Father wants daughter's cause of death changed to homicide
By Mike Johnson of the Journal Sentinel
A man whose daughter never regained consciousness and later died in 2003 after she was given excessive amounts of the same anesthesia drug involved in Michael Jackson's death is asking the Waukesha County medical examiner's office to change the cause of her death to homicide.
Julie Rubenzer, 38, stopped breathing Sept. 25, 2003, while undergoing breast implant surgery at a doctor's office in Florida. The 1984 graduate of Waukesha South High School died three months later at a Brookfield nursing home.
Florida records show that Rubenzer received excessive amounts of the anesthetic propofol during surgery.
The plastic surgeon, Kurt Dangl, lost his medical license as a result, according to an order issued by a Florida administrative law judge in February 2005.
The Waukesha County medical examiner's office determined that Rubenzer died from a lack of oxygen as an accidental complication of surgery. The medical examiner's officer listed her manner of death as an accident.
In the Jackson case, the Los Angeles County coroner recently ruled Jackson's June 25 death a homicide after forensic tests showed propofol combined with at least two other drugs caused him to die. Physician Conrad Murray gave the drugs to Jackson, according to court records.
Don Ayer, Rubenzer's father, said that when he saw news reports that Jackson's death was a homicide, he decided to ask the Waukesha County medical examiner to change his daughter's death certificate.
In a letter to Medical Examiner Lynda Biedrzycki, Ayer states, "Julie's death was a result of reckless and egregious malpractice. Had she been a prominent person, such as Michael Jackson, there would have been a criminal charge, and the cause of death would have been 'homicide.'"
Biedrzycki said she received Ayer's letter Wednesday and will give his request serious consideration.
She added, "He's comparing it to the Michael Jackson case. What do I know about the case except what is in the newspaper?"
Biedrzycki said that when she ruled Rubenzer's death an accident, she did so after reviewing pages and pages of medical records from Florida.
At the time, though, the administrative hearing on whether to revoke Dangl's license had not been held. Biedrzycki said she would review the records from the administrative hearing, which Ayer submitted along with his letter.
No criminal charges were filed against Dangl in Florida in the Rubenzer case. Dangl had a cosmetic surgery center in Sarasota, Fla.
The state attorney's office in Sarasota County investigated and officials found no evidence that Dangl was intentionally negligent in Rubenzer's death.
Florida health investigators said Dangl tried to function as both surgeon and anesthesiologist and administered such high doses of anesthesia that it caused the patient to stop breathing.
In addition to the propofol, Rubenzer was given several other drugs, including Demerol, Valium and Versed. Demerol is a pain medication and Valium and Versed are sedatives. All three medications can decrease respiration.
Even if his daughter's cause of death is changed to homicide, Ayer said he is not sure "where that would take us."
But he said he would continue to push for tougher laws, perhaps at the federal level, on the use of anesthesia during office surgeries.