Wacko Files and PR Response to Judy Stone From Justin Paquette, Brian Lucas, General Counsel Office

8/13/2019 Wacko Files and PR Response to Judy Stone From Justin Paquette, Brian Lucas, General Counsel Office

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Susan Mc KinneyFrom: rian Lucas Sent: riday March 08 2013 3:07 PMSubject: wd: Media Request from Scientific American

Are you able to reach out to her?I m dealing with some UMP/Fairview shenanigans right now.

Begin forwarded message:

From: Megan Lopez Subject Media Request from Scientific mericanDate March 8 2013 11:09:08 AM CSTTo Justin PaquEde-UMN , Brian Lucas , KeithDunder Barbara Shiels Mark Rotenberg

PRIVILEGED AND CO NFIDENTIALAT T ORNE Y -CLI E NT COM M U NI CATI ON OR A T T ORNE Y W ORK P RODU CT

Do n ot share this message w ith any other person without prior permission from cou nselI f you have rece ived this messa ge in error please imm ediately cal l 612-624-4100

Dr. Judy Stone from Scientific American wants to speak to Mark about the Markingson case and the documents thathave recently appeared these are her words) She is writing for their blog, which she expects will be posted onTuesday, 3/12

I am not sure how you want to handle her request She can be reached at 301-777-1875Megan LopezExecutive AssistantOffice of the General CounselUniversity of Minnesota612-626-9084


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Susan Mc inney

From rian Lucas Sent: riday March 08 2013 11:16 AMSubject: wd: Media Request from Scientific American

How do you want to handle this? I looked her up and cant tell if she s a wacko or not. If she s legit, it could bea good chance to set the record straight... but I get nervous about anyone that would pay any attention to Carl.Thoughts?

Begin forwarded message:

From: Megan Lopez Subject: Media Request from Scientific AmericanDate March 8, 2013 9: 8 AM CSTTo Justin Paquette-UMN , Brian Lucas , KeithDunder , Barbara Shiels , Mark Rotenberg

PRIVILEGED AND CONFIDENTIALATTO RNEY CLI ENT CO M M UNI CATIO N O R ATTO RNEY W O RK PRO DUCT

Do not share this message with any other person without prior permission from counselIf you have received this message in error please immediately call 612-624-4100

Dr. Judy Stone from Scientific American wants to speak to Mark about the Markingson case and the documents thathave recently appeared these are her words) She is writing for their blog, which she expects will be posted onTuesday, 3/12.

I am not sure how you want to handle her request. She can be reached at 301-777-1875Megan LOpezExecutive AssistantOffice of the General CounselUniversity of Minnesota612-626-9084


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Susan c inneyFrom: egan Lopez Sent: riday, March 01, 2013 1:39 PMSubject: arkingson - MN Daily Interview Request

PRIVILEGED AND CONFIDENTIALAT T ORNEY -CLI ENT COM M UNICAT I ON OR A T T ORNEY WORK PRODUCTDo n ot share this message with any other person without pr ior permission from c ounsel.

If you have received this message in error please imm ediately call 612-624-4100.

FYI

I just received a call from Emma Nelson at the MN Daily. She wants to interview Mark about the Star Tribune s story thisweek regarding Carl Elliott s most recent complaint. I asked her to send me her questions/ what information she d liketo discuss with Mark. I can forward her email once I receive it.

Emma requested an in-person interview; I am holding time on Wednesday, March 6 at 3:00 p.m.Thanks.

Megan LOpezExecutive AssistantOffice of the General CounselUniversity of Minnesota612-626-9084


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Susan Mc Kinney

From [email protected] on behalf of Judy Stone

Sent riday, March 08, 2013 5:47 PMSubject arkingson f/u

Dear Mr. Paquette,Thank you so much for taking the time to call me this afternoon.This is the message I sent Mr. Rotenberg:Im writing in follow up of my call to your offices this am, which was to invite you to comment on apparent

discrepancies in documents,specifically:a the appearance now of a signed HIPAA consent when none was produced during Mary Weiss claim against theuniversityb the certification from Medical Records that there was no signature page on Markingsons HIPAA consent.c that there were Evaluation to Consent forms with identical responses noted as the patient answers--fromdifferent patients. The documents appear to have been prepopulated and presigned by Jeanne Kenney and awitness.d In your letter of March, 2011, to Mike Howard, you note that Markingson signed the HIPAA consent on Nov24 and then note that the consent for participation in research was signed Nov 21 How could he have beenevaluated and consented for this study 3 days before he agreed to release that information about his eligibility7I have many other questions about this case, but these are the ones specifically relevant to next weeks post I wouldbe happy to have your comments on the discrepancies to includeYes, I would appreciate a timeline if you find it different from the dates I haveAlso, you indicated that the Court declared Dan competent to consent to a trial I cannot confirm anything like thatin my documents, rather, he clearly appeared incompetent Could you please send me documentation of yourstatement?I look forward to any other documentation that you wish to send me that refutes or corrects meAs I said, I have no agenda, but go with the documents as presented and as I pore through themI would be happy to speak with Mr. Rotenberg over the weekend or on Monday. I will be home except from 12-2 30 ESTI will be leaving for a trip on Tuesday and need to post before I leave Im sure you understand Thanks

Judy Stone MDBlogger, Scientific American Blog NetworkMolecules to Medicine

uthor Conducting Clinical Research A Practical Guide forPhysicians Nurses Study Coordinators and Investigators


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Susan Mc KinneyFrom rian Lucas Sent uesday, March 05, 2013 2:09 PMSubject e: MN Daily interview

Pm happy to be in the room if Mark wants me there. No problem.

On Mar 5 2013 at 2:04 PM Justin Paquette wrote:

I m actually out on Friday b/c I have family in town. I don t want to speak for Brian s schedule, but perhaps hecould be in the room...Justin D PaquetteAssistant Director of Public RelationsAcademic Health Center Office of CommunicationsDirect: 612-626-7037Cell: 612-718-6892Email: iaciuettcumn.eduDiscover more about medical and health sciences at the University of Minnesota:health.umn.edu Facebook Twitter J oulube P i n t e r e s t J FlickrOn Mar 5 2013 at 2:03 PM Megan Lopez W rote:

Due to some scheduling conflicts for both Mark and Emma, this interview has now been moved to 11:15 a.m. on Friday(March 8) Justin, I will ask Mark if he d like you to join him and will get back to you.

Megan LopezExecutive AssistantOffice of the General CounselUniversity of Minnesota612-626-9084

From Justin Paquette [mailto:jpagueftumn.edu]Sent Tuesday, March 05, 2013 1:57 PMTo: Megan LopezCc Keith Dunder; Brian LucasSubject: Re: MN Daily interviewWould Mark like me in the room when he talks to this reporter?

D Paquette

: 612-626-7037


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Susan Mc inneyFrom teve Olson On Mar 7 2013, Steve Olson wrote:> OK, good. Are you involved in discussions with Mark Rotenberg and Keith Dunder about our next step?>>>> On Mar 7, 2013, at 6:33 AM, Justin Paquette wrote:>>> No my plan is to not have her talk ... l just wanted her to have an easier wag off the phone. Then i can handle breakingit to them that she wont be taking to them.>>> Sent from my iPhone>>> On Mar 6, 2013, at 10:50 PM, Steve Olson wrote:>> >> Justin> You seem to be suggesting that Elizabeth would want to talk to them with someone from media relations or OGCpresent, but I have been advised not to talk with them, regardless of who is present. I have heard that the OGC isplanning how to respond to Carl and his followers as I have found the evidence that proves him wrong on this mostrecent set of accusations. Personally, I would love to have Elizabeth and Jean Kenney and families and past researchsubjects, and most importantly, me, talk to Emma and Jeremy Olson to tell our side of the story, but I have been told wecant do that and risk having them sue for violation of privacy.> Did you talk to this Daily reporter? Emma something? Is she just pursuing the issue in the Strib story from last week?> > > > S C O>>>> On Mar 6, 2013, at 8:04 PM, Justin Paquette wrote:> Elizabeth, Dont say no comment. Just simply tell the reporter that theyre catching you at a bad time and that youdlike them to work through me to schedule a time to talk with you. And then I can take it from there. Happy to do so. Youcertainly dont owe these people a comment, but Id rather not have you on record as saying no comment.> If they dont seem satisfied in working through me just tell them that if thats the case you understand but decline tohave a conversation if someone from the public relations team or OGCs office is not present.>>>>> Sent from my iPhoneOn Mar 6, 2013, at 7:03 PM, Elizabeth Smaby wrote:Thanks, Steve. I, too, am surprised that I had not been contacted up until now. If they call again shall I simply say nocomment and then notify you?>>>>>> Elizabeth Sent from my iPhone


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>>>>>> On Mar 6, 2013, at 6:49 PM, Steve Olson wrote:> es, thats fine. They have many documents from the lawsuit, and its somewhat surprising that they (Carl Elliott,Mary Weiss, etc) havent tried to involve you to date. I hope they dont find out that you are licensed by the state andfile a complaint, although the fact that you werent at the time of the research should protect you.> f she calls again, let me know and well have the Media Relations people intervene. Apparently, the lawyers arereadying some kind of response to this latest unfounded attack. Im copying some of the others here to let them knowwhats up.> > > > > > > Ste ve> n Mar 6, 2013, at 4:36 PM, Elizabeth Smaby wrote:> > > > > > > > H i Ste ve> mma from the Daily called Pauls phone again. He answered (not knowing who it was) and spoke with her briefly.He told her that I do not want to talk to them, have not worked at the U for several years and have no comment. She didtell him that she knows that I was the witness during the consent process and that I signed the eval form.>>>>>>>> Thought you might like to know (and hope that was okay to say)...>>>>>>>> -Elizabeth Elizabeth Smaby M.A. LPCC Integral Advisors Inc.>>>>>>>> 2389 Ellsworth Court>>>>>>>> Chaska, MN 55318>>>>>>>> 612-817-4910>>>>>>>> [email protected]>>>>>>>> www.integraladvisors.com>>>>>>>> > his electronic message transmission contains information from a representative of Integral Advisors, Inc. or one ofits affiliates ( IA ) on behalf of IA or an IA client which is privileged, confidential or otherwise the exclusive property ofthe company or intended recipient. This information is intended for exclusive use by the individual or entity indicated ordesignated above as the intended recipient. If you are not the designated recipient, please be aware that anydissemination, distribution or copying of this communication is strictly prohibited. If you have received this electronictransmission in error, please notify us by calling 612.817.4910 or replying electronically to the sender, and thenpromptly destroy the original transmission. Thank you.>>>>

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Susan McKinneyFrom teve Olson


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Thanks, Steve. I, too, am surprised that I had not been contacted up until now. Ifthey call again shall I simply say no comment and then notify you?ElizabethSent from my iPhoneOn Mar 6, 2013, at 6:49 PM , Steve Olson w rote:

Yes, thats fine. They have many documents from the lawsuit, andits somewhat surprising that they (Carl Elliott, Mary Weiss, etc)havent tried to involve you to date. I hope they dont find out thatyou are licensed by the state and file a complaint, although the factthat you werent at the time of the research should protect you.If she calls again, let me know and well have the Media Relationspeople intervene. Apparently, the lawyers are readying some kindof response to this latest unfounded attack. Im copying some ofthe others here to let them know what s up.SteveOn Mar 6, 2013, at 4:36 PM, Elizabeth Smaby


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612-817-4910elizabeth smabyinteqraladvisors comwww.inteqraladvisors.com

This electronic message transmission containsinformation from a representative of Integral AdvisorsInc. or one of i ts aff i liates ( IA ) on beha lf of IA or anIA client which is privileged confidential or otherwisethe exclusive property of the company or intendedrecipient. This information is intended for exclusiveuse by the individual or entity indicated or designatedabove as the intended recipient. If you are not thedesignated recipient please be aware that anydissemination distribution or copying of thiscommunication is strictly prohibited. If you havereceived this electronic transmission in error pleasenotify us by calling 612.817.4910 or replyingelectronically to the sender and then promptlydestroy the original transmission. Thank you.

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Wacko Files and PR Response to Judy Stone From Justin Paquette, Brian Lucas, General Counsel Office

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