Susan Mc Kinney

From: Sent: Subject:

Brian Lucas <blucas@umn.edu > Friday, March 08, 2013 3:07 PM Fwd: Media Request from Scientific American

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

Begin forwarded message:

From: Megan Lopez <Iopezumn.edu >

Subject Media Request from Scientific American Date March 8, 2013 11:09:08 AM CST

To Justin PaquEde-UMN <jpaguett@umn edu>, Brian Lucas <bIucasumn edu>, Keith Dunder <dunde0O1@umn edu>, Barbara Shiels <shieIOOl@umn edu>, Mark Rotenberg <roten001umn edu>
PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION OR ATTORNEY WORK PRODUCT Do not share this message with any other person without prior permission from counsel If 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 that have recently appeared (these are her words) She is writing for their blog, which she expects will be posted on Tuesday, 3/12 I am not sure how you want to handle her request She can be reached at 301-777-1875 Megan Lopez Executive Assistant Office of the General Counsel University of Minnesota 612-626-9084

Susan Mc Kinney From: Sent: Subject: Brian Lucas <blucas@umn.edu > Friday, March 08, 2013 11:16 AM Fwd: Media Request from Scientific American

How do you want to handle this? I looked her up and cant tell if shes a wacko or not. If shes legit, it could be a 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 <Iopez@umn.edu > Subject: Media Request from Scientific American Date March 8, 2013 11: 09:08 AM CST To Justin Paquette-UMN <jpaguettumn edu>, Brian Lucas <bIucas(umn edu>, Keith Dunder <dunde001(umn edu>, Barbara Shiels <shIe001(umn edu>, Mark Rotenberg <roten001cumn edu>
PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION OR ATTORNEY WORK PRODUCT Do not share this message with any other person without prior permission from counsel If 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 that have recently appeared (these are her words) She is writing for their blog, which she expects will be posted on Tuesday, 3/12. I am not sure how you want to handle her request. She can be reached at 301-777-1875 Megan LOpez Executive Assistant Office of the General Counsel University of Minnesota 612-626-9084

Susan From: Sent: Subject:

Mc Kinney
Megan Lopez <lopez@umn.edu > Friday, March 01, 2013 1:39 PM Markingson - MN Daily Interview Request

PRIVILEGED AND CONFIDENTIAL ATTORNEY-CLIENT COMMUNICATION OR ATTORNEY WORK PRODUCT Do not share this message with any other person without prior permission from counsel. If you have received this message in error, please immediately 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 Tribunes story this week regarding Carl Elliotts most recent complaint. I asked her to send me her questions/ what information shed like to 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 LOpez Executive Assistant Office of the General Counsel University of Minnesota 612-626-9084

Susan Mc Kinney .
From: Sent: Subject:

jstone12345@yahoo.com on behalf of Judy Stone <jstorie@conductingclinicalresearch.com > Friday, March 08, 2013 5:47 PM Markingson 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 the university b) 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--from different patients. The documents appear to have been prepopulated and presigned by Jeanne Kenney and a witness. d) In your letter of March, 2011, to Mike Howard, you note that Markingson signed the HIPAA consent on Nov 24 and then note that the consent for participation in research was signed Nov 21 How could he have been evaluated and consented for this study 3 days before he agreed to release that information about his eligibility7 I have many other questions about this case, but these are the ones specifically relevant to next weeks post I would be happy to have your comments on the discrepancies to include" Yes, I would appreciate a timeline if you find it different from the dates I have Also, you indicated that the Court declared Dan competent to consent to a trial I cannot confirm anything like that in my documents, rather, he clearly appeared incompetent Could you please send me documentation of your statement? I look forward to any other documentation that you wish to send me that refutes or corrects me As I said, I have no agenda, but go with the documents as presented and as I pore through them I would be happy to speak with Mr. Rotenberg over the weekend or on Monday. I will be home except from 122 30 EST I will be leaving for a trip on Tuesday and need to post before I leave Im sure you understand Thanks

Judy Stone, MD Blogger, Scientific American Blog Network Molecules to Medicine Author Conducting Clinical Research A Practical Guide for Physicians Nurses Study Coordinators and Investigators www conductingclinicalresearch corn 1

Susan Mc Kinney From: Sent: Subject:

Brian Lucas <blucas@umn.edu > Tuesday, March 05, 2013 2:09 PM Re: 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:

Im actually out on Friday b/c I have family in town. I dont want to speak for Brians schedule, but perhaps he could be in the room...
Justin D. Paquette
Assistant Director of Public Relations Academic Health Center Office of Communications Direct: 612-626-7037 Cell: 612-718-6892 Email: iaciuettcumn.edu

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On Mar 5, 2013, at 2:03 PM, Megan Lopez Wrote:

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 hed like you to join him and will get back to you.

Megan Lopez Executive Assistant Office of the General Counsel University of Minnesota 612-626-9084

From: Justin Paquette [mailto:jpagueftumn.edu] Sent Tuesday, March 05, 2013 1:57 PM
To: Megan Lopez Cc: Keith Dunder; Brian Lucas Subject: Re: MN Daily interview

Would Mark like me in the room when he talks to this reporter?

Justin D. Paquette
Assistant Director of Public Relations Academic Health Center Office of Communications Direct: 612-626-7037 Cell 612-718-6892 Email: iDacluett@umn.edu
1

Susan Mc Kinney
From: Sent: Subject:

Steve Olson <solson2@comcast.net > Thursday, March 07, 2013 10:06 AM Re: Reporter

Would there be value in getting any testimonials from other families and subjects, or an endorsement from the National Alliance on Mental Illness to drive home the point that there is a lot of good work we do? I am starting a new study soon that will be a huge nationwide registry study of persons with schizophrenia-related disorders, involving several community clinical sites, that I would like to get some media attention for. Its a little early to do that right now, but I wanted to give you a heads up on that. SCO On Mar 7, 2013, at 9:37 AM, jpaquett@umn.edu wrote: I am yes. My boss (Brian Lucas) and I are working with them to determine how best to work through the process of clarifying things to certain reporters while determining how best to promote our side of the issue to hopefully quiet Carl down in the future. He stepped way out of bounds here, and perhaps that will end this charade for awhile.

>
> 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 <jpaquett@umn.edu > 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 breaking it to them that she wont be taking to them. >>> Sent from my iPhone >>> On Mar 6, 2013, at 10:50 PM, Steve Olson <solson2@comcast.net > wrote: >>>> Justin, > You seem to be suggesting that Elizabeth would want to talk to them with someone from media relations or OGC present, but I have been advised not to talk with them, regardless of who is present. I have heard that the OGC is planning how to respond to Carl and his followers as I have found the evidence that proves him wrong on this most recent set of accusations. Personally, I would love to have Elizabeth and Jean Kenney and families and past research subjects, and most importantly, me, talk to Emma and Jeremy Olson to tell our side of the story, but I have been told we cant 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? >>>>SCO >>>> On Mar 6, 2013, at 8:04 PM, Justin Paquette <jpaquett@umn.edu > wrote: > Elizabeth, Dont say no comment. Just simply tell the reporter that theyre catching you at a bad time and that youd like 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. You certainly 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 to have a conversation if someone from the public relations team or OGCs office is not present. >>>>> Sent from my iPhone On Mar 6, 2013, at 7:03 PM, Elizabeth Smaby <elizabeth.smaby@integraladvisors.com > wrote: Thanks, Steve. I, too, am surprised that I had not been contacted up until now. If they call again shall I simply say "no comment" and then notify you? >>>>>> Elizabeth Sent from my iPhone

>>>>>> On Mar 6, 2013, at 6:49 PM, Steve Olson <solson2@comcast.net > wrote: Yes, 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 and file a complaint, although the fact that you werent at the time of the research should protect you. > If she calls again, let me know and well have the Media Relations people intervene. Apparently, the lawyers are readying some kind of response to this latest unfounded attack. Im copying some of the others here to let them know whats up. >>>>>>> Steve > On Mar 6, 2013, at 4:36 PM, Elizabeth Smaby <elizabeth.smaby@integraladvisors.com > wrote: >>>>>>>> Hi Steve, Emma 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 did tell 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 >>>>>>>> elizabeth.smaby@integraladvisors.com >>>>>>>> www.integraladvisors.com >>>>>>>> <PastedGraphic-2.tiff> > This electronic message transmission contains information from a representative of Integral Advisors, Inc. or one of its affiliates ("IA") on behalf of IA or an IA client which is privileged, confidential or otherwise the exclusive property of the company or intended recipient. This information is intended for exclusive use by the individual or entity indicated or designated above as the intended recipient. If you are not the designated recipient, please be aware that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this electronic transmission in error, please notify us by calling 612.817.4910 or replying electronically to the sender, and then promptly destroy the original transmission. Thank you.

>> >>

Susan McKinney
From: Sent: Subject: Steve Olson <solson2@comcast.net > Thursday, March 07, 2013 9:32 AM Re: Reporter

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 <jpaguett@tumn.edu > wrote:

No my plan is to not have her talk ... I just wanted her to have an easier wag off the phone. Then i can handle breaking it to them that she wont be taking to them. Sent from my iPhone On Mar 6, 2013, at 10:50 PM, Steve Olson <so1son2(cicorncast.net > wrote: Justin, You seem to be suggesting that Elizabeth would want to talk to them with someone from media relations or OGC present, but I have been advised not to talk with them, regardless of who is present. I have heard that the OGC is planning how to respond to Carl and his followers as I have found the evidence that proves him wrong on this most recent set of accusations. Personally, I would love to have Elizabeth and Jean Kenney and families and past research subjects, and most importantly, me, talk to Emma and Jeremy Olson to tell our side of the story, but I have been told we cant 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? SCO On Mar 6, 2013, at 8:04 PM, Justin Paquette <jpaguett(dumn.edu > wrote:

Elizabeth, Dont say no comment. Just simply tell the reporter that theyre catching you at a bad time and that youd like 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. You certainly 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 to have a conversation if someone from the public relations team or OGCs office is not present. Sent from my iPhone On Mar 6, 2013, at 7:03 PM, Elizabeth Smaby <e1izabeth.sinaby(2iintegraladvisors.com > wrote:

Thanks, Steve. I, too, am surprised that I had not been contacted up until now. If they call again shall I simply say "no comment" and then notify you? Elizabeth Sent from my iPhone On Mar 6, 2013, at 6:49 PM, Steve Olson <solson2@kcomcast.net > wrote: Yes, 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 and file a complaint, although the fact that you werent at the time of the research should protect you. If she calls again, let me know and well have the Media Relations people intervene. Apparently, the lawyers are readying some kind of response to this latest unfounded attack. Im copying some of the others here to let them know whats up. Steve On Mar 6, 2013, at 4:36 PM, Elizabeth Smaby <elizabeth.smaby @integraladvisors.com wrote:

Hi Steve, Emma 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 did tell 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 elizabeth .smabyinteqraladvisors.com www.inteqraladvisors.com

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