A judge has dismissed a lawsuit brought against Dr. Peter McCullough by two health care groups.
Dallas County Associate Judge Tahira Khan Merritt on Jan. 23 dismissed the suit from Baylor Scott & White Health and Health Texas Provider Network on Jan. 23.
Merritt’s dismissal, which came at the request of all parties, is with prejudice, meaning that litigation cannot be brought later over the same claims.
“This is a strong victory for freedom of speech and fair balanced publication and media presentation of clinical data as it has emerged over the course of the pandemic crisis,” McCullough, the chief scientific officer of the Wellness Company, said in a statement.
“My analyses and conclusions have been accurate, consistent, and have always been my own, not those of any institution,” he added.
A lawyer representing the plaintiffs did not respond to a request for comment.
McCullough, a cardiologist, was a vice chief of internal medicine in the Baylor Scott & White Health system and also employed by the Health Texas Provider Network medical group.
The plaintiffs, in their 2021 suit, alleged McCullough violated a separation agreement because, in interviews he conducted after the agreement was reached, McCullough was described as still being a vice chief and holding other positions he no longer held. Online profiles also listed the job titles.
That resulted in inquiries from journalists and medical professionals who wondered whether the health care entities supported the views of McCullough, who has championed early COVID-19 treatment and been critical of COVID-19 vaccines, according to the suit.
“This ongoing confusion regarding McCullough’s affiliations, and whether Plaintiffs support his opinions, is exactly what Plaintiffs bargained to avoid in the Separation Agreement and is likely to cause Plaintiffs irreparable reputational and business harm that is incapable of remedy by money damages alone. This is particularly true in the middle of a global pandemic,” the suit stated.
Gena Slaughter, another Dallas County judge, entered a temporary restraining order prohibiting McCullough from claiming employment by or affiliation with the plaintiffs or related entities in online posts or media appearances.
McCullough said in response that he abided by the separation agreement with Baylor Scott & White Health and Health Texas Provider Network, or BSWH and HPTN.
“I have honored this agreement and have not held myself out in any media as being currently employed by or affiliated with BSWH/HTPN, even though I continue to have full medical staff privileges at several of their facilities, treat patients at several of their facilities, have an office on one of their campuses, and, until recently, had a professorship at Texas A&M’s BSWH/HTPN campus location,” he said in a sworn declaration.
McCullough said he has repeatedly said all opinions he holds are his own and not that of any organization and that he cannot control how other people describe him.
McCullough also said he considered the lawsuit “as being motivated by my expressed views on the COVID-19 pandemic, the efficacy of vaccinations for COVID-19, and available treatment for COVID-19 patients to avoid hospitalization and death,” noting the litigation was brought on the same day BSWH and HPTN announced vaccine mandates for their employees.
A lawyer representing McCullough lodged a motion to dismiss, arguing the suit was related to McCullough’s rights to association and free speech, which are protected by the Texas Citizens Participation Act.
After mediation, the parties agreed in October 2021 to extend various deadlines.
As part of the agreement, McCullough said he would not say in interviews or on social media that he was on the staff or had privileges at BSWH affiliates.
McCullough agreed to say that “I am on medical staff at hospitals and medical centers in Dallas,” the filing stated.
“If pressed to identify which hospitals and medical centers in Dallas in any hearings in which he testifies under oath, he may accurately state those hospitals and medical centers in Dallas in which he currently has staff privileges,” it added.
On Jan. 17, the parties informed the court that the claims had been resolved.
“The Parties have a reached a resolution to the satisfaction of both parties, and, therefore, jointly request that the Court sign an order dismissing this cause with prejudice,” lawyers for the party said in a filing.
The parties were to pay for their own attorneys’ fees and costs under the agreement.
Merritt soon accepted the proposal, and granted the dismissal of the claims.