Writers of Pro Football Prospectus 2008

20 Feb 2007

Weis Case Ends in Mistrial After Juror Collapse

The Charlie Weis gastric bypass surgery malpractice case has ended in a mistrial after a juror started moaning and then collapsed during testimony, with the two defendant doctors coming to his aid.

Posted by: Bill Barnwell on 20 Feb 2007

21 comments, Last at 21 Feb 2007, 5:24pm by Tom Kelso


by justanothersteve (not verified) :: Tue, 02/20/2007 - 2:33pm

Maybe they should reschedule the trial to start just after Labor Day so Weis can be as inconvenienced as the surgeons.

by Igor (not verified) :: Tue, 02/20/2007 - 2:37pm

How the hell did he gain a lot of that weight back if his stomach was cut into the size of a little pouch?

by Eric in LA (not verified) :: Tue, 02/20/2007 - 2:52pm

It's actually quite easy...lots of high calorie liquids (think milkshake) can easily circumvent the surgical fix.

by johnt (not verified) :: Tue, 02/20/2007 - 2:54pm

You can actually overload the gastric bypass by continually eating. It's hard, but possible.

Alternately they may have had to undo the surgery due to the complications. These days they often "band" it and they can undo the surgery by removing the band. From what I've read this case is rather ridiculous and Joe Shmoe would have no chance of it being brought, but it helps to be able to pay out of pocket for top lawyers and bring Tom Brady in to the witness stand in Massachusetts. I bet they settle now.

by Dave (not verified) :: Tue, 02/20/2007 - 3:19pm

4: i'm not sure it's all that hard, either. i mean, all one has to do is revert to the dietary and exercise behaviour that got one into the shape where they needed gastric bypass.

i've got a friend who gained back a lot of the weight after she had gastric bypass, and now she's screwed because she's got all the drawbacks associated with the procedure and is overweight to boot.

(i know this is offtopic but i've got pretty strong opinions about this issue. i dropped about 170 lb of fat over the last 18 months with diet and exercise and if a lazy gluttonous sack like me can do it maybe others can too. if you must get gastric bypass, at least be pretty damned sure you can follow through maintaining afterwards.)

by johnt (not verified) :: Tue, 02/20/2007 - 3:37pm

5: It's pretty hard. Your stomach is tiny and overeating will make you puke. Basically you have to continually eat those tiny amounts of food, all the time, to gain back the weight. Some people with mental issues do it because they just graze constantly, but the rate for keeping off weight with bypasses is quite good.

by deyton (not verified) :: Tue, 02/20/2007 - 3:46pm

When you first get the surgery it's really hard NOT to lose weight, no matter what you do. But if you continue the habits that got to to the state that made you need it, you will eventually gain weight back. You don't need to be sneaky and drink fatty liquids or eat a lot of small meals, the stomach will stretch out.

by sonofbrocklanders (not verified) :: Tue, 02/20/2007 - 3:48pm

my favorite aspect of this trial is that Weis did not tell a soul he was having it done besides Tommy Brady. I say Tommy because that is how Weis referred to him at the trial.

by Dave (not verified) :: Tue, 02/20/2007 - 3:59pm

6: perhaps we're defining 'hard' differently.

calculus is hard. eating caloricly-dense junk food and living a sedentary lifestyle when that is what one is accustomed to is... reverting to the mean, maybe. there's significant discomfort associated with it post-surgery, but the only comfort a lot of the people who get gastric bypass are really interested in is comfort food.

finally, i enjoy the 'burst your buckle' ad appearing on this thread.

by Sundown (not verified) :: Tue, 02/20/2007 - 4:35pm

I always find it somewhat humorous when coaches who must come down on hard on players who are out-of-shape are morbidly obese themselves. They have access to the best trainers, workout facilities, dieticians, you name it.

Just out of curiosity, but how was Brady's testimony relevant to the case? It seems nobody's questioning Weis had complications; they just disagree over the cause. Doesn't seem Brady could help much with that.

by GlennW (not verified) :: Tue, 02/20/2007 - 4:44pm

> "Just out of curiosity, but how was Brady’s testimony relevant to the case?"

Same as in a lot of legal cases; mostly as a character witness designed to spin the jury in a largely irrelevant manner. I disagree with the earlier post though that this is a frivolous lawsuit; the expert testimony to date has hardly supported that contention, at the very least-- alleged undiagnosed and untreated prolonged internal bleeding, etc.

by spatne (not verified) :: Tue, 02/20/2007 - 5:34pm

11. Agreed. I wonder if any of Weis' coaching colleagues are on the witness list? I'd guess that they'd have more insight into his in-season eating habits than anyone other than Weis himself.

It's not hard to imagine that Weis just spent too many nights in the office with Ronald and the King. Unfortunate, but given what gets reported about the coaching lifestlye, it's completely plausible.

by Igor (not verified) :: Tue, 02/20/2007 - 7:18pm

I guess I just fail to see why you would go into a serious surgical procedure to lose weight and then spend countless nights piling the weight back on.

by Kami (not verified) :: Tue, 02/20/2007 - 7:38pm

Weis was about to lose the trial, but once again Brady found a way to come through in the clutch.

by Alex (not verified) :: Tue, 02/20/2007 - 8:23pm

Kami wins the thread.

by Carlos (not verified) :: Tue, 02/20/2007 - 8:30pm

Dave - congrats. that's impressive!

by cd6 (not verified) :: Wed, 02/21/2007 - 12:37am

What this report doesn't tell you is that the juror fainted after staring directly into Tom Brady's deep, dreamy eyes.

(Note: nobody ever fainted when making eye contact with Peyton)

by Peter Libero (not verified) :: Wed, 02/21/2007 - 3:32am

Jokes aside, is this not the craziest thing ever? I don't even think Law & Order goes so far as to have fainting jurors rescued by the defendants. It must suck enormously to be Weis at the moment, and not just because he weighs a million pounds.

by Alex (not verified) :: Wed, 02/21/2007 - 6:31am

"Jokes aside, is this not the craziest thing ever? I don’t even think Law & Order goes so far as to have fainting jurors rescued by the defendants. It must suck enormously to be Weis at the moment, and not just because he weighs a million pounds."

I thought you said "jokes aside" :)

by John (not verified) :: Wed, 02/21/2007 - 11:14am

Re 18: They've probably finished filming this season, but you KNOW that's going to happen this fall. Ripped from the headlines, baby.

by Tom Kelso (not verified) :: Wed, 02/21/2007 - 5:24pm

Hell, that was last week's Boston Legal. L&O is soooooo last century.