Saying the case should go to trial, an appeals court Wednesday overturned a ruling that sided with CNN in a defamation lawsuit stemming from reports about deaths of children at a Palm Beach County hospital.
A three-judge panel of the 4th District Court of Appeal rejected a circuit judge鈥檚 decision that granted summary judgment to CNN in the lawsuit filed by surgeon Michael D. Black. Summary judgment rulings are issued without going to full-blown trials.
鈥淲e express no opinion on the merits of Dr. Black鈥檚 claim,鈥� said Wednesday鈥檚 main opinion, written by Chief Judge Jeffrey Kuntz and joined by Judge Spencer Levine. 鈥淏ut Dr. Black presented evidence alleging CNN and its employees published a story implying Dr. Black鈥檚 allegedly deficient performance caused babies to die. The evidence is such that a reasonable jury could return a verdict for Dr. Black.鈥�
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Judge Alan Forst wrote a concurring opinion. The lawsuit centers on 2015 reports by CNN that said the St. Mary鈥檚 Medical Center pediatric open-heart surgery program had a death rate from 2011 to 2013 that was more than three times the national average. The rate was calculated by looking at the number of deaths and the number of surgeries performed.
But St. Mary鈥檚 and Black disputed the reports because they said CNN鈥檚 calculation of the death rate was not 鈥渞isk-adjusted,鈥� Wednesday鈥檚 opinion said.
Black, who led the hospital鈥檚 program, filed the defamation lawsuit against CNN and individual defendants including prominent network host Anderson Cooper.
After a circuit judge granted summary judgment to CNN and the other defendants, Black took the case to the West Palm Beach-based appeals court.
鈥淎 jury may ultimately find the defendants did not defame Dr. Black,鈥� Wednesday鈥檚 main opinion said. 鈥淏ut at this point in the proceedings, we conclude Dr. Black has presented sufficient evidence to survive the defendants鈥� summary judgment motion.鈥�
