Former U of C researcher attempts to collect pay for expert report

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A former University of Calgary neuroscientist, who retracted nine scientific papers after it was revealed his research team manipulated data, made a failed attempt at a civil claim against an Alberta company Tuesday. 

Dr. Cory Toth resigned from the U of C in March 2014 after the school investigated. Problems with some of the research was first reported to the university by Retraction Watch, a U.S.-based academia watchdog group.

Toth moved to British Columbia and began working as a neurologist at a Burnaby Hospital, but was in Edmonton on Tuesday seeking a provincial court judgment of $2,000 plus interest against Edmonton’s Western Medical Assessments as payment for an independent medical exam he was retained to perform to support a civil court case in August 2014. In his suit, Toth also named lawyer Michele Reeves, who hired Western Medical Assessments to find her an expert to complete the medical exam.

According to a dispute note filed by Reeves, three days after she disclosed Toth’s expert report to opposing counsel in September 2014, Postmedia published a story about the retracted studies that gained national attention.

In its own dispute note, Western Medical Assessments argued it shouldn’t have to pay Toth because when he was hired he didn’t disclose he had been found to have “committed a breach of integrity” in his relationship with the U of C. Given the circumstances, Toth should have known his opinion wouldn’t be accepted by the court, the company argued.

“Had this information been disclosed to (Western Medical Assessments), as it ought to have been, he would not have been selected as an expert for this case,” the document reads.

But Toth argued the problems with the studies had no bearing on his standing as a physician, and that his ability to complete medical assessments was “never held in question.” 

Toth defended his credibility as a clinician while being questioned by Western Medical Assessments CEO and medical director Dr. Roger Hodkinson.

During the exchange, Hodkinson remarked that Toth stopped doing scientific research in the wake of the retractions.

“For the time being,” Toth replied, adding that when he was hired for his current job, he made an agreement with his employer not to conduct any scientific research for five years.

Toth testified Tuesday that he has continued to complete independent medical assessments, telling court he did four the previous week.

The judge who heard the case dismissed Toth’s claim against Western Medical Assessments and Reeves. Some costs were ordered against both Toth and the company.

pparsons@postmedia.com

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