Latest on MJJC

Joe Jackson: I'm Making Too Much for an Allowance

marc_vivien

Proud Member
Joined
Jul 25, 2011
Messages
1,176
Points
38
Joe Jackson: I'm Making Too Much for an Allowance
Originally posted 12 minutes ago by TMZ Staff
Joe Jackson is exploiting his son's death in every way he can, raking in the dough, so it makes sense he's just withdrawn his request for an allowance from the estate.


No way was the judge going to give Joe an allowance, but now we know what he wanted and what the estate was willing to give.

Sources say Joe wanted $20,000 a month from the estate. The estate offered $15,000. Now here's the best part ... we're told Katherine said, "Don't give that old goat more than 10,000."

In the end, Joe will probably do better on the side.
 
so, now How does he has standing to file the death wrongful lawsuit ?

Officially, he 's not a dependent parent
 
He knew Branca was going to tear him a new one when he got deposed in August
 
right and like you said he just basically shot himself in he foot concerning his lawsuit
 
Michael Jackson's dad ends bid for estate stipend

:clapping:Michael Jackson's Dad Ends Bid for Estate Stipend (AP) –:clapping:
(One less dollar out of Blanket's pocket.)
http://www.google.com/hostednews/ap/article/ALeqM5h9a7kycTsBsS5YVilTVuapWmQ4JgD9GKJTFO1

LOS ANGELES — Michael Jackson's father is withdrawing his request to receive more than $15,000 a month from his late son's estate.

A court filing says Joe Jackson is dropping his bid to receive a monthly allowance, opting instead to pursue a wrongful death lawsuit over his son's death.
Joe Jackson filed a lawsuit in federal court on Friday against Dr. Conrad Murray, who has been charged with involuntary manslaughter in the singer's death.

The Jackson family patriarch was omitted from his son's will, but in November sought a stipend to pay his monthly expenses.

The filing was first reported Monday by the celebrity website TMZ.
Joe Jackson's filing indicates he may renew his request for a stipend later if necessary.

Copyright © 2010 The Associated Press. All rights reserved
 
Last edited:
Monopoly Joe: suing away


(Source link is in the title)



This post contains a detailed paragraph by paragraph analysis of the wrongful death complaint filed by Brian Oxman on behalf of Joseph Jackson in the matter of death of Michael Joseph Jackson. This post is a collaboration between myself & my good friend Daren, which holds a J.D. from Harvard Law School. Our main objective is to provide you all with a rational & unbiased analysis of the document at hand.
I think it’s safe to say regardless of whether you think Michael Jackson is dead or alive, it’s difficult trying to rationalize the actions of a man (i.e. Joe Jackson) whose main concern appears to be making money off of his son. Nonetheless on this post, I’m going to solely focus on the data & narratives presented in the notice submitted by Oxman, “assuming” that all the other documents in hand (i.e the autopsy report, released LAPD affidavits) & information mentioned in them are true facts.


Title: Brian Oxman is legally filing a wrongful death complaint & requesting a jury trial in this matter against Dr. Conrad Murray & “Respondeat Superior” which are the clinics or entities who are considered Dr. Murray’s employers for negligence in their hiring, training & supervision of Dr. Murray.
[The “Respondeat Superior could be the clinics that had hired, trained & supervised Murray prior & up to June 25th, 2009. It might also include AEG, as they were supposedly responsible to pick up Murray’s tab for providing services to Michael Jackson. However in this document there’s no mention of them & here is why: There’re no legal documents or contracts binding Murray & AEG together; legally speaking all the things about Murray’s alleged $150,000 promised salary & hiring are considered hearsay in a court of law as the parties never signed anything, neither did Michael Jackson. There’s no legal document or contract showing that Michael Jackson in fact officially hired Murray. ]


Before getting into the body of the complaint, I’m going to provide you with some useful terms and a crash course on wrongful death suit in the State of California.


Wrongful death vs Medical Malpractice: a wrongful death can be caused by anyone, whereas medical malpractice or otherwise known as medical negligence, occurs when a health care provider’s negligence /malpractice leads to a person’s death. As a result a wrongful death claim is considered one specific type of medical malpractice action. Therefore a medical malpractice or negligence case can also be a wrongful death case, but reverse does not apply.
The main difference between a regular wrongful death case & a medical malpractice case is the limits exerted on the amount of non-economic damages that could be recovered by plaintiffs. In a case involving death due to medical negligence the limit for non-economical damages (i.e. loss of comfort, companionship & care, loss of affection, pain & suffering, etc.) is set to $250,000. It is worth mentioning that this limitation on non-economical damages applies collectively on all heirs in such a case, so if anything is recovered they all share it. If the plaintiff was dependant on the decadent financially, they can claim economical damages & there’s no limit set for that.


Statute of limitation: refers to the time limit set for a wrongful death case to be officially filed. If the wrongful death is of a medical negligence type, the state of California sets the statute of limitation within 1 year of the date of the patient’s death.
Oxman had given a notice of intent to initiate legal proceedings to Dr. Murray on March 27, 2010**, & since the statute of limitation is up on June 25, 2010, Oxman has filed the actual complaint on this date.


**According to California Code of Civil Procedure, section 364, the defendant in a health care negligence case must be given at least 90 days prior notice before filling the actual claim.


Now we’re going to commence dissecting the body of this notice. I’m going to follow the same format as the complaint itself, meaning that I’ll be dissecting it paragraph by paragraph using the same numbering methods. The parts between [ ] are my commentary, which you may or may not agree with. The parts in italic font, are direct quotes from the document.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Paragraphs 1-7: Parties

Defendants: Conrad Murray, a licensed physician to practice in medicine in the States of California, Nevada, Texas. Murray is the president, director & employee of the following “Respondeat Superiors”:Acres Home Heart & Vascular Institute Inc. State of Texas / Gobal Cardiovascular Associates Holdings LLC. State of Nevada
Joe Jackson believes that there might be other parties responsible for his son’s death but he is yet to collect the necessary evidence regarding to their involvement & has reserved the right to expand this claim once he collect the necessary evidence to back his claim.


Plaintiff: Mr. Joseph Jackson as the biological & natural & “DEPENDENT” father of the decedent, Michael Joseph Jackson.


California Code of Civil Procedure section 377.60: lays out who can file a wrongful death suit.
Subdivision (a) of this law states that the decedent’s surviving spouse, domestic partner & children are the ones who can file the suit. [Clearly Joe doesn’t fall into this category]
Subdivision (b) of this law states that the following people can also file a suit if they were DEPENDENT on the decedent on the time of his death: the decedent’s parents, divorced spouse, children from a divorced spouse, stepchildren.
[We all know that Michael was not supporting Joe. So here’s the catch when this thing gets to court, the first thing Joe & his smartass lawyer need to do is to establish that Joe was in fact dependent on Michael when he survived. I don’t know what sort of trick they have up their sleeves to support this claim, but so far it’s not looking very promising for them. Especially due to the fact that Joe & Katherine are separated & don’t even live in the same State.]


Nominal Plaintiff:
Katherine Ester Jackson (DOB: March 27, 1930), decedent’s biological & natural DEPENDENT mother
Michael Joseph Jackson Jr. (DOB: February 13, 1997), a minor son of the decedent
Paris-Michael Katherine Jackson (DOB: April 3, 1998), a minor daughter of the decedent
Prince Michael Jackson II (DOB: February 21, 2002), a minor son of the decedent


What exactly is a “Nominal Plaintiff”? It’s a type of plaintiff that bears no legal responsibility, meaning they’ve got no interest in this claim.
[According to California Code of Civil Procedure section 377.60, only decedent’s children, or his dependent parents can file a wrongful death suit. In this case the decedent’s children are all minors meaning their guardian has to file, if they’re interested to do such a thing. Their legal guardian is Katherine, whose lawyer is not Oxman & reportedly doesn’t want anything to do with this suit, but we have to wait for an official statement from her Lawyer Adam Streisand. You have to remember that it’s going to be a challenge for Oxman to prove that Joe was indeed financially dependent on Michael Jackson at the time of his death. I think that’s why he decided to list Katherine & the kids as nominal plaintiffs here, so that if the court says that Joe is not a dependent & can’t go ahead with the suit, then he MIGHT be able to bring a motion to keep the process going based on the listed nominal plaintiffs, but then the nominal plaintiffs’ lawyers have to take over & officially submit a motion saying that they’re interested in pursuing this case. I highly doubt Katherine wants to be involved in this situation, but then you’ll never know, Joe has been able to manipulate him over the many years they’ve been married to each other, so don’t be surprised if she decides to join in. The real complication however rises from the children’s lawyer & the estate’s lawyer. Because the Estate of Michael Jackson is his children + his mother, so the lawyers for the estate will have to step in to protect the children’s best interest & I highly doubt they want to have a part in this.If & that’s pretty big if, Joe Jackson by some miracle gets to convince the judge that he was in fact financially dependent on Michael Jackson at the time of his death, there’s another hurdle & that’s who will be the recipient of the damages. In this case the damages awarded have to be shared with the estate, which is Katherine & the kids.]









Paragraphs 8-9: Jurisdiction & Venue

As you can see on page 1 of the complaint, Oxman has filed this claim with the “United States District Court”, “Central District of California” this is done based on Title 28 of U.S.C. Section 1332, which gives the district courts original jurisdiction of all civil actions where the law suit could involve more than $75,000 besides the interest & costs. In this case the defendant is a citizen of Nevada & so is the plaintiff, Joe Jackson, but Oxman is requesting for the “Central District of California” to take over the matter based on the same law mentioned above & the fact that the decedent was a citizen of California & his estate (mother + children) are citizens of California. Oxman is requesting the venue of the proceedings to be “Central District of California” based on Title 28 of U.S.C. Section 1391 & fact that the events leading to decedent’s death have taken place in the State of California.




Paragraphs 10-13: Defendant’s Initial Medical Treatment of Michael Jackson


[Please remember that Joe is suing the two clinics that Murray works for as well, therefore the use of plural form “defendants”]
It’s stated that Michael Jackson consulted with Murray in 2006 in Las Vegas, Nevada over his children’s health, who were suffering from flu & cold. After this incident according to Oxman, the defendant “solicited” Michael Jackson to provide health care services to him by “convincing” Michael Jackson that they had multi-State facilities to care for his health. Oxman states that the defendants “began a course of medication treatments for Michael Jackson which was below the standard of care & ultimately resulted in Jackson’s over-medication & death on June 25th, 2005”.
[Please pay attention to Oxman’s choice of words. He is implying that Michael Jackson was persuaded into hiring Murray’s services. I personally find that hard to believe. It’s my personal opinion that Michael wouldn’t be the type to be persuaded to hire a doctor unless he really wanted to. Also there’s no clear source of information on the history of relationship between MJ & Murray. We’ve heard contradictory stories, some of which even point the finger at Joe himself, for introducing Murray to MJ. So could be merely a dramatization of possible events by Oxman.]
Oxman also alleges that the defendants entered an agreement with various entities involved in Michael Jackson’s “world tour called THIS IS IT” to provide all sorts of health care services to him in “each State where the world tour might visit, including the States of Texas, Nevada and California”
[This statement had me & my lawyer friend who is also an MJ fan ROFL. I think Oxman should have double checked his facts before writing up this specific paragraph. 1st: TII was not a world tour. It was residency tour in London, England. 2nd: at no point in time TII was going to visit any of the three States that the defendants have offices in. If the defendants were supposed to provide services during TII, they would have needed to provide it in mainland England which poses some jurisdiction questions regarding a physician’s authority to provide certain care to his/her patient outside of his/her licensing zone. 3rd: Neither AEG nor Michael Jackson entered a legal binding contract with any of the named defendants. The alleged contract was dated June 24, 2009 which was not signed by Michael Jackson. ]
Oxman states that the defendants used their personnel & facilities in all three states to provide health care for Michael Jackson. He states that the defendants purchased Propofol on “May 12, 2010” [seems like Oxman had forgotten to proof read his complaint before submitting it. I think he meant to say “May 12, 2009” LOL] according to Oxman the defendants purchased Propofol from “Applied Pharmacy in the State of Nevada” & transported it using their Texas & Nevada DR (drug registration) with the DEA (Drug Enforcement Administration).
[The information regarding Murray’s purchase of Propofol is consistent with the information provided in the unsealed warrants & released affidavits










Paragraphs 14-17: The 911 Emergency Call


Oxman provides a brief summary of the process of calling 911 on June 25th & states that Alberto Alvarez, Michael Jackson’s security agent, made the 911 call, without identifying himself or Jackson to the 911 operator. Oxman alleges that “Alvarez did not state the address of the location.” [I wonder if Oxman actually ever listened to the 911 recording, you can clearly hear Alvarez say the full address including the zip code; the 911 operator even reads the address back to him.]
Oxman mentions the fact that Murray was performing CPR on the bed & that the 911 operator told them to get Jackson on the floor. [For Pete’s sake what kind of Cardiologist doesn’t know how to perform CPR?!]
Alvarez informed the 911 operator that there’s a physician on the scene & the 911 operator informed Alvarez to continue performing CPR till the paramedics arrive on the scene.
Oxman states that upon arrival of paramedics on the scene, which took about 4 minutes from the time of call, Jackson was found without pulse & not breathing, his pupils were fixed & dilated. [These information match with the CR (case report) & the AR (autopsy report)]








Paragraphs 18-20: Paramedics Rescue Efforts


Briefly goes over the attempts made by paramedics on the scene to save the decedent’s life. The information provided here is the same as the information provided in the CR & the AR. Oxman states that Murray assumed responsibility of the patient’s care on the scene & even though the paramedics were advised by Dr. Cooper, head of Emergency Department at UCLA to consider termination of the resuscitation efforts, Murray asked them to continue & transfer the decedent to the hospital.
He also states that Murray had failed to inform the paramedics on the scene, of the full list of medications he had administered to Michael Jackson in the hours prior to the incident.
[Since Murray intentionally held back information, he’s in violation of the following law:
Penal Code section 148 (a)(1): Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician who is providing life saving services to an individual, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.]





Paragraphs 21-23: UCLA Emergency Room Treatments


[It’s worth mentioning that some of the information provided pertaining UCLA’s involvement with this matter are not available to public, so there’s no way for us to verify them. As most of you remember Joe Jackson had to get permission to review the UCLA documents for the purpose of this law suit]
Oxman narrates the arrival of decedent’s body at UCLA medical center & the efforts of UCLA team to revive the decedent. He states that in Murray’s presence “Michael Jackson was identified to UCLA personnel under the false name Soule Shaun”.
[This is the first time such an interesting piece of information has been disclosed. On the Statement of Probable Cause given by the detectives in charge of the investigation there’s no such mention of this alias. The released LAPD affidavit states that the decedent was positively identified as Michael Jackson at the hospital. The AR mentions that the decedent was identified positively as Michael Jackson by comparison to his California Driver’s License. So if he was checked in as an alias, at which point this identification happened? Once again we do not have access to the UCLA reports to verify this claim.]
Once Oxman emphasizes on the fact that Murray intentionally withheld the full list of medication he had administered to Michael Jackson & that he had “falsely” told Dr. Cooper that Michael Jackson had a pulse when he had discovered him breathing.




[I’d like to ask Mr. Oxman how can one verify whether MJ did or did not have a pulse when Murray found him? Maybe he did have a pulse when Murray discovered him, but his inability to perform proper CPR or the delay in calling 911, caused him to lose that pulse. For all legal intents & purposes Oxman would have a much easier time arguing it this way rather than just saying Murray’s statement is false & not being able to prove proof to back his claim.]







Paragraphs 24-26: Dr. Cooper’s Examination & Report


Oxman says that Murray has been giving false information to Dr. Cooper & even withholding information from her & concludes that this trend of behavior by Murray proves his recklessness & disregard for Michael Jackson’s life.
Oxman also mentions the following quote from Dr. Cooper’s report:
“The initial limited history was provided by Dr. Murray, during the resuscitation of the patient, and is noted in brief if medical record. By record of Dr. Murray the patient had been working hard 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 IV and given the patient 2 mg of Lorazepam IV. Sometime earlier in the day Dr. Murray then administered a second 2 mg of IV Lorazepam and reports witnessing the patient arrest.”
[As you can see, clearly Murray avoided disclosing to Dr. Cooper that he had administered Propofol & other medication to Jackson prior to arrest. Oxman had “underlined” some parts of Dr. Cooper’s statement to put emphasize on the fact the Murray had said that MJ was not ill prior to the arrest & had no history of drug use. How does Oxman know for sure whether MJ was ill or not? I find it interesting that Oxman is trying to portray a frail & sickly image of MJ in support of his claim, but is not really providing any tangible evidence to back it up. Many people surrounding MJ, including his chef, nurse Cherylin, TII cast & crew & even some of Jackson family members who have asserted that MJ was not sick prior to June 25.]






Paragraphs 27- 29: Defendant’s statements to Dr. Cooper contradicts his police statement


Focuses on Murray’s statement regarding the fact that he was suspicious Michael Jackson was developing an addiction to Propofol & that he was trying to wean him off of it, as opposed to his statement to Dr. Cooper stating that the decedent had no drug use history
[As a lawyer however Oxman should know that suspicion of drug abuse, is not the same as a confirmed drug abuse history].
Oxman uses the medication recovered from the scene & the issue date, some of which are dated back to 2008 to establish that Jackson had a history of drug use.
[For further information regarding the medications recovered from the scene please refer to my previous “Anatomization of the living dead, Part II”. The simple fact skipping Oxman mind seems to be the fact that if MJ was indeed an addict, how come he still had medication that was prescribed to him since 2008 unused. Many people have made the mistake of judging MJ just because of the number of medication bottles recovered from his house, not considering the fact that many of those medications were lupus / Vitiligo related, also most medication were old prescriptions that weren’t even fully taken, now that’s not a trend of behavior a person with drug addiction would show.]
Oxman also states that Murray’s statement regarding Michael Jackson not being ill prior to June 25 is false & he bases his claim on the following:
“Michael Jackson’s poly-pharmacy addiction illness” & according to the AR “anemia”, “chronic pneumonia”, “chronic bronchitis”, “brain swelling”
[I can’t get over the fact that Oxman has chosen to use the term “poly-pharmacy” as a type of addiction & illness!!! He could have at least had someone with some medical background to go over this complaint, because at the end of the day, he’s suing a doctor & if he’s not careful enough in his choice of professional terms, he could easily loose this case. Poly-pharmacy is a just a state in which someone is being administered many drugs together. Polypharmacy is most definitely not an illness & it’s considered an addiction only when it involves one of the following scenarios: a) mixture of narcotics b) mixture of amphetamines & methylphenidates which causes high alertness level & sometimes lack of sleep & forces the person to use a mixture of benzodiazepines to help him/her to get sleep when desired.
It’s worth mentioning that none of the medications recovered from MJ’s house, as well as none of the medications found in his system fall into the above mentioned category. So I find it very interesting that Oxman has used the term Polypharmacy & called an addiction illness, I think he just has created a new illness & deserves a prize from John Hopkins lol]








Paragraphs 30-31: Despite Heroic Resuscitation efforts Michael Jackson Died


[As mentioned before the information regarding UCLA’s involvement in resuscitation of Michael Jackson is not available to public & Joe was given special permission by court to view those documents for the purposes of this law suit, so unfortunately there’s hardly any way for us to verify this information]
At 1:21 pm the staff involved in Michael Jackson’s resuscitation at UCLA detected a femoral pulse & cardiac activity.
At 1:22 Michael Jackson showed cardiac activity
At 1:33 he showed a weak ventricular rhythm (contracting of the lower heart chambers)
Dr. Cooper reported that when Michael Jackson was intubated with ETT (endo-tracheal tube) he had good breathing sound. “The initial cardiac rhythms appeared to be wide & slow in the 40s.”
At 1:52 he had a pulse of 53 bpm with a major arrhythmic event.
[It’s very hard for me to provide you with a descent analysis of this information because it doesn’t give me enough detail to piece together a theory for the extent of recovery of Michael Jackson in the hospital. The UCLA report indicates that they had detected a femoral pulse (which is from the large vein in the groin area), detection of such a pulse is usually a good sign & means that there might be some mechanical activity left in the heart, however unfortunately there’s no information provided as to whether at this point the UCLA was doing direct heart massages that lead to a femoral pulse, or whether this “weak femoral” pulse was palpable (perceptible to touch) or not, not having all these data reduces my ability to provide a solid prognosis of the situation. The fact that after inserting ETT the breathing sound was good indicates that there’s no blockage in the airways or lungs, which is good & essential to have to increase recovery rates. Existence of a wide & slow 40s bpm & its increase to 53 bpm is a great sign, however without seeing the EKG or ECG it’s almost impossible to make anything out of this information. It appears to me that the heart did have some mechanical activity, but lacked electrical activity, we also don’t know if this mechanical activity was due to heart massages & CPR efforts or were they spontaneous.]




At 2:05 an IABP (intra aortic balloon pump) was inserted to help with the CPR efforts. The diastolic blood pressure fluctuated from 20 to 40 & sometimes 60 mmHg.
Despite all these, Michal Jackson did not regain spontaneous pulse or heartbeat. IABP failed to respite circulation & due to lack of a heart beat & spontaneous respirations, Michael Jackson was pronounced dead at 2:26 pm.




[Studies have shown that use of an IABP is asystole cases is useless, IABP is used in cases where there’s electrical heart activity & weak mechanical activity, but from the very limited information provided in the AR & based on Oxman’s narration of the UCLA report, I can tell that MJ’s heart had no electrical activity.
Having diastolic blood pressure alone is not helpful in my analysis of this situation; another very crucial information on the patient who has experienced cardiac arrest & is undergoing CPR is the CPP (Coronary Perfusion Pressure), having these two sets of numbers together are the only indicators of revival possibilities in the patient. Having diastolic blood pressure alone is meaningless if there’s barely any electrical activity in the heart. I would love to be able to see the UCLA report, but as mentioned before due to patient-doctor privacy laws that survive death, we will not have access to them. I’d say that although there were some positive progress in UCLA, without having all the data, I’m unable to give a conclusive analysis as to what exactly was the patient’s situation & whether he was indeed revived or not. It’s worth mentioning that Dr. Gerald Buckberg, the world renowned cardiac surgeon at UCLA medical center has pioneered a new method in reviving patients who have suffered cardiac arrest & had been long written off, however the key in this method is getting quick help. Dr. Buckberg says he was not involved in Jackson’s case & that if they were to try such a method on Jackson, it would be crucial to know, when he was dead versus when he was found. For more information you can read the full article here.]









Paragraphs 32-33: The Police Search of Michael Jackson’s House


Oxman provides a brief list of medication recovered from Jackson’s house. For a detailed list please read my previous post.







Paragraphs 34-36: Murray’s effort to “wean” Michael Jackson off drugs


Oxman states that pursuant to LAPD detective’s request Murray along with his lawyers & advisors met with the detectives on June 27, 2009. Oxman emphasizes that Murray gave his statement after having consulted with his lawyer, however afterward claimed that his statement wasn’t accurate. Murray states that he had been giving Jackson 50 mg of Propofol every night for six weeks as a treatment measure for his insomnia.
[This is an absurd claim by Murray. 50 mg of Propofol even with other Benzos in not enough to keep a patient half MJ’s size down. For more information please read my previous post on Propofol calculation.]
According to Murray’s statements, he was suspecting that Michael Jackson might have been forming an addiction to Propofol; hence he had attempted to wean him off of it, by by giving Jackson only 25 mg of Propofol on June 22 along with some other medications that had helped Jackson sleep. On June 23, according to Murray, Jackson was able to sleep with some mixture of other medications that didn’t include Propofol.







Paragraphs 37-40: Defendants’ Treatment Administered to Michael Jackson on June 25, 2009


Oxman states the following based on Murray’s statement to the police:
Jackson had been rehearsing at Staples Center in downtown LA till a bit after midnight.
Before Jackson left Staples Center, one of his associates contacted Murray & asked Murray to go to Jackson’s house to attend to him.
Murray arrived at 100 Carolwood drive at 1:00 am
Murray told the police that Jackson complained of not feeling well, dehydration & not being able to sleep.
At 1:30 am Murray attempted to induce sleep by giving Jackson a 10 mg tablet of Diazepam, but Jackson didn’t fall sleep
At 2:00 am Murray attempted again this time by administering a 2 mg Lorazepam IV, but Jackson didn’t fall sleep
At 3:00 am Murray administered 2 mg of Midazolam IV, but Jackson didn’t fall sleep
At 5:00 am Murray administered another 2 mg of Lorazepam IV, without any luck in inducing sleep
At 7:30 am Murray administered another 2 mg of Midazolam IV
Murray stated to the police, he was continuously at Jackson’s bedside & was monitoring him with a pulse Oximeter. Oxman states that when the police searched Jackson’s house the Oximeter was found in the closet in the next room.
[The unsealed police warrant doesn’t give an indication of where exactly the Oximeter was recovered, so I’m not sure what exactly is Oxman is talking about!]
At 10:40 am Murray administered 25 mg of Propofol diluted with Lidocaine through an IV drip at which point Jackson finally went to sleep. After 10 minutes of monitoring Jackson, Murray states that he left Jackson’s bedside to go to the restroom & relive himself. Murray claims he was out of the room for approximately 2 minutes until 10:52 am.









Paragraphs 41-43: The Administration of Propofol


At 10:52 Murray returned to Jackson’s bedside & noticed that Jackson was no longer breathing & started performing CPR immediately. Murray claimed he administered 0.2 mg of Flumazenil (for more information please read my previous post). Oxman claims that the given doze of Flumazenil was barely enough to reverse the effects of the administered Benzos & also it was not administered properly.
[I have to agree with Oxman on this point, the given doze is barely enough to reverse the possible CNS failure caused by mixture of Benzos & Propofol, also Murray administered it using the same IV drip as he had used to administer Propofol, so most of the Flumazenil would start its chemical reaction before even reaching Jackson’s blood. For more information please read my previous post].
According to Oxman, Murray’s mis-administration of Flumazenil as well as his failure to call paramedics right away is considered gross negligence & extreme deviation from the standard of care. [Oxman has a point here]
Murray called for assistance on his cellular phone to Michael Amir Williams, one of Jackson’s bodyguards, but didn't receive help immediately & continued performing CPR while he was waiting for Williams.
After few minutes of waiting, Murray claims to have gone downstairs to the kitchen & asked the chef, Kai Chase, to send Jackson’s eldest son, Prince, to his father’s bedside. Oxman concludes that Murray’s further delay in calling 911, his wrong administration of CPR & leaving Jackson’s bedside, are considered gross negligence & below the standard of care expected from a physician. [Once again, Oxman has a point here.]










Paragraphs 44-46: Attempts to Clean up the Scene


Prince Jackson calls the house security & as a result Alberto Alvarez, a security guard, goes to help Murray & finds Jackson’s lifeless body on the bed. Murray stated to the police that Alvarez called 911 on his cell phone after a few minutes, but Alvareze’s statement to the police contradicts Murray’s statement. According to Oxman, Alvarez told the police that before he called 911, he followed Murray’s instructions & concealed bottles of Propofol by placing them in a bag & cleaning up the room.
[It’s worth mentioning that these are Alvareze’s alleged statement to the police, we haven’t seen his statement in the unsealed police affidavit, because the first time around when he was interviewed by LAPD detectives he didn’t say anything. Alvarez allegedly gave this statement about concealment of evidence few months after the fact. So I’m not sure if the police is going to take that statement into consideration.]
The LAFD reported the time of 911 at 12:22 pm, which is 1 hr & 30 minutes after the time Murray claimed to have found Jackson not breathing.






Paragraphs 47-50: Murray’s revised version of events


Oxman mentions that Murray has changed his statement to the police after it was revealed that he had spent about 47 minutes on the phone between 11:18 am & 12:05 pm. Oxman alleges that Murray’s failure to maintain medical records documenting his treatment of Jackson, gave him justification to be able to modify his statement to the police. Oxman says that this is in violation of California Business & Professional Code, Section 2266 which states that all physicians /surgeons must maintain adequate & accurate record of the services they provide to their patients & that failure to do so is considered unprofessional conduct.
[Oxman is referring to the above law in his claim due to the fact that in searches conducted by Federal & state officials a consistent & accurate record of services, provided by Murray to Michael Jackson, was not recovered.]
In Murray’s new version of events, he claims to have found Jackson not breathing at 12:05 pm while being on the phone with his girlfriend. Oxman concludes that this new version of events given by Murray as well as lack of proper monitoring system for administration of Propofol is a violation of standard of care & proves his disregard for Jackson’s life.






Paragraphs 51-52: Michael Jackson died from Propofol intoxication & Benzodiazepine effect



[Oxman bases his statement based on the autopsy conducted by the LA county Coroner’s autopsy conducted on June 26, 2009. This supports my suspicion that the family might have never ordered a 2nd autopsy. ]
Oxman points out that the toxicology finding contradicts Murray’s claim of administering only 25 mg of Propofol to Jackson as the toxicology showed “lethal amounts” of Propofol in Jackson’s system.



[Technically, the amount found of Propofol found in Jackson body was consistent with the amount found in patients undergoing a major surgery. So it wasn’t the amount of Propofol that was lethal, but the standard of care.]














Paragraphs 53-55: Defendant Ignored Michael Jackson Lung, Brain & Anemia Symptoms





[Once again Oxman is basing his statements on the autopsy conducted by LA county coroner, for more information read my page to page analysis of the AR]
Oxman states that Murray didn’t provide Dr. Cooper at UCLA with accurate information regarding Jackson’s health prior to June 25. According to Dr. Cooper’s report, Murray had stated that Jackson hasn’t been ill prior to the cardiac arrest, but using the autopsy findings, Oxman concludes the opposite.
Oxman says that based on the autopsy report, Jackson was suffering from chronic pneumonia, chronic respiratory bronchitis, anemia & brain swelling. Oxman concludes that Murray’s gross negligence in administering Benzodiazepines & Propofol to Jackson while not treating the other illnesses he was suffering from, is an extreme departure from standard of care expected from a health care provider.
[if you have read my page to page analysis of the autopsy report analysis, then just like me, you’re probably wondering how can all the inconsistencies in that report be justified, yet alone be used as basis for a legal claim. If you go back & read my analysis on Pulmonary pathology, you’ll see that the lungs were in a very bad shape, bad enough to not belong to a person who could sing & dance at the same time. So while Oxman is write about some of the conditions associated with lungs, one should ask how was it possible for MJ to perform & go on with everyday life like that without anyone noticing anything about his condition. No one has ever mentioned anything about MJ suffering from severe shortness of breath, continuous coughing, change in the vocal range, etc. plus these conditions can be pretty painful, how could MJ go on without seeking treatment for them if he was truly suffering from them? In the list of medications recovered from the scene there’re a few antibiotics, but there’s no medications that could target such severe pulmonary conditions & their side effects.
Regarding the brain swelling, this is one of the outrageous claims made by Oxman, even if you want to relay on this half-ass autopsy report. If you read the full neuropathology report, you’ll see that Dr. John Andrews, the neurology consultant, had conducted his examination on a small sample provided to him by the coroner’s office. Throughout his report, Dr. Andrews mentions that the overall appearance of the brain is very normal. Dr. Andrews had examined the skull & scalp as well & finds them to be normal. A mild diffuse brain swelling in observed in a small portion of the specimen examined by Dr. Andrews, but in his opinion it was nothing problematic or life threatening & that’s why he concludes that over all the brain’s condition is free of any abnormalities. One important fact about diffuse brain swelling is that they occur on cellular levels, which makes them far too small to be seen except under a microscope. This means that scientists & doctors rarely get to examine them, until after death. If we could all have our brains examined, most of us would be diagnosed with some minor or mild diffuse brain swelling. According to the neuropathology analysis there was no herniation syndrome, pointing to the fact that the brain swelling wasn’t life threatening.
As for Oxman’s claim regarding Jackson suffering from anemia, I have gone through the 51 pages of the autopsy report & can’t seem to find where exactly he’s getting this diagnosis. If anyone you have a clue, please point it out to me. Thank you!]
Oxman claims that Jackson had neurological, pulmonary (lung), anemia signs over several weeks prior to his death. Oxman states “Michael Jackson was confused, easily frightened, unable to remember, obsessive & disoriented. He had impaired memory, loss of appetite & absence of energy. He was cold & shivering during the summer rehearsals for the show, and as shown in photographs and motion pictures of him, he uncharacteristically wore heavy clothing during the rehearsals, while other dancers wore scant clothing & were perspiring from the heat. Others had to give him jackets or shirts to keep him warm and he needed a heater to control the shivering.”
[I’d like to ask Mr. Oxman how & what is he basing his diagnosis on? Was Jackson coughing a lot, was he not able to sing through his rehearsals & dance because he was short of breath? Was he hospitalized due to these pulmonary conditions? How exactly did Oxman find out that Jackson was showing signs of these pulmonary conditions weeks before his death? The same thing goes for signs of anemia, unless Oxman has seen a blood test showing low red cell counts for Mr. Jackson, I’d like to know what is he basing his diagnosis on? Was he following Jackson around to be able to come up with these claim? Did people involve in TII give him this kind of information? People who worked with him during TII rehearsals all admit that although Jackson was thin, he was in top shape & healthy. Is Oxman simply trying to portray a sickly image of Jackson to guarantee a payback for his client, Mr. Joe Jackson?! It’s my true humble opinion that if Oxman just simply sticks to the fact that Murray’s general behavior was reckless & negligence for a doctor, he has a good case to win; he doesn’t need to show Jackson as this sick dying to gain momentum for this law suit. He is being worst than a tabloid trash.]






Paragraphs 56-59: First Claim by Joseph Jackson against the defendants for Professional negligence


Oxman briefly goes over all the points he has made throughout this document & concludes that the defendants were negligent in providing adequate health care, treatment, diagnosis, resuscitation, informed consent to Michael Jackson. He then adds that as proximate & legal result of the defendants’ conduct, Joe Jackson has been injured in an amount that is yet to be fully determined, but exceeds $75,000. Oxman elaborates that Joe’s damages include: loss of wages & earnings, loss of services, loss of affection, loss of income & support, medical expenses for treatment of physical & emotional injuries, cost of personal attendants, increases transportation costs, emotional distress, etc. Oxman also reserves the right to amend this list once he’s able to come up with an exact estimate of the above names damages.
[I don’t want to be rude, but for Pete’s sake people, can you believe this guy? I understand that the family of the diseased has a right to pursue legal mean to compensate them for their emotional turmoil, but Joe has just gone overboard with this. Do you notice how many times he has mentioned loss of income using different terms? It’s a well known fact that he wasn’t getting any income from MJ, that’s one big challenge he’s going to face bringing this suit in, because he was not dependant on MJ on or before June 25, that’s exactly why he’s not eligible to get monthly allowance from MJ’s estate. He’s also suing for his personal attendants?! & tops that up with cost of treatment he had to go through!!! WTF…Only NOW I understand why MJ didn’t want to have anything to do with Joe.]








Paragraphs 60-62: Second claim by Joseph Jackson against the defendants for liability


Much like the first claim goes over all the points mentioned throughout this document & concludes that the Murray is liable for his wrong decisions & actions. Oxman also hold the clinic who Murray is involved with liable.





Paragraphs 63-66: Third Claim by Joseph Jackson against the defendants Acres Home & Global for Negligence Hiring, Supervision, & Training


Murray has been in employ of the above mentioned clinics from 2006 to present. As employers of Murray, Oxman charges them with negligence in supervising & properly training Murray in providing health care to Michael Jackson. Oxman also alleges them for not properly following the medication purchase procedures & their failure in providing proper training to Murray for administration of Propofol.




~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~



At the end of the document, Oxman requests that the above mentioned claims be resolved in a court of law & asks that such court awards his client with the costs of this law suit as provided by law.


[Important observation: this is all happening too fast due to the statute of limitation for this claim. This claim might have negative effects on the impending criminal trials. As you can see throughout this document, Oxman is trying to portray a sickly & addicted image of MJ which is clearly to the benefit of the defense in the criminal trials. Also since the impending criminal trials & this civil suit are tied together over the issue of death of MJ, the evidence & testimonies in the criminal case can & will be used in the civil case & that bring us to the issue of self-incrimination & fifth amendment. Although it’s highly unlikely for us to see Murray on the stand (I doubt his lawyers will call him to the stand, same strategy Jackson used in his 2005 trials) but if he’s called by the prosecution, he might choose to take the fifth & don’t give an statement as to not incriminate himself in a matter that can be used against him in the civil law suit. So to sum it all up, Oxman is a big fat liar for claiming he wants justice for MJ, all he want is money. If justice for MJ was so important to him, he would have advised his client as to not file this law suit & just let the criminal proceedings to happen uninterrupted. But now he is messing with the cause that he’s selling T-shirts & caps for. Also with all the side deals that Joe is striking using his son's name, his earning more money after his son's death than he probably did before. I'd love to see how he's going to justify that in a court of law when he's claiming to have lost income after losing his son!]
 
Re: Michael Jackson's dad ends bid for estate stipend

CherubimII said:
Joe Jackson's filing indicates he may renew his request for a stipend later if necessary.
Click to expand...

If necessary = If all the money I made of Michael dries up and I get nothing but bills from Oxman from the wrongful death lawsuit.
 
no this piece doesn't help murray.actually it is showing how oxaman and joe are exploiting mj in his death.half of his statement about mj feeling cold and all that stuff came directly from the gr8 karen fake.
 
i really believe if Joe was in the will .. he would not be suing...

and today he had Leonard Rowe on the Tom Joyner morning show saying he just wrote a book.. about what really happened to Michael... saying all the things joe is saying...

Rowe is Joe's mouth piece

everybody want a piece of that MJ money .. especially his father

so glad that the especial owns the rights to Michael's name.. other wise.. there is no telling what Joe would be up to
 
Rasta Pasta said:
and today he had Leonard Rowe on the Tom Joyner morning show saying he just wrote a book.. about what really happened to Michael... saying all the things joe is saying...
Click to expand...


Has anybody read the book?
 
hes prob pulled out cause the koreans will go after him like katherine.
 
......................................
.....$$$$$..$$$$$..$$$$$.....
........$.....$.....$..$............
........$.....$.....$..$$$$$.....
........$.....$.....$..$............
.....$$$.....$$$$$..$$$$$.....
......................................
 
You must log in or register to reply here.
Back
Top