s testimony. For example, he said, doctors at Irvine Medical Center testified that the amount of blood loss Fernandez suffered was so grave that by the time she arrived at the hospital her heart was without blood.

Fernandez’s husband, Ruben Fernandez, said he was disappointed by Tuesday’s development.

“They have tried to blame the paramedics, the ambulance driver, the guy who mopped the floor and now the nurse,” he said. “They are trying to deflect the truth.”

Although careful not to blame Anderson for Fernandez’s death, lawyers for the defense said her role in the operation was important.

As supervising nurse, Anderson was responsible for preparing medications and intravenous injections of medications, according to documents filed by the defense.

Also on Tuesday, anesthesiologist Gary Bennett testified for the prosecution that there were several early indicators, such as low blood pressure and a rapid heartbeat, that should have alerted doctors to Fernandez’s dangerous condition.

However, defense attorneys questioned Bennett’s expertise in liposuction operations and argued that both Hoo and Matory had done all they could to track Fernandez’s vital signs.