HOUSTON – A man who claims his knee surgery ruined his life failed to have a lawsuit brought against him by the surgeon who operated on him dismissed under the Texas Citizens Participation Act.
On Oct. 20, the 14th Court of Appeals affirmed a ruling denying David Stone’s motion to dismiss.
Case background
Stone began treatment at Bay Oaks Orthopaedics with Dr. Anthony Melillo in 2010 for an on-the-job injury to his left knee. Following surgery, Melillo told Stone he’d likely develop arthritis in his knees and might need knee replacement surgery in the future. Stem cell injections were administered in 2015. Another surgery was also performed.
In April 2016, Stone called Melillo and expressed anger that he was still experiencing pain in both of his knees. Melillo recalls that Stone threatened him.
In February 2018, Stone begin distributing flyers at Bay Oaks accusing Melillo of improperly performing the 2015 arthroscopies. Shortly after the flyers were distributed, Melillo retained counsel who sent a cease and desist letter to Stone.
On Aug. 6, 2018, Stone appeared outside Bay Oaks’ offices displaying a sign stating “Dr. Antonio Millilo [sic] has ruined my quality of life with botched and unnecessary surgery!”
Four days later, Melillo and Bay Oaks filed a lawsuit against Stone alleging defamation and seeking a restraining order.
“We conclude Appellees satisfied their burden under the second step of the TCPA framework and brought forth clear and specific evidence establishing a prima facie case for each essential element of their defamation claim,” the opinion states. “Therefore, we overrule Stone’s fourth issue with respect to Appellees’ defamation claim.”
Case No. 14-18-00971