DULUTH NEWS TRIBUNE: “Web-Criticized Duluth Doctor Says He Still Wants His Day In Court”

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JUNE 14, 2011

“Web-Criticized Duluth Doctor Says He Still Wants His Day In Court”

Christa Lawler, DULUTH NEWS TRIBUNE

A Duluth physician whose defamation suit against a former patient’s son was thrown out of district court said he has no choice but to file an appeal.

Dr. David McKee, a neurologist with Northland Neurology and Myology, said he is still being targeted in online attacks related to the lawsuit he filed in June 2010 against Dennis Laurion.

McKee, who treated Laurion’s father after he suffered a hemorrhagic stroke, alleges that Laurion made false statements about him to neurological associations, other physicians, St. Luke’s Hospital and the St. Louis County Public Health and Human Services Advisory Committee, among others. He is seeking more than $50,000 in damages.

McKee said a sudden concentration of unfavorable critiques about him cropped up online before Sixth District Judge Eric Hylden dismissed the suit.

“It appears that Mr. Laurion made over 100 adverse postings on the Internet once he became aware that he was going to receive a favorable decision on the motion for summary judgment,” McKee said. “Appealing seems to me the only way to curb the activities of this malicious person.”

Laurion said he has not posted anything on the Internet about McKee since the lawsuit was filed last June. He said his lawyer advised him not to. But, because the case was thrown out, technically he could if he wanted to, he said.

Laurion said he was aware there was an influx of Internet chatter about McKee after a link to a story about McKee appeared on the high-traffic website reddit.com.

Marshall Tanick, the Minneapolis lawyer who is representing McKee, said the appellate court will have a hearing before a three-judge panel in the fall or later this year.

“(McKee) believes the trial judge erred in dismissing the lawsuit,” Tanick said. “He is asking the appellate court to reverse the decision and reinstate the case so that he has his day in court before a jury.”

Kenneth Laurion spent four days at St. Luke’s hospital in April 2010. John Kelly, Dennis Laurion’s lawyer, told the News Tribune last summer they didn’t feel McKee acted appropriately toward their father, and they reported it to the hospital and Board of Medical Practice.

Hylden wrote in his 18-page order dismissing the suit that the court did not find Laurion’s statements about McKee defamatory, “but rather a sometimes emotional discussion of the issues.”

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

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One thought on “DULUTH NEWS TRIBUNE: “Web-Criticized Duluth Doctor Says He Still Wants His Day In Court”

  1. “Ihttps://tryingourpatients.wordpress.com/2014/12/27/788/#respond

    From this article:

    Dr. David McKee, a neurologist with Northland Neurology and Myology, said he is still being targeted in online attacks related to the lawsuit he filed in June 2010 against Dennis Laurion.

    McKee said a sudden concentration of unfavorable critiques about him cropped up online before Sixth District Judge Eric Hylden dismissed the suit.

    “It appears that Mr. Laurion made over 100 adverse postings on the Internet once he became aware that he was going to receive a favorable decision on the motion for summary judgment,” McKee said. “Appealing seems to me the only way to curb the activities of this malicious person.”

    From an earlier article:

    “McKee claims he spent more than $7,000 to “scrub” more than 100 negative comments about his work, many of them originating from a single IP address in Duluth, the Review reports.”

    From Kevin Pho MD:

    There’s a well publicized case in Minnesota, where a resident posted a screenshot of the situation on Reddit, and wrote: “This dickface doctor from my hometown is suing a WWII veteran’s family for $50,000 for rating him poorly on the Internet. Perhaps he deserves a few more poor ratings …”

    Reddit, for those who don’t know, is a social news service, and receives millions of page views daily. As a testament to its visibility, that screenshot shows the link received 635 comments.

    The exposure on Reddit triggered scores of clearly fabricated negative reviews on the physician’s Google Places page, Healthgrades, and Vitals.com.

    So, if the doctor was so worried about negative reviews before, the situation is much worse now.

    From Defendant Dennis Laurion:

    Dr. David McKee’s 100 negative comments followed the Reddit exposure. I don’t belong to Reddit, I’ve never posted on Reddit, I don’t know anybody who posts on Reddit, I never posted a review of Dr. David McKee after April 2010, and I deleted those before being served by Dr. McKee’s lawyer Marshall Tanick. The “single IP address in Duluth” was not mine, and my ISP told me that no one ever sought my IP address or website history.

    I am incredibly surprised that nobody has ever questioned this statement: “It appears that Mr. Laurion made over 100 adverse postings on the Internet once he became aware that he was going to receive a favorable decision on the motion for summary judgment.” This statement suggests that Judge Eric Hylden or my attorney gave me advance notice of the dismissal ruling.

    t appears that Mr. Laurion made over 100 adverse postings on the Internet once he became aware that he was going to receive a favorable decision on the motion for summary judgment,”

    Like

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