bouee;3854847 said:
With the emails Philips received on the 19th, no problem at all, IMO.
On our medical board, they do have templates for various contracts for doctors, including sports team. I read one of those on the French board a while ago, it had stuff regarding the patient-doctor priviledge info, & acting in the best interest of the player instead of the team. I don't have the time right, now, but it maybe the California board does the same thing ?
Contractually they could have refused. They are concert promoters, not a bank. But I don't think that at the beginning, in May, they had a reason to refuse, apart from the cost.
Can they prevent Michael from choosing his doctor : No, they can't.
So either they give him an adavance, or just say no.
But choosing to do an AEG-Murray contract was the worst possible option, and treating Murray as a tour employee was again à very bad choice.
We are back to square one. Yes, in hindsight the contract aeg-murray--mj was not a good idea but ONLY b/c it made AEG liable for this lawsuit. What you are saying is that AEG could have/should have protected themselves better. However, that has nothing to do with CM's agreement with MJ for propofol to be administered--b/c there is no evidence that AEG knew about it or in any way encouraged/promoted that CM use that 'remedy' for insomnia. And it really has IMO nothing to do with MJ's death b/c as long as Murray was administering propofol the way he was MJ was set for a disaster.
I think Nurse Lee possibly needs more attention here--why is she not a witness? This is weird to me b/c supposedly MJ asked her for propofol in April AFTER CM had already ordered it (April 6). She refused to help him find a doctor to give propofol and says she tried to talk him out of it (Metzger also says MJ told him he needed IV treatment for insomnia b/c oral meds didn't work, but M says the word propofol did not come up and he thought it was other IV sleep meds MJ referred to). Nurse Lee went on a huge # of TV shows--Larry King, CNN (3 times), Greta VS, CBS, and more. WHY?
Here is Metzger's testimony:
Dr. Allan Metzger’s testimony on October 24, 2011
(I am starting my transcript when it comes to the medical meeting between Michael Jackson
and Dr. Metzger on April 18, 2009)
CHERNOFF (lead defense attorney): Was it unusual for you to visit Michael Jackson’s
house?
DR. ALLAN METZGER: Not unusual, but infrequent.
C: Did he explain you at any point when he called you why he wanted you to come to his
house?
AM: Basically he said “I want to talk to you about some health issues” and he has known the
I’ve been checking up the kids and knew that I really wanted to see the kids.
C: What was when you came to the house? Who was there?
AM; The three children, Michael, some security guards that I don’t recall names of the
moment. Grace was not there. I don’t know who else was in the home.
C: At the time Michael Jackson spoke to you, did he tell you that he was seeing any other
doctors?
AM: No.
C: And the conversation that you ad with him – was it a private conversation or were there
individuals around when you had this talk?
AM: It started with Michael, myself and the children. Then the children went outside and
Michael and I had privacy in the living room.
C: You sat with Michael Jackson in private?
AM: Yes:
C: And you talked to him about medical issues?
AM: Mostly medical issues and the stress he was under rehearsal schedule?
C: How long was this conversation?
AM: I think I was there for an hour / an hour and a half totally. I would say that conversation -
20 minutes – 25 minutes.
C: How would you characterize his state of mind at that time?
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AM: Lucid.
C: You said lucid – that’s not traditionally a state of mind… Under physical, mental
conditions – how was his mental outlook. Did he seem worried? Did he seem stressed?
AM: He was excited. He was talking to about some creative things he was thinking about. He
spoke to me about his excitement and fear about the tour.
C: What was his fear?
AM: I think it was a big obligation. He did not want to do the job with these 50 shows. And
he realized that this was a huge ordeal to do that.
C: Did he believe he was up to the task?
AM: I think he believed he was up to the task, but also fearful about his nutritional state and
staying healthy
C: What did he talk to you about regarding these issues?
AM: He talked about his nutritional state and some other states that I worked with him some
years ago. He also had various health issues – food – we talked about hydration and some
other things he had to do before and after performing. We didn’t talk about injuries. I think he
was doing very well with his chronic back issues. It was mostly his nutrition and hydration.
C: These conversation that you had with him - are they reflected in your medical records?
AM: Yes.
C: Under what type of language – general health issues?
AM: Yes. Medical issues we discussed including his physical and emotional strain to the
upcoming rehearsal concert schedule, his nutritional und hydration state of health and his
stress related to his profound sleep disorder.
C: On what point did Michael Jackson bring to your attention that he had a sleep disorder?
AM: Many years ago.
C: When did that occur?
AM: I would say over 15 to 20 years ago I know that sleep was an issue particularly after
performing – he could not come down.
C: You have known him at least 15 years.
AM: 15 to 20 years.
C: This was a problem on tours or on a regular base?
3
AM: I was familiar with it on tours when I was with him. And I treated these sleep issues over
the years infrequently.
C: Did you ever travel with Michael Jackson?
AM: Yes, I did.
C: Back to the conversation on April 18th: Did he mention to you any specific medicine that
he hoped to obtain for these sleep issues?
AM: He asked me about IV sleep medicine.
C: Did he happen to mention the name of this medicine?
AM: I think he used the word “juice”. I don’t think I heard the word of a specific medication.
C: And when he said IV sleep medication – what did you think what he meant?
AM: I’m not sure. It could be an IV Valium. It could be an anesthetic drug. I’m not sure what
he was asking.
C: He asked you for IV sleep medication?
AM: He did not believe any oral medicine would be helpful.
C: Did he tell you that he had tried oral medicine?
AM: Yes.
C: And what did he say what the success of it was?
AM: I don’t recall him naming him medicines, but I do clearly remember from personal
experience many medicines just did not work.
C: From personal experience what medicines did not work?
AM: I had personally tried him on Tylenol PM in the past. We had tried Xanax to help his
anxiety and help him go to sleep and on that visit I tried other medication to help him.
C: What medication did you try?
AM: I gave him Clonazepam and Trazadone not to be used together.
C: Was there any type further discussion the type of medication Michael Jackson was
interested in or looking for?
AM: I don’t recall but he mentioned some kind of an anesthetic.
C: You didn’t ask him at that point what type of anesthetic or what type of IV medication?
AM: I don’t ask him specifically about the given medication.
4
C: Are you familiar with the drug Propofol?
AM: I am now.
C: On April 18th, 2009, were you familiar with that drug?
AM: I’ve probably heard about it from patients having outpatient procedures or surgery. So I
was aware of the medication, but not about all the subtleties of that medication.
C: But during the treatment of Michael Jackson you have referred him to outpatient clinics,
haven’t you?
AM: I have referred him or worked with plastic surgeons or dermatologist.
C: You have referred him also to an anesthesiology clinic?
AM: I don’t recall referring him to any specific anesthesiology clinic.
C; Do you know Dr. Randy Rosen?
AM: Yes, I do.
C. Who is Dr. Randy Rosen?
AM: Randy Rosen is a pain management physician. And Randy and I have worked with
Michael in terms of pain management.
C: What kind of pain was Michael Jackson in to be managed?
AM: Most of the time it was chronic back sprain, mostly from overwork practicing,
performing and on a couple of occasions he had injuries.
C: Dr. Randy Rosen – what was his primary speciality?
AM: Maybe he is an anesthesiologist. I have worked with him specifically for pain
management.
C: Is he involved with the Spaulding Clinic in Beverly Hills?
AM: Now I think he is. I did work with him at the Spalding clinic.
C: What is the Spaulding Clinic?
AM: It’s a group of several physicians who, to my knowledge, do outpatient pain procedures
in their suite.
C: What kind of medications were provided to Michael Jackson for his pain?
AM: I don’t know.
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C: During your conversation on April 18, did he tell you that he was visiting Dr. Arnold
Klein?
AM: Visiting Arnold Klein? During being in Los Angeles in that time?
C: During the period of time that he was in Los Angeles.
AM: I presume that he was seeing Dr. Klein frequently for dermatologic treatment.
C: You presume that why?
AM: Most of the time Michael was having mild dermatologic procedures, mild cosmetic
issues and his treatment of chronic vitiligo and other skin issues with Dr. Klein.”
C: Did – in your conversation with Michael Jackson on April 18 - was there any mention
about Michael Jackson of taking you to London?
AM: No.
C: Did he ever mention the need for having a doctor in London.
AM: Yes, he did.
C: Did he ever happen to tell you why he felt he needed a doctor?
AM: Michael was concerned about hydration, he was concerned about sleep and he was
concerned about injuries.
C: Did he ask for a referral from you for that?
AM: Maybe he did. I do not know any practicing physicians in London.
C: He told you he wanted a doctor. He told you he had sleep difficulties. He wanted to have
the IV medicine - you didn’t have any advice for him an that point other than to prescribe him
Clonazepam and Trazadone?”
AM: I couldn’t give him any other advice.
C: You did not provide him IV medication?
AM: I did not provide any intravenous medication for Michael Jackson.
C: Ever?
AM: I would say ever.
C: Your testimony today is that in 15 years you have never provided intravenous medication
of any sort?
AM: That is my testimony.
6
C: After the meeting you left – is that right? Did you ever have an occasion to speak with
Michael Jackson again?
AM: I don’t think so. I gave him instructions about the medicine I prescribed and asked him
to get back to me to tell which medication was helpful.
C: So from April 18th until the time of his death you did not speak with Michael Jackson, is
that right.
AM: I did not speak with Michael Jackson.
C: On April 18th - could you give us sort of the hours hat you have spoken to him.
AM: In person? When I visited him?
C: Yes.
AM: My notes reflect about one hour and a half.
W: No, I’m talking about the time. Was it 2 o’clock, three o’clock?
AM: I think it was an afternoon and I believe it was weekend. I can’t recall anymore than that.
C: Was it early afternoon? Late afternoon?
AM: I would say it was early afternoon. I don’t think it was morning – I don’t think it was late
afternoon.
C: During the 15 years that you treated Michael Jackson you keep your medical records, is
that right?
AM: Yes, I have.
C: And you do have those medical records?
AM: I have 5 pages of medical records since 2002.
C: After Michael Jackson’s death you were asked did to provide those medical records to the
Coroner?
AM: I provided them to an attorney and I was never asked to provide anything else.
C: And the record you provided to your attorney were the five pages that you have in front of
you?
AM: Yes.
C: Thank you.
7
WALGREN (cross-examination by the people): Dr. Metzger, on April 18, 2009, when
Michael Jackson required about intravenous sleep medication, you explain to him that was
dangerous, life-threatening and should not be done outside of a hospital, correct?
AM: That’s correct.
W: Did you ever give Michael Jackson Propofol?
AM: Never.
W: Is there any amount of money that would have convinced you to give him intravenous
Propofol in his house?”
AM: Absolutely not.
W: Thank you.
CHERNOFF (redirect examination): Dr. Metzger, you told Michael Jackson it was dangerous
and should never be given outside of a hospital?
AM: That’s correct.
W: But you didn’t have any idea what medicine he was referring to?
AM: Any intravenous anesthetic should not be given in a home.
C: So, what Michael Jackson said was “I want an intravenous anesthetic”?
AM: Or intravenous sleep medication.
C: Which one?
AM: In my records I say – quote: ”intravenous sleep medication”.
C: But you have independent recollection of him saying “anesthetic”?
AM: (waging his head and bending over his medical records) I’m not sure. My notes reflect
to „sleep medication“ and anything intravenous was unsafe.
C: Anything intravenous?
AM: As a sleep med.
C: You didn’t brought the subject further. You didn’t ask him what kind of medicine or
anything of that nature.
AM: I don’t recall getting into any more detail.
C: Thank you.
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