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48                 Neil Armstrong’s $6 Million Settlement





            Neil Armstrong’s Death,

            and a Stormy, Secret $6

                 Million Settlement



              By Scott Shane and Sarah Kliff


          When Neil  Armstrong died in a Cincinnati
          hospital two weeks after undergoing heart
          surgery in 2012, his family released a touching
          tribute addressing the astronaut’s millions of
          admirers around the globe.
                 “Honor his example of service,
          accomplishment and modesty,” they wrote,
          telling fans of the first man to walk on the moon
          that “the next time you walk outside on a clear
          night and see the moon smiling down at you,
          think of Neil Armstrong and give him a wink.”
                 But in private, the family’s reaction to
          his death at 82 was far stormier. His two sons
          contended that incompetent post-surgical care at
          Mercy Health — Fairfield Hospital had cost Mr.         The legal settlement adds a grim to Mark and Rick if they benefited from a film
          Armstrong his life, and even one expert retained  footnote to the inspiring story of Mr. Armstrong, or book project.
          by the hospital would find serious problems with  who avoided the limelight and never cashed in       “Obviously, the information about this
          his treatment.                                 on his fame. It also illustrates the controversial wrongful death claim would prove extremely
                 The hospital defended the care, but paid  but common practice of confidential settlements useful to such projects, and the boys’
          the family $6 million to settle the matter     in medical malpractice and other liability cases, involvement would net a monetary gain far in
          privately and avoid devastating publicity,     which protect reputations but hinder public excess of the demand that has been made for
          documents show.  The hospital insisted on      accountability.  And it shows how the settlement,” she wrote.  Wendy  Armstrong’s
          keeping the complaints and the settlement      extraordinary renown of a figure like Mr.       original demand on behalf of the family was $7
          secret.                                        Armstrong can become a powerful hammer in million.
                 Mr.  Armstrong had undergone bypass     negotiations.                                          Records from the Hamilton County
          surgery in early August 2012, and his wife told        A lawyer acting as a representative of probate court show that the bulk of the
          The  Associated Press afterward that he was    Mr.  Armstrong’s grandchildren in the secret settlement, nearly $5.2 million, was split equally
          “amazingly resilient” and was walking in the   proceedings, Bertha G. Helmick, vividly between Mr. Armstrong’s sons, Mark and Rick.
          corridor. But when nurses removed the wires for  characterized the stakes for the hospital in a The astronaut’s brother and sister, Dean  A.
          a temporary pacemaker, he began to bleed into  filing in probate court in Hamilton County, Armstrong and June L. Hoffman, each received
          the membrane surrounding the heart, leading to  Ohio, where Mr. Armstrong lived.               $250,000, and six grandchildren each got
          a cascade of problems that resulted in his death       “Any linkage of this health provider to $24,000.
          on Aug. 25.                                    the death of Decedent could irreparably and            His widow, Carol, who was Mr.
                 In a scorching July 2014 email to the   unfairly forever taint the business enterprise,” Armstrong’s second wife, did not participate in
          hospital’s lawyers,  Wendy R.  Armstrong, a    she wrote. “But for Decedent’s iconic stature in the settlement. “I wasn’t part of it,” she said in
          lawyer and the wife of Mr.  Armstrong’s son    the history of mankind, it is unlikely that a an interview. “I want that for the record.”
          Mark, noted that Mark and his brother, Rick,   wrongful death settlement in this amount, with         When a reporter noted that she had
          would soon be traveling to Florida to speak at a  disputed causation, would have been reached. signed off on the settlement in her role as
          ceremony marking the 45th anniversary of the   No institution wants to be remotely associated executor of the estate, she replied, “I had no
          first moon landing.                            with the death of one of  America’s greatest choice — it was either that or lose my job as
                 “This event at Kennedy Space Center     heroes.”                                        executor.”  Asked if that meant she had not
          will receive national news coverage,”  Wendy           Ms. Helmick noted that the settlement approved of the claim against the hospital, she
          Armstrong wrote. “Rick and Mark have been      could be undone, and her young clients would said, “I don’t think I can answer that,” saying
          solicited by several book writers and filmmakers  lose their share of the money, if the agreement’s she was subject to a confidentiality agreement.
          for ‘information about Neil that no one already  terms ever came to light. “If the existence of the   Mark and Rick Armstrong, who served
          knows.’” The lawyer suggested that unless the  wrongful death action and settlement are ever as consultants for the 2018 film “First Man,”
          parties reached a quick settlement, the hospital  revealed by the parties to the agreement, the which starred Ryan Gosling as Neil Armstrong,
          would be publicly criticized for giving lethally  entire payment must be repaid in full,” she did not respond to multiple requests for
          flawed care to one of America’s most famous    wrote. (The  Times does not have the full comment. Wendy Armstrong, who acted as the
          and revered public figures.                    settlement agreement.)                          family’s lawyer in the settlement, likewise did
                 The medical dispute and secret                  As they scrambled in 2014 to consult not respond.
          settlement, never before reported, comes to light  medical experts about the family’s claim,          In a statement, Nanette Bentley, a
          days after the 50th anniversary of Mr.         hospital officials fearful of fueling rumors about spokeswoman for the hospital group, told The
          Armstrong’s moon walk drew a flood of          the astronaut’s death used “Ned Anderson” as a Cincinnati Enquirer late  Tuesday that the
          nostalgic coverage celebrating his feat. The New  pseudonym for Mr. Armstrong.                 “public nature of these details is very
          York Times received by mail from an unknown            On July 8, 2014, a hospital lawyer, disappointing — both for our ministry and the
          sender 93 pages of documents related to the    Nancy A. Lawson, wrote to Wendy Armstrong patient’s family who had wished to keep this
          astronaut’s treatment and the legal case,      with a blunt question: “Do Mark and Rick intend legal matter private.”
          including dueling reports by medical experts for  to discuss the wrongful death claim at the          Karen Armstrong,  Rick Armstrong’s
          the two sides. Some of the documents, though   Kennedy Space Center if no settlement is former wife, said, “We are all under
          marked “filed under seal,” are publicly available  reached by Friday, July 18?”  The 45th nondisclosure agreements through the courts —
          at the probate court’s website, confirming that  anniversary gathering was to take place on everyone associated with the family is — so no
          the documents received by  The  Times are      Monday, July 21.                                one is allowed to say anything.”
          authentic.  An unsigned note included in the           In response, Ms.  Armstrong said that
          envelope said the sender hoped the information  information about Mr.  Armstrong’s hospital                           (Continued on Page 49)
          would save other lives.                        treatment and death might prove very lucrative
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