Wednesday, July 11, 2007

Charlie Weiss Loses Suit Against Doctors for Alleged Botched Surgery: Gross Malpractice? No Says Jury (Update 9-15-08)




Update 7-25-07 :As Legal Pub Predicted, Notre Dame Football coach Charlie Weiss has lost his malpractice case. Just like Bowl Games, malpractice cases are hard to win; especially when you have both the facts and the law against you. Yesterday the Jury returned the Defendant's Verdict after 3 hours deliberation.
(Charlie just can't seem to win the big ones lately!)

Notre Dame football coach Charlie Weiss once again tried his lawsuit against his surgeon for malpractice in performing gastric bypass surgery. Charlie Weiss appeared in court to begin a retrial of a lawsuit that claims surgeons botched his gastric bypass surgery. Weiss alleges negligence by Massachusetts surgeons after internal bleeding and other complications caused him to fall into a coma. The first lawsuit ended in a mistrial after a juror collapsed and a doctor testifying for the defense rendered aid. Fans of programs other than Notre Dame have nicknamed the Notre Dame coach, "Fat Charlie" a name he probably does not appreciate.

Charlie, who has lost weight, still is not what you would call "skinny." The civil trial on this case involves a battle of legal heavy weights.

Update 7-15-07 A new jury was selected and the retrial has began. William Dailey, attorney for doctors Charles Ferguson and Richard Hodin, countered that Weis' internal bleeding was not unusual for this type of surgery. Speculation according to some Illinois football fans, is that the internal bleeding may be due to some lost recruiting battles with University of Illinois' Ron Zook. (Ulcers will do that to you.)

Update 7-20-07 Besides the defense of standard of care, a subtle theme of the defense was aimed at mitigation of damages. Weiss lost 90 lbs and landed his dream job post surgery. The argument is that his complications were recognized as a known risk and that his recovery has been decent.
On Thursday, one of the defendants, Dr. Charles Ferguson, testified in Suffolk Superior Court in Boston. Apparently he did a great job of teaching the jury about the procedure and why Charlie Weis case against him and fellow surgeon, Dr. Richard Hodin, should fail.
Update 7-25-07 Defendant's Verdict!
Update 9-3-07 Charlie Weiss continues his losing ways as Notre Dame is thrashed by Georgia Tech in the opening game of the season.

Update 9-12-07 Charlie Weiss losing ways were extended another week as Notre Dame was thrashed by Penn State 31-10. Is it time for Notre Dame to now get rid of its excess dead weight?
Update 9-23-07 If Weiss could lose weight like he loses games, he would not have needed gastric bypass surgery in the first place. Notre Dame loses to Michigan State 31-14. Link
Update 9-28-07: Weiss is losing players too.
Demetrius Jones, the Q.B. who started the season as the Irish Q.B. has left school. Guard Chris Stewart was not at practice Thursday and apparently has left Notre Dame. Stewart, a 6-foot-5, 339-pound sophomore, follows Jones and tight end Konrad Reuland, who left the team last weekend and is reportedly headed to a junior college in California.
10-1-07 Update: Weiss led Notre Dame gets pounded by Purdue. Weiss loses 5th in a row!This is the worst start in school history. 0 Wins and 5 Losses.

10-8-07 Update: Weiss loses his losing ways and leads Notre Dame to an upset of UCLA 20 to 6. It is an upset only because odds makers thought Notre Dame may go winless for 2007!
10-11-07 High School Coach slams Weiss Ogre Personality. LINK
10-14 Still more losing for Weiss. First another loss to Boston College 1 win 6 losses and another player leaves!
Offensive lineman Matt Carufel, a former high school All-American left the Notre Dame football team, according to the Chicago Tribune. He started the last three games. Rumors are that Carufel, a 6-5, 295-pound sophomore, is considering transferring to Iowa or Minnesota.
10-22 Update: Weiss lost another game to USC deflating Notre Dame down to a record of 1 win 7 losses, but he may be on the verge of reaching a compromise with the University. Legal Pub projects a joint announcement that Weiss will be leaving Notre Dame and returning to the pros. (Perhaps Giants.)
Update 10 -26 Weiss Declared worst coach in Country!
LINK
Update 11-12-07 Weiss does something that no other Notre Dame coach has done in over 40 years, LOSE to NAVY! Then comes back the following week and gets pummeled by the Air Force Academy. 1 Win 9 Losses! Only thing Weiss is winning is the battle over the extra desert.


Update 9-15=08: Even when the team wins, Weiss loses. In Notre Dame's win over Michigan on Saturday, Weiss got hit by a player along the sidelines. Weiss will need reconstructive surgery on his ACL & MCL in his left knee.


Update 12-9-11: Charlie is back at it! Kansas took a big risk on the big coach and hired him as their new head coach. Apparently Kansas wanted to make a big splash. No doubt Coach Weiss will unlikely be confused for a pebble being thrown into a pond. Good luck coach...

98 comments:

Anonymous said...

Why does a "Domer" get a separate post. You should have lumped him in with the Walker victim story.



Jimbo

Anonymous said...

If his suit is based on weight loss, Charlie has some damages because he is still obese in my view.


Randy

Peter said...

You would be better criticizing the Pope then you are taking a poke at Notre Dame Football. St. Charlie will win this lawsuit and Notre Dame will win the National title.


Peter

Anonymous said...

Notre Dame football is not all that. And yes, Charlie is over weight. Deal with it, Peter.


Jenny

Anonymous said...

"Fat Charlie" Ha. I never heard that one before. Would they have called him "Skinny Charlie" if the surgery had worked?



Brenda

Ben da Ghost that will haunt you said...

Hey coach. You really ought to lose some weight, man. It really turns off a recruit if he sees that you don't care about your own health.

Word up, lose some weight man


A. B.

Anonymous said...

Good picture of Charlie. What are the odds that he would have won but for the mistrial from the sick juror?

Was the Plaintiff attorney out lawyered?

Anonymous said...

Charlie is much too heavy both on the field and off...

Legal Pub said...

Legal Pub has no opinion on the merits of the suit. I have not read the transcript nor do I intend to. On the other hand, generally speaking, just because a patient has a bad outcome does not make it malpractice. Malpractice is the failure of the physician to exercise reasonable and ordinary care in the treatment of his patient.

When the case concludes, I will try to post the results, win or lose.

Anonymous said...

I found this story to be fair and neutral. No need to clarify Pub Meister.


Jon

Rolo said...

Yeah, if anything you go overboard to be fair, yet most of the time pretty funny.

Look, malpractice or no malpractice, Charlie is a public figure who is obese. The merits of the case have nothing to do with losing some weight.

Ms. Calabaza said...

LP,

thanks for the clarification. I once attended a seminar where an Australian speaker mentioned that we Americans (more than other nationalities) have a tendency to want to blame someone/something when something goes wrong, hence law suits. Sometimes, s--- just happens as Forest Gump said. . .

Legal Pub said...

I have successfully defended many malpractice law suits. Juries tend to understand the law once instructed by the judge.

With Charlie Weiss, first he is a public figure very popular on the east coast and of course in Notre Dame territory. While he may have had complications with the surgery, many of the complications are recognized risks and not necessarily malpractice. I do agree that Charlie's surgery apparently has not substantially reduced his weight line.

As for his coaching or recruiting ability, I take no position...

Ron said...

I think you can blame Charlie's weight problems on the Notre Dame football fans, who always think they are destined for a National Championship. Some fans are still waiting for our first championship........Anyway, that kind of stress will make it tough on any coach!

Blond bombshell said...

Ron and Pubmeister:

It is a simple formula that applies whether you are an actress, model, coach potatoe or fat football coach. Burn more calories than you consume. If you can't burn as many or as fast as others, reduce your intake.

No one required Charlie boy to be a coach.

Shell

Anonymous said...

I guess he almost died. Not funny, but its not necessarily malpractice.

Ron said...

Bombshell,

You spell like our former VP, Dan Quayle. Did you do that POTATO (E) spelling as a joke or are you from Indiana or something?

I agree with your calorie comments, despite many believing it is just different metabolisms.

blond bombshell said...

Ron, I am actually not originally from Indiana. But last time I looked, potato or potato e are both except able in my circle.

Tomato or tomato e is fine too.


If my circle is wrong, it just goes to show that I do not hang out with corporate stuffed shirt California "pigs" like you.

Shell

Ron said...

From dictionary.com:

The singular spelling variants potato vs. potatoe co-existed into the 19th century. Potatoe in the 20th century came to be considered a misspelling, while the plural remains potatoes.
Vice President of the United States Dan Quayle became notoriously associated with this misspelling in a June 15, 1992 incident. Quayle went to a photo op at Munoz Rivera School in Trenton, New Jersey, where he was to officiate a spelling bee by drawing flash cards and asking students to write the words on the blackboard. Twelve-year-old William Figueroa wrote potato, but Quayle prompted him to append an "e". The incident briefly made national news in the United States and became a source of entertainment for the tabloid newspapers in the United Kingdom. For the June 25, 1992 rerun of The Simpsons episode "Two Cars in Every Garage and Three Eyes on Every Fish", Bart Simpson's opening chalkboard gag was hastily changed to read, "It's potato, not potatoe".

Shell, I hope you don't have to spell for your job, you also need to learn how to spell "acceptable."

Pig (spelled correctly)

Anonymous said...

You picked a good photo of Charlie. You could have shown a full body shot had you intended to make fun of him.

Thanks

Domer

Anonymous said...

Complete agreement with the Illinois speculation. Ron Zook has kicked fat Charlie's butt when it comes to getting Illinois kids.

Anonymous said...

Not to pile on, but Weiss may or may not be a victim of malpractice. But when it comes to recruiting, his personal appearance is a negative.

Harry

Anonymous said...

Pile on the Charlie. He has wide shoulders!

Anonymous said...

Charlie has more than wide shoulders!

Everything about him is super-sized.

blond bombshell said...

Ron, Charlie Weiss is fat. But you, are an elitist "pig." While I may not be perfect, I do know how to spell SWINE, R-O-N!

Shell

Anonymous said...

Charlie Weiss lost 90lbs post surgically. Does that not suggest that at least part of the surgery worked? Is not bleeding and nerve damage a recognized possible complication of surgery?

Has not Fat Charlie landed his dream job? So what is he suing for????

Anonymous said...

Charlie just wants someone to blame. Instead, he ought to concentrate on winning some football games.

Anonymous said...

I wonder if Charlie gets a settlement, will he have to share it with his employer like many people are required to do?

Anonymous said...

Perhaps Charlie is not FAT but just bloated by his EGO!

Brandon T said...

I could not help but read the Braddy story and think of a resolution for Charlie Weiss. Let's feed Charlie to the Gators, the Florida Gators! That ought to bring the Notre Dame and Charlie Weiss fans back down to reality!


Brandon T.

Anonymous said...

Weiss is an ego maniac. He should thank the doctors that he is alive.

Anonymous said...

I agree with sportsdoc, the major reason for Weiss's lack of circulation appears to be from swelling.... this is not unusual in cases of swollen egos!

Anonymous said...

Case should be headed to verdict soon.

Anonymous said...

I hope the jury sends Fat Charlie home without lunch.

Anonymous said...

Feed him to the Florida Gators football team. A good 72-0 nothing score would make him more appreciative of what he has instead of dwelling on what he has not...

Anonymous said...

Nice guy, but from a medical standpoint, I do not think he has a leg to stand on.

Doc

Anonymous said...

The overall complication rate for gastric bypass surgery is reported to be 30 percent. The complications reported by Coach Weiss are unusual but not unique.An unfavorable outcome that is well-known does not mean malpractice.This is a technically demanding operation done in an anatomically unfavorable situation in a patient who in general is in poor health. Doc

Anonymous said...

Thanks doc.

sounds like charlie should be sucking wind in the trial

Anonymous said...

Sucking wind beats sucking down milk shakes and cupcakes.

Anonymous said...

Thanks for the update

Anonymous said...

Sounds like Charlie is losing in the courtroom just like he is losing on the football field in bowl games.


Billy

Anonymous said...

In South Bend we call him Fat Bastard, he is a mean spirited foul mouth beer guzzeling and rude man. He was sued by his builder out east and had the same problems with his builder in South Bend. He is fat because he drinks too much beer. His garage is full of cases of beer. He is not a nice person and it is a shame the U of ND puts up with him.

Anonymous said...

Thanks, I figured he was a beer drinker. Sounds like an ill tempered SOB. The beer gut and disputes with those who do not follow his command, all make sense.


J.T.

Anonymous said...

Charlie is not well liked in the town. That could change if N.D. starts to win again.

Anonymous said...

Unlikely N.D. will start winning the big ones. They are a second tier team which could not compete in the SEC.

Anonymous said...

A heavy weight program like Notre Dame needs a heavy weight coach, literally.

Legal Pub said...

The case is dragging on a little longer that the typical medical malpractice case. Apparently both defendants have now testified. I suspect we will have a verdict this week or next.

Anonymous said...

You called it pubmeister. Jury thought it was a recognized complication. I take back all the bad things I was thinking about you being biased against Notre Dame.

Jerry N.D. 88

Legal Pub said...

Jerry, thanks for your comments and email. It really was not hard to predict. Coach Weiss would have lost the first time too, but for the mistrial.

Anonymous said...

He deserved to lose. He was warned he could have complications.

Legal Pub said...

My understanding is that the jury deliberated about 3 hours. Fair verdict. Doctors are relieved.

ralph p. said...

You were the first to predict it!

You were the first to report the verdict!

Your blog is amazing! You need to go big time.


Ralph P.

Legal Pub said...

No thanks Ralph. This is a hobby. When it stops being fun, I am done!

Anonymous said...

Wonder if this will reduce Charlie Weiss' swollen ego?

Anonymous said...

Great coverage of the trial. Best on the net. Thanks.

H.P.

Anonymous said...

Got to agree with H.P. on this one!

Anonymous said...

Charlie now has the curse!

Legal Pub said...

Welcome Michigan State Spartan fans. Yes, Charlie Weiss deserved to lose in the court room and he got beat fair and square by the Spartans on the field!

Anonymous said...

Charlie is on a bad losing streak but it ain't weight he is losing.

Anonymous said...

His losing streak is like a big lead weight around his neck.

Anonymous said...

Maybe in the end, Charlie Weiss will be the biggest loser?

Anonymous said...

Rumor has it Charlie Weiss may lose his job. No seriously, rumors coming out of South Bend is that there may be a mutual parting of the ways in the works. Charlie Weiss may be headed for an NFL job real soon.

Careful Listener

Anonymous said...

Even after beating UCLA Charlie Weiss is still a loser. He needs to go back to the pros.

Legal Pub said...

10-14 Still more losing for Weiss. First another loss to Boston College 1 win 6 losses and another player leaves! Offensive lineman Matt Carufel, a former high school All-American at Cretin-Derham Hall High School, has left the Notre Dame football team, according to the Chicago Tribune. He started the last three games. Rumors are that Carufel, a 6-5, 295-pound sophomore, is considering transferring to Iowa or Minnesota.

Anonymous said...

LOSER... not just the coach, the whole administration for supporting him. If he were a nice guy, then it would be easier to tolerate, but he is not!

Anonymous said...

Notre Dame will have addition by subtraction when they lose this loser!

Anonymous said...

Charlie could not lose weight if you tied his hands behind his back. Charlie could not win a N.D. football game if you gave him a 21 point head start.

Legal Pub said...

Charlie Weiss losing ways continue. Originally, N.D. fans posted complaints that Legal Pub was too harsh! Those complaints stopped several losses ago. Now, Weiss has been named the worst coach in the country!

http://www.slate.com/id/2176634

Anonymous said...

If NOtre Dame can not beat Navy, Weiss will need to lose his job!


GT Fan

Legal Pub said...

Update 11-5-07 Weiss does something that no other Notre Dame coach has done in over 40 years, LOSE to NAVY! 1 Win 8 Losses!

Anonymous said...

Weiss has ruined Notre Dame single handedly!

Anonymous said...

Charlie has lost any hope of support from the N.D. fan base...


Quin

Randal said...

Weiss must go! Fat Charlie needs to roll on to another place.Weiss needs to make like eggs and beat it.

Anonymous said...

Fat Charlie is the definition of a "Rude Dawg." Notre Dame needs to buy out his contract with a truck load of doughnuts and send him on his way.


Tommy Z. but not the Tommy Z.

Legal Pub said...

Update 11-12-07 Weiss does something that no other Notre Dame coach has done in over 40 years, LOSE to NAVY! Then comes back the following week and gets pummeled by the Air Force Academy. 1 Win 9 Losses! Only thing Weiss is winning is the battle over the extra desert.

Anonymous said...

losing to air force can not be excused!

Anonymous said...

Finally a win over lowly Duke. Weiss apparently put down the doughnuts and actually worked out a game plan to beat Duke.

Anonymous said...

Victory for front butt!

Anonymous said...

Will Charlie weigh in on the subject?

Anonymous said...

Charlie was too broken up to lift the huge weight around his neck by breaking the silence.

Rest assured; however, Charlie is going to stick with losing on the grid iron instead of in the court room.

Anonymous said...

Ah, Mr. Front butt. Would you concede that the scales tip in the other sides favor whenever you waddle onto the field?

Anonymous said...

Charlie ain't conceding anything. He may be down, and he may be a little pudged out, but he can still lick the other opponents this fall and make a name for himself at N.D.

Anonymous said...

Charlie loses another player:
Reserve linebacker Aaron Nagel is transferring from Notre Dame after one redshirt season, and speculation continues that the Lemont alumnus might join younger brother Brett at Northwestern.

Legal Pub said...

Charlie lost his own ACL & MCL in his left knee this weekend as he got hit by a player on the sidelines of the Notre Dame v. Michigan game. Charlie's Irish won the game, but he will need surgery. If you are a surgeon, do you dare touch him as a patient?

Anonymous said...

Coach Weiss gets back on the losing track with a loss to MSU this past Saturday.

Anonymous said...

Weiss is having a mediocre season at best!

Anonymous said...

At least Charlie did not lose his job this year. He gets one more year to turn around the ship.

Anonymous said...

Charlie finally won something as N.D. beat a pitiful Hawaii team.

Anonymous said...

Charlies suit was frivolous!

Anonymous said...

Its do or die for old fat charlie this year on the gridiron.

Anonymous said...

Tough loss by Notre Dame to Michigan.

Gambler said...

Rumblings growing out of south bend that Charlie Weiss will be let go by the end of the season.


Rumors are Brian Kelly may be interested in the job. Stay tuned.

Anonymous said...

Weiss lost against Navy. Lost to Conneticut. He will soon be terminated from N.D.

Legal Pub said...

With the loss to Stanford, Coach Weiss has sealed his fate. But don't cry for Charlie. His buyout has been reportedly as high as 14 million dollars. Talk about a golden parachute!

Legal Eagle 7 said...

Neither Notre Dame nor Cincinnati has confirmed that Brian Kelly has accepted an offer to coach the Fighting Irish; however, take it to the bank!

Kelly could not be reached for comment, but the sources tell us that Kelly is Notre Dame's choice to replace Charlie Weis.

Legal Pub said...

Update 12-9-11: Charlie is back at it! Kansas took a big risk on the big coach and hired him as their new head coach. Apparently Kansas wanted to make a big splash. No doubt Coach Weiss will unlikely be confused for a pebble being thrown into a pond. Good luck coach...

Anonymous said...

Kansas is not big enough for this huge personality!

Fairness said...

Come on be nice.