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Thread: Sues for wrongful death

  1. #71
    Border Rebel groupie2686's Avatar
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    Default Re: Sues for wrongful death

    Quote Originally Posted by MaryCalifornia View Post
    These are just preliminary legal pleadings. Of course the defendants will say they didn't do it and that the plaintiff's "injuries" (different legal meaning that what we think of as injuries) are a result of the plaintiff's own actions. That type of language is in every response filed in every civil lawsuit. But yes, Glenn had injury to his organs, for sure. Caused by disease? Probably. Whose fault? Hopefully nobody's.

    Hopefully this is settled very soon. No way should it proceed to discovery of medical records and depositions, that is when the details come out and nobody needs that. But, for Cindy to have filed this and subjected her family and Glenn's memory to the public scrutiny of such private matters, she must be getting advice from good lawyers that she has a STRONG case... I really hope she doesn't and this goes away quickly. I don't think she needs the money, I think it is a moral/ethical thing, so she could take it all the way to trial...
    I was going to say something similar and you beat me to it, MC! The legal papers are scanned and available to the public to read on the New York County court website. (New York requires electronic filing, so this is done for all cases now). I read them and it is the standard response filed in every lawsuit. As for the claims of "culpable conduct," this is a standard defense. If they took this further, I expect it would be something like, Glenn had pre-existing medical conditions and was already on medication that weakened his immune system, he assumed the risk of such treatment. But at this early stage, it's hard to say if they're going in that direction.

    The hospital/doctor have already filed a request for discovery (meaning they are asking for more information from Cindy - this is the next step in a lawsuit) and a notice to depose her. I expect that Cindy's attorney will file the same against the defendants soon.

    I also hope this settles soon. If it proceeded to discovery and motions, the details of Glenn's illness and medical conditions would be available for the world to see. That feels like such an invasion of privacy. This could get quite ugly.

  2. #72
    Border Rebel Pippinwhite's Avatar
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    Default Re: Sues for wrongful death

    Auto-immune disorders are so difficult to treat, since when you treat one thing, something else is invariably affected. This is pure speculation, but I wonder if the heart of the lawsuit lies in informed consent. Did the GI doc fully inform Glenn and Cindy of the possible side effects of the meds for the ulcerative colitis? Did he do a complete profile of medications Glenn was taking for the RA and look at drug interactions? You'd think that would be med school 101, but things can and do happen.

    Obviously, I'm not a medical professional or an attorney, but I have some friends with auto-immune disorders and they've told me about medication interaction mistakes the doctors made when they should absolutely have known better. So consent/interaction issues may not be off the table. But that's a layman's view from the outside. I'm just praying for the best outcome for Glenn's family, whatever that is, and that, if the truth needs to be revealed, that it will be.

  3. #73
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    Default Re: Sues for wrongful death

    I have decided that I won't read any of the details of this lawsuit should specific information be revealed. I want to remember Glenn on stage being the ultimate "master of ceremonies" and his singing and guitar skills. What more do I really need to know except he is no longer alive. My opinion is that if people want to read the details they should and if they would rather not, then don't. We all have free will and freedom of choice.

  4. #74
    Stuck on the Border Dawn's Avatar
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    Default Re: Sues for wrongful death

    Hard as it may be I think it's important to get to the bottom of what happened and Cindy has very good legal representation and support.


    "Let's burn our long johns and head west" - Glenn Frey 1948-2016

  5. #75
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    Default Re: Sues for wrongful death

    Quote Originally Posted by groupie2686 View Post
    I was going to say something similar and you beat me to it, MC! The legal papers are scanned and available to the public to read on the New York County court website. (New York requires electronic filing, so this is done for all cases now). I read them and it is the standard response filed in every lawsuit. As for the claims of "culpable conduct," this is a standard defense. If they took this further, I expect it would be something like, Glenn had pre-existing medical conditions and was already on medication that weakened his immune system, he assumed the risk of such treatment. But at this early stage, it's hard to say if they're going in that direction.

    The hospital/doctor have already filed a request for discovery (meaning they are asking for more information from Cindy - this is the next step in a lawsuit) and a notice to depose her. I expect that Cindy's attorney will file the same against the defendants soon.

    I also hope this settles soon. If it proceeded to discovery and motions, the details of Glenn's illness and medical conditions would be available for the world to see. That feels like such an invasion of privacy. This could get quite ugly.

    That is why I said earlier in the thread that I thought Cindy's chances of 'winning' this were not high. I know people said they thought she wouldn't do this if she didn't think she had a good case. Well, perhaps. I would say the hospital would believe it is relying on facts rather than other considerations. That's why it was such a jolt to read the 'culpable' comments. Their integrity & reputation has been questioned. Of course they are going to defend it. They won't just slink away.

    I wish Cindy would drop it or agree to a settlement. The timing is horrible, while we are having to endure all the other stuff. I won't elaborate. I agree that I don't want to see Glenn reduced to his medical condition, which is what already seems to have happened.

  6. #76
    Administrator sodascouts's Avatar
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    Default Re: Sues for wrongful death

    Cindy has counted the cost of dredging up all of this, which is obviously going to be incredibly painful for her, and she has decided it is worth it. I am not going to question her judgment when I know nothing about what really happened.

    I just hope that nothing truly ugly gets out because while this legal phraseology is insulting and hurtful (although apparently standard - thanks Border lawyers), it is not the kind of thing I am fearing.

    What is most important, though, is that justice is served.

    Always in our hearts, Never forgotten

  7. #77
    Moderator Ive always been a dreamer's Avatar
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    Default Re: Sues for wrongful death

    I agree with your post, Soda. I doubt Cindy would have ever brought the case if she didn't think she had a legitimate claim, nor will she drop it. I would think she has a smart team of lawyers advising her. IMO, the only way the case will be settled is if both parties can reach a financial agreement where neither admits culpability. Hopefully, that is what will happen, but if not, the case will go to trial and, yes, become pretty ugly and public.

    "People don't run out of dreams: People just run out of time ..."
    Glenn Frey 11/06/1948 - 01/18/2016

  8. #78
    Border Rebel Pippinwhite's Avatar
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    Default Re: Sues for wrongful death

    @Soda -- Yeah, my feelings, too. I pay very little attention to the legal yadda yadda because, as actual attorneys here have said, that's pretty standard. I've had to read a few lawsuits while at the newspaper.

    We have to remember that, while we love Glenn, and we hate the thought of any kind of malpractice, etc., he was Cindy's beloved husband first and foremost. If the suit isn't dropped and no settlement is reached, and she chooses to go forward, we may disagree with her decision, but in the final analysis, it's none of our business what she decides.

    Putting myself in her shoes, if I thought Glenn's doctor, whom I trusted to treat my husband appropriately and wisely, somehow did not do what he said he would do, or the treatment had side effects that were not explained to me, or if I felt he made a poor treatment decision and my husband suffered and died because of it, I'd want some answers. Unfortunately, in this kind of situation, filing a lawsuit is about the only way to get them.

    I know firsthand that when you think a doctor made a decision that led to something bad happening to a loved one, you want some justice. Cindy has the money and resources to ask for it. I don't.

    I have a feeling that if the situation could lead to other patients being harmed, that Glenn would say go ahead with the lawsuit so no other families would suffer. If telling his story would keep someone else from being hurt, I think I know what he would do. And Cindy may also have that in her heart. She may know of other patients and/or families who were in the same situation with the same outcome, but maybe they don't have the resources to seek justice, as she does.

    As I've said before, if there is truth that needs to come out -- particularly to protect other patients and their families -- then I hope it does come out.

  9. #79
    Stuck on the Border NightMistBlue's Avatar
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    Default Re: Sues for wrongful death

    I read the Page Six article where shockingly the Doctor blames the plaintiff for Glenn's demise. Did he mean Cindy Frey or Glenn himself? He was saying they should have gotten help sooner, when Glenn started having breathing problems.

  10. #80
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    Default Re: Sues for wrongful death

    Quote Originally Posted by NightMistBlue View Post
    I read the Page Six article where shockingly the Doctor blames the plaintiff for Glenn's demise. Did he mean Cindy Frey or Glenn himself? He was saying they should have gotten help sooner, when Glenn started having breathing problems.
    I assume he means Glenn himself, but I thought the breathing problems which led to the pneumonia didn't happen until he was already in hospital & by then it was too late. I didn't see anything in that article about getting help sooner. I apologise if I missed something.

    I wouldn't say I was questioning Cindy's judgment. What I HOPE is that there was no malpractice or negligence involved.

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