CONCERT INSURER WANTS ACCESS TO JACKSON’S MEDICAL RECORDS
Lloyd's of London, which was insuring the Michael Jackson "This Is It" series of concerts that he was rehearsing for when he died, is requesting the singer's medical records as part of a lawsuit.
A judge Friday delayed ruling on the request until Dec. 1.
The insurers of Michael Jackson’s attempted comeback concerts will have to wait another month for a hearing on their attempts to obtain his medical records, a judge said Friday.
Lloyd’s of London filed suit against AEG Live and the Michael Jackson Company LLC in Los Angeles Superior Court on June 6. Lloyd’s wants a judge to declare it does not have to pay AEG’s $17.5 million policy on grounds the insurers were not told the singer was taking drugs before he died June 25, 2009, at age 50.
The entertainer’s estate is not a party to the suit, but has objected to a subpoena for Jackson’s medical records, saying the information is confidential and protected by the physician-patient privilege.
Los Angeles Superior Court Maria Stratton said she does not want to rule on the estate’s motion to quash the subpoenas until the trial of the late pop star’s personal physician, Dr. Conrad Murray, is over. Murray is charged with involuntary manslaughter in the death of Jackson, who died of acute propofol intoxication.
“Let’s wait for things to be finished at the other courthouse before we delve into this,” Stratton said. “They may have an affect on this.”
She rescheduled Friday’s hearing for Dec. 1.
Lloyd’s attorney Paul Schreiffer said it means another delay for his client.
“We've been waiting for these documents for over two years, so another 30 days, what the heck,” he told Stratton.
Schreiffer maintains Jackson waived any privacy rights he might have asserted before he died by signing an authorization for his records to be produced for the company. In addition, much of the entertainer’s medical history has already been disclosed during Murray’s trial, Schreiffer and the other Lloyd’s attorneys say.
“[Lloyd’s] has reason to believe that there were in fact material misrepresentations regarding Michael Jackson’s health which should have been, but were not, disclosed,” the insurer’s lawyers state in their court papers. The sought-after medical records will help to put those questions to rest.”
Lloyd’s issued deposition subpoenas for the records on July 12. Two are directed at Dr. Arnold Klein, Jackson’s former dermatologist, and Dr. Allan Metzgar, who once accompanied the entertainer on a concert tour in the 1990s and is a specialist in treating lupus.
Lawyers for the estate filed their objections to the subpoenas Aug. 5.
Lloyd’s lawsuit against AEG claims the company did not tell the insurer about the singer’s medical history, “including, but not limited to, his apparent prescription drug use and/or drug addiction.”
The company also alleges AEG did not disclose the star’s use of propofol, an anesthetic that has been blamed for his death.
The singer allegedly received a dose of the powerful sedative from Murray, who is accused of not monitoring Jackson after administering the drug to help Jackson sleep.
“As has been widely reported in the media since Jackson’s death, and particularly during the ongoing Murray trial, there is evidence to suggest that Michael Jackson had a history of narcotic use, including but not limited to Demerol and propofol, the use of which may have resulted in his death,” the Lloyd’s attorneys’ court papers state.
“Dr. Klein was a [dermatologist] for Michael Jackson who administered Demerol to Jackson reportedly on a regular basis.”
Lloyd’s was never told that the singer was missing rehearsals and appearing at meetings with slurred speech after coming from Klein’s office, according to the Lloyd's attorneys’ court documents.
Up until the last day of Jackson's life, Lloyd’s executives were asking for Jackson’s medical information from AEG Live’s lawyer, who in turn was passing those requests to Murray, according to the Lloyd’s attorneys court papers.
http://www.wavenewspapers.com/enter...ss-to-Jacksons-medical-records-132805428.html
