Healthy Skepticism Library item: 17211

Warning: This library includes all items relevant to health product marketing that we are aware of regardless of quality. Often we do not agree with all or part of the contents.

Publication type: Journal Article

Dyer C
Doctor could face financial ruin even if he wins libel case
BMJ 2010 Feb 16;
http://www.bmj.com/cgi/content/extract/340/feb16_2/c967

Abstract:

An attempt to settle a libel battle between the British cardiologist Peter Wilmshurst and the US medical device manufacturer NMT Medical by mediation has failed, and the case now seems headed for a trial that could prove financially ruinous for him even if he wins.

NMT is opposing an application by Dr Wilmshurst’s solicitor, Mark Lewis, for the company to pay into court enough money to guarantee that his legal costs will be reimbursed if he successfully defends its libel action against him.

The company, which is based in Boston, Massachusetts, is suing him over remarks he made to a US website alleging flaws in a clinical trial of its STARFlex septal repair implant (BMJ 2008;337:a2412; doi:10.1136/bmj.a2412). He was joint principal investigator of the trial.

So far he has incurred costs of around £200 000 (230 000; $313 000) fighting the claim, of which he has . . .