Dr. David Fowler successfully raised a lot of blood pressures with his testimony for the defense in the Derek Chauvin murder trial. He also successfully raised doubts in his competency as well. An open letter signed by at least 458 physicians asking that a review of all in custody cases taking place between 2003 and 2020 was sent to the United States and Maryland Attorneys General offices. The request includes that an independent panel of pathologists review the cases and confirm that a correct conclusion was made as to cause of death for each of the cases.
There were two main issues raised by the letter. The first was that there was no medical evidence that George Floyd’s death was caused in any way by the presence of carbon monoxide. The second issue is that it was inappropriate to classify Mr. Floyd’s death as undetermined. The doctors also reviewed two medical journal articles examining conclusions reached by the Maryland Office of the Chief Medical Examiner (OCME). The fact that Dr. Fowler came to these incorrect conclusions, combined with these articles led them to conclude that, “There is a genuine concern that there may be an inappropriate classification of deaths in custody by the Maryland OCME as either Accident or Undetermined to purposefully usurp a manner of death classification of Homicide.” If I am reading this correctly, it means that these doctors are seeing conclusions from in-custody deaths that are not consistent with accepted medical practices. Further, there is doubt as to their scientific accuracy, and that there is the real possibility that these conclusions are intended to prevent accusations that the deaths were the result of homicides.
As a result of this letter, the Attorney General of Maryland has agreed to an independent review of in-custody death conclusions made under the tenure of Dr. Fowler.
Its not clear at this point (from what I’ve read) how that investigation will take place, the depth of the investigation, or how far back they will go. The announcement was just made this week, so the logistics are still being worked out. A numbers of corrective measures were requested in the letter, which essentially accuses Dr. Fowler of malpractice. Among these steps are an independent multi-disciplinary panel to evaluate in-custody deaths, a new box on death certificate’s indicating an in-custody death, and a review of Dr. Fowler’s medical license. The article does not state whether any of these other options are also being considered, either by the state or by federal authorities.
It will be interesting to see exactly how the investigation unfolds, but Dr. Fowler’s opinions have prompted at least one lawsuit alleging that his opinions are biased and not based on the evidence provided. Assuming the investigation is done in good faith, this will hopefully bring to light any incorrect conclusions made by the OCME. (The AG also represents the OCME in the lawsuit, so there is potential for conflicts of interest, but the AG has indicated that the two divisions are being glass-walled to prevent them. Hopefully this allows the investigation to be complete and comprehensive.)