A:U of C sued over diabetes 'cure'
Businessman alleges breach of contract
Deborah Tetley, Calgary Herald
Published: Sunday, March 19, 2006
A B.C. businessman has launched legal action against the University of Calgary, an affiliated technology company and one of its former diabetes researchers, citing alleged defamation and breach of contract.
Youngsoo Kim's statement of claim, filed in British Columbia Supreme Court, stems from statements made in a controversial bestselling book suggesting the university has been hiding a diabetes cure from the public for the past 20 years.
Kim, a principal owner of Eastwood Biomedical Research in Richmond, B.C., sells an herbal remedy to diabetics called Eleotin and is seeking unspecified damages for defamation and breach of contract, costs and an injunction against the defendants.
He says he purchased a compound in 1996 through University Technologies International after it was developed at the U of C by Ji-Won Yoon.
At the time, Yoon was director of the university's Julia MacFarlane Research Centre for Diabetes.
One of the elements at the centre of the controversy is Kim's claims that human clinical trials were conducted.
U of C officials and Yoon have rejected Kim's claims, as well as those in Kevin Trudeau's book, Natural Cures They Don't Want You to Know About, which says there are cures for hundreds of ailments government and drug companies are hiding.
Trudeau's book has sold more than five million copies.
The U of C's medical department received more than 100 queries once the book was released last fall from people looking for more information about a "cure" for non-insulin dependent diabetes.
An official with the U of C declined comment on the legal action because the matter is before the courts, but reiterated the university's earlier position:
"Our primary concern is that the public is given accurate, scientifically proven information about real treatments for diabetes," said spokesman Roman Cooney. "We want to ensure that no one creates false hope in conjunction with the University of Calgary name."
Yoon, who now works at the Rosalind Medical Center in Illinois and is no longer with the
U of C, was unavailable for comment.
He has already rejected Kim's claims.
"I told him (Kim) 100 times it wasn't a cure," Yoon said last month. "He knew we hadn't tested it on patients."
University lawyers have not filed a statement of defence, but last month Pere Santamaria, director of the Diabetes Research Centre, said the patent Kim obtained was based upon research on animals, not in humans.
Santamaria said Kim, a former University of Alberta professor, licensed two herbal compounds discovered at the U of C in the late 1990s, but the compounds are not listed as ingredients on Eleotin.
David Taylor, Kim's lawyer in Vancouver, also declined comment on the statement of claim.
In the court documents, dated March 9, Kim maintains his claim that after the compound was purchased, trials were conducted on at least 10 humans by Yoon.
He also argues that the U of C's public comments distancing the school from Kim and the compounds are misleading, false and defamatory.
"(Eastwood and Kim) have requested (the U of C) to retract the statements or alternatively to publish clarifications . . . to avoid defamatory innuendo but (the U of C) has refused/neglected to undertake such contact," the documents read.
"The statements are defamatory . . . and have caused injury, loss and damage, including injury to reputation and financial loss."
In 2004, Trudeau was banned from making infomercials in the United States for falsely claiming cures.
dtetley@theherald.canwest.com