Massachusetts Personal Injury and Workers' Compensation Law Blog
This disappointing news comes courtesy of the Boston Globe:
Former New England Patriots offensive coordinator Charlie Weis lost his lawsuit today against two surgeons who he said were negligent in treating him when he underwent gastric bypass surgery five years ago.
Michael Mone, the attorney for Weis, who is now head coach at Notre Dame, said he doubted that his client would try to appeal the decision.
“Obviously, Mr. Weis and I are disappointed. We recognize these cases are very difficult. They involve very complicated medical facts, and the jury listens to very different views on complicated medical facts. Medical malpractice cases are very difficult.
“We will consider an appeal, but we have no intention to do so. There are no issues that came up at the trial that would appear to be the basis for an appeal.”
Mone said Weis was flying back to South Bend, Ind. this afternoon and couldn’t be reached for comment.
Weis contended in his lawsuit that Massachusetts General Hospital surgeons Charles Ferguson and Richard Hodin had acted negligently by allowing him to bleed internally for 30 hours after the procedure June 14, 2002.
It was the second time Weis had sued. The first trial ended in a mistrial in February after the two doctors rushed to help a juror who had collapsed in the courtroom.
Ferguson, director of Mass. General’s surgical residency program, and Hodin, a surgeon and professor at Harvard Medical School, have insisted that they gave Weis excellent care after his surgery in June 2002.
Weis told the jury of a grueling recovery and worries that he might have to give up his career as a football coach and his life as an active husband. To this day, Weis said, he waddles, he has limited use of his feet, and his hips ache.
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 told The Associated Press. "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."