Posted on 02/18/2017 5:54:43 AM PST by markomalley
Those who accuse CNN and other mainstream media outlets of “fake news” will probably revel in a recent decision by a federal judge in Atlanta, Georgia. While Judge Orinda Evans didn’t all out declare that CNN was peddling in falsehoods, she did take aim at the network in an initial judgment in favor of a former hospital CEO who sued CNN accusing them of purposely skewing statistics to reflect poorly on a West Palm Beach hospital. Judge Evans didn’t mince words in her 18-page order allowing the case to move forward, and dismissing CNN’s attempt to get it thrown out of court.
Davide Carbone, former CEO of St. Mary’s Medical Center in West Palm Beach, filed a defamation lawsuit against CNN after they aired what he claims were a “series of false and defamatory news reports” regarding the infant mortality rate at the hospital. CNN’s report said the mortality rate was three times the national average. However, Mr. Carbone contends that CNN “intentionally” manipulated statistics to bolster their report. He also claims that CNN purposely ignored information that would look favorable to the hospital in order to sensationalize the story.
“In our case, we contended that CNN essentially made up its own standard in order to conduct an ‘apples to oranges’ comparison to support its false assertion that St. Mary’s mortality rate was 3 times higher than the national average. Accordingly, the case against CNN certainly fits the description of media-created ‘Fake News.'” said Carbone’s attorney L. Lin Wood, in a statement to LawNewz.com.
Wood says that as a result of CNN’s story Carbone lost his job and it became extremely difficult for him to find new employment in the field of hospital administration.
“False and defamatory accusations against real people have serious consequences. Neither St. Mary’s or Mr. Carbone did anything to deserve being the objects of the heinous accusation that they harmed or put babies and young children at risk for profit,” Wood said.
On Wednesday, Federal District Judge Orinda Evans ruled that the case could move forward, even ruling that she found that CNN may have acted with “actual malice” with the report — a standard necessary to prove a defamation claim.
“The Court finds these allegations sufficient to establish that CNN was acting recklessly with regard to the accuracy of its report, i.e., with ‘actual malice,” the order reads. CNN had tried to get the case dismissed.
We’ve reach out to CNN for comment, and will update this story accordingly.
READ Judge’s Order here:
LOL -- the courts are now recognizing CNN to be fake news.
Maybe the scu&bags will have to begin paying for their
“falsehoods”.
IMHO
CNN to be VERY fake news.
If you are a docter that takes on only the sickest patients you are without a doubt going to have statistically worse outcomes.
The Damages, the damages man. What were the Damages?
Excellent.
Kudos to the exec. I wish more people would nail these liars.
I practice in GA, and Carbone’s attorney, L. Lin Wood is absolutely first class. For defamation and libel issues, I don’t think there is anyone better.
A free press is only valid if it sticks to facts instead of peddling rumors and lies for political reasons. It truly has become the enemy of the People - as someone I admire a lot has said ;-)
It would provide legal precedent that CNN lies and manipulates facts to report their "fake news".
Another great story as I am drinking my first cup of coffee.
May the owners and execs at CNN face public humility for their Fake News and then get their butts sued successfully in courts across the nation for Fake News.
No doubt. He should set up GoFundMe page for help defeating fake news. Oh, sorry... very fake news.
This is going to be “very” interesting in that CNN is also being sued by the medical director at St. Mary’s Medical Center’s pediatric cardiac surgery program,“suing CNN and several of its employees, alleging defamation of character”.
“Also named in the lawsuit; Elizabeth Cohen, John Bonifield, Anderson Cooper, Dana Ford and Kelly Robinson.”
http://www.wpbf.com/article/adorable-but-impatient-dog-honks-at-owner-from-car/8951296
https://assets.documentcloud.org/documents/2713783/20160216-Final-Black-Complaint.pdf
Can’t wait to see how this turns out.
Best outcome: They fight it out in court and CNN has to pay major damages.
Most likely outcome: They settle out of court and are not allowed to discuss the terms of the deal.
I really hope that the plaintiffs reject an out of court settlement in order to make this point publicly. I hope they care more about truth than about money.
Yes especially after being told their stat was skewed. Character Defamation same as Charactor Assination? CNN MO?
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