February 2nd, 2023:

Of interest.

A state district judge has dismissed Dr. Mary Talley Bowden’s defamation lawsuit against Houston Methodist Hospital, which suspended the doctor’s privileges in late 2021 over COVID misinformation.

Judge Mike Engelhart, of the 151st Civil District Court, heard arguments Monday afternoon after the hospital asked to dismiss the case and strike evidence from the record. The ruling appeared on online docket Tuesday, but the written order has not been made available.

Bowden responded shortly after the decision on Twitter: “We will appeal.”

That’s the early version of the dismissal story. An earlier version, from before the ruling came down and which has more background on the suit, is here.

The hearing was the latest development in the months-long dispute between Bowden, an ear, nose and throat specialist who practices in River Oaks, and the hospital. The feud started in November 2021, after Methodist announced her suspension from its “provisional staff” and issued a statement saying the doctor spread “harmful” misinformation about COVID vaccines and treatment. The hospital also cited “unprofessional behavior,” including vulgar language on social media, as a key reason for the suspension.

The doctor, who later resigned, had been touting the benefits of ivermectin for treatment of COVID-19 at a time of intense public debate around the off-label use of the antiparasitic drug to treat the virus. Bowden also had suggested the COVID vaccines are dangerous. Large studies still show no benefit of ivermectin against the virus, and evidence shows the COVID vaccines are safe and effective.

Bowden filed her defamation lawsuit against the hospital in July 2022, saying she lost patients and was exposed to “public hatred, contempt, ridicule and financial injury.” Methodist has argued that medical evidence backs up its statements. The hospital also contends that Bowden repeated the alleged defamatory statements herself in multiple conservative media appearances and profited from the ordeal.

The central issue in Monday’s hearing was whether the doctor’s claims could be dismissed under the Texas Citizens Participation Act, which protects free speech.

LeRoy argued that Bowden became a public figure by “inserting herself” into a public debate about COVID, and that Methodist had to respond when she falsely stated the hospital denied care for unvaccinated patients — a claim Bowden later walked back. Bowden also could not provide clear enough evidence to show hospital officials made false statements or acted with reckless disregard for the truth, LeRoy said.

Biss countered that Bowden could prove the hospital made false statements, in part because the hospital portrayed her as an “unfit medical doctor” despite using her COVID data. Bowden previously had said she had been “sharing data” with physicians at Methodist to help them publish research.

“It wasn’t so dangerous or harmful that Houston Methodist didn’t rely and collaborate with Dr. Bowden,” Biss said.

LeRoy said that sharing data with physicians for research “does not mean she is right.”

“This is exactly the type of case that the (Texas Citizens Participation Act) is made for — accusations about a serious issue of public concern that aren’t based in any specific evidence,” LeRoy said.

Here’s a fairly simple explanation of the Texas Citizens Participation Act, sometimes called the Texas Anti-SLAPP Statute. More lawyerly explanations of it are here and here. My interpretation of this is that Houston Methodist successfully argued that Bowden’s lawsuit was an attempt to suppress their ability to freely talk about COVID. I’m happy to hear from real lawyers about this.

I think you can guess where my sympathies lie on this one. Looking in my archives I had not previously noted this case, but I did write about another unsuccessful anti-vaxxer lawsuit against Houston Methodist. We’ll see what if anything happens on appeal, a process that is likely to take years if it does go anywhere.