Husel’s attorney wants stay on civil case until criminal case is over

Wife of former Mount Carmel doctor named in lawsuit
Dr Husel's attorney asks for some stipulations

COLUMBUS - An attorney representing Dr. William Husel is asking a judge to stay all discovery and all proceedings in a wrongful death lawsuit until a pending criminal investigation is completed, 10 Investigates has learned.

That request was filed Tuesday by Greg Foliano, Dr. William Husel’s civil attorney.

Attorney David Shroyer, who represents some of the families of the 34 patients who died, had filed a request to depose and question Dr. Husel on the record as part of his discovery for his civil cases.

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Husel is alleged in 11 wrongful death lawsuits to have ordered excessive or “grossly inappropriate” amounts of fentanyl. Mount Carmel hospital has said that 34 patients were impacted by the excessive doses – 28 of them are believed to have received fatal doses of fentanyl. The other six are said to have received levels that “went beyond providing comfort” but the hospital contends the doses were likely not the cause of their deaths.

Husel has not been charged with a crime and has declined to comment. But both the Columbus Division of Police and the Franklin County Prosecutor’s Office have acknowledged that they have an ongoing criminal investigation into the matter.

Husel’s civil attorney, Greg Foliano, filed this response on Tuesday stating that Husel would be “exercising his Fifth Amendment privilege against self-incrimination during the pendency of this criminal investigation in response to all questions posed by Plaintiff and other parties.”

Foliano alleges in this motion that he let Shroyer know that Dr. Husel would not be made available for a deposition at this time.

“Mr. Shroyer, as a practicing attorney and officer of the court, should know that Dr. Husel has constitutional rights,” the motion says. “He should know that having Dr. Husel sit for a deposition at this time could violate those rights. Any decent practicing attorney would know the law.”

Tuesday night Shroyer said that he will be filing a response tomorrow.

He said there are questions that are relevant to this case, that would not affect Husel’s civil rights.