May 21, 2012
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Reporter: Crystal Galny Email

Doctor Found Not Negligent in Aggie Football Player's Death

A College Station doctor is not responsible in the death of an Aggie football player. That's according to jurors in the civil trial surrounding the death of Brandon Fails.

It took jurors three and a half hours Wednesday to decide that Dr. Richard Smith was not negligent in treating the 18-year-old prior to his death in 2002.

Dr. Smith was being sued by the parents of Brandon Fails, who say he improperly diagnosed their son with an upper respiratory infection.

Fails died from a blood clot that originated in his leg following knee surgery.

The attorney for Fails' parents, Darrell Keith of Fort Worth, said his clients were disappointed with the verdict, but they respect the jury system and greatly appreciate their (jurors) time and service.
Keith said the Fails are considering their options which include a potential appeal.

In 2008, a lawsuit against Texas A&M, its trainers and athletic officials was dropped by the family.


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