Legal Threats – Retraction Watch

Judge upholds 15-year debarment against scientist who once threatened to sue Retraction Watch

An appeals judge has recommended the U.S. Health and Human Services uphold a proposed 15-year debarment for a scientist accused of research misconduct more than a decade ago.

In a May 2025 decision, administrative law judge (ALJ) Margaret G. Brakebusch concluded that “undisputed facts” establish Ariel Fernández engaged in research misconduct by falsifying research results in published papers, grant applications and other materials while serving as a professor at Rice University in Houston. Brakebusch recommended HHS affirm the proposed sanctions made by the Office of Research Integrity in a 2022 charging letter — including a 15-year ban from federal funding for Fernández, an Argentine chemist.

The development is the latest in a lengthy saga involving skepticism over Fernández’s work dating back to 2009. Over the years, scientists have criticized his work, journals have investigated his papers, and Fernández has flip-flopped about the funding sources for some of his articles. Fernández also levied a legal threat against Retraction Watch in the past for reporting on an expression of concern in one of his papers.

Porn addiction recovery group sues publisher, UCLA researcher over critical paper

An online peer support group for people overcoming addiction to pornography has filed a lawsuit against the authors of a paper critical of the group, as well as the publisher Taylor & Francis, in an attempt to get the article retracted.

The 2023 study, published in Deviant Behavior, found the Reddit channel for the group NoFap had a higher rate of posts containing violent language compared with two similar subreddits.

Study coauthors Nicole Prause, a bioinformatics programmer with the University of California, Los Angeles, and clinical psychologist David Ley are named defendants in the lawsuit, filed December 30. NoFap and the group’s founder, Alexander Rhodes, are plaintiffs in the suit, which alleges the authors manipulated the data to make the subreddit seem uniquely violent.

Court challenge could chill reporting of research fraud, say whistleblower attorneys

The U.S. government recently announced a record $6.8 billion in False Claims Act settlements and judgments in 2025, the most in a single year since the law’s enactment 163 years ago. For those concerned with scientific integrity, another significant FCA record was also set in 2025: the number of suits brought under the FCA by private individuals against entities they believe defrauded the federal government.

Successful qui tam suits brought under the FCA can come with incentivizing monetary rewards – sometimes substantial – for the whistleblowers. Whistleblowers filed a record 1,297 of these so-called qui tam lawsuits in 2025, up from 979 suits in 2024.

Despite the FCA’s banner year, legal experts say a pending challenge may weaken the law’s whistleblower power and impact. A Florida district court recently struck down the FCA’s qui tam provisions as unconstitutional because these suits involve individuals suing on behalf of the government. If an appeals court upholds the decision, some whistleblowers in that court’s jurisdiction may no longer get paid for exposing wrongdoing, a change that could allow more fraud to slip under the radar, legal analysts say.

Lawsuit fails to block retraction of paper claiming to link heart-related deaths to COVID-19 vaccines

*Greg J. Marchand in a photo from his research institute’s website.*

A Taylor & Francis journal has retracted a widely-read paper linking cardiac-related mortality to COVID-19 vaccines after an unsuccessful legal attempt by the lead author to block the withdrawal. That author says he is considering further legal action against the publisher.

The article, “Risk of all-cause and cardiac-related mortality after vaccination against COVID-19: A meta-analysis of self-controlled case series studies,” drew swift criticism when it was published in Human Vaccines & Immunotherapeutics in August 2023. At the time, critics and sleuths were quick to challenge the data and methods used in the paper, which now has more than 143,000 views on the Taylor & Francis website and has been cited 15 times, including by two letters to the editor of the journal and a response from the authors, according to Clarivate’s Web of Science.

The retraction notice, posted online January 16, states the retraction resulted from concerns that arose about the methodology of the study and the integrity and availability of the data. The authors provided a full response to the queries; however, the publisher determined the validity of the findings remained in question, the notice states. It continues:

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

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.

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.

Computing society pulls works for ‘citation falsification’ months after sleuth is convicted of defamation

An international computing society has begun retracting conference papers for “citation falsification” only months after the sleuth who flagged the suspect articles was convicted for defamation in a lawsuit filed by one of the offending authors.

So far, the Association for Computing Machinery (ACM) has pulled at least 27 of the papers, but dozens more remain, according to Solal Pirelli, a software engineer in Lausanne, Switzerland, who raised concerns about the articles more than two years ago. Some of the proceedings allegedly include plagiarized works, while others are plagued by citation stuffing.

The retraction notices from September 10 state:

Taylor & Francis threatens legal action against anonymous group’s ‘highly defamatory’ claims

Taylor & Francis has threatened legal action against an online group that has made allegations, based largely on vague insinuations rather than evidence, about the publisher and a member of its research integrity team.

The group, ScienceGuardians, is an anonymous organization whose website serves as what they call an online “journal club.” On X, it has been posting so-called “investigations” of several sleuths, publishers and organizations, what it calls “perpetrators of the PubPeer Network Mob.” Its targets have included sleuths Kevin Patrick and Reese Richardson, and others such as Science editor-in-chief Holden Thorp, and its posts are often amplified by those whose work has been questioned on PubPeer or retracted.

On September 7, the group published a string of claims on X about Nick Wise, a sleuth who joined Taylor & Francis in January as a research integrity manager. The ScienceGuardians post characterized the move as Wise “infiltrated” the publisher’s research integrity office. The post states he is responsible for 1,300 posts on PubPeer (which we have noted he does under his real name), and, ScienceGuardians claims, more than 100 others under the name “Simnia avena.”

Exclusive: Cancer researcher sues MD Anderson over misconduct finding

A biochemist who worked as a postdoc at The University of Texas MD Anderson Cancer Center in Houston has sued the institution to dispute findings of research misconduct.

The researcher, Sonia Melo, now at the University of Porto in Portugal, alleges MD Anderson did not follow its own policies while conducting its investigation. Melo lost a prestigious grant in 2016 after one of her papers was retracted for containing duplicated images.

MD Anderson’s investigation concerned a paper published in Cancer Cell in 2014. On August 7 the journal marked it with a “temporary Expression of Concern” detailing duplicated and relabeled data found in the probe, which was completed in May 2024. The article has been cited 1,462 times, according to Clarivate’s Web of Science.

Editors won’t retract talc and cancer article J&J says is false in court

A journal will not retract a paper linking use of talc-based baby powder to cancer, despite legal pressure from the pharmaceutical giant that made the product.

A lawyer representing a unit of Johnson & Johnson in May asked editors of the Journal of Occupational and Environmental Medicine to retract a paper on cases of mesothelioma associated with cosmetic talc, following the court-ordered release of the identities of the people described in the article.

The lawyer alleged many of the patients had other exposures to asbestos than cosmetic talc, rendering the article’s fundamental claims “false.”

Share this:

Share this:

Share this:

Share this:

Share this:

Share this:

Share this:

Share this:

Share this:

Share this: