Integral to the settlement was plaintiff’s agreement that they abide by a
confidentiality provision which specified, among other things, that they must
shut down a website they created which criticizes the hospital, its physicians,
its lawyers, their own lawyers, the court, etc. In exchange for confidentiality
and the end of the website, the defendant agreed to pay $500,000 in
settlement. These terms were incorporated into a Release that was specific and
clear. That confidentiality "about the lawsuit, decedent’s care…"
etc., was a pivotal part of the agreement cannot be denied. (ex.C).
This Release and settlement is confidential. Neither plaintiffs,
nor any attorney, agent or individual acting on their behalf shall
publicize or disclose the existence, circumstance or terms of this
Release or settlement except as required by law or regulation.
The Releasors [plaintiffs] further agree that neither they nor
any attorney, agent or individual acting on their behalf shall be
interviewed, discuss or otherwise disseminate or publicize
information about the allegations made in the above lawsuit,
decedent’s care and treatment at defendant hospital, the names or
description of any individual involved in the decedent’s
hospitalization or the hospital itself.
The Releasors agree that they shall immediately and
permanently expunge their website located at www.med-malpractice.com
and shall not reissue, open or create another Internet accessible
site or website concerning the allegations in this lawsuit, the
personnel, physicians, nurses and hospital involved and/or the
medical care and treatment rendered to the decedent by the defendant
and it medical staff.
* * *
The Releasors agree that if they or their agents violate the
confidentiality and non-disclosure provisions of this Release and
settlement, plaintiffs shall be liable to the defendant, hospital, for the
full amount of the consideration recited herein and defendant,
hospital, will have the right to enter judgment against plaintiffs for
said amount. Should plaintiffs contest defendant’s allegation that they