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Old 26-07-2013, 08:05
i4u
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The Associated Press account of Day 56.

Jackson was acting "goofy" and was slow to respond to standard questions before a scheduled cosmetic surgery that was canceled after Fournier refused to administer an anesthetic, he said.

The incident came a few months after Fournier said he had to help Jackson breath while undergoing another procedure and later determined that Jackson had not disclosed a new medical condition.
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Old 26-07-2013, 08:39
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Interesting/coincidence?
Depends if the doctors were qualified in those areas I guess. Either that or it's indicative of malpractice and perhaps MJ's ability to sweet talk people into doing things for him. I'm sure $$$ helped too.
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Old 26-07-2013, 08:45
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Day 56 (The Prequel)

Prior to the jury entering the courtroom Brian Panish, attorney for the family expressed concerns about the next witness, nurse and anesthetist David Fournier who monitored procedures Jackson had from various doctors between 1992 -2003. The AEG lawyers want to introduce a conversation Dr. Fournier had with Dr. Arnie Klein which the family’s lawyers believe is hearsay and therefore should not be presented to the jury.

Kathryn Cahan for AEG told the judge, Fournier was performing anesthesia on Jackson, a situation. Dr. Klein allegedly told Fournier, 'Oh, he has a Narcan implant,' who then directs Fournier how to treat Jackson. Panish for the family said this was in 2003, he claims it's character evidence, that Jackson never disclosed it to the nurse, he also claims it to be hearsay.

The Judge asked both sides to research if the conversation would be considered an exception to the hearsay rule. Jessica Stebbins Bina for AEG said Fournier didn't know what to do, he asked the doctor and changed the treatment. She said Jackson admitted he had an implant after. Cahan added Fournier administered anesthesia, Jackson stopped breathing for 5 minutes, Fournier had to breath for him. That continued until he realizes there's a reaction to Narcan implant.

Brian Panish asked what is the relevance, said defendants are trying to introduce character evidence, which has nothing to do with this case.

Cahan said the relevance is that Fournier asked Jackson about changes from prior treatment. Jackson knew he had a Narcan implant and chose not to disclose it. He stopped breathing for 5 minutes in the middle of the procedure. It goes to the issues of life expectancy, addiction issue, concealment of drug use.

The Judge rules the conversation is hearsay, defendants not allowed to use it.
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Old 26-07-2013, 10:53
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Brian Panish asked what is the relevance, said defendants are trying to introduce character evidence, which has nothing to do with this case.

Surely that's what the Plaintiffs have been doing with Katherine Jackson and various other witnesses. All this "Michael was a wonderful person who loved his children, visited hospitals...etc" is irrelevant to the case - which basically revolves around whether AEG have some responsibility for MJ's death and should pay compensation.
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Old 26-07-2013, 12:43
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Did this clip of MJ on the phone recorded by Murray get mentioned yet?

http://www.youtube.com/watch?v=52Y4gHAKnP4

Theres so many updates and links it's hard to tell.
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Old 26-07-2013, 17:41
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Day 56 Jacksons vs AEG extracted from ABC7 Court News tweets.

So we know something the jury can't be told.

Katherine Jackson is present in the courtroom.

Kathryn Cahan for AEG did direct examination of David Fournier, who says he's terrified of testifying today, he's testified twice before. He is a Certified registered nurse anesthetist, trained in the specialty of anesthesia. He did Bachelor Degree in Nursing and Master's Degree in Anesthesia. There's a number of hours of continuing education needed to maintain license. Nurse anesthetist goes to nursing school, then same training as doctor Fournier graduated in 1984 from UCLA, has been practicing continuously since that time. He's self-employed, works at outpatient surgery in Beverly Hills; works with plastic, reconstructive, orthopedics, gynecological surgeries

Fournier said he got a call in 1992 from a dermatologist's office, asked him to come by, stand by, didn't tell him who the client was. Doctor had a concern there might be anaphylactic reaction to inoculations. He initially refused, saying I don't do that, doctor was very insistent, offered him cash upfront. "He said it was really important for me to go, since it was Michael Jackson," Fournier recalled. Fournier said the doctor was very concerned, didn't want anything to go wrong. Airway management is one of his skills, Fournier said.

Three to six months later in Jan 1993, Fournier was called back to treat Jackson, the last time he treated Michael was in 2003. Fournier said he does not have all the records of his treatment to Michael Jackson, but has some. He believes the standard is 7 years before a physician destroys a patient's record. Some of the times he did not give Jackson medication, just observed him. Fournier estimates he treated Jackson 30-35 times, anesthesia perhaps 25 times.

The jury was shown a medical history form and anesthetic consent. Date 19 Jan 2000 Weight: 130lbs. Michael had a number of aliases, Omar Arnold was one of them. Jackson said he weighed 130lbs, Fournier said he probably accepted Jackson's representation. Fournier said weight gives a very rough estimate where to start the dosage. Fournier thought Jackson weighed between 130 and 140 pounds during the 10 years he treated him. Fournier testified Jackson did not really have a good appetite. One time Jackson was asked why he was down to 130lbs, he told Fournier he had been on tour, dancing. The doctor was not concerned about Jackson’s weight as he was lean, muscular and in good shape.

Fournier said he always took Jackson's medical history prior to procedures. The nurse worked on Jackson at the following procedures: scalp reduction for burn he suffered, abscessed tooth, root canal, extensive tattooing on his lips, eyes, brown area, Botox, collagen and filler injections. When it came to Botox or fillers Jackson was special instead of 5 or 6 injections that people normally get, he would get 50-100. He had 100s of injections around the eye, various parts of his face, needed to be sedated to tolerate pain.

Fournier has been using Propofol since 1990. It's appropriate to use the drug mostly in operating room and/or controlled setting. He gave a long list of equipment required for the safe use of Propofol. Fournier said to keep patient sedated you also need computerizing infusion. It's a more controlled way to administer drugs rather than drip. He said monitoring the patient is a full time job. All the equipment needed is very expensive, Fournier had about $70,000 invested in his operating room. If the drug is not in proper hands, administered with proper monitoring, it's dangerous, Fournier explained. Fournier said Propofol half life is 2-8 minutes. It metabolizes relatively quickly, patients wake up feeling well, there's anti-nausea in it. The nurse said Propofol burns if not given correctly, can cause hypertension.

11 Apr 2002: Omar Arnold Weight: 132 lbs Dr. Koplin Multiple collagen injections Additional drugs given -- Propofol 140 mg

Cahan said she counted 14 different occasions where Fournier administered Propofol to Jackson. Fournier has records for 2000, 2002 and 2003 only. Fournier believes he gave Jackson Propofol in 2001, but does not have records. He said he did not administer anesthetics after September 2003.
Fournier said Jackson was very warm, likable guy and they became friends. Jackson never told him he was using Propofol to help sleep. Fournier said he never used Propofol to treat a patient for insomnia.
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Old 26-07-2013, 19:58
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Day 56 (Part 2)

The nurse cannot perform any procedure without a doctor present. Doctors Jackson saw: - Dr. Arnold Klein (dermatologist), Dr. Stephen Hoefflin (plastic surgery, Dr. Allan Metzger (internist), Dr. Lawrence Koplin (plastic surgery), Dr. Edward "Lee" Baxley (dentist), Dr. Leslie Levine (dentist), Dr. Lee Bosley (hair restoration), Dr. Gary Tearston (plastic reconstructive surgery)

14 Nov 2000 Weight: 130lbs Mentions Versed, 5 mg Very high tolerance noted Vitals stable
Versed is a benzodiazepine, same as Valium, Fournier explained.

"He was taking a little bit more than I'd anticipate to keep him comfortable," Fournier said.
Fournier's normal starting dose is 1 mg of Versed. This was a dental procedure.

13 May 2003 -- weight 135lbs difficult IV place, difficult monitoring anesthesia, high tolerance of medication

Fournier said it required multiple attempts some times to get an IV line in Jackson. Fournier explained that sometimes he would have to start IV on small veins on Jackson on the top of his finger or surface of the arm.

Jackson was very concerned about his privacy, Fournier said. Jackson would have procedures done in the evening, came in the back door, bodyguards used umbrella to shield him. Jackson used aliases, before he left they looked outside to see if paparazzi were not there. Other aliases used: Michael James, Jack James. Towards the end of their working relationship Fournier didn't think Jackson was being truthful with him.

02 Jun 2003 Problems: Denies any medical or medication changes. Three days ago slurred speech, heard on the phone

Fournier said 3 days before the procedure it was his birthday and Jackson called to wish happy birthday. "His speech was slurred," the nurse said. Fournier testified Michael told him he was tired, or might've taken something to sleep. "He was more than tired, he was slurring the words," Fournier said. Fournier said he quizzed Jackson about the slurred speech, if he was using recreational drugs. He denied it, said he was not using anything.

02 Jun 03 Dr. Klein Multiple derm procedures Weight: 140lbs

At some point Jackson had an unusual reaction, and Fournier controlled his ventilation for couple of minutes, it happened again, lightened him up, assisted one more time with his breathing. Fournier said Dr. Klein told him something during the procedure and that they spoke after about it. Jackson did not tell Fournier about any recent changes in his medication, according to Fournier's chart. Fournier’s impression was that Jackson had not been truthful, denying any change of medication.

Three months later Fournier treated Jackson for the last time, he came to surgery center. He was a little goofy, a little slow to respond, he was acting inappropriate. Jackson denied any changes in medication, Fournier didn't believe him, we cancelled the procedure. Fournier believes the procedure was with Dr. Klein and another doctor to do facial work. Fournier said he felt uncomfortable.

Judge: Was Dr. Klein there?
Fournier: Yes.
Judge: And he didn't stop the procedure?
Fournier: Michael came in and I made the decision.


Fournier explained what happened to their relationship. Despite 10 years of quality of care, and taking good care of him, Jackson never called him back.

Fournier said that post-operatively they want patients to go home with an adult to keep an eye on them for 24 hours. "I told him to go home and instead of going home he went to rehearse," Fournier said. Fournier said he tells patients after anesthesia to resume diet slowly, told Jackson to go home, have crackers, soup. But he said he happened to drive by Kentucky Fried Chicken, stopped, tapped at the window and saw Jackson eating a bucket of chicken and some biscuits. "He was embarrassed," Fournier said.

Fournier said Jackson became a patient in 1992-93. He said in 1993 Jackson announced he was addicted to prescription medication. Every time they met, Fournier said they talked about the medications he was taking. Fournier administered opioid/painkillers Fentanyl, Demerol, Dilaudid in connection with procedures. They are controlled substances to relieve pain. Fournier said. Jackson said he did not like Demerol one time, asked for it not to be used.

Fournier’s understanding was that the last time Jackson had a problem (with Demerol) was in 1993. Jackson never said he had procedure to block the effect of opiods. Never discussed Naltrexone with Fournier.

Subsequent to the procedure where Jackson stopped breathing they had a conversatation about the Narcan implant. Jackson said he had one but it was out, that he was clean and didn't need one, That was late August/September in 2003, probably pre-op call before a procedure. Fournier said he had become aware of Narcan implant had been used for his care so I asked him about that. The procedure moved forward next day, Jackson did great.

Fournier said he was sometimes paid for his work, but sometimes it took up to a year to receive payment for care to Michael Jackson. Fournier said he ran into Jackson in 2005 at the waiting room of a doctor's office.
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Old 26-07-2013, 21:42
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Day 56 (Part 3)

Michael Koskoff for the family did cross examination. He wanted to talk about the thing that really got the nurse angry at Jackson. "I wasn't angry," Fournier said. Koskoff recalled the day Jackson called Fournier to wish him happy birthday. Fournier said he knew Jackson had a problem sleeping.
Fournier inquired of Michael, had there been any change in medication since last time he saw him, to which Jackson said there were no changes.Koskoff asked, ”Something happened at that point to make you believe Michael had misrepresented that he didn't change his medications? Fournier said, ”I believe he denied all medications.”

Fournier said the problem happened after that discussion, 2 Jun 2003 was the date Jackson had an apnea episode. Fournier was upset about that, because he thought Jackson had misrepresented he didn't change his medications. Koskoff then asked, “ Would you be willing to apologise to Mrs. Jackson for saying her son was lying to you?” An objection as being, irrelevant was sustained.

Koskoff asked,” You have no knowledge whether the Narcan implant had anything to do with the reaction in June?” Fournier replied, “No”. Fournier said he never heard of Narcan as an implant, had never seen one. "I was told by two of his physicians there was one," Fournier said. He spoke with doctors Klein and Metzger about it.

If Dr. Farshchian said it was Naltrexone implant and he thought it was the same as Narcan, it would be a mistake. They are two different drugs. Dr. Klein told Fournier Jackson had a Narcan implant, he went home, researched it and could not find anything on it. "I know the effects of Narcan," Fournier said. It can cause cardiac arrest, tachycardia, defibrillation. Fournier is not used to Naltrexone, but said it's also an opioid inhibitor. In anesthesia it would have the same effect of this kinds of drugs, antagonist opioid effect and it's dose-dependent.

Fournier said Jackson never told him he was allergic to Demerol, Jackson said he didn't like it. In the medical record, Fournier wrote allergy to Demerol. He said it was a code to himself to not give MJ that drug. Asked if he used any opiates 0n 2 Jun 2003, Fournier replied, Yes, Remifentanil. The same drug was used in May 2003, high dose, developed tolerance Propofol -- 240 mg.

Medical record from May 13, 2003: Height: 72 inches (6 feet) Weight: 140lbs Allergy: Demerol Medications: Denied. Fournier agreed if it is assumed Jackson was implanted in April 2003, at this time he had it on. Koskoff asked if Fournier knows what caused the reaction on 2 Jun 2003.
"I have a suspicion of what causes it," Fournier said. "Very strong suspicion."

For painful injections Fournier held the hand of Jackson. The doctors appreciated someone monitoring Jackson, he was very important, at the peak of his career, and Michael was paying me. Jackson never chose the drugs he administered, never asked for more. Fournier did not see drug-seeking behaviour, he didn’t feel Jackson was doctor shopping. All the doctors treating Jackson were top notch physicians, Dr. Klein was quick to tell him he was a pioneer of Bottox and no one could do better than him. Fournier said he never felt Jackson had anesthesia inappropriately. During the time he treated him Jackson physically looked well. Fournier said Jackson was very thin and frail in pictures he saw of him in 2009.

Fournier agreed a fit and competent doctor would not give Propofol at home. Fournier said he uses Demerol in a limited basis, it was popular in the '70s. It's a drug used for pain, analgesic, opioid.
Fournier said Jackson was a good patient, but he did not follow post-operative recommendations. He expected his clients and doctors to be honest with him, he was angry at Dr. Klein and Michael, he was angry at anyone who knew about it and didn't tell him.

Fournier said it's a small community (of anesthesiologists) and everyone talks to everybody about who they are treating. Koskoff said there are 200-300 people in the anesthesia community, if Jackson was concerned that an anesthetist was talking about him having Narcan for drug addiction, would that be a valid concern? Fournier said he didn't understand the question, he talked to other people treating Jackson, that's taking care of patient. It's not chattering. Fournier said it's usual for physicians to look at charts to see what kind of treatment was done before and the response he had.

Cahan, in re-direct, asked if 300mg of Demerol in single intramuscular is a lot. "That's a tremendous amount, if you gave it to me I would probably stop breathing," Fournier said. Fournier said hiding information from person who's going to take care of you can lead to untoward event. Fournier was asked to assume beginning in Nov 2002 to July 2003 Jackson had 5 Naltrexone implants. The nurse said on all the times in April, May and June 2003, Michael denied taking any medication. Three times in 2003 Jackson did not disclose he had a Naltroxene implant, "He was not telling me the truth," Fournier said. Fournier said that after he cancelled the surgery, Jackson never called him again on his birthday and never used his service anymore.

Koskoff asked Fournier if he knows whether Dr. Farshchian told Jackson the implant had medication in it. He said he doesn't know. Koskoff suggested if Jackson didn't say anything about the implant, it could be because he didn't know it was a medication. Fournier said, “I'm going to assume if he's having a surgical procedure to implant something he would know what that is for.”

Dr. Klein apologized afterwards for not telling Fournier about the implant. "Some burn patients get hundreds of anesthesia," Fournier said, and Michael was a burn patient. "I knew he was in the hospital in 1994 after the burn, yes," Fournier said.

Witness was excused. Trial adjourned for the day.
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Old 27-07-2013, 06:21
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Day 57 report from ABC7. Entertainment consultant says Jackson had a short life expectancy...

Eric Briggs, a consultant who projects risks for entertainment media, testified that Jackson's life expectancy was very short and that the use of meds affected his long-term health. He said Jackson was taking drugs in very dangerous ways.

About the plaintiffs' projections of $1 billion from a 260-concert global tour, Briggs said with Jackson's history of concert cancellations, it wasn't likely he would complete 50 concerts.
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Old 27-07-2013, 12:31
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no surprise to me. she's either completely out of touch or lying and blaming it on memory, or a mix of both. i think she's shot herself in the foot really.

in saying that, a lot of peoples mothers would have no idea what their kids get up to if they do things they don't want spread about. of course the difference is he is famous, but an old woman might not trawl around the internet, and friends and family might not be willing to tell others bad things about what their kids get up to - famous or not

the bit about wikipedia saying shows were sold out when they only sold half. they did the same thing with ALL the this is it shows, said they were sold out when they only sold half the tickets, then announced the managed to make more space, and put the other half onsale
Given how long I had to wait to get my damn ticket on TicketMaster (probably close to 90 minutes to 2 hours or something) I just find that crazy
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Old 27-07-2013, 16:20
johartuk
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Given how long I had to wait to get my damn ticket on TicketMaster (probably close to 90 minutes to 2 hours or something) I just find that crazy
Not really, considering that everyone who wanted tickets will have picked up the phone/gone online to try to get tickets as soon as booking opened and kept trying until they got through.
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Old 27-07-2013, 21:10
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Given how long I had to wait to get my damn ticket on TicketMaster (probably close to 90 minutes to 2 hours or something) I just find that crazy
that's entertainment...
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Old 27-07-2013, 21:37
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Day 57, Doctor & Friend gives evidence...

In a video played for jurors Friday, a Santa Barbara County doctor said the pop singer once told him he wanted to stop using pain medication because “I don’t want to end up like my father-in-law” Elvis Presley.

Dr. Scott Saunders said he treated Jackson from 1998 through 2003, his first contact coming when the singer asked if he made house calls. Saunders said he visited Jackson at Neverland Ranch and treated him for an upper respiratory infection.
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Old 27-07-2013, 23:19
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Not really, considering that everyone who wanted tickets will have picked up the phone/gone online to try to get tickets as soon as booking opened and kept trying until they got through.
I was referring to the fact that they only sold half the tickets when you had a demand like that
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Old 28-07-2013, 00:12
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I was referring to the fact that they only sold half the tickets when you had a demand like that
My point was that it would have seemed as if there was huge demand because phonelines were jammed/websites were crashing, but that would have been due to an initial rush of people trying to get through at once and overwhelming the phonelines/website.
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Old 28-07-2013, 06:59
unique
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I was referring to the fact that they only sold half the tickets when you had a demand like that
what demand? no-one knew how big the demand was. you certainly can't tell how big a demand is as an individual and the time it takes to buy a ticket. what method were you using to buy? phone lines would be busy, computer systems can have problems which can affect both online and phone sales.

that's what the promoters choose to do to try and create demand by making the tickets seem more exclusive and harder to get. you can read the rest of the thread to see some of the other questionable practices in the business. it's a dog eat dog world where people look out for no-one but themselves and will lie and cheat about anything to make a buck. most people are just oblivious to it

the sell out trick is as old as the hills. i now people who opened venues, advertising the opening night and then when people turned up the security turned them away saying the venue was already full and they couldn't get in, and they should come back earlier the next time. word got round and the first day they let people in there was a line all down the street with people wanting to get in and not miss out

likewise if i had a pound for every time the "sold out" trick was done. you say something is sold out a few days before the event, then announce a few extra tickets have been made available, and people rush to buy them. what the promoters did was just a take on this. they get not one but 2 separate days to say tickets are sold out. i don't know how many "sold out" gigs i've been to where there have been loads of unused seats noticable, and the old tarpaulin over seating blocks trick is a pretty obvious sign - that was even mentioned in regards to a MJ show that is listed as sold out on wiki. it happens all the time
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Old 28-07-2013, 09:12
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i4u thank you so much.

I don't post but follow it closely.
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Old 28-07-2013, 14:08
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Day 57 Fri 26 Jul – Jacksons vs AEG. Extracted from tweets by ABC7 Court News.

Today began with a video deposition by Dr. Scott Saunders, Attorney Adam Hunt for AEG did the questioning. Dr. Scott Saunders attended medical school at UCLA. Currently, Dr. Saunders works at Buellton Medical Center with Dr. Barnie Van Valin. There's also Dr. Debra Weinstein, who worked at Santa Inez Valley Cottage Hospital. Dr. Saunders writes a blog entitled "The Love Triangle." Published on Saturday, Sept. 10, 2011: "I had a friend, Michael Jackson, who was very lonely because he didn't love. There were very few people he could trust and love."

Talking about how they became friends Dr. Saunders said Jackson invited him to his ranch. He didn't remember when but it was less than 15 years ago. He doesn’t recall when Jackson went to see him. Dr. Saunders worked at the Buellton Medical Center from 1998 to 2003, saw Jackson within that time.

Dr. Saunders received a phone call from a woman who declined to identify herself and asked if he would be willing to make a house call. "And I said yes and she gave me the address," the doctor said. The doctor treated Jackson for an upper respiratory infection. Dr. Suanders described driving to Neverland, there was a kiosk at the entrance of the house, he pushed the button, followed a car to a house. Someone let him in, he waited at the entrance for about half an hour. Someone, a man, came when the doctor was ready to leave.

The man took Dr. Saunders in to a bedroom. Dr. Saunders did not recognize the man on the bed, the room was dark. There was a guy lying on the bed, he said 'I am Michael Jackson.' The doctor said nice to meet you, Mr. Jackson, and he said 'I'm sick.' There was a keypad that the man pushed a series of buttons and the door opened, the doctor testified.

Dr. Saunders works with Dr. Van Valin, but has not spoken to him about Jackson's treatment. He saw Jackson and Dr. Van Valin together. "We were all at a gathering at Jackson's ranch, we watched a movie in his theater," Dr. Saunders said.

Dr. Saunders treated Jackson other times, around 10 times, probably less than 25 times. Dr. Saunders could only remember treating Jackson for pain, he gave Jackson pain medication, he doesn't recall which drugs. The doctor doesn’t recall giving Jackson Demerol, he recalls using buprenorphine (buprenex) in injectable form. It is in the same class as an opiate medication.

Jackson told Dr. Saunders he had received other opiate medications from others. Jackson told the doctor he wanted to get off pain medications. According to the doctor Jackson said he didn't want to end up like his father-in-law, Elvis Presley. Dr. Saunders said he gave Jackson buprenorphine because it is an opiate agonist-antagonist, used to treat pain but tends to be less addictive. Jackson specifically asked for buprenorphine. Dr. Saunders told the court people who take pain medications know what works for them. Jackson never told the doctor about getting an implant to help address his addiction to pain medication. Dr Saunders said he never heard the name Dr. Fashchian and that Jackson never told him about any other doctor going to Neverland and treating him

The doctor said he had been to the ER with the artist, at Santa Inez Cottage Hospital. He doesn't recall when. Jackson had called he had fallen possibly on the stairs and had a foot problem, the doctor went to see him, evaluated him, it appeared swollen, the doctor recommended a X-ray, took him in my car. Dr. Saunders helped Jackson into the emergency room because Jackson was having trouble walking. Dr. Saunders testified he believed he didn’t stay, probably went home, he doesn't recall if he gave any pain medication to Jackson before going to the ER.

Dr. Saunders said he was friends with Michael Jackson. They talked about everything. "He was rather lonely and didn't have anyone he could trust," Dr. Saunders said. "He would call me and I would go over. Sometimes we would drive around the ranch in his Navigator and talk, would sit at the video library and talk, or in an office. And sometimes I'd be saying 'you know I really got to go home to my family' and 'No, no Saunders, just stay a little while'. He said he had a very difficult childhood, because he was never allowed to be a child.” Jackson never talked about his father, Joe Jackson, and how he treated him.

Jackson went to Dr. Saunders house in Solvang, met his wife and children. "He just showed up," Dr. Saunders said. "The driver took him there, he knocked on the door." One time Jackson's kids were present and they wanted to go outside in the sandbox. Dr. Saunders said this was the same time he saw Jackson socially. The doctor said he doesn't know anything Jackson did to protect his medical privacy. The only two medications Dr. Saunders knew Jackson was on where Demerol and Morphine.
Dr. Saunders thinks he gave him oral pain medication, doesn't know which, Vicodin type of thing. Jackson wanted to get off of Demerol, "He asked to use beprenorphine instead."

Jackson sent a box to the doctor’s house for Xmas, the presents were for the family. He thinks his children got a PS2, whatever else he could not recall. "He left a popcorn popper, like the ones at carnivals, on the stand," Dr. Saunders said, he sold it at a garage sale. Dr. Saunders said he doesn't know if Jackson's attempt to quit Demerol was successful. The doctor never went with him outside California. "One time he was telling me about going to Las Vegas, how much he liked Las Vegas, buying things," Dr. Saunders testified. "He would go to the stores and say I want that, and that, antiques. He was really into antiques," Dr. Saunders recalled. The house full of everything including antiques.

Dr. Saunders testified he never asked for compensation for treating Jackson, he would pay cash because he didn't have no credit, no checks, no bank account. Asked how he knew this, Dr. Saunders said Jackson told him, “I said I'd send bill he said you can't, I don't have any checks or credit cards or anything.”
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Old 28-07-2013, 15:39
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Day 57 Fri 26 Jul

Dr. Scott Saunders video deposition continued.

(It would appear Dr. Debra Weinstein worked in the emergency department at Santa Ynez Valley Cottage Hospital)

Medical record from 24 Feb 24 2001 from Santa Ynez Valley Cottage Hospital saying male who fell down the stairs a couple of days ago.

Emergency Department Course: "Given his inability to take oral pain medication without extreme nausea... we have worked out with Dr. Saunders to dispense Demerol and Phenergan IM with some needles and syringes. I have specifically stated a medical care professional, a physician or nurse, must administer this medication should he need it. He is well aware of this, and in fact, Dr. Saunders has agreed to go by the home to administer the medication if needed…..We have dispensed the Demerol and Phenergan IM with needles and syringes. He is well aware that a physician or nurse must administer this and he will be calling Dr. Saunders tonight.

Disposition: Discharged to home. Follow up with Dr. Saunders some time next week."
Dr Saunders said this medical record did not refresh his recollection and doesn't recall anything about it and/or speaking with Dr (Debra) Weinstein. The document states, "his primary care physician is Scott Saunders." The doctor said he thinks it's because he brought Jackson there. The doctor explained the ER doctors treat the initial emergency and then send the patient to their doctor for follow up.

Medical record from 25 Feb 2001 -- Emergency Department Report "History of Present Illness: This is a 30-something-year-old gentleman who has been here twice before, actually, earlier this evening although it is now the next day, but he has been seen twice. He has an avulsion of the proximal navicular of the foot and has required copious amounts of pain medication, who returns again in severe pain, no further trauma, no paresthesias and states that the Demerol which we gave on him last visit has worn off and he feels the pain escalating."

Private Physician: Currently Dr. Scott Saunders Allergies: None
Jackson testified he had never before heard of Jackson requiring copious amounts of pain medication . Dr. Saunders said he's listed as primary doctor because he brought Jackson to ER or because the patient said 'this is my doctor.' Dr. Saunders said he never determined the underlying cause of Jackson’s addiction to painkillers and that Jackson never told him anything about it.

Medical report from 26 Feb 2001: History of Present Illness: The patient is here because he had a fractured cuboid on his right foot. He has been seen multiple times for pain medication injections. He receives Demerol 200mg and 50mg of Vistaril each time. Today, he was casted by Dr. Scott Saunders and is feeling somewhat better but is having some pain in his foot. At this point, it feels better in the cast. The patient is a 41-year-old black male who was brought in by Dr. Scott Saunders from the patient's home.

Prior to his arrival, Dr. Saunders had called me saying the patient had an injection of Demerol 200mg and Phenergan 50mg which he has had on a number of occasions in the past and did well. Dr. Saunders had told me upon arrival to the emergency room that he obtained further information that the patient had another pain injection at sometime prior to Dr. Saunders' arrival that Dr. Saunders was not aware of. The patient only told him this after his reaction had occurred."
Dr. Saunders doesn’t know if Jackson was ever able to stop taking large amounts of Demerol or if Jackson continued to receive Demerol injections after he stopped treating him in 2003.

The doctor doesn't have any idea who the other doctor was that gave Jackson injection of pain medication on the same day. He was asked if it bothered him that Jackson got or may have obtained a shot of Demerol by another physician without telling him. Dr Saunders replied, ‘Generally yes, that's a bothersome thing. Because the potential reaction or problems associated with Demerol are dose dependent. So as you increase the dose, the potential for doing harm is increased. So if I am going out to give Demerol injection because of his broken foot, and meanwhile, some other doctor's going out there and giving him Demerol injections and it's too much too close together, he could have a bad reaction.’

Medical record: "He has a med-alert bracelet saying he is allergic to Demerol."
Dr. Saunders said you wear med-alert if there's some reason you're likely to be found unconscious and not able to tell your allergies. He testified a high dosage of Demerol cause unconsciousness.
Medical record: "When questioned, he says he had has Demerol many times in the past. Indeed, I administered Demerol to him at one time. He tells me this because he does not want to be 'given too much Demerol.' He has no specific reaction to Demerol itself. He tells me he has also tolerated Phenergan on numerous occasions in the past without difficulty."

That concluded his testimony.
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Old 28-07-2013, 16:22
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i4u thank you so much.

I don't post but follow it closely.
Deciphering the tweets can be awkward, it's not always clear which event or incident is being referred to, This Week I thought it important to reproduce as possible of Katherine Jackson's testimony and the subsequent evidence of those who medically treated Michael Jackson.
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Old 28-07-2013, 17:30
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Would I be right in thinking Dr. Scott Saunders was rather sketchy about his treatment of Michael Jackson, he couldn't recall this or that, went home leaving Jackson at the hospital.

But, the hospital notes give a different impression?

With the number of doctors Jackson had how come he's regularly adding another one to his list?
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Old 28-07-2013, 18:26
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Day 57 Fri 26 Jul (Part 3)

AEG’s next witness was Eric Briggs, who was asked to assess the projections of Arthur Erk, plaintiffs' retained expert. Briggs is senior management director at FTI Consulting and professor at USC Marshall School of Business. Briggs said he gets hired by film producers, production companies, record labels, banks and private equity that invest money. Has worked on over 1100 engagements, 300 of those related to the music industry, like Rod Stewart, Bruno Mars, 50 Cent, Usher.

Briggs told Sabrina Strong attorney for AEG that some of his predictions have been inaccurate. "I don't have a crystal ball," he said. He has been doing forecasts in the entertainment business for 15 years. FTI Consulting has about 4,000 employees worldwide. Briggs is charging $800 an hour, he has spent approximately 350 hours ($280,000). Briggs has a team working on this matter, roughly 500-600 hours. Personnel on the team charge between $300-$800 per hour.

Strong showed exhibit with Erk's Opinions: - Tour - Merchandise - Endorsement/Sponsorship - Las Vegas show – Movies. Briggs said he analysed the first four opinions by Erk, since Erk didn't project earnings for movies. Briggs overarching opinion on topics: 1 - It's speculative whether these projects would have occurred, 2 - The numbers projected are speculative, Briggs did not analyse Mr. Erk's consumption numbers. "My understanding is that damages cannot be speculative and I didn't want to prepare a speculative," Briggs said.

Jackson had a prolific career which resulted in a catalogue that results in a lot of money every year. Briggs did not analyse that. He said he looked at income Jackson would've generated for performing, going on tour. "My opinion relates to opinion MJ would have generated by working," Briggs said.

"As of the date of death, there was no agreement that AEG or Jackson would go beyond 50 shows," Briggs said. He went on, “Jackson had a significant history of drug use, and this was significant to render my opinion. There's significant testimony on the record from four medical doctors in this case regarding Jackson's drug use. As part of my job, I'm asked to analyse all sorts of things, including drug use for someone who needs to perform. It's all about the same thing: the risks.”

"My conclusion, based on the evidence presented, Jackson's life expectancy was very short as of June 2009," Briggs said. "Jackson was taking drugs in very dangerous ways, had history of taking drugs that had a long lasting impact on his health," he opined. Jackson had a unique history of great performance but cancellations, particularly in cases where they were practically certain to happen. The expert said Jackson cancelled a number of dates on Dangerous tour to enter rehab, cancelled HBO special in 1995. Also, the Millennium concert didn't take place and the Two Seas arrangement where nothing came of it.

Briggs told the court, "The world tour depends on the completion of the 50 tours, there's always a risk of whether the audience will perform and whether the artist will show up." He said Guns N Roses, U2, Lady Gaga, Van Halen -- all cancelled shows that were pretty certain to happen. Those aspects helped shape Briggs opinion that Erk's projections were speculative. "The four additional tours are also entirely speculative," Briggs said. They were based on Erk's personal opinion.

Briggs testified, “Jackson had agreed to do 50 shows when he died and was actively engaged in rehearsals. My opinion is that it's speculative whether the 50 shows would have been completed, there was a significant health risk in place and the length of the tour exceeded 9 months.”

The Judge then adjourned the trial until Monday.
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Old 28-07-2013, 20:49
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It looks like Katherine Jackson's claim her son was not an addict has been kicked into touch by medics who were treating him? Will Debbie Rowe put the boot into Arnie Klein when she gives evidence or will she hold back to maintain contact with Paris?

One thing lacking from Katherine's emotional story of the Jackson's was Joe, he seemed like a bit player.

As for Arthur Erks projections of Jackson's future lost income, that looks like it's been cut to shreds?

Out of sympathy for Katherine & the children will the jury decide to find AEG guilty of hiring Murray so grandma & the children can be compensated?
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Old 30-07-2013, 07:09
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Day 58 short report by ABC7

AEG's entertainment industry expert, Eric Briggs, was back on the witness Monday. Briggs says Jackson may have sold out 50 concerts in London

But he says commercial sponsors were less than enthusiastic to the idea of having Jackson endorse any of their products.
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Old 30-07-2013, 12:50
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Day 58 29 Jul 2013 – Jacksons vs AEG Extracted from ABC7 Court News tweets.

Expert witness for AEG Eric Briggs continued to be questioned by AEG’s attorney Sabrina Strong.

Eric Briggs repeated what he said on Friday that Arthur Erk’s projections regarding Michael Jackson’s future earnings were speculative. That there was only an agreement for 50 shows but due to Jackson’s drug use and history of cancelled shows they were unlikely to have been completed. The projected World Tour was dependent on the 50 shows being complted.

Going into details Briggs said Erk’s projection for 260 shows was unprecedented for gross ticket sales and revenue perspective. The highest grossing tour ever is U2 ‘360 Show’, which generated $736 million in ticket sales and merchandise. Second - Rolling Stones: $558m, third - AC/DC: $441m and fourth - Madonna: $408m. Briggs said what's actually received by the artist is much smaller that the gross number and it is based on the expenses of the tour. If the production is expensive, Briggs said the net to AC/DC members could be higher than the net to U2 members, even though U2 grossed more.

Jackson's Highest Grossing Tours: HISTORY generated $165m for 82 dates in 1996-97 BAD generated $126m for 120 shows. The Dangerous tour was not included because it was not reflected in the list of highest grossing tours of all times, Dangerous tour was cut short because Jackson entered rehab.
AEG predicted gross ticket sales of between $94m and $107m, Erk projected $1.65 billion for 260 shows tour. "Clearly this is in excess of anything we've ever seen in the history around the world," Briggs opined. Briggs said Mr. Erk was projecting $900 million to be paid to Jackson as net, based on the record, this amount was nowhere near what Jackson had brought home in the past, Briggs testified.

Briggs said Paul Gongaware testified Jackson's Dangerous tour lost money. He also testified HIStory tour was a break even. Net is the value of tickets and merchandising minus all the costs to put on the show, Briggs explained. Regarding the HIStory tour, Briggs said, based on Gongaware's testimony, there must have been costs that made the tour break even. "What's implied is that Jackson did not generate any significant net from this tour," Briggs said. Briggs testified that AEG's budget shows that Jackson, if he completed all 50 show shows, would've taken home between $22 and $31 million. This amount included tickets and merchandising, but not endorsement, Briggs said.

AEG Live had taken steps to secure endorsement and sponsorship but as of June 2009 none was in place. Erk projected Jackson would net $890 million from a 260 world tour shows between tickets, merchandising, endorsements and sponsorship. The highest grossing tour of all times was U2's 360, Briggs said, which was $736 million. Erk's projection for Jackson to net was way above that. "It's completely out of line of with history, with Jackson's own history and history of all other tours," Briggs opined.

Briggs explained the industry uses a "Q" score data, which draws the likability of a celebrity or persona. Briggs said there are two major types of factors that companies take into consideration to select artist to endorse: 1- history in securing endorsement, relationship with previous sponsors. 2- how predictable the artist is, how stable his/her actions are. "Companies are looking for safe bets," Briggs said. "They don't want to take big risks with their products." The tour gross relates to people being interested in seeing someone perform. Jackson was a great performer. But there's a difference between excellence as performance on stage and whether the company wants to align itself with performer, Briggs said.

Briggs received two sets of data: Jackson likability & Jackson comparative group (Bruce Springsteen, Elton John, Justin Timberlake). Briggs said the questions are about the person's impression of the artist, with normally 3-5 choices for answer. The questions are not as much if a person would buy a product, but their impression of the artist, Briggs explained. Briggs said it's useful to look at comparison with other artists, how they stack up against others that are similar to the artist in question. Briggs said there's data for "Q" score from 1990 to 2006, with some gaps.

Briggs said in 1993, Jackson’s likability was pretty well in line with other artists. From that point, it declined substantially. Briggs explained that in 1993 there was a start of some significantly negative headlines associated with Jackson, his drug abuse and other issues. In 2006, Briggs said the chart shows that there were 7.4 negative impressions for 1 positive regarding Michael Jackson. There's no data available from 2006 to 2009. Briggs said he requested the data but was unable to get it. He said if someone's likability is so negative, they take those people off the list, since no company would want to align itself with them.

Briggs said Mr. Erk specified album unit sales for five of Jackson's albums. "It also showed a significant decline," Briggs said.
1982 -- Thriller -- 65 million
1987 -- Bad -- 45 million
1991 -- Dangerous -- 32 million
1995 -- HIStory -- 20 million
2001 -- Invincible -- 13 million
Briggs testified Jackson had a significant issue in the media related to negative headlines in a broad range of topics. That would impact a company's decision on endorsements/sponsorship. He said AEG took steps to secure endorsements and sponsorships but was unable to do so. "I don't know how he can predict that all of the sudden the light switch would be turned on" Briggs said about Erk's endorsement projection.

Briggs said the Las Vegas deal was speculative because there was nothing in the works, no budget, agreement or financing. Beyond that, there's no real precedent for living, touring artist, who has a tribute show. "In my business, just expressing interest doesn't mean it's going to happen," the expert opined. Every hotel wants a show that appeals to a broad audience. "It's hard to make big bets if there are high questions about likability and predictability."

Briggs gave his opinion on the projection Jackson would move into movies. Briggs said there were efforts taking place at one point for Jackson to make movies. He considers it to be in the development phase. "It absolutely does not mean it would be getting to the end of the process," Briggs opined. Briggs said the decision to make films is multimillion dollar one. The commitment is very serious, you can't make movie with a million dollars. And a lot needs to be in place, like audience, distributors, etc. He said just advertising a movie in the US can be 50+ million dollars. Briggs said the last feature film Jackson was associated with "Miss Cast Away," released in 2004-05 and it went straight to video, not in theatres.

Briggs said that even at the distribution phase, it doesn't mean film will be profitable/successful. "It's all a risk up until this point." Only after 3-6 weeks in the theatre is it possible to figure out if the movie is profitable or not, Briggs said. Briggs named some big films that have been disappointments: John Carter, Battleship, Jack the Giant Killer. Each studio releases 15-20 films per year, Briggs said, and only about half of them are known to the public. "Just because you make something it doesn't mean it will go on to critical success," Briggs said.
Briggs said Mr. Erk simply stated he believed Michael would do movies. Briggs said there were periods of times where Jackson would have great connections in the movie industry, then fire them only to hire them back. "Great connections do not equate that things will get done, let alone be successful," Briggs testified. Regarding Jacksons's personal history with respect to feature films, Briggs was emphatic: "I do not believe Jackson was successful…Even Mr. Erk said he was not successful in movies. Briggs told the court, “I don't know how anyone can project, with reasonable certainty, that Jackson would be successful at making movies.”

Court adjourned until tomorrow.
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