Author: Andrew P. Han

Failed whistleblower suit is a reminder that public universities are hard to sue

The University of Louisville’s Kornhauser Library via Wikimedia

Suing the government is difficult. And because public universities often function as an arm of state governments, that makes them hard to sue, too, a fact reiterated in a whistleblower case decided earlier this year.

In January, Judge David Hale of the Western District of Kentucky dismissed a lawsuit filed by former employees of the University of Louisville alleging that the institution fraudulently secured millions in federal grants due to a biosafety program that had fallen out of compliance with federal regulations. The biosafety officers also alleged that they were wrongly terminated for pointing out the compliance issues to Louisville, the National Institutes of Health, and even the Federal Bureau of Investigation. But the judge’s order came before those issues would even be considered.

According to the suit, filed in 2015, plaintiffs Karen Brinkley and Carol Whetstone alleged that the university, seven principal investigators, and an administrator had worked to wrongly obtain as much as $165 million from the National Institutes of Health. Around 2008, according to the plaintiffs, the defendants began allowing persistent biosafety issues — improper training and biological material disposal methods, protocols with expired institutional biosafety committee approvals, performance of research tasks in labs with insufficient biosafety ratings — to taint their applications for multiple federal grants (the complaint didn’t specify how many). Brinkley and Whetstone filed suit under the False Claims Act (FCA), which allows individuals to recover money on behalf of the U.S. government; allegedly, the grants were improperly obtained because the defendants had certified that they were in compliance with NIH’s biosafety requirements, even though they knew that they were not. Continue reading Failed whistleblower suit is a reminder that public universities are hard to sue

Researcher who tangled with CrossFit loses two more papers

An exercise scientist who ran a study of the CrossFit exercise program without an approved human subjects protocol has lost two more papers to retraction.

Both papers were retracted on June 26 by the editors of the International Journal of Exercise Science (IJES) with the agreement of last author Steven Devor, a former professor at The Ohio State University. Both have been retracted because the studies were carried out without proper IRB approval.

Earlier in June, another paper from the CrossFit study — which is still at the center of a legal battle between CrossFit and a competitor in the market for exercise instructor licensing — was retracted by the Journal of Strength and Conditioning Research (JSCR) for improper IRB approval. Devor resigned from OSU the day after the first retraction.

Only one of the newly retracted papers had anything to do with the CrossFit study: Published in April 2014, this paper suggested that the so-called “paleo” diet — a diet focused on meat and vegetables — is associated with “unfavorable” changes in cholesterols and other blood-based cardiovascular biomarkers. In addition to following the diet, subjects also participated in a CrossFit exercise program. Continue reading Researcher who tangled with CrossFit loses two more papers

Duke admits faked data “potentially affected” grant applications

Duke University

A former researcher at Duke University has admitted to faking data that allegedly were used to secure hundreds of millions of dollars in federal grants.

Duke has also admitted that it knew Erin Potts-Kant, a pulmonary scientist, faked data, but it’s unclear whether that was discovered prior to using those data to apply for grants, as a lawsuit alleges.

The admissions come from court documents submitted by Potts-Kant, her supervisor — former Duke researcher William Michael Foster — and Duke itself, responding to allegations in a whistleblower suit that says they defrauded the government.

Regular readers may recall that Joseph Thomas, a former colleague of Potts-Kant and Foster, has filed a False Claims Act suit against the three defendants on behalf of the U.S. government. The responses, submitted separately by the three defendants, are the latest development in what could be a landmark case for research misconduct. The lawsuit has survived motions to dismiss and is moving through the discovery process, which is likely to reveal more than the defendants have already said.

The suit claims that Potts-Kant “knew that the reported research results in question were false and/or fabricated, having generated the results herself.” To which she responded (in writing): Continue reading Duke admits faked data “potentially affected” grant applications

Widely publicized Nature study on human age limit draws fire

Statisticians are mounting a challenge to a much-publicized study suggesting that human lifespan has a limit of approximately 115 years — 125, tops.

Published last October in Nature, the study from scientists at Albert Einstein College of Medicine in New York was the eleventh most talked-about piece of research in 2016, according to Altmetric. The paper is not yet indexed in Clarivate Analytics’ Web of Science.

But now, multiple research teams have described what they see as flaws in either the statistical methods or underlying reasoning of the study. Today, Nature published five peer-reviewed rebuttals, in response to the study. Another scientist described his concerns about the paper in April in F1000 Research.

The five papers in Nature are published as Brief Communications Arising, the journal’s way of flagging an important debate over a paper. The short papers provide new data to challenge a central part of a paper’s conclusions. The study’s authors, however, have responded to all five, defending their methods, especially their controversial decision to rely in part upon a visual inspection of mortality data in concluding there is a limit to human lifespan. Senior author Jan Vijg, a geneticist, told Retraction Watch:

Continue reading Widely publicized Nature study on human age limit draws fire

NY court: Cornell faces being held in contempt after denying physics professor tenure (twice)

Mukund Vengalattore

Cornell University and a high-powered dean at the school face being held in contempt of court in a case stemming from their decision to deny tenure to a physics professor.

Assistant professor Mukund Vengalattore told Retraction Watch he believes the school and the dean are violating a judge’s order instructing them to completely redo his tenure review process. Neither the university nor the dean has done any of the things the judge asked them to do, and even suspended his paycheck for the first two weeks of June, he said.

In 2014 Gretchen Ritter, Dean of the College of Arts and Sciences, denied Vengalattore tenure, citing a weak publication record, an inability to accept advice from colleagues, and a poor group dynamic fostered in his lab [Exhibit C in this court document]. But on appeal, a faculty panel found that the review process had been affected by sexual misconduct allegations from a former graduate student.  Vengalattore told Retraction Watch the allegations were “completely false.”

However, last year, Ritter again denied Vengalattore tenure, a decision backed by Cornell’s provost, Michael Kotlikoff. As first reported by Inside Higher Ed in May, Vengalattore then took Cornell and Ritter to court. Judge Richard Rich ruled on that case in November, finding that the alleged misconduct “tainted” the process and that the school had deviated from its established procedures in a “necessary” but “secretive” way, denying Vengalattore due process:

Continue reading NY court: Cornell faces being held in contempt after denying physics professor tenure (twice)

Instead of retracting a flawed study, a journal let authors re-do it. It got retracted anyway.

When a journal discovers elementary design flaws in a paper, what should it do? Should it retract immediately, or are there times when it makes sense to give the researchers time to perform a “do-over?”

These are questions the editors at Scientific Reports recently faced with a somewhat controversial 2016 paper, which reported that microRNAs from broccoli could make their way into the nuclei of human cells — suggesting that the food we eat could affect our gene expression.

After the paper appeared, researcher Kenneth Witwer at Johns Hopkins — who was not a co-author — posted comments on PubMed Commons and the paper itself, noting that the authors hadn’t properly designed the experiment, making it impossible for them to detect broccoli microRNAs. 

But instead of retracting the paper, the journal decided to give the authors time to do the experiments again, this time with correctly designed molecular biology tools. When that failed, they retracted it — and as part of the notice, reported the exact opposite conclusion of the original.

Witwer said the authors did a “tremendous job” with the follow-up study, but he still thinks the journal should have retracted the paper immediately. Letting the authors redo it is “a dangerous precedent to set,” he told us:   

Continue reading Instead of retracting a flawed study, a journal let authors re-do it. It got retracted anyway.

Journal alerts readers to “technical criticism” of CRISPR study

A Nature journal has posted a editor’s note to a recent letter on potential unintended consequences of CRISPR gene editing, after an executive at a company trying to commercialize the technology said the paper should be retracted.

The original article, published on May 30 as a correspondence in Nature Methods, suggested that using CRISPR in mice can lead to unexpected mutations. But last week, the journal added an “Editorial note” online. Nature Methods says the notice is not an expression of concern, which would be a stronger suggestion that the paper is problematic; it simply wants to alert readers to the fact that, as the note states:

Continue reading Journal alerts readers to “technical criticism” of CRISPR study

Career derailed, ex-prof to sue Montana State for wrongful termination

Ryan Jones. Credit: Kelly Gorham/MSU

A former assistant professor at Montana State University who was fired last year is planning to sue the school for defamation, wrongful termination, and violation of due process.

Ryan Jones, a microbiologist, was forced to leave his tenure-track position — which was technically a one-year contract, so could be terminated before he had the opportunity to apply for tenure. The case highlights the insecurity of non-tenured academic jobs, an issue the planned suit is tackling head on. In addition to monetary damages, the lawsuit seeks to void all one-year contracts at Montana State, which can be terminated for any reason — a system that exists elsewhere in academia.

Jones told Retraction Watch that he believes he was forced out based on what he alleges are cooked-up charges of research misconduct — specifically, he brought back insect samples from the Amazon but didn’t fill out a permit:

Continue reading Career derailed, ex-prof to sue Montana State for wrongful termination

Ex-researcher who shot dean found guilty of attempted murder

Hengjun Chao Credit: Westchester County DA

 

A New York jury has found Hengjun Chao, a former research assistant professor at Mount Sinai, guilty of attempted second degree murder and two other charges.

Last year, Chao shot Dennis Charney, a Mount Sinai dean who had fired him in 2010 for misconduct, outside of a deli in a wealthy New York suburb. After the incident, Chao admitted to police he shot Charney. During the trial, Chao’s lawyer argued that Chao had done so to draw attention to what he believed to be misconduct at Mount Sinai.

As reported by the Chappaqua Patch, in addition to one count of attempted second degree murder, Chao was convicted of one count of criminal use of a firearm and one count of assault. He faces a maximum of 25 years in state prison.

Chao’s attorney, Stewart Orden, told Retraction Watch:

Continue reading Ex-researcher who shot dean found guilty of attempted murder

Ohio State exercise researcher resigns after retraction of CrossFit study

The senior author of a lawsuit-spawning study of the CrossFit exercise program has resigned from his post at The Ohio State University.

On June 2, we reported that the Journal of Strength and Conditioning Research retracted the problematic study because it lacked approval from the institutional review board. The journal had previously corrected the study, acknowledging it contained false injury statistics.

Now, an OSU spokesperson has confirmed that — as first reported by the Columbus Dispatch — former assistant associate professor Steven Devor resigned May 31, the day after the retraction.

The spokesperson also confirmed that OSU made several demands following an investigation into the CrossFit study: That Devor either correct or retract the study, that he take a 33 percent pay cut for the rest of the year, and that he refrain from both serving as a principal investigator and  contacting graduate students as long as he remained there.

Continue reading Ohio State exercise researcher resigns after retraction of CrossFit study