OT- Mistrial declared in Charlie Weiss case

By MARK PRATT, Associated Press Writer 1 hour, 49 minutes ago

 

BOSTON - A judge declared a mistrial Tuesday in a medical malpractice case brought by Notre Dame football coach Charlie Weis after a juror collapsed and several doctors — including the two defendants — rushed to his aid.  The juror, an unidentified older man, began moaning as he listened to an expert testifying in defense of Massachusetts General Hospital surgeons Charles Ferguson and Richard Hodin. Weis claims they botched his care after gastric bypass surgery in June 2002.

The judge immediately ordered the other jurors out of the courtroom, but some saw Ferguson, Hodin and other doctors who were in the courtroom rush to the juror's aid.

An attorney for Weis said it was with "great reluctance" that he ask for the mistrial in the case that was expected to go to the jury Wednesday.

"I cannot think of an instance there would be more reason then when a juror has this kind of incident," attorney Michael Moan said, noting some jurors had seen the doctors attending to the juror.

A lawyer for the doctors said a mistrial would be unfair to the surgeons, who had rearranged their schedules to accommodate Weis, who is in the offseason for football.

Judge Charles Spurlock, however, agreed that a mistrial was needed.

"The integrity of the court is more important than schedules," Spurlock said.

The juror collapsed while listening to the testimony of Dr. David Brooks, an expert who was saying the doctors acted responsibly in their treatment of Weis.

Spectators were ordered out of the courtroom shortly after the man fell ill. He was taken away in an ambulance; his condition and identity were not immediately known.

Weis accuses Ferguson and Hodin of acting negligently by failing to recognize life-threatening internal bleeding and infection after his surgery.

The trial, which featured testimony from Patriots quarterback Tom Brady, was entering its second week.

Spurlock consulted with both sets of lawyers and spoke to the jurors after the man fell ill. One juror said he did not know if he could put the incident out of his mind in his deliberations.

William Dailey Jr., the lawyer for the doctors, said he wanted the trial to go on, saying a mistrial "would be terribly unfair to these doctors."

"They responded the way they were trained to do," he said. "They simply stood up and tried to help."

I hope they reschedule the trial during football season. Why not inconvenience Mr Weis? The doctors were already inconvenienced, now it's his turn.

They had to decalare the mistrial.  That is ironic that the other jurors see the two "hero" doctors in action.   I hope the guy is alright but the whole thing is kind of funny.   Scott

I am pulling for Coach on this one.  Before I had my weight loss sugery I got in contact with him to here his story before pressing on.  After talking with him I was still convinced to proceed with the surgery.  He has some real strong feelings about the doctors who did his WLS.  He is a very lucky man to be alive today.  I remember when they had a Priest give him last rites.  I do not think this is just someone looking for big money, after all Notre Dame pays him very well.   He has lost around 90 lbs after going thru his rough time. Dan

Dan, It was weird that in the press release stuff, one of the problems was that they didn’t do a ‘leak test’ on him till after a couple of days…. That could be the problem right there. Just have to wait till the courts finish with it…If there’s actual Mal-Practice- Then "Get ‘em!" If not, I hope they’re cleared and past it as soon as possible…. Sometimes "freak" occurrences happen. Like a ruptured Bowel, or a juror falling out in court….Who could have predicted that? Maybe it’s a series of- "What are the odds of that happening?" Best Wishes- Dx