An Austin dentist whose 14-month-old patient died after being put under anesthesia in 2016 is suing multiple national media outlets and broadcast personalities, including Nancy Grace, over their reports of the case.
In the lawsuit filed Tuesday in Travis County state district court, Dr. Michael Melanson says the media outlets committed libel and slander by broadcasting and publishing what Melanson says is an inaccurate report from Dr. Robert Williams, an independent forensic dental examiner, who questioned why Melanson believed it was necessary to perform a dental procedure on 14-month-old Daisy Lynn Torres.
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Torres died March 29, 2016, about two hours after emergency personnel were called to Austin Children's Dentistry because her heart had stopped beating.
Melanson’s attorney, Warren Westberg of Plano, released a statement condemning those named in the suit, saying they had falsely reported facts of the case.
“Dr. Melanson genuinely regrets that the statements and publications of a few defendants following the Torres incident left him and his family with no choice but to take legal action in addition to that already pending against Dr. Williams. It is truly unfortunate that certain reporting related to this tragic and heart-rending occurrence has only elevated and exacerbated the situation through careless, if not irresponsible and reckless, statements which appear to have been made in an attempt to increase profits and ratings without providing due consideration for accuracy, integrity, respect and fairness.”
The lawsuit says the broadcast and transcript from “The Nancy Grace Show” on Sept. 1 overstated Williams’ report “as establishing there were no cavities, that no procedure or treatment was necessary, and that a baby died tragically and unnecessarily as a direct result of Dr. Melanson’s egregious and outrageous conduct.”
An investigation by Williams concluded the operation was potentially unnecessary, "considering no indication of dental disease or pathology was seen in the dental radiographs dated 3/29/16."
Grace advocated for abused children on her show, which Headline News stopped airing last fall. The lawsuit says she made several false statements, claiming the girl died at the dentist’s office — she was pronounced dead at St. David’s North Austin Medical Center, according to authorities — and that an investigation by Williams concluded the girl didn’t need the operation.
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That language is too strong, the lawsuit suggests, because Williams said only that he was questioning the reason behind the operation.
A subsequent review by Austin Children’s Dentistry determined the treatment was necessary, the lawsuit says.
An autopsy report stated the cause of the girl’s death was likely anesthesia.
Also named in the lawsuit is Turner Broadcasting System Inc.; CBS Television Distribution; Daily Mail; Erin Elizabeth Finn, individually and as principal of www.healthnutnews.com; and Womanista. The allegations against them are mostly similar to the ones against Grace.
Melanson’s attorneys are requesting a jury trial.
The lawsuit follows two others related to the girl's death. Torres' family sued Austin Children's Dentistry in March of this year, claiming the procedure was unnecessary and an attempt to "line the pockets" of the dental practice with Medicaid funds. The practice sued Williams in September, claiming he backed out of an agreement with them to clarify some of his findings.
Both lawsuits are pending.
In March 2017, the state Board of Dental Examiners dismissed its investigation against Melanson, finding insufficient evidence to continue its proceedings.
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