IN THE CRIMINAL COURT FOR DAVIDSON COUNTY, TENNESSEE DIVISION IV STATE OF TENNESSEE VS. ) ) ) ) \."J ' CASE NO: 2019-A-76 ) ) RADONDAL. VAUGHT. ,. >J . ) '' l ~ r· .~ --.J (.) STATE'S RESPONSE TO REQUEST FOR DISCOVERY The Office of the District Attorney General, prosecuting on behalf of the State of Tennessee, submits the following response to the request for discovery: 1. Pursuant to Rule 16(a)(l )(A) and (B), Tennessee Rules of Criminal Procedure, copies of any relevant written or recorded statement or the substance of any oral statements made by defendant and intended by the State to be used as evidence in its case-in-chief and made by the defendant or co-defendant(s) before or after arrest in response to interrogation by any person then known by the defendant to be a law enforcement officer are as follows: Summary of Defendant's interview with the Tennessee Bureau of Investigation. Full audio recording will be furnished on a portable electronic storage device provided by the defense. Signed TBI Warnings as to Constitutional Rights attached. 2. Pursuant to Rule 16(a)(l)(E) Tenn.R.Crim.P., the defendant's (or defendants') prior criminal record is as follows: None known. Should the defendant testify at trial, the State intends to use the prior criminal record during cross-examination for impeachment and enhancement purposes pursuant to State v. Morgan, 541 S.W.2d 385, Tennessee Rules of Evidence, 609 and 405, and T.C.A. § 40-35-202. 3. Tangible objects and documents subject to discovery pursuant to Rule 16(a)(l)(F), Tenn.R.Crim.P., and which the State intends to introduce in its case-in-chief, will be made available for inspection and/or copying upon appointment and are listed as follows: TBI Request for Examination Report regarding plastic bag containing one vial of Vecuronium Bromide, two syringes, one large alcohol prep pad. Termination letter from Vanderbilt University Medical Center, dated January 3, 2018. Summary of events regarding medication pulled by override function from Acudose dispenser. All other documents, voluminous in nature and contained within the State's possession at this time, will be provided on the electronic storage device provided by the defense. 4. Results or reports of physical or mental examinations or of any scientific tests or experiments, known by the undersigned counsel to be within the possession, custody or control of the State and which are material to the preparation of the defense or intended for use by the State as evidence in chief at trial will be made available for inspection and/or copying upon request for appointment, and are listed as follows: Vial of Vecuronium Bromide has been sent for further testing. Report to be provided upon receipt. Medical records of the victim are available for inspection upon appointment. 5. Witnesses in addition to those listed on the back of the indictment whom the State intends to call to testify at trial are: None known at this time. 6. The offense occurred on the 26th day of December, 2017 at Vanderbilt University Medical Center, in Davidson County, Tennessee. 7. In the event the State intends to offer "eyewitness identification testimony" and the witness has previously been asked to make a pre-trial, extrajudicial identification of the defendant, the following information is provided: None known at this time. 8. In accordance with the decision in Brady v. Maryland, 373 U.S. 83 (1963), all items of exculpatory nature, if any there be, will be furnished to defense counsel if and when any such item or information becomes known to the State. None known at this time. In addition to this written response, and its attached materials, this Office is further providing "open-file discovery." Upon request and appointment, defense counsel may inspect and review the State's case file. Defense counsel may assume that any specific request which is not answered is either not discoverable or the information requested is not available. The State cannot provide evidence material to the defense or exculpatory to the defendant until such is made known to the State. This response is based upon information available to the State at this time. If any additional information becomes known to the State, it will be promptly provided to defense counsel. Respectfully submitted, ick Jackson Tenn. Sup.Ct.Reg.#023711 Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 (615) 862-5500 Brittani Flatt Tenn. Sup.Ct.Reg.#031470 Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 (615) 862-5500 CERTIFICATE OF SERVICE I hereby certify that a true and exact copy of the foregoing has been mailed Peter Strianse, Attorney for Defendant, Tune, Entrekin & White, P.C., 315 Deaderick Street, Suite 1700, Nashville, Tennessee 37238, on this the 27th day of March, 2019. TENNESSEE BUREAU OF INVESTIGATION INVESTIGATIVE REPORT Case#: NA-16A-000156 IR#: 32 Author: Smith , Ramona P Activity Date: 12/05/2018 Case Agent: Smith, Ramona P Report Date: 03/19/2019 SAC/ASAC: Long, Douglas R Description: Interview - Recorded - RADONDA LEANNE VAUGHT Approved By: Long , Douglas R (S) RADONDA L VAUGHT.RN, W/F, DOB: 01/25/1984 (V) CHARLENE M MURPHEY, W/F, DOB: 07/21/1942 On December 5, 2018, TBI SA Angel Beverly and I interviewed RADONDA VAUGHT at TB! Headqua rters located at 901 R.S. Gass Boulevard in Nashville, Tennessee. After proper identification and explanation of the purpose for the interview, VAUGHT was administered her Warni ngs as to Constitutional Rights and she voluntarily waived those rights by signing the attached waiver, TBI Form 81-0011 . VAUGHT voluntarily provided an audio recorded statement. The recording has been saved and is in the custody of this agent. A brief summary of the interview is as follows: VAUGHT worked on the Neuro Intensive Care Unit (NICU) and Neuro Step Down Unit at Vanderbilt University Medi1:;al Center (VMC) from November 2015 to January 2018. She was term inated on January 3, 2018 for Failure to Follow Medication Administration Procedures. VAUGHT was working as the Help All nurse; she was comfortable with that position and knew what was expected of her in that position. She was familiar with the Accudose machines and how to access the medication held within the machines. She had worked December 25, 2017 (Christmas Day) and December 26, 2017 on the 7:00 am to 7:00 pm shift. She stated she was not overtired. VAUGHT stated they were not understaffed, the NICU is always staffed due to the acuity of the patients. VAUGHT said the NICU is never shorthanded . She had a new orientation employee with her, Darren, but she told the night nurse that assigned him to work with her that she (VAUGHT) was comfortable having him with her as the Help All nurse. When VAUGHT went to the Accudose machine to pull the medication to take to CHARLENE MURPHEY, she couldn't find Versed in MURPHEY'S profile. She checked the Medication Administration Record (MAR) in a different computer and found the order was there for Versed . Since she couldn't find the Versed in the Accudose system, she overrode the system, typed in VE, and selected the first medication (Vecuronium Bromide) in the list. The system asked for a reason for the override, but she couldn't recall what reason she selected. This confidential document is the property of TBI. Its contents are not to be distributed outside of your agency. IR# 32 Page 1 TBI - INVESTIGATIVE REPORT Case # : NA-16A-000 156 IR# : 32 VAUGHT looked at the back of the vial and saw that it needed to be reconstituted but never looked at the front of the vial. She went down with Darren to the PET Scan Unit and found MURPHEY. She verbally verified who MURPHEY was but could not find a computer to scan the medication . She reconstituted the vial, gave MU RPHEY one (1) milligra m; and left her with the PET Sca n Unit tech. After administering the medication, she never scanned it to put in into the medica l record. After the code was called on MURPHEY and MURPHEY was brought back to the NICU from the PET Scan Unit, VAUGHT informed Dr. Neeley and Lindsey Trantham, Acute Care Nurse Practitioner, that she had given Vecuronium Bromide to MURPHEY. Their response was "I'm so sorry" . Misty Ashby, Unit Manager, advised her not to scan medication , the MAR would note it. VAUGHT admitted she had administered Versed before, but never Vecuronium Bromide. VAUGHT admitted to being distracted by talking to Darren about the Swallow Study they were going to do. VAUGHT admitted she shouldn't have been distracted with something other than "meds" at the time of the dispensing. VAUGHT admitted she shouldn't have overrode the system though it is common to do so. VAUGHT admitted it struck her as a little odd that she had to reconstitute the medication . VAUGHT didn't recall anything on the vial to alert her, but she said she should have recognized the difference. VAUGHT admitted she was distracted. She stated she should have paid attention and shouldn't have overrode the medication because it wasn't an emergency. VAUGHT stated she should have called the pharmacy to check the status on the order for Versed. VAUGHT admitted she was thinking, "I probably just killed a patient" ; "What did I do to this patient if I didn't kill her?"; "What kind of life chan ging things did I just put this patient and her family through?"; "It's a horrible situation" . VAUGHT admitted she had "fucked" up . RS/dpi Attachment #19 This confidential document is the property of TBI. Its contents are not to be distributed outside of your agency. IR# 32 Page 2 Document Seq: 1818410, Document Title: Warnings at to Constitutional Rights RaDonda Leanne Vaught.pdf APPROVED: _ __ _ DATE: TENNESSEE BUREAU OF INVESTIGATION WARNINGS AS TO CONSTITUTIONAL RIGHTS Before we ask you any questions, you must understand your constitutional rights: 2-pJ You have the right to remain silent, and you need not answer any questions; ~lv' If you do answer questions, your answers can be used as evidence against you in court; 2'--v You have the right to consult with a lawyer before or during questioning; 9-1,v If you cannot afford to hire a lawyer, one will be provided to you without cost; Q._LJ If you decide to answer questions now, without a lawyer present, you will still have the right to stop answering questions at any time until you talk to a lawyer. WAIVER I have read or have had read to me, my constitutional rights. I understand what my rights are, and I am willing to make a statement and answer questions without a lawyer being present. S'!g111\lurc of Special Agent Witness: -------- -----DATE : TIME: Agent - Retain Original. Send Copy to TBI Case File. 81-0011 (Rev. 12-89) File: _ _ __ Serial : _ _ __ Master Name Criminal History Information (PCHIS - Police) METROPOLITAN POLICE DEPARTMENT Of Nashville and Davidson County NAME OCA JUVOCA SSN FBI SID , MARTIN, RADONDA L ,--- ADDRESS : "No Image : : Available" j L----------- ----.1 OLN 2819 HINSON ROAD WOODLAWN TN 37191 HOME TELEPHONE MNI ST DOB SEX RACE TN 1/25/1984 F w HGT WGT EYES I I HAIR 58335084 RELATIVE(S), RELATIONSHIP, ADDRESS PLACE OF BIRTH (City/State) HISTORY - NAME, SSN, DOB LAST NAME MIDDLE NAME FIRST NAME SSN HISTORY DATE USED DOB HISTORY DATE USED HISTORY - ADDRESS (RECORD COUNT: 0) STREET Created by: J/SORG\SNEWBELL CITY STATE Page 1 of 1 ZIP DATE UPDATED DATE ENTERED Created Date/Time: 11712019 3:46:06 PM TENNESSEE BUREAU OF INVESTIGATION Document Se,9~,!7~i~f.tlllif ·~ U J ~ ~ a , r Force} IE~kR!Snait!1W~:!2.~Mbtta chments\Forensi q~J~~A..l.!8St for Examination .~~~~rc~5Rd. Nashville, TN 37216-2639 Knoxville, TN 37914 Memphis, TN 38134 615-744-4000 865-549-7800 901-379-3400 COMPLETE ALL SECTIONS OF FORM EXCEPT SHADED AREAS FROM:_S_A_R_a_m_o_n_a_P_ .s_m _ it_ h_________ Officer Email: _R_a_m_o_n_a_.S_m_it_ h_@_t_n_.g_o_v______ Requesting Officer (case ,wigncd) TBI Agency Case No: NA-16A-000156 County or Offense: _D_a_v_id_s_o_n _ _ _ ________ _ Requesting Agency ll01R.S. GauBMJ Address :m,. City 615 Phone: Type ofOffense: ZIP 202-8748 Subject Date of Offense: Sex Race p iu Radonda L. Vaught Date of Birth 1/25/1984 Patient Abuse & Gross Negligence _D _ e_c_e_m_b_e_r_2_6_,_2_0_1_7_ ___ _ ___ Victim Charlene M. Murphey Sex Race ~ 0 Date of Birth 7/21/1942 !~::;t On December 26, 2017, Register Nurse Vaught was ordered to administer Versed to patient Murphey LAB ONLY Item Number 1 Where Recovered Description of Evidence Plastic bag labeled Versed containing one vial Vanderbilt Medical Center labeled vecuronium bromide, two syringes, one large alcohol prep pad E11nuo1fioo Rcq utslcd: ..._.,.,,,.,__......, __ ~.,..,.,.., _, .,,.i>cWi,g_...,_ _,,,,.,.....,,.._.,...,...,..,"""""""'°""" O·•·;•l~~-I-/: 1- r • ' ,f 1, ' - ;)fl;r.: _ _ __ _ - • l!""'_____________ •'\l!019-09\Attachments\Evldsnce Photos• Piac1ic Bag w,th Contents.pd - . s35Document Seq: f&jftli6.EnmwmmltTillle:1£\lilM!~~ll&'ldiltM§ with ~19-09\Attachments\Evidence Photos - Placlic Bag with CoAtents.pdf ' _r .. about-1 gnu-MM". 6! ?W-Olhmaq: . 5 . ?mun-1*- hmu? l? ?mu. .. ?3 #ij?mgg??i?mww - ,u ?Is-15-. ?run-I I mu . . ppm. 9 vu-n ArmIn: In?, a. u. yum.? ?4m; M. ?It?d-pail h. t] (.L: wh'?uu? "up. . 'J?f?j?iul'?nl? 531:1:- Ir! . I am." Fu- nun-mil *1!qu .. dun-r In HI II20mins?44! ra?. Em, g; . 55-. ii 3 ?s ?0 ?mine-ramsJubxczuq-I . - ' ;MEDLIM : LARGE PREP PAD • • 70% lsopropyl Alcohol Sterile in unopened, undamaged package [REF !MDS090670 Product Facts Uses • For ren1oval of oi:ls and residue from skin Directions • Apply to skin as needed • Do not get into eyes • Discard after single use • Do not apply over large areas of the body • If irritation and redness develop, discontinue use and consult a healthcare provider • If accidentally swallowed, seek medical help or contact a Poison Control Center right away Warnings Keep out of reach of children. For external use only. Flammable. Keep away from fire or flame. Ingredients lsopropyl alcohol, water Other information • Protect from freezing, avoid excessive heat www.medline.com Medline is a registered trademark of Medline Industries, Inc. Made in China for Medline Industries, Inc., Northfield, IL 60093 USA. 1-800-MEDLINE RD17CN1 [§J 52717070038 ~~~u~:cture 07-20-2017 d OocUment Seq· IP~O,fi.CllJJlwrromfTlilill~~l'!l.80di8dlg with 11:Q'JRe)lilll1.i>'l ill19-09\A\18chments\Evlclence Photos • Plactic Bag with Contents.pd! 0.9% SODIUM CHLORIDE ~!'~ •c,:-T 1"!'' ~ u;o ormal Sa.line umo111 s · IP&lmWi tnmwmm1tmlill!:li!VllA!ilE~R~iU!1 wil h ~R~~9-09\Attacilments\Evidence Pl1otos • Plactic Bag wnh Contents.pd! ~SODIUMCHL I ade wit \l Documen1 Seq• R'l'.d'illl66.rni.JW11um1mllE.IE\©1tiiilE~P!lift1'111&1Jg w1lh itc\RSiillnt,tll\ID 19-09\Attac.hrnent~\E111dE-nce Ptiolos - Plactff. Bag w11t1 Conle;its ~r ,if IRE~] MDS090670 PREP PAD • 70% rsopropyl1Alcohol • Sterife in unopened, undamaged package Product Facts Uses m For reffiOVal of oils and residue from skin Directions • Apply to skin as needed • Do not get into eyes • Discard after single use • Do not apply over large areas of the body • If irritation and redness develop, discontinue use and consult a healthcare provider • If accidentally swallowed , seek medical help or contact a Poison Control Center right away Warnings Keep out of reach of children. For external use only. F\ammable. Keep away from fire or flame. ,: ti a. ., -'"-=C j: !ll Ingredients lsopropyl alcohol, water . . C: 18 1 ~ u fl l ;, 0 15 !!! Q. jg €~ JI ii g-- ~il! ~ c cZf g'g "' D ~· . Other information • Protect from freezing, avoid excessive heat www.medline.com Medline is a regi stered trademark of Medline Industries, Inc. Made in China for Medline Industries, Inc., Northfield , IL 60093 USA. 1-800-M EDLINE RD17CN1 [ o:f] 52717070038 d ~~~u~~cture 07-20-2017 VANDERBILT U N I V E RS fT Y MEDICAL CENTER Net1ro logy/Ne1,rosurgery ICU January 3, 2018 R_aDonda Vaught Dear RaDonda; A significant patient s-afe-ty ari d care event occurred on December 26, 2017. The hospital condu cted an internal invest igatio n, Interviewing you during the fact findin g pt-ocess. It has been determined t hat you did not validate the five rights of medication administration, per policy, which is part of your respo nsibility and within your scope of practice as a Registered Nurse. As a result of these findings, the deci sion has been made to end your employment as a Registered Nurse in our Neuro I_CU at Vanderbilt University Medical Center. After a thorough review of findings, as well as your admissions and review of the incident, it has been determined that because of these actions you will not be eligible for rehire at Vanderbilt in the future. In addition, we are obligated to report this incident to the Tennessee Board of Nursing for violation of their rules. Please return all Vanderbllt property {key and ID badge) at t his time. If you are currently enrolled in a benefits plan, you may be eligible for continuation through COBRA. You will receive information regarding that process fro m t he benefits offi ce. Sincerely, Marcee Lupica RN, BSN, MBA, NEA-BC L .. .1 ~'I ~ l I I Y,ffa,•u!.e. ..td~0J 0. (_.'¥!)/ If. ~ • /, , I • 11 I ,