(From the Indianapolis Business Journal)J.K. WallA former patient of local plastic surgeon
Dr. Barry Eppley says he has made her life hell the past eight years. Eppley, in a recent lawsuit, says much the same about her.
The patient, Lucille Iacovelli, has posted a steady
stream of videos and caustic
comments on Web sites about a face-lift surgery Eppley performed on her in 2001. Ever since, the Massachusetts resident says, she has had extreme difficulty breathing, making her homebound, pained and impoverished.
The Web campaign has cost Eppley significant business, he complained when he sued Iacovelli for defamation and loss of business March 30. Eppley has practicing privileges and rents space at the Clarian Health hospitals in Carmel and Avon and co-owns the Ology spas in those facilities.
The lawsuit, pending in federal court in Indianapolis, already has turned nasty.
Iacovelli accused Eppley’s attorneys of pulling a “legal stunt” by fabricating a suicide threat from her and then notifying the Massachusetts Department of Mental Health. It sent police March 31 to take Iacovelli to a hospital.Friends of Iacovelli have launched new Web sites criticizing Eppley, Clarian and even the U.S. District judge on the case,
Sarah Evans Barker.It’s a sign of the times. Doctors are beginning to realize what most corporations have over the last decade: that business reputations are won and lost on the Internet.
There are now at least three dozen Web sites inviting patient reviews of doctors, and patients have embraced the offer. Doctors are beginning to respond in kind or in court.
“We are seeing more and more of this,” said Kent Smith, a medical litigation attorney at Hall Render Killian Heath & Lyman in Indianapolis.
Lawsuits are one strategy to stop patients from commenting online. Other doctors have tried to pre-empt nasty comments by asking patients to sign a contract promising not to post comments about them online unless the doctor first agrees.
Other doctors haven’t tried to stop online comments, but have instead joined in. In 2008, the 71-physician OrthoIndy practice started its own sites on Facebook, MySpace and Twitter, putting out information about itself but also opening itself to more online comments from patients.
“It’s very scary for any business to think, ‘Oh, we may get a negative comment on that,’” said Kasey Peterson, OrthoIndy’s manager of public relations and communications, who initiated and oversees the sites.
Peterson monitors any online comments, especially negative ones, and forwards them to various OrthoIndy departments for follow-up.
“It’s a way to find out what might not be working and fix it,” she said.
OrthoIndy’s approach lines up with much of the counsel publicist Myra Borshoff Cook gives her clients. Helping them manage their reputations online has been an increasing focus of her firm, Borshoff, in recent years.
“You need to be sure that there are pressure valves in your system that check these things … before they escalate,” Cook said. “To have something linger for this long; how can you go back and repair it after eight years?”
Online campaignEppley and his business partner both appealed to
TheSqueakyWheel.com to remove Iacovelli’s comments, but
the site’s manager refused.“We are not dealing with a sane nor rational individual. This is a psychotic patient who has spent the past 7 years defaming me on the Internet without any basis of fact,” Eppley wrote in an e-mail filed in court by Iacovelli.
Eppley declined to be interviewed for this story.In his lawsuit, Eppley complained that Iacovelli’s Web campaign was scaring away patients. One lost patient can cost Eppley thousands of dollars. His Web site is promoting silicone breast augmentations at a “Tax Time Special” price of $5,999.
“Patients and potential patients, accordingly, regularly and routinely conduct Internet searches to gather information” about plastic surgeons,
Eppley’s attorney Todd Richardson wrote in his lawsuit. “As a consequence [of Iacovelli’s Internet postings], Dr. Eppley has suffered substantial business losses.”
Suicide threatThe spark that launched Eppley’s lawsuit was an electronic message he says he received from Iacovelli March 18, promising to commit suicide live on the Internet on April 18—the eighth anniversary of her face-lift surgery with Eppley.
Eppley said he received subsequent electronic messages from Iacovelli counting down the days until April 18.
The day after Eppley’s attorney filed those messages in court, police and emergency medical staff in Massachusetts took Iacovelli from her house to Cape Cod Hospital. Iacovelli said she was examined by a social worker and then a doctor, over 24 hours, before both concluded she was not suicidal and sent her home.
Iacovelli insists she never sent the e-mails threatening suicide. Instead, she claims
Eppley and his business partner fabricated them.“This message appears to be sent via the form on Eppley’s Web site, where anyone could have entered my email address,” Iacovelli wrote in an e-mail to IBJ. She added, “I do not and have never said or written that I plan to commit suicide on April 18.”Iacovelli has pointedly accused
Dr. Barry Eppley of malpractice on her Web site, but she has never initiated a formal malpractice case against him. Like many doctors, Eppley has been accused of malpractice multiple times. A medical review panel found him guilty of it once, during a May 2001 oral surgery, for which his insurance company had to pay $187,001 in damages.
When asked why she hasn’t filed a formal complaint, Iacovelli wrote, “It is nearly impossible to find a lawyer willing to handle cases involving cosmetic procedures.”
Barker has issued a temporary restraining order against Iacovelli and her friends, barring her from posting additional comments about Eppley online. Barker will decide whether to continue that injunction for the duration of the litigation at a hearing April 17.
Barker sits on the board of Clarian Health, a not-for-profit hospital system based in Indianapolis. Clarian is the largest investor in the for-profit hospitals at which Eppley practices, but those hospitals have their own boards and Barker is not on them. •
COMMENTS:
Stephen Cole
Woodstock , IL - US
1 hours ago. # 1 | Report as bad post. | Reply
Article looks like advertisement for Eppley
"His Web site is promoting silicone breast augmentations at a “Tax Time Special” price of $5,999" ??
Frank de Groot
Ski , 01 - NO
1 hours ago. # 2
Nothing explained about patient's ordeal
Nice article, but it's a pity that muchspace has been allocated to the potential damage to Dr. Eppley, but no mention is made of the fact that Lucille claims that her life has been destroyed for the past 8 years and that she is only to be able to breathe with the neck at an angle or with constant mechanical assistance, and that this is confirmed by several independent medical reports (suggesting tracheotomy!). In addition, no mention is made that Judge Barker isn't merely on the board of Clarian - it seems like her brother is the President and CEO: http://www.barryeppleyplasticsurgeon.com/sarah-evans-barker.html Anyone who could confirm this? (They look related and have the same surname, also are on several boards together) I would have liked to see an explanation of exactly what Lucille claims that has gone wrong with her. A couple of sentences would have been enough. Struggling for air, day and night for 8 years is something you wouldn't wish on anyone.
Rich Bergeron
Revere , MA - US
5 hours ago. # 3
Excellent Reporting
This is a well-researched and excellently written piece. I would be interested in finding out how much Clarian Health Care Partners, Inc. sustains in costs related to malpractice/negligence in a given year. Even if the judge's link to Eppley is tenuous, I think her position in such an influential area as far as this case goes (i.e. a decision in favor of Eppley is also in favor of the industry cutting costs by getting extra protections against on-line criticism)is worth recusing herself over.
Jacques Marcille
Montreal , CA
7 hours ago. # 4 |
essential compassion
I discovered Lucille's physical condition over a year ago on the web. If her condition can be surgically improved, with little danger to her life or of worsening her condition, why not get together and try to surgically improve her condition so she can lead as close to a normal life as possible again? And later worry about the costs, and who should pay, and how much. This would make her feel like a whole human being again. And would put an end to further expenditures of energy and money on basically useless pursuits. Why not have heart?
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Note: There were many more comments posted by readers after this article appeared online. However, they were DELETED by the editor at IBJ because they all condemned Dr. Eppley. I'm sure they would not have deleted those comments had the criticism been directed towards me. IBJ deleted many comments by people who were very supportive of my position. One y would think I', used to injustice by now, but it doesn't work that way.