bury the lede

Coffey, Patterson Lose Lawsuit Against Star

Former Indy Star employees Lisa Coffey and James Patterson lose their discrimination lawsuit against the newspaper on a summary judgment ruling.

Read the whole decision here: StarSuit.pdf

WXIN Honors DCS Restraining Order

Here's a local example of possibly unconstitutional prior restraint in action, courtesy of this morning's Star:

Mark McGaha wanted to share his frustrations about the Department of Child Services with the public, but he never got the chance.

McGaha did an interview with an Indianapolis TV station, but a Fountain County judge issued a restraining order barring the station from airing his complaints or even showing his face -- apparently without even having seen the footage.

The segment about family advocacy group Honk For Kids was broadcast March 13, without McGaha's comments and with his face blocked out in a group shot of parents.

A legal scholar called Judge Susan Orr Henderson's action unconstitutional and said it "borders on judicial misconduct."

"Quite simply, a judge does not have the authority to stop the press from publishing or airing a story," said Henry Karlson, a professor at Indiana University School of Law-Indianapolis. "Any person has a right to contact the press and say a public agency is not treating them right."

Karlson said the judge's action amounted to "prior restraint," or government censorship, which is a violation of the First Amendment.

Dawn Robertson, spokeswoman for Honk For Kids, said Henderson's actions underscore the group's concerns about the way families involved with the child welfare system are treated.

"These are the kinds of abuses of power people across Indiana are dealing with every day," she said.

Robertson said the public is not aware of the extent of those problems because most aspects of child welfare cases are confidential. That means records and court proceedings typically are not open to the public or media.

A disabled veteran and single father of four, McGaha, 37, said he thinks the court and Department of Child Services are out to get him because he stood up to workers he contends have treated him and his four children unfairly.

After the TV segment aired, Honk For Kids asked the station, WXIN (Channel 59), why McGaha's face had been blurred and was told of the restraining order. That was the first that anyone, including McGaha, had heard about the judge's action.

Gavin Maliska, news director at WXIN, said station officials discussed challenging the order, which was issued the day the segment was to air, but decided McGaha's contributions weren't essential to the story.

"It came down to principle versus practical," he said. "If it would have affected what we were trying to do with the story, we probably would have had a different outcome."

Correcting The Record

Indy Star executive editor Dennis Ryerson pens his Sunday column about last weekend's front-page correction on a story that included a major jury verdict mistake. Ryerson explains:

Aweek ago a headline at the top of our front page was clear and to the ipoint: "Physicians lose child abuse suit." A secondary headline added that: "Plaintiff awarded $400,000 in case alleging doctors didn't report abuse."

Unfortunately, the main headline, as was the story under it, was as inaccurate as it was clear. A jury held Methodist Hospital responsible for not identifying and reporting suspected abuse of an 11-month-old child who was returned to his mother and later beaten to death by the mother's boyfriend. The jury ruled that the two physicians involved in the case, Dr. Gary Thompson and Dr. Michael Turner, were not liable. No question, it was a very bad error.

Our newsgathering and editing processes include several steps to prevent mistakes. Reporters are expected to check and recheck the information in their stories. Stories go through multiple layers of editing before they are printed.

When we become aware of errors we correct them on Page 2 of our first, or "A," news section. We also append the correction to our archived stories and rewrite those stories to correct the error, to ensure that an error isn't repeated.

Some situations require more action on our part, however, and this was one of them.

Hello, Glaring Error

UPDATE: Several sources have called to tell the rest of the story behind this gaffe. It was in no way, shape or form the fault of the bylined reporter or the person working the desk that night. Rather, the taglined reporter who was assigned to nab the verdict and ship it back to the mother ship on deadline didn't get his facts straight. He assumed that because a verdict had been handed down against the hospital that it also applied to the doctors. And we all know what happens when you assume.

The Indianapolis Star carried this above-the-fold correction alongside this story on the front page today:

A story on Page A1 in some editions Saturday incorrectly reported that a jury found against Dr. Gary Thompson and Dr. Michael Turner in connection with a 1998 child abuse case. The jury actually found in favor of both doctors. The story to the right reports the correct information. The Star apologizes for the error.

Can someone explain how in the world this happened?

The original story, which has been updated, now carries this correction:

Some editions of The Indianapolis Star Saturday incorrectly reported that a jury found against Dr. Gary Thompson and Dr. Michael Turner. The jury actually found in favor of both doctors. The story above reports the correct information. The Star apologizes for the error.

WISH Responds To CanaRx

WISH-TV has responded to a defamation lawsuit over its investigation into a Canadian company importing drugs to the United States. The Star reports:

WISH-TV (Channel 8) asked a federal judge this week to dismiss a defamation lawsuit against it by a Canadian pharmacy benefit company that sells to Americans.

CanaRx sued WISH in November saying it was defamed by a broadcast linking the company to sales of counterfeit imported drugs.

The Indianapolis TV station says Indiana's Anti-SLAPP Act protects the media against lawsuits over reports on public issues as long as the reporting was done in good faith and has "a reasonable basis in law and fact."

WISH charges that CanaRx's lawsuit, filed in November, is "attempting to silence media coverage of newsworthy events." At the time its lawsuit was filed, CanaRx had contracts with five Indiana municipalities, including Muncie, to offer mail-order prescription drugs to their employees.

The company said it knew of no reports of "bogus or counterfeit medicine" found in any of millions of prescriptions it's shipped to U.S. customers.

FCC Overturns Ownership Ban

Let the ownership fun begin:

"The Federal Communications Commission in a party-line, 3-2 vote, agreed today to overturn a 32-year-old ban and allow broadcasters in the nation's 20 largest media markets to also own a newspaper.

"FCC Chairman Kevin Martin was joined by his two Republican colleagues in favor of the proposal, while the commission's two Democrats voted against it.

"Martin pushed the vote through despite intense pressure from House and Senate members on Capitol Hill to delay it. The chairman, however, has the support of the White House, which has pledged to turn back any congressional action that seeks to undo the agency vote."

CanaRX Legal Documents

As promised, here's a copy of the lawsuit -- and supporting documents -- that CanaRx filed yesterday against WISH-TV for its investigative series on discount drugs.

CanaRX Complaint

CanaRX Transcript

CanaRX Report

CanaRX Letter

CanaRx Files Defamation Lawsuit Against WISH

Here's a copy of the press release from CanaRx announcing its defamation lawsuit against WISH-TV. (A copy of the lawsuit will be posted once it's available on PACER.)

CanaRx Sues WISH TV

(Indianapolis, Nov. 19) — CanaRx Services Inc., a Canadian pharmacy benefits manager, today filed a federal defamation lawsuit against WISH TV for a grossly unfair and patently concocted I-team report that aired November 2.

WISH TV's report inaccurately described CanaRx, as "a Canadian internet pharmacy" and conflated it with "counterfeit drugs."

It identified no other pharmacy or pharmacy benefits manager by name. The report, which has also been made available to the public on the WISH TV web site, "conveyed to viewers the false message the CanaRx deals in counterfeit drugs, fake drugs, drugs in wrong dosages, and unsafe drugs," according to the CanaRx complaint.

WISH TV "knew or should have known that such message was false and acted in reckless disregard for the truth of the matter."

WISH TV also misinformed its viewers by claiming to have made "calls" to CanaRx for comment. In fact, a WISH TV employee made one phone call to CanaRx, less than two hours before the Friday evening broadcast on which the report aired.

"We provide only the highest quality medications," said G. Anthony Howard, president of CanaRx.

"Licensed physicians and pharmacists review every order dispensed and shipped. All prescriptions are filled precisely as written by the prescribing physician. The CanaRx Network of pharmacies supplies only certified name brand medications from Tier 1 Countries as approved by the Congress of the United States."

"We hide nothing. We are ready to talk anytime. That is why we are here. We respect every one of our customers and so we cannot allow WISH TV’s actions to cause concern or confusion.

"Had WISH TV done its job, it would have found that millions of Americans and hundreds of thousands of Hoosiers have a hard time finding enough money to buy the pharmaceuticals on which their lives and health depend – and that, in fact, CanaRx offers them a legitimate and safe way to obtain the medicine they need at prices they can afford.

"We and other reputable providers help these patients every day. But instead of real reporting, WISH TV chose to blunder on the air. For the many Americans whose personal means do not enable them to pay full U.S. retail prices, WISH TV failed its journalistic and broadcasting mission.

"Finally, I must say that we would not sue if WISH TV had taken an unbiased approach and chosen to air the true facts about CanaRx. All we asked of WISH TV was to air both sides. But that did not fit WISH TV’s handout-news agenda."

"CanaRx seeks to enjoin WISH TV to prevent destruction of records and evidence related to the broadcast, a retraction or correction from WISH-TV, money damages -- both compensatory and punitive, and legal fees and costs.

"WISH TV's conduct is outrageous. It ignores facts, reports falsehoods and demonstrates no journalistic enterprise. When told of its mistakes it attempted a cover up by refusing to air both sides of the story. CanaRx has too many American customers to allow this slander to stand unchallenged," said Joseph A. Morris, CanaRx trial counsel.

The Indy Star provides this synopsis of the case:

"Canadian pharmacy benefit manager CanaRx sued WISH-TV (Channel 8) for defamation today for a Nov. 2 broadcast that linked CanaRx with sales of counterfeit drugs.

"The Windsor-based company sent its president, chief pharmacist and two attorneys to Indianapolis to announce the lawsuit and demand an on-air retraction of statements made in the broadcast.

"The eight-page lawsuit, filed in U.S. District Court, charges that reports in the broadcast were 'false, defamatory and constituted commercial disparagement of CanaRx and its business.'

"CanaRx sells low-priced prescription drugs in the United States using a network of doctors and pharmacies in Canada, Great Britain, Australia and Israel.

"The seven-year-old company was the first Canadian discount drug company to sign a supply agreement with a U.S. municipality and now has contracts with over 100 U.S. municipalities, including five in Indiana, said its president, G. Anthony Howard.

"The WISH Nov. 2 broadcast, entitled 'Bad Medicine,' cited instances of tainted prescription drugs being sold in the United States, including drugs containing ground-up concrete and the poison strychnine.

"Howard said CanaRx ships its drugs in manufacturer-sealed packaging and "We have never had an incident of a bogus or counterfeit medicine."

"WISH reporter Karen Hensel, who did the broadcast, was also named in the lawsuit.

"WISH General Manager Jeff White declined to comment on the lawsuit 'until we hear more about it.'"

CanaRx To Take Legal Action Against WISH

CanaRx Services, which recently was the subject of a WISH-TV investigation into discount drug distribution, is planning to announce legal action against the station tomorrow:

FOR IMMEDIATE RELEASE
Sunday, November 18, 2007

CanaRx Sues WISH-TV News 8

WHO: G. Anthony Howard, CanaRx President
Joseph A. Morris, CanaRx Lead Counsel

WHAT: CanaRx will announce legal action against WISHI-TV and Reporter Karen Hensel.  CanaRx, a Canadian pharmacy benefits manager which makes prescription drugs made in the U.S. and other major countries available to American consumers at discounted Canadian prices, charges that it was defamed in shoddily-researched "I-Team" reports and falsely linked with "bad meds".

WHEN: 10 am, Monday, November 19

WHERE: Sheraton Indianapolis City Center Hotel
Meridian West Room
31 West Ohio Street
Indianapolis

The investigative piece has been pulled from the WISH-TV website, but it should be noted that defamation is no easy hurdle to clear in the American justice system.