In addition, Debra Bailey, Tony’s wife, seeks damages for harm done to her marriage. She claims that because of Tony’s loss of full mind and body, she suffered a loss of consortium from her spouse. She added that now she and her husband don’t enjoy the benefits of company, cooperation, affection and the aid of the other in a relationship.

According to court documents, the defendants deny negligence and assert that any injury or damage is the result of pre-existing conditions, others or outside conditions over which the defendants had no control or responsibility. Furthermore, attorneys for the defendants told the jurors that Tony Bailey was not only a smoker, but also had a history of retroperitoneal fibrosis, atherosclerosis and peripheral arterial disease.

A Methodist Health Systems spokesperson is declining to comment on the case until the civil trial concludes. Christopher Welch, attorney for the Baileys, has not released a desired amount for damages. They are expected to give the jury a monetary amount during closing arguments.