A U.S. Court of Appeals Third Circuit judge rejected Lance Yarus', MD, appeal to vacate a jury's verdict in favor of Walgreens, according to The Legal Intelligencer.
Here are seven things to know:
1. In 2013, Dr. Yarus sued Walgreens for defamation after alleging pharmacists told patients receiving prescriptions from Dr. Yarus that the orthopedic surgeon was under investigation by the Drug Enforcement Administration.
2. It was alleged pharmacists told patients due to their inability to fill Dr. Yarus' prescriptions.
3. The case was moved to federal court in the Eastern District of Pennsylvania where a jury ruled in favor of Walgreens. Dr. Yarus' lawyer filed an appeal then, stating the jury's instructions were inaccurate.
Dr. Yarus argued the jury should not have decided whether the alleged statements from pharmacists were false statements of fact but rather statements of opinion.
4. The circuit court judge agreed the jury was given false instructions but said "their inclusion as instructions to the jury did not constitute plain error," according to The Legal Intelligencer.
5. Dr. Yarus' lawyer argued the provided evidence should force a new trial. He said the evidence met the burden to prove the alleged statements were not opinions.
6. The orthopedic surgeon claimed the district court was wrong when refusing to provide instructions indicating Walgreens had the burden of proving truth. Walgreens stated the alleged statements about Dr. Yarus by pharmacists were never said.
7. The judge found Dr. Yarus' argument for appeal to be specious. He went on to include, the orthopedic surgeon's case is out of the one-year limitations period, as the alleged statements were said to be made in 2009.