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Inc., are referred to hereinafter as Harte-Hanks). The reports
claimed that petitioner performed unnecessary surgery and
delivered poor quality medical care; the reports alleged acts
that would be criminal under the laws of Texas. As a result of
the broadcast reports, petitioner's reputation and medical
practice were destroyed, his hospital privileges were revoked,
his medical malpractice insurance was canceled, and he was
subjected to multiple malpractice suits.
After the series aired, petitioner brought suit in the 224th
Judicial District Court of Bexar County, Texas, based upon
defamation due to libelous and false statements, invasion of
privacy, infliction of emotional distress, tortious interference
with contracts, libel per se, and loss of medical practice,
patients, and potential patients.2 Petitioner pled for actual
damages in an amount in excess of $8,500,000 and punitive damages
in an amount in excess of $2 million, with prejudgment interest
on damages, and interest on the judgment at the legal rate from
date of judgment.
The case was tried before a jury in San Antonio during March
and April 1990 resulting in a verdict on April 10, 1990. The
jury found that the broadcast series was defamatory and false,
impeached the honesty, integrity, virtue, or professional
2 The suit was styled Sudhir Srivastava, M.D. vs. Harte-
Hanks Television, Inc. d/b/a KENS-TV and Harte-Hanks
Communication, Inc..
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