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Lawyers for 'Dermatologist to the Stars' argue against defamation case

Lawyers for Michael Jackson's former dermatologist — who alleges a plastic surgeon falsely implied in a media interview that the skin specialist had a hand in the singer's death — are firing back at their opponents' bid for dismissal of the suit.

Dr. Arnold Klein sued Dr. Steven Hoefflin in September 2009 in Los Angeles Superior Court, alleging slander, trade libel, false light, intentional and negligent infliction of emotional distress and unfair competition. Both once provided medical services to the late pop star.

Attorneys for Hoefflin maintain that Judge Amy D. Hogue erred when she decided in February 2010 that Klein's lawsuit could move forward.

Hogue rejected claims that the suit infringed on Hoefflin's right to free speech. She also said Hoefflin knew he could be sued because Klein's attorneys had warned him that statements in an email he sent to a CBS producer in July 2009 also allegedly were false.

In that email, Hoefflin said Klein had "ruined [Jackson's] health'' and appearance and "helped take his life,'' according to court papers.

Hoefflin's lawyers appealed Hogue's ruling to the 2nd District Court of Appeal, arguing that Klein is a "limited public figure'' known as the "Dermatologist to the Stars.'' They argue he cannot prove Hoefflin said anything malicious about Klein.

But in a 19-page brief filed June 9, Klein's legal team argues Hogue's decision should stand and that Hoefflin has long disliked their client.

"Dr. Hoefflin harbors animosity toward Dr. Klein because he blames Dr. Klein for Michael Jackson's decision years ago to stop using Dr. Hoefflin's cosmetic surgery services,'' Klein's court papers state.

Klein claims Hoefflin made false statements in an interview hinting that Klein might be implicated in Jackson's death. According to the lawsuit, Hoefflin told reporters for the British tabloid The Sun in August 2009 that Jackson's personal physician, Dr. Conrad Murray, would have asked Klein to tell him how to administer propofol and would have counted on him to be his source of the drug and to guide him in its use.

"Dr. Klein did not teach Dr. Murray how to administer propofol,'' Klein's appellate court papers state. "Dr. Klein did not speak with Dr. Murray in the months following Michael Jackson's death.''

Klein also was not in contact with Murray on June 25, 2009, the day the singer died of what was later determined to be acute propofol intoxication, his court papers state.

"Dr. Klein was treating a patient that morning and learned of Michael Jackson's death indirectly through a patient call to his office,'' according to his court papers.

But in a sworn declaration, Hoefflin says The Sun reporters told him that Klein showed Murray how to administer propofol and that he had "no reason to doubt the veracity of what they said ...''

Hoefflin goes further and says his belief Klein was involved in giving propofol and other narcotics to Jackson is based on a review of Jackson's medical records he conducted in 1993 at the entertainer's request.

"I was shocked to see the huge amount of narcotics ... and other medications that both Dr. Klein and [Jackson's former wife] Debbie Rowe were injecting into Michael,'' Hoefflin states.

For example, Klein and Rowe, who worked as a nurse for Klein, injected as much as 1,850 mg of Demerol into Jackson during a three-day period in August 1993, according to Hoefflin's declaration.

"It is my understanding that this dangerous trend did not end until Michael's death,'' Hoefflin states.

Hoefflin additionally says he believes, based on media reports, that while treating Jackson, Klein "or someone else at his direction, used Demerol, propofol and tranquilizers on Michael Jackson.''

Hoefflin also says the singer's mother, Katherine Jackson, wanted him to try and find out what happened to her famous offspring .

"Jackson's mother asked Hoefflin to privately investigate her son's death,'' according to court papers filed on behalf of Hoefflin with the Court of Appeal.

But Klein's lawyers dispute the claim. They state in their appellate court papers that Hoefflin "misrepresented his authority to make statements on behalf of the Jackson family and the estate of Michael Jackson.''

The plastic surgeon says he and Klein had a falling-out in 2002 when the dermatologist "advised Michael Jackson not to go into a planned drug rehabilitation program.''

Murray, who administered propofol to Jackson at his rented Holmby Hills estate on the morning of his death, is awaiting trial in September on an involuntary manslaughter charge.

Hoefflin's lawyers will have a chance to respond in another brief to Klein's arguments, after which the three-justice panel will scheduled a date for oral arguments.


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Last Edit: December 31, 1969, 06:00:00 PM by Guest
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