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Tuesday, February 20, 2007

Courts - "Mistrial declared in Notre Dame coach's malpractice case"

The AP is reporting this afternoon, in a story that begins:

BOSTON (AP) -- A judge declared a mistrial Tuesday in Notre Dame coach Charlie Weis' medical malpractice lawsuit after a juror collapsed and several doctors - including the two defendants - rushed to his aid.

The juror, an 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 collapsed 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 than when a juror has this kind of incident," attorney Michael Mone said.

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 to grant a mistrial.

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

Here is an earlier report on the case, from Feb. 16th.

For background, see this ESPN report from Feb. 13th and especially this Boston Globe story from Jan. 24th.

Posted by Marcia Oddi on February 20, 2007 02:09 PM
Posted to Courts in general