December 2, 2010 – Michael Jackson’s father has refiled a wrongful death lawsuit against the late pop icon’s doctor, alleging negligence in treatment before the singer’s death and when he was found unconscious.
The 24-page lawsuit, filed at the Los Angeles Superior Court this week — after a federal court rejected it in June — claims that Dr. Conrad Murray spent 47 minutes on the phone while Jackson was dying on June 25, 2009.
Joseph Jackson is seeking unspecified damages from Murray and others, including a Las Vegas pharmacy said to have supplied the powerful sedative drugs administered to the 50-year-old in the run-up to his death.
“Defendants negligently did not recognize Michael Jackson’s life threatening distress, which defendants caused through their use of inadequate equipment, personnel and monitoring,” said the suit, a copy of which was obtained by AFP.
Jackson’s father already filed a suit with a federal US court on June 25 this year, the anniversary of his son’s death, but it was dismissed because the court said it was not within its jurisdiction.
The refiled wrongful death suit again sets out in grim detail the alleged events in the hours leading up to Jackson’s death, and the immediate aftermath.
It notes that Murray initially told investigators that he found Jackson not breathing shortly before 11:00 am at his Los Angeles home, but that a 911 emergency call was not made until 12:22 pm.
The 57-year-old doctor later changed his version of events, after police discovered that he had spent 47 minutes talking on the phone, allegedly in relation to his medical business in Nevada and Texas.
“Defendants were negligent and acted below the standard of care by conducting their Texas and Nevada medical practice business outside of (Jackson’s) immediate presence for 47 minutes while (Jackson) was unconscious.”
Once Jackson was taken to hospital, Murray failed to divulge Jackson’s medical background or full details of the drugs he had taken, and even allowed Jackson to be misidentified by the false name of Soule Shaun, the lawsuit says.
Jackson was found to have died after being injected with a powerful cocktail of sedatives and painkillers including Propofol, to help him sleep.
In separate criminal action, Murray was charged with involuntary manslaughter in February this year. A judge has set a deadline of early January for prosecutors to gather evidence in that case.
The refiled civil lawsuit says Murray tried repeatedly to resuscitate Jackson in his bed but without success, and only asked for someone to call 911 when it was too late.
It also alleged that he told a security guard, Alberto Alvarez to clean up the room of drugs. “Alberto Alvarez told police defendant Murray asked him to call 911 only after the room was cleared of the drugs.”
As well as Murray, the lawsuit is also against Applied Pharmacy Services, a Nevada company which allegedly sold Murray propofol during the month before the singer’s death.
Jackson wants damages for “loss of comfort and companionship, loss of services, loss of affection, loss of income ..future earnings, costs and expenses .. physical pain and injury, emotional pain, distress and suffering.”
The legal papers also recount Jackson’s poor health in the run-up to his death, noting that at the time he was suffering from “co-morbidities including anemia, chronic pneumonia, chronic bronchitis and brain swelling.”
“In May and June 2009, Michael Jackson was confused, easily frightened, unable to remember, obsessive and disoriented. He had impaired memory, loss of appetite and absence of energy,” it added.