Los Angeles, California (CNN) -June 18, 2010 -
When the Los Angeles County Coroner ruled Michael Jackson's
death a homicide, as a result of "acute propofol intoxication"
with other sedatives, the coroner's office also cited a lack
of recommended equipment for patient monitoring, precision dosing
and resuscitation equipment that may have contributed. Six months
later, Dr. Conrad Murray, who administered Propofol to Jackson,
was charged with involuntary manslaughter.
But in a recent complaint filed with the Medical Board of California,
Jackson's father, Joe Jackson accuses concert promoter AEG Live
of neglecting to provide the recommended equipment and a nurse
who was supposed to assist Dr. Murray. Those measures could
have prevented the singer's death or revived Jackson when he
stopped breathing, according to the complaint.
The California Medical Board is responsible for investigating
complaints against physicians.
According to a copy of the 169-page complaint, obtained by CNN
and verified by Joe Jackson's attorney, Brian Oxman, AEG, over
a six week period, allegedly engaged in "unlawful practice
of corporate medicine," by hiring, directing, controlling
and demanding that Murray medicate Michael Jackson as he prepared
for his "This is it" tour in London.
AEG spokesman Michael Roth declined to comment on the complaint,
telling CNN that his legal department has not viewed the documents.
Joe Jackson was unavailable, according to attorney Oxman.
Murray's civil attorney, Charles Peckham, declined to comment
about the specific allegations against AEG after the complaint
was filed.
According to the complaint, AEG Live executives were so concerned
over Michael Jackson's alleged failure to show up for rehearsals,
that AEG representatives demanded that Murray step in and "wean"
Jackson off his alleged dependence on medications provided by
other doctors which caused chronic fatigue and disorientation.
The complaint states that AEG made an "oral agreement"
with Murray on May 8, 2009 based on a drafted contract agreement,
promising to provide Murray with equipment, supplies and personnel.
The complaint states that Murray immediately accepted AEG's
offer for a monthly physician's fee of $150,000.
According to the complaint, Murray made his first order of Propofol
on May 12, 2009, and stated in a purported e-mail to AEG that
he had begun treating the singer as part of their "oral
agreement."
On May 28, Murray allegedly grew impatient because he had not
been paid by mid-month as promised by AEG, according to the
complaint. Before treating Jackson, Murray, a full time cardiologist,
had been mired in such heavy debt, that AEG exploited his hardship
as a tactic to exert control over his medical decisions, the
complaint alleges. More than two weeks after Murray began treating
the singer, AEG had not provided Murray with CPR equipment as
he requested and never instructed Murray to cease treating Jackson,
the complaint states.
In an interview with CNN's Don Lemon, before the complaint was
filed, AEG Live Executive Randy Phillips said Dr. Murray was
never officially employed by AEG because the contract was never
signed. Phillips said the decision to hire Dr. Murray was solely
Jacksons and that he demanded it.
"He (Michael) said, 'You don't understand, my body is what
fuels this entire venture and like Barack Obama, I need my own
physician with me twenty-four-seven. That's not negotiable,"
Phillips told CNN's Don Lemon. "And he was so strong about
it that I just backed off and said, 'This is a battle I can't
win," said Phillips.
By June 18, according to the complaint, Jackson had attended
only a few rehearsals, prompting AEG Live's Phillips and "This
is It" director Kenny Ortega to demand a face to face meeting
with him at Jackson's Holmby Hills estate. Phillips and Ortega
insisted that Jackson show up for rehearsals or AEG would "pull
the plug" on Jackson's rented house and terminate the services
of Murray if he missed another rehearsal, the complaint alleges.
On that same evening, Murray allegedly gave Jackson Valium,
Ativan, Versed, and Propofol in order to induce sleep, similar
to the medications he allegedly administered over the previous
five weeks, the complaint alleges. Murray continued this practice
without CPR or nursing assistance which AEG had promised, according
to the complaint. Jackson rehearsed on June 19, 23 and 24, according
to attorney Oxman. Most of the documentary "This is it"
was filmed on those dates, according to AEG Live executive Randy
Phillips.
On June 24, AEG sent Murray a revised contract agreement, which
mirrored the original May 8, 2009, oral agreement, except it
required Jackson's signature, the complaint alleges. Murray
signed the agreement and faxed it to AEG although the complaint
alleges that AEG knew of the inherent dangers of the treatments
Murray was administering and "recklessly" withheld
life saving equipment that AEG knew was essential to protect
Michael Jackson's life.
"Had AEG not violated California law and fulfilled its
promise to provide Cardio-Pulmonary Resuscitation equipment
and a nurse, Michael Jackson would not have died on June 25th,"
the complaint alleges.
The complaint is supported by 16 exhibits including a purported
cost estimate of Murray's medical services and a copy of the
purported contract between AEG and Murray.
The cost of medical equipment and other supplies requested by
Murray purportedly totaled $8,000 per month. A nurse was estimated
to cost $7,000 per month, according to the complaint. The cost
of Murray's rental property in London is said to have totaled
$8,000 per month, the complaint stated. Murray, who pleaded
not guilty to involuntary manslaughter charges, told LAPD investigators
that he was never paid for his treatment of Jackson.
A representative at the California Medical Board confirmed to
CNN the filing of Jackson's complaint but declined further comment.
Source:
CNN