The death of Texas A&M football player Brandon Fails from a pulmonary embolism in 2002 stemmed in part from the National Collegiate Athletic Association’s failure to ensure that school personnel could treat such a condition, Fails’ parents assert in an amended version of their lawsuit against the university.
It’s obvious you’re in it for the money now, Mr. and Mrs. Fails.
That’s really rather sad that his parents are striking out like that – – yes, everyone wants to blame someone when something horrible like this happens – – but enough is enough
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I guess you people have never had a best friend taken from you by someone else’s hands. The NCAA and A&M need to be held responsible for his death. Their mistakes killed him
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Brandon Fails dies of a pulmonary embolysm, a complication as a result of knee surgery.
Neither the NCAA nor Texas A&M put the embolysm there or performed the knee surgery. They didn’t kill Brandon Fails, and they’re not medical personnel.
So his parents are after the money.
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I just now came upon these comments while doing a search for Brandon Fails. It is evident that people often make rash and inaccurate decisions based on their lack of information. I am a close friend of Brandon along with his family as well and it saddens me that people are being critical of his parents. Brandon received a knee injury as a Freshman at Texas A & M. It was the team doctors or I should say doctors chosen by the University that recommended and performed the surgery on Brandon’s knee. Brandon went into the team doctors the week before he died telling them he was not breathing well and he felt like there was fluid in his chest. He visited with them two times that week and came home over the weekend. He had lost approx. 32 pounds which for a large man should had sent off a red flag that something was seriously wrong along with his complaints about breathing. It is pretty much common knowledge that anytime surgery is performed from the waist down that complications can include blood clots and obviously the trainers/staff and recommended doctors from such a large university should have been alarmed with his complaints. He was only given an inhaler. Approximately the same time a female athlete at Texas Tech injured her ankle in track and was awaiting surgery when she died of the same thing. Her parents felt that NCAA should have some sort of guidelines concerning leg injuries that sets standards and guidelines for trainers/staff since they are in the business of treating athletes that are injury while performing for schools and universities. Brandon’s problem was simply overlooked which is a tragedy since he was only 4 weeks post op and was required to suit up at practise the Sunday before he died on Monday. If he had received better care went he sought help from the team doctors/trainers etc. that were supposed to provide guidance there is the possibility he would still be here today. As a parent, I think it is remarkable that the Fails are making efforts to prevent this from happening to other individuals and possibly sparing parents of having to experience such incredible pain. I saw Brandon on the Sunday before he passed away and am still in shock that he is gone. He was an incredible individual that touched many peoples lives and influenced them in a positive way. There is not one day that goes by that I don’t think about him and wonder what life would be like were he still alive. That saddest part of all is that athletes are basically the property of the university that provides them scholarships and are driven to the point of illness or injury to perform. There are many areas where the doctors and university let Brandon down. This only touches a little bit of the reasons why parents are forced to seek action. Shame on you.
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It’s tragic that Brandon died. A pulmonary embolism is an unpredictable complication that tragically took his life.
The University didn’t cause the embolism though, and there is no action the University can take to prevent future embolisms. A lawsuit will not correct future medical problems nor bring Brandon back to life. It will only punish the university for something they cannot prevent, punish students with higher tuition, punish taxpayers, and make Brandon’s parents and lawyers some money.
I stand by my statement.
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As a good friend of Brandon’s, I think it’s really upsetting to hear people bad mouth his parents the way they have. Given it has been a long time since his death, to actually think his parents were in it for the money is ridiculous. His parents don’t need the money, they were only trying to raise awareness in regards to the lack of professionalism that the University used in helping their son. With the date of his death approaching on the 15th, try to put yourself in his parents shoes and realize bashing them isn’t humane. R.I.P. Juice.
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I repeat; it’s tragic that Brandon died. The NCAA and the University didn’t kill him.
“Raise awareness” is a tired euphemism for “I want money from this.”
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Yesterday marked the five year anniversary of our friend, and I just so happened to be searching his name today in remembering him, and came across this website. I beg of you others that have left comments questioning whether or not the Fail’s are in it for the money to please consider what they have been through. Thanksgiving will never be the same for this family, and as David said, it is inhumane and cold to question there motives. Brandon “Juicy” Fails was a loyal friend with a heart bigger than any I’ve ever seen, and he will never be forgotten.
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Its heartbreaking to know that people would think the Fails were trying to get money out of A&M after their son’s death. The people who wrote on this wall that think that are ignorant and have obviously never lost a son, a daughter, a friend, a brother or a boyfriend. Maybe raising awareness wasn’t exactly the best term but Juicy made a promise when he went to A&M. He promised that university that he would try his hardest and be the best football player that he could be. He entered into a “football family,” and ultimately that “family” let him down. As his mother and father fought the lawsuit against A&M it was solely to let Juice know that even in life after death they were fighting for him. When Juicy made that promise, A&M made a promise to him. To be the parents, the counselors, the advisors, the brothers, and the friends to Juicy. And I know, coming from Colleyville and being good friends with Juicy that NO ONE in OUR COLLEYVILLE FAMILY would have broken our promise. A&M did. Everyone knows that doctors give you blood thinners when you have surgery like that… they over looked Juicy, especially after he came to the “professionals” at A&M complaining about breathing. I feel like I am trying to justify a life that was taken WAY before his time. Instead of fighting I will be remembering….
TO YOU MICHAEL, who ever you might be. No matter how we and the Fails handled the situation after our friends death is none of your business. You are unfortunate because you never had the real chance to see him smile. I thank God everyday for the years I got to see him smile.
Forever in my heart and in my mind… it is to you I give thanks… RIP 72
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Cassidy, my heart goes out to the family. The loss of a son cannot be easy. I stand by my position, though; I cannot see the culpability of A&M or the NCAA, and suing them makes no sense unless one is after money.
Brooklyn, as a lifelong Aggie and an American, it is my business to speak out against what I see as wrong.
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After reading all of this comments i am ashamed that people who dont even know the cercomstances could say this about
Brandon and the Fails family. I personally knew Brandon and the fails and know what truely happended and the people who write the Fails were trying to get money or that it wasnt the universities fault are completely wrong. You say youll stand by you comments about Brandon and his family but you just remeber that he is gone from this earth, taken from his loved ones and you have the nerve to write that. I dont know how you can live with youself. But the Fails family knows what it is like to live without their son.
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If I repeat myself, I’d simply be repeating myself. Whether Brandon lived, died, or was mangled or was unharmed doesn’t change my position that suing a university for their son’s medical condition is misguided and punishes a school, the students, and taxpayers unfairly.
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I was doing some searching and stumbled across this. I think I know some of you and it is great to see that Brandon’s legacy lives on.
Micheal, no need to have to defend yourself on you feeling bad about his families loss. Beleive me, it was tough and still is today. I was the last person to be there by his side before he went to a better place.
There is a long story that plays into the lawsuit. One part is that there was a Justice of the Peace that would not sign the Death Certificate until much later because he did not belive the Medical doctor’s about the cause of death (the clot being a reason that helped cause the outcome). This went on for a while and I even had to go into this JP office to explain what happened, just to get a death certificate.
Another piece would be that Brandon was told to have the surgery by the A&M Medical Staff. He did and was progressing well. It has been mentioned before about the inhaler (which is 100% accurate) but it hasn’t been mentioned that he discussed with his doctor’s and the training staff about is calf. How it was painful to the touch, how he would hobble on it from time to time. How he would mention mutliple times that his calf was swollen. While hindsight is 20/20, I had another friend that had the same surgery that played the exact same D-1 sport we did. He complained of the same calf tightness and was admitted to a hospital for 3 days and come to find out, they caught the clot and gave him thinner’s. A week later, he was up and back to rehab on his knee.
Point being, both of these played into the lawsuit and I wish you wouldn’t pass judgement on someone without full knowledge. The Fail’s love A&M to this day. They love R.C. Slocum and what he did for them during this time. I love A&M and would do anything for my university but for someone who was there when the worst happened, this had warning signs that were not followed leading up to a tragic morning. Do I hold one single person responsible? No. But I do hope this will raise awareness of post-operative surgery among “at-risk” patients (large bodied athletes are def. this.)
I am not trying to change your mind, just adding some facts. The lawsuit was and is much bigger then your accusation of “out for the money”. With the help of some people along with the Fails, there has been a Endowed Scholarship given away yearly in Brandon’s name to help a student pay for a fifth year of school. Doesn’t sound like someone that is out to screw Texas A&M to me.
You may think otherwise but I think there is a general lack of information that is available about the facts. I also think that there is an underlying tone to pass this off as just an enlarged heart. Yes, he did have an enlarged heart. Most people that are 6’3” and 300 pounds that train the way Brandon did have a similar condition. In fact, the majority of NFL players on the O and D line have this condition or are predisposed. All I am saying is that it wasn’t the sole reason for Brandon’s untimely death. Again, hindsight is 20/20 and before you tell me that you can’t “prevent” this or it isn’t anyone’s fault for a predisposed condition, I am friends with a guy now that went through this same situation but his Dr’s and trainers dug a bit deeper.
All of this shouldn’t take away from the fact that we lost a great human being and a best friend.
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No Brandon didn’t have an in large HEART. His Heart was fine for 18 years. He went from his family of 18 years (meaning= Grandmother, Aunts , Uncles, Brother, Sisters,and Cousins)….. to a school that didn’t him or the family nothing. They couldn’t take care for Brandon for 4 months. The Dr.’s still has his business in the school is still in business. But My nephew is in the ground. I believe people like Michael has no Heart to worry about what a family wants to fight for when they didn’t take care of our Child. And when you say #Chasing The Wind* I wish we was Chasing#Brandon! No higher #taxes from Brandon no high #tuition. So Michael # no problem right. You should always # believe in change one day one year one time is all its takes. GOD BLESS YOUR HEART!
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After searching for something else, I came across this posting. First and for most all of you are some idiots, you have the right to blog your opinion, however if you want to blog, make sure you know the facts behind what your blogging about. FYI Brandon “Juicy” Fails is my baby brother and my parents were never after money, money isn’t an issue for us at all. The purpose of the lawsuit was because we felt there was neglect in this matter. Yes, it is natural that when you lose a loved one, you want to blame everyone including GOD for taking them, and then you question why GOD has taken them away. In Brandon’s case we did all those things, but when you grow up with someone, you know what seems right and what seems wrong. At the time of Brandon’s death he was being treated by A&M’s doctors for an upper respiratory infection. It was later found that Brandon did not have an upper respiratory infection; it was in fact blood filling his lungs from the blood clot that had traveled from his knee from a surgery A&M stated he needed. Money is not the issue in this matter it was the fact that if the A&M doctor and A&M trainer done their job, blood would have been founded in Brandon’s lungs and he would be alive today.
Yes, it shows that Brandon died of pulmonary embolism; Pulmonary embolism (PE) is a blockage of the main artery of the lungs or one of its branches by a substance that has travelled from elsewhere in the body through the bloodstream, that substance in Brandon’s body would be the blood clot that traveled from the surgery. Symptoms of pulmonary embolism include difficulty breathing, chest pain on inspiration and palpitations of which Brandon had and complained about to the A&M doctors and trainer. If the doctor would have done proper testing his body would have shown several clinical signs, such as low blood oxygen saturation and cyanosis as well as rapid breathing and rapid heart rate. If PE is not treated correctly it could lead to collapse (which happened), abnormally low blood pressure (which he had) and sudden death (which happened) Diagnosis is based on clinical findings in combination with lab test (D-dimer test) and imaging studies (CT pulmonary angiography) which was never done in Brandon’s case. Treatment for PE is typically with anticoagulant medication not a steroid which is used in upper respiratory treatments. The purpose of my parents’ lawsuit was to bring awareness for others that might end up the same way, not for money.
Michael, you are correct about one thing, the university didn’t cause the embolism; it was something that could have happen to anyone after surgery. However there was action that could have been taken to prevent Brandon’s death as well as future embolisms. A lawsuit will not correct future medical problems, but it will prevent that team or doctor from making the same mistake on someone else. I work in the medical field and one or two things will happen from a lawsuit that person will lose their license or it will make the medical staff work harder to prevent this from happening again. Punishing the University for its employees mistake would cause the University to do the same thing a hospital would do; reevaluate their procedures. 14- year old Texas girl dead from SWINE FLU, parents suing, hospital for doctors mistake; hospital reevaluating their procedures.
You complain about students’ higher tuition and higher taxes for taxpayers, did you forget about the lawsuit from the bonfire parents? Those parents suited A&M and I guess the University wasn’t at fault for that either and I guess those parents were out for money too. My parents got no money in fact they got with other parents from A&M who lost their child as well as other parents that have lost child to gave money to students in memory of their children. I don’t understand how that lawsuit toward A&M would benefit my family instead any money given from the lawsuit would benefit those students you are so worried about paying higher tuition. Giving back to those in need was a part of my brother and given back to students in need is part of what my family is doing in the memory of my brother. And your comment about lawyers getting more money… regardless of the case the attorneys’ job is to get money that is how they get paid…duh!
“Raise awareness” is not a tired euphemism for “I want money from this” I guess when the mother of a child killed by a drunk driver came up with M.A.D.D; that was “I want money for this” and not to bring awareness to the issue at hand. That mother still has a job and struggle to pay her bills just like other people do today, that mother has not profited from her child’s death and the child is still not alive, but you are aware of M.A.D.D. you know what they do and what the stand for, that was the mothers purpose to make people aware.
My brother pasted a few days before my mother’s birthday and was laid rest on 11.25.02 just before Thanksgiving. My mother’s birthday has never been the same and Thanksgiving will never be the same. Thanksgiving??? What is that? I pray that you never lose a loved one around a holiday, around a time when your family is should be together rejoicing each other instead of having a funeral and remembering what their loved ones hugs feel like, remembering their loved ones smile, remembering their voice, their laugh, everything you can about the person you just lost. All the small things matter, just after we buried my brother we had Thanksgiving dinner trying to piece together what we could to be strong for my mother and father and something as small as a chocolate cake tore what strength I had apart. I went for a piece of chocolate cake and that’s when everything falls apart for me, Brandon wasn’t there to fight with; normally the cake would be gone, because he would eat the whole cake with a cup of milk. It’s 2009 and I still miss a fight with my brother over a piece of chocolate cake. I am 5’2” and I miss my baby brother picking me up just to hug me because I am short or picking me up for a bear hug to give up my piece of cake. 2002-2009 November is still a month I wish I could block from my mind, but guess what??? I can’t because my brother isn’t here anymore.
I myself am an Aggie, and I am not here to change your opinion. However, I wish the next time you and your idiot blogger friends decide to blog about a topic, make sure you have all your facts straight before you post bullshit like this! Patty gave a bit more detail then what I did based on the death of my brother, however between Patty and myself you should have more facts to blog about, I believe if you do your research on this topic, common sense will tell you someone is to blame for the medical misdiagnosis of Brandon. Brandon would still be alive today if his cause of death was diagnosis correctly. God forbid that you have to go into a doctor’s office and complain about a problem you are having and it gets ignored, such as Brandon’s pain that was told to the A&M trainer and doctors.
Michael, I have a friend who’s daughter is diabetic and had all the signs when she went into the hospital; she was misdiagnosis and sent home for dehydration and was told to stay home from school for the next 3-4 days; get plenty of rest and drink plenty of water. Less than 12 hours later of being released for dehydration, her mother went in her room to check on her and found her past out (diabetic coma) she was then rush to a different hospital at her mother’s request (a community hospital) and was treated for her previously misdiagnosed condition. Had her mother not been concerned and stayed home from work that day, Raven would not be alive today. Her mother is currently suing the doctor and hospital because of the misdiagnosis; in Brandon’s case the misdiagnosis cost him his life. Raven is still alive and now attending Baylor Medical School to become a doctor, however my question to you is…is this mother out for money too or out to bring awareness that this doctor is misdiagnosing patients? Same situation only difference is Brandon dead, Raven lived.
You seem to be more worried about the students getting higher tuition and the taxpayers having higher taxes, what should happen to the A&M trainer that Brandon report is leg & chest pain too? What should happen to the A&M doctor that Brandon reported the discomfort in his leg too and he gave him meds for upper respiratory infection and an inhaler? What does meds for upper respiratory infection and an inhaler have to do with leg discomfort? Seems to me you are more concerned about money, then what should happen to the A&M trainer and doctor that ignored Brandon’s cry for help. If it’s not about money to you, then what do we do with the A&M trainer and doctor? We can’t just fire them from A&M because then they’ll find work somewhere else misdiagnosing patients there. We can’t sue them individual because they are employed by A&M and it will bring A&M to the media anyway for hiring negligent trainers & doctors…so again, to prevent higher tuition for students and fewer taxes for taxpayers, what actions should be taken against the A&M trainer & doctor who negligent to help my brother when he complained of pain in his chest and discomfort in his leg?
{{11.25.02 was the day Brandon past…WE LOVE YOU BRANDON aKa “JUICY” MAY YOU CONTINUE TO REST IN PEACE!}}
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I am terribly sorry for your loss, I really am. You must have loved Brandon very much, and I cannot imagine the pain of losing a little brother.
Michael, you are correct about one thing, the university didn’t cause the embolism; it was something that could have happen to anyone after surgery.
I agree.
A lawsuit will not correct future medical problems, but it will prevent that team or doctor from making the same mistake on someone else.
No, it won’t. It will increase costs for everybody, but it won’t prevent future embolisms and it won’t improve the ability of doctors.
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Michael,
You writing these comments disgusts me. Youre right A&M did not cause the embolism. They could have paid more attention when it came to his health and what was happening to his body though, thus helping in prevention. I grew up down the street from him and he was an amamzing person. To hear you speak the way you did…what are you defending? We all realize the University did not wish this for him but it did happen due to ignorance and disregard. Keep your nose in your own business. His sister is right, the misdiagnosis cost him his life. When it comes to suing the University, you are completely blind. Lose someone this way and you will understand. Also, it will not raise costs for anyone at the University. You are a very misinformed child. Wake up and quit your posts about someone you don’t know. You are an ignorant and hurtful human being and you should not be allowed on the internet.
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Clearly you either cannot or choose not to understand all the information given to you about what happened. ANY doctor will tell you that a PE is 100% preventable, ESPECIALLY when your an at-risk person. You just can’t seem to understand that & nothing here will change your opinion. You’ve stated your opinion, we all get that your concern is money. Congratulations on turning this young man’s death into the higher prices you are paying in gas, groceries & taxes. Please just go & let those who want to remember Juicy honor him without having even more heart ache after reading your posts.
Those of us who knew & loved Juicy very much know the Fails family, know that $$ is not what they want from all of this. Information & education for student-athletes, trainers & those at-risk is what they want & unfortunately the best way to get that is via a lawsuit.
My now 15 yr. old daughter still has a picture of her & Juicy from his Jr. year at CHHS. She is 3 1/2 in the picture & Juicy is holding her in his arms with that HUGE Juicy smile on his face. This picture has been up on her wall from the day we got the prints made. Every Thanksgiving we remember Juicy & talk about him. It still hard to believe sometimes. He was making his dreams come true. I can only imagine what he would have become, but I think whatever it was would make his family & friends proud. The world lost a truly good guy.
Patrick, I’m so glad you were with Juicy when he collapsed. Thank you for taking the time to respond to this as I know this has to be incredibly hard on you too. My family & I hope you are doing well.
Melissa
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“You writing these comments disgusts me. Youre right A&M did not cause the embolism.”
You agree with me, yet the comments disgust you.
I sympathize with Brandon and his family. I agree it’s a tragedy. But suing the school won’t bring him back. It will, however, contribute to higher medical bills, a larget number of lawyers seeking to get an easy malpractice victory, increased tuition, and paradoxically, *less* medical care for people in an emergency as schools will eventually understand that trying to help will get them sued.
If you are a friend of Brandon, I would think you’d want his legacy to me more than that.
The NCAA didn’t kill Brandon and therefore did not deserve to be sued.
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A jury found the doctor was not negligent and did not cause the death. (The parents denied Brandon had a sister, just an older brother. No sister was at the trial.) The doctor diagnosed, correctly, that Brandon had an upper respiratory infection. What he did not know, and had no way to know, was that Brandon also had a blood clot forming in his leg. It is rare for that to happen after this minor surgery to start with, but when it happens it normally does so within a few days and normally in patients in their 40s or older. This was over a month later and it is incredibly rare for it to happen at all in someone Brandon’s age. What makes it even worse is that there are commonly no symptoms to alert anyone of a blood clot and when there are symptoms they look like any of dozens of routine complaints. All the doctor was told by Brandon was that he had a cough for a few weeks and a sticking in his throat. He did not complain of leg pain and told the trainers and “Patty” that his leg felt good and he wanted to start running again. (The real Pat was a witness at the trial.) The cough predated the oldest part of the blood clot by more than a week and his Mom confirmed symptoms of an upper respiratory infection that do not occur with a blood clot. The doctor gave antibiotics which have no effect against a blood clot, but would work against many upper respiratory infections. Pat and the coach testified that Brandon said the day before he died that he was feeling much better. Apparently the antibiotics were doing what they should. What nobody knew, though, was that Brandon also had the beginnings of a blood clot. The clot that actually killed Brandon, however, did not arise until a couple hours before he died, four days AFTER he saw the doctor. Brandon did not suit up for training the night before he died, but he did do a full upper body work out, bench pressing just under 320#, and spending over a half hour on an elliptical machine (like a stair stepper), with no complaints to anyone of pain or shortness of breath. One of the coaches was right there beside him working out with him and said there were no problems at all. Brandon told him again that he felt great and wanted to start running again. The doctor saw and correctly diagnosed an upper respiratory infection. Sadly, there was also a silent blood clot which could not have been identified with what the doctor had at the time. The test was whether the doctor acted as would a reasonable doctor under these conditions. The jury decided pretty easily that he did.
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Thank you for the additional information, wasthere. And I stand by my original stance, as unpopular as it is among some of the commenters. While Brandon’s death was tragic, Texas A&M and NCAA didn’t kill him and didn’t deserve to be sued.
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Michael,
Your commitment to this issue amazes me. I’ve never seen someone so concerned about a legal matter that they continue to drag out the conversation for years.
I think it’s important to trust the justice system and its results, and for that matter, I am satisfied with the court’s ruling. It doesn’t make it any easier to deal with Juicy’s death.
But don’t say they didn’t “deserve” to be sued. If someone believes they were wronged, they have the right to pursue justice. Did OJ Simpson not “deserve” to be on trial just because he was acquitted?
Stop attacking the family/friends. It’s over now. If this was your brother, friend, teammate, etc. you would be horrified at your own words and actions. Please think about that next time you engage those mourning the death of their loved one in a frivolous argument.
We miss you Brandon ❤
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I want to thank you Michael, for posting and continuing this blog. Unlike you, I don’t care about A&M, tuition, taxes or the results from the trial. Today I found myself missing and old friend and searched his name. And I found myself here. And though I think it is insane how you have continued to argue about someone that you don’t know, about things you don’t know about against friends and family of Brandon’s…something good has come through this.
Like many of you I remember his smile, and I love hearing that others remember the same thing. I remember how warm he was, and that he gave the most amazing hugs…and I’m overjoyed that others too remember that. I was not Juicy’s best friend or sister, just a friend. But to this day, his love and smile and warmth have staid with me. To this day when I see #72 on the football field I think of him and how I used to love seeing him play.
Thank you all, for your posts and love for a man that I loved as well. He will live on forever in that love and memories. He was an incredible and caring person…we love you Juicy, for the man that you were, and the man you would have been.
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I encourage all Brandon’s friends and family to remember him fondly, and I’m sorry you stumbled across a post that criticizes his parents. While I could remove this 6 year old post, it would remove a link to your fond memories.
I do not continue to argue this point. I made it once, 6 years ago. And if you click the home button, you’ll find this blog is not about Brandon.
My opinion is unchanged. But it should not detract from the warm reminiscing you have.
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Michael, a sinner saved by grace, sharing what the good Lord has shared with me.
Solomon, in the book of Ecclesiastes, said, “I have seen all the things that are done under the sun; all of them are meaningless, a chasing after the wind.”
If you’re not living for the glory of God, then what you’re doing is meaningless, no matter what it is. Living for God gives life meaning, and enjoying a “chasing after the wind” is a gift from God. I’m doing what I can to enjoy this gift daily.
Got questions? I’m not surprised. If you have any questions about Chasing the Wind, you can email me at chasingthewind@outlook.com.
Chasing the Wind 
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