Sues for wrongful death

[Elizasong]

This had to be so hard for Cindy Frey to do.

https://www.reuters.com/article/us-music-frey/widow-of-eagles-guitarist-frey-sues-nyc-hospital-for-wrongful-death-idUSKBN1F5241

[sodascouts]

Filing the suit wasn't the difficult part, I imagine. This is so awful.

I had wondered about this. I had tried to push it out of my mind because the thought was so horrible but it appears my fears may have been justified.

[Pippinwhite]

Wow. Yeah, I know it had to be heartbreaking for her to do this. So sad.
I'd be interested in seeing the response from the hospital.

If Glenn's situation was anything like other people I've known with auto-immune disorders, sometimes you treat one thing and it makes the other thing worse. It's a real balancing act and sometimes, the body just says, "Enough."

I truly hope there was no negligence or malpractice involved. But if there was, then I hope every appropriate measure is taken to make sure this doesn't happen to someone else. I hope the doctor and hospital are held accountable.

It's a warning that we have to be our own best advocates for our health care.

[YoungEaglesFan]

I hope that the hospital did nothing wrong as it would make this situation even sadder knowing it was a mistake by the hospital. But if they did make a mistake I hope the appropriate respons is made in the future

[Brooke]

Wow! And you would think that as wealthy as Glenn was that he would have had the very best advice and doctors for his issues. I'm sure he did, but I guess even the very best can make mistakes. How sad.

[New Kid In Town]

Wow - I am shocked. So sad to think of what poor Glenn and the family went through.

[shunlvswx]

I really really really really hope Glenn wasn't neglected. I really don't want to think about that if they did, but if they did. I hope Cindy goes after everybody who is responsible for Glenn's death.

I'm really not surprised about this. I had a feeling she might sue.

[Freypower]

On the other hand... the litigation culture in America is so pervasive that this course of action seems almost to be expected. But I suppose it isn't for me to judge. I'm an outsider & have no idea what occurred. I just assumed they knew about the side effects of the treatment. I thought they would have known that for years. The pain & mental anguish stuff I suppose was before he was placed in the coma. I had hoped that he hadn't suffered that much.

It makes everything seem even worse, and I mean everything.

[Houston Baby]

How terribly sad. Even though I knew he would have been in pain, it hurts seeing it in print. What they must have gone thru. 😢

[Brooke]

They had to know all the side effects for years before. There must be more to the story.

[Elizasong]

They had to know all the side effects for years before. There must be more to the story.

I'm praying that's the case and I'm on the side with everyone hoping that they investigate and find out it wasn't negligence. I'm sure that's what his family is hoping as well.

[groupie2686]

I can't say this really surprises me.. I've wondered if there was some malpractice involved for a while now. I still don't understand the need for the coma or why they couldn't bring him out of it. But I try not to think of him like that, it just makes me too sad. If there was any negligence on the part of the doctor or the hospital, I hope they are found accountable.

[Freypower]

I can't say this really surprises me.. I've wondered if there was some malpractice involved for a while now. I still don't understand the need for the coma or why they couldn't bring him out of it. But I try not to think of him like that, it just makes me too sad. If there was any negligence on the part of the doctor or the hospital, I hope they are found accountable.

From what I read when they tried to bring him out of the coma he was unable to breathe.

I don't know enough about the case to have suspected malpractice and quite frankly I would rather not think about it further.

I think it's a shame that literally the day before the anniversary (in my case) this has happened. I wanted to try & remember Glenn in a positive way but the entire two years has just been a nightmare from that viewpoint. I suppose Mrs Frey has her reasons for doing this but I really would prefer not to hear about it.

[tac0mao6]

2 year statute of limitations to file for suspected negligence

[Freypower]

2 year statute of limitations to file for suspected negligence

I'm aware of that.

[sodascouts]

I'm praying that's the case and I'm on the side with everyone hoping that they investigate and find out it wasn't negligence. I'm sure that's what his family is hoping as well.

None of us wants this to be true, but I don't understand why we're talking about this like the family is asking politely for an investigation. They're filing a lawsuit.

You don't sue someone because you think it's a possibility that they might have been negligent, but you hope they weren't.

You sue because you have reason to believe they WERE negligent, and you want them to pay.

[New Kid In Town]

I can't say this really surprises me.. I've wondered if there was some malpractice involved for a while now. I still don't understand the need for the coma or why they couldn't bring him out of it. But I try not to think of him like that, it just makes me too sad. If there was any negligence on the part of the doctor or the hospital, I hope they are found accountable.


From what I read, when his pneumonia became so severe he had trouble breathing, they put Glenn in a drug induced coma and on a ventilator. The doctors tried to remove him from the ventilator but he could not breath well enough on his own. If I remember right, Bob said he recovered from a first bout of pneumonia but came down with a second case of it.

[tac0mao6]

I'm aware of that.

just mentioned it for others reading the thread who may also be wondering
why now? the comment wasn’t directed only towards you

[buffyfan145]

Wow, I feel so bad for the Frey family.

[FreyFollower]

It is telling to me that one particular doctor who saw him only in Oct. And Nov. is involved. We know from Bob that he saw many doctors, and was in the hospital for a month and a half after this time. But she did not sue the doctors who were treating him when he passed away. It seems she feels the eventual outcome was due to the actions\inaction of this guy.
It's just such a terrible tragedy, and a horrible experience for her to revisit. I commend her for fighting for what she feels is right.
I would think she had much to deal with before this.
Prayers for the family.

[WalshFan88]

My thoughts are with Cindy and the Frey family.

Glenn's multiple autoimmune conditions (RA and UC) and the medicine to treat them means that you are way more susceptible to bad infections.

I hope everything works out for them.

[Freypower]

just mentioned it for others reading the thread who may also be wondering
why now? the comment wasn’t directed only towards you

My previous post had mentioned that it's two years tomorrow on my time frame, and therefore I thought it reasonable that you were replying to me, even though you didn't quote me.

[Delilah]

Some of the details revealed by Bob Seger had me wondering if the family would pursue legal action, but I thought it might have been against the drug company. Although getting pneumonia at least twice, when his medical team were aware he was immunocompromised, raised red flags with me as well.



You sue because you have reason to believe they WERE negligent, and you want them to pay.

I agree. That this lawsuit was filed at the last minute before the statute of limitations expires seems to indicate they did not consider other options viable. Glenn seemed to be someone who valued his privacy and his family is probably just as private. I’m sure this was undertaken with a lot of serious consideration, knowing that a lot of medical information may become a matter of public record. Hopefully the case will be settled, Cindy and the kids can avoid a long, drawn-out emotionally-draining legal battle, and Glenn’s privacy will remain intact. I wish that could have happened with Randy.

According to the article, the GI doc and the hospital are being sued.

[Pippinwhite]

I hope whatever the investigation reveals, that it helps give Cindy some peace and some closure. My prayers are certainly with her and the family.

[zeldabjr]

I'm wondering if anyone knows...I don't remember...was Glenn transferred to a different hospital after November?

[Delilah]

I hope whatever the investigation reveals, that it helps give Cindy some peace and some closure. My prayers are certainly with her and the family.

Absolutely, Pippinwhite.

[Elizasong]

None of us wants this to be true, but I don't understand why we're talking about this like the family is asking politely for an investigation. They're filing a lawsuit.

You don't sue someone because you think it's a possibility that they might have been negligent, but you hope they weren't.

You sue because you have reason to believe they WERE negligent, and you want them to pay.

I’m not always well versed in the legal system but my thought was that maybe the family was waiting for answers for two years and they didn’t get any and they were left no choice. If the hospital and doctor can prove they did everything they were supposed to then the lawsuit is done. Apologies I didn’t mean to offend anyone.

[Freypower]

I'm wondering if anyone knows...I don't remember...was Glenn transferred to a different hospital after November?

It would appear that at the time this lawsuit refers to he was in Mt Sinai Hospital. In November I think he was then transferred to the Columbia Medical Centre which is where he died.

[VillageGirl]

It appears that so far, the treating doctor's medical license is still in good standing with the board of medical examiners in New York State. That could change though as the case progresses I suppose. In Massachusetts it is often commonplace to report a medical provider to the medical board first, and to carry on litigation after the provider is found guilty, but all states work independently.

Autoimmune diseases are very tricky. The doctors I work with( who are top notch) are often left scratching their heads. My patients are frustrated and left in tears and having one myself I can say first hand how much they suck.

Hopefully there wasn't any negligence. If there was, it's a good thing Cindy probably has an excellent legal team because a lot of these medications you see on TV to treat rheumatoid arthritis or ulcerative colitis will not only cause immunosuppression and make you more susceptible to hospital acquired pneumonia, but to other autoimmune illnesses as well, which can complicate the case even if the defendant is guilty. I am sure her legal team is probably composed of individuals who are licensed to practice both law and medicine in New York state and if the doctor in question did not perform preliminary tests prior to treating Glenn, they will immediately find this in discovery.

Poor Glenn. He didn't sign up for any of this.

*Edited

[Delilah]

I’m not always well versed in the legal system but my thought was that maybe the family was waiting for answers for two years and they didn’t get any and they were left no choice. If the hospital and doctor can prove they did everything they were supposed to then the lawsuit is done. Apologies I didn’t mean to offend anyone.

Hi Elizasong, you actually bring up a good point that there will be information uncovered during the process of discovery that the defendants have no choice but to provide. However I don’t believe Glenn’s family would invite unwanted publicity and risk his privacy unless there was a strong belief that negligence occurred. JMO. FWIW, I’m not offended.

[Gramsgirl63]

I really really really really hope Glenn wasn't neglected. I really don't want to think about that if they did, but if they did. I hope Cindy goes after everybody who is responsible for Glenn's death.

I'm really not surprised about this. I had a feeling she might sue.

Yes, I have been thinking about this all day too. I just hope poor Glenn didn't have to suffer because of any negligence.

It breaks my heart actually.

Am totally behind Glenn's family at this time. Hopefully there will be answers soon as to what actually happened.

[secret squirrel]

From UCR:

http://ultimateclassicrock.com/glenn-frey-wrongful-death-suit/?utm_source=sailthru&utm_medium=referral&utm_campaign=newsletter_4572276

More or less the same info. My Mum died in a very similar way - rheumatoid arthritis and ulcerative colitis plus pneumonia at the end. She was 67 too. The hospital gave us the runaround with our complaints till we gave up. Hope Cindy can stay strong to fight them.

SS
xx

[groupie2686]

You don't sue someone because you think it's a possibility that they might have been negligent, but you hope they weren't.

You sue because you have reason to believe they WERE negligent, and you want them to pay.

Yes, exactly. I know a little about medical malpractice (I'm a lawyer), although it's not an area I practice in. She wouldn't be going forward if she didn't have a reasonable ground to believe the doctor and hospital provided improper medical care. She is likely looking at years of litigation. It is very hard to prove a claim like this and I wish her the best of luck.

I do wonder, though, how this was leaked to the public. Does TMZ and the like go through the court clerk's website across the country hoping that something will be filed relating to a celebrity? How would they know?

[Dawn]

They had to know all the side effects for years before. There must be more to the story.

Yes, I have to believe given the type of immune suppressant medication especially biologics Glenn may have been taking he would have been made aware of the risks of infection and other issues. A compromisd and/or weakened immune system is a very serious concern.

[Dawn]

I don't know how many times Glenn contracted pneumonia in his lifetime but I do know while making After Hours in late September he had been diagnosed with pneumonia and did not want to be hospitalized.

He talks about it here:

https://artofthesong.org/glenn-frey-interview-part-3-a-tribute/

[MaryCalifornia]

I do wonder, though, how this was leaked to the public. Does TMZ and the like go through the court clerk's website across the country hoping that something will be filed relating to a celebrity? How would they know?

Hi Groupie - TMZ (the Thirty Mile Zone aka LA filming area) has moles in the courts in LA and I now assume in NY as well. They ALWAYS get the info, eventually, and they are often the first to get it. (I'm a lawyer too and yes I read TMZ and yes I'm a member of an Eagles fan site LOL) They just grab anything with a famous person's name on it when it gets filed.

There must be some solid evidence of negligence here, because eventually the details of Glenn's illness and treatment will become public and who would want that? Nobody. Or, they filed just to preserve the right and will end up dropping it or quietly settling with no discovery, etc...

Think about Glenn's earning potential over the next 10 years - literally hundreds of millions of dollars gross, easily, if touring.

[Dawn]

Yes, exactly. I know a little about medical malpractice (I'm a lawyer), although it's not an area I practice in. She wouldn't be going forward if she didn't have a reasonable ground to believe the doctor and hospital provided improper medical care. She is likely looking at years of litigation. It is very hard to prove a claim like this and I wish her the best of luck.

I do wonder, though, how this was leaked to the public. Does TMZ and the like go through the court clerk's website across the country hoping that something will be filed relating to a celebrity? How would they know?

Found a little bit more info:

In the suit, filed Tuesday in New York Supreme Court, Cindy Frey names the Mount Sinai Hospital, Icahn School of Medicine as well as physician Steven Itzkowitz.

“At all times herein mentioned, the defendants each undertook and agreed to render medical care and treatment to Glenn Frey and did render certain care starting on October 19, 2015,” the suit reads.

Frey died on Jan. 18 in 2016 at age 67.

The suit alleges that the defendants “were negligent and careless in the services rendered or and on behalf of Glenn Frey.”

Among the alleged negligence: Failing to “promptly and properly render medical care; causing, permitting and allowing preventable injury and death; failing to promptly and properly treat ulcerative colitis and associated symptoms and diseases of the bowel; failing to promptly and properly assess the patient for respiratory issues; failing to promptly and properly diagnose and treat infection” and “failing to promptly and properly hospitalize the patient.”

“As a result of the foregoing acts of negligence, Glenn Frey was rendered sick, lame and disabled, suffered injuries, pain, mental anguish, was compelled to seek medical care and attention, incurred expenses thereof, and was permanently injured and disabled until the time of his death,” the suit reads."

Source: https://www.thewrap.com/glenn-freys-widow-sues-hospital-and-physician-for-wrongful-death/

Edited to add:

She (Cindy Frey) charged that gastroenterologist Steven Itzkowitz botched the treatment of the musician’s ulcerative colitis between Oct. 19, 2015, and November 2015.

http://www.nydailynews.com/entertainment/glenn-frey-widow-sues-mount-sinai-doctor-botching-treatment-article-1.3760795

[groupie2686]

Hi Groupie - TMZ (the Thirty Mile Zone aka LA filming area) has moles in the courts in LA and I now assume in NY as well. They ALWAYS get the info, eventually, and they are often the first to get it. (I'm a lawyer too and yes I read TMZ and yes I'm a member of an Eagles fan site LOL) They just grab anything with a famous person's name on it when it gets filed.

There must be some solid evidence of negligence here, because eventually the details of Glenn's illness and treatment will become public and who would want that? Nobody. Or, they filed just to preserve the right and will end up dropping it or quietly settling with no discovery, etc...

Think about Glenn's earning potential over the next 10 years - literally hundreds of millions of dollars gross, easily, if touring.

Hi MC - it's nice to know there's another lawyer on here! (I feel the same way, LOL, lawyer by day, member of eagles fan site and reader of TMZ by night).

I thought about that too, that they filed this just to preserve the right, since it was filed 2 days before the statute of limitations expired.

I read the complaint (available to the public through NY courts website) and it doesn't give a lot of information, but complaints in New York never do. More details would come out in discovery, if it goes that far.

[DJ]

I often wondered if the family would pursue a lawsuit. At the time of Glenn's death I suspected something must have gone wrong and that someone had either diagnosed something incorrectly or treated something incorrectly. With all the new medications on the market for Autoimmune diseases, it's very scary. The Doctors are told to " push" new medications on patients for their disease. I know because I have 2 autoimmune diseases and have tried some of the newer medications with wicked side effects. I'm just glad I'm in a position to think clearly and not be so sick that I can't still speak for myself on how I prefer my treatment to go. Being in a hospital these days is scary business. You can go in with one ailment and end up contracting others! I feel for his family having to dredge up all this stuff again. I hope MC is correct in saying that Mrs. Frey might have filed to preserve the right and that everything will be settled quietly. I personally do not want to know the facts involved on how this man came to pass away.:weep:

[Dawn]

Great to have lawyers on the border! I am not a lawyer but based on the details that have been made public it appears to me this all goes back to what did and did not happen during a specific timeframe: October 19, 2015 to some time in November 2015.

[DJ]

I recall when Glenn passed away, Irving made a statement stating that Glenn's medications killed him. I can believe that, knowing a lot about the autoimmune drugs. Ulcerative Colitis is nasty and if not treated properly can land you in the hospital and worse.

[Freypower]

The medication weakened the immune system which left him vulnerable to infections such as pneumonia. To me that is all there is to it. I feel saddened that this course of actioin is being taken instead of some effort being made to celebrate Glenn's life. I know nothing about the case but I would think negligence would be extremely difficult to prove.

[Dawn]

The medication weakened the immune system which left him vulnerable to infections such as pneumonia. To me that is all there is to it. I feel saddened that this course of actioin is being taken instead of some effort being made to celebrate Glenn's life. I know nothing about the case but I would think negligence would be extremely difficult to prove.

I very much agree, it's very disheartening yet I have this nagging feeling there has to be more to it. Glenn was no stranger to lung infections, he battled pneumonia during the finishing touches of making After Hours. And reportedly he was "worn out" from the last tour which ended @ 3 months earlier. If as alleged he was not given proper care during the timeframe in question leading to further complications and ultimately his death I feel the family has a right to pursue all legal recourses. Its a tough road to go down but they may very well feel a responsibility/obligation to proceed. Whatever the reason or outcome it's clear Cindy is looking for answers and accountability.

[Freypower]

I very much agree, it's very disheartening yet I have this nagging feeling there has to be more to it. Glenn was no stranger to lung infections, he battled pneumonia during the finishing touches of making After Hours. And reportedly he was "worn out" from the last tour which ended @ 3 months earlier. If as alleged he was not given proper care during the timeframe in question leading to further complications and ultimately his death I feel the family has a right to pursue all legal recourses. Its a tough road to go down but they may very well feel a responsibility/obligation to proceed. Whatever the reason or outcome it's clear Cindy is looking for answers and accountability.

Yes, I understand that & understand that we are talking about the treatment of the UC before the pneumonia developed. I believe he was supposed to have his large intestine removed but then the pneumonia developed. I just wonder how exactly it should have been prevented given the issue of the RA medication. I also personally find some of the language used distressingly emotive. Of course he was sick; he was dying.

[VillageGirl]

FP, it may come as a shock as I don't think we have agreed on much, but on this issue, I'm with you all the way.

[Elizasong]

Yes, exactly. I know a little about medical malpractice (I'm a lawyer), although it's not an area I practice in. She wouldn't be going forward if she didn't have a reasonable ground to believe the doctor and hospital provided improper medical care. She is likely looking at years of litigation. It is very hard to prove a claim like this and I wish her the best of luck.

I do wonder, though, how this was leaked to the public. Does TMZ and the like go through the court clerk's website across the country hoping that something will be filed relating to a celebrity? How would they know?

My friend sent me this article on Reuters which I thought was legit but now a days you never know....

[maryc2130]

This is so sad in so many ways. I definitely have ambivalent feelings. I don't really know enough to comment further.

[sodascouts]

Cindy Frey has access to information we don't have... she was there. She knows exactly what went down, and as upsetting as this is for us to hear, it's a hell of a lot harder on her!

I would never presume to pass judgment on her decision.

[FreyFollower]

Amen! I agree 100%. She is said to be a very positive person.. And the Freys very private. So to be pursuing this, (IMO) she has some very real, serious issues with them. The terrible things she had to endure and now re-live. God bless her.

[maryc2130]

Cindy Frey has access to information we don't have... she was there. She knows exactly what went down, and as upsetting as this is for us to hear, it's a hell of a lot harder on her!

I would never presume to pass judgment on her decision.

Yes, she does have access information that we don't have, but that doesn't mean she's automatically right. I feel bad for everything she and her family have suffered, but that doesn't mean I blindly agree with her actions. As I said, I don't know enough to comment one way or another. I can't say that it's right or wrong. I know nothing about Cindy Frey, other than, as others have commented, she seems to be a positive person, and I'm sure she's been through a lot. If, indeed, there was negligence, then I'm glad she's doing it. But I also feel that the amount of malpractice suits in this country is disturbing. So, either way, I feel sad.

[Ive always been a dreamer]

Yes, I understand that & understand that we are talking about the treatment of the UC before the pneumonia developed. I believe he was supposed to have his large intestine removed but then the pneumonia developed. I just wonder how exactly it should have been prevented given the issue of the RA medication. I also personally find some of the language used distressingly emotive. Of course he was sick; he was dying.

The way I understand what I have read about the basis of the 'wrongful death' lawsuit is at the time this doctor was treating Glenn that he was not, in fact, dying; furthermore the complaint alledges that if he had been properly diagnosed and all of his symptoms had been properly treated at that time, then his 'wrongful death' would have been prevented.


Yes, she does have access information that we don't have, but that doesn't mean she's automatically right. I feel bad for everything she and her family have suffered, but that doesn't mean I blindly agree with her actions. As I said, I don't know enough to comment one way or another. I can't say that it's right or wrong. I know nothing about Cindy Frey, other than, as others have commented, she seems to be a positive person, and I'm sure she's been through a lot. If, indeed, there was negligence, then I'm glad she's doing it. But I also feel that the amount of malpractice suits in this country is disturbing. So, either way, I feel sad.

Of course, I don't believe anyone here is claiming that Cindy is automatically right or that we are blindly agreeing with her actions. However, at this point, I choose to believe that there must be some merit to her complaints and that she or her attorney's would not file a frivolous lawsuit. As others have said, why would she put herself and her children through this public anguish if she doesn't believe she has a case? None of us knows either side, and the outcome is for the courts to decide. However, I do hope that this can be settled out of court to spare us the public spectacle about the gory details of Glenn's last months.

[Freypower]

The way I understand what I have read about the basis of the 'wrongful death' lawsuit is at the time this doctor was treating Glenn that he was not, in fact, dying; furthermore the complaint alledges that if he had been properly diagnosed and all of his symptoms had been properly treated at that time, then his 'wrongful death' would have been prevented.



Of course, I don't believe anyone here is claiming that Cindy is automatically right or that we are blindly agreeing with her actions. However, at this point, I choose to believe that there must be some merit to her complaints and that she or her attorney's would not file a frivolous lawsuit. As others have said, why would she put herself and her children through this public anguish if she doesn't believe she has a case? None of us knows either side, and the outcome is for the courts to decide. However, I do hope that this can be settled out of court to spare us the public spectacle about the gory details of Glenn's last months.

I was talking about the prevention of the pneumonia. I wondered how they were supposed to have prevented it given the already weakened immune system. Incorrect diagnosis is another thing, of course. I also do realise that the language used about his state of health then refers to this specific period; however I still found it extremely distressing to read.

I'm not going into any more back & forth on the merits of this. Like others I also hope it is settled quickly.

[Ive always been a dreamer]

But FP, allegedly one of his symptoms that this doctor ignored was the respiratory issues. I assume the complaint is that if this had been treated right away, then the pneumonia would have been prevented.

[Dawn]

I don't think we will hear much more than what has been released publically to date unless some one leaks additional details which I truly hope won't happen.

What I am confiused about is the timeline for the two bouts of pneumonia. It sounds like they were very close together which would certainly be a very tough spot to be in IMHO.

[Freypower]

But FP, allegedly one of his symptoms that this doctor ignored was the respiratory issues. I assume the complaint is that if this had been treated right away, then the pneumonia would have been prevented.

Yes, I see that. I take your point.

[Glennsallnighter]

My father got pneumonia last summer. it started with a chesty cough. 24 hours later he was in hospital. He spent 4 weeks there and another 4 weeks in the nursing home before he died. How did he catch it? No one has a clue as he rarely left the house and it was the middle of summer. None of the people who visited the house (us, carers, physio, the odd neighbour) had it or could have transmitted it to him. Point is we just don't know. Its quite possible NOBODY knows how Glenn :heart: caught it. Suppose someone close to him like a family member just spoke to someone who was incubating the bacteria, the bacteria transferred to them, they spoke to Glenn:heart: later that day. It happens. Even with the best possible care it can happen. Nobody wants it to. But it did

Hell I don't know what I'm trying to say here at all

[Freypower]

My father got pneumonia last summer. it started with a chesty cough. 24 hours later he was in hospital. He spent 4 weeks there and another 4 weeks in the nursing home before he died. How did he catch it? No one has a clue as he rarely left the house and it was the middle of summer. None of the people who visited the house (us, carers, physio, the odd neighbour) had it or could have transmitted it to him. Point is we just don't know. Its quite possible NOBODY knows how Glenn :heart: caught it. Suppose someone close to him like a family member just spoke to someone who was incubating the bacteria, the bacteria transferred to them, they spoke to Glenn:heart: later that day. It happens. Even with the best possible care it can happen. Nobody wants it to. But it did

Hell I don't know what I'm trying to say here at all

I know what you mean.

I also wonder was it the gastroentrologist's role to identify the respiratory problem. I suppose if it wasn't his role, someone else in the hospital should have. I don't know. Was it really 'ignored' as is claimed or did it happen to fast for anything to be done. As I already said, the immune system was so weakened that he was more vulnerable to it.

[Brooke]

Another thing with pneumonia is that the less active you are, the worse it can become and harder to get over. Just laying around causes it to settle in your lungs. We know Glenn was bedridden at this time.

[Dawn]

Poor Glenn. I feel so sad ... there are no words.

[redstorm1968]

https://pagesix.com/2018/03/28/hospital-and-doctor-deny-negligence-in-glenn-freys-death/

[Freypower]

According to court documents obtained by The Blast, Mount Sinai Hospital and Dr. Steven Itzkowitz claim that “the injuries of the plaintiff were caused in whole or in part by the culpable conduct of the plaintiff.”

This appears to be claiming that what happened to Glenn was his own FAULT.

For a start, he did not have 'injuries'. He had a disease.No mattter what his lifestyle may have been he did not choose to get UC, RA & then pneumonia & die.

While I don't believe this lawsuit will succeed, I find this statement extremely hurtful & I cannot understand the reasoning behind it.

[sodascouts]

Dr. Steven Itzkowitz claim that “the injuries of the plaintiff were caused in whole or in part by the culpable conduct of the plaintiff.”


What the freak is that supposed to mean??

Please don't let this lawsuit get ugly.

[New Kid In Town]

According to court documents obtained by The Blast, Mount Sinai Hospital and Dr. Steven Itzkowitz claim that “the injuries of the plaintiff were caused in whole or in part by the culpable conduct of the plaintiff.”

This appears to be claiming that what happened to Glenn was his own FAULT.

For a start, he did not have 'injuries'. He had a disease.No mattter what his lifestyle may have been he did not choose to get UC, RA & then pneumonia & die.

While I don't believe this lawsuit will succeed, I find this statement extremely hurtful & I cannot understand the reasoning behind it.


This is the typical response from a hospital/doctor in a lawsuit. These law suits are very difficult to prove and win. And, they also drag on forever. The average time before a settlement can be 3-5 years depending on the state. They can get very ugly. You are talking about the reputation of a doctor and a hospital.
I can't imagine Glenn doing something that caused his death.

[Freypower]

This is the typical response from a hospital/doctor in a lawsuit. These law suits are very difficult to prove and win. And, they also drag on forever. The average time before a settlement can be 3-5 years depending on the state. They can get very ugly. You are talking about the reputation of a doctor and a hospital.
I can't imagine Glenn doing something that caused his death.

Of course he didn't.

If this is the 'typical response' I' think I would prefer it if they actually tried to defend their reputation rather than blame the 'plaintiff' (there's that word... funny that it is now being used like this) for what happened to him.

I understand that they want to play hardball after what the lawsuit has alleged. But I don't think this is the way they should do it.

[shunlvswx]

According to court documents obtained by The Blast, Mount Sinai Hospital and Dr. Steven Itzkowitz claim that “the injuries of the plaintiff were caused in whole or in part by the culpable conduct of the plaintiff.”

This appears to be claiming that what happened to Glenn was his own FAULT.

For a start, he did not have 'injuries'. He had a disease.No mattter what his lifestyle may have been he did not choose to get UC, RA & then pneumonia & die.

While I don't believe this lawsuit will succeed, I find this statement extremely hurtful & I cannot understand the reasoning behind it.

I’m sorry to say, FP. They are trying everything to win this case. Of course they are going to blame Glenn’s past for what happened. They are very heartless, but that’s any hospital being sued. They don’t want to lose this case.

[shunlvswx]

I look up the word culpable and they are basically saying it’s Glenn’s fault for his “injuries”.

[Ive always been a dreamer]

lUnfortunately, it is probably inevitable that this will get ugly. There is no way that the defendants are going to admit culpability. I just hope that they can settle it before it gets real nasty. But, obviously, we don't know the facts of the case so it's impossible to predict the outcome at this point.

[MaryCalifornia]

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...

[WKMB55]

Basically they're claiming that he should have taken better care of himself?

It will get ugly. Someone very close to me died as the result of a surgical mistake. When a lawsuit was filed, the argument of the surgeon and the hospital was (a) the patient signed consent forms which clearly stated all the risks and (b) the patient had stage IV cancer and there was no way to predict how long they might have lived with or without the surgery so assigning a monetary award would be nearly impossible.

After that experience, nothing that is said by the Dr's or hospital in the Frey case will surprise me.

[luciknight]

After my friend's father died because a well known and respected hospital here in my city mistook the blood type of the blood bags he had to take, cos he had a heart surgery, and nothing, absolutely nothing, happened to the hospital... I believe in some kind of hospital mafia or something.
They'll never be guilty.

But well, this is Glenn Frey we're talking about, so... let's see.

[groupie2686]

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.

[Pippinwhite]

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.

[WKMB55]

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.

[Dawn]

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.

[Freypower]

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.

[sodascouts]

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.

[Ive always been a dreamer]

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.

[Pippinwhite]

@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.

[NightMistBlue]

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.

[Freypower]

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.

[carol7lynn]

[quote=NightMistBlue;374217]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.[/quote

Perhaps he had lung disease on top of colitis. He was a big cigarette smoker back in the day.

We'll see!

CarolC
Stay Tuned! :|

[Freypower]

[quote=NightMistBlue;374217]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.[/quote

Perhaps he had lung disease on top of colitis. He was a big cigarette smoker back in the day.

We'll see!

CarolC
Stay Tuned! :|

There was never any mention of lung disease.

[Delilah]

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.

NMB, where are you reading about the breathing problems? Is there an updated/expanded version of the article?

Cindy Frey as an individual is indeed one of the plaintiffs (the other being Glenn’s estate).

In many states, if the dr/hospital can show that the injured party contributed to his own injuries, then that will reduce any damages awarded in the event the defendants are found negligent. So that claim is not unexpected.

There is so much unknown about the facts that I hesitate to say anything. We don’t know when or how often Glenn experienced breathing problems, for example. We don’t know what his doctors advised before and during the HOTE tour.

The lawsuit has led me to wonder if the hospital’s infection control procedures were properly followed and if the GI doc consulted with infectious disease specialists. Like Pippin said, I would want answers.

[NightMistBlue]

My bad, peeps. It was Cindy who said the doctor took too long to address respiratory issues. Sometimes I read things too fast.

[luciknight]

the pneumonia was probably for the long time he had been in bed without moving too much. It's very common in inpatients or in the ICU.

It is usually the cause of death in these patients, no matter the underlying disease. It's either pneumonia or some other infection.

[groupie2686]

I thought the pneumonia was from the meds he was on for the RA and/or UC, they weaken your immune system. He had pneumonia while recording After Hours.

[Ive always been a dreamer]

I really don't think we have enough facts right now to speculate too much about the validity of the claims on either side. However, if it the lawsuit does not get settled, that is bound to change.

[luciknight]

Ah, so he had a history then, even worse since it was recurring.

[Dawn]

IIRC Glenn Frey acquired some sort of infection while in Hawaii after the HOTE tour ended. He sought medical treatment in Los Angeles and it may have been around that time his meds were changed but that is pure speculation. It could have been earlier or later. We only know there was a change in meds at some point.

[buffyfan145]

I feel so bad for the Frey family and this has to be tough and having this all becoming public. Pneumonia is so scary and usually is caused by either already having a virus or infection. My Grandma has it regularly now and just got out of the hospital again last week. She gets it at least once a year now whenever it's cold/flu season. Thankfully they caught it early this time and she only had to stay a few days. Two years ago she was in the hospital for a couple weeks. She doesn't have RA but other medical conditions and she can't really be around anyone when they have a cold/flu virus as if she gets it, it will turn into pneumonia.

[chaim]

I've totally missed this thread. This makes me so sad. :-(

[New Kid In Town]

When Glenn passed, Irving gave a statement to a newspaper stating Glenn's meds caused the Pneumonia and UC. If you listen to those commercials, they list both as a possible side effect from taking the medication.
Dawn is right about the infection timeline from what info was given when he passed. It seems he caught a first bout of Pneumonia, was hospitalized, and the surgery could not be performed due to the Pneumonia. While still in the hospital Bob S. stated Glenn caught a more severe strain of Pneumonia and never recovered from that.

[MarthaJo56]

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.

I feel the same way, although I hope it is ruled in the family's favor. I want to remember Glenn as that talented, handsome, funny and soulful guy. I have a hard time watching some of the interviews (like on The Dan Patrick Show) where you can see his failing health.

[CAinOH]

Update on the lawsuit. The doctor being sued says Glenn's future earnings wouldn't have been worth $12 million.

https://pagesix.com/2019/01/10/doctor-blamed-for-glenn-freys-death-says-hes-not-worth-12m/?utm_source=facebook_sitebuttons&utm_medium=site+buttons&utm_campaign=site+buttons&fbclid=IwAR1BnSvtOWI9WEylMXPD0SSV7luTww7gGauZlOszc Bpspi06sQiB1yH16Ak

[FreyFollower]

Update on the lawsuit. The doctor being sued says Glenn's future earnings wouldn't have been worth $12 million.

https://pagesix.com/2019/01/10/doctor-blamed-for-glenn-freys-death-says-hes-not-worth-12m/?utm_source=facebook_sitebuttons&utm_medium=site+buttons&utm_campaign=site+buttons&fbclid=IwAR1BnSvtOWI9WEylMXPD0SSV7luTww7gGauZlOszc Bpspi06sQiB1yH16Ak


I had wondered what was going on with this. Thanks, CAinOH.

I say, of course he could have made that much. And I don't think that you could make a proper estimate of future income simply by looking at previous years' income. Think of the potential from a successful musical, or a book or video releases (if he had chosen to do so). So many possibilities.:cry:
I'm glad Cindy insisted on confidentiality. It's no one's business.

[LuvTim]

Update on the lawsuit. The doctor being sued says Glenn's future earnings wouldn't have been worth $12 million.

https://pagesix.com/2019/01/10/doctor-blamed-for-glenn-freys-death-says-hes-not-worth-12m/?utm_source=facebook_sitebuttons&utm_medium=site+buttons&utm_campaign=site+buttons&fbclid=IwAR1BnSvtOWI9WEylMXPD0SSV7luTww7gGauZlOszc Bpspi06sQiB1yH16Ak
This guy is unbelievable. :eyebrow:

[sodascouts]

All you have to do is look at the kind of money the guys are pulling in now sans Glenn to see that he would have been making money hand over fist for the past two years, had he lived.

This doctor must be afraid of losing if he's trying to minimize the damages....

[Dawn]

Would be interesting to know how much Don Henley earned during the last couple of years touring with the Eagles and through other revenue generating sources eg. Concert merchandise, new album releases, etc. Henley and Frey were co-founders of the band so I think it could be helpful in terms of determining potential lost income.

[New Kid In Town]

Dawn, I totally agree. I think Glenn could have made much more than the $12 million stated. They were the 4th highest grossing tour last year according to an article posted on the Border. You also have to figure merchandising and record sales, which included the 40th Annv. release of HC. I also think he was worth much more than $90 million. If Don's income is estimated at over $200 million than I would assume Glenn's would be close to that. if it is one thing the Eagles knew how to do, it was make money. I'm not saying there is anything wrong with that, just using it as a point to show Glenn would probably gross more than $12 million.

PS - Do Don, Joe & Tim split the same amount for touring ? Or, does Don make more as the lone surviving original Eagle ? Just wondering.....

[Delilah]

The article doesn’t provide a lot of details about disputing the $12 million claim other than Cindy not turning over financial records, in which case it’s understandable why the defendant is fighting it. That being said, didn’t Lindsey Buckingham claim that he lost out on $14 million by not going out on the latest FM tour? It seems perfectly reasonable that Glenn would have made a similar amount had he been able to tour this past year.

Thanks for posting, CAinOH.



I also think he was worth much more than $90 million. If Don's income is estimated at over $200 million than I would assume Glenn's would be close to that. if it is one thing the Eagles knew how to do, it was make money. I'm not saying there is anything wrong with that, just using it as a point to show Glenn would probably gross more than $12 million.

PS - Do Don, Joe & Tim split the same amount for touring ? Or, does Don make more as the lone surviving original Eagle ? Just wondering.....

I’m not sure if we’re talking about income or net worth here. But to me it makes sense that Don’s ​net worth is greater than Glenn’s (estate). Don sold a lot more records during his solo career than Glenn did plus he toured more. For example, compare their concert review threads in the Eagles On the Road sub-forum. That was just in the last 10-12 years. I could be wrong but I don’t think Glenn toured very much in the 80s either, which were his peak success years, solo-wise. I doubt his acting stints made up for it, financially-speaking. He also probably had to pay a hefty divorce settlement to his first wife.

Interesting question about the split between Don, Joe and Timothy. My guess is Don makes more for the same reasons he and Glenn made more for the HFO tour; however I would think Joe has a lot more leverage these days.

[Ive always been a dreamer]

Yeah - I'm pretty sure Glenn could have exceeded $12 million in future earnings if he had lived. I've said all along that I don't believe that Cindy would have pursued this if she didn't believe her claims had some legitimacy. I still think that the lawsuits will be settled at some point. I sure hope so - as a fan, I don't want to see this turned into fodder for the tabloid media.

[New Kid In Town]

The article doesn’t provide a lot of details about disputing the $12 million claim other than Cindy not turning over financial records, in which case it’s understandable why the defendant is fighting it. That being said, didn’t Lindsey Buckingham claim that he lost out on $14 million by not going out on the latest FM tour? It seems perfectly reasonable that Glenn would have made a similar amount had he been able to tour this past year.

Thanks for posting, CAinOH.




I’m not sure if we’re talking about income or net worth here. But to me it makes sense that Don’s ​net worth is greater than Glenn’s (estate). Don sold a lot more records during his solo career than Glenn did plus he toured more. For example, compare their concert review threads in the Eagles On the Road sub-forum. That was just in the last 10-12 years. I could be wrong but I don’t think Glenn toured very much in the 80s either, which were his peak success years, solo-wise. I doubt his acting stints made up for it, financially-speaking. He also probably had to pay a hefty divorce settlement to his first wife.

Interesting question about the split between Don, Joe and Timothy. My guess is Don makes more for the same reasons he and Glenn made more for the HFO tour; however I would think Joe has a lot more leverage these days.

Hi Delilah ! Yes, I thought about the touring and realize Glenn did not tour as much as Don and did not sell as many records as Don(he also had to cancel tours because of illness). So, that all makes sense. I also doubt he made a bundle in his acting stints as he had no acting career before that. I always thought one reason why he disliked "Plaintiff" so much was he probably had to pay a bundle in his divorce settlement. However, I figured he probably had good investments from which he would make good money. I know Celebrity Net Worth is only an estimate but I thought 90 million seemed low.

Delilah, I figured the same thing regarding the tour. I just thought I would mention it. I also feel Don is making more money. I also agree that Joe has more leverage than Tim(no offense Tim fans).

[Ive always been a dreamer]

Regarding Glenn's net worth, I dare say he also spent more money than Don over the years. He had a larger extended family than Don and I would guess that he shared some of his wealth with them. It is well-known that he purchased several homes for his parents and paid for his youngest brother's college education, but I'd bet there is a lot that isn't public knowledge.

As far as Joe and Tim, of course, none of us knows the current financial agreement, but to be honest, I would be shocked if Joe earns more than Tim. They have always been compensated the same since they first joined the band, so my guess is that this remains unchanged. Of course, Joe earns much more from his James Gang and solo careers.

[FreyFollower]

[QUOTE=Ive always been a dreamer;I'd bet there is a lot that isn't public knowledge.

I agree. I remember a cousin said here on the Border that Glenn paid for their grandmother's care. It brings to mind his saying that 'God loves a quiet giver' when pressed to list his charitable benefactors.
i admire that very much.

[WitchyWoman92]

I actually thought the lawsuit was over and done with until I saw this today. I believe it's a good thing his wife is doing since many times the hospital is to blame in situations like this, so I'm definitely in support of her search for answers. I know no one wants the details of his last moments to become public so I'm not sure what's going to happen now.

https://pagesix.com/2019/04/18/judge-denies-widows-request-to-seal-glenn-frey-wrongful-death-suit/

[Pippinwhite]

@WW92 -- No, I think this is going to go on for some while longer. I suspect (not being an attorney or anything) what may happen next is, since it was denied based on the fact that being famous didn't entitle him to that privacy, that Cindy's lawyers will search for precedent where other such records WERE sealed for celebrities and will appeal the decision. Precedent is a big deal under the law, and if they can find other cases where the records were sealed in such instances, then that would strengthen their case. Assuming, of course, they haven't already done so.

Otherwise, I'm guessing the lawyers will keep what they can under wraps, and the case will go forward.

[New Kid In Town]

@WW92 -- No, I think this is going to go on for some while longer. I suspect (not being an attorney or anything) what may happen next is, since it was denied based on the fact that being famous didn't entitle him to that privacy, that Cindy's lawyers will search for precedent where other such records WERE sealed for celebrities and will appeal the decision. Precedent is a big deal under the law, and if they can find other cases where the records were sealed in such instances, then that would strengthen their case. Assuming, of course, they haven't already done so.

Otherwise, I'm guessing the lawyers will keep what they can under wraps, and the case will go forward.

I'm hoping they can keep the medical stuff private and sealed. Not necessary for the world to know that stuff.

[Pippinwhite]

@NKIT -- No, it's not at all necessary. You're right. I can't see where it serves the cause of justice in any way. It's not a criminal trial. It's a civil proceeding and judges seal cases all the time. I don't think it serves the public interest, either. Glenn's financial particulars are none of my business, and I think the public knows as much about what happened to him medically as we need to know. There's just not a compelling reason for all this to be public, in my opinion. Celebrity should have nothing to do with it. Regular folks should also be afforded privacy in such matters. But as I said elsewhere, this may be a quirk of law peculiar to New York state. I don't know.

[FreyFollower]

I think it was wrong to suggest that this is a case of a celebrity wanting special treatment. While no one wants their personal and financial records public, regular folks don't have a horde of reporters anxious to tell all on the internet and in publications worldwide.

It comes off to me as a way of attempting to strong arm Cindy to drop the suit. They could be provided the information without it being public fodder. They mistreated her husband, and now they're bullying her, IMO. Shame on them.

[WalshFan88]

This is so wrong! Shame on that judge.

[sodascouts]

It does seem the judge was using this case to try to prove a point about celebrities in general rather than considering it on its own merit.

[Ive always been a dreamer]

I think it was wrong to suggest that this is a case of a celebrity wanting special treatment. While no one wants their personal and financial records public, regular folks don't have a horde of reporters anxious to tell all on the internet and in publications worldwide.

It comes off to me as a way of attempting to strong arm Cindy to drop the suit. They could be provided the information without it being public fodder. They mistreated her husband, and now they're bullying her, IMO. Shame on them.

I'm a little late to the party here, but I so totally agree with this comment, especially the bolded part, which I think maybe should entitle celebrities to some special considerations. Unfortunately, many lawyers are masters at bullying people when they are the most vulnerable. And the sad part is that they do it because it works. I've said all along that I believe the case will eventually be settled and this is one reason I believe that. Unfortunately, just like everything else these days, our justice system is being driven by money and power. Cindy may be wealthy, but she's not as rich and powerful as the hospital, so she'll probably be forced to settle. Bottom line is, yep, justice can be bought.

[FreyFollower]

I thought the same thing about the hospital. Cindy's wealth is peanuts compared to them. She lost her husband and he suffered terribly due to their lack of attentiveness,etc. and yet they want to make an example out of HER because she's a celebrity. IMO, it's more a case of a large business using their power to get away with grievous behavior, and then having the gall to bully the injured party. Grrrrrrr!

[Carolyn]

I feel Justice Silver's ruling was not only spot-on accurate in denying the request to seal the files until trial -- but it is one of the most beautifully written decisions I've ever read.

He put into words my exact thoughts.

I feel that while the justice system is far from perfect -- the ultimate goal should be that everyone -- regardless of age, race, religion, sexual orientation, rich or poor, a public figure or a private citizen -- should be treated equally in a court of law.

Every single day,there are ordinary citizens who pray their bosses, friends, co-workers,neighbors, etc., do not pick-up the local newspaper and read the published police log or court summary section in which it mentions their name -- or the name of a loved one. Sometimes, they want to avoid the embarrassment; other times they fear they could lose their jobs -- whether it is for a criminal matter, such as a DUI -- or a civil matter in which one neighbor is suing another neighbor for their dog biting someone; or a dispute about a neighbor having loud parties, or even something as simple as one neighbor claiming another neighbor built a fence that infringes on their property line.

One never knows what a local paper, or even a local website, may decide to print or post -- and if the story catches fire in a local community and tarnishes the reputation of the individual, or their family, even if it is about something stupid that one of their children may have done -- they fear the possibility of losing their job, especially if they are an employee-at-will with no contract or union to back them.

While I do feel there are certain matters that should be sealed for all people -- such as the privacy to some medical records -- I think it is of extreme importance that court proceedings remain open and public for all, as it is the only way to ensure transparency that everyone is being treated fairly.

What I found interesting in Justice Silver's decision, was this statement,

"…here defendants have yet to make a request for plaintiff or decedent's tax returns, let alone a request for any other financial information. Instead, plaintiff isseeking a preemptive declaration that plaintiff and decedent's tax returns are entitled to sealing protection In doing so, plaintiff is attempting to seal the entire court file rather than waiting to make an application for sealing as the need potentially arises once disclosure of specific documents that may be entitled to protection is actually sought."

I also concur with Silver regarding the plaintiff's case law reference not being on-point when Silver noted, "Notably, contrary to plaintiffs interpretation, Matthews Indus. Pipinc Co., Inc., supra, had nothing to do with the sealing of tax returns. The case can more accurately be described as a case about the relevance of tax returns in a particular litigation rather than whether those records should be accessible to any court user. As such, plaintiffs proffered argument has nothing to do with whether plaintiff and decedent's tax returns are indispensable to the litigation. Instead, plaintiff is arguing that tax returns should simply be sealed because of the privacy concerns they unearth, especially where the parties to a litigation are famous. "

In my opinion, I have more sympathy for some ordinary citizen fearing losing their livelihood --and ability to provide for their family -- more than I am concerned that thefamily of a celebrity not wishing to have their financial records revealed.

Frankly, who really cares how much any celebrity is worth?

Personally, my husband and I are both hard-workers who are more concerned in providing the best livelihood for our growing family, rather than worrying about how much someone else has in the bank.

While I do feel there are certain matters that should be sealed for all people -- such as the privacy to some medical records -- I think it is of extreme importance that court proceedings remain open and public for all, as it is the only way to ensure transparency that everyone is being treated fairly.

I adore Silver's reference in his finding to one of my favorite classics, "To Kill A Mockingbird," when he stated in his denial:

"Lee's protagonist Atticus Finch stated in To Kill A Mockingbird, "[o]ur courts have their faults, as does any human institution, but in this county our courtsare the great levelers, and in our courts all men are created equal"(Harper Lee, To Kill A Mockingbird [1960]). In the instant matter, the court finds that plaintiff has not established good cause for the sealing of the entire court file until the time of trial. Indeed, as mentioned, the record is devoid of facts supporting the need to seal the entire court file. Plaintiffs blanket statements regarding protections afforded to tax returns and other financial records are bereft of factual support within the record, and binding legal precedent within the Appellate Division, First Department. But more fundamentally than that, what this application boils down to is the notion of whether, in the eyes of the law, courts should treat those with greater means and renown differently from those with lesser means and prominence. This court refuses to countenance such unequal treatment. In the view of this court, if the scales of justice are tipped too heavily on one side, the perception of justice and fairness collapses for all."

While I have absolutely no idea who is right or wrong in the lawsuit filed by Mr. Frey's widow, as I don't know anything other than what I have read in news accounts, Ithink there are other ways of proving a loss of future income, without revealing financial information they wish to keep private.

One of the most simplest solutions would be to make a simple argument before the court that previous tax returns of the plaintiff are not relevant -- as they are notseeking money from the time-period when Mr. Frey was alive -- and, instead, ask the Judge to allow them to simply disclose records more indicative of the lossof future earnings, which they are seeking.

In that regard, they can simply show financial records from the Eagles most recent tour, and have the band's manager and/or accountant testify as to how much Mr. Frey would have earned off of the tour and use that as a bench-marker as to how many other future projects Mr. Frey would have been involved in -- as, after all, the case is about future earnings he would have made -- not what he already accumulated in the past. They can also offer actual receipts for costs incurred, such as for funeral expenses, etc.

For anyone interested in reading about the importance of courts not going overboard with sealing records, here is a link to a good story on this topic: https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/07/06/sealed-cases-sealed-documents-sealed-opinions/?utm_term=.16f068063e8b

That story references one of the most famous quotes by Chief Justice Burger in the seminal case of Richmond Newspapers v. Virginia, which established the public's constitutional right of access to court proceedings when he wrote, "People in an open society do not demand infallibility from their institutions, but is difficult for them to accept what they are prohibited from observing."

Let there be no doubt about it -- the Supreme Court supports the public's right of access to judicial proceedings and records -- it is a First Amendment issue.


While I do feel there are times when court records should be sealed -- I feel the bar to justify the sealing of records must be a lot more higher than requesting favoritism because someone is famous.

[Delilah]

Great post, Carolyn, thanks for the info. I haven’t read the judge’s opinion but I knew he must have been responding to an argument made by Cindy’s lawyers, that Glenn’s celebrity merited special protection of his records. What is unusual is that this was a preemptive request; apparently the defendant hadn’t even asked for tax records yet.*

One of the basic tenets of the U.S. justice system is openness and transparency of our courts. There are exceptions of course e.g. juvenile cases but the importance of the public knowing how or why a court ruling is made or whether proper adherence to due process or other legal proceedings has occurred cannot be overstated.

I do sympathize with Cindy and her family and understand the desire to have their financial records sealed but I don’t see how the judge was being unreasonable here.

*incidentally the Page 6 article posted previously says that the defendant Dr. did ask for some financial info but Cindy Frey refused to disclose it b/c the he didn’t sign a confidentiality agreement.

[Ive always been a dreamer]

Carolyn – you make some good legal arguments in your post. And much of what you say, I agree with. Speaking for myself, I never intended my post to imply that the judges ruling was legally wrong. I actually didn’t even read the ruling. My comment was directed more about our flawed legal system in general.

Of course, I wholeheartedly embrace the idea of equal justice under the law, but the problem is that it’s a very idealistic concept, and realistically there are many issues when putting this theory into practice. It is hard for anyone to convince me that wealth and power can't buy preferential treatment in our current justice system.

Equal justice for all only works when there is equal opportunity and treatment under the law for everyone. So I will have to stand by my comments. I don’t believe that a celebrity will always get the same treatment as I do when it comes to protection of privacy and I don’t believe that a young black man will always get the same justice as I in do in our legal system. And, yep, sadly, I guess you could say I'm jaded. :sigh:

[WalshFan88]

To me the judge was very much in the wrong here. To me he made a very wrong choice here. I disagree with his comment about celebrities.

Glenn deserved that special protection.

[WalshFan88]

https://www.yahoo.com/entertainment/widow-eagles-co-founder-glenn-170518501.html

I say - go Cindy.

They have no right to that information.

[sodascouts]

https://www.yahoo.com/entertainment/widow-eagles-co-founder-glenn-170518501.html

I say - go Cindy.

They have no right to that information.
Won't it help them more accurately estimate what he could have theoretically earned in a future tour, and thus help them come to a fair figure when reaching a settlement? Does she really expect them to just take her word for it when it comes to his potential earnings? My default position is to support her choices but I must admit, I am confused by this.

[CAinOH]

Won't it help them more accurately estimate what he could have theoretically earned in a future tour, and thus help them come to a fair figure when reaching a settlement? Does she really expect them to just take her word for it when it comes to his potential earnings? My default position is to support her choices but I must admit, I am confused by this.

Exactly, soda. Cindy is going to have to prove how much earnings were lost because of Glenn's death. The burden of proof is on her, otherwise she can pull a number out of the air.

From this article (https://www.alllaw.com/articles/nolo/personal-injury/survival-actions-vs-wrongful-death-claims.html) (yes, I realize this makes me a Google lawyer, and this article is a thinly-veiled advertisement):


In order to be awarded damages for loss of support, the family member must prove that the deceased supported him/her financially, and must prove the amount of the support. Minor children will receive loss of support through age 18 and generally for college if the child can prove that the deceased would have contributed to the child’s college education. A widow will receive loss of support until the deceased’s presumed retirement age (usually 65). A widower can receive loss of support if he can show that his deceased wife supported him. Parents or other relatives can also receive damages for loss of support if they can prove that the deceased supported them.

[Ive always been a dreamer]

Based on the previous conversation in this thread, the way I understand the issue is that Cindy has asked that if she produces the financial records that the court orders them sealed and not made public.

[WalshFan88]

Based on the previous conversation in this thread, the way I understand the issue is that Cindy has asked that if she produces the financial records that the court orders them sealed and not made public.

I think that is the issue - the chance of that info going public. It is none of our business, IMO. And it might only fuel those who didn't like Glenn or thought he was too greedy (Felder, for one) to say something about it.

I still say it's Cindy's right to decide who gets that information. And perhaps they do want to see it, but she should be able to set the terms on who gets to see it. I'm sure the doctor's lawyers would say they have a right to see it, but I side with Cindy. As far as their worry of her pulling a number out of the air - I don't think she would do that, and honestly I think she's entitled to the $ after what happened to Glenn. I do believe, after my research, that medical negligence lead to his death, or was at least a major factor. Their saying it was his choices and actions (like continuing to tour, etc) that caused it really, really bothers me. The whole "conduct" comment from the doctor bothers me even more.

[groupie2686]

Won't it help them more accurately estimate what he could have theoretically earned in a future tour, and thus help them come to a fair figure when reaching a settlement? Does she really expect them to just take her word for it when it comes to his potential earnings? My default position is to support her choices but I must admit, I am confused by this.

Her decision not to provide it confuses me as well. Basically they are saying that if she is claiming lost future earnings, they want proof of how much that would have been, likely for the purpose of reaching a settlement. It said she (or rather her lawyer) didn't give a reason for not providing the documents, so it really makes no sense to me.

[MacRL]

As Eagles manager, shouldn't Irving Azoff be the one to provide Eagles potential/future earnings details to the court. The Doctor isn't personally liable, his insurance company is.

[sodascouts]

Based on the previous conversation in this thread, the way I understand the issue is that Cindy has asked that if she produces the financial records that the court orders them sealed and not made public.

She asked, but her request was denied months ago.

Thus, she has to produce them without that guarantee.

The judge did say he would consider partially sealing documents on a case-by-case basis, but he can't make that decision until he sees them, and apparently she hasn't provided what's been requested.

If there is something in those documents that is so potentially damaging to the Freys that she would rather jeopardize this case than have the public see them, it must be something pretty dang bad! Shoot! What the heck could it be?? I respect the desire for privacy and I think the judge should have allowed her to keep the documents confidential, but that ship has sailed. Surely whatever it is can't be THAT bad!

[Pippinwhite]

After seeing this case go for a while, I have to say that my news nose doesn't like what it smells where Cindy's refusal to produce financial documents is concerned. After nearly a quarter of a century in a daily newspaper's newsroom, I have seen over and over again that when someone stonewalls like this, they're almost always hiding something. I know nothing of the family's financial circumstances, or Glenn's arrangements for the kids, or whatever. But I have a feeling (and that's all it is), the records would show something Cindy doesn't want a judge to see. And in a case like this, that almost always means if he did see it, he'd dismiss the case, or she'd be forced to settle for much less than she originally asked for.

Chronic, serious illness has been the cause of many an estrangement for married couples. If there was such an estrangement, then Glenn may well have left the majority of his estate to his children, and Cindy with an allowance, or some similar situation. Again: I don't know. And it may be that, if the judge saw such an arrangement was made while Glenn was well enough to do it, that he might decide to dismiss the case or something. I'm not casting aspersions on Cindy. I'm simply going on long experience with people who hide things like that. It's rarely good. And the smart money is on something that wouldn't reflect well on Cindy. It's just an opinion, and I'm no lawyer. And I know my opinion is less than worthless to the people involved in this situation. But there it is.

[LovinGlennGirl]

Just my opinion, but maybe she is trying to honor Glenn's privacy that the Eagles cherished and protected. I mean his illness was kept as private as possible as well. I can see where she would be torn between honoring Glenn's privacy, and trying to prove wrongful death. Can't be easy for her either way.

[FreyFollower]

I read in numerous sources that Glenn left everything to Cindy. Presumably partly to let her deal with the complicated issues of dispersal. I would go with privacy issues. But whatever said papers would reveal, it would have no bearing on the legitimacy of her case of how she feels they treated Glenn. And since this has to do with missed future earnings, they need to look at what the guys are making now, with Vegas, etc. All of the sudden, classic acts that remain seem to be doing much better than just a few years ago. But they still will need past records to complete the report.

Besides feeling it is not the public's business, I can't imagine what could be bad in a financial report. Questionable investments? More money than reported to the IRS? :shrug: I mean, wouldn't prior income tax filings give a close enough picture of his average earnings, anyway?

What about Glenn's (and the family's) "pain and suffering"? They would seem to be entitled to that if the doctor/hospital are found negligent, no matter what the potential earnings would be.:sad:

[CAinOH]

What about Glenn's (and the family's) "pain and suffering"? They would seem to be entitled to that if the doctor/hospital are found negligent, no matter what the potential earnings would be.:sad:

That's what is curious to me as well. Where is the "pain and suffering" request? The whole family should be entitled to this. My only thought (again, not a lawyer, just an observer) is that once this lawsuit is settled, there's a separate one for that (depending on the outcome of the first). But, that doesn't make sense to me, either. Usually a lawsuit settles the matter entirely (unless a completely different party is involved, but I would think the kids would be part of this one).

There's a piece missing from this whole thing that Cindy has, and she doesn't want to show her cards.

[groupie2686]

That's what is curious to me as well. Where is the "pain and suffering" request? The whole family should be entitled to this. My only thought (again, not a lawyer, just an observer) is that once this lawsuit is settled, there's a separate one for that (depending on the outcome of the first). But, that doesn't make sense to me, either. Usually a lawsuit settles the matter entirely (unless a completely different party is involved, but I would think the kids would be part of this one).

There's a piece missing from this whole thing that Cindy has, and she doesn't want to show her cards.

I believe she asked for pain and suffering as well. It would all be part of the same lawsuit. There must be more to this than we know; it makes logical sense that if she wants damages for lost profits, she should submit evidence of what that amount would have been.

[FreyFollower]

There must be more to this than we know

Yeah, that's what it all boils down to at this point. She has her reasons, is an intelligent woman, and wants things to be right.

[Glennsallnighter]

I've read through this and I've seen various discussions on Facebook about it too. Firstly as an irish citizen I am NOT familiar with much of the American justice system, although I imagine it works similar to most Western Justice systems.

I know that both the Eagles and the Frey family valued their privacy at all times, and that can be evidenced by the fact that they did not tend to expose their lives or their kids lives to the media and tried to give then as normal an upbringing as possible. Even when the Eagles were reuniting in 1994, Glenn :heart: was concerned about the effect fame would have on his young family. Again they were very quiet about Glenn :heart:'s illness and I think only went public when it became inevitable that he would not make the Kennedy Center Honors ceremony. If that had not been on the cards we might never have known a thing until his death. Therefore I can understand Cindy's desire to maintain as much privacy as she can while taking this lawsuit.

That said, if you are taking a lawsuit from which you hope to be furnished monetary compensation presumably there is a need to provide the court with at least SOME evidence of the income that has been lost in orfer to determine the value of an award - without this type of information how can a court Judge? I'm sure too that Glenn :heart: made some good and some bad investments in their lives. Thats normal!

So is it that there is something to hide, or is it just that Cindy doesn't want private family finances made public (again possibly her motivation is to protect their children in future years too)?

Hopefully she has a good and wise lawyer who will be able to guide her correctly in what she needs to do. I hope she does get satisfaction out of this lawsuit, whatever that means to her. She was the one closest to Glenn :heart: and most wronged by his death.

[Ive always been a dreamer]

Yeah - This is all a bit confusing. I didn't realize that the requests to seal the documents had already been litigated. So, with that in mind, I think it has to be some kind of tactical legal maneuvering by her legal team that we are unaware of. These kind of lawsuits can get very complicated, for sure, especially when the stakes are so high. As I said earlier, it seems to all boil down to who has the most money to hire the most-skilled lawyers.