Westhead Files Defamation Lawsuit Against Gathers Family Attorney

Denver Nuggets Coach Paul Westhead today filed a $1-million defamation suit against an attorney for the family of Hank Gathers, who died while playing for Westhead last year at Loyola Marymount.

The lawsuit, filed against Bruce G. Fagel in Philadelphia Common Pleas Court, claims Fagel has publicly made false allegations about Westhead’s connection to Gathers’ death, including “that if it were not for Paul Westhead, Hank Gathers would be alive today.”

Fagel represents the Gathers family in a $32.5-million wrongful-death lawsuit pending in Superior Court in Los Angeles. That lawsuit names Westhead among 14 defendants.

The lawsuit filed today by Westhead’s attorney, Richie Phillips, cites remarks by Fagel in a news conference about the case.

Gathers died last March 4 at the age of 23, an hour and 40 minutes after collapsing during a game at Loyola Marymount.

An autopsy found a heart disorder caused his death. Gathers had been treated for an irregular heartbeat but was allowed to keep playing.

Gathers’ family has a $32.5-million wrongful-death lawsuit pending in Superior Court in Los Angeles, claiming Loyola and other defendants were negligent in Gathers’ death.

In that lawsuit, the family accused Westhead of asking Gathers’ doctors, with the university’s knowledge, to reduce or change his medication to improve his play “without regard to the physical detriment to (Gathers) and with a conscious disregard for his life and safety.”

Westhead has denied the allegations, saying he was “never a part of the medical decisions concerning Hank.”

“There were plenty enough doctors who took part in the treatment of Hank Gathers, in the determination of Hank Gathers’ future,” Phillips said. “Certainly they didn’t need a basketball coach to tell them how to be treating Hank Gathers. It didn’t happen.”