Attorneys want to depose Mount Carmel nurses, pharmacists; lawsuit re-filed

File photo - Mount Carmel West (WBNS-10TV)

COLUMBUS (WBNS) – Attorneys representing the families of Mount Carmel patients want to depose more than 40 nurses, pharmacists and their managers connected to the patient overdose scandal, according to court filings posted Tuesday.

The move comes after an appeals court ruling earlier this month that shot down requests by attorneys for Mount Carmel Health System and Dr. William Husel to delay the wrongful death lawsuits from moving forward while Husel’s criminal trial is still pending.

Husel is facing 25 counts of murder, accused by prosecutors of ordering fatal doses of fentanyl for the near death patients under his care in Mount Carmel West’s intensive care unit. Husel has pleaded not guilty to the charges. His previous criminal defense attorney said that Husel was providing comfort care and did not intend to kill those patients.

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Meanwhile, a civil lawsuit involving the first named patient in the overdose scandal, Janet Kavanaugh, was re-filed Tuesday. The lawsuit was previously removed for an unknown reason but has since been re-submitted with the court.

The scope of the scandal involved 35 patients who were under Husel’s care. But prosecutors chose to focus their criminal case on 25 patients who received 500 micrograms of fentanyl or more. Franklin County Prosecutor Ron O’Brien has previously said the amounts were excessive.

To date, 31 lawsuits have been filed against Husel and the hospital system. Mount Carmel has paid out more than $13 million in settlements thus far, according to probate records.