Matthew Perry stood tall as perhaps one of the most recognizable sitcom stars of the 1990s. His show, Friends, was among the best television shows of its era and still provides entertainment today. At 54 years old at the time of his death, he was considerably too young to pass away. Without extensive data to back this up, it is probably fair to say that Matthew Perry was one of the most likable people in Hollywood for his role in Friends. Yet, as loved as he was, he admitted he was unhappy. Mr. Perry’s friend is even quoted as saying, “his role as Chandler on Friends did not bring him joy, happiness, or peace.” This is true despite Mr. Perry always wanting a role in a sitcom. Matthew Perry was known to have problems with drugs and alcohol.
He wrote in his memoir that by the age of 14, he had developed alcoholism. After bouncing in and out of rehabilitation centers, it was an overdose of ketamine that took his life. This raises questions about legal liability. Who is responsible for his death? That is a question that is currently being addressed in the courts. While it is unclear whether Mr. Perry’s doctor will plead guilty for his death, it is expected to happen. But there are actually five individuals facing charges for his death. Who is responsible? And is there civil liability in addition to criminal culpability?
Who is Charged?
There are five people charged for criminal conduct related to Matthew Perry’s death.
Kenneth Iwamasa
Kenneth was Matthew Perry’s assistant for over 25 years. He is accused of procuring and injecting Perry with ketamine. According to Iwamasa’s plea agreement, during the final week of Perry’s life, Iwamasa injected him with at least 27 shots of ketamine. This includes multiple injections on the date of his death.
Dr. Mark Chavez
Dr. Chavez is one of two doctors who have been charged because of Matthew Perry’s death. Apparently, the two never met. Additionally, Dr. Chavez was already under investigation for activity related to his practice of medicine. He “has agreed to plead guilty to one count of conspiracy to distribute ketamine,” according to the Department of Justice news release.
Erik Fleming
Fleming allegedly distributed the ketamine that killed Perry, according to his plea agreement. On October 14th, Fleming delivered 25 vials of ketamine in exchange for $5,500.
Jasveen Sangha
Sangha is sometimes referred to as the “Ketamine Queen.” Sangha has pleaded not guilty to one count of conspiracy to distribute ketamine, one count of maintaining drug-involved premises, one count of possession with intent to distribute methamphetamine, one count of possession with intent to distribute ketamine, and five counts of distribution of ketamine.
Dr. Salvador Plasencia
Plasencia has entered a not-guilty plea to one count of conspiracy to distribute ketamine, seven counts of ketamine distribution, and two counts of altering and falsifying documents or records in connection with the federal investigation.
He was released after posting a $100,000 bond and, per an order from Magistrate Judge Alka Sagar, surrendered his passport and DEA license, which had authorized him to prescribe controlled substances.
Potential Legal Theories
In some states, a contributory negligence standard applies. This means a victim or a victim’s family, in the case of a wrongful death claim, cannot necessarily recover compensation if the victim was even 1% negligent in causing their death. Meanwhile, in some comparative negligence jurisdictions, a claimant can recover so long as they were less than 50% at fault for causing the accident.
Medical Malpractice
Medical malpractice is the obvious cause of action here, though it is not necessarily the most effective. While the five individuals being prosecuted for criminal charges may well be guilty if the facts alleged are true, that does not necessarily amount to a viable civil claim. An injury claim tends to fit under the umbrella of medical malpractice even if the alleged incident does not occur in a hospital. One example that surprises many is that it qualifies as a medical malpractice claim even if the injury occurs in a nursing home.
Generally, a medical malpractice claim is expensive to pursue. The law protects medical practitioners from frivolous lawsuits more than other professions. This makes sense to an extent because we want to encourage effective medical care but do not want to discourage people from entering the medical profession if they face a constant threat of litigation.
Moreover, pursuing this claim is expensive. In a typical car accident case, fewer expert witnesses are necessary to explain the technical parts because laypeople already intuitively understand the dynamics of a car accident. Such is not the case with a complex medical issue. Accordingly, Perry’s family may need to spend thousands of dollars to pursue a claim. In his case, the damages may be worth it if the family is successful.
Assumption of Risk
Two defenses may be available to any defendant. The first is comparative negligence, as that is the standard in California. This states that there may be no recovery for negligence if a jury finds that Matthew Perry was over 50% negligent in causing his death. Additionally, an assumption of risk may be available. This is an affirmative defense for any alleged tortfeasor. This means that the defense would need to prove by a preponderance of the evidence that Matthew Perry assumed the risk.
An assumption of risk defense could potentially apply if it is shown that Matthew Perry knowingly and voluntarily accepted the risks associated with ketamine infusion therapy or any treatment he was undergoing. This defense argues that the plaintiff (in this case, Perry’s family) understood the risks involved in the treatment and chose to proceed, thereby limiting the defendants’ liability.
However, whether this defense is successful will depend on the facts of the case and which defendant raises it.
Damages Available in a Wrongful Death Case
The damages available in a wrongful death case vary by state, as does the relation to the victim who may file a claim under the statute. This may include a surviving spouse or children of the decedent. If a plaintiff is successful, common wrongful death damages may consist of burial and funeral expenses, the victim’s lost income and financial support, loss of consortium, and loss of companionship. Some of these damages are economic in nature and equate to a precise dollar amount. Meanwhile, other damages like loss of consortium and companionship are more general. It is up to a jury to determine the value of these damages.
Contact Gelb & Gelb for a Free Consultation
The attorneys at Gelb & Gelb have handled wrongful death claims for over 70 years. Many of these deaths stem from negligence in car accidents. We also handle slip and falls, hotel injuries, and nightclub batteries. In our practice since 1954, we have successfully resolved over 10,000 cases, recovering in excess of $150,000,000 for our clients.
Contact our office today for a free consultation or case evaluation at (202) 331-7227.
