Article archive / July 1, 2012
Originally published: . Volume 3, No. 11. Source pages: 6.
Dr. Courtney’s Suit Goes Forward But Without Angie’s List Negative Comments Included General Criticism of Medical Psychologists, PsyD
In March, 2012, Dr. John Courtney, a member of the psychology board, filed a lawsuit for libel against Angie’s List and Dr. Bartholomew Vereb, a psychiatrist.
In early June Dr. Courtney forwarded a copy of the complaint to the Times and invited the publisher to speak with his attorney, Nakisha Ervin-Knott. In a recent phone conversation Ms. Ervin-Knott said that the part of the suit against Angie’s List had been dismissed, even though the judge deliberated for a considerable time, she explained.
She noted that Angie’s List was considered protected under the Common Decency Act that was created for blogs, she explained. Section 230 of the Act states that websites will not be treated as the publisher of comments posted by third parties if the online site is “passive.”
“We are very disappointed that Angie’s List can hide under this,” Ervin-Knott said, explaining that Angie’s List advertises that they verify data and check to ensure that comments are not coming from competitors. Ms. Erin-Knott said, “We understand that the judge’s hands were tied, but we are disappointed. Angie’s List says ‘we check’ and ‘we verify information,’ ‘we vet information.’” She explained that they did not view Angie’s List as passive and this was why they took this direction.
Both attorney Ervin-Knott and Dr. Courtney indicated to the Times that the suit would be going forward regarding Dr. Vereb’s comments.
Dr. Courtney explained to the Times that he had never seen the man [Vereb] or his family. In the legal complaint, the attorney wrote, “Dr. Courtney, contrary to Dr. Verebs comments, had never met nor treated Dr. Vereb or anyone in Dr. Vereb’s family.”
Also in the complaint, Dr. Vereb’s comments on Angie’s List were described. “I was referred to this joker by my child’s school. From what I understood, this is “mental health professional.” Courtney is NOT a doctor, nor is he a Ph.D. Is some para- professional, not much of anything, who has gained, through legislative shenanigans, the ability to prescribe psychotropic medications. There is no indication that he has any idea of what the side effects may be … and he is not licensed to treat those side effects in any case. He is, in sum, a quack.”
Dr. Vereb also is reported to have posted, “This is not a physician. He is not qualified. He is a quack.” And, “These people are not doctors. They have no medical training whatsoever. They misrepresent themselves.” And, “They are, quite frankly, dangerous. They have no qualifications whatsoever.”
Angie’s List did not immediately remove the comments after Courtney alerted them to the problem, the claim noted. Instead, they required that Courtney join their “business group” in order to get the author’s identification. Then it took until February 8, 2012 until Angie’s List deleted Vereb’s comments.
In the cause of action, Dr. Vereb is alleged to have intentionally and maliciously, posted false and defamatory comments …” and that “Dr. Vereb’s comments are defamatory since they have injured the Plaintiff’s personal and professional reputations, and have caused personal humiliation, …” and “ … harmed Plaintiff’s standing in the medical community.”
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