Lawsuit: Doc Using Old Baylor Affiliation While Dishing COVID Vax Falsehoods

Baylor Scott & White Health sued former employee and cardiologist Peter McCullough, MD, last week, alleging that he illegitimately affiliated himself with its facilities when promoting controversial views about COVID-19.

Nearly 6 months after McCullough’s employment had ended, he continued to use his former professional titles — such as “vice chief of internal medicine at Baylor University Medical Center” — in media interviews in which he spread his opinions about the pandemic, the lawsuit alleged.

Since McCullough entered a confidential employment separation agreement with Baylor in February, the cardiologist has conducted “dozens, if not hundreds” of media interviews in which he used his former affiliation, according to legal documents. Baylor Scott & White Health and the HealthTexas Provider Network, the other listed plaintiff, have accused the cardiologist of breaching his contract.

The lawsuit, first reported by the Dallas Morning News, stated that Baylor received several inquiries expressing confusion about McCullough’s employment and affiliation status — matters that the separation agreement were meant to clarify, it said.

“This ongoing confusion regarding McCullough’s affiliations, and whether Plaintiffs support his opinions, is exactly what Plaintiffs bargained to avoid in the Separation Agreement,” the lawsuit stated. The plaintiffs added that McCullough’s continued affiliation is likely to cause “irreparable reputational and business harm.”

In several media interviews, McCullough has spread misinformation about COVID-19 vaccines and treatments. He has claimed that there is no scientific reason for healthy people under 50 and those who have recovered from COVID to get the vaccine, and has asserted that 50,000 Americans have died from the shots. According to the Vaccine Adverse Event Reporting System (VAERS), there have been 6,490 deaths after COVID vaccination — and it’s unclear if the immunizations were the actual cause of death in these cases.

McCullough has also come under fire for promoting the use of hydroxychloroquine to treat COVID-19. A group of clinicians from Doctors for America, a nonprofit physician organization, wrote in the Dallas Morning News last December that they were “deeply concerned after hearing the baseless, misleading commentary” from McCullough, in which he promoted the use of the antimalarial drug for early outpatient COVID-19 care. Randomized controlled trials have repeatedly shown that hydroxychloroquine is not effective to treat or prevent COVID-19, the physicians said.

In a statement shared with MedPage Today, McCullough’s attorney Clinton Mikel said that Baylor’s lawsuit is “frivolous” and driven by the current political landscape, as the lawsuit was filed on the same day Baylor announced it would be mandating COVID-19 vaccines for employees.

“This is a politically motivated attempt to silence Dr. McCullough as he saves countless patient lives from COVID-19 and from ancillary actions related to COVID-19,” Mikel stated.

He added that McCullough did not state in any interviews that he was employed by or affiliated with Baylor, but because of his history with the health system, media sources have erroneously affiliated him with it without his consent. Mikel also said that McCullough is not anti-vaccine, but believes that the risks from COVID-19 vaccines outweigh the benefits.

The plaintiffs filed a motion for a restraining order against McCullough, in which they stated that they do not aim to silence McCullough, but to clarify that his opinions are his own.

“This is not a free speech issue or stifling of dissent. McCullough can offer his opinions to whomever he wishes, but he cannot do so while claiming current affiliation with Plaintiffs,” they stated.