Thursday, September 6, 2012
Wakefield Files Appeal in Texas
Thanks to Narad on Respectful Insolence we now have confirmation that Andy Wakefield has filed his appeal in the Texas Third Court of Appeals. Wakefield's libel suit against Brian Deer, Fiona Godlee and the British Medical Journal (BMJ) was dismissed in August 2012 on jurisdictional grounds. Of course we will be keeping an eye on this case.
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Yes, thanks to Narad we heard about Wakefield's appeal.
ReplyDeleteIf the case goes forward and Wakefield loses (which I am counting on), then the BMJ, Fiona Godlee and Brian Deer will go after Wakefield using Texas' Anti-SLAPP law:
http://slappedintexas.com/
If Wakefield has looted all the donations from the anti-vaccine crowd for his "Justice Fund", I hope that he is forced to reveal the sources of his income...whereby his future income sources, will have liens to pay off fines and damages associated with his frivolous lawsuits.
wait - let me try this again - prediction:
ReplyDeleteOOOO, this not be cheap
Actually this appeal will be very cheap. Wakefield has no case, so his attorneys merely have to repeat their previous arguments, lose the case, and bill him. This allows Wakefield to spend the next year or so saying he is appealing.
ReplyDeletebut he may be fined under the new Anti-SLAPP legislation and one would hope that by the time the judges are through with the appeal of a case that was frivolous to begin with, they'd be the mood to make the fine hurt.
ReplyDelete@ Catherina: It's not just the fines that Wakefield could be SLAPP'ED with, it's the costs incurred by the BMJ, Fiona Goddlee and Brian Deer to defend themselves against this frivolous lawsuit.
ReplyDelete(Defendants' legal costs, their loss of income...I'm smiling, just thinking about those monetary damages), :-)