McFarland Bed Bug Case Deposition
Deposition of Janie McFarland in Bed Bug Lawsuit
This is part of the oral deposition of Janie McFarland conducted at 11:00 a.m. on January 11, 2016 in her lawsuit against the Charlottesville Super 8 Motel after allegedly being bitten by bed bugs. See the initial complaint for her story of events.
In this deposition, she is being (Q)uestioned by Ms. Harber who is the attorney for Super 8 Motel. They say it's a bad idea to represent yourself, but Ms. McFarland is doing just that and the (A)nswers are hers. This information comes from court document 27-3 Filed 01/29/16 Case 3:15-cv-00016-GEC-JCH. This document is not complete and may not be accurate, so refer to the official court record for 100% accuracy.
EXAMINATION (Starting at page 7)
BY MS. HARBER:
Q. What is your full name?
A. Janie McFarland.
Q. And that's J-A-N-I-E?
A. J-A-N-I-E.
Q. Okay. No middle name?
A. No.
WE JUMP TO PAGE 27
NOTE: There is a Janie Marie Farland that sued the VA / United States for her back injury during physical therapy - see Farland vs VA Medical Center for more information.
A. I had a injury with the VA Medical Center.
Q. Okay. Can you describe what happened there?
A. I went in for back pain on February -- I think it was the 28th of 2012.
Q. Okay.
A. I was hospitalized for five days, it was just a back -- I guess spasms.
Q. Okay.
A. The VA decided to admit me as a patient on February 28th. They did pain management, which was a epidural injection. By February -- March 2nd, they released me, I was pain-free. They prescribed for me morphine and Vicodin. I took that for three days, did not like the way it reacted, so I stopped the morphine and Vicodin, and I just prayed. And for me, that worked. I was pain-free. I had a follow-up 30 days later, which was April the 5th. The doctor who seen me, I told him my issue, that I had herniated disc, was diagnosed. The VA doctor told me I was not -- I did not have a herniated disc, so I went through another argument. I told them I had a herniated disc. She never looked into the computer. She did a physical on me, asked me to raise my knee, did not tell me she was going to push my knee to my back, and my back popped out.
WE JUMP TO PAGE 40
Q. Okay. And when you checked in around 1:30, I assume -- or did you stop anywhere else?
A. No.
Q. Okay.
A. Checked in at 1:30.
Q. Okay. And the room that you were to stay in, was it already given to you or how did you -- how did check-in go? Describe it for me.
A. The secretary had rooms already assigned before we got there, she made the arrangements. Each person was handed an envelope with a key. It's a group trip, so I guess -- it was a group as far as establishing the rooms.
Q. Okay.
A. So each individual or family were assigned their rooms prior to getting there.
Q. Did you have a single room or a double?
A. I had a double. Actually, my mom and I shared a room, we just didn't sit together on the bus.
Q. Okay. So was it two double beds?
A. Yes
Q. Okay. What's your mother's name?
A. Marie Woods.
Q. Okay. And so you get there, Ms. Brown passes out your room assignments, and then what do you do?
A. I complain to my mother about being at the Super 8 hotel.
Q. Okay. Describe that for me.
A. I will give you the short version. I pulled my mom to the side. When we pulled -- excuse me. When we pulled up into the parking lot, I went to the back and spoke to my mother, she sat in the back of the bus, and I whispered to her, Do you see this hotel? Because what happened was there were curtains flying out the window, there were dirty curtains, several windows were open with curtains open, and the curtains were dingy. And my mom knows that because I am a ex-flight attendant I've never stayed in anything less than a five-star hotel for the year and a half or whatever that I'd flown. So I complained to my mom immediately.
Q. And what did your mother say?
A. She told me, Well, we're only staying for one night. And I told her I didn't want to stay there, before I even got into my room, before we even got our rooms assigned, this is while we're on the bus.
Q. Okay. Now, I assume you didn't have any say in what hotel was actually secured? Ms. Brown sort of did that on her own?
A. No. From my understanding, Ms. Brown picked a hotel that was inexpensive because other people probably could not -- to my understanding, could not afford. I'm used to paying a certain amount.
Q. Okay.
A. And so she chose something that was inexpensive.
Q. Okay. And so everyone paid their way, she just made the arrangements?
A. Exactly.
Q. So in other words, she probably -- well, just assume -- I will assume that you will correct me if I'm wrong. She secured the room and said, all right, it's going to be $25, $30, whatever the amount was apiece, everyone paid by a certain date; is that fair to say?
A. That's correct.
Q. Same thing with the bus, she got a total for the bus, said everybody has to pay $10 or whatever, pay by a certain date?
A. That's correct.
Q. Okay. Did you pay Super 8 yourself or did you pay Ms. Brown?
A. Ms. Brown.
Q. Okay. So you paid her directly when she secured the rooms?
A. That's correct.
Q. Okay. So you get there, you tell your mother that you don't want to stay there. She tells you just one night. And what do you do?
A. I complain the whole time.
Q. Okay. When you say you "complain the whole time," describe who you're complaining to. Is it mainly your mother because you're staying with her?
A. No. I complained to two other people.
Q. Okay.
A. They're actually in the -- in the information I gave. Valeria Grange. And I complained to Ann Brown, who made the arrangements.
Q. Okay. And explain what you were complaining to them. Or when did you first complain to them? Was it still on the bus?
A. Yes.
Q. Okay. And what are you saying to them?
A. That I didn't want to stay at the hotel.
Q. Okay. And Ms. Brown, what were you saying to her?
A. My mom cut me off and told me to be quiet.
Q. Okay. So is it fair to say you were animated at this point about the hotel?
A. Yes, I was.
Q. Okay. Were you upset or angry, or were you just more kind of whining, for lack of a better term?
A. Upset, angry, because I'm used to staying at certain hotels. Not being bushie or bushwa; I just -- I'm used to staying in a certain level hotel, and I knew that Super 8 was not something I would ever pick.
Q. Was this your first trip with the group, ever, going to these --
A. No.
Q. So what sort of hotels did you-all normally stay in?
A. A little bit upper -- more class. I've stayed at Marriott.
Q. Okay.
A. Also the Hilton. And the -- there's another one, I can't think of it right now, but it's -- oh, Express.
Q. Holiday Inn Express?
A. Holiday Inn Express, yes. Those are the ones we stay in. That's pretty much the lowest level that we've ever stayed.
Q. Did Ms. Brown tell you anything about why she deviated from those hotels in this regard?
A. After we got home. At the time, my mom would not let me say anything. So out of respect, I did not say anything.
Q. Okay. What did she tell you after, when you got home?
A. She picked something that was more feasible for others to pay.
Q. Okay. So it sounded like a monetary issue led you-all that to that hotel?
A. Yes.
Q. Okay. So you're upset, you're talking to Ms. Brown, you're talking to Valeria, you're talking to your mother, all while you're still on the bus; is that fair to say?
A. That's correct.
Q. And during the bus trip -- and you don't recall who you were sitting next to, but is there anything going on in the bus in terms of any discussions, fighting or anything? Is there anything notable occurring on the bus?
A. Oh, no.
Q. Are you awake the whole time? It's a long trip.
A. No.
Q. I know I would sleep. So are you awake or are you sleeping?
A. Awake sometimes, sleep sometimes.
Q. In and out?
A. Uh-huh.
Q. Fair enough. So at some point I assume you get off the bus?
A. Yes.
Q. Okay. Do you have to check in or anything or is Ms. Brown taking care of all of that?
A. Ms. Brown is taking care of all of that.
Q. So you got your room key, I assume?
A. That's correct.
Q. And what do you do?
A. We proceed to our room.
Q. Okay.
A. As we're walking down the hall, it smells like urine. I asked my mom can we stay someplace else.
Q. And your mother says?
A. It's just one night.
Q. Okay.
A. By this time, out of respect for my mom, I just know not to ask her anymore.
Description of Room at Super 8
Q. Okay. And so when you get to your room, describe what you saw.
A. When we walked into the room, we first looked into the bathroom. The bathtub was rusted.
Q. Okay.
A. And the floor had spots. And there was a smell of between vomit --
Q. Okay.
A. -- I won't say cigarettes, but vomit.
Q. Okay.
A. So once we walked in, I told my mom, Let's see, maybe we can get another room.
Q. Okay.
A. She didn't want me to ask because she figured I would ask wrong.
Q. Okay.
A. So she went to ask for another room, and there was no more room available.
Q. Okay. And so at this point when your mother goes to ask for another room, do you stay in the room?
A. Yes.
Q. And what are you doing at that point? Are you looking at the room? Describe what you're doing.
A. Actually, I'm making sure to put my bags on top of the desk and not put it on top of the beds.
Q. Okay.
A. So I make sure that our bags were on the floor. So I put our bags on top of the desk. And I leaned across -- I leaned against the desk, waiting for her to come back.
Q. Okay. Have you actually gone through the room at that point or --
A. Once I looked at the bathroom and once I seen the floor, I knew that I didn't want to look at anything else.
Q. Okay. So when she came back and said there's no more rooms available, what did you do at that point?
A. Once again, she said it was one night. I told her I put all of our bags on top of the desk, and she agreed.
Q. To leave the bags on top of the desk?
A. On top of the desk.
Q. Okay. Around what time would you say you got into your room? Because you said around 1:00, 1:30 you arrived.
A. Maybe about 2:30, the latest.
Q. Okay. What was the plan at that point?
A. Check into the room. Some people were going to go out later on through -- I think there was a shuttle bus that picked them up.
Q. Okay.
A. To go wherever, Walmart or wherever.
Q. Okay.
A. But I didn't make any arrangements at all. Me and my mom didn't make any arrangements.
Q. So you and your mother just stayed at the hotel?
A. Yes.
Q. Between 2:30 and dinnertime, which let's say about 6 o'clock, what did you-all do, you and your mother?
A. There were two chairs there, we just sat in the chair, and then -- wait a minute. I'm sorry. Scratch that. The bus did pick us back up at 4:00, we did go with them to get something to eat at about 4 o'clock, 4 or 5 o'clock. And it was the charter bus that picked us up. They had a shuttle, but the charter bus picked us up to take us to have dinner, 7 4:00 or 5:00.
Q. So at this point had you changed clothes, had you washed up, had you done anything of that nature or did you just kind of sit with your mother?
A. No. We kept the same clothes on.
Q. Okay. Were you watching television or anything like that while you were sitting there?
A. We turned the TV on just for entertainment.
Q. Okay. And you went to go eat you said about 4:30, 5 o'clock?
A. Yes, about 4:30 or 5 o'clock, because we stayed there about two hours, as I remember, until about 7 o'clock.
Q. Where did you eat?
A. I don't remember.
Q. Okay. So you arrived back at the hotel about 7:00 p.m.?
A. That's correct.
Q. What did you do at that point?
A. Well, because we were so tired, we just decided just to take off our clothes, put on our pajamas. And initially we were going to take a bath until we seen the tub. My mom suggested we just do a dry wash.
Q. Okay.
A. Which meant washing out of the sink, don't touch anything.
Q. Okay. And so you didn't actually shower or anything like that?
A. No, not at all.
Q. And after you washed up, put on your PJs, you guys got in the bed?
A. Yes. We were pretty much tired by then.
Q. Okay. And before you got in the bed, did you look at the bed sheets or anything like that?
A. I just knew to pull back the quilts from what I've seen on television, so I rolled the quilts back. That was the only thing I ever seen on television. So we rolled the quilts back.
Q. Okay. Did you see anything?
A. No. Didn't think to even look for anything.
Q. Okay. And so you got in the beds. And then what?
A. Once we got in bed, I think we both pretty much went to sleep pretty quick.
Q. Okay.
Woke up around midnight itching really bad
A. I woke up at about -- I don't know if it was 11 o'clock or 12 -- somewhere between 11:00 and 1 o'clock in the morning, I don't know what time it was, I woke up and I woke my mom up, and I told my mom, I said, Mom, I'm itching really bad.
Q. Okay.
A. She told --
Q. Sorry. Go ahead.
A. She told me I probably got bit by the mosquitos that were down there. So that was between 11:00 and 1:00, I think, 1:00 a.m. Then I woke her up again at 3:30 or 4:00.
N. This document is from bedbugsbite.org and if you're reading this, you should be doing on that website.
Q. Okay.
A. And I called her out twice, because she was sleeping really good. I called out to her twice, and I said, Mom, I'm really itching really bad. And she said again, It's probably from mosquitos, because I got bit.
Q. Okay.
A. So I went back to sleep.
Q. Okay.
A. The next morning is when all the hell happened.
Q. Okay. So what time did you wake up at that point the next morning? 4 A. About 6:30.
Q. What time were you to be in church, do you recall?
A. Supposed to be there about 10:00, 9 or 8 10 o'clock. 9:00 a.m., 10:00 a.m. 9 Q. Okay. So tell me about that morning at 6:30.
A. When I woke up, I was scratching really bad, and I told my mom that I'm itching even worse. I got out of bed. And when I got out of bed, I noticed my pillow had bloodstains on it. I didn't say anything. I pulled back the sheets, and then I yelled. And when I yelled, my mom, I don't know why, she ran to the door, to go out the door. I don't know -- I don't know what she thought I was yelling, but she was already up out of the bed already. But she ran to the door and she was yelling: What? What? And I told her there was bugs in my bed.
Q. Okay. And then what happened?
A. Then my mom she says, are you sure? And I said, Yes, come and look at them. And she says, No, I don't want to see them. Then she says to me, Do you have your phone? I said yes. She said, Take a picture of it. I never would have thought of that. I took my cell phone and I began to take a picture, but I had to start killing them because they were just leaping everywhere, crawling everywhere, so I started to kill them with a napkin that was by the bed, a tissue. I started killing some of them.
Q. Do you have those pictures you took with your phone?
A. Yes, I gave that. Uh-huh.
Q. Okay. It's not -- is it part of the --
A. Video. I'm sorry. I took pictures -- video.
Q. Okay.
A. Video. I'm sorry. Video. Not pictures, video.
Q. Okay. And I'm assuming it's the video that -- I don't know how to we're going to capture the video, to be honest. I might just describe it. (Video playing.)
Q. Is this the video that you're referring to?
A. That's my hair video, isn't it? Yeah, that's the -- okay. Yes.
Q. Okay.
A. Okay.
Q. So we're going to say that she took the video that's captured as IMG_0274 the next morning; is that correct?
A. Yes.
Q. And after you took the video, what did you do?
A. My mom told me to make sure -- the first video, or it could have been the same video, she asked to make sure that I record the room badge, the room ticket. You hear her in the background actually say that, Get the badge, Get the ticket number -- sorry, room number.
Q. (Indicating)?
A. Yes, she's actually talking to me then.
Q. Okay.
A. Show the room -- (Video playing.)
Q. This is the one that your mom told you --
A. Yes.
Q. Okay.
A. She was instructing me what to do.
Q. So we'll say that that's IMG_0275. That's the video of the badge that you took on instruction from your mother?
A. Yes.
Q. And then what else did you do?
A. At that point, I was still itching. So as I was taking the video, I was scratching.
Q. Okay.
A. And so --
Q. Where were you scratching when you woke up? Let's back up a little it. So when you woke up between like 11:00 and 1:00 a.m., do you recall where you were scratching?
A. At first it was my neck and my chest.
Q. Okay.
A. Then it was my arms. Pretty much my arms I scratched at a great deal more, not knowing what was going on. My arms, my forearms.
Q. And both of your arms?
A. Both my arms. Then my hair. So I was going from my hair to my arms, my chest. I was just scratching all over like a mad woman.
Q. Okay.
A. Then my legs, my ankles, my feet. I was just scratching all over.
Q. And these are both ankles and both feet?
A. Yes.
Q. Okay. And so as you're taking the videos, you're also scratching all over at this point?
A. Yes. That's why the video is -- you see the video is sort of bumping around, because I'm scratching and taking the video at the same time.
Q. Okay. Got you. And so after you take the video --
A. I see you're scratching too (indicating).
Q. Yeah. When you talk about it, it makes you itch.
A. Everyone I tell the story to starts -- they start scratching.
Q. So after you take the video and you're itching, what do you do at that point?
A. My mom said to make sure I just got the information. And then I told her that -- to look at my back and see if she sees -- my face, see if she sees anything, my arm. And that's when she says she seen a lot of red dots at that time.
Q. Okay.
A. I stopped video at that time.
Q. Okay.
A. And she told me to go into the bathroom and put warm water on it, the mom thing. She told me to run the water, put a warm rag on it, maybe it will make it feel better, which it did. But once the warm water was off of it, it started scratching again.
Q. Okay. And so continue. What are you doing at this point?
A. At that point -- see, I'm starting to itch. At that point, my mom says to me, We have to get ready for church. And I told her I wasn't feeling good. At that point, I'm not saying I had a fever because I don't know if I had one, I just know something different happened, and my body -- I was feeling dizzy. The itching -- the itching could have been getting on my nerves. So I can't say it was a fever, but I do know I started feeling different. And my mom said did I want -- asked me did I want to go to the hospital, and I told her no.
Q. Okay. Did you get ready for church? What was your plan at that point?
A. Yes, I continued to get ready for church. And I got dressed and I just itched and scratched all the way through that. The bus finally came -- I'm sorry, I'm going ahead of myself. After I killed one of the bedbugs in the bed, my mom told me to take it out to the front desk.
Q. Okay.
50 or 100 bed bugs found and 3 killed
A. So I killed about three of them with the napkin, because there was at least -- I'm sure there was 50 or a hundred. But there was a lot of them. I killed about three of them with a napkin. I went out in my pajamas, I took it to the front desk, and I gave the napkin to Desiree Scott. We had conversation. I don't know if you want me to go into detail of that.
Q. I was just going to ask you, yes. So at that point -- is this your first time talking to Ms. Scott?
A. Yes.
Q. Okay. And you're still in your PJs, you've got the napkin --
A. Yes.
Q. -- and it's filled with about three bedbugs, you said?
A. Yes.
Q. And did you take a picture or anything of the napkin with the bedbugs?
A. No.
Q. Okay. So you talk to Ms. Scott. What do you say to her initially?
A. I asked her could I speak to the manager. She asked if she could help me. I told her that there were bugs in my bed. And she says, Are they in there now? I told her yes. I said, And here's three of them -- or here is a couple of them in the napkin. I gave her the napkin. She said could I wait a minute, and she talked to someone, I don't know if it was a manager.
Q. Did she go on the phone or how did --
A. She walked out of the receptionist area to a back door. And she said she would check the room once we leave. I told her we were checking out within a half an hour, and she asked me to leave information with her so she can contact me.
Q. What did you do with the napkin at that point?
A. I gave it to Ms. Desiree Scott.
Q. Okay. Did she look at the napkin? Did she say anything about the napkin?
A. No. She wrapped it up and put it in another napkin for the manager to see. That's what she -- she said she would give the napkin to the manager.
Q. Okay. But she never acknowledged what she saw or --
A. No.
Q. -- acknowledged seeing the napkin? Okay. And so after that back and forth where you left her information and you gave her the napkin, you went back to your room?
A. Yes.
Q. Okay. And what did you do at that point?
A. At that point, we packed up and getting ready to get back on the charter bus to go to church.
Q. Okay.
A. After I got dressed, obviously.
Q. Okay. And you said you did that about 30 minutes?
A. Yes.
Q. So you checked out. During that period, did you see any more bugs back in the room when you went back?
A. Yes.
Q. And you saw them where?
A. They were on -- still on my pillow.
Q. Okay.
A. And my mom said, By the way, my ankle was itching last night.
Q. Okay.
A. And then I pulled back her spread and there was about ten bedbugs in her ankle area, the ankle area. And she said, I'm glad I chose this bed and not the other bed because I'm diabetic, I don't think I could have survived that.
Q. Okay.
A. So there was only about 10 or 15 in her bed, which I took a video of that as well.
Q. Okay. Let's see if we can pull that one up. (Video played.)
A. That's me at home. That's another one.
Q. Okay.
A. That's at the -- a little bit ahead. Uh-huh. That's as the bites start swelling. (Video played.)
Q. Could you have done it all at the same time?
A. Yes.
Q. Your mother's and --
A. Oh, no. I did -- I think I did my video first, and then I did hers later. Or it could have been at the same time. I'm not sure. Maybe it's in the same video.
Q. Okay. I think it might have been when I reviewed the video.
A. Okay.
Q. But at some point you took both videos --
A. Right. But she told me later on that her ankle was itching, so I didn't know it was the same video, I thought I had stopped videotaping.
Q. Did you look at her ankle to see -- note anything on it?
A. No, because she said she was just itching, not as bad as I was itching. I thought maybe she got bit by a mosquito. But she asked me to look in her bed for her. She was afraid to look in her bed.
Q. Okay. Got you. But you didn't actually look at her ankle?
A. No.
Q. Okay. And you took note of the bedbugs you saw there --
A. Yes.
Q. -- and video'ed it?
A. Yes.
Q. Okay. And then you said you leave to go to church?
A. Yes, that's correct.
Q. Okay. As you're leaving, do you have any more contact with anybody that works --
A. Oh, yes, everyone who would listen to me.
Q. Okay. So let's talk about that. So you're leaving and you're talking to everybody --
A. Everyone.
Q. And who is that?
A. I can't -- maybe --
Q. Was that everyone in your group?
A. Well, not the whole bus, obviously, but at least 10 or 15 people on the bus, yes, I made it known that I was unhappy.
Q. Okay.
A. So one person's name -- I think her name is Cathy, I don't know her last name, I'll get that for you later on. So everyone from Cathy, Ann Brown, Valeria Grange, I don't remember -- oh --
Q. The reverend?
A. Yes -- no, he wasn't there. He stayed at the Marriott. Lucky him.
Q. Really?
A. Okay. Anyway, we'll leave that alone.
Q. So he's not there, but --
A. No.
Q. -- you talked to him at some point about it?
A. Yes, when we got to the church, because I was in church very fidgety, and I had to go to the pulpit, so it didn't look too good being in the pulpit scratching.
Q. Okay.
A. But when we got ready to leave, I just informed Ann, particularly, what happened.
Q. And what are you telling Ann?
A. I'm telling Ann that I have bites over my body. And I think she felt bad because she wouldn't talk to me.
Q. Okay.
A. And matter of fact, she did not talk to me for probably two months afterwards.
Q. Okay.
A. So it was obvious --
Q. But you had told her prior to staying there you didn't want to be there?
A. Yeah. Well, prior to staying there, when
we were on the bus, right. But prior to staying there, I think -- from what I understand, others had complain -- I didn't know this until after the fact, others had complained they did not want to go to Super 8. So this is my understanding after the fact. So when I did complain to her, come to find out others had said, you know, they didn't want to stay at Super 8, and had they known she booked Super 8, they wouldn't have went on the trip.
Q. Okay.
A. After the fact.
Q. Got you. Okay. So you're complaining to Ann.
A. Yes.
Q. She's not really talking to you at this point?
A. No. No.
Q. Valeria, what is she saying?
A. She got bit on her chest.
Q. Okay. Go ahead.
A. But after the fact, again. Because she's not allergic. This is the only reason why this situation is bigger. She got bit, it was a little bite, like a mosquito, she scratched, scratched, scratched, nothing happened; but because she's not allergic, she got bit on the chest area, and hers cleared up within a couple of days. That's the big difference between her bite and my bite.
Q. Did she say she saw bedbugs or --
A. Yeah. She said they -- on her chest. She thought -- she didn't know what it was. And so I told her that mines was bedbugs. She thought it was also mosquito. But she knew all night that she was itching. So with her, she didn't know what it was, she just knew that all night she was itching on her chest.
Q. So she knew she received some form of a bite?
A. Yes.
Q. She never actually saw what the source of the bite was?
A. No.
Q. But because of what you were telling her --
A. Exactly.
Q. -- she was assuming it was a bedbug?
A. Exactly. Exactly.
Q. Okay.
A. And others said that they were itching during the night, but they thought it was mosquitos.
Q. Okay. So it seems it's fair to say you're probably the only person that investigated to see what the source of the itching was?
A. Yes.
Q. So while other people were complaining about itching --
A. Yes.
Q. -- you're the only one that actually saw the bugs --
A. Yes.
Q. -- the bedbugs?
A. Exactly.
Q. Okay.
A. The next day?
Q. No.
A. Okay. Not yet.
Q. So once you're in church and you're complaining and itching, and you tell the reverend what happened, what happens at that point?
A. My mom, she didn't want me to report it to the pastor because she felt bad, she didn't want the pastor to feel bad.
Q. Okay.
A. And in straight words, I said to hell with the pastor.
Q. Okay.
A. I have to say what I said.
Q. Understood.
A. Because I was really sick at that point, and I actually said that. I have a very bad mouth, so excuse me. But I did say that. So she says, What am I going to do? And so I said, I'm going to tell the pastor so he would know.
Q. Okay.
A. So I told my pastor. Before he preached, I let him know what was going on. And so he immediately said, File a complaint.
Q. And so what did you do at that point? You went through the service?
A. Long church service. So once he said that, I was just thinking this point -- he said, File a complaint.
Q. Okay.
A. So once he said that, then I knew I had his blessings.
Q. And you got through the service, I assume?
A. Yes.
Q. And what is the plan? Is it to get right back on the bus and to go back up north?
A. Yes. Yes.
Q. Okay. Do you stop anywhere?
A. We stop at -- one time -- we didn't do the restaurant thing this time because we had takeout bags from the church, takeout meals, so we had a bagged lunch, so we didn't have to stop but once maybe for the bathroom.
Q. Okay. You don't remember the church you fellowshipped with?
A. No, I don't. No.
Q. Okay. Are so you don't really stop other than like you said, to go to the bathroom?
A. Right. That's correct.
Q. And it was about an eight-hour trip, you said, to get to Farmingdale?
A. That's correct.
Q. So what time do you arrive home?
A. I don't remember.
Q. Was it evening?
A. It was evening. Uh-huh.
Q. Okay. So it's dark at that point?
A. 10:00, 11:00 p.m., not really sure.
Q. Okay. During that ride, how are you feeling? Describe physically what's going on during the ride back.
A. The itching I knew was not normal. I'd never been bitten by a bedbug, so I didn't know what I was supposed to feel.
Q. Okay.
A. But I knew the itching wasn't the same as a mosquito bite.
Q. Describe how.
A. The itching was down to my bone, wherein every time I -- I couldn't satisfy with a scratch. So if I kept scratching, I knew I would possibly, I guess, burst the bite. So my mom had told me don't scratch, if I can, to just pat it.
Q. Okay.
A. So I just began to pat the bites. Wherever they were, I pat as hard as I could, just pat the bites all the way home.
Q. Did you stop and get any sort of topical medication?
A. No.
Q. Any cortisone cream, anything like that?
A. No.
Q. Okay. Did you sleep or anything during the ride?
A. I mean, off and on I probably dozed, but it wasn't a restful sleep as I did on the way there.
Q. And when you got back to Farmingdale, to the church, was your car left there or how did you get home?
A. Yes, I had a car there. Me and my mom drove together.
Q. Okay. And so did you drop your mom off? What did you do at that point?
A. I dropped my mom off first.
Q. And then you went home?
A. Then I went home.
Q. Didn't stop to get any sort of cortisone cream, anything like that?
A. No.
Q. And then what did you do when you got home?
She knew to leave her possibly infected bag at the front door
A. Because I knew I had bugs in my bed, I was afraid, so I left my bag -- I have a foyer, upstairs, downstairs, so I left my bags downstairs by the front door. I knew to do that. I left my bags there.
Q. Okay.
A. My mom told me to take Benadryl to stop the itching.
Q. Okay.
A. I took Benadryl, it didn't do anything for the itching at all.
Q. Okay.
A. Other than knock me out.
Q. So the next morning you get up or did you get up during the night?
A. All night. I didn't sleep all night. I sat up. I wrapped myself in T-shirts so that I wouldn't scratch myself. I was thinking about a baby, when you cover their fingernails from scratching. So I covered my body with about five T-shirts, and I sat up all night.
Q. Okay.
A. The itching was burning, painful, to the bone. I had stiffness all over my body. Wherever there was a bite, there was a stiffness, there was a tightness in my muscle.
Q. Okay. And with the itching and the burning and the tightness, you didn't think you needed to go to the hospital at any point?
A. I never experienced being bit like that, so I figured I could wait until the next day to go to the -- I knew I was going to go to my primary care physician. I knew I was going to do that, so I was trying to hold off to that. Had I experienced something like that before, I probably would have went to the hospital.
N. You'll find great information, much like this document that you are reading on bedbugsbite . com that help shed light on the fight involving bed bugs.
Q. Okay. During this period of time, other than maybe a little bit of being nervous from it all, did you experience like a shortness of breath, accelerated heart rate, anything that made you feel like you were --
A. The accelerated heart rate was because I didn't know what was going on.
Q. So like an anxiety issue?
A. Yes, I did have that. I didn't know -- because I knew from mosquito bites I never received -- I never experienced like that. So I didn't know what was going on.
Q. Okay.
A. Had someone explained to me or told me this is what happens when you get bit by bedbugs, I would have known. But because I didn't know, I had accelerated, you know, heart rate. But I have a problem with PTSD, so -- well, along with that.
Q. Well, I guess what I'm trying to get at is you didn't have any situation where you were going into like an anaphylactic shock where --
A. What's an anaphylactic shock?
Q. A very serious shock from an allergic reaction where you could have difficulty breathing to the point where you stopped breathing.
A. Oh, no, didn't have that. No, didn't have that.
Q. Okay.
A. Just more anxiety than anything else.
Q. Okay.
A. And very warm all over my body.
Q. Okay. So that night, that was a tough night it sounds like?
A. You're still scratching (indicating).
Q. No, it's the sweater too. You're wrapped up and everything like that?
A. Yes.
Q. You get up and go to your PCP, I assume?
A. Yeah. I called immediately as soon as they opened.
Q. Is it Dr. Biririan?
A. Dr. Biririan.
Q. Okay. B-I-R-I-R-I-A-N?
A. That's correct.
Q. Okay. And that's your PCP?
A. That's correct.
Q. Okay. And did you get an appointment that same day?
A. I asked for emergency intake to see him that morning because I got bit by bugs.
Q. And were you able to get in that same day?
A. Yes.
Q. And so that would have been that Monday?
A. Yes.
Q. Okay. So that would have been on September 15th? 3 A. 15th.
Q. Okay. So describe that particular visit.
A. When I got to the doctor, normally you have to wait, but they seen what I was going through. At that point I was patting myself probably too hard, so they thought I was beating myself up. But I was patting myself. And they asked for me to come in right away. My doctor said he would see me in a minute. He took me to a room. And this is where I guess I got frightened, because when he came in he said, I hear you got bit by bugs. I said yes. And he said, Where? I said, All over my body. And he asked me to lift my shirt up. When I lift my shirt up, he jumped, was like, Oh, my God, and he ran out the office. He ran out the office and he didn't come back. So he said, I'm sorry -- I mean, he came back, he said, I'm sorry, I had to go and cancel my next appointment, this is not a regular bite, you have an allergic reaction. Because what had happened was the -- I didn't realize the -- each bite, there was fluid coming out of it. So over 42 bites, was nothing but fluid or pus coming out. I didn't realize it, I just knew I had the shirts around it. So he said you need to do a consultation, which means -- that's why he had to cancel the next appointment. So he said, Evidentially you've never been bitten by a bedbug, he said, because you would know allergic reaction.
Q. Okay.
A. And I asked him how could I not know. So he shared with me a story so I could understand about the bedbugs. He said his friend does lawns or whatever you want to call it when you beautify the lawns, what is it called? Not manicure, but --
Q. I know what you mean.
A. It's manicure the lawns. Okay. He does landscape, and his friend had been doing it for 25 years, this friend just got bit a month before he spoke to me, and the friend swelled exactly the way I was. He said for 25 years he had not never gotten bit by a bee, so obviously he didn't know. So he said with me, he knew I was a ex-flight attendant, with all the hotels I stayed in, if they had bedbugs, I would have known because I had a allergic reaction. He said I'm allergic to the venom, he said it's not called venom, but it's the venom that's in the bedbug, my body's allergic to it, and that's why the bites were so severe.
Q. Okay. Got you. So just -- I'm looking at the record here from Dr. Biririan. So it looks like he did give you an examination. So like you said, he cancelled his previous --
A. His next appointment.
Q. -- his next appointment --
A. Uh-huh.
Q. -- so that he could give you a full examination?
A. Consultation. Uh-huh.
Q. Okay. So at that point he indicates that you're well developed, your body habits are normal, you're uncomfortable due to the bites. Everything else was normal, thankfully, your throat, your neck, thyroid, your lungs, cardiac, abdomen.
A. That's correct.
Q. Your skin, other than the bedbugs, mostly to your arms, torso, a few on the face. He said all your joints no swelling or tenderness. Your nerves were normal to the examination. Your speech was normal. And then he diagnosed you with insect bite, multiple, unspecified sites, without infection. Is that correct to your understanding?
A. That's my understanding, yeah.
Q. And at that point it looks like you were prescribed cream, which was probably like a hydrocortisone cream?
A. That's correct.
Q. Applied to the skin two times for about two weeks; is that correct?
A. That's correct.
Q. Okay. And he said discuss processing of clothing. Do you recall what that --
A. Yes. He asked me what happened to the clothing that I brought back with me, and I told him I had an idea that I should not bring the clothes into my home, I left them downstairs in the foyer. And he told me to have them treated.
Q. Okay. And then he told you to take the topical steroid for local reactions; is that correct?
A. That's correct.
Q. And you weren't really admitted, but you were discharged that particular day?
A. That's correct.
Q. You filled the prescription? And this was a prescription, steroid --
A. That's correct.
Q. It looks like one of the over-the-counter ones?
A. Prescription, that's correct.
Q. Okay. And you came back on the 29th for a follow-up. And he indicated that at that point you are point comfortable, your vital signs are regular. You were taking the medication, the Cutivate cream?
A. That's correct.
Q. And again he did another full evaluation for you?
A. That's correct.
Q. And at that point, similarly, neck, throat, other physical parts of you are normal. It appears your neck, your thyroid, lungs, cardiac were all within normal limits. And then at that point he tells you to stop taking the cream because your course is completed; is that correct?
A. That's correct.
Q. And then told you to follow up as needed. And then told you to follow up for some personal regular --
A. Exactly.
Q. Okay. Between the 15th when you went and saw him and the 29th, describe sort of what's going on physically with you.
A. The bites are still on my body, I guess the marks. But the feverish thing -- the feverish feeling didn't go away.
Q. Okay.
A. Although I didn't have a fever, but the feverish feeling didn't go away.
Q. Okay. Rewind. So when would you say the bites started to go away?
A. Well, some of them haven't. I still have scars.
Q. Okay. Well, did you say that they were going away or --
A. Oh. Going away as in the bites -- oh, they weren't swelled like that.
Q. Okay.
A. To that degree, what's on the picture.
Q. So let's talk about the pictures. We previously marked as them as collectively Exhibit 1. And we've got a picture of -- let's describe this one. This looks to be I guess your right arm?
A. Right arm.
Q. Okay. And this is the side to the back of your right arm; is that correct?
A. That's correct.
Q. And can you circle where -- because the quality's a little bit off. Can you circle what you're showing in that picture?
A. I'm showing the top of the forearm, the middle of the foreman, the wrist of that arm, the lower wrist of that arm.
Q. Okay. And those were bites that you were showing in that picture; is that correct?
A. That's correct.
Q. About when would you say you took this picture?
A. That was the next day, that was the day -- the 15th.
Q. The day you saw the doctor?
A. Yes
Q. Okay. Was it after you saw the doctor?
A. That was after I seen the doctor.
Q. Had you started the treatment at that point?
A. No.
Q. Okay. So you hadn't started using any of the cream?
A. No.
Q. Okay.
A. No.
Q. The next picture I'm going to show you looks to be your face on the left side; is that correct?
A. That's correct.
Q. And what are you showing in this picture?
A. I have about five to eight bites on my face.
Q. Can you circle where the bites would be?
A. Yes, I can. (Witness complies.)
Q. Okay. And these are pictures of your cheekbone side of your face area; correct?
A. Yes. I have moles on my face as well, so I didn't want you to mix it up, with the moles and the bites.
Q. Okay. The next picture looks to be your left shoulder; is that correct?
A. That's correct.
Q. And can you circle there where you are hoping to show --
A. There's a great deal of bites on this one. (Witness complies.) Eight, nine, ten.
Q. And then the next picture we have is your back on the -- it seems like the left side again, primarily?
A. Yes. I wanted to show specifically where some of the bites had swollen and --
Q. And I'm assuming this is the same day, the 7 15th?
A. Yes. This is all the same day.
Q. Okay. You're going to have to describe what that picture is.
A. Yes. This picture -- figure out for myself. This picture has my arm bent up towards my ear. My right -- my left arm is bent up towards my ear.
Q. Okay. So almost like you're making a biceps curl?
A. Like I'm making a biceps curl, that's correct. So my left arm is bent up to my ear.
Q. Okay. And can you circle on that picture as well?
A. I want to make sure I got this right.
Q. Okay.
A. No, there's a garbage can in this picture. Make it so you can see. There's a garbage can in this picture. The garbage can is on the bottom. So this must be my right arm bent up.
Q. Okay. So it's your right arm --
A. My right arm that's bent up to my ear, making a bicep curl.
Q. Okay.
Bites filled with pus and began to pop
A. And I wanted to show where these bites had began to pop and they were filled with pus.
Q. And that's the same -- the 15th?
A. Yes. All on the 15th.
Q. Okay. And then we have another one which looks to be your right arm.
A. Left arm.
Q. The left arm, okay.
A. That's my left arm. These are also the bites that got the worst as well. These are the ones that filled with fluid.
Q. And this is your back?
A. Yes. This is my back, on the left side of my back.
Q. And this is the back of your neck?
A. Yes. This is the back of my neck, right in the nape area.
Q. This is the back of your right arm?
A. Yes, back of my -- this is one back where it also burst.
Q. And this is your left arm?
A. Yes. These also burst.
Q. And this is your left shoulder?
A. Yes. And this is one that also burst.
Q. Did you take these pictures or did you have help?
A. My mom took the pictures for me.
Q. Okay. But you took them all on the same date, on the 15th?
A. All on the same date.
Q. Okay.
A. It's actually locked into my iPhone, if you want to see that as well.
Q. Okay. So after you went to the doctor, filled the prescription, you said at some point the -- they don't necessarily go away because some of them you said scarred, but --
A. Yeah.
Q. -- they did start to diminish in size; is that correct?
A. Yes.
Q. And the cream that you're using, is it also alleviating some of the itching and that sort of feeling?
A. Yes.
Q. And how often would you take the cream?
A. At that point, I over-medicated myself. I would take it in the morning, between --
Q. Would you apply it, I should say.
A. I would apply it when I would get up in the morning around 7 o'clock. I applied it again at 9 o'clock. I applied again around lunchtime. I applied again around 2:00. I applied again around 5:00. And I applied again around 9:00. And then if I'd wake up in the middle of the night. But it worked for me doing it that way.
Q. Okay. Were you supposed to take it a certain time or -- I know it was a two-week prescription, but were you supposed to take it twice a day, three times, or it was as needed?
A. I think it was a as needed.
Q. Okay. And when would you say you started to see some of them start to diminish in size?
A. In the beginning of November.
Q. Okay. So when you saw the doctor on the 29th and he didn't make another prescription for it, was that because they were still -- why wouldn't he make you another prescription for that?
A. Because I was satisfied with the cream.
Q. Okay.
A. He wanted to give me injections if I needed it.
Q. Okay.
A. And I told him no, I was satisfied with the cream.
Q. Okay. And at that point he discharges you, says follow up as needed; correct?
A. That's correct.
Q. And you don't go back to him for this particular treatment?
A. No --
Q. -- I mean for this particular issue?
A. No. I then go to the VA Medical Center, you know, they wouldn't pay for me to go to him.
Q. Okay. So Dr. Biririan, he's your personal physician, not through the VA?
A. Right. He's called -- it's called out of network.
Q. Okay. So when you go to him, I assume you have to pay for him yourself is what you're saying?
A. No. It's through Obamacare, because I'm a veteran.
Q. Okay. So you're eligible to go to Dr. Biririan through Obamacare?
A. That's correct.
Q. But at some point you have to stop?
A. Yes. The VA -- even though I'm through the Obamacare, because I'm a veteran, the VA oversees every medical procedure regardless of that because I am a veteran.
Q. Okay. So at some point did you call Dr. Biririan's office to get another appointment and you were denied? What happened?
A. Yes. I called to get another visit because I started some swelling at November, October.
Q. Okay.
A. I started some swelling.
Q. And that would be of 2014?
A. That's correct.
Q. Okay. And where was the swelling?
A. It was my ankle and foot. To be specific, of the left ankle and foot.
Q. Okay. And why don't you have any pictures of your ankle or foot in those particular --
A. I took -- I sent videos of that.
Q. Okay. But initially --
A. No, initially -- because my body was the worst, the foot only had maybe five or six bites, the body was so covered massively with that, I didn't focus on the feet.
Q. Okay.
A. The body had 42, 45 bites all over. The foot basically just itched.
Q. Okay.
A. So I focused on what was the worst.
Q. Okay. And you said the left ankle and foot; correct?
A. That's correct.
Q. Okay. And that's the same ankle and foot area that you had previously fractured; correct?
A. That's correct.
Q. Okay. And these initial pictures that you took on the 15th don't have any feet or ankle pictures --
A. No.
Q. -- on them mainly because at that point they weren't really bothering you?
A. That's correct.
Q. Okay. And when did you first try to go back to see Dr. Biririan?
A. November.
Q. Okay. And that was related to, this time, your ankle and your foot?
A. That's correct.
Q. Of your left side?
A. That's correct.
Q. And it was denied by the VA?
A. That's correct.
Q. So what did you do at that point?
A. Nothing.
Q. Okay.
A. I continued to apply the cream until I used it -- used it up, almost used it up.
Q. So you said the ankle and the foot began hurting in October or November?
A. Uh-huh. That's correct.
Q. And what's the symptom that you're feeling at that point?
A. The same itchiness and the swelling to a point where I couldn't get my shoes on.
Q. Okay. And at that point are you -- is it safe to say that the arm, the back of the neck, the body, that swelling has gone down?
A. That's healing.
Q. Okay.
A. That's correct.
Q. So while the body and the other parts are healing, the foot and the ankle is now starting to manifest itself; is that fair to say?
A. That's correct.
Q. Okay. Were you using the cream initially on your foot and your ankle as well as your body?
A. That's correct.
Q. So during that period in September -- after the September 15th visit with the doctor, you were using the cream on your ankle and foot as well?
A. That's correct.
Q. Okay. Describe how you learned the -- your attempt to go get additional treatment was denied.
A. Dr. Biririan, when he submits his paperwork, however he submits his paperwork, it goes through the VA some type of way, I'm not a part of that as the patient, the veteran, and it comes back that I'm not authorized to treat you, the VA wants you to come there to see them.
Q. Okay. So did he actually treat you and then it went -- they said he's not authorized, or these two visits he treated you and then it was bounced back to the VA?
A. Exactly.
Q. So when you tried to go back in November, I think is what you said --
A. That's correct.
Q. -- he had already learned that those prior two treatments were not accepted by the VA?
A. That's correct.
Q. Okay.
A. He seen me pro bono to make -- he wanted to make sure he took care of at least the initial problem.
Q. Okay.
A. So he did see that. I don't know how he worked that out. But he seen me on his own. I don't know how he wrote it off.
Q. When you say "on his own," that was the 29th and the --
A. Yes.
Q. That was the 15th and the 29th of September --
A. That's correct.
Q. -- of 2014?
A. That's correct.
Q. But any additional treatment, he wasn't going to be able to see you?
A. Exactly.
Q. So when did you first present at the VA?
A. In November.
Q. Okay. And I assume these are in the records as well?
A. They wouldn't see me until March.
Q. Okay. So when you called in I guess November of 2014 to make an appointment, I assume -- what happened? Just describe what happened.
A. In November, end of November, I called the VA to make an appointment in reference to my feet swelling. I was given a call back from -- I don't know who it was, it wasn't my primary care, saying that it could be something because my left foot was -- they see my left foot was sprained back some years ago, it could be something exacerbated.
Q. Okay.
A. I told them no, it was already seen -- I was already seen by Dr. Biririan and he says because bedbug bites.
Q. Okay.
A. The VA denied instead -- because of the bedbugs, they said it had to be because of the sprain, and so they would call in to get me a brace. So they called in, and had to go to the VA and I would pick up a brace.
Q. Okay.
A. They didn't see me until March.
Q. So they called in a brace prior to seeing you?
A. Yes.
Q. How did they know about a sprain?
A. Well, because their records already show they treated the sprain -- not the sprain, the fracture that I had, they did the cast for me, so all that was in the record.
Q. Okay.
A. They told me to try the brace first, and if it didn't work out then I'd make an appointment.
Q. So in between November of 2014 and March of 2015, your only contact with medical -- any sort of medical treatment is through the phone with the VA?
A. That's correct.
Q. And then as a result of the phone contact with them, they send you -- or they tell you to get a brace for your ankle?
A. That's correct.
Q. And did you get the brace?
A. Yes, I did.
Q. And what happened at that point? When did you get the brace?
A. About end of February.
Q. Okay. And did you use the brace?
A. Yes.
Q. And what were you finding from the brace?
A. The swelling got worse. And then at that point is when the right foot also began to swell. That's why they was willing to make an appointment with me.
Q. Okay. So the right foot started swelling at some point in February?
A. February, that's correct.
Q. Of 2015?
A. That's correct.
Q. Okay. And you get an appointment in March?
A. That's correct.
Q. And I'm just trying to find the March records.
A. I should have them back there somewhere.
Q. Okay. I have an April 2nd, 2015.
A. Oh. Oh. That's what it is?
Q. Okay. Here's a March 24.
A. There you go. That's a old one -- and what doctor does it say -- well, as long as it was March, that's -- I knew it was March, yeah.
Q. Primary care note, March.
A. Okay.
Q. And it says here -- so at this point you -- at this point, both of your ankles are swelling; is that what you're saying?
A. That's correct.
Q. Is it your ankles or your feet that are swollen?
A. Both. That's why I make sure it's stressed, it's the ankle and the foot.
Q. Okay.
A. So it's around the ankle and the foot. That's why at first they said it had to be from the fracture, because they would not even pay attention to that.
Q. Do you recall asking for physical therapy or anything over this?
A. No, I didn't ask anything. I didn't know what to do.
Q. Okay.
She knows she was bitten by Bed Bugs
A. I just know that I got bit by the bedbugs, and it was the same swelling that I had back in September, it was the exact same swelling.
Q. Okay. So what did they treat you for at that point?
A. At that point they just gave me Ace bandages and foot braces, and they gave me an antibiotic. And so none of that was working, and that's when, after that, they started trying to do tests with rheumatology, et cetera, and -- but they would not conclude that it was from the bedbugs, so they never would give me a diagnosis.
Q. Okay.
A. But prior to that, because it was the left foot, they kept referring back to the fracture, until the right foot got swollen, so they knew they couldn't refer back to the fracture.
Q. Okay.
A. So once they realized they were wrong, they wouldn't give me a diagnosis.
Q. And then it seems like they gave you Ace bandages?
A. Ace bandages, yes.
Q. At one point it says they advised you to go to the ER but you refused. Do you recall that?
A. Yes.
Q. Why did you refuse to go to the ER?
A. What it was, they told me if -- they said if I can't get an appointment on the same day -- I need an appointment with my doctor. They said if you need an appointment, the only way you're going to get one is to go to the ER.
Q. Okay.
A. And I didn't -- that didn't make sense. I said, I don't have an emergency, I want to see my doctor.
Q. When you went on March 27th -- or, I'm sorry, March 24th, it looks like there was an additional visit on the 27th --
A. Uh-huh.
Q. -- are you aware that when they examined you, they said that there was no other joint pain or swelling, no fever, no chills, no rash, on that area of your ankle and your foot?
A. I'm aware of that.
Q. Okay. So by then is it fair to say the rash had gone?
A. The rash -- there was swelling, that's the reason why they put the foot is swelling.
Q. But there's no rash?
A. No rash, yes.
Q. Okay. So there's no actual signs of bites on that area at that point?
A. Exactly.
Q. Okay. And so it looks like they send you to podiatry?
A. That's correct.
Q. And so you went to podiatry on March 31st?
A. That's correct.
Q. And your records are still sort of referring to more so of a left foot pain; is that fair to say?
A. Yes. That's correct.
Q. But you're saying that both of your feet at this point are paining you?
A. That's correct.
Q. Okay. At this point they did a dermatological exam, so saw no signs of infection, no edema, no arrythmia, no hyperpigmentation, no open wounds, and that seems to be left ankle/foot. Is that correct?
A. That's correct.
Q. And so at this point it's still a swollen issue?
A. That's correct.
Q. And so it looks like they want you to do an MRI?
A. That's correct.
Q. Okay. Well, no, they have you do x-rays.
A. Okay. Whatever's on the record.
Q. Not an MRI.
A. Whatever's on the record.
Q. Yeah, I'm just trying to walk us through all of these.
A. Uh-huh.
Q. Okay. So you do the x-rays. And that's when I think it started over here. And by April 2nd you return to podiatry, and this is with Dr. Cramer. Does that sound familiar?
A. Yes.
Q. And you're using the Ace bandages to control the swelling. And it says here that you relate that the pain and swelling has improved since your previous appointment. Do you recall it improving around April 12 of 2015?
A. Yeah. The Ace bandage allowed me to walk on it better, support --
Q. And it says here that you relate that you do not have pain when ambulating, which is moving. Is that correct?
A. That's correct.
Q. And again, here it says here that you state you were bitten by bedbugs, and since March 1st chronically swelling with discomfort in your left foot, but that you have no other pedal complaints. Is that correct?
A. That's correct.
Q. It seems here again they do another examination of you, and they look at your x-ray from the 1st, which was the day before, and they see no acute fracture at this location of your left foot, but they see something called a pes planus in your left foot. Are you aware that they found something in your left foot?
A. No.
Q. Okay. That they find mild degenerative changes as well. Are you aware of that?
A. No.
Q. And that they found a very mild arthropathy of your first joint of your left foot. Are you aware that they found that?
A. No.
Q. Okay.
A. Maybe in their terminology they just kept seeing the fracture from -- that was their terminology they gave me, what you just read.
Q. Okay.
A. You understand. Oh, well, you see this is happening, but it's from your fracture that you had from before.
Q. Before?
A. That's the terminology I think they're using.
Q. And then at this point they're saying you have a suspected peroneal tendonitis of your left foot, a possible sprain of your left foot, and then this mild pes planus of your left foot, and edema which is resolving at that point. And so at this point they're not noting anything about the bedbug bites --
A. Exactly.
Q. -- related to the left foot swelling?
A. That's correct.
Q. Okay. You're going to continue the Epsom salts at that point, the Ace bandage on your foot. What. Is a Darco shoe? Do you recall a Darco shoe?
A. Yes.
Q. What was that?
A. It's about the size of a big man's boot.
Q. Okay.
A. You put the Ace bandage on, you cannot put a shoe on, that's at the point your foot's too swollen, and you wear that out. It's almost as if you had a cast on.
Q. Okay.
A. So yes, I had that.
Q. So their next course of treatment is an MRI. You've already had the x-ray.
A. That's correct.
Q. And so they want you to do an MRI. And that seemed to have taken place on or about April 13th. And this is an MRI of your ankle in particular. And at this point they say no fracture or dislocation, no abnormal marrow within the bone or the ankle. And then they do see -- again, this is medical jargon -- an anterior talofibular ligament which is ill-defined, reflecting chronic sprain? Do you recall them saying anything about a chronic sprain?
A. Their main words they kept telling me is that it has to relate to the fracture that I had back in -- whatever year I had that sprain.
Q. Okay. And there's no evidence of muscle edema or atrophy; no evidence of denervation, edema or atrophy; and it's generalized soft tissue swelling at the ankle, extending into the dorsum of the foot. And so that's from the MRI results. And they kind of sum them up saying that you have pes planus deformity noted, and a chronic ATFL sprain of your ankle. Do you recall them discussing any of that with you?
A. No. They kept referring to the other fracture, which I kept telling them I did not sprain -- they thought that I sprained my foot recently.
Q. Okay.
A. And I told them no, the swelling is not from me spraining my foot recently --
Q. Okay.
A. -- the swelling is from the bedbugs. But they kept relating to the fracture for swelling --
Q. Okay. And that's despite the fact that the MRI actually does show a sprain?
A. Yes.
Q. Okay. So that's on April 13th. And let's see. You go back to podiatry, Dr. McRudin. Does that sound familiar?
A. Yes.
Q. And that's on the 14th. So the day after the MRI he wants to see you back. And it appears here again does a dermatological exam; skin is warm, dry and supple; there are no open lesions or maceration noted. So again, they're not noting any of the bites or anything on that area --
A. Right.
Q. -- just the swelling? Again, they want you to use the Ace bandages to control the swelling. And it says here that you relate the pain in your left foot 4 to 10; is that correct?
A. Yes.
Q. And then here they write: She does relate ankle sprain 10-plus years prior. So in other words, I think you agree that there had been a sprain in the past?
A. They asked me -- yes, they asked me did I have a sprain, yes.
Q. Okay.
A. They're trying to connect the ten years prior with that. So they asked me did you have a -- yes, I had a sprain, but this is not because of the sprain. Please take notice this deposition is found on bedbugsbite.org
Q. Okay.
A. For some reason they just kept staying away from the bedbugs.
Q. And each time you were presenting at the doctor, are they taking your temperature and your vital signs and all of that?
A. Yes.
Q. And it's all coming back normal as well, is that correct?
A. Sometimes the blood pressure was up every now and then.
Q. Okay. Do you have blood pressure issues?
A. No, not at all.
Q. Okay. Do you ever get nervous when you go to the doctor and have elevated blood pressure?
A. The VA, yes.
Q. Okay.
A. Can't stand the VA.
Q. So there were times even prior to all this where you would get a little bit anxious going to --
A. The VA, yes. The VA, yes. VA, definitely.
Q. Okay. And then it seems like you were then measured for some sort of orthotics; is that correct?
A. Yes.
Q. An ankle sleeve?
A. Yes.
Q. Again, for your left side?
A. Yes.
Q. Now, are you telling them there's issues with the right, are they just ignoring it? What's going on with the right side?
A. That's exactly what's going on. I'm telling them there's issues with my left, but I'm telling them with my right, and they are saying to me, well, right now we're going to focus on the left.
Q. Okay.
A. For some reason, with the VA, they look at what's in the charts, what's more prevalent at the time. The right, it was swelling, but it wasn't as large of a swelling.
Q. Okay. So the more obvious issue was to the left?
A. Exactly.
Q. And would you say your pain and discomfort was more so to the left as well?
A. Yes.
Q. Okay. But you said that because you had right ankle complaints, that got you into the VA in the first place?
A. Yes. That's what that means there. Once the right ankle began to swell, that's why they decided to see me. So they know obviously I didn't sprain that one, so something must have been going on.
Q. Got you. But they didn't even look at the right ankle?
A. No.
Q. Okay. And so you come back on the 21st to see Dr. McRudin again.
A. Uh-huh.
Q. And it looks as though you had an injection of Valium in anticipation for the left foot appointment. Do you recall that?
A. Yeah. I think that was -- I forgot what that was for. Either that was for -- I had PTSD or put -- they supposed to do a procedure, and I wasn't able to deal with the procedure. And I forgot what it was. I think they wanted to stick a needle into my ankle.
Q. Yeah. I think this might have been a steroid injection at this point?
A. Thank you. Yes. See. It's very hard for me to remember, but I'm pretty good at that. Yes.
Q. Okay.
A. And I told them I have a low tolerance to pain.
Q. Was it similar to the injection that you had described you got I think for your -- was it your --
A. My back.
Q. -- back or your shoulder?
A. Yes. And I have a low tolerance to pain, so I told them as before, I need to have some type of Valium. And so he agreed to that. Uh-huh.
Q. Okay. And at this point it's again just for your left ankle?
A. Yes.
Q. And at this point you're wearing the brace, you're wearing the supportive shoe?
A. Uh-huh.
Q. Again, it seems like the doctors are noting that you have a chronic left sprain. And then you have something called sinus tarsi syndrome, and then the mild pes planus of your left foot as well. And again, they're just not noting anything about the bug bites; is that correct?
A. That's the VA. Yes.
Q. Okay. And then you go back on the 30th. Did you find any sort of relief from the injection to your left ankle?
A. No.
Q. Okay. So it didn't give you the relief that you'd had --
A. No.
Q. -- with your back in the past?
A. No.
Q. So you go back on the 30th of April, you're seeing a Dr. Pham at this point, Christine Pham. Does that sound familiar?
A. No.
Q. Okay. It might have been just someone with a particular --
A. I had been asking for my primary -- Dr. McRudin should have been my primary care with the podiatry.
Q. That's who you had been seeing?
A. Yeah. And when they send someone else, they've got to kind of catch themselves up with it.
Q. Okay.
A. So they're not familiar with my case. So I don't know who Dr. Pham is, no.
Q. Okay. And so it looks here that this Dr. Famm is noting that you had about three days of relief and then your foot went back swollen?
A. Exactly.
Q. And it was red and warm?
A. I'm glad I have a good memory.
Q. And the swelling had decreased on Friday, and you took some medication. And you did indicate that you had a family history of arthritis; is that correct?
A. Yes. That's correct.
Q. Including rheumatoid arthritis, which your mother has?
A. Yes. My mom. That's correct.
Q. And then you also indicated the bedbugs to this doctor?
A. That's correct.
Q. Okay. So this doctor notes that you'd indicated bedbugs?
A. That's correct.
Q. And she also gives you an examination. Notes again no lesions, no sign of the bugs on your ankle; is that correct?
A. That's correct.
Q. Then you're again diagnosed with the sprain and the sinus tarsi syndrome. And again, even though she knows about the bedbugs, she's not relating them at this point; is that correct?
A. That's correct.
Q. And you are discussed to continue to wear the shoe and the brace?
A. That's correct.
Q. And now you're being sent to rheumatology. Is that fair?
A. That's correct.
Q. Okay. So we've got a little bit of a break in your treatment at that point; is that right?
A. That's correct. I refused to go back.
Q. Okay. Describe -- or explain the refusal.
A. At that point, when I -- I did not know, was that when the VA see you, they see you on what is called I guess a level one or level three. So if you're not shot or stabbed, they're not going to treat you on that level. So if you're -- they're doing tests -- I didn't know this existed. There's three levels of tests. They do a blood work; if nothing shows up, they give you an Ace bandage or whatever they're going to give you. But then if it continues, there's a second level, which I did not know, that they test you on of blood work. I didn't know until someone told me. Then they go to see whether is it an infection.
Q. Okay.
A. And I asked them why didn't they do that the first time, because obviously I had been going through and they could have found something before that.
Q. Okay.
A. And once I questioned them, they got upset with me.
Q. Okay.
A. So I told them I was going to my congressman.
Q. Okay.
She told them bed bugs compromised her immune system
A. So they should have -- because maybe they could have found out what it was. Because I told them it was bedbugs. I told them my immune system was compromised, the other doctor had told me that. Had they just done the blood work supposed to, because Dr. Biririan could not do it, maybe they would have found something.
Q. Okay.
A. So at that point, yeah, I refused.
Q. Okay. But you're aware that when you went to the doctor each of those times and they did your vitals, they did your blood pressure, your --
A. Right. That's called the level one. That's the basic level, which I didn't know that even exist -- it's a level one.
Q. Okay. Even if those are normal, they're supposed still to do a level two is what you're saying?
A. Exactly.
Q. Okay. Because your vitals were normal in terms of your temperature and things of that nature?
A. Right. Yes.
Q. Okay. So you don't do anything between April 30th and going to rheumatology other than deny more care -- what's the issue?
A. When the swelling happens, I still have a little bit of the cream left, so I just dip into that, and that cream, whatever that cream -- I forgot the name of it, it takes care of it for a week or so, and so I just balance my life with that until I can find someone to do what Dr. Biririan did for me.
Q. When you say the cream takes care of it for about a week or so, what do you mean? Are you taking it throughout the day for a week, or you take it one day and it lasts a week?
A. I take it one day and it would last. Like, I take it in the morning --
Q. Okay.
A. -- it will last throughout the day. And if I see it sort of swelling up by the end of the night,
I take it before I go to bed.
Q. Okay.
A. I mean I wipe it -- I mean I apply it.
Q. Okay.
A. Some days I use it and it would go away for three days. And so I just wouldn't take anything since it's gone for three days. And so I was back and forth with that.
Q. During those three days when it would be better, are you still using the brace and the bandage?
A. I'm using the Ace bandage.
Q. So you're using that at all times?
A. At all times.
Q. Okay. And so you would take that medication once, it would feel better sometimes three days; you would take it maybe twice, it would feel better a couple more days. So you didn't have to take it as frequently when you were in --
A. No, I figured -- in my own psychology, I figured my body probably got used to it or the pores got used to it, whatever may have happened. But it worked for me.
Q. Okay.
A. So once I found I didn't have to apply it eight times a day, at that point only required three times and the swelling would go down.
Q. Okay.
A. And so I just did my own applying the cream, wearing the Ace bandage.
Q. Okay.
A. And that's what I continued to do.
Q. And then you show up at podiatry again on June 4th. And it says here patient relates a hundred percent improvement to her symptoms and she has taken a PCN. Do you recall what PCN was?
A. No.
Q. Okay. I'm assuming that's a medication. 12 A. June 2015?
Q. June 4th of 2015. So are you disagreeing with the hundred percent improvement in your symptoms?
A. At that time it could have been.
Q. Okay.
A. Because I had the upswing.
Q. Okay.
A. So yes, it could have been. There were days where there was no swelling --
Q. Okay.
A. -- and there was -- you know, there was no problem with me walking, and then it would flare up. But Dr. Biririan had told me when I go to the VA, let them know when the immune system is compromised it could flare up unless they take care of the initial problem.
Q. Okay.
A. Which he was going to do.
Q. Now, it says here that you started taking PCN 500 milligrams. Do you recall taking the PCN --
A. Oh, that's probably a type of antibiotic.
Q. Okay. So you were taking an antibiotic at that point?
A. Yes. That probably was a type -- I'm not sure, but I think that's what that is.
Q. Okay. And then your swelling went down tremendously; is that correct?
A. That's correct. That's correct.
Q. And that's by June 4th of 2015?
A. That's correct. That's correct.
Q. And at this point your vital signs are normal; no open lesions again; no discoloration of your left foot. And the orthopedic evaluation notes again something called a sinus tarsi of the left foot noted, pes planus deformity noted, and then the pain in your ankle, and HAV of the left hallux. So again, they're not noting anything about the bedbugs; is that correct?
A. That's correct.
Q. And you are to continue with the supportive shoes and go to rheumatology on the 19th of June, and to wear the ankle sleeve; is that correct?
A. That's correct.
Q. And on the 19th is when you go to rheumatology for the first time; correct?
A. I'm not sure of the date, but if it's there, then that's correct.
Q. Yes. And it seems like you were examined by a Dr. Roy, Ranjan Roy. Does that sound familiar?
A. Yes. I think he's the head of rheumatology, if I'm not mistaken, my memory.
Q. Okay. And it seems like he goes through a lot of your sort of medical history, indicates you're a 53-year-old with PTSD, right rotator cuff tear which had a repair, chronic low back pain, given ECI with relief, on June 14th had a right-sided headache, visual blurring, was seen in the VA, given prednisone. Does that sound familiar at some point in 23 2014?
A. Actually, I had symptoms of aneurysm, and the VA turned me down.
Q. That was back before this incident, I'm assuming?
A. Yes. Uh-huh.
Q. Okay. You had some sort of artery biopsy. Do you recall that?
A. That was my right temple?
Q. Yes.
A. Yes. Another hospital took me in, because I passed out.
Q. Good Samaritan Hospital?
A. Yes. They had to cut into my right temple lobe to do a biopsy, because the VA turned me down.
Q. Okay. And then had no other sort of reoccurrence?
A. No.
Q. And then you have a note that on 9/14 had an insect bite. And then you developed foot swelling, according to your history. And then you had other -- it seems like you had other examinations which came back negative, one of them called the venous Doppler, and that you had taken some leftover amoxicillin. Do you recall doing that?
A. Yeah. That's antibiotic.
Q. Okay. And left over from what?
A. From when I had an infection way back when.
Q. Okay.
A. I don't know how long ago that was. I don't know if -- no, Dr. Biririan did not give it to me. I don't know when -- I can't recall when that happened.
Q. Okay. And again, this was focusing on your left ankle. So by now has the right ankle resolved itself?
A. No.
Q. Okay. So you're still having issues with your right, but they're not -- what are you saying to them about the right ankle?
A. With the VA -- again, Dr. Biririan -- let me say this to you. Dr. Biririan looks at both and examines both, that's why I wanted to stay with him. With the VA, they're -- to me, what they're doing is they look at what is prevalent. They don't -- if it's minor, they're not going to pay attention. If they have some kind of history with it, they'll focus on it.
Q. Okay.
A. And -- which is not the right thing. So they have obviously in the past -- they have done that before. That's just the way they focus. If there's not any history with it, they don't focus on that.
Q. Okay.
A. So it's not like I'm the first one. Since the left ankle had such history and fractures, they focused on that.
Q. Okay.
A. So that was the frustrating thing with them.
No diagnoses of reaction from bed bug bites
Q. And so following this particular initial visit with Dr. Roy, he too does not diagnose you with any sort of reaction from the bites; is that correct?
A. That's correct.
Q. And it seems like he's not completely sure if you have rheumatoid arthritis at that point either; is that fair to say?
A. That's correct.
Q. He sort of notes the same arthritis and sprains that they've been saying, but doesn't note anything new; is that fair?
A. That's correct.
Q. And that he kind of wants you to come back after some more testing to follow up with some pain management; is that a fair representation?
A. That's correct.
Q. And so it looks like you do follow up July 2nd with Dr. McRudin. And he says here, patient relates improvement, but with continued swelling of the left leg and now right leg to a lesser extent. So this is the first time that your right leg is getting noted --
A. That's being acknowledged, that's correct.
Q. And that's on July 2nd of 2015; is that correct?
A. That's correct.
Q. And he acknowledges that you're waiting for the rheumatology blood work at this point. And it seems here, despite the fact that he says now the right leg to a lesser extent, much of his examination is still to your left; is that correct?
A. That's correct. So that shows exactly what I'm saying about the VA, because obviously as a patient I can't explain why the doctor thinks that way. But you see even on notation they'll say it's a lesser level; I don't know why they do that. They're focusing on the left.
Q. Well, didn't you indicate that your left was more swollen than the right?
A. Yes, in the beginning. In the beginning, yes.
Q. Okay.
A. So that had more bites on it than the right one, but they both got bit. So it could be because again, as Dr. Biririan said, the immune system being comprised, since there was more bites on that foot than the right one, maybe the right one took a long time to react. But it did swell.
Q. Have you been back to the doctor's since July of 2015?
A. I can't remember. I don't --
Q. That would have been the summer of last year.
A. Yeah. No, I think I went back once. I want to say I went back to rheumatology, but I'm not really sure.
Q. Okay. Because there was a follow-up --
A. Uh-huh.
Q. -- because you did additional blood work.
A. Oh. Okay. I think rheumatology. Again, this is all by memory, so I don't know.
Q. Would you be able to verify that after the deposition when you get back home?
A. Sure.
Q. Okay. So during this period of time when you're going to the doctor and they're telling you there was a sprain and to wear the brace and things of that nature, describe what else you're doing in terms of trying to treat yourself.
A. Between the cream, the Ace bandage, the boot, that's all I can do.
Q. Okay. What's your day-to-day activities like?
A. At that point I'm having -- my quality of life has been decreased, diminished substantially.
Q. Okay. Are you able to drive?
A. No. No.
Q. Who's driving you to these appointments?
A. Oh, I go to the appointments, yes. Go to the appointments. But as far as -- I'm talking about as far as my daily whatever, shopping, whatever, I just don't go out because it's so difficult.
Q. So who is shopping for you?
A. My dad.
Q. Okay. What's your father's name?
A. Will.
Q. Will?
A. William Ames.
Q. William Ames?
A. My step-dad.
Q. Okay. So he's shopping for you?
A. Yes, he shops for me.
Q. What about cooking and cleaning the house or your apartment?
A. Actually, my mom and step-dad, they cook for me, put it in Tupperware and I freeze it for a while.
Q. Okay. So you're not able to cook or clean or anything of that nature?
A. No, I wasn't able to stand for long periods of time. When I could, I could, but when I couldn't, I would call my mom and she would just cook up a meal that would last me maybe a week or two.
Q. In terms of taking care of your personal hygiene and things of that nature, are you able to do that?
A. Not as well as I used to.
Q. Okay.
A. So it's just basically because I -- I'm afraid of getting in and out of the tub, being I live by myself. So I would just sometimes stand and wash as opposed to taking a regular shower or bath.
Q. Okay.
A. So it depends on when I can actually get in the tub without, you know, being afraid to fall.
Q. All right. I'm going to show you some other videos here. (Video played.)
Q. When was this taken?
A. About two days later. I don't know.
Q. Would you say it was taken around the same time as the pictures?
A. Yeah, right afterwards. I think it's probably one of the nights that I couldn't sleep. (Video playing.)
Q. Okay. So we're referring to IMG_0277. And let the record reflect the video is the plaintiff showing her left arm, the side of her left arm and her back through a mirror or the reflection of a mirror, as well as the left side of her face and her neck. And you said this was taken about two days after the incident?
A. I think so. I can't remember the time in this one.
Q. And this is the back of the neck. This is all video. And I assume you've taken this yourself?
A. Yes.
Q. And it's also a video of the right side of the plaintiff's arm underneath her armpit, the forearm by the elbow, and the left side by the elbow as well, the left arm, and underneath the left armpit.
A. Right. I'm sorry. Go ahead.
Q. Is that the left?
A. No, I'm sorry. Go ahead.
Q. If I'm not reflecting it --
A. I can't really see that well. Sorry.
Q. Oh. And then more a reflection of the claimant's back through the mirror. Okay. And then we have another video, and this is IMG_0291. (Video played.)
Q. Are you alone at this time?
A. Yes.
Q. Okay. Now, when you say that it made the itching somewhat worse, was that initially described that -- because you indicated that that cream was what was helping you?
A. Yeah, it was -- it was just a back and forth thing. I can't explain it. I mean, some days, you know, it was okay, and some days it wasn't. I mean --
Q. But after the two weeks of full use of it --
A. Yeah.
Q. -- you found the relief --
A. Two weeks, yeah. That's what I was saying to you earlier, maybe my body got used to it, the pores. Remember I said earlier?
Q. Uh-huh.
A. It got to a point where if I used it eight times -- and then at some point this one time it was okay for three days. So I don't know if my body would get immune to it. I don't know -- I can't explain that. I just know that sometimes it worked and sometimes it didn't. Initially, you know, I think I put it on the once, that didn't do it, that's why I did my own way, I decided to put it on ten times a day.
Q. Okay.
A. So when I put it on once, it seemed like it didn't work, so I just kept putting it on. I found out putting it on ten times a day worked at that point. (Video played.)
Q. And that's your left wrist?
A. Uh-huh. I can't believe I got to go through all of this. I'm getting frustrated now.
Q. I apologize.
A. I'm having a moment. I'm having a moment.
Q. Do you want to take a break?
A. No. No. No. I just want to get this over. I just can't believe I'm going through all this.
Q. And this is the left forearm, bicep area?
A. I'm actually remembering the pain that I was going through that no one has any idea what I was going through.
Q. And that's the -- I guess the area between -- elbow?
A. Uh-huh.
Q. And this is video of your back. And then the last video that I have, IMG_0412, and this is a March 4th, 2015, video.
A. (Nods head up and down.) (Video played.)
Q. And this is the left foot?
A. Uh-huh. (Video played.)
A. That's why it's just the left foot, so they focused on the fracture, the right foot probably didn't start swelling yet.
Q. Just what? I didn't understand what you just said. I'm sorry.
A. Oh. This is probably -- this is when the left foot was starting to swell up, but because the right foot hadn't started swelling up as bad, they kept focusing on the left foot. So the right foot wasn't big as that yet, they keep thinking that it's the sprain but --
Q. Okay. This is video you took yourself?
A. Uh-huh. That's correct.
Q. Okay. (Video played.) Okay. So this particular video, IMG_0412, that was taken March 4th of 2015; correct?
A. I guess, yes. Whatever the date is.
Q. Okay. And it's fair to say that's the first video of your ankle; is that correct?
A. Yes, I think so.
Q. Okay. Describe some of your conversations with the individuals at the hotel after you checked out and got back up to New York.
A. Mostly I told them that the itch -- I was itching. I told --
Q. Do you remember who you talked to?
A. Just in general. By name, no. I'm sure if I think about it, I can -- probably later on. I know I spoke to Valeria Grange. I spoke to one of the nurses of the church, I can't think of her name. I spoke to Cathy -- I'll think of her last name another time. And of course I spoke to my mom.
Q. Now, with regard to individuals at the hotel that you spoke with, I know you initially spoke with Desiree Scott; correct?
A. Yes.
Q. Did you speak to her again after that initial time?
A. Yes, I did.
Q. Do you recall when that was?
A. The next day.
Q. And the next day, meaning on that Monday, the 15th?
A. Yes.
Q. Had you already gone to the doctor at that point?
A. I think I did that morning, yes.
Q. Describe that conversation.
I'm sorry, Ms. McFarland, we did find the bedbugs
A. I don't know if she called me or I called her. I think I called her initially and she called me back. But that she called me back. And I told her that I would -- I think I told her I went to the doctor. She was calling me to let me know that they found bedbugs. That was why she was calling me -- that's why she was speaking to me. So her initial conversation was, I'm sorry, Ms. McFarland, we did find the bedbugs, they were located in the dust ruffle --
Q. Okay.
A. -- that's why we couldn't find out where it was coming from. They had festered -- the word she used -- they had festered in the dust ruffle.
Q. Okay.
A. And so she's saying to me that obviously -- apparently while I was sleeping they must have came up from the dust ruffle.
Q. Okay.
A. So whoever checked it out, I don't know if it was the exterminator at that time or just the cleaners, when they initially checked it, she said that they weren't on top of the sheet as much, but when they pulled the better part and seen in the dust ruffle, that's when it got infested.
Q. Okay.
A. She said that was infested. And then she also told me that they're going to take the room out of commission, she said. And she explained to me what that was. I didn't even know what that meant. They had to keep some kind of heat for a period of time, has to be out of commission for three or four days. And I told her at the time that I was still not feeling good. And at that point she said, Well, we did find the bedbugs there. And then she started telling me how her daughter and her grandson went through the same thing, so she was advising me what to do.
Q. Okay. What was she saying?
A. So she told me that her daughter and her grandson, they had the same exact situation with the bedbugs, except I think her daughter had to throw away her furniture, it was like $3,000 or $4,000 of furniture, whatever. And she said she felt upset because her grandson got bit. So she's going into detail. And so she's telling me all of this, and then she goes to her personal life about that to try to let me know that she understands what I'm going through, I guess. So then she says, We will refund the room for you. And I told her -- I was like at this point, You have no idea what I'm going through, you know. I mean, when I was there the first night obviously -- if they took a picture of me then, they probably could have seen it. But I said, You have no idea what I'm going through right now. She was like, Well, no, I have an idea because my grandson went through this. And I said, No, you have no idea. So I went to the doctor. She says, Well, we're going to refund the room. Because initially when I asked her, she said, We can't do a refund unless we find something. So when I asked her the first day for the refund --
Q. So when you say "initially," that was when you were still there?
A. When I'm was still there. And I was like there's something wrong. I said, You got to do something about it. She goes, Well -- her -- she came out -- I didn't ask for a refund. She said, Well, we usually don't do a refund unless we find -- if we find something wrong, we will refund you. That's why she asked me my information. I never went to her and said, Oh, I want a refund for my room because I have bedbugs. That wasn't even on my mind.
Q. So it wasn't until the next conversation when --
A. Yes.
Q. -- she mentions refunding you the room?
A. Yes, because she said she had found the bed -- they found the bedbugs under the dust ruffle.
Q. Okay.
A. And then I spoke to her. And after I went through what I went through as far as those videos, I sent the letter that same day, stating since I got injured then I need to be compensated for my injury. And, of course, then that's why we're here now, because now Desiree apparently was instructed to deny that there was any bedbugs.
Q. Okay. There was someone you wrote in one of your answers called a Timothy Kelsey?
A. Yes.
Q. Who is that individual?
A. I don't -- they called me -- I mean Timothy Kelsey called me because I sent a letter directly to the Super 8 saying since I'm going through all of this, I need to be compensated. And I knew I needed to be compensated for the injury. And when I contacted Super 8, apparently they passed it to Timothy -- I don't know who he was. So I sent the second letter so it wouldn't get to this point. So I said, Listen, it's -- obviously, if you -- if you did something wrong, you need to be liable, in the letter, you need to be liable. So it's not like I'm going after you, the fact is I got bit, I need to be compensated for my pain. So I sent them a letter. Timothy Kelsey called me -- because I told them I'm going to take it through a claim. And Timothy Kelsey did not want me to do that, because apparently somebody dropped the ball.
Q. Do you recall who this person was?
A. Timothy Kelsey? I have no idea. I just know he called me one day out of the blue basically and said, They're going to pay attention to what you're saying, someone is going to call you, apparently somebody dropped the ball, they will contact you. Because my second letter was: I'm going to file a suit unless we can take care of this between us. And then that's when I got the call from I guess your insurance, because -- Liberty Mutual.
Q. Okay. And that's Nichole Meyer; is that correct?
A. Yes. Yes. She called me either that same day or the very next day.
Q. Okay. And then it looks like you've had, that you recall, about two conversations or e-mails with her?
A. Yeah, several e-mails.
Q. Okay.
A. And then she did a -- what I thought was a deposition by phone. Because I don't have an attorney, I didn't know -- she did what I thought was a deposition by phone, because she did the same thing you're doing here. Again, not knowing my rights or whatever, she did pretty much everything you're doing here on the phone.
Q. Okay. And then after that, what happened?
A. After that, because they began to ignore me, that's when I told them I'm going to file a suit. And they sent me a letter saying we didn't find anything, so basically I have to prove -- they're going to leave the burden of proof on me. That's basically what the letter said. And that's when this all started.
Q. Okay. And since then, you had no contact with anyone from Super 8 or Liberty?
A. Not from Super 8, no. Liberty or -- Imie -- I'm sorry. Well, you. I'm sorry. You started sending me letters saying this is what's going on. But Super 8 stopped contacting me. And the letter I got stating that there were no bedbugs found.
Q. Do you have a copy of that letter?
A. I think so. (Indicating.)
Q. Thank you. We'll attach this as an exhibit. This is a letter dated January 27, 2015, from claims specialist Nichole Meyer to Ms. McFarland regarding her investigation of this claim. And then do you have copies of any e-mails between yourself and either Mr. Kelsey or Ms. Meyer?
A. I didn't bring any e-mails, no.
Q. Okay. Do you have them still in -- have you saved them?
A. Yes.
Q. Is that something you could produce as part of discovery?
A. Yes.
Q. Okay. That's to Mr. Kelsey and Ms. Meyer, and the people at Super 8, if you have any e-mails --
A. Mr. Kelsey was just a phone call.
Q. Okay.
A. He never contacted me after that -- after that it was Liberty Mutual. From that point, I didn't hear from Mr. Kelsey anymore.
Q. Okay. And did you have any e-mails exchanged between yourself and anyone at Super 8?
A. No.
Q. Okay. So just the ones that you've had with Liberty Mutual prior to me coming in?
All contact stopped from Super 8
A. That's correct. Well, once I had the phone call with Desiree Scott, after that point was when all contact stopped from Super 8.
Q. Super 8, okay. So just the e-mails you had between Liberty and yourself before --
A. Yeah.
Q. -- before I came --
A. Yeah. Before you came, yes.
Q. Okay. So at this point, currently, describe your current physical situation.
A. The swelling, I got it under control, just doing what I need to do, because I got -- I got tired.
Q. And this is swelling of your left ankle?
A. My left -- it was left and right at this point.
Q. Okay.
A. My left and right foot was swelling. So I went into my own mode of taking care of myself. I -- the cream that I had, again, almost used up, but not quite. I used that on a regular basis, so that my skin could get used to it. So every day I would apply it twice a day to regulate the swelling. And I began to take -- I had the antibiotics that I had the doctor prescribe, which didn't work by itself. It worked for a little while, then it came back. So I used the cream and the antibiotics. And I just kept doing that until the antibiotics ran out, actually.
Q. Okay.
A. And up until last month -- the last month is when the swelling --
Q. And that's December of 2015?
A. Yes. December of 2015. In the beginning of December, I -- the beginning is when I noticed that the swelling just stopped.
Q. Like, all of a sudden you woke up and there was no swelling?
A. Pretty much, yes.
Q. Okay. And that's in both your left and your right foot?
A. That's correct.
Q. No treatment in terms of going to --
A. No.
Q. -- the doctor or anything like?
A. No. But I used the cream that Dr. Biririan had prescribed, whatever that cream was, he knew to -- whatever that cream is, I have it at home. That worked -- I knew it worked initially, but I had to stop because I was going to the VA, and they were giving me whatever they gave me. So since I knew the cream worked, I used the cream. And I knew the antibiotic would take care of infections, so I just did my own treatment. So I used the cream just regularly, even -- whether it swelled or not swelled. I used it every day for about a week and a half. In November, around November or so.
Q. Okay.
A. And then -- I just used it in the morning, after I took a shower, at night, after I took a shower, for about a week or so, straight. And I used the antibiotics, same thing, because I was taking them separately at one time.
Q. Okay.
A. So I took them both at the same time. I just kind of overloaded myself.
Q. Who prescribed you the antibiotics?
A. I want to say Dr. McRudin, but I can't remember.
Q. Okay. That was back when you were treating --
A. Yeah. I took that -- I'm sorry. Go ahead. Finish.
Q. That was back when you were treating in March and April?
A. That's correct.
Q. And so how much antibiotic did he prescribe you? Do you recall?
A. No, I don't.
Q. Okay. But did you not take it as prescribed?
A. I took it for a week.
Q. Okay.
A. Whatever. I think I was supposed to take it 'til the -- I didn't know what it was, take it 'til the end or take it as needed, I can't remember. I just know that when I took the antibiotic with the cream, it worked.
Q. Okay. So initially when Dr. McRudin prescribed those antibiotics, is it fair to say you did not take it as prescribed?
A. I don't remember what -- I don't remember if it was take it as needed or take it 'til it ended. I don't remember which one it is.
Q. So you're not aware of whether or not antibiotics are an actual course? You're not aware of whether or not that's something that they give you as a fixed course of treatment or --
A. Oh, some are. Amoxicillin definitely is.
Q. Okay.
A. I think others -- not all of them are like that. Amoxicillin definitely is. You have to take it until you finish the prescription.
Q. And this was not Amoxicillin?
A. No.
Q. Okay.
A. Because I asked for Amoxicillin.
Q. Do you recall the name of this particular --
A. Cephalo -- C-E-P-H-A-L-I-N, something like that. That's not really it.
Q. Okay.
A. And I asked them -- I'm sorry.
Q. This was prescribed by Dr. McRudin?
A. Right. And I asked them for Amoxicillin.
Q. And he wouldn't give it to you?
A. No.
Q. Okay.
A. Because they only deal with generic, he says.
Q. So it's a generic of Amoxicillin?
A. That's correct.
Q. Okay. So despite it being a generic of Amoxicillin, you didn't take the full course?
A. I can't remember if it was take it as swelling -- that's why I say I can't remember that far. I can definitely get back to you on that.
Q. Okay.
A. I don't know if it was take it as needed or take it as the swelling -- because if it says take it through the full course, I'm going to take it through the full course.
Q. Okay. When was the last time you took the antibiotic?
A. November.
Q. Okay.
A. Probably the beginning of November, end of November.
Q. And then by December you saw the swelling stopped?
A. Yes.
Q. So by then you'd already stopped the antibiotic?
A. Yeah. I was doing the antibiotic and the cream, don't forget. Those two in conjunction worked together. Yeah.
Q. I guess I'm trying to find out when was the last time you took the antibiotic and the cream?
A. November.
Q. Okay. And then it was about early December when you noticed the swelling ceased?
A. Yeah.
Q. Why did you stop taking it if the swelling hadn't ceased?
A. Because I didn't want to keep taking antibiotic in my system, because I didn't want to get my body used to that.
Q. So you didn't finish the course of anti -- you still have antibiotics left?
A. Oh, yeah, I still have some left.
Q. Okay.
A. I still have some left.
Taking the antibiotics twice a day
Q. How often were you taking the antibiotics?
A. Twice a day.
Q. For how many days a week?
A. Twice a day, seven, eight, nine days a week. Nine days straight.
Q. For how long?
A. About nine days. Nine --
Q. So for about nine days, twice a day, straight --
A. Uh-huh. Straight.
Q. -- you took the antibiotics --
A. Antibiotics.
Q. -- and you still have some left?
A. Yes.
Q. Okay. And you stopped taking it because?
A. The swelling stopped.
Q. Because the swelling stopped. Even though you said the swelling stopped in December?
A. That's correct.
Q. But you stopped taking it in November?
A. Stopped end of November, right.
Q. So had the swelling stopped in November or December?
A. Well, I began to see, you know, a change, you know, within --
Q. Okay.
A. I mean, it's not just stop like one day. I began to see the swelling decrease.
Q. Okay.
A. So within the five to nine date, I seen the swelling decrease. So after ninth day, I seen the swelling decrease we'll say at the end of November. So once I seen it decrease to a point where we're down to where I could put my shoe on, I stopped it, because I was on the cream and antibiotic, I stopped it. If it would have came back, I would have started back. December came around, it still didn't swell. So when I stopped it -- I continued to stop it. Second week of December, so nothing happened, so then I stopped it all together.
Q. And today you're still not swelling?
A. No, I don't, not at all.
Q. When did you stop using the Ace bandages and all of that that Dr. McRudin had given you as well?
A. I was using it during the swelling, so it had to be November. I was using it back and forth. So even though the swelling stopped, I used it just because it's a crutch, I think, at that point. So the swelling was down, but I still wanted to kind of get balance on my ankle.
Q. Okay.
A. So the swelling was down, but I was still in the Ace bandages around December, couple of weeks in December maybe, back and forth every couple of days.
Q. Okay.
A. Not every day. When I felt like I was walking and my ankle felt kind of weak, I would put the Ace bandage on.
Q. What about the boot, the shoe?
A. Not on any of that at all, no.
Q. Okay. Even from the beginning when they first prescribed it for you?
A. Oh, yeah. Had to wear it. I couldn't wear any shoes.
Q. Okay. When did you stop using the shoe, the boot?
A. I don't know the exact time of that.
Q. Okay. But after that, you continued using the bandage?
A. Yes.
Q. And it's fair to say you used the bandage during the period of time where you were taking the antibiotic and the cream?
A. That's correct.
Q. Okay. In terms of the emotional issues that you described having as a result of this, did you see any physicians for treatment for that?
A. I seen my psychiatrist at the VA, because the VA was not treating me correctly, I felt. So I just started seeing my doctor, Dr. Jolie, J-O-L-I-E.
Q. Okay.
A. And I told her that they weren't treating me properly as far as my examination and things of that nature.
Q. Okay. Were you seeing her specifically for the issues related to the bites?
A. I was seeing her for treatment --
Q. Was it for frustration?
A. For treatment -- yes, frustration, the way that I was being treated as far as treatment, what the VA was not doing, all of that.
Q. Okay.
A. I just went to see her because I had gotten anxiety at that point. And I was given a prescription for Diazepam for antianxiety.
Q. Are you still taking the medication?
A. No.
Q. How many occasions did you see Dr. Jolie for the anxieties related to the treatment from the VA?
A. Once every two months, with my last visit being two weeks ago, something like that. Yeah.
Q. Are you saying that her treatment is related to the bites or related to frustration from --
A. Well, it's related -- it's all this with the bites.
Q. Okay.
A. So the treatments -- the way I'm being treated for the bites, when the VA was treating me for the bites, all of that became frustrating to me.
Q. Are you able to obtain those records?
A. Dr. Jolie?
Q. Yes.
A. Sure.
Q. Okay. But you've been discharged? You said the last visit was two weeks ago?
A. Yes.
Q. So you don't have any more visits with Dr. Jolie?
A. She says she wants me to follow up to make sure everything is okay.
Q. Okay.
A. My last I had an appointment with her was December 28th.
Q. Okay. And do you have any other upcoming medical or -- appointments related to any of this coming up?
A. I'm going to meet with Dr. Jolie just to give her an update on the 25th about, you know, my foot and all of that. February 25th, I'm sorry.
Q. That's your next appointment?
A. Uh-huh. My psychologist.
Q. Okay. Let's see. Are you back to being able to fulfill your duties as a chaplain?
A. Not yet, no.
Q. Okay. When do you think you'll be able to go back to do that?
A. I'm going to wait a little while to make sure that I'm okay, because it's only been a month, December, so I don't want to commit to anything.
Q. Would that be similarly with your education, getting the master's Ph.D.?
A. Yes, because it -- I can't -- I have to do more walking. So right now I'm doing a lot of sitting. So I really don't know until I start walking, see if I get irritated by that. So I haven't done any of that.
Q. Okay. How did you travel down here for this deposition?
A. I drove down here. Uh-huh.
Q. Okay. And did you drive yourself or --
A. Yes.
Q. -- did someone else --
A. I drove myself.
Q. Okay. At the time of this incident, you were not employed; is that correct?
A. No.
Q. Okay. And you've never been convicted of a felony or a misdemeanor --
A. No, sir.
Q. -- involving lying, cheating or stealing?
A. No.
MS. HARBER: I think that's all of the questions I have. You have the ability, and this took a little bit longer than I anticipated it to be, but you have the ability to read a copy of the transcript before it's certified. Would you like to read it or would you waive the reading? I can't advise you one way or another, but I just want to let you know that you have the ability to make arrangements with the court reporter to read the transcript before it's certified.
THE WITNESS: No, I don't need to do that.
MS. HARBER: So she'll waive.
(Deposition Exhibit 2 marked for identification.)
- - -
(Deposition concluded, 1:41 p.m.)
We'll be adding more as the case continues in 2016, so check back often!