Ex-Pats’, Current Notre Dame Coach Files Suit Over Obesity Surgery

January 26, 2007

  • January 28, 2007 at 2:56 am
    Marcia M says:
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    I found it very interesting, almost to the point of disturbing, that an article about a medical malpractice lawsuit can go from comas to grammar/spelling to political affiliations and body parts issues. While not a Notre Dame enthusiast, I am a sports fan, an insurance professional, and more importantly, a recent gastric bypass surgery patient. After reading all the postings to date (1/28/07 1:45pm CT), I feel compelled to comment.

    Obesity is an addiction/disease like alcoholism, smoking, drug abuse, etc. However, unlike alcohol, illegal drugs, and nicotine, you have to have at least some food to live even after controlling your addiction.

    The surgery isn\’t a \”quick fix\”. It\’s complicated much like the BCS rankings. Anyone who thinks it\’s the \”easy way out\” either a) isn\’t going to be successful after their surgery or b) really doesn\’t understand the situation. The surgery is a powerful tool, much like a \”Heisman trophy quarterback\”. However, you can have the best quarterback in the nation and still not win the national championship.

    In the day and age of medical malpractice suits, I would hope every surgeon requires their patients to go through various tests (both physical and psychological) to determine who are good candidates. My surgeon did. My surgeon turns down potential patients/income for those who fail those tests. Assuming that all doctors do would be more of a dream than reality.

    I did my \”pre-game\” preparation. Hopefully, Coach Weis and anyone else considering surgery would do the same. I researched the various surgeries, the surgeon, the morbidity/mortality rate, etc. I also consulted with my \”team and coaching staff\”, those whose opinions I trust. I will add that according to the American Society for Bariatric Surgery 2004 Consensus Statement, the mortality rate is about 0.5% rather than the 30% you mention. Even the morbidity rate is only around 5%.

    Claims and lawsuits affect people in more than just financial ways. We cannot begin to know the intricacies of Coach Weis\’ situation. Every surgeon is human. Humans make mistakes. We have insurance for the unexpected. Some claimants reach to the deep pockets of insurance companies for unfair gain while others want simply to be indemnified for their losses. We have to trust that the court (\”referees\”) will make the right call on the \”coach\’s challenge\” after reviewing the play on the field.

  • January 29, 2007 at 8:34 am
    marciamisinformed says:
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    0.5% for the first two weeks after surgery maybe but often surgical complications take a few weeks to fester befre they are discovered again disease or no disease fat people dont heal well and their vital organs are not usually in the best of condition. Please show me a 5 year survival rate in any clinical study performed in America to support your ludicries statement. Tihs is a very dangerous but in some neceessary procedure which is now done in almost any hospital because you and I demand that! We dont want to travel to have it and we dont want a stranger to do it on us so rural surgeons in rural hosptials get way above their heads. Most of these facilites do not even have a ct scanner or mri big enough for thses people to fit in when things do go wrong. Coach\’s was done at a reputable facility and by reputeable surgeons the fat slob should be thankful he is alive at all.

  • January 29, 2007 at 10:49 am
    melanie says:
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    what are you 12? just think how much nicer this world would be if you had died Reagan.

  • January 29, 2007 at 11:00 am
    Tony Morrow says:
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    I di believe that obesity is a disease. The overwhelming addiction to food is quite
    difficult to conquer. It is major, invaasive intestinal surgery. However, with the right surgeon and pre and post surgical preparation and follow up, the risks can be minimized. Too many surgeons peform these procedures when they probably
    don\’t have the experience. I believe that
    Charlie Weis\’s suit is warranted.

  • January 29, 2007 at 11:07 am
    Chad Balaamaba says:
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    gastric bypass is an extremely risky surgery…common folk like ME even know this, and according to some fellow readers I\’ve been dropped on my head, have done drugs, etc. But even a stupid conservative like myself knew it.

    Let\’s review:

    gastric bypass…gotta believe doctors say \”now Chuck, this is risky stuff, and even if it works, there\’s no guarantee you won\’t stretch that stuff back out if you keep eating those 12 pound sub sandwiches\”

    surgery occurrs; patient in coma for two weeks…last rites given…patient doesn\’t eat much while in coma…

    patient recovers; appears to have lost some weight, obviously has regained appetite, but until I read the next issue of People, I won\’t know how much weight he has lost, and doesn\’t appear Jared losing Subway job anytime soon…

    Yup, he survived, maybe that\’s why he\’s so upset. Some folks have a brush with death and are grateful for the second chance, others choose to sue for that privilege…That, or he was going to make some public declaration during that 2 week coma that would prevent the country from sending troops to Iraq, or prevent a super Wal-Mart or two from opening…his family got quite a scare, but he allegedly has his dream job now…yeah, wouldn\’t we all be this bitter. Sorry Charlie. I wish you well, but profiting off your recovery doesn\’t seem to make much sense unless you can prove the doc\’s were drunk when they sewed you up.

  • January 29, 2007 at 11:13 am
    Alcoholismadiseasetoo says:
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    Even if both docs were drunk if they met the standard of care there is no negligence!

  • January 29, 2007 at 11:54 am
    And Reid says:
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    Andy: First injuries. Charlie Weiss had a little tweak there, ahem, he got that gastro- surgery thing then it tightened up on him a little there, ahem, so now he’s comatose. Ahem. Time’s yours.

    Reporter: Andy, it’s been reported that Charlie knew that he was going to have risky surgery, he just didn’t know how long he was going to be out afterwards. Is that a clock-management problem?

    Andy: Ahem, well uh, ahem, we gotta get that under a little better control.

    Reporter: Andy, who decided what kind of surgery Charlie should have gotten? Did you call that play? If so, isn’t it about time that you let someone else call plays?

    Andy: Well, ahem, that’s my responsibility there, so I just have to do a little bit better job with that. Ahem.

    Reporter: Andy, it has been reported that there might be a penalty for the botched surgery. Is that an officiating problem?

    Andy: I don’t uh, ahem, I don’t comment on lousy officiating.

    Reporter: Andy, do you think that Charlie should have gone for the surgery or punted?

    Andy: Well, we punted with 1:50 left against the Saints and you saw how that worked out. Ahem. That’s all.

  • January 29, 2007 at 12:08 pm
    ad says:
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    Your comments have me busting a gut. I will have to come back later because I am laughing at my desk and they are going to come and get me with a straight jacket.

  • January 30, 2007 at 11:00 am
    Adjuster says:
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    Really Tony? Just because he \”nearly died\” they fell below the standard of care??

    This is HIGHLY risky surgery. Even in the best and most trained hands it has a high mortality rate. Of course, being morbidly obese carries it own RISKS. In order even be a candidate, you must have no less than three co-morbidities. That means three conditions, any one of which will kill you in the not distant future.

    If he proves his case via expert testimony and the jury likes his experts better than the doc\’s, then his claim is \”justified\”. If not, then its not. Period.

  • January 30, 2007 at 12:39 pm
    Rosie says:
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    this poster uses multiple handles and is insulting to everyone that does not agree with his bible thumping mightier than thou attitudes. He also makes fun of human suffering under his other handles (Reagan,etc). Its a disgrace to your fine publication and website that he has a forum to post his messages of hate.



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