WWE Doctor Suing CM Punk & Colt Cabana
- Thread starter Jack-Hammer
- Start date
Saying you think the doctor you had was a poor one: A completely legal expression of one's own opinion.
Saying the doctor you had committed malpractice at the deliberate behest of his employer: A statement alleging that a doctor committed a specific act, which is slander if it cannot be proven.
The bar for victory in a civil suit is "preponderance of the evidence"; if the jury thinks Amann's claims are 51% likely to be true, he wins the case. Far from open and shut is this one.
stingray11214
Cena is no Bruno & Cole is no Solie
Punk mentioned in the podcast that he went to see a doctor that AJ recommended. This would mean that she has her own doctor. So, working in the E may not be as bad.
Agencies and companies that have full-time physicians on their payroll usually means that the physician in question is either a) incapable of operating under his own shingle, 2)A doctor who has been sued numerous times, and nobody wants to insure him, 3) a retired doctor, or 4)A quack. Few doctors go for this arrangement unless they do not have a choice. Doctors like Amann usually assess whether someone is fit for duty, and administer first aid, nothing more or less. This is why companies can take this arrangement.
Jack-Hammer
YOU WILL RESPECT MY AUTHORITAH!!!!
I saw the video myself just a little while ago. I have to admit that I don't see a baseball sized lump anywhere on CM Punk's body. Since CM Punk said so much in his podcast interview, it's easy to forget some of what he said and I forgot that he said that he had a big purple lump on his back while he was competing in the Royal Rumble. After watching the video, I have to say that there certainly doesn't seem to be any sort of purple lump, especially one that's "baseball sized", anywhere.
The fact that WWE posted this indicates that they're definitely getting involved in all this to some degree. They might even be financially backing Amann in the suit by paying part of or maybe all his legal fees.
stingray11214
Cena is no Bruno & Cole is no Solie
Punk also said that when he went to the doctor AJ told him to go to, he had to drop his pants to show where the lump was. And, WWE has to back Amann because it puts the whole medical operations of the company in question. Remember, Amann does not hold the malpractice insurance for him, WWE does because he works for them, and not under his own shingle.
OYDK
King Of The Ring
To me, it doesn't seem like there's too much space between Punk's back and his asscrack in the video... Unless the baseball sized lump was on his ass, I don't see how it's possible that he wasn't embellishing the truth just a little bit. Also, if the lump was beneath his tights, we would still be able to see a protrusion.... at least a SMALL one which I personally, can't see.
WWE does not have to back Amann at all. They can fire him and say deal with that shit yourself because we don't want to get involved. They COULD leave him as fodder basically. The fact that they're getting involved and starting to post all these videos and whatnot, shows me that they, probably more than Amann wanted this suit to happen.
justinsayne
Cody Rhodes is an excellant
Not saying WWE did this, & it's total conspiracy theory type shit, but Punks made those claims in November, & WWE & "Dr." Amann have waited 3 months to respond. WWE has a lot of production equipment & people working for them, I don't think it would be too difficult for them to take the footage from the Rumble & edited out anything that even remotely looks like a lump on his back or under the waistband of his tights. Punk also went on the Opie & Jimmy show & showed them the scar. I also still find it very odd that Amann & WWE took 3 fucking months to respond. I'm not a lawyer, & admittedly I'm fairly ignorant to how this whole legal process works, that said I imagine this all gets settle outside of court & with some sort of confidentially agreement which keeps any of us ever knowing what really happens.
stingray11214
Cena is no Bruno & Cole is no Solie
Unless Amann is an independent contractor, WWE HAS to get involved because they would be holding the malpractice insurance for their medical staff. Furthermore, since Amann was in WWE's employ at the time of service, even if they had fired him the day after Punk left, WWE would still be liable.
TWJC: The Beginning
Royal Rumble Winner
Good. I didn't believe the story to begin with. Sounded like embellishment. Punk seems like a gigantic whiner at this point.
He complained about all his injuries, when we all know that every to guy fights through injuries. A softball sized anything would be visible with as little clothing as wrestlers wear. It's definitely slander. I hope he does lose, then I hope he gets destroyed (not much need to hope, it's going to happen) in the UFC.
The guy whines about guys coming in to the WWE without working their way to the top, then does the same in the UFC. I used to be a huge fan of his, I've followed him since "When Hero Met Punk" in mid south when they went 90 minutes, but I don't like the guy at this point. I'd like to see him back in the WWE as a performer, but he seems like a jerk.
Everyone saying "I can't believe it took WWE 3 months to response" must live in fantasy world. These things don't happen like they do on TV. They did their due diligence. They researched, looked at the footage, checked his claims, etc. Then likely had strategy meanings on whether or not to pursue and if they did, how to pursue. That stuff takes a while.
He complained about all his injuries, when we all know that every to guy fights through injuries. A softball sized anything would be visible with as little clothing as wrestlers wear. It's definitely slander. I hope he does lose, then I hope he gets destroyed (not much need to hope, it's going to happen) in the UFC.
The guy whines about guys coming in to the WWE without working their way to the top, then does the same in the UFC. I used to be a huge fan of his, I've followed him since "When Hero Met Punk" in mid south when they went 90 minutes, but I don't like the guy at this point. I'd like to see him back in the WWE as a performer, but he seems like a jerk.
Everyone saying "I can't believe it took WWE 3 months to response" must live in fantasy world. These things don't happen like they do on TV. They did their due diligence. They researched, looked at the footage, checked his claims, etc. Then likely had strategy meanings on whether or not to pursue and if they did, how to pursue. That stuff takes a while.
SoulTrain4
Pre-Show Stalwart
This dispute is between the doctor and Punk, WWE doesn't have to take sides they are liable regardless because both were working for them.
Softcore Holly
Only Holly to never hold HC title
That sounds a lot like tampering with evidence, not sure how exactly that would play out in a civil dispute like this one but if WWE gets caught (like if Punk's side brought in unedited footage and then WWE's footage is suddenly put under a microscope) that would make WWE look absolutely terrible while making Punk look like a million bucks, with the very least of their problems being that Punk gets a easy win in this lawsuit.
Of course WWE can edit their stuff however they like for their audience but if they submit edited footage as evidence they're just begging for trouble, and I seriously doubt anyone, especially their legal team, would think it's a good idea.
OYDK
King Of The Ring
C' mon man, really? If this goes to court and they use the video as evidence, it's a felony if they tamper with it. A LOT of people can get in trouble, not the least of which is Vince Mcmahon. I doubt WWE would risk all of it just for a civil lawsuit with C.M. Punk.
FightOwensFight
Formerly Global Conquest
Just to chime in on this. I am glad the doctor is suing. It infuriates me when people make completely baseless claims that are quickly taken as fact, as in the case of the Punk podcast. After it happened, hardly any of the comments on these boards were along the lines of "Wow, if this is true...". The vast majority were "This is why WWE sucks. They never take care of their people...". Well, with this suit we might actually get to the truth of the matter. As JH said, Punk's mouth may have gotten him in a bit of hot-water.
Regarding the suit, I can't imagine the doctor would proceed if, as others have said, all his ducks weren't in a row. If there were diagnoses relating to what Punk claims or prescriptions the doctor says he never gave he wouldn't be doing this. Also, the patient always gets copies of that stuff, and there would be a record of the prescription being filled, and who it was prescribed by, so you can pretty much throw out any theories of the doctor destroying evidence. I can't imagine they would jeopordize their career like that.
Either way, should be interesting to see what, if anything, comes of this.
Regarding the suit, I can't imagine the doctor would proceed if, as others have said, all his ducks weren't in a row. If there were diagnoses relating to what Punk claims or prescriptions the doctor says he never gave he wouldn't be doing this. Also, the patient always gets copies of that stuff, and there would be a record of the prescription being filled, and who it was prescribed by, so you can pretty much throw out any theories of the doctor destroying evidence. I can't imagine they would jeopordize their career like that.
Either way, should be interesting to see what, if anything, comes of this.
Just Do It
Getting Noticed By Management
WWE coming off as a bunch of tin hat wearers by uploading that CM Punk video. One of their more pathetic and bush league moves in recent memory.
I disagree.
The WWE are a worldwide company who have a reputation to protect around the world. With the Podcast heard around the world being so popular, I think the WWE have a right to make sure that as many people are seeing the evidence they have against Punk. He (Punk) basically took them apart and slammed them in the worst possible way. If the WWE has solid evidence that Punk was talking shit the whole time, then they will want to shut the whole thing down at quick as possible. The last thing that the WWE wants is for this court case to be sragged out and for them to be pulled into it.
I think, if you were in the same position and you had "proof" that what CM Punk was saying is utter shit, you would get it out there as quick as possible too. And what better way to do that than social media?
Agreed that they shouldn't have put the video up now but for different reasons. They should have waited until this went in front of a judge, then show it. There is nothing to be gained by tipping their hand ahead of time. Plus if this comes to a jury trial, it might not be allowed into evidence because the jury pool will have already seen it and it might taint them. There are times when not saying or showing anything is better.
As for the claim that it was tampered with not to show a lump. There are ways of telling if video tape has been edited and there are ways of un-editing it. If the WWE has edited that tape in any way, it well puts Punk in the driver's seat and nothing they can say or do after that will mean anything. Once you are caught lying then everything else is suspect.
Plus there are lot's of videotape of the Rumble out there, and all that Punk has to do is get a copy and show that he does in fact have the lump. But I tend to go with what has been shown, and that he's either a liar or greatly embellished the whole story. If that's the case then the doctor may stand a chance of winning considering what Punk said.
Jack-Hammer
YOU WILL RESPECT MY AUTHORITAH!!!!
While it's true that WWE could possibly doctor the footage, as someone mentioned, that could be construed as tampering with evidence and it'll only wind up getting WWE itself into some hot water. If this goes to trial and this is footage offered up by Amann as evidence, then WWE screwing around with it will only make matters worse for them and for Amann himself. I know Vince has a huge ego, but I don't see him risking the reputation of WWE and opening it up to a potentially huge lawsuit, possibly even criminal charges, just to show up a former employee. Hell, there've been former wrestlers that've screwed Vince over to a much bigger degree than Punk did whom Vince didn't seek vengeance against. I can't say for certain, of course, as I'm no expert on photographic, airbrushing or filtering techniques. I suppose it's possible that it's doctored but if this evidence is somehow used in court, it'll have to be tested to see if it's been tampered with.
As for releasing the video, I personally don't see what the problem is. Punk went on a podcast hosted by his close friend and spent several hours slamming the company, the executives who run it and the doctors working for it. WWE decides to fight back just a little by actually showing some physical evidence rather than just making a grandiose statement.
As for whether or not WWE is acting through Amann, I doubt it. WWE's a huge, billion dollar corporation and they've been up against MUCH bigger foes than Philip Jack Brooks, so if WWE wanted to outright sue him, I don't believe they'd be at all shy about it. In all truthfulness, Punk's claims can definitely be a detriment to Amann's career but, if it's true, then it needed to be said.
As far as Punk's claim, it's striking me as exaggerated. Anyone watching the Royal Rumble live last year would've noticed a "baseball sized" lump on CM Punk's body. A standard size baseball weighs about 5 ounces, roughly 9 inches in circumference and 3 inches in diameter and a wrestler's tights don't leave a whole lot to the imagination and a "baseball sized" bulge on his on lower back, above or below the waistband of his tights, is something that someone in the near 16,000 fans in attendance and dozens of wrestlers in the locker room would have seen and mentioned before last November. I'm not saying that Punk didn't have a growth but if he did, I don't believe it was anywhere remotely as big as he's saying. As for the scar that he showed, it could've been a scar from something he'd had removed sometime between February & November for all we know. Again, I'm not saying that he did, because I don't know but, then again, I've no way of knowing if he didn't either.
Regardless of what's what, Punk's claims are now being challenged through legal action so we'll get some idea as to what's what concerning this whole situation.
As for releasing the video, I personally don't see what the problem is. Punk went on a podcast hosted by his close friend and spent several hours slamming the company, the executives who run it and the doctors working for it. WWE decides to fight back just a little by actually showing some physical evidence rather than just making a grandiose statement.
As for whether or not WWE is acting through Amann, I doubt it. WWE's a huge, billion dollar corporation and they've been up against MUCH bigger foes than Philip Jack Brooks, so if WWE wanted to outright sue him, I don't believe they'd be at all shy about it. In all truthfulness, Punk's claims can definitely be a detriment to Amann's career but, if it's true, then it needed to be said.
As far as Punk's claim, it's striking me as exaggerated. Anyone watching the Royal Rumble live last year would've noticed a "baseball sized" lump on CM Punk's body. A standard size baseball weighs about 5 ounces, roughly 9 inches in circumference and 3 inches in diameter and a wrestler's tights don't leave a whole lot to the imagination and a "baseball sized" bulge on his on lower back, above or below the waistband of his tights, is something that someone in the near 16,000 fans in attendance and dozens of wrestlers in the locker room would have seen and mentioned before last November. I'm not saying that Punk didn't have a growth but if he did, I don't believe it was anywhere remotely as big as he's saying. As for the scar that he showed, it could've been a scar from something he'd had removed sometime between February & November for all we know. Again, I'm not saying that he did, because I don't know but, then again, I've no way of knowing if he didn't either.
Regardless of what's what, Punk's claims are now being challenged through legal action so we'll get some idea as to what's what concerning this whole situation.
SacredMesa
Pre-Show Stalwart
I can kinda agree, in terms of the doctor having everything in order, and I could even grant it may of taken him around 3 months to check video footage, check his medical records, etc etc especially considering he would of still been treating people in WWE.
That said you are wrong about patients being given copies of their medical records. Take it from a guy who's family has worked in healthcare, and who personally works in healthcare, patients can request their records but it isn't standard practice to just give them copies, and if you are talking about workers comp type situations, which is how I would classify WWE doctors, you are even less likely to be given the records without specifically requesting them.
Lastly CM Punk never said "he prescribed me zpacks" so much as "he just kept giving me zpacks." To me that sounds more like it's something kept on hand by the WWE medical staff as oppose to a prescription they would write that Punk would then have to get filled. If you think about it that would only make sense considering the wrestlers are in a different city every night and generally won't know where the nearest pharmacy is or have time to drive around to find one while planning for their next show. Chances are WWE keeps a lot of pharmaceuticals on hand that they can give their performers without them having to force them to get prescriptions filled.
OYDK
King Of The Ring
I don't understand what people are trying to prove with this footage. C.M. Punk could have easily gotten surgery for something else in that particular spot. It's even more likely that C.M. Punk DID have a staph infection operated on, but neglected to tell the WWE that he was suffering from one (which is what Amann claims). The scar only proves that C.M Punk had surgery to get something fixed... It does not however, prove that Dr. Amann and the WWE were negligible or careless in dealing with Punk.
It's simple really. Either CM Punk spoke out of line and lied, or he told the truth. If he lied, then Dr. Amann has every right in the world to pursue legal action against Punk and Cabana for what transpired on that podcast. That type of talk can affect his reputation and future earnings as a doctor.
If Punk is telling the truth, then let Dr. Amann waste his time. It will not get him anywhere. This will not end quickly though.
It can sometimes take up to a year to file a defamation lawsuit of this nature. This one came through pretty quickly.
If Punk is telling the truth, then let Dr. Amann waste his time. It will not get him anywhere. This will not end quickly though.
It can sometimes take up to a year to file a defamation lawsuit of this nature. This one came through pretty quickly.
TWJC: The Beginning
Royal Rumble Winner
"edit the footage"
"taking 3 months to do this is suspicious"
What fucking universe do you people live in? WWE is a company. Just like anything else. It's not an angle. It's not like the movies. They aren't going to edit the footage because that'd be very easy to spot in court. They took 3 months because that's how long these things take in the real world.
Basically WWE is saying "oh really? Prove it Phil". Phil, who seems to like embellishing everything (on his ROH shoot he claimed to be working part time as some kind of scientist and would just sleep at his cubicle all day, so either he's cool lying to employers or lying about employment), looks like he's screwed.
He's going to lose this. He's going to get destroyed in the UFC. He's going to become a punch line.
"taking 3 months to do this is suspicious"
What fucking universe do you people live in? WWE is a company. Just like anything else. It's not an angle. It's not like the movies. They aren't going to edit the footage because that'd be very easy to spot in court. They took 3 months because that's how long these things take in the real world.
Basically WWE is saying "oh really? Prove it Phil". Phil, who seems to like embellishing everything (on his ROH shoot he claimed to be working part time as some kind of scientist and would just sleep at his cubicle all day, so either he's cool lying to employers or lying about employment), looks like he's screwed.
He's going to lose this. He's going to get destroyed in the UFC. He's going to become a punch line.
