San Antonio orthopedic surgeon Dr. Thomas DeBerardino, a professor at UT Health San Antonio, has sued the American Academy of Orthopaedic Surgeons and the American Association of Orthopaedic Surgeons. The suit was filed Oct. 22 in U.S. District Court in San Antonio. He brings claims of defamation, violation of his First Amendment free speech rights and tortious interference with prospective business relationships, and he seeks damages, attorney fees and a court declaration that the groups' disciplinary rules are unlawful.
DeBerardino says the groups suspended and later expelled him, leaving him "blacklisted" and unable to find work as an expert witness. He also says the University of Texas at San Antonio stripped him of his title as head team orthopedic surgeon days before the suit was filed. He remains listed as a team physician on the university's website. UTSA, which is not a defendant, did not immediately respond to a request for comment.
A spokeswoman for the two groups, Deanna Killackey, said they do not comment on pending litigation. DeBerardino's lawyer, Dave Wishnew, did not respond to a request for comment. According to the complaint, the groups' compliance program, set up in 2005, evolved into a "kangaroo court" that seeks to censor speech. The complaint says four doctors filed grievances against DeBerardino between 2022 and 2024. In October 2024, the association's board announced two concurrent one-year suspensions.