Allegation: CNN reports that mortality rate for pediatric open heart surgery at West Palm Beach, Fla. hospital is over three times the national average. But that’s not so! CNN included less risky closed heart surgeries in its figure; in fact, there is no statistically significant difference between the hospital’s mortality rate and the national average. Nevertheless, the hospital closes its pediatric cardiology program and forces its CEO to resign. The now-former CEO sues CNN for defamation; CNN moves to strike the complaint under Georgia’s anti-SLAPP (strategic lawsuit against public participation) statute. Eleventh Circuit: Anti-SLAPP conflicts with federal rules and can’t be used here.
