APNewsBreak:
Jackson wrongful death case refiled

[December 01, 2010]  LOS ANGELES (AP) -- Michael Jackson's father refiled a wrongful death lawsuit Tuesday against the doctor charged in his son's death and added as a defendant a Las Vegas pharmacy that records show sold the physician a powerful anesthetic blamed for his death.

The lawsuit seeks unspecified damages against Dr. Conrad Murray, who has pleaded not guilty in the separate criminal case to involuntary manslaughter in the singer's June 2009 death.

Joe Jackson initially filed his case against Murray in federal court on the first anniversary of his son's death. A judge, however, refused to hear the case and said it should be handled in state court, where it was refiled Tuesday.

"This has been a long process and the facts of Michael's death have been way too slow in emerging," said Joe Jackson's attorney, Brian Oxman. "There is still much to discover and we're going to find it out."

The lawsuit also names Applied Pharmacy Services, which court records show sold Murray the anesthetic propofol during the month before the singer's death. The pharmacy is accused of selling Murray excessive quantities of the anesthetic, which is normally administered in hospital settings.

Authorities have said the sale was legal.

A receptionist at Applied Pharmacy Services declined comment and refused to give her name. Miranda Sevcik, a Murray spokeswoman, said the refiling of the case was expected.

"We'd like to remind people that Dr. Murray has not been found guilty of anything, and we believe his innocence will be proven in a court of law," Charles Peckham, an attorney for Murray, said in June when the case was initially filed.

The Los Angeles County coroner has blamed Jackson's death on propofol intoxication and ruled it a homicide.

Applied Pharmacy's sales of propofol to Murray were revealed in search warrants unsealed in Las Vegas in November 2009. At the time, authorities said a doctor licensed in two states can buy propofol in one and administer it in another.

Murray is licensed in California, Nevada and Texas -- all of which have restricted his medical license to some extent since the allegations surfaced in the death of Jackson.

Attorneys for Murray have said he did not give Jackson anything that should have killed him.

Joe Jackson's lawsuit claims Murray was negligent in administering propofol to Jackson, and he did not tell paramedics or an emergency room doctor that he had given the singer the drug.

The case could be consolidated with a lawsuit filed by Michael Jackson's mother, Katherine, against concert promoter AEG Live.

That suit claims AEG and its agents told Michael Jackson the company would provide medical equipment and hire Murray to care for him as he prepared for comeback concerts in London.

AEG has said through an attorney that Katherine Jackson's lawsuit is without merit.

[Associated Press; By ANTHONY McCARTNEY]

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