McCullough became prominent during the COVID-19 pandemic for developing and advocating for early outpatient treatment protocols. He continues to speak out about treatment and the efficacy and safety of the vaccines.
In 2021, Baylor filed suit against McCullough alleging he had violated their separation agreement by “claiming he is affiliated” with the institution in media interviews.
The case was dismissed with prejudice on January 23. Dismissal with prejudice means no lawsuit arising from the same set of facts can be filed by the parties again.
“This is a strong victory for freedom of speech and fair balanced publication and media presentation of clinical data as it has emerged over the course of the pandemic crisis,” McCullough said in response to the dismissal. “My analyses and conclusions have been accurate, consistent, and have always been my own, not those of any institution.”
“We take very seriously our responsibility to be a trusted source of information in the communities we serve,” a spokesperson for BSWH wrote to The Texan. “Dr. McCullough is not an employee and has agreed to not represent himself as such. As a result, both parties mutually agreed in late January to dismiss all actions.”
Voluntary dismissal of claims with prejudice are usually entered after a settlement agreement has been reached.
On January 17, the parties filed a notice of nonsuit and voluntary dismissal stating, “The [p]arties have reached a resolution to the satisfaction of both parties.”
Court documents indicate that the case was set for a nonjury trial in March that was canceled because the parties reached a settlement agreement.
The terms of the settlement are not included in the court documents.
BSWH and McCullough entered into a separation agreement on February 24, 2021. Among its terms was that McCullough no longer use his titles with BSWH as part of his credentials.
However, the health care group claims that he continued to do so when making media appearances.
They claimed that he breached the separation agreement contract, and sought injunctive relief against him. The court granted a temporary restraining order on July 30, 2021 prohibiting McCullough from using the BSWH affiliation or from appearing on shows or in media that McCullough knew intended to use the BSWH designation.
McCullough filed a motion to dismiss the lawsuit under the Texas Citizens’ Participation Act (TCPA) for violating his rights to free speech and free association on matters of public interest.
He also denied all of the BSWH claims and asserted defenses, including that BSWH’s website still listed him as employed by the institution along with his photo and credentials.
BSWH did not pay all of the compensation due to him under the separation agreement, McCullough’s court filing stated.
McCullough is currently fighting a threat by the American Board of Internal Medicine to revoke his certifications in internal medicine and cardiology.
BSWH did not reply to a request for comment before the time of publication.
Update: After publication BSWH emailed a statement to The Texan, which has been included in this article.
A copy of the court order of voluntary dismissal can be found below.
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Kim Roberts is a regional reporter for the Texan in the DFW metroplex area where she has lived for over twenty years. She has a Juris Doctor from Baylor University Law School and a Bachelor's in government from Angelo State University. In her free time, Kim home schools her daughter and coaches high school extemporaneous speaking and apologetics. She has been happily married to her husband for 23 years, has three wonderful children, and two dogs.