INQUISITR Cites GRAND FORKS HERALD And CONSUMERIST Articles About McKee V. Laurion

MAY 9, 2011

“Judge Throws Out Doctor’s Defamation Lawsuit Against Patient’s Son”

INQUISITR [ citing GRAND FORKS HERALD via CONSUMERIST ]

Pissed off consumers can take a deep breath and keep ranting, for now – a judge in North Dakota [ sic ] has thrown out a defamation lawsuit brought by a doctor against a man who complained to websites and regulatory bodies about the care received by his father.

Neurologist, Dr. David McKee, alleged in his lawsuit that the patient’s father [ sic ], Dennis Laurion, defamed McKee and his practice in “false statements” made to “the American Academy of Neurology, the American Neurological Association, two physicians in Duluth, the St. Louis County Public Health and Human Services Advisory Committee and St. Luke’s hospital,” damaging his practice. Laurion contended he was immune from legal action because the statements he made were true.

In an 18-page order, Sixth Judicial District Judge Eric Hylden recognized the influence of the internet on how information such as that shared by Laurion can impact a practice or business: “In modern society, there needs to be some give and take, some ability for parties to air their differences,” the judge wrote. “Today, those disagreements may take place on various Internet sources. Because the medium has changed, however, does not make statements of this sort any more or less defamatory.”

McKee’s suit addressed some of the more subjective claims made by Laurion. In his suit, McKee alleged that Laurion made false statements including that

  • McKee “seemed upset” that Kenneth Laurion had been transferred from the Intensive Care Unit to a ward room;
  • McKee told the Laurion family that he had to “spend time finding out if [the patient] had been transferred or died;”
  • McKee told the Laurions that 44 percent of hemorrhagic stroke victims die within 30 days;
  • McKee told the patient that he didn’t need therapy;
  • McKee said it didn’t matter that the patient’s gown was hanging from his neck with his backside exposed;
  • McKee blamed the patient for the loss of his time; and
  • McKee didn’t treat his patient with dignity.

Commenting on the ruling, McKee pointed out that Laurion allegedly made statements to nearly 20 regulatory agencies and websites, and none of the former had taken any action regarding Laurion’s claims.

SOURCE

Defendant Dennis Laurion’s Web Posting

Defendant Dennis Laurion’s Patient Complaint

Plaintiff David McKee’s Reply To Patient Complaint

Plaintiff David McKee’s Cease And Desist Letter To Defendant Dennis Laurion

Defendant Dennis Laurion’s Complaint To Minnesota Board Of Medical Practice

Plaintiff David McKee’s Complaint To Sixth Judicial District Duluth Court

Plaintiff David McKee’s Response To Minnesota Board Of Medical Practice

Defendant Dennis Laurion’s Answer To Plaintiff David McKee’s Complaint

Defendant Dennis Laurion’s Motion For Summary Judgment

Defendant Dennis Laurion’s Deposition Extracts

Plaintiff David McKee’s Deposition Testimony About Circumstances Before Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony About Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony About Circumstances After Encounter With Laurion Family

Plaintiff David McKee’s Deposition Testimony In Response To Questions By Marshall Tanick

Affidavits By Defendant Dennis Laurion’s Parents

Defendant Dennis Laurion’s Supplemental Motion For Summary Judgment

Plaintiff David McKee’s Motion To Oppose Summary Judgment

Defendant Dennis Laurion’s Reply Memo In Support Of Motion For Summary Judgment

Sixth Judicial District Court’s Order On Motion For Summary Judgment

Plaintiff David McKee’s Appeal Of Order On Motion For Summary Judgment

Plaintiff David McKee’s Brief To Minnesota Court Of Appeals

Defendant Dennis Laurion’s Brief To Minnesota Court Of Appeals

Plaintiff David McKee’s Reply Brief To Minnesota Court Of Appeals

Minnesota Court Of Appeals Order To Strike Portion Of Plaintiff David McKee’s Reply Brief

Minnesota Court Of Appeals Announces Decision

Defendant Dennis Laurion’s Petition For Review By Minnesota Supreme Court

Plaintiff David McKee’s Opposition To Review By Minnesota Supreme Court

Defendant Dennis Laurion’s Brief To Minnesota Supreme Court

Plaintiff David McKee’s Brief To Minnesota Supreme Court

Defendant Dennis Laurion’s Reply Brief To Minnesota Supreme Court

Minnesota Supreme Court Decision On David McKee MD V. Dennis K. Laurion

David McKee MD v. Dennis Laurion 2010

David McKee MD v. Dennis Laurion 2011

David McKee MD v. Dennis Laurion 2012

David McKee MD v. Dennis Laurion 2013

McKee V Laurion Is A Textbook Case

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s