View all newsletters
Sign up for our free email newsletters

Fighting for quality news media in the digital age.

  1. Publishers
  2. B2B
August 7, 2012updated 14 Sep 2012 2:54pm

Wakefield fails in defamation bid against BMJ

By PA Media Lawyer

Andrew Wakefield, who was struck off the medical register for professional conduct over allegations that the MMR vaccine was linked to autism, has failed in a bid to sue the British Medical Journal (BMJ) for defamation.

Wakefield, who now lives in Austin, Texas, tried to sue the prestigious journal, its editor-in-chief, Fiona Godlee, and investigative journalist Brian Deer over a series of three articles and a commentary which appeared in the BMJ in 2011.

The stories declared that the scare over MMR – a vaccine intended to protect children against measles, mumps and rubella – was "an elaborate fraud".

The General Medical Council struck Wakefield off the medical register in 2010, after finding him guilty of serious professional misconduct, including dishonesty and unethical behaviour.

Wakefield launched his libel case in the 201st District Court in Travis County, Texas.

But in a decision on Friday, Judge Amy Clark Meachum dismissed the case, saying that the Texas court had no jurisdiction over the BMJ, Dr Godlee or Deer.

Defence attorney Marc Fuller, of Dallas law firm Vinson and Elkins, told the American-Statesman newspaper and website in Austin: "We're very pleased with the court's decision.

Content from our partners
MHP Group's 30 To Watch awards for young journalists open for entries
How PA Media is helping newspapers make the digital transition
Publishing on the open web is broken, how generative AI could help fix it

"We stood behind the reporting in the case, and from our perspective, it's over."

Wakefield told the newspaper he intended to appeal.

It is understood that had the court not accepted the lack of jurisdiction point, the BMJ, Dr Godlee and Deer would have argued that the case should be struck out under Texas's so-called anti-Slapp – Strategic lawsuit against public participation – legislation, which is intended to curb meritless defamation claims aimed at silencing critics or preventing other freedoms of speech.

Dr Godlee said of the court's decision: "We have always had full confidence in what we published in the BMJ. We look forward to putting this litigation behind us."

Wakefield's 1998 Lancet paper, which he suggested raised a possible link between autism and MMR, was retracted by the Lancet in 2010 and described by the journal's editor as "utterly false."

At the start of 2007 Wakefield dropped a libel case against Channel 4, Twenty Twenty Productions and Mr Deer over a programme in the Dispatches series entitled "MMR [What They Didn't Tell You]" which was broadcast on November 18, 2004.

Earlier he had applied unsuccessfully for a stay in the proceedings, arguing that case should be held in abeyance until the conclusion of proceedings before the General Medical Council.

Topics in this article :

Email pged@pressgazette.co.uk to point out mistakes, provide story tips or send in a letter for publication on our "Letters Page" blog

Select and enter your email address Weekly insight into the big strategic issues affecting the future of the news industry. Essential reading for media leaders every Thursday. Your morning brew of news about the world of news from Press Gazette and elsewhere in the media. Sent at around 10am UK time. Our weekly does of strategic insight about the future of news media aimed at US readers. A fortnightly update from the front-line of news and advertising. Aimed at marketers and those involved in the advertising industry.
  • Business owner/co-owner
  • CEO
  • COO
  • CFO
  • CTO
  • Chairperson
  • Non-Exec Director
  • Other C-Suite
  • Managing Director
  • President/Partner
  • Senior Executive/SVP or Corporate VP or equivalent
  • Director or equivalent
  • Group or Senior Manager
  • Head of Department/Function
  • Manager
  • Non-manager
  • Retired
  • Other
Visit our privacy Policy for more information about our services, how New Statesman Media Group may use, process and share your personal data, including information on your rights in respect of your personal data and how you can unsubscribe from future marketing communications.
Thank you

Thanks for subscribing.

Websites in our network