A.J. Court Session 36: The company caused Conrad Murray to make wrong medical decisions

Continuing today’s session, Dr. Gordon Matheson took the stand as a witness for Katherine Jackson’s lawyers.

Dr. Matheson is a professor at Stanford University. He is a doctor for sports teams and a researcher in the field of “conflict of interest.” Matheson came to testify about the conflict of interest that Katherine Jackson’s lawyers claim was created by A.J.’s hiring of Dr. Murray.

Matheson said a conflict of interest arises when three interested parties are involved in an issue. He spoke about his own field—sports medicine—and said conflicts of interest can arise between a doctor, an athlete, and a coach. Conflicts of interest can include financial gain, reputation, position, and credibility. Matheson has conducted research on conflicts of interest alongside Condoleezza Rice, the U.S. Secretary of State in George W. Bush’s administration.

Matheson, who had never testified in court before, said he received 500 dollars for each hour of studying the case.

Matheson has never worked in the music industry, but he says the debate about conflicts of interest and three-party contracts is one of the similarities between the music industry and the world of sports.

Matheson: “I think Mr. Jackson’s stage performances were extremely physical, which is similar to the work of an athlete.”

Matheson said that assuming Dr. Murray was hired by A.J., a conflict of interest was created for him. Part of this conflict came from Murray’s financial debt and the expectation of his monthly salary of 150,000 dollars. Another part came from a contract under which if the tour was canceled or delayed, Murray would also be out of work.

Matheson: “When Mr. Jackson’s health declined, this conflict of interest became obvious.”

If Murray decided to prevent him from performing concerts due to the decline in his patient’s health, it would cause him financial loss. Matheson said the contract required Murray to be accountable to the company. His pay depended on Michael’s performance.

Matheson: “This conflict of interest is what caused Dr. Murray to make wrong medical decisions.”

Murray’s employment contract with the company and Michael had not been signed, but Watson said it didn’t matter whether the company signed the contract or not. Discussing the contract was enough to bring Murray into a conflict of interest.

Matheson: “The contract had been negotiated. I think Dr. Murray acted under the belief that the contract had been fulfilled. He was fully committed, and he provided the company with his bank account number to receive his salary. Whether the contract was signed or not doesn’t change my view that it created a conflict of interest.”

He referred to a clause in the contract stating that “Dr. Murray is required to provide the services requested by the producer (that is, the A.J. company).” The company’s defense said it had made a mistake in writing the contract, but Matheson says that wording still affected Murray’s understanding of the contract. Matheson says that although Murray’s duty was to care for Michael’s life, this clause bound him more to the company, putting Murray in a dilemma between Michael Jackson and the company—who should be prioritized.

Matheson asked why Murray, who faced heavy debt (1 million dollars), would close his offices so he could only take care of Michael, when he could have lost his job as Michael’s doctor on the tour if the tour was canceled or delayed. Matheson gave this answer: “Dr. Murray wanted to get the salary paid by the company at any cost, and to keep those who paid him satisfied. Whereas we expect a doctor to make decisions directly and not be dependent on other interests.”

Matheson spoke about a chain of emails titled “Trouble at the front line,” which had been passed around on June 19, 2009 between Michael’s colleagues and company managers. He said these emails show that there were concerns about Michael Jackson’s health that needed to be addressed.

In part of these emails, a senior company manager said: “It’s the company that pays Dr. Murray, and he should know what is expected of him.”

Matheson said this sentence directly refers to the company’s intention to control Conrad Murray’s medical decisions—like when a sports team coach orders the team doctor to return an injured athlete to the field.

Matheson explained that to prevent conflicts of interest, the sports team doctors at Stanford University only serve the health of the athletes. He said their medical decisions about athletes do not affect their pay. Athletes live with their doctors in separate dormitories so that, away from sports coaches, medical decisions can be made.

Matheson: “This email shows a lack of independent decisions. When an athlete’s condition is getting worse, we don’t send him onto the field.”

In another part of the emails, John Huggdall, the tour manager, described Michael as “desperate.” Matheson said from the stand that he was very eager to know whether Huggdall truly exaggerated what he meant—or whether he was telling the truth.

Matheson: “Desperate is a heavy word. That statement carries a big meaning.”

Randy Phillips, the company’s CEO, had responded in writing that “we are facing a major problem.”

Matheson says Phillips knew something had gone wrong, and Ortega’s response—written as “now that we’ve brought in Dr. (Murray)”—shows that their way of thinking was in line. And it’s clear that nothing good came of it: Michael was still weak and had a physical problem.

Phillips had responded: “I’ll call you when I understand the issue.” Matheson says this sentence shows that Phillips was taking responsibility for the actions.

He also discussed Phillips’s incorrect comment that Murray is a successful doctor and doesn’t need money:

Matheson: “Mr. Phillips understood that (Murray’s success and financial position) mattered, so he was aware of the potential for a conflict of interest.”

On June 20, after speaking with Dr. Murray, Phillips wrote to Kenny Ortega: “Discouraging him (Michael) speeds up the worsening instead of preventing it.”

Matheson, referring to this statement, pointed to a clear turn in Murray’s behavior. In an email dated June 14, it was written that Dr. Murray had not allowed Michael to rehearse the day before because Michael was unwell. Then, six days later on June 20, Murray made a 180-degree turn and told Phillips that it was Michael’s absence from rehearsals that made his condition worse, while rehearsals prevented his condition from worsening. And if Michael were discouraged and prevented from attending rehearsals, his condition would deteriorate even faster.

Source: eMJey.com / LA Times & ABC7