Davis >Doctors > Kimberly A. Henry, M.D.
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Dr. Henry Is Suing Posters on Sites – By CASP
Dr. Henry Is Suing Posters on This Site
There has been publicity recently about a lawsuit filed by Dr. Kimberly Henry against 12 posters for comments they made about their experience with her on the review sites doctorscorecard, yelp, or citysearch.. Her lawsuit asks for a court declaration that every post is “defamatory and libelous,” an injunction ordering that the posts be immediately removed from the Internet and prohibiting the defendants from publishing “any defamatory statements about plaintiff or her medical practice,” and millions of dollars in damages.
The California Anti-SLAPP Project has obtained a copy of the Complaint and the First Amended Complaint in this case, Henry v. Does, Marin Superior Court Civ. 095020, filed September 30, 2009. The lawsuit lists 12 Doe defendants, suing them for posts they made under the following screen names: RUINEDMYLIFEFOREVER, herman212, Alexa B., Deirdra C., HotMama, Kbarron, michelle, realgirl, desha, Drkimbrlyhenryalert, Kbarron, and kaia.
If you are, might be, or know or might know, any of said posters, and would like to get a copy of the First Amended Complaint, or articles please contact us at 510.486.9123
THE MEDICAL BOARD REPRIMANDED DR. HENRY
As we wrote in a previous post on August 9, 2010, Dr. Kimberly Henry is suing several former patients for claims relating to the negative reviews of her services they posted online.
California law protects people from lawsuits that are merely brought to intimidate and silence critics, which these claims may be. The law particularly protects discussion of an issue of public interest, like the quality of medical care, that consumers engage in when considering treatment and practitioners. Some individuals who file lawsuits effectively bully their critics, but we encourage people to stand up to these tactics and defend their First Amendment rights. Prospective clients and patients should have more than advertising materials at their disposal when considering treatment providers, and consumer reviews provide a valuable public service.
Below is information about a reprimand that Dr. Henry received from the state Medical Board.
On July 12, 2006, the Medical Board of California issued a Public Letter of Reprimand to Dr. Kimberly Henry. It stated: “An investigation by the Medical Board of California revealed that you purchased and administered to yourself and approximately 40 patients Type A Botulinum Neurotoxin, distributed by Toxin Research International. You failed to inform the patients that the botulinum toxin you were using was not approved by the Food and Drug Administration, was for research purposes only and was not intended for human use. These actions are in violation of California B&P Code section 2238, violation of drug statute/regulation.”
Please contact our office for a copy of the reprimand. 510.486.9123
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