GULFPORT, Miss. (AP) - The six-week Medicare fraud trial involving a south Mississippi businessman, his wife and two business associates has been delayed.
U.S. District Judge Henry T. Wingate adjourned court Thursday after he felt faint. His staff summoned emergency medical technicians to chambers, over his protests, and they determined the 73-year-old jurist’s blood pressure was very low. He also was experiencing intense cramps, The Sun Herald reported.
It was later determined Wingate was dehydrated and needed fluids, the newspaper said. He said he was at fault for exercising nightly after court, walking for miles, and not drinking enough water. As a result, he said he had to end court over his health - something he has never done in his 35 years on the federal bench.
Former Gov. Ronnie Musgrove, lead attorney for the defendants, did ask, “Your honor, you’re not admitting you’re a bad patient are you?”
“I’m awful,” Wingate said.
Both the prosecution and the defense decided Monday would be the best day to resume court. That way, the jury wouldn’t be leaving for the weekend after hearing closing arguments Friday.
“I’m very embarrassed over this,” the judge said, asking attorneys for both sides if they objected. They did not.
Wingate also apologized to the jury for the delay.
“I exercise a lot,” he said. I’m sort of a poster boy for physical fitness. I’m not supposed to be sick. If my exercise buddies get wind of my ailment, I’ll never live it down.”
“Forgive me for it,” he told the jury, “and I’ll see y’all at 9 o’clock Monday.”
On trial are Ted and Julie Cain, defendants in a civil lawsuit claiming they defrauded Medicare of $13 million for their work at Stone County Hospital. The U.S. government joined the whistleblower lawsuit in 2015 to try the charges directly.
If jurors find for the government, the Cains could be forced to pay $39 million, including the Medicare reimbursements plus triple damages. A former hospital executive, James Aldridge, brought the charges, and would get a share of the money under the federal False Claims Act.
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