The Michigan Court of Appeals upheld a decision against the University and two professors in the case of Carolyn Phinney, a former research associate who accused one colleague of stealing her research and another of retaliation.
On April 4, the court awarded her an additional $250,000 as interest due on damages she was awarded in the Washtenaw County Circuit Court in 1993. The additional money changes her award total from $1.5 million to $1.75 million.
Vice President for University Relations Lisa Baker said the University disapproves of the verdict.
"We disagree with the appellate decision," Baker said. "We will continue to stand by our personnel in this matter and we believe that they acted appropriately."
Baker said the ruling will be studied, but she said she did not know whether the University would appeal to the Michigan Supreme Court.
In 1989, Phinney first complained that Psychology Prof. Marion Perlmutter lied to her in order to get privileged access to Phinney's research. After gaining access to her work, Phinney claimed that Perlmutter defrauded her in many ways.
"Some of my work was actually stolen from my lab," Phinney said. "She claimed first authorship on some of my research where no authorship was due."
Phinney said she complained to Richard Adelman, director of the Institute of Gerontology. She said Adelman's response was to threaten her, harrass her and suspend her for insubordination.
"It is unbelievable what they did to me," Phinney said.
Attorneys for Adelman and Perlmutter could not be reached for comment yesterday.
In 1993, the Washtenaw County Circuit Court awarded the sum of $1.1 million to Phinney. Adelman was found guilty of violating the Whistleblower's Protection Act and Perlmutter was found to have committed fraud.
Phinney said she offered to settle the case in 1990 under the terms that the University return her intellectual property and agree to pay her legal fees, which at the time amounted to $20,000.
Phinney said there are still issues for which she could file lawsuit against the University.
"I'm widely considered by the federal government to be the first person in the country to win a case like this," Phinney said. "This is happening to junior scientists all over the country, particularly to women."
Phinney said that she has learned to be cautious.
"The important message is don't be so trusting. I was extremely naive," Phinney said. "I never in a million years thought I had to protect myself in any way."