Woman to get oxygen system

PORTLAND – Vicki Fulkerson is anxiously awaiting the installation of her new liquid oxygen system.

A federal judge Friday issued a temporary restraining order that requires the state Department of Human Services to install the system, which does not rely on electricity, as soon as possible.

The Portland woman sued DHS Commissioner Kevin Concannon on Thursday for not providing her the system despite the recommendation of a hearing officer last month.

Fulkerson, 38, suffers from muscular dystrophy and lives at home with her mother, Angie Mitchell. She lived in fear of the power going off in the middle of the night, shutting down her oxygen supply in 18 minutes, the time it takes to deplete the backup battery.

Frank D’Alessandro, a lawyer with Pine Tree Legal Assistance who is helping Fulkerson, says the DHS is just trying to save money. The liquid oxygen unit will cost almost $7,000 per year. The concentrator unit, however, costs about $1,200 for three years.

Justice George Z. Singal said in his order that Fulkerson has a strong case and that Concannon appeared to violate federal law by not making a decision on Fulkerson’s request within 90 days.

Until last November, Fulkerson used H-tanks that did not need electricity. But suppliers in the state stopped carrying H-tanks and she switched to an oxygen concentrator, which requires electricity.

Fulkerson cannot speak well because her oxygen is supplied through a tracheotomy tube. A nurse serves as an interpreter.

Fulkerson, who does not want to move to a hospital or nursing home, probably would be fine during the day. Nurses care for her about 15 hours a day and her mother cares for her on weekends.

Only her mother is there at night, and with her diminished hearing Fulkerson fears she might not hear the power-off alarm on the oxygen concentrator. Also, her mother probably would not be able to hook up the alternate backup supply in an emergency, she said.

David Winslow, spokesman for DHS, defended the department’s tardiness on making a decision on Fulkerson’s request. He said the department was researching the possibility of providing her with a backup generator that would automatically turn on in a power outage.

The department was four days over the 90-day limit for making a ruling.

The DHS issued its decision Friday before Singal made his ruling. Singal rejected the DHS decision on the backup generator, but said the department can make a case for it later.