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Mistrial Declared In Weis' Malpractice Trial

Juror Collapses In Courtroom

POSTED: 11:20 am EST February 20, 2007
UPDATED: 6:05 pm EST February 20, 2007

A judge declared a mistrial Tuesday in the medical malpractice case brought by former New England Patriots coach Charlie Weis after a juror collapsed during testimony.

NewsCenter 5's Gail Huff reported that four doctors -- including defendants Dr. Charles Ferguson and Dr. Richard Hodin -- rushed to his aid.

The juror, a 63-year-old man, apparently passed out during court proceedings. The doctors took vital signs and tended to the man, who slumped down in his chair after moaning.

Judge Charles Spurlock ordered the courtroom vacated while 911 was called. His condition and identity were not immediately known.

Weis' attorney told the judge that when the doctors rushed into action, it tainted the jurors' views of the defendants.

"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 that the mistrial would be unfair.

"I certainly wasn't supportive of the mistrial. I opposed it vehemently. We thought the case was going very well for the doctors, and we were confident. We thought that the jury was listening intently, and we were very optimistic that there was going to be a good result and that there would be no negligence found," attorney William Daley said.

Weis, the current Notre Dame football coach, claims that the Massachusetts General Hospital physicians acted negligently after his June 2002 gastric bypass surgery.


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