Judge Hands Former Hospital CEO Major Victory Against CNN: Reckless Reporting “With Malice”
Once again, CNN is back in the headlines as a fake news outlet. This time, it comes from a federal judge, who did not refer to CNN as a complete fake news media corporation, but did say they that they were “acting recklessly with regard to the accuracy of its report, i.e., with ‘actual malice’.” The ruling from the judge allows the case to move forward and shoots down CNN pleading that the case be dismissed.
Law News reports:
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,” Mr. Wood said.
CNN attempted to get the case dismissed. They failed.
Judge Evans ruled the case could move forward and she added that CNN may have made their report with malice. Judge Evans didn’t mince words either in her 18-page order.
“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,” Judge Evans’ order reads.
Mr. Carbone is seeking $30 million in damages. He claims that a faulty statistical analysis tainted its 2015 investigation titled “Secret Deaths: CNN Finds High Surgical Death Rate for Children at a Florida Hospital.”
As a result of the report, the hospital’s pediatric cardiac surgery program shut down and Carbone was forced to resign. He has been unemployed since that time.
I wonder if the American people could file a class action lawsuit against CNN for the fake news stories they produced. Just take a look at the video evidence of their malicious news stories and also the recent release by Project Veritas behind the scenes at CNN.