Dr. Mark Lindsay, a chiropractor and Queen’s PhD scholar filed, a lawsuit towards Queen’s University; Dr. Douglas Cook, chair of the Queen’s Division of Neurosurgery; Performance Phenomics Holding Corp.; and Voxel AI Inc., which was meant to be a re-branding.
A now settled assertion of declare issued within the Ontario Superior Court of Justice Jan. 31, 2021 commenced the lawsuit. It alleged Queen’s was concerned in misrepresentation, breach of contract, breach of belief, breach of fiduciary obligation, and breach of Queen’s Senate Policy on Integrity in Research.
Similar allegations have been made towards Cook—whereas the assertion of declare alleged Voxel AI was concerned in illegal misappropriation and use of his PhD analysis, thesis, cohort, and mental property.
Lindsay claimed punitive damages of $1 million, and aggravated damages of $300,000 towards all defendants besides Queen’s as long as the University honours the phrases of the PhD diploma and designates Dr. Leslie MacKenzie the only PhD supervisor for Lindsay.
The University responded to a request for remark from The Journal, the place they defined courtroom data solely present one aspect of the dispute. The claims made throughout the assertion of declare stay untested in a courtroom of regulation.
The Journal reached out to Cook and Voxel AI Inc for feedback. No feedback have been obtained in time for publication.
“The university is aware of the statement of claim filed with the court, which represents only the plaintiff’s perspective. Had the university been required to file a defence, it would, and does, deny the allegations in the claim,” the University stated in an announcement to The Journal.
“The university didn’t file a statement of defence because it was never served with the claim.”
According to the assertion of declare obtained by The Journal, Lindsay was a sought-after chiropractor and gentle tissues rehabilitation specialist specializing in athletes.
Lindsay claimed he had been training for 33 years treating many sufferers from elite athletic backgrounds such because the NHL, NBA, and MLB. Lindsay’s apply consists of many Olympic and World Champion athletes—moreover together with excessive degree tennis and golf gamers.
Lindsay works with many high surgeons and athletic groups in North America the place he performs a task in designing and implementing post-surgical remedy protocols, in response to the pleading.
Around Jan. 8, 2016, Lindsay and the University met to debate their mutual curiosity in having Lindsay full his PhD at Queen’s. Before this assembly, MacKenzie was allegedly encouraging Lindsay to start out a PhD at Queen’s due to the “prestige and credibility” he would convey to the programme.
“Queen’s knew that Dr. Lindsay would bring elite athletes to the University as part of his research cohort, thereby adding enormous prestige and credibility to the program as first recognized by Dr. MacKenzie,” the assertion of declare learn.
Though Lindsay’s analysis would contain each anatomy and neuroscience, it was proposed the PhD be in neuroscience with MacKenzie and Cook performing as co-supervisors. Later within the declare, Lindsay alleged MacKenzie was being sidelined.
Based on the assertion of declare, Lindsay chosen Queen’s due to the University’s dedication to respect mental property rights of PhD college students and supervisors.
Lindsay’s admission to the School of Graduate Studies was formally confirmed round March 31, 2016—at which era Lindsay accepted the admissions provide.
The analysis Lindsay was conducting aimed to find out if handbook medication strategies confirmed adjustments in the structure, orientation, and inflammatory characterization of connective tissue. His examine concerned utilizing superior imaging applied sciences and cadavers in a scientific atmosphere.
The objective of Lindsay’s analysis was to quantify the function of handbook medication and remedy of the fascia of the top and neck to enhance athletic efficiency.
Lindsay gathered a cohort of 48 athletes to evaluate in his examine. These got here from current sufferers and relationships. The assertion of declare stated the group of athletes positioned their “trust, confidence, and loyalty” with Lindsay.
He pleaded the outcomes of the examine weren’t for use for monetary achieve or revenue or for knowledge to be transferred exterior of the Queen’s analysis undertaking to 3rd events.
In the assertion of declare, Lindsay alleges he learn the Performance Phenomics traders presentation dated Aug. 9, 2017. The presentation allegedly detailed photographs and wording from his PhD analysis.
“Dr. Lindsay was deeply disturbed. Performance Phenomics and Dr. Cook were inappropriately using Dr. Lindsay’s PhD research and cohort for a purpose other than what was agreed to and intended,” the assertion of declare stated.
Around Dec. 5, 2017, Lindsay obtained a replica of the Performance Phenomics’ paper on MRI strategies and outcomes. This paper was authored by Cook, and two different lecturers.
“Upon reading the paper, Dr. Lindsay was shocked. This paper was a clear, unauthorized misappropriation of Dr. Lindsay’s research, cohort and Ph.D. thesis,” the assertion of declare stated.
“Lindsay was later informed that this paper was not published in a medical journal, but rather was being used by Performance Phenomics to raise money. This was an egregious violation of the rules of academic integrity,” the assertion of declare stated.
Lindsay plead that he confronted Cook in a “measured” means, the place Lindsay questioned Cook over not having any of the analysis attributed to him.
In late 2017, Cook suggested Lindsay he needed to take Lindsay’s examine from Queen’s to Humber River Hospital, the place Dr. Anthony Mascia was working with Lindsay to conduct imaging on athletes.
Lindsay reminded Cook he was his supervisor, and the analysis was for his PhD thesis.
“Lindsay found this discussion very unsettling and felt that Dr. Cook had a serious conflict of interest,” the assertion of declare stated.
Shortly earlier than March of 2018, a TSN reporter contacted Cook for an interview with him and Lindsay in regards to the analysis. Lindsay allegedly suggested Cook the interview needed to be declined.
Lindsay realized Cook had proceeded with the TSN interview—with last publication. In the assertion of declare, Lindsay alleged the story misappropriated Lindsay’s analysis, and handed it off as Cook’s personal.
“This resulted in exactly what Dr. Lindsay was afraid of: namely, alarm and anxiety on the part of the athletes, who had placed their trust in Dr. Lindsay. This was both embarrassing and humiliating for Dr. Lindsay,” the assertion of declare stated.
According to the assertion of declare, Lindsay spoke to the Director of the Centre of Neuroscience Studies at Queen’s—informing him that none of his sufferers within the cohort for his PhD thesis would’ve agreed to take part within the examine had Lindsay not been concerned.
“Dr. Lindsay’s livelihood was dependent on maintaining the trust and confidence of his patients. The reputational interests that Dr. Lindsay had to protect were significant,” the assertion of declare stated.
Lindsay pleaded in courtroom filings he was unaware of this settlement.
The assertion of declare alleged Lindsay was given entry by way of a tough drive to the requested knowledge which had been offered by Queen’s to Performance Phenomics, which took a while to open. The assertion of declare alleged as soon as the onerous drive opened, not all the requested knowledge was turned over.
Lindsay alleged later within the go well with the information from his analysis was revealed in NeuroImage by Cook and one other researcher who was engaged on his PhD in Cook’s laboratory.
The assertion of declare alleged that Performance Phenomics, Cook, and others filed Canadian, U.S., European, and Australian patent functions. Allegedly, with out Lindsay’s information.
The assertion of declare made point out of capital raised by Performance Phenomics. According to Phenomics’ tax returns, the corporate utilized for federal credit utilizing info from Lindsay’s PhD analysis.
Allegedly, by way of these identical credit, funds have been made to a number of researchers, together with Cook.
“We’re pleased that the case has been settled. We’re in the process of implementing the minutes of settlements. They’re basically all implemented and satisfied. We’re confident the remaining items will also be resolved and implemented,” Timothy Danson, lawyer for Mark Lindsay, stated in an interview with The Journal.
“[Lindsay] is very excited he is able to work with such outstanding professors, particularly professor MacKenzie who is his PhD supervisor […] Dr. Lindsay is one of the top sports medicine rehabilitation doctors in the world, he’s excited about furthering his own education.”
The University confirmed an out of courtroom, non-monetary settlement had taken place.
“All parties are bound by a confidentiality clause about the settlement. The University considers this matter to be at an end.”
Discussion about this post