A federal appeals court has ruled in favor of the Portland Press Herald, Bangor Daily News and other media outlets in a libel case filed by a former podiatrist for the Togus Veterans Affairs Medical Center in Augusta.
The U.S. First Circuit Court of Appeals in Boston on Wednesday upheld a 2021 federal district court summary judgment that dismissed Dr. Thomas Franchini’s allegations against the media companies.
In addition to the Press Herald and Bangor Daily News, also named as defendants in the lawsuit were Gannett, the parent company of USA Today, and Investor’s Business Daily. Franchini originally filed the lawsuit in 2018, accusing the outlets of libel and negligent infliction of emotional distress.
The Press Herald reported in 2017 that six veterans had sued the federal government over alleged mistreatment of foot and ankle problems at Togus. The complaints came amid national criticism of the Department of Veterans Affairs over mismanagement and long wait lists that resulted in deaths. Other news outlets, including the Bangor Daily News, also published stories on those lawsuits.
Franchini, the podiatrist at the center of the lawsuit, was not a defendant in those cases but was named in court documents and subsequent news coverage. The Press Herald stood by the accuracy of those articles.
“The VA’s investigation of Franchini’s performance at VA Togus and conclusions that his care was substandard were well documented and contrary to the VA’s interest,” wrote U.S. First Circuit Judge Sandra Lynch.
The circuit court upheld a ruling by the district court that Franchini is a “voluntary limited-purpose public figure.”
“The district court correctly concluded that Franchini was a voluntary limited-purpose public figure because the record shows (1) a public controversy existed regarding the adequacy of medical care provided by the VA, and in particular by VA Togus to veterans, which gave rise to the articles at issue and (2) Franchini voluntarily injected himself into the issues, at the very least through his blog posts and comments.” Lynch wrote. “We affirm judgment of the district court.”
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