Richard T. Simmons Jr.
Five Days at MemorialRichard T. Simmons Jr. was the attorney for Anna Pou as investigators examined patient deaths at Memorial Medical Center during Hurricane Katrina. His role extended from protecting the confidentiality of Pou’s post-storm conversations with Tenet’s attorney to confronting the possibility of her arrest in public and appearing in a debate over liability protections for disaster medical care. The record presents him as both Pou’s personal advocate and a participant in a wider argument about what legal risks medical workers should face during declared disasters.
Representation of Anna Pou
Pou sought legal counsel before answering questions about the events at Memorial. Documents cited in the account include her affidavit and a January 2006 court hearing; another document records that Simmons represented her in a claim for reimbursement of legal fees. The timing of his representation is described differently in the records: Pou said she retained him on September 19, 2005, the date of her initial conversation with Tenet officials, while Simmons later told the state fee-review process that his representation began in October. The discrepancy is part of the documented timeline rather than a settled date.
By the following year, Simmons was actively contesting access to Pou’s account of what had happened. He sued to keep her post-storm conversations with a Tenet attorney private. The dispute placed confidentiality at the center of the investigation: before the criminal case had reached an arrest, Simmons was seeking to prevent those conversations from becoming available to investigators. Tenet’s network agreed to pay Simmons’s legal fees, according to a letter concerning Pou’s claim for reimbursement. The representation thus involved not only courtroom protection but also a question about who would bear its cost.
Public Confrontation and the Threat of Arrest
On July 18, 2006, Simmons appeared at a press conference as the prospect of arrest became a public issue. He asked, “Are you going to arrest my client?” The question was brief, but it made the uncertainty itself part of the confrontation: rather than treating arrest as a private procedural matter, Simmons pressed officials to answer publicly whether Pou would be taken into custody.
His stance was advocacy for a client facing intense scrutiny, not an independent finding about the evidence or the patients’ deaths. The book places the question within a case in which investigators, prosecutors, and medical experts were still contesting how to interpret the deaths. Simmons’s public intervention therefore marked a shift from the earlier effort to protect private conversations to an overt challenge over the state’s next move.
Disaster-Medicine Liability Debate
Simmons also appeared before the American Medical Association in 2007. A transcript of his remarks is cited alongside reporting on doctors seeking a liability shield for disaster aid. The delegates voted to create policy concerning protection from liability arising from care rendered during officially declared disasters. The account establishes Simmons’s participation in this debate, though it does not reproduce the substance of his remarks in the cited passage.
The policy discussion broadened the stakes beyond Pou’s case. Her defense concerned an individual investigation into care and deaths at one hospital; the liability question concerned medical workers who might provide care amid a formally declared disaster. Simmons’s appearance linked the two settings without making them identical: a defense lawyer engaged in a client’s case was also present in a professional forum considering how the law should treat disaster responders.
Significance in the Case
Simmons’s documented actions trace three related forms of legal advocacy: seeking to shield Pou’s conversations with Tenet’s lawyer, pressing publicly for clarity about a possible arrest, and participating in a national discussion of disaster-care liability. These actions do not resolve the disputed clinical or criminal questions at the heart of the Memorial case. They show instead how the case moved between private communications, public prosecution, and professional policy—and how Pou’s defense became connected to a broader debate over the legal exposure of clinicians in emergencies.