Husel was acquitted on murder charges earlier this year, tied to the overdose deaths of 14 patients to whom Husel said he was providing “comfort care.”
While multiple estates of deceased patients that sued Husel and his former employer settled out of court, 10 cases are still pending.
According to court records, Husel spent 10 days, beginning in August, providing a videotaped deposition. In September, after the deposition, Husel’s attorneys filed a motion to seal all video and transcripts from that deposition.
In that motion, attorneys argue that making the information public will, “cause Defendant embarrassment, oppression, undue burden, and unfair prejudice.”
The attorneys claim there is no legitimate reason for the deposition to be a public record.
In a response filed Tuesday, the plaintiffs’ attorney, David Shroyer, argues the opposite.
“This should be open to the public,” Shroyer said. “It’s a case of public interest and we shouldn’t be hiding. We shouldn’t be hiding behind confidentiality orders.”
Shroyer said in his decades-long career practicing law, he has never handled a case in which an entire deposition was sealed. He said the public could benefit from the information contained in Husel’s deposition.
“How do we prevent this from happening again?” he said. “What kind of policies and procedures should have been in place that weren’t? What is the thinking of the physician? How do we, how do other hospitals learn from this to make sure they have in place systems that will prevent this from ever happening again?“
Shroyer said the deposition contains new information in the case, not disclosed during Husel’s months-long criminal trial. Shroyer could not share that information because a judge has not yet decided on whether it’s confidential.
NBC4 reached out to Husel’s attorney, Gregory Foliano. A paralegal for Foliano said he is “not taking calls” from reporters inquiring about the Husel case.
While Mount Carmel is named as a defendant in the patients’ lawsuits, this particular argument does not involve the health care provider.