OT: Weiss LOSES Lawsuit

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  • BatemanPatrickl
    SBR Posting Legend
    • 06-21-07
    • 18772

    #1
    OT: Weiss LOSES Lawsuit
    Justice is served. This guy should lose his free McDonald's lifetime pass...

    BOSTON (AP) -- A jury on Tuesday found against Notre Dame football coach Charlie Weis in his medical malpractice lawsuit against two doctors he claimed botched his care after he had gastric bypass surgery five years ago.

    The jury deliberated almost three hours before finding Massachusetts General Hospital surgeons Charles Ferguson and Richard Hodin were not negligent.

    Weis, 51, who won three Super Bowls as offensive coordinator for the New England Patriots, accused the surgeons of negligence for allowing him to bleed internally for 30 hours before performing a second surgery to correct the complication.

    Weis became gravely ill after the 2002 surgery and nearly died. He testified he still has numbness and pain in his feet and sometimes has to use a motorized cart. Seated next to the surgeons on the front row of a courtroom bench, he was stoic as the verdict was read and left the courtroom without comment. His lawyer, Michael Mone, did not immediately return a call.

    The doctors declined comment as they left the courtroom, referring questions to their attorney, William Dailey Jr.

    "They are greatly relieved by the verdict," Dailey said. "It's obvious that the jury quickly determined there was no evidence of any ongoing bleeding for 30 hours."

    "They and all of the staff down at the Mass. General wished Coach Weis well."

    Ferguson, director of Massachusetts General's surgical residency program, and Hodin, a surgeon and professor at Harvard Medical School, said internal bleeding was a well-known complication of the stomach stapling surgery. They said they believed the bleeding would stop on its own and were concerned about performing a second surgery because of the risk of a pulmonary embolism.

    Ferguson testified Weis ignored his advice and pushed to have the operation done quickly rather than going through a recommended six-week preoperative program.

    Lawyers for the doctors told the jury that Weis, who weighed about 350 pounds before the surgery, lost about 100 pounds over the next year and landed one of the premier coaching jobs in the country at Notre Dame, his alma mater.

    Weis decided to have the surgery after seeing a slimmed-down Al Roker on television. With a family history of heart disease, he said he was motivated by a desire not to leave his wife a widow.

    Weis testified that he told only two people, his wife and Patriots quarterback Tom Brady, about his decision. He told New England coach Bill Belichick he was going to have a "stomach procedure."

    "I've always felt pretty good about being able to control things in my life," Weis testified. "I always felt very disappointed that this [his weight] was something I couldn't control."

    This was the second time the case had gone to trial. The first ended in a mistrial in February after Ferguson and Hodin rushed to the aid of a juror who collapsed in the courtroom.
  • bigboydan
    SBR Aristocracy
    • 08-10-05
    • 55420

    #2
    Like I was telling you before Bateman. Those types of cases are very hard to win. However, I don't doubt one bit that those doctors are guilty though.
    Comment
    • BatemanPatrickl
      SBR Posting Legend
      • 06-21-07
      • 18772

      #3
      Originally posted by bigboydan
      Like I was telling you before Bateman. Those types of cases are very hard to win. However, I don't doubt one bit that those doctors are guilty though.
      Guilty of performing an operation to help save a man's life? The human body is very fickle and performing a stomach stapling operation would most likely cause some type of reaction.

      Weis should not have let himself get that way in the first place.
      Comment
      • bigboydan
        SBR Aristocracy
        • 08-10-05
        • 55420

        #4
        Thats irrelevant Bateman. The fact remains that he was hurt from the surgery in some type of way, otherwise that case would have never went to court. Like I was saying before though, 1 out of every 25 cases win.
        Comment
        • BatemanPatrickl
          SBR Posting Legend
          • 06-21-07
          • 18772

          #5
          Originally posted by bigboydan
          Thats irrelevant Bateman. The fact remains that he was hurt from the surgery in some type of way, otherwise that case would have never went to court. Like I was saying before though, 1 out of every 25 cases win.
          Trial lawyers are destroying America BBD. Complications are expected after an operation. I have had two operations on my face and there were things afterwards that I did not expect.

          Did you ever sue a doctor sir?
          Comment
          • bigboydan
            SBR Aristocracy
            • 08-10-05
            • 55420

            #6
            Originally posted by BatemanPatrickl
            Trial lawyers are destroying America BBD. Complications are expected after an operation. I have had two operations on my face and there were things afterwards that I did not expect.

            You always have to assume there will be complications, I'll give you that much. However, for example. lets say you go in to have your right leg cut off, and the doctor cuts off your left leg instead. I'd like to would you sure the doctor if that happen to you or no?
            Comment
            • BatemanPatrickl
              SBR Posting Legend
              • 06-21-07
              • 18772

              #7
              Originally posted by bigboydan
              You always have to assume there will be complications, I'll give you that much. However, for example. lets say you go in to have your right leg cut off, and the doctor cuts off your left leg instead. I'd like to would you sure the doctor if that happen to you or no?
              Yes sir but Weis had internal bleeding which probably was a complication from ripping his stomach apart.

              The doctors were cleared and I applaud the jury
              Comment
              • bigboydan
                SBR Aristocracy
                • 08-10-05
                • 55420

                #8
                Well you understand the point I was trying to make. 1 out of every 25 people actually win a court decision. I'm not saying it right or wrong, but I am saying thats just the way it is.

                What I don't understand was the fact that Weis didn't accept the settlement offer from the insurance company offered when his lawyer knew that fact. That was just flat out dumb on his part.
                Comment
                • BatemanPatrickl
                  SBR Posting Legend
                  • 06-21-07
                  • 18772

                  #9
                  Originally posted by bigboydan
                  Well you understand the point I was trying to make. 1 out of every 25 people actually win a court decision. I'm not saying it right or wrong, but I am saying thats just the way it is.

                  What I don't understand was the fact that Weis didn't accept the settlement offer from the insurance company offered when his lawyer knew that fact. That was just flat out dumb on his part.
                  Sir, may I ask if you have ever sued anyone?
                  Comment
                  • bigboydan
                    SBR Aristocracy
                    • 08-10-05
                    • 55420

                    #10
                    I'm in the middle of a lawsuit right now Bateman. When in with a back problem and came out with a leg problem. Turned out that the doctor cut a nerve root in my back that wasn't anywhere near the problem area. 5 differnt doctors confirm that to be 100% fact too. Now you tell me was that doctor right or wrong?
                    Comment
                    • MonkeyF0cker
                      SBR Posting Legend
                      • 06-12-07
                      • 12144

                      #11
                      Originally posted by BatemanPatrickl
                      Trial lawyers are destroying America BBD. Complications are expected after an operation. I have had two operations on my face and there were things afterwards that I did not expect.

                      Did you ever sue a doctor sir?
                      That's the only protection we have against the system. How else do you presume that we should ensure that doctors are held accountable for missteps? I know several people who have had doctors either mistreat a condition or botch a surgery. These are situations that have severely changed their lifestyle and made them completely unemployable. Are they just supposed to turn a blind eye? They received some money but they'd give back 100x what they got for their lives back. Yet you think that even those small peanuts should be taken away from them?
                      Comment
                      • BatemanPatrickl
                        SBR Posting Legend
                        • 06-21-07
                        • 18772

                        #12
                        Originally posted by MonkeyF0cker
                        That's the only protection we have against the system. How else do you presume that we should ensure that doctors are held accountable for missteps? I know several people who have had doctors either mistreat a condition or botch a surgery. These are situations that have severely changed their lifestyle and made them completely unemployable. Are they just supposed to turn a blind eye? They received some money but they'd give back 100x what they got for their lives back. Yet you think that even those small peanuts should be taken away from them?
                        For ghetto lottery winners, YES! Innocent victims, NO!
                        Comment
                        • BatemanPatrickl
                          SBR Posting Legend
                          • 06-21-07
                          • 18772

                          #13
                          Originally posted by bigboydan
                          I'm in the middle of a lawsuit right now Bateman. When in with a back problem and came out with a leg problem. Turned out that the doctor cut a nerve root in my back that wasn't anywhere near the problem area. 5 differnt doctors confirm that to be 100% fact too. Now you tell me was that doctor right or wrong?
                          You have a case. Weis didn't and got what he deserved. Nothing.
                          Comment
                          • MonkeyF0cker
                            SBR Posting Legend
                            • 06-12-07
                            • 12144

                            #14
                            Originally posted by BatemanPatrickl
                            For ghetto lottery winners, YES! Innocent victims, NO!
                            What exactly is a "ghetto lottery winner"? The judicial process weeds out frivolous claims briskly. Only those with some merit generally make it to trial. So where is the discrepancy?
                            Comment
                            • BatemanPatrickl
                              SBR Posting Legend
                              • 06-21-07
                              • 18772

                              #15
                              Originally posted by MonkeyF0cker
                              What exactly is a "ghetto lottery winner"? The judicial process weeds out frivolous claims briskly. Only those with some merit generally make it to trial. So where is the discrepancy?
                              Ambulance chasers. I have one in my office building. His clients look like they just crawled out of a paper bag and I would be shocked if any of them held a job. They are limping around like wounded dogs but when that check comes they run to the bank. I have seen this injured people outrun slow moving vehicles so they can collect free money that you and I foot the bill for.
                              Comment
                              • durito
                                SBR Posting Legend
                                • 07-03-06
                                • 13173

                                #16
                                Weiss had an elective surgery (and did not follow the doctors recommended preparation advice) that has serious risks.

                                gastric bypass surgery is a dangerous procedure, people die from it every year.

                                excessive lawsuits against doctors are one of the reasons health care costs more in the US than in any other nation on earth.
                                Comment
                                • BatemanPatrickl
                                  SBR Posting Legend
                                  • 06-21-07
                                  • 18772

                                  #17
                                  Originally posted by durito
                                  Weiss had an elective surgery (and did not follow the doctors recommended preparation advice) that has serious risks.

                                  gastric bypass surgery is a dangerous procedure, people die from it every year.

                                  excessive lawsuits against doctors are one of the reasons health care costs more in the US than in any other nation on earth.
                                  Well said and right on the money.
                                  Comment
                                  • bigboydan
                                    SBR Aristocracy
                                    • 08-10-05
                                    • 55420

                                    #18
                                    Originally posted by MonkeyF0cker
                                    What exactly is a "ghetto lottery winner"? The judicial process weeds out frivolous claims briskly. Only those with some merit generally make it to trial. So where is the discrepancy?
                                    I understand what he means by that statement MokeyFocker.

                                    Edwardsvillie IL (roughly East St.Louis area) was #1 on the list of highest mal-practice payouts in like 2004/05 range. Now what Bateman fails to acknowledges is the fact that those jurors were much too liberal on there awarded damages. Just because East St.louis is part of the Edwardsvillie jury pool doesn't make it a "ghetto lottery at all, because "Edwardsvillie is mainly made up a middle class America. Hell, those doctors over there won't refer it's patients until it's too late.

                                    This little fact is why Bush was lobbied by insurance companies to put malpractice caps in place.
                                    Comment
                                    • MonkeyF0cker
                                      SBR Posting Legend
                                      • 06-12-07
                                      • 12144

                                      #19
                                      Yeah that's the small-minded mentality of most of our populace and the current administration. It's sad really. Make an example of a small sample of egregious judgements and generalize all of them so that they are indicative of the entire system. Have health care costs gone down as Bush's malpractice caps have been enacted? No. It just lines the pockets of the health insurance companies. I guess they are the ones that need protection, not the patients. Just unbelievable.
                                      Comment
                                      • gridironguy
                                        SBR Wise Guy
                                        • 04-17-07
                                        • 575

                                        #20
                                        There must have been some USC TROJANS on the jury, because he loses to them every time!

                                        LOL, actually he's only played them twice but I just couldn't resist throwing that one in there..
                                        Comment
                                        • jjgold
                                          SBR Aristocracy
                                          • 07-20-05
                                          • 388179

                                          #21
                                          Charlie is a jerkoff

                                          Lousy coach

                                          Tom Brady is why he won titles
                                          Comment
                                          • pico
                                            BARRELED IN @ SBR!
                                            • 04-05-07
                                            • 27321

                                            #22
                                            Originally posted by BatemanPatrickl
                                            Justice is served. This guy should lose his free McDonald's lifetime pass...

                                            BOSTON (AP) -- A jury on Tuesday found against Notre Dame football coach Charlie Weis in his medical malpractice lawsuit against two doctors he claimed botched his care after he had gastric bypass surgery five years ago.

                                            The jury deliberated almost three hours before finding Massachusetts General Hospital surgeons Charles Ferguson and Richard Hodin were not negligent.

                                            Weis, 51, who won three Super Bowls as offensive coordinator for the New England Patriots, accused the surgeons of negligence for allowing him to bleed internally for 30 hours before performing a second surgery to correct the complication.

                                            Weis became gravely ill after the 2002 surgery and nearly died. He testified he still has numbness and pain in his feet and sometimes has to use a motorized cart. Seated next to the surgeons on the front row of a courtroom bench, he was stoic as the verdict was read and left the courtroom without comment. His lawyer, Michael Mone, did not immediately return a call.

                                            The doctors declined comment as they left the courtroom, referring questions to their attorney, William Dailey Jr.

                                            "They are greatly relieved by the verdict," Dailey said. "It's obvious that the jury quickly determined there was no evidence of any ongoing bleeding for 30 hours."

                                            "They and all of the staff down at the Mass. General wished Coach Weis well."

                                            Ferguson, director of Massachusetts General's surgical residency program, and Hodin, a surgeon and professor at Harvard Medical School, said internal bleeding was a well-known complication of the stomach stapling surgery. They said they believed the bleeding would stop on its own and were concerned about performing a second surgery because of the risk of a pulmonary embolism.

                                            Ferguson testified Weis ignored his advice and pushed to have the operation done quickly rather than going through a recommended six-week preoperative program.

                                            Lawyers for the doctors told the jury that Weis, who weighed about 350 pounds before the surgery, lost about 100 pounds over the next year and landed one of the premier coaching jobs in the country at Notre Dame, his alma mater.

                                            Weis decided to have the surgery after seeing a slimmed-down Al Roker on television. With a family history of heart disease, he said he was motivated by a desire not to leave his wife a widow.

                                            Weis testified that he told only two people, his wife and Patriots quarterback Tom Brady, about his decision. He told New England coach Bill Belichick he was going to have a "stomach procedure."

                                            "I've always felt pretty good about being able to control things in my life," Weis testified. "I always felt very disappointed that this [his weight] was something I couldn't control."

                                            This was the second time the case had gone to trial. The first ended in a mistrial in February after Ferguson and Hodin rushed to the aid of a juror who collapsed in the courtroom.
                                            what is this all about?
                                            Comment
                                            • Seattle Slew
                                              SBR Hall of Famer
                                              • 01-02-06
                                              • 7373

                                              #23
                                              I'm disappointed in Weis as well. The evidence showed he rushed his rehab to get back on the field because he didn't want to miss the season with the Pats because it would hurt his coaching chances.

                                              This guy's got a $50 million deal with Notre Dame. He doesn't need to be suing doctors for more money.
                                              Comment
                                              • jjgold
                                                SBR Aristocracy
                                                • 07-20-05
                                                • 388179

                                                #24
                                                Charlie you already proved what a lousy coach you are, great record against teams out of the top 100 and like 2-15 against good teams.

                                                Charlie your a fukkin racist too, secondly you had great plyers at ND and still failed.

                                                Charlie your a rich failure that is all Son.
                                                Comment
                                                • punchmaster
                                                  SBR Sharp
                                                  • 09-29-05
                                                  • 322

                                                  #25
                                                  maybe mega fatty should have considered these new things called diet and exercise rather than taking the lazy-ass ridiculous option he chose...
                                                  Comment
                                                  • BatemanPatrickl
                                                    SBR Posting Legend
                                                    • 06-21-07
                                                    • 18772

                                                    #26
                                                    Originally posted by punchmaster
                                                    maybe mega fatty should have considered these new things called diet and exercise rather than taking the lazy-ass ridiculous option he chose...
                                                    Yes but those evil doctors trying to save him didn't do their jobs after explaining to him in detail PRE and POST operation procedures. I hope they made the fat bastard pay the other side's legal fees.
                                                    Comment
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