Clarification appended.
A Rhode Island federal judge ruled yesterday that accusations in a defamation suit filed by Alpert Medical School professor Timothy Kinsella would not be sealed from the public, despite Kinsella's argument that disclosing the accusations would further damage his professional reputation.
Kinsella, who is also a practicing radiation oncologist at the Rhode Island Hospital, teaches in the Department of Radiation Oncology.
He filed suit last May on seven counts including defamation, intentional infliction of emotional distress and invasion of privacy against former cancer patient Amelia Weber of Tucson, A.Z. and five other unnamed defendants who had previously accused him of misconduct.
Kinsella treated Weber for lip cancer from 2005 to 2006 when he was practicing in Ohio. After treatment, Weber filed a complaint of misconduct that the State Medical Board of Ohio investigated and closed, according to the suit. Weber also attempted to file civil action against Kinsella and filed a criminal complaint, which the Cuyahoga County prosecutor investigated, finding "no action that warranted criminal prosecution," the suit contends.
Kinsella's suit alleges that for the past five years, Weber and the other defendants "initiated a vindictive campaign" to damage Kinsella's reputation, which included accusations that Kinsella sexually assaulted Weber, made vulgar comments to her, solicited her for sex, lied about his credentials and broke state and federal laws in disclosing patient information.
According to the suit, Weber also claimed that Kinsella was an "unethical physician," "sexual predator" and "pathological liar."
The suit claims that the defendants sent defamatory emails and letters to multiple recipients - including President Ruth Simmons, Dean of Medicine and Biological Sciences Edward Wing and Rhode Island Hospital administrators - and maintain a website promulgating these accusations.
In yesterday's hearing, attorney Stephen Reid Jr. sought to seal the section including specific allegations against Kinsella, arguing that keeping the allegations public would force Kinsella to indirectly promote statements against him and "put more ammunition in Ms. Weber's gun."
U.S. District Court Judge William Smith denied the motion on the grounds that "notoriety and embarrassment is not a reason for overriding the assumption of public access," he said.
Kinsella is suing for a court order to shut down the website and stop the defendants from distributing false information. He is also seeking punitive damages.
A previous version of this article stated that Amelia Weber attempted to file civil action against Alpert Medical School professor Timothy Kinsella and filed a criminal complaint, which the Cuyahoga County prosecutor investigated, finding "no action that warranted criminal prosecution." The statement should have been attributed to Kinsella's defamation suit.
