Author: Alicia Gallegos

Court: University disclosure of researcher’s misconduct did not violate due process

Flavia Pichiorri

An appellate court has dismissed a legal challenge by a cancer researcher against her former institution, ruling the university’s misconduct investigation and disclosure process did not violate her right to due process.  

In 2020, The Ohio State University determined that Flavia Pichiorri, a former postdoc in the lab of Carlo Croce, was responsible for manipulating and reusing images in four publications, spanning from her time in Croce’s lab through establishing her own lab at Ohio State. Pichiorri sued the Ohio State Board of Trustees in April 2023 alleging the release of its misconduct findings to “prestigious journals” and her new employer violated her due process rights, defamed her, and inflicted emotional distress, among other claims. 

But in a December 19 ruling, the U.S. Court of Appeals for the Sixth Circuit concluded Pichiorri’s complaint never identified an adequate “liberty interest” worthy of procedural protections under the Due Process Clause of the 14th Amendment. The appeals court affirmed a lower court’s decision tossing the complaint for failure to state a constitutional claim. 

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Court tosses out researcher’s bid to overturn funding ban

A federal court has terminated a former researcher’s lawsuit against the U.S. government agency that barred her from receiving federal funds following an agency investigation that lasted 10 years. 

Ivana Frech  — formerly Ivana De Domenico — sued the U.S. Office of Research Integrity (ORI) in 2023 after the agency concluded she engaged in research misconduct while at the University of Utah, by “intentionally, knowingly, or recklessly falsifying and/or fabricating” images in work funded by the National Institutes of Health. In her legal complaint filed shortly after ORI’s debarment, Frech alleged the agency’s misconduct findings and debarment decision were “arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence, and contrary to law and regulation.” 

On December 12, the U.S. District Court for the District of Columbia threw out Frech’s suit, ruling in favor of the government’s motion for summary judgement. Summary motions are granted when a court finds no genuine dispute over material facts and a lack of conflicting evidence for a jury to weigh. The decision allows ORI’s three-year debarment – which runs through August 2026 – and misconduct conclusions against Frech to stand.  

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Controversial Paxil “Study 329” earns expression of concern after critic sues publisher

After more than 20 years of criticism and calls for retraction, a journal has placed an expression of concern on a study of the antidepressant Paxil in teens that critics say has led to unwarranted and potentially harmful prescribing of the drug to youth. 

The 2001 paper, published in the Journal of the American Academy of Child & Adolescent Psychiatry (JAACAP), reported findings from a randomized trial known as “Study 329,” which concluded the antidepressant Paxil was safe and effective in kids ages 12 to 18. 

In 2012, Paxil maker GlaxoSmithKline agreed to pay $3 billion to settle civil and criminal charges that included “unlawful promotion” of the drug for adolescents, for whom the product was never approved, and allegations the company “participated in preparing, publishing and distributing a misleading medical journal article” — the JAACAP paper.  A reanalysis in 2015 found the drug was “ineffective and unsafe” for the age group studied.

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Wiley retracts study stolen by reviewer, following Retraction Watch coverage

A Wiley journal has retracted a paper more than a year after a researcher reported the work was hers and had been stolen by a reviewer for another journal.

As we reported in July, Shafaq Aftab, now a lecturer at the University of Central Punjab in Pakistan, contacted Wiley in September 2024 after discovering a paper published in one of its journals, Systems Research and Behavioral Science (SRBS), was the exact work she submitted to a different journal a year earlier.  

The retraction notice, issued October 1, states an investigation found “significant unattributed overlap with an unpublished manuscript” and data the authors provided to the journal were “insufficient to resolve the concerns.” Subsequently, “additional scientific errors were identified in the manuscript,” according to the notice.  

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Reviewer accused of stealing manuscript and publishing it as his own denies he refereed it

An early-career researcher who discovered a nearly identical version of her manuscript published by the researcher who reviewed — and recommended rejecting — the work for another journal is still awaiting a resolution 10 months after reporting her concerns. 

Shafaq Aftab, now a lecturer at the University of Central Punjab in Pakistan, learned of the published study last fall in an alert from ResearchGate. The paper, published in Systems Research and Behavioural Science (SRBS) in September 2024, was not only similar to research she completed during her Ph.D. coursework, it was the exact work she had submitted to another journal in late 2023, Aftab told Retraction Watch. 

An email exchange she had with the editor of that journal, Information Development (IDV), confirmed the author of the published study was a reviewer of Aftab’s manuscript. 

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