Post anterior relacionado: https://malagaaunike.wordpress.com/2010/06/23/la-demanda-joe-jackson-vs-conrad-murray/ .
Ayer, Viernes 25 de Junio 2010, cumplía la notificación – (imperativo legal según las Leyes de California, E.E.U.U.) – de Joe Jackson a Conrad Murray para la interposición de la demanda civil por “Wrongful Death”.
El Sr. Joe Jackson se presentó personalmente ayer en el Tribunal Federal y cual no fue su sorpresa al ser informado que la notificación (de un plazo de 90 días) tenía un defecto de forma. Por lo que, se deberá de subsanar ese error y mandarla, de nuevo, a Conrad Murray quien, de nuevo, tendrá un plazo de 90 días para ontestarla a través de sus abogados.
El abogado Brian Oxman, en representación de Joe Jackson, tramitó esa notificación.
Este error de forma no deja en buen lugar a Brian Oxman y deja en entredicho, en mi opnión, su capacidad profesional como abogado.
Aquí está la demanda Joe Jackson vs Conrad Murray , cortesía de TMZ.
Tengo la intención de traducirla y comentarla. Es muy interesante poder tener acceso a este documento porque revela muchos detalles cruciales de las últimas horas de Michael. También aviso que Brian Oxman incurre en algunas contradicciones en su planteamiento, opino yo.
Quién tenga buen/alto nivel de inglés y nociones jurídicas puede ir comentando al final del post.
También aviso que leer y entender la demanda con todos “esos detalles” es muy doloroso.
Este tipo de demanda tiene un plazo “de contestación”: el plazo termina el 25 de junio 2010. ¿ Casualidad?
1. On June 25, 2009, Joseph Jackson was the biological and natural father of decedent, Michael Joseph Jackson, and the dependent parent of Michael Joseph Jackson supported as provided in Code of Civil Procedure section 377.60.
2. On that date, Michael Joseph Jackson, was the biological son and natural child of Joseph Jackson, and under the care and treatment of defendant, Conrad Murray, a physician.
3. On that date, defendant Conrad Murray, was a physician licensed to practice medicine in the State of California and engaged in the practice of medicine in the County of Los Angeles, State of California, treating decedent, Michael Joseph Jackson.
STATEMENT OF THE CASE
4. Defendant Murray has given multiple and contradictory versions of the times and events which lead to Michael Jackson’s death. Each contradiction demonstrates a reckless disregard for Michael Jackson’s life. The changing of times, dates, and events have taken place only because defendant willfully failed to keep medical records in violation of California Business and Professions Code section 2266.
A. Defendant’s Misrepresentations to and Concealment from Paramedics.
1. The initial emergency 911 call.
5. On June 25, 2009, at 12:22 p.m., the Los Angeles Fire Department received a 911 call from Alberto Alvarez, who was Michael Jackson’s security agent at 100 North Carolwood Drive, Beverly Hills, California. He stated that a 50-year old “gentleman” was not breathing and that he needed emergency assistance. Alvarez did not state the address of the location, and he did not identify himself or the operator said CPR should be continued under the doctor’s care, and paramedics were on the way.
- The Fire Department immediately responded to the 911 call. The paramedics arrived at 100 N. Carolwood within four (4) minutes at 12:26 p.m. They were at Michael Jackson’s bedside at 12:27 p.m.8. Michael Jackson was not breathing, his color was pale, and he was in cardiac arrest. The level of his condition was “severe.” His pupils were fixed and dilated. He had no detectable pulse or respirations.
2. Defendant’s false statements to Paramedics.
- Defendant Murray falsely told the Los Angeles Fire Department Paramedics that he had administered 1000 cc’s of Lorazepam (Ativan) to Michael Jackson. He told them he had administered no other drugs. These statements were false, and defendant knew they were false at the time they were made.
Defendant made the statements to conceal his violations of law from the over-administration of dangerous drugs to Michael Jackson, and the false statements violated Penal Code section 148(a)(1), which prohibits “gentleman” to whom he was referring.
6. Alvarez said the patient was under the care of a doctor who was administering cardio-pulmonary resuscitation (CPR) on the bed. The 911 operator said the patient should be removed to the floor. The false statements to a medical technician engaged in life saving activity.
10. The truth was that he had administered not only Lorazepam (Ativan) to Michael Jackson, but also a lethal dose of Propofol (Diprivan), a fast-acting hypnotic drug used for general anesthesia and surgical procedures in a hospital setting. Altogether, defendant had administered a total of nine (9) different drugs to Michael Jackson: Propofol (Diprivan), Lidocaine (Xylocaine), Diazepam (Valium), Nordiazepam (Calmday), Lorazepam (Ativan), Midazolam (Versed), Ephederine (Ephedra), Flumazenil (Romazicon), and Flomax (Tamsulosin Hydrocloride). Defendant’s statements to the paramedics, who were relying upon him to attempt to save Michael Jackson’s life, demonstrated a reckless disregard and endangerment of Michael Jackson’s life which impaired their rescue efforts.
3. The Paramedics’ rescue efforts.
11. At 12:29 p.m., the paramedics began their resuscitation. Michael Jackson had no pulse, blood pressure, respirations, or oxygen saturation reading, and his heart was in PEA (pulseless electrical activity) with no contractions. Michael Jackson’s condition remained unchanged throughout the resuscitation except that at 12:34 p.m., the PEA had ceased and his heart was in asystole (no heart beat).consider terminating their resuscitation efforts.
12. The paramedics administered several cardiac stimulating drugs without effect. At 12:50 p.m., the paramedics contacted UCLA Medical Center, and described the absence of any life signs from Michael Jackson. Dr. Richelle Cooper, who was head of the UCLA Emergency Department, told the paramedics to consider terminating their resuscitation efforts.
13. Defendant Murray stated to the Paramedics that he would be responsible for further resuscitation efforts. The Paramedics then placed Michael Jackson in the ambulance at 13:07 hours or 1:07 p.m., and the Paramedics again attempted resuscitation without success. The ambulance arrived at UCLA Medical Center at 13:13 or 1:13 p.m. Throughout the entire resuscitation effort, defendant concealed the drugs he had administered to Michael Jackson in violation of Penal Code section 148(a)(1).
B. Defendant’s Misrepresentations to and Concealment from UCLA Doctors.
1. Defendant’s false statements to Dr. Cooper.
14. On June 25, 2009, at 13:15 hours or 1:15 p.m., the paramedics brought Michael Jackson into the UCLA emergency room. Defendant Murray was present, and in his presence Michael Jackson was identified to UCLA personnel under the false name Soule Shaun. The attendants noted that while there was a cardiologist at the scene, he provided no medical history. Such conduct was an extreme violation of the standard of care.
15. Michael Jackson had no pulse, blood pressure, spontaneous respirations, or heart beat. He was given several drugs including dopamine, epinephrine, atropine, vasopressin, and sodium bicarbonate, and he his breathing was assisted by bagging with oxygen. He was not alert, his pupils were fixed and dilated, and he had no response to pain.
16. Dr. Richelle Cooper, the head of the UCLA Medical Center Emergency Department, spoke to defendant. Defendant told Dr. Cooper he had felt a pulse for Michael Jackson when he had discovered him not breathing. He stated he had only administered Lorazepam (Ativan), Diazepam (Valium), and Flomax.
17. Defendant said nothing about Propofol and nothing about Flumazenil (Romazicon), or the other drugs found in Michael Jackson’s body at his autopsy. Defendant’s conduct was an extreme departure from the standard care.
18. Dr. Richelle Cooper’s written report dated June 26, 2009, stated:
“The initial limited history was provided by Dr. Murray, during the resuscitation of the patient, and is noted in brief on the medical record. By report of Dr. Murray the patient had been working long hours but had not been ill. There was no reported trauma or seizure activity preceding the arrest.
The only reported medications reported for the patient were valium and flomax. There is no history of drug use by the patient as reported by Dr. Murray. The events surrounding the arrest, reported by Dr. Murray was that he had placed an I.V. and given the patient 2 mg of lorazepam IV. Sometime earlier in the day Dr. Murray then administered a second 2mg I.V. dose of lorazepam and reports witnessing the patient arrest.” (Emphasis added).
19. Defendant’s statements to Dr. Cooper were outrageous. Defendant’s statements were false and misled emergency personnel. Michael Jackson had also been ill. The statements demonstrated a high degree of recklessness that shocks the conscience and were an extreme departure from the standard of care.
2. Defendant’s statements to Dr. Cooper contradicted his police statement
20. Defendant told police on June 27, 2009, two (2) days later, he was afraid Michael Jackson was addicted to Propofol. He had a long history of addiction, and defendant was trying to wean him off the drugs. Yet, he told Dr. Cooper two(2) days earlier that Michael Jackson had no drug use history.
21. Defendant’s history of prescriptions to Michael Jackson went back to December, 2008, and likely earlier. When police searched Michael Jackson’s home following his death, they seized dozens of drug vials showing Michael Jackson’s exorbitant drug use. Some of the vials showed that on December 22, 2008, defendant prescribed Temazepam (Restoril) to Michael Jackson. On April 28, 2009, he prescribed Lorazepam (Ativan) to Michael Jackson. On May 14, 2009, he prescribed Lidocaine (Xylocaine) to Michael Jackson. Yet, defendant told Dr. Cooper, Michael Jackson had no history of drug use.
- Defendant told Dr. Cooper that Michael Jackson had not been ill. However, aside from Michael Jackson’s polypharmacy addiction illness, as discussed below regarding the Coroner’s Autopsy findings, Michael Jackson was suffering at the time of his death from co-mobilities, including anemia,
3. The emergency room’s resuscitation efforts.
23. At 13:21 hours or 1:21 p.m., the nurses and physicians at UCLA detected a weak femoral pulse and cardiac activity for Michael Jackson. At 13:22 hours he showed cardiac activity. At 13:33 he showed a weak ventricular rhythm (contracting of the lower heart chambers). Dr. Cooper reported that when Michael Jackson was intubated with an endotrachial tube he had good breath sounds and “The initial per minute, with a MAE complex (major arrhythmic event).
24. At 14:05 the physicians inserted an intra aortic balloon pump (mechanical device placed in the aorta to assist blood flow) to attempt resuscitation and obtain circulation with a spontaneous heart-beat. The pump was placed in the aorta just above the heart, and his diastolic blood pressure (blood pressure between heart beats) went from 20 to approximately 40 at times and sometimes to 60 mmHg. Despite these efforts, Michael Jackson did not regain a spontaneous pulse or heart-beat. Following failure of the balloon pump to restore circulation, and the lack of a heart-beat, pulse, or spontaneous respirations, Michael Jackson was pronounced dead at 14:26 hours or 2:26 p.m. on June 25, 2009.
C. Defendant’s False concealment of information from Police at UCLA
25. Defendant met with police investigators at the UCLA Medical Center on June 25, 2009, during blatant fabrication designed to conceal his wanton reckless conduct. r cardiac rhythm appeared to be wide and slow in the 40s.” At 13:52 or 1:52 p.m. he had a pulse of 53 beats chronic pneumonia, chronic bronchitis, and brain swelling. Defendant’s statements to Dr. Cooper were a Michael Jackson’s resuscitation. He gave them the same summary of the events. He concealed from police his administration of Propofol and the numerous other drugs he gave to Michael Jackson. He concealed from the police, in the same manner he concealed from paramedics and the emergency room doctors, the “polypharmacy” which police subsequently seized at Michael Jackson’s home.
26. On June 26, 2009, the police searched the Carolwood house and seized eight (8) used bottles of Propofol (Diprivan), and later another three (3). They seized medication at Michael Jackson’s bedside, including Clonazepam (Klonopin), Benoquin (Monobenzone), Flomax (Tamsulosin Hydrocloride), Hydroquinone, Lidocaine (Xylocaine), Temazepam (Restoril), Tizanidine (Zanaflex), Trazodone (Desyrel), Flumazenil (Romazicon), Ephedrine (Ephedra), Prednisone, Amoxicillin, Azrithomycin, BQ/KA/RA (beniquin, kojic acid, retinoic acid); Lorazepam (Ativan), Midazolam (Versed) and Diazepam (Desyrel) were prescribed to by Dr. Metzger. The Tizanidine (Zanaflex) was prescribed by Dr. Klein.
27. Defendant disclosed none of these dugs to the paramedics, except Ativan. He disclosed none of these drugs to the doctors, except Valium, Ativan, and Flomax. He concealed his reckless and deadly use of Propofol for the purpose of protecting himself from the his improper use of medications for Michael Jackson when the life of his patient, Michael Jackson, was in jeopardy.
28. Three (3) times defendant falsely stated the nature of the drugs used by and which he administered to Michael Jackson. Three (3) times he mislead authorities concerning his unlawful activities. He engaged in an absurd reckless pattern of not only treating Michael Jackson with total disregard for his safety, but also making false statements about his treatments over and over again to authorities.
D. Defendant’s Story Told to the Police on June 27, 2009.
29. On June 27, 2009, which was two (2) days following Michael Jackson’s death, defendant Murray, his attorneys, and advisors met with Los Angeles Police Detectives. Defendant appeared pursuant to Police Detectives’ request. Defendant had consulted with his attorneys prior to making his statement, yet afterward claimed his statement was incorrect.
30. Defendant told police he gave 50 mg of Propofol diluted with an unspecified amount of control glaucoma, a box of Nystatin, an antifungal drug used to treat yeast infections, and Triamcinolone, which is a topical steroid used to treat skin inflammation. The Clonazepam (Klonopin) and Trazodone (Valium). Police also found several baggies of marijuana, Lantaprost Flush Solution, which is used to Lidocaine (Xylocaine) by intravenous (I.V.) drip to Michael Jackson each night for six (6) weeks. He said he had been treating Michael Jackson for insomnia. The Propofol helped Michael Jackson sleep.
31. Defendant claimed he felt Michael Jackson may have been forming an addition and therefore attempted to “wean” Michael Jackson off the drugs. His “weaning” process involved giving Michael Jackson on June 22, 2009, three (3) days before his death, 25 mg of Propofol, along with an unknown amount of Lorazepam (Ativan) and Midazolam (Versed). Defendant claimed Michael Jackson was able to sleep with these mixtures. On June 23, 2009, defendant claimed he gave Michael Jackson Lorazepam (Ativan) and Midazolam (Versed) without any Propofol.
32. On June 25, 2009, the date of Michael Jackson’s death, defendant claimed he arrived at the Carolwood house at 1:00 a.m. Michael Jackson had been rehearsing at the Staples Center in downtown Los being able to sleep. He said that at 1:30 a.m. he attempted to induce sleep by giving Michael Jackson a 10 mg tablet of Diazepam (Valium). Thirty (30) minutes later at 2:00 a.m. when Michael Jackson had not gone to sleep, defendant injected Michael Jackson with 2 mg Lorazepam (Ativan) after dilution with an unknown substance, and administered the drugs by I.V. At 3:00 a.m. defendant Murray administered 2 mg of Midazolam (Versed) I.V. after dilution with an unknown substance At 5:00 a.m. Michael Jackson remained awake, and defendant Murray stated he administered another 2 mg of Lorazepam (Ativan) I.V. after dilution with an unknown substance.
33. Defendant told police Michael Jackson complained of not feeling well, dehydration, and not being able to sleep. He said that at 1:30 a.m. heattempted to induce sleep by giving Michael Jackson a 10 mg tablet of Diazepam (Valium). Thirty (30) minutes later at 2:00 a.m. when Michael Jackson had not gone to sleep, defendant injected Michael Jackson with 2 mg Lorazepam (Ativan) after dilution with an unknown substance, and administered the drugs by I.V. At 3:00 a.m. defendant Murray administered 2 mg of Midazolam (Versed) I.V. after dilution with an unknown substance At 5:00 a.m. Michael Jackson remained awake, and defendant Murray stated he administered another 2 mg of Lorazepam (Ativan) I.V. after dilution with an unknown substance.
- 40. Alberto Alvarez told police that before he called 911 defendant instructed him to conceal bottles of Propofol and place them in a bag. In an outrageous departure from the standard of care, defendant stopped giving Michael Jackson CPR and cleaned up the room so the medications would not be discovered. Defendant placed the previously unused wires of a pulse oximeter on Michael Jackson’s fingers. Alberto Alvarez told police defendant asked him to call 911 only after the drugs were concealed.
41. The Los Angeles Fire Department recorded the 911 telephone call at 12:22 p.m., which was approximately one (1) hour and thirty (30) minutes from the time defendant Murray claimed he found Michael Jackson not breathing at 10:52 a.m. Defendant Murray told the Detectives several times that it CPR while waiting for Williams.
42. Under defendant’s original version, more than one (1) hour and thirty (30) minutes elapsed between discovering Michael Jackson not breathing and the 911 telephone call. In that time defendant made three (3) telephone calls, which he concealed from police, to other individuals consuming 47 minutes of talk time according to his telephone records. Defendant concealed evidence of his unlawful drug administration. His conduct was inhuman. It was an extreme violation of the standard of care.
E. Defendant’s Revised Version of Events.
43. When defendant discovered there were telephone and other records which exposed his outrageous actions, defendant claimed that despite his interview by Los Angeles Police on June 27, 2009, records the police obtained. The reason defendant felt he could change his story was because he kept no medical records documenting his treatment as required by Business & Professions Code section 2266.
44. The Search Warrant Affidavit of LA Detective Daniel Myers dated November 13, 2009, stated: “The searches of DR. MURRAY’S residence and business failed to yield any notes, patient profiles, treatment history, records, and charts regarding the treatment for MICHAEL JOSEPH JACKSON at his residence at 100 North Carolwood Drive.” version of events. Defendant’s new version was a 5th time he falsely stated what had happened. However, the new version again concealed his reckless administration of life threatening drugs to Michael Jackson.
46. Defendant Murray claimed in his new version of the events that he discovered Michael Jackson was not breathing while he was talking on the telephone with his girlfriend at 12:05 p.m. The story changed from going to the bathroom for two minutes (2) after ten (10) minutes of observing Michael Jackson at 10:40 a.m., to talking on the phone with several people from 11:18 a.m. to 12:05 p.m. For 47 minutes. Defendant eliminated his careful observations of Michael Jackson and substituted telephone conversations with others where he didn’t notice that Michael Jackson had stopped breathing.
47. Defendant’s conduct under this new version of the story was more ominous and reckless than the first. The administration of Propofol requires a measured infusion using a mechanical pump which
45. Defendants new version meant that his old version was yet a fourth (4 ) time he created a false he got his story wrong. He then changed his story in an attempt to comport his claims to the telephone
is constantly monitored because of unpredictable changes in the patient’s blood pressure. Instead, he infused the drug by I.V. drip and syringe, without monitoring or resuscitation equipment, rendering it inherently dangerous. He recklessly endangered Michael Jackson’s life by talking on the telephone outside of Michael Jackson’s immediate presence for 47 minutes while a Propofol “drip” infusion took place, and he did not notice that Michael Jackson had stopped breathing. There was no evidence of standard of care monitoring which would be required when Propofol is administered.
F. Defendant Recklessly Concealed his Conduct and the Dangers Involved.
1. Defendant concealed the dangers from Michael Jackson
48. On June 25, 2009, prior to treating Michael Jackson, defendant was at a “strip club” called “Sam’s Hofbrau” in Los Angeles where he had been “drinking.” It was reckless for him to “drink” prior to
49. Defendant failed to explain to Michael Jackson the risks and benefits regarding Propofol or to obtain Michael Jackson’s informed consent. Defendant acted with an extreme departure from the standard of care in administering drugs to an addicted individual and concealing from Michael Jackson the dangers to his life. Defendant’s concealment constituted inherently dangerous conduct which placed Michael Jackson’s life in jeopardy and displayed a callous and reckless disregard for human life.
50. Defendant Murray recklessly endangered Michael Jackson’s life by concealing from him that dangerous drugs. The concealment of the dangers constituted a reckless disregard for Michael Jackson’s life. It not only violated all standards of care, but also deceived Michael Jackson.
2. Defendant concealed his purchases of Propofol.
51. Defendant Murray did not utilize a US Drug Enforcement Administration number or other traceable number to acquire the Propofol or other drugs he administered to Michael Jackson. He purchased the drugs from Applied Pharmacy in Las Vegas, Nevada, without utilizing Michael Jackson’s name and had them shipped to his girlfriend’s address in Santa Monica, California. Defendant sought to conceal his conduct in order to prevent law enforcement, other Michael Jackson physicians, and family members from discovering his conduct. Defendant obtained the drugs through “secret” means without authorities knowing of his conduct for his own personal gain under conditions that threatened Michael Jackson’s life. instead of monitoring him, defendant would speak on the telephone for 47 minutes while administering him administering anesthesia to Michael Jackson. He concealed his conduct from Michael Jackson.
3. Defendant Recklessly Concealed Dangerous Drug Interactions
52. Defendant administered drugs to Michael Jackson with reckless disregard for the life threatening drug interactions they presented. Defendant administered Propofol to Michael Jackson knowing the drug had adverse interactions with Diazepam (Valium), Lorazepam (Ativan), Midazolam (Versed), which he had administered to Michael Jackson. Propofol interacts adversely with Ephedrine, which keeps a patient awake, and Nordiazepam (Calmday), both of which the Coroner’s toxicology screen found in Michael Jackson’s system. Defendant knew Michael Jackson was taking other drugs which were contraindicated with the administration of the drugs defendant administered.
53. Defendant concealed the inherently dangerous drug interactions. His conduct was an extreme departure from the standard of care. Defendant acted with reckless disregard for Michael Jackson’s life.
G. The Coroner’s Autopsy Findings.
1. Michael Jackson died from acute Propofol intoxication and Benzodiazepine Effect.
54. The Coroner’s Office conducted an autopsy of Michael Jackson on June 26, 2009, and reached conclusions on September 18, 2009. The Report concluded Michael Jackson died from acute Propofol intoxication contributed to by the “Benzodiazepine Effect.” Michael Jackson had a “polypharmacy” of drugs in his system. Seven (7) of them were detected in the toxicology screen. Two (2) of the drugs, Flumazenil (Romazicon), which was detected in the I.V., and Flomax (Tamsulosin Hydrocloride), Jackson’s body.
55. Defendant claimed he only administered 25 mg of Propofol to Michael Jackson on June 25, 2009. However, the Coroner’s Toxicology Report showed lethal amounts in his system where administration had to exceed more than five (5) times that amount. The presence of lethal levels of Propofol in Michael Jackson’s body exposed yet another of defendant’s reckless fabrications which not only endangered Michael Jackson’s life, but also brought it to an end.
56. The toxicology report from the Coroner’s Office showed Michael Jackson had Propofol in the vitreous humor of his eye (the clear gel that fills the globe of the eye between the lense and retina). The presence of the drug in the vitreous demonstrated it was administered several hours prior to his death.
Defendant’s story was a fabrication.
defendant said he administered. One of them, Propofol (Diprivan), showed lethal levels in Michael
2. Defendant Ignored Michael Jackson’s Lung, Brain, and Anemia Symptoms
57. While defendant Murray told Dr. Cooper at the UCLA emergency room that prior to June 25, 2009, Michael Jackson had not been ill, Michael Jackson was suffering from chronic pneumonia, chronic respiratory bronchitis, anemia, and brain swelling. The Los Angeles County Coroner’s Autopsy Report documented Michael Jackson’s underlying illnesses. Defendant’s gross negligence in giving benzodiazepines and Propofol to Michael Jackson while not treating his co-morbidity conditions was an extreme departure from the standard of care and reckless.
58. Michael Jackson had neurological, pulmonary, and anemia signs over several weeks prior to his death. 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. He was cold he needed a heater to control the shivering.
59. Defendant’s repeated “polypharmacy” drug administration, including Propofol every night as a sleep aid, in the presence Michael Jackson’s co-morbidity conditions was reckless, and defendant recklessly ignored the signs of Michael Jackson’s pulmonary inflamation, brain swelling, and anemia. He recklessly continued his drug treatments despite the effect of the “polypharmacy” and benzodiazepines. He acted with an extreme departure from the standard of care and with reckless disregard for Michael Jackson’s life by administering a “polypharmacy” which included benzodiazepines and Propofol, despite the known danger.
SUMMARY OF CLAIMS
60. Defendant Murray’s conduct was outrageous and a grossly negligent extreme departure from the standard of care. It was a reckless endangerment of Michael Jackson’s life that caused the loss of his life. It was fraught with repeated fabrications, obstructions of justice, and interference with the efforts to save Michael Jackson’s life to conceal his own wrongdoing.
61. Defendant violated federal and state laws regarding the administration of various drugs to Michael Jackson. Defendant’s excessive and reckless prescription of benzodiazepines to Michael Jackson violated Schedule IV of the Controlled Substances Act, 21 U.S.C. section 801 et. seq. (prohibiting the of him, he uncharacteristically wore heavy clothing during the rehearsals, while other dancers wore scant clothing and were perspiring from the heat. Others had to give him jackets or shirts to keep him warm and shivering during the summer rehearsals for his show, and as shown in photographs and motion pictures improper use and distribution of benzodiazepines). Defendant violated California law as follows:
Penal Code § 148(a)(1) (giving false information to emergency personnel);
Business & Professions Code § 725 (excessive treatment or prescribing medications);
Business & Professions Code § 2234(b), ©, (d) & (e) (gross negligence, repeated negligence,
incompetence, and acts involving dishonesty);
Business & Professions Code § 2240(a)(failure to report procedure conducted outside of acute care
hospital that resulted in death)
Business & Professions Code § 2241(b) & (d)(prescribing & treating an addict prohibited by Health
& Safety § 11215 et. seq.)
Business & Professions Code § 2242(a) (prescribing & furnishing dangerous drugs without medical
Health & Safety Code § 11000 et. seq.(failure to keep records substances in Comprehensive Drug
Abuse Prevention & Control Act of 1970, 21 U.S.C. § 801 et. seq. (benzodiazepines);
Health & Safety Code § 11156(a)(prescribing controlled substances to an addict).
62. As a proximate and legal result of defendant’s conduct, Mr. (Joe) Jackson has been injured in an amount not presently ascertained. Such damages include loss of support, loss of comfort, companionship, and care, ECONOMIC DAMAGES, FUTURE EARNINGS, LOSS OF SERVICES, loss of affection, COSTS, EXPENSES, pain and suffering AND GENERAL DAMAGES in an amount not presently ascertained.
63. The address and telephone number for contact for Joseph Jackson is c/o Brian Oxman,__________________.Mr. Jackson requests he be contacted at this number to discuss resolution of these claims.
DATED: March 27, 2010 BRIAN OXMAN
Attorneys for Mr. Joseph Jackson