In the past, Dr. Graboff has testified against other physicians as an expert witness in cases of medical malpractice. After submitting a report as an expert witness, Dr. Graboff was suspended from AAOS in June 2009 and his suspension was listed publicly on the organization’s website and in its newsletter. Dr. Graboff maintained that this exposure resulted in loss of income and reputation. He filed a claim of five counts against AAOS, including intentional interference with prospective contractual relations, defamation, breach of contract, commercial disparagement (which was voluntarily dismissed by Dr. Graboff after the close of evidence at trial) and false light publicity. The court found in favor of Dr. Graboff in only one count: false light publicity. AAOS does not agree with this portion of the verdict and is exploring its options for post-trial motions or appeal.
The court found in favor of AAOS in the counts of interference with prospective contractual relations, breach of contract and defamation.
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