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Mistrial in Malpractice Case After Defendants Aid Juror
February 20, 2007

Source: Katie Zezima
A mistrial was declared on Tuesday in a medical malpractice case brought by the head football coach at the University of Notre Dame after a juror collapsed and the defendants, two doctors at Massachusetts General Hospital, rushed to help him.

The coach, Charlie Weis, who had N.F.L. coaching positions with the New England Patriots, the New York Giants and the New York Jets, has accused the doctors of negligence by letting him bleed internally for 30 hours after a gastric bypass in 2002. Mr. Weis’s lawyer said that he nearly died after the procedure and that the operation left his legs with nerve damage. The doctors, Richard A. Ferguson and Charles M. Hodin, said that Mr. Weis knew the dangers of the operation and that bleeding was not uncommon after such surgery. Around 10 a.m. as another doctor was testifying, a juror gasped and lost consciousness. The witness, with Drs. Ferguson and Hodin, rose and helped the juror, who was taken to a hospital.

After the juror left, Mr. Weis’s lawyer, Michael Mone, asked Judge Charles T. Spurlock of Superior County in Suffolk County for a mistrial. In an interview, Mr. Mone said two jurors had told the judge that the events could influence their verdict. “Like anybody, he wanted the case to be completed,” Mr. Mone said of his client. “But he also wanted to have the case decided by a jury that was not affected by such an extraordinary event.” On Friday, the Patriots quarterback, Tom Brady, testified that after the operation he saw Mr. Weis drift in and out of consciousness and that leg pain subsequently often hobbled the coach.


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