Judge dismisses ex-Mount Carmel Dr. William Husel's malicious prosecution lawsuit
Jordan LairdA federal judge in Michigan has dismissed without prejudice former Mount Carmel West Hospital doctor William Husel's lawsuit accusing the hospital's parent company of malicious prosecution.
Husel had accused Trinity Health Corporation in the lawsuit filed last year of seeking his prosecution by providing the Franklin County Prosecutor's Office with inaccurate or misleading information.
A Franklin County jury found him not guilty in 2022 of 14 counts of murder in connection with the deaths of patients in his care as an intensive care doctor. During a seven-week trial, county prosecuting attorneys argued Husel prescribed excessive amounts of painkillers to ill patients.
U.S. District Judge Jonathan J.C. Grey dismissed the civil lawsuit Thursday without prejudice, according to court records, meaning Husel could refile a similar suit.
Robert S. Landy, an attorney representing Husel, told The Dispatch in an email:
"We understand what the judge is requiring in terms of an amended complaint, and are working out the best way to address it. Dr. Husel has always understood that the road to recovering the life that was taken from him will be long and complicated. The need to amend his complaint is simply another turn in that road."
In his order dismissing the suit, Grey said Husel's original complaint lacked "specific factual support."
"While Dr. Husel’s complaint insinuates that false or misleading information was presented to the grand jury, it never explicitly states who, as in which Trinity staff member, presented the false or misleading testimony nor explains how that testimony was relevant to the indictment," Grey said in the order.
Who is former doctor William Husel?
Husel worked as an intensive care doctor at Mount Carmel West from 2013 to 2018.
Beginning in 2015, Husel prescribed doses of fentanyl and other opioids prosecuting attorneys and Mount Carmel would later call "excessive" to patients during his night shift.
Mount Carmel and Trinity Health began investigating Husel in 2018 and fired him in December 2018. The health care system accused Husel of prescribing excessive doses of painkillers leading to at least 34 deaths.
Husel's license was suspended and he was indicted in 2019 on 25 counts of murder for 25 patient deaths. Prosecuting attorneys later had 11 counts dismissed and tried him for 14 deaths.
During his trial, Husel's defense attorneys argued Husel provided comfort care to already critically ill patients at the end of their lives and there are no maximum doses of fentanyl for palliative or end-of-life care.
Prosecuting attorneys accused Husel of purposefully overprescribing and hastening the patients' deaths.
Mount Carmel has settled multiple civil lawsuits with the families of patients who died in Husel's care.
Representatives of Mount Carmel and Trinity Health did not respond with a comment Friday on the federal judge's decision.
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