Lawyer Says Westhead Deposition Refutes Fagel Claim

Richie Phillips, attorney for Paul Westhead, said that in no place in Westhead’s deposition does the former Loyola Marymount basketball coach say he asked Hank Gathers’ cardiologist for a reduction in medication.

Phillips’ response came a week after Bruce Fagel, the attorney representing Gathers’ family, said that if it were not for Westhead, “Hank Gathers would be alive today.”

But in excerpts of Westhead’s deposition supplied to The Times by Phillips, Westhead did not ask for a reduction. The Times has not read the full deposition because attorneys for Loyola wished to place restrictions on information unrelated to this issue. Gathers collapsed March 4 while playing basketball and died shortly thereafter. The level of Gathers’ medication at the time of his death has not been proven to be the cause of his death.

The depositions were taken in connection with a $32.5-million suit filed against Westhead, Loyola and 12 other defendants.

Fagel said last week that Westhead had asked Gathers’ cardiologist to reduce his level of medication. Fagel said Westhead admitted his request in deposition testimony, and that it was corroborated in the depositions of Gathers’ mother, Lucille Gathers, and Gathers’ cardiologist, Dr. Vernon Hattori.

In Lucille Gathers’ deposition, she states that Westhead told her he was going to ask Hattori to lower Gathers’ medication a week before Gathers died. Hattori’s deposition is not complete and was not made available by attorneys.

Fagel clarified his position Thursday, saying that Westhead’s deposition coupled with Hattori’s drew him to that conclusion.