HOUSTON - The 14th Court of Appeals today affirmed a final judgment dismissing a defamation lawsuit brought by Dr. Mary Talley Bowden, who publicly voiced her opposition on vaccine mandates, against Houston Methodist Hospital.
According to the opinion, during the pandemic Dr. Bowden’s practice shifted from treating patients with sinus and sleep issues to treating COVID-19 patients. She treated her patients with Ivermectin, an off-label prescription. As time progressed, Dr. Bowden became an opponent of vaccine mandates and eventually the vaccines, expressing her views on social media.
On Nov. 8, 2021, she tweeted that: “Vaccine mandates are wrong.”
In response to Dr. Bowden’s social media posts, Methodist issued a statement on its Twitter account: “Dr. Mary Bowden, who recently joined the medical staff at Houston Methodist Hospital, is using her social media accounts to express her personal and political opinions about the COVID-19 vaccine and treatments. These opinions, which are harmful to the community, do not reflect reliable medical evidence or the values of Houston Methodist…”
Following the statement, a media blitz ensued, and Dr. Bowden was suspended on Nov. 8, 2021. She filed suit against Houston Methodist, alleging defamation and seeking $25 million for compensatory and punitive damages.
Houston Methodist moved to dismiss Dr. Bowden’s claims under the Texas Citizens Participation Act, which the trial court granted, signing a final judgment.
On appeal. Dr. Bowden argued that the trial court erred in granting Houston Methodist’s motion to strike her unsworn declaration and motion to dismiss under the TCPA.
The 14th Court concluded that because Dr. Bowden failed to satisfy her burden to establish, by clear and specific evidence, a prima facie case as to at least one element of her defamation claim, the trial court did not err in dismissing the claim under the TCPA.
“We conclude that Houston Methodist met its initial burden to show that Dr. Bowden’s claims against it fall within the TCPA,” the opinion states. “The burden then shifted to Dr. Bowden to establish by clear and specific evidence a prima facie case for each essential element of her claims. Dr. Bowden failed to establish a prima facie case for her defamation claims.
“We therefore affirm the final judgment.”
Appeals case No. 14-23-00130-CV