Lloyds lawsuit has been delayed to February 2014 based on a request by Lloyds.
Estate and Lloyds will sit down for mediation to try to settle this case.
From Partial Lloyds deposition
- Debbie worked at Klein's office between 1978 - 1997
- She was an office assistant but learned to make injections - most common cortisone injections.
- Injected Demerol to MJ on Klein's orders.
- Debbie was present at Bad Tour with Klein. Klein made his assistants inject Michael Demerol (100 mg ) when he injected collagen.
- Question : you said to media Klein got MJ addicted to Demerol. DR : He did Question:Why do you believe that DR : I know that.
- Debbie Rowe : "Klein was above all that. Klein did what Klein wanted to do"
- Debbie Rowe worked with Alan Metzger after the Bad tour to get Michael off Demerol. (timing unclear see below) Debbie says Michael was visiting Hoefflin and Klein a lot and the doctors were sending her to babysit Michael after they gave him drugs.
- Debbie says Hoefflin gave Demerol, Versed and Diprivan (Propofol) and sometimes would put Michael under and say he did work on him when he did not. (She says she saw both Klein and Hoefflin's treatments) She says Hoefflins treatments were after Bad and before History tour. she says he would put Michael under for 6-7 hours. She saw this 3 times. She says she learned from Michael and Klein that he went to Hoefflin's office 2-3 times a month.
- Debbie says Metzger was the one doctor that cared about Michael and she called him after three incidents over three months. One was at Universal Hilton incident and Two times at Century City. At one time (Universal Hilton) he was loopy and with slurred speech, Debbie goes to the hotel and found Dilaudid given to Michael by Hoefflin for his scalp issues. She calls Klein and tells him Michael took too many and asks him what he wants her to do, take him to hospital. Klein says to her stay there and keep and eye on him. She stays with Michael for 2 days. Second one Michael calls her and he was rambling and she went to his house at Century City. (Partial deposition cuts here)
- It sounds like Debbie gave copies of MJ's records to Metzger so he knows what's going on.
- Intervention with Metzger: Timing isn't clear. At one part she says it was after Bad tour sometime 1989 - 1990, at another time she says it was before Bangkok part of the tour (which I mean is referencing Dangerous tour). At the later part it sounds more like 1993 and sometime between Super Bowl / Rose Bowl halftime and Bangkok. Between January 1993 and August 1993 is mentioned as Metzger intervention later on.
- She says Metzger told her what to do to get Michael off Demerol, patches they used and other medications. she stayed with Michael every night for 3 weeks doing what Metzger told her. One day she comes and Michael has left for Bangkok. Their treatment wasn't finished. Debbie was told to meet with a doctor and give the doctor the schedule to be followed with the detox. Debbie was worried they would not follow the detox program and Metzger told her there's nothing they could do. She later says Michael had a relapse in Bangkok.
- While they are doing the intervention with Metzger, Michael mentions anesthesia and being put out for a certain amount of time so he didn't have to go through withdrawals. They say no.
- History tour anesthesia are at :Lyon France, Paris France and Munich Germany - at hotels (Lyon and Munich and at an apartment (Paris). (this is the only times Debbie saw anesthesia for sleep). She talks to Michael he says he needs to sleep, she tells him it's not a good idea. Doctors explain anesthesia to MJ with warnings and saying it's not recommended. Debbie says to Michael "You could die, this is a little rash". Michael tells her he would be fine. Debbie thinks it's because he had anesthesia many times before so he did not consider it a problem.
- Time unclear but Debbie mentions Michael going to Klein, Hoefflin and Sasaki at the same time and she went with him to keep track of medications.
- Debbie doesn't have much info after stop working Klein's office and divorcing.
- Debbie says Rish (Klein's partner) called her in 2009 after Michael's death complaining about Klein giving Michael too much Demerol and seeing him quite often.
Some tidbits from Lloyds documents
- Dr. Slavit did a regular blood test - checking Michael's cholesterol and such. Murray is mentioned as the personal physician at his notes. Michael only mentions 2005 hospital visit to Slavit.
- Klein Demerol records
March 13 : 100 +100 (30 min later)
March 17 : 100 + 100 (1 hr later)
March 18 : 100 +100 (1 hr later)
March 19 : 100 +100 ( 30 min later)
March 23 : 200
April 6 : 200
April 9 : 200
April 13 : 200
April 15 : 200
April 17 : 200 + 100 (30 min later)
April 21: 200 + 100 ( 1 hr later)
April 22: 200 + 100 (1 hr later) + 75 (1 hr later)
April 23: 100
April 25 : --
April 27 : 200 + 100 (1 hr later)
April 28 : --
April 30 : 200 + 100 (2 hr later)
May 4 : 200 + 100 (2 hr later)
May 5 : 200 + 100 (1.5 hr later)
May 6 : 200 + 100 (1 hr later)
May 19 : 200
May 20 : 200
May 21: 100
June 1 : 200
June 3 : 100 + 100 (1 hr later)
June 9 : 100 + 100 (1 hr later)
June 16 : 100
June 22: 100
- Dr. Finkelstein got a call from Brad Buxer in 1995, he tells Dr. Finkelstein Michael hurt his back / thrown his back out during a rehearsal. Finkelstein goes to Michael's hotel, gives him a shot of Morphine 10 mg, wrote a chart, faxed it to Metzger and then went on a trip on a boat. When he returns from his trip the next day he sees he has a lot of calls telling him either Michael passed out or slept and missed rehearsal. He goes to check on Michael and he sees that Michael had prescription bottles from other doctors for benzos , tranquilizers and mixed them with what Finkelstein gave him. Finkelstain says he believes Michael was doctor shopping in 1995 and he was afraid that Michael could take too much and overdose. Finkelstein says at the next phone call asking to him to come and give Michael pain medicine, he told Michael no and said to him he needed treatment for dependency. Finkelstein says he received calls a few more calls following this asking him to come and give Michael pain medications and he refused to go and even after a while refused to take Michael's calls and hung up on him.
- Slavit did not measure Michael's weight, he wrote what Michael told him.
- Dr. Rish says he never gives pain medicine when he does injections and at most uses topical creams
- Dr. Adams denies giving Michael Propofol at Murray's office, he also denies explaining Murray administration of Propofol. He says only time he gave Michael propofol was during dental procedures.
- Adams says Murray called him for the first time at March 2009 on a Sunday asking Adams to come to his (Murray's home).Adams said he did not do house calls and did not know why Murray was calling him. Murray called him a second time 15 minutes later telling him Michael wanted to meet him. (deposition cuts) Adams goes to meet Michael and Murray at April 6 at Murray's office, they talk about the tour, Murray leaves after 30 minutes, Michael talks to him about the shows, his concern and he didn't know if he would be able to get his rest. (deposition cuts) Michael and Murray leaves the room to talk for 15 minutes, Adams irritated, he wants to leave, they told him to wait a little, Michael tells him he would like Adams to go on tour with him. Adams say Murray did not look happy, his demeanor changed, more sedated. Michael carried the conversation. Michael tells Adams he want him to "help get his rest" & help with medical treatments for his kids. Michael tells him Murray going to the tour as well. Michael tells him to think about it and give him an answer. Adams agrees later in the April but thinks apparently his asking price was too high
- Dr. Metzger says he knows Ratner was involved to help Michael sleep. Metzger says the didn't know what was Ratner giving and thought it was probably Valium or Versed and did not know about anesthesia.
- Dr. Baden is an expert retained by LLoyds. In addition to the stuff in the media story he talks about 4 areas being scarred in Michael's left lung. he says according to his experience these scars happen when pills are dissolved in water so that they can be injected or given by IV. As pills have water insoluble particles, these do not dissolve in blood and they are filtered out by the lungs and stay there causing scars.
- Lloyds have filed for a summary judgment. They are asking the court to determine in their favor and cancel the insurance policy so they don't have to pay $17.5 Million to MJ Estate.
- Lloyds main argument is that Michael withheld his medical history (prescription drug use of Demerol, Opiates and Propofol and medical conditions of insomnia and failing eyesight and not mentioning going to rehab mid Dangerous tour) from them. They claim if they knew they would never insure Michael for accident and also this withholding voids the insurance policy.
- Estate asked and got an extension to file their reply. Estate states they need time to do discovery and reply to the summary judgment.
- Estate and Lloyds are having disagreements in regards to the discovery.
- The main discovery issue as follow :
--- Estate asked Lloyds for the names of the musical acts they insured between 2005 and 2010 and Lloyds gave 70 names that they insured.
--- Estate states 8 of these names have made public statements about their drug use and/or medical conditions.
--- Estate wants Lloyds to answer when they insured these 8 artists and if they knew their drug / medical issues before they insured them. Lloyds practices of issuing or refusing to issue insurance to artists with known drug or medical issues. If they cancelled any insurance policies after they learned these artists conditions or learned artists withheld information from them.(Ivy's note: Basically if Lloyds insured these artists while knowing about their drug / health conditions, Estate will argue that Michael's drug /health conditions wasn't a factor for denial of insurance)
--- Lloyds refusing to answer these questions citing privilege, violation of privacy, confidentiality and so on .
--- The 8 artists? They are Aerosmith, AC/DC, Britney Spears, George Michael, Johnny Hallyday, Kings of Leon, Van Halen, Whitney Houston.
-A discovery referral made a decision but Estate is challenging the decision of the referee. Because
--- Discovery referee wants to limit/redefine the "drug problem" questions to the drugs Michael used (Demerol, Propofol, Opiates etc). Estate argues that this limitation will not allow them to learn about instances Lloyds issues insurance policies when artists used other prescription drugs or illegal drugs.
--- a very detailed discussion is about what information is considered confidential or not. Estate argues the dates insurance policies were valid, claims paid, performances cancelled is not confidential. Referee / court hasn't really made a decision about what is confidential or not. They first want to hear from Lloyds if the answer to the questions is relevant and they are considering about giving notice to the 8 artists mentioned.
Estate's opposition file - http://www.scribd.com/doc/195349714/MJ-Estate-Opposition-in-Lloyds-case
BTW in this case Lloyds is 4 underwriters. 50% Cathedral Capital, 25% Talbot Underwriting and 25% by 2 US companies. The document says Estatehas settled with the 2 US companies. If they succeed in summary judgment, they can perhaps settle with the remaining ones.