The court document can be found here:
For the most part I am not going to explain this contract as it is pretty much self-explanatory but I want to highlight some points that should be made.
"But AEG, despite its knowledge of Michael Jackson's physical condition, breached those duties by putting its desire for massive profits from the tour over the health and safety of Michael Jackson."
It is important to note that though Michael died rather healthy besides suffering from a chronic yet mild lung disease, his physical ailments were considered "acute" meaning they were brought on suddenly by Murray's medical "treatment".
"...his (Murray's) sole and exclusive job being to make sure Michael Jackson got to rehearsals and shows."
You do not pay a cardiologist $150,000 a month to make sure someone gets to rehearsals and shows. You pay an assistant some value much less $150,000 a month to make sure someone gets to rehearsals and shows. I understand the point being made is greater than how I am interpreting it but if Michael was in not able to make it to rehearsals then the root of that problem should have been addressed and treated appropriately yet his problems including malpractice and stress/threats which caused him to miss rehearsals were overlooked while he continued to be pushed beyond reasonable limits which further escalated the problems.
See my blog on the AEG CONtract:
Please remember that the AEG CONtract specified that Michael first and foremost was to repay an advancements to AEG--his income was to come second which may hold truth to the claim Michael feared he would come back to London with no money. Furthermore, knowing that the Sony/ATV catalog was up for collateral shows that AEG had a grip on the main source of Michael's income and means of supporting his family, including his children. Collateral is not typically needed for a touring artist according to an anonymous poster on my blog regarding AEG's CONtract.
"In early May 2009, AEG complained to Michael Jackson that he was missing rehearsals and states it was because of a negative health condition related to prescription medications. AEG instructed Michael Jackson to stop seeing and taking medications from his current doctor and to instead start seeing a doctor that AEG would provide."
Who was Michael's current doctor? Prescriptions found at the home include: Zanaflex and prednisone from Dr. Klein, clonazepam from Dr. Metzger and Zithromax and amoxicillin from nurse Cherilyn Lee. None of these prescriptions would alert a pharmacist, nurse or doctor of a serious issue. In turn, the numerous medications provided by Murray, most of which were obtained without a prescription or medical/DEA license number, would be alarming to anyone including authorities.
"The written confirmation stated AEG would provide Murray with Cardio-Pulmonary Resuscitation equipment and a nurse during his services."
According to ABC news the CPR machines were to be provided in London, not Los Angeles. What was the plan in the meantime, then? Regardless of this request Murray could have had a nurse, AED, CPR machine and anesthesiologist on board but it would not have made a difference as a) you never give propofol in a house and b) you do not give it for insomnia. A CPR machine or AED would be only useful if someone is suffering from a fatal heart arrhythmia (heart beat) such as ventricular tachycardia. Propofol does not cause fatal arrhythmias--it causes people to stop breathing and their blood pressure to drop, usually temporarily. If Murray felt the need to give propofol and multiple benzodiazepines to Michael regardless of common medical sense telling you not to do such then he needed to be able to intubate Michael and have a ventilator or bag-valve mask with oxygen on hand to treat apnea (lack of breathing) and perhaps a medication to combat the hypotension--not a CPR machine.
From the ABC article:
"The medical supplies in question were requested by Dr. Murray for use specifically in London in the event an unexpected need arose. When asked why these supplies were needed, Dr. Murray said that Michael Jackson was in excellent health but an artist of his stature should have this equipment on-hand when engaging in this type of performance. Dr. Murray did not ask for these items for use in Los Angeles."
A doctor, regardless of specialty, would know better than to give three benzodiazepines and propofol, all respiratory depressants, to a patient especially for insomnia. I am not even sure this combination would be used in surgery. I am not even sure if Michael would know what on earth he was receiving at night. Furthermore, how did Murray intend to supply Michael with treatment in the UK since he apparently holds no license in the country? He would then be paid $150,000 a month to do what exactly given his care would be restricted if not completely barred?
"At the June 8, 2009, meeting AEG demanded Michael Jackson stop seeing Dr. Arnold Klein and stop taking the drugs Klein gave to him. AEG said Klein's drugs made him sleepy and prevented him from rehearsing. AEG demanded Michael Jackson take only the medications given to him by Murray."
I do not know what drugs Klein was giving to Michael while in the office. Klein has admitted to giving bolus doses of Demerol or Percocet tablets to Michael while performing various facial procedures including botox injections and dermal filling procedures to his face and scalp. This at face-value would be considered appropriate use of these medications. Demerol and Percocet both can cause sedation/drowsiness. However, considering home use, nothing Klein prescribed to Michael would cause alarm or concern. Rumors of Demerol and opioid abuse have swirled since Michael died. There were no opioid (painkillers) found in the house nor were they found in the toxicology screening. This is not consistent with an addiction or abuse of these medications. Concerning Demerol, based on the half-life of the parent drug and its metabolites, it had been at least a week since Michael had had any Demerol if not longer which is not consistent with addiction or abuse, either. AEG demanding Michael take medications given to him by Murray was demanding Michael to allow Murray to kill him.
"On June 18, 2009...Murray had been rendering his services to AEG under the May 8, 2009 oral Agreement."
What kind of company bases services on an ORAL agreement especially when $150,000 a month is at stake? What all was contained in that ORAL agreement? Problem with an oral agreement is there is no establishment of proof.
Again a nurse and CPR machine would not deem Murray's "care" appropriate at any time, even if performed in a hospital. The CPR machines were apparently requested for London not Los Angeles.
"Michael had no right to terminate the Agreement (between AEG and Murray)."
Michael was not given the right to direct who provided him with his own medical care when he was an adult of sound mind regardless of apparent times of issues? What does this say to the public, then? What right does AEG have to direct medical care when to the best of my knowledge none of them are physicians?
"Late on the evening of June 18, 2009, Murray attended to Jackson and gave him a cocktail of Valium, Ativan, Versed and Propofol in order to get him to sleep."
Do we have proof of this? What had he given "similar" before? Did Michael even know how his insomnia was being treated given he was being given IV meds possibly against his own will or knowledge? Something does not make sense with this as one needs to know how the propofol was being given. If being given by bolus dosing then propofol was not keeping him sedated/asleep--rendering it basically useless. Also, the prescription for Valium was not even written until June 21, 2009. It may have been picked up that day or at a later date. There is no record of the purchase of Valium before June 21, 2009 according to the autopsy report.
Just based on all the information contained in this document it is an understatement to say Michael was under enormous stress which could have been attributing to his physical issues coupled along with the serious over-medication done physically to Michael by Murray.
The description of Michael days before he died is distressing to say the least. How could a man in such a condition be forced to continue to perform and rehearse? Why did no one take him to the hospital given he was also being controlled and could have apparently been forced to go? In Joe Jackson/Brian Oxman's claim it is stated that Michael began having issues such as confusion, etc. in May and June--specifically correlating with Murray's arrival and "treatment". If AEG was directing medical care through Murray it was their responsibility to get him to a hospital to be evaluated but instead they kept going, kept filming, kept pushing Michael. If they anticipated on him performing in London would you not do anything possible to ensure that your performer was okay (and remained alive) when obviously there were problems? Michael was not only abused but neglected and then killed.
"AEG's control of Jackson's person was further extended by the drugs being administered by Murray, which weakened Jackson's physical and mental health, rendering him vulnerable, confused, and subject to direction. AEG knew or should have known that Jackson's physical health was deteriorating."
AEG should have also known that Michael's mental health had never recovered from 2005 and they were placing unrealistic demands on a 50 year-old man. I cannot believe AEG would have assumed Michael could have performed any shows as he had stated repeatedly he hated to tour, had no plans to tour again and had not toured again since 1997 nor performed in years, either.
" AEG had a special relationship with Michael Jackson in that they were working closely together to put on a complex and lengthy worldwide concert series."
If so, then why was only the London O2 arena named as venue for a lengthy contract? Someone correct me if I am wrong.
"So that it could reap its staggering profits from the Tour, AEG instructed Michael Jackson that he was to no longer listen to his treating physical and to immediately (and without medical consultation) stop taking medication prescribed by that physician."
What medications and what physician? Michael's medications from his home, some of which were leftover bottles from the previous year, were of no concern or alarm! A company has NO right to tell a patient to stop taking medications. Everything Murray did was the problem--he was the root of the problem and AEG HAD to have known that.
"AEG required that Michael Jackson be "treated" only by their employee physician, Murray, who they had agreed to pay $150,000 a month with other benefits with other benefits with his sole duty being to do whatever it took to get Michael Jackson to rehearsals and shows, as well as physically accompany him to those rehearsals and shows. By requiring Jackson to be treated by a specific doctor -- a doctor that AEG was instruction to simply make sure Jackson gets to rehearsals and shows -- under threats to Jackson that it would essentially ruin his career, AEG committed independent negligence against Jackson."
Is this what was supposedly under the oral agreement? This makes no sense asking this of a physician nor does it make sense to expect someone to make it to rehearsals and shows while being over-medicated at night by depressant drugs. If Michael's chief complaint was his inability to sleep then why was a sleep disorder specialist not called in for a consultation? That is what one would do if they cared or wanted their performer to see the light of day.
"The AEG defendants and DOES 1-75 were involved in a civil conspiracy to commit these wrongs against Michael Jackson."
Does this not also appear to be a criminal conspiracy as well?
"During the course of Murray's treatment, it became clear to AEG that Jackson was not doing well at all. AEG did nothing to terminate Murray and instead negligently retained him as an employee, and in so doing violated its duty of care. AEG insisted that Jackson continue treatment with Murray and receive no treatment from other physicians, a further breach of its duty of supervision."
If he was "not doing well at all" then why did AEG not seek treatment by someone else? Murray is a cardiologist and at no time was Michael suffering from heart disease--Murray's sole scope of practice. It makes no sense to have hired him in the first place. Though some reports state Michael wanted a doctor to provide him with propofol this seems to be somewhat questionable, too. Joe Jackson/Oxman's claim state that Murray solicited his services. Klein has stated that Michael called his office still seeking a doctor/anesthesiologist just before he died. Michael had nurse Cherilyn Lee called, not Murray, on Father's Day when he was concerned about his health though Murray was suppose to be his primary (and sole) physician. Murray also did not seem to be clear on whether or not he would be leaving with Michael to London according to him through one of his own infamous phone calls.
"Indeed, AEG instructed its employee Murray to do whatever it took to make sure Jackson attended rehearsals and shows; in other words Murray was instructed not to look out for Jackson's best interests, but rather to do whatever medical procedures were calculated to get Jackson to perform."
Even if Murray was ordered to do whatever to get Michael to rehearsals it does not explain his choice of treatment for Michael's insomnia which any physician would know would eventually kill someone. It also does not explain his apparently abandonment of his patient even if for 2 minutes, his failure to have something as simple as a bag-valve mask available which he should not have had to relied on AEG for, his apparent failure to utilize a pulse-oximeter, his failure to call 911 in a decent amount of time (90 minutes is not decent to say the least), his failure to call 911 first, etc. What right did AEG have in telling Murray how to practice medicine? Would AEG even understand how Murray was "treating" Michael? Regardless, AEG should have known something was WRONG given how Michael appeared at times. It would seem also that if AEG wanted Michael alive and to show up for rehearsals they would have consulted other physicians to tend to Michael as his needs were regarding insomnia and likely depression/stress--two things neither Murray nor AEG were qualified to treat but could have had treated by a qualified professional in less than 24 hours.
Furthermore, AEG should not have been demanding things from Michael and had him in a position where he if he did not do as they said he would lose not only his career but his life.
"AEG did not provide a doctor who was truly looking out for Jackson's well-being and did not provide equipment."
Some equipment could have been provided by Murray himself. A CPR machine would only have been able to have been utilized in a worse-case scenario when such a scenario should have never been allowed to have happened. A CPR machine would only have given whomever a false sense of security.
"For example, Murray used propofol as an agent to treat Jackson's insomnia on an outpatient basis without proper resuscitation equipment or personnel, did not properly administer the drug propofol (as well as numerous other drugs) to Jackson, did not properly supervise Jackson, and did not properly act upon discovering Jackson had stopped breathing on June 25, 2009. Indeed, by some accounts, Murray waited over an hour and a half to call 911 after discovering Jackson had stopped breathing. Additionally, upon arriving at UCLA emergency room, Murray did not give the attending physician an appropriate history."
Regardless of where--propofol is never, ever used to treat insomnia. Just reading the statements above, does all of those events alone sound accidental?