By Nalisha Kalideen
Primedia Broadcasting is being sued for more than R13-million by Johannesburg orthopaedic surgeon Dr Wynne Lieberthal for alleged defamatory statements that were made about him on 702 Talk Radio.
Last month, Lieberthal made headlines when a former patient claimed the doctor had left a piece of a scalpel in his back.
After several reports about Lieberthal were broadcast, he made an urgent application to the Johannesburg High Court to prevent 702 from making "further defamatory statements" about him.
Lieberthal wanted the court to gag talkshow hosts John Robbie, Gareth Cliff (who has subsequently left 702) and Noeleen Maholwana-Sangqu from making further comments.
Although the court ruled in 702's favour, it was subject to the station refraining from using the words "Dr Death" and "The Butcher of Rosebank" in connection with Lieberthal and that the station would not call his qualifications into question.
But last week, the station was issued with a summons claiming for current and future damages suffered by Lieberthal amounting to R13,2-million.
The summons was filed at the Johannesburg High Court on Thursday against Primedia Broadcasting, Robbie, the station's former morning show presenter Cliff, news editor Katy Katopodis, journalist Regan Thaw, journalist and presenter Nomzamo Khumalo, and journalist, newsreader and presenter Francis Hurd.
The claims were made against 702 staff for alleged defamatory statements made when referring to Lieberthal.
Claims were also made against the station's Internet site, which also allegedly published defamatory statements.
Lieberthal is demanding damages of R200 000 for each claim against the station and its staff, amounting to R3,2-million.
In his 17th claim, Lieberthal is demanding R10-million from Primedia for estimated future losses in earnings.
Yusuf Abramjee, station manager for 702, confirmed that they had received the summons.
"We can confirm that we got the summons and that we are defending the action.
"We believe that we have all our facts in order, and we will see him in court," Abramjee said.
He added that claiming R13,2-million in damages was "ridiculous" but added that, whatever the sum claimed for, the station would defend the action.
"It is just completely ridiculous and laughable. But at the end of the day, if he claims R13-million or one cent, we will defend the action.
"We believe we have a strong case and we will fight it," Abramjee said.
Dr Wynne Lieberthal's claims in a nutshell
In each case, Wynne Lieberthal claims that his reputation and good name have suffered damages in the amount of R200 000.
Claim 1
: Against Primedia and John Robbie - On October 4 on the John Robbie Show, Robbie allegedly called Lieberthal "Dr Death".
Claim 2
: Against Primedia and Gareth Cliff - On October 7, on the Gareth Cliff Show, Cliff allegedly stated: "What's his story? Is this guy properly qualified? Does he know anything about the human body at all? You would swear that someone who makes so many mistakes can't have made it through medical school."
Claim 3
: Against Primedia and Cliff - On October 7, on the Gareth Cliff Show, Cliff allegedly called Lieberthal "the Butcher of Rosebank".
Claim 4
: Against Primedia and Cliff - On October 21, on the Gareth Cliff Show, Cliff allegedly stated, after discussing a Ugandan healer who had been duping matriculants into buying muti with the promise that they would pass their examinations: "Maybe you should ask Dr Wynne Lieberthal, maybe he has some kind of potion to get you to pass matric."
Claim 5
: Against Primedia and Katy Katopodis - On October 7 during the 8.30am news bulletin, Katopodis allegedly stated that Lieberthal "had paralysed many of his patients", "was a drug addict" and "was not properly qualified as an orthopaedic surgeon".
Claim 6
: Against Primedia and Regan Thaw - On October 7, on Cliff's morning show, Thaw allegedly stated: "... he has been struck off the roll once before and he was later re-instated, and I mean one horror story that I heard was that he in fact ... did operations with his arm in a sling."
Claim 7
: Against Primedia and Thaw - On October 7, during a news programme, Thaw allegedly stated: "Several former patients of a top Johannesburg doctor are planning to sue him for negligence"; "it is alleged that the well-known orthopaedic surgeon, who is practising in Rosebank, paralysed three patients in the space of a month"; and "another patient has come forward claiming the doctor left a scalpel in his back after surgery".
Claim 8
: Against Primedia and Thaw - On October 7 during a news programme, Thaw allegedly said: "Yet more damning allegations have come to light about a top Johannesburg doctor who allegedly left three of his patients paralysed. Now another patient has come forward claiming that the doctor left a scalpel blade in his back after surgery."
Claim 9
: Against Primedia and Nomzamo Khumalo - On October 7, during a news programme, Khumalo allegedly stated: "A Rosebank doctor, accused of negligence, has refused to discuss the allegations levelled against him. The surgeon, whose name is known to 702 Eyewitness News, has been accused of leaving some of his patients paralysed after what they have considered unnecessary surgery."
Claim 10
: Against Primedia and Francis Hurd - On October 8, during a news programme, Hurd allegedly stated: "A number of people who have lodged claims of incompetence against orthopaedic surgeon Wynne Lieberthal will hear the outcome of their cases within the month. Since 1994, 16 cases have been lodged against the doctor - at least 10 of which are currently being investigated."
Claims 11-16
: These claims are against Primedia for some of the allegations mentioned above.
The final claim is for R10-million for loss of future income.
In his claim, Lieberthal states that he "will in the future suffer special patrimonial loss as a result of (Primedia's) conduct ... the amount of which is not presently known but is estimated to the sum of R10-million."