NEW YORK -- A Manhattan jury Friday awarded the family of former Boston Celtics owner Robert Schmertz $11.6 million in damages, finding Schmertz died in 1975 due to the negligence of a hospital and an anesthesiologist.
Schmertz, 48, died at Columbia Presbyterian Medical Center eight days after undergoing surgery to correct slight bleeding within his brain, caused by a congenital defect. He suffered post-surgical respiratory difficulties, lapsed into a coma and died July 23, 1975.
Schmertz was an owner of the Celtics in 1972-75. He also was a founder of the World Football League and part-owner of the New England Whalers, who later moved from Boston to Hartford.
Schmertz' family filed the suit in 1977 but it did not come to trial until January due to requests for delays.
The six-member Manhattan Supreme Court jury took just three weeks before deciding against the hospital and anesthesiologist Richard Matteo, whose lawyers argued that Schmertz's death was due to complications during the surgery.
The jurors awarded the family $5.05 million in damages and $6.55 million in interest.
The $11.6 million will be awarded to Schmertz' wife Phyllis and three children from an earlier marriage; two of the children are handicapped.
The law firm of Kramer, Dillof, Tessel, Duffy and Moore released a statement bythe family, stating, 'Our unwavering belief - that the untimely death of our father was needless - has been vindicated. In this instance, justice delayed was very definitely not justice denied.'
Attorney Thomas Moore argued Schmertz began showing signs of breathing problems and an abnormal heartbeat while in the recovery room. Testimony indicated a recovery room nurse wrote a note about Schmertz's problems but no action was taken by the anesthesologist or medical staff.
Moore presented evidence he said showed the hospital tried to cover up the circumstances surrounding Schmertz's death by misplacing evidence, including x-rays and medical charts.
