Medical Defamation Law Firm Blog Discusses McKee V. Laurion

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 March 25, 2012

“McKee v. Laurion: The Defamation Saga”

Medical Defamation Law Firm Blog

 When a doctor hires a private detective to find out which of the 4,400 nurses in St. Louis County, MN called him a “tool,” you know said doctor is serious about defending his or her reputation. That is just what Dr. David McKee of Northland Neurology and Myology is doing in preparation for the next leg of his doctor defamation lawsuit against the son of a former patient, Dennis Laurion.

 

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How This Doctor Defamation Lawsuit Began

When neurologist Dr. David McKee treated World War II veteran Kenneth Laurion his reportedly insensitive remarks and bedside manner wrangled the vet’s son, Dennis Laurion. The younger Laurion took his wrath to the web and posted unfavorable reviews about Dr. McKee on several doctor review websites. Dennis Laurion contended that Dr. McKee failed to treat the elder Laurion with concern and respect. According to Laurion, Dr. McKee “seemed upset” that Kenneth McKee was moved to a ward after a stint in the intensive care unit and said to his patient, “When you weren’t in ICU, I had to spend time finding out if you transferred or died.” Laurion also reported that the doctor dismissed the stroke patient’s need for therapy before pulling Kenneth Laurion up to his feet and forcing him to walk without any regard for whether the patient’s hospital gown was tied at the back. Dennis Laurion even went so far as to write that when he “mentioned Dr. McKee’s name to a friend who is a nurse, she said, ‘Dr. McKee is a real tool!’”

Online Accusations Lead To Doctor Defamation Suit

Angered by Laurion’s Internet critique, Dr. McKee filed a doctor defamation suit against Dennis Laurion for $50,000. In his case, Dr. McKee alleged that after treating Kenneth Laurion for his stroke, Dennis Laurion made “false and malicious statements” about the doctor to “nineteen different professional and medical organizations, regulatory agencies, and websites.”

Courts Disagree In Medical Defamation Case

Upon hearing the case, Sixth Judicial District Judge Eric Hylden dismissed Dr. McKee’s lawsuit because he found Dennis Laurion’s comments to be a matter of opinion protected by the First Amendment. But in January of 2012, the Minnesota Court of Appeals reversed Judge Hylden’s decision and ruled that a jury should evaluate certain statements made by Dennis Laurion for their truthfulness and defamatory potential. The judge then returned the case to the lower court for further consideration.

McKee v. Laurion is now scheduled to go to trial in January of 2013.

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

ADDENDUM:

On Monday, August 27, 2012, the above post was reprinted by Thank Heaven For Insurance Companies Blog Spot with the following paragraph:

“McKee v. Laurion is now scheduled to go to trial in January 2013,” but the Laurions are not backing down. They are already busy filing petitions with the Minnesota Supreme Court. The Laurions contend that the Minnesota Court of Appeals made an error in their determination that Dennis Laurion made false statements about his father’s allegedly “not-so-nice” neurologist. It appears that the only evidence the appeals court had to support their decision was Dr. McKee’s assertion that Dennis Laurion lied. When you consider that a stroke sufferer will be dragged into court to give testimony on this issue just after his 88th birthday, it seems that Dr. McKee’s private investigator might have an easy time finding that nurse.

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