On November 7, the judge of the Court of First Instance of Shengavit Community of Yerevan, Ara Kubanyan announced the verdict of the lawsuit of Doctor Enoch Abrahamyan against actor Ashot Meloyan (representative, Haykanush Sukiasyan). The Court applied limitation of actions, Enoch Abrahamyan’s lawsuit against Ashot Meloyan (in the photo) – obligating a public apology via Internet for insulting Ashot Meloyan and confiscating 1,000,000 drams, and obligating public denial of actual data on the Facebook considered to be defamation and demanding to confiscate 2,000,000 drams, is rejected. As we have informed prior to applying to Court, Enoch Abrahamyan has worked at “Vladimir Avagyan” Medical Center as the Head of Laser Surgery Department and orthopedic-vertebrologist.
Ashot Meloyan posted the photo of his doctor on the Facebook page (31.03.2014), writing, “Here is the face of the “Doctor”, whose wrong diagnosis and wrong treatment resulted in my mother’s death.” Then he continued, “Here is the face of the villain who still continues working as a “doctor” vertebralist. Remember this face well… Anyone who does not believe that a criminal case was filed against him, let he write to me and I’ll show a 1200-pages criminal case, which the investigators dismissed four times… I will show contradictory conclusions of 5 forensic medical experts… court trial recordings on how Yuri Abrahamyan talking with me on the topics of medicine at the court could not justify his actions, both done and failure, and how his tongue was tied up… Here is the fascist who did not even apologize, neither to my mother nor to I, and nor to our family.” The doctor had stated in his claim that twice he had sent a letter to Ashot demanding to erase and deny the written defamation and apologize, but the defendant has not denied. “Moreover, he has threatened not to enrage him, and that it would be worse.”
The doctor had stated that his client as a result of the defendant’s actions had suffered material and moral damages for two years, but demonstrating human attitude, he has not applied with the demand of compensation for caused damages, but the defendant has not appreciated it. The defendant’s representative, Haykuhi Sukiasyan, informed the court that her client knew the doctor since February 2007, when he had turned to him with a request of medical assistance to his mother Arshaluys Meloyan.
According to objections presented at the court, “Enoch Abrahamyan, without seeing the patient, based on previous MRI examination made by the defendant, diagnosed Arshaluys Meloyan’s illness as post-menopause “osteoporosis” and treated her as an ambulatory patient with his prescribed drugs: “Vivalos”, “Miacalcic spray”, “Osteogenon”, “Calcimine advance”, “Nycomed D -3”, “Xefocam”, “BonViva”, “Rocardrol”, “Retabolil” and “Pоlin”. Six months after starting the treatment, Enoch Abrahamyan, seeing that Arshaluys Meloyan’s health is getting worse, as the investigator R. Nazaryan has stated in the resolution, is prescribing “Forteo” called hormonal drugs. Taking this drug dramatically deteriorates her client’s mother’s health condition. After stopping to take the drug, her client’s mother’s both hip joints broke and to find out the cause, in 01.11.2007, her client applied to the “National Center of Oncology after V. Fanarjyan, where after his mother being examined, it was revealed that the latter suffers not from post-menopause “osteoporosis’ disease, but with malignant bone marrow cancer “myeloma” disease.”
A. Meloyan reported to the General Prosecutor’s Office and a criminal case is opened. During the investigation, which lasted nearly four years, five forensic examinations were scheduled, which approved that patient Arshaluys Meloyan’s diagnosis by the plaintiff was made wrong and the treatments were ineffective. After the broadcast of No 96 release of “Sur Ankyun”, “based on public priority interest, her client tried to inform the public about a doctor who caused deep pain and sorrow to his family, and in the video was diligently defending his colleague Horst Dekkers, who was deprived of the license to conduct medical activities in the FRG,” and made disputed comments on his Facebook page.
According to the objection, the material posted on the Facebook by the defendant does not pursue a goal to offend, but rather to inform the public. This was approved by the fact that since 2007 until now, despite everything, her client has never tried in any way to publicly discredit the plaintiff’s honor, dignity and the business reputation for being well aware of its possible consequences for the latter. A few months ago, A. Meloyan told our newspaper that a criminal case was filed against Enoch Abrahamyan, and it does not matter whether he was recognized guilty or not. To the point, Ashot Meloyan referred to the word “fascist” and mentioned, “As a representative of the Soviet generation, this word was a synonym of callousness, cruelty and unscrupulousness for him, which includes all of this in one word. The defendant called the plaintiff a fascist, because for the Armenian woman, the Armenian man should really be tenderhearted, because Enoch Abrahamyan coldheartedly and without making judgments about the future, made an IV injection of “Forteo” drug into Arshaluys Meloyan.”
Ruzan MINASYAN
