The attorney representing Dr. William Husel in a series of wrongful death lawsuits is seeking to delay those cases until after the pending criminal investigation is over.
In a motion filed Tuesday afternoon in the case filed by the family of David Austin, Husel’s attorney, Gregory Foliano, is seeking to delay the discovery process, depositions and all proceedings in the case against Husel. Foliano is also seeking a protective order against the plaintiff.
According to Foliano, even if the depositions were to take place, Husel would exercise his 5th amendment rights and refuse to answer questions.
Foliano also said the timing of a notice for deposition was inappropriate.
On January 25, 2019, before Defendants had an opportunity to file an Answer or even conduct any initial investigation in the claims, Plaintiff’s counsel David Shroyer unilaterally noticed the deposition of Defendant Husel. Undersigned counsel explained that Dr. Husel will be asserting his constitutional rights in the civil cases and could not be made available for a deposition at this time. Instead of withdrawing the notice, Mr. Shroyer simply resent it to defense counsel. Mr. Shroyer, as a practicing attorney and officer of the court, should know that Dr. Husel has constitutional rights. 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. Any decent practicing attorney would know there is no good legal reason for noticing the deposition at this time. Mr. Shroyer’s reason must be a personal one: his need for attention’. For these reasons, along with
the stay, a protective order is requested.
Several wrongful death lawsuits accuse Husel of causing the death of patients at Mt. Carmel West Hospital by administering lethal doses of fentanyl. The hospital and several other staff members are also named in the lawsuits.