Westhead Sues for $1 Million : Jurisprudence: Former Loyola Marymount coach says Gathers’ family lawyer defamed him in a news conference by blaming him for Gathers’ death.

The embittered legal aftermath of the death of Hank Gathers took an unusual yet predictable twist Thursday when an attorney for Paul Westhead, the former Loyola Marymount basketball coach, filed a $1-million defamation-of-character suit against the attorney who represents the Gathers’ family.

The complaint alleges that Bruce Fagel, a Beverly Hills attorney, publicly made false allegations about Westhead’s connection to Gathers’ death, among them “that if it were not for Paul Westhead, Hank Gathers would be alive today.”

Fagel represents Gathers’ mother, Lucille, brothers Derrick and Charles and an aunt, Carole Livingston, in a $32.5-million wrongful-death suit filed against Westhead, Loyola and 12 other defendants, among them the doctors who treated Gathers. Westhead is now the coach of the Denver Nuggets.

Westhead’s suit was filed in Philadelphia Common Pleas Court by Richie Phillips, the general counsel of the Major League Baseball Umpires Assn. Phillips is Westhead’s personal attorney.

Phillips, who was asked by Westhead to represent him two weeks ago, was expected to take some action. It is unusual for an attorney to be sued.

Gathers, a Loyola basketball player, collapsed March 4 while playing in a West Coast Conference tournament game and died shortly thereafter. An autopsy determined the cause of death to be cardiomyopathy, a heart disorder.

Phillips says the suit was filed because of remarks made by Fagel at a news conference in Los Angeles on Jan. 8, when Fagel blamed Gathers’ death on alleged actions by Westhead. Fagel charged that Westhead instigated a reduction in dosage of Gathers’ heart medication, Inderal, which Fagel claims led to Gathers’ death.

Westhead has repeatedly denied any involvement in Gathers’ medical treatment.

“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.”

Inderal--a beta-blocker that helps slow the heart rhythm--can cause a side effect of sluggishness. Gathers’ dosage apparently was reduced four times, from 200 milligrams to 40 milligrams daily, during a two-month period. The last reduction occurred Feb. 26, seven days before Gathers died. It has not been proven that the dosage of Inderal was the cause of Gathers’ death.

Also at the news conference Jan. 8, Fagel claimed that Vernon Hattori, Gathers’ cardiologist, Lucille Gathers and Westhead each acknowledged in deposition testimony that Westhead was the impetus for all but the first reduction in Gathers’ medication.

But in excerpts of Westhead’s deposition, obtained later by The Times through Phillips, there is no reference to Westhead asking for a reduction of medication. In these excerpts, Westhead acknowledged only that he had had conversations with Hattori regarding Gathers’ performance and other issues, which he said included discussions about his medication.

Lucille Gathers, in her testimony, supported Fagel’s claim. She said that in a meeting called by Westhead eight days before Gathers died, Westhead told her that her son was not rebounding well enough, and he was going to ask Hattori to reduce Gathers’ medication. Lucille Gathers said she objected.

Fagel later clarified his statements made at the news conference, saying Hattori’s deposition together with Lucille Gathers’ and Westhead’s drew him to his conclusion that Westhead’s actions led to Gathers’ death.

“I base (my statement) on Hattori’s statements in his deposition that if Westhead had not called him and derided Hank’s play, he probably wouldn’t have considered lowering the medication,” Fagel said Thursday.

According to an excerpt of Hattori’s Aug. 4 deposition, provided to The Times by Fagel, Fagel asked Hattori: “My specific question is, had you not received the phone calls from Coach Westhead after Jan. 8 (1990), based solely upon your doctor-patient relationship with Hank Gathers and what he (Gathers) was telling you, directly to you, uninitiated by a third party, about how he was feeling, were you considering reducing his medications on the information that Hank Gathers alone was giving you, not precipitated by a third party after Jan. 8?”

Hattori replied: “Probably not.”

Westhead’s suit brings the total number of lawyers involved to 30 and seven law firms.

Martin Krimsky, the attorney representing Gathers’ estate and Aaron Crump, Gathers’ 7-year-old son, is attempting to arrange a settlement conference in March or April. Krimsky has sued the same 14 defendants on behalf of Crump and the estate. The suits have been consolidated and, barring settlement, will be tried as one case, scheduled for Sept. 3.

Phillips said that he does not expect the case to be settled.

“I expect it to go to trial and for Paul Westhead to be vindicated,” he said.