COLUMBUS, Ohio — A witness in the murder trial of Dr. William Husel is expected to be recalled to explain how he learned that Husel was the only physician in Mount Carmel West’s intensive care unit to use large doses of fentanyl when removing patients from life support.
Former Mount Carmel administrator Dr. Larry Swanner testified that he learned through a hospital report that Husel was the sole critical care doctor using 500 micrograms of fentanyl or more when performing palliative extubations – the removal of breathing tubes from critically ill or dying patients.
But Husel’s attorneys have raised objections over Swanner’s testimony and how he knows that - given that he was placed on leave in early 2019 and later fired in July of that year.
Husel’s attorney Jose Baez also objected to statements made by another physician with Mount Carmel’s parent company Trinity Health. Baez’s objections centered around if the physicians’ testimony was leaning on privileged and confidential hospital information when providing their testimony.
As a result, Judge Michael Holbrook has ruled that Swanner will be recalled to testify to clarify his knowledge and that attorneys should avoid eliciting information from witnesses based on privileged information.
Jurors were sent home early Thursday after objections were raised by Baez, who tried unsuccessfully to get a mistrial declared earlier in the day. Judge Michael Holbrook overruled the motion.
Husel is accused of ordering large doses of fentanyl be given to 14 patients under his care. He’s pleaded not guilty. His lawyers say he was providing comfort care to patients in the final moments of life.
Mount Carmel initially identified 35 patients who they claim received “excessive” or “potentially fatal” doses of medications. Prosecutors initially chose to focus their criminal investigation on 25 patients – those who got 500 micrograms of fentanyl or more.
But ahead of the trial, they dismissed 11 murder charges – now focusing mostly on those who received 1,000 micrograms or more.
The hospital identified at least five patients whose conditions they claim could’ve improved with additional medical care. Three of those patients – Troy Allison, Nick Timmons and Beverlee Schirtzinger – are still named as patients in the criminal case, according to court records obtained by 10 Investigates.