Category: Legal Threats

Scientist who sued university earns two more retractions, bringing total to five

A scientist who sued his employer for millions of dollars has earned two more retractions, for papers that had already been flagged by the journal.

By our count, Rakesh Kumar now has five retractions and multiple corrections.

Kumar sued his employer, George Washington University, for $8 million, alleging emotional distress when they put him on leave from his position as department chair following a finding of misconduct. That suit was settled last year, for undisclosed terms.

The two newest retractions in the Journal of Biological Chemistry — which tagged the papers with Expressions of Concern last year — both state that, according to Kumar, the problematic figures were assembled by “specific co-authors” — unnamed — in his lab. Here’s the first notice:

Continue reading Scientist who sued university earns two more retractions, bringing total to five

Two more retractions for stem cell researcher appealing her dismissal

Susana Gonzalez

Susana Gonzalez, a rising star in stem cell research, has had a rough year.

In addition to being fired from her former research institute (which she is now appealing), one of her grants (totaling nearly 2 million Euros) was suspended. Most recently, she has received two new retractions in Nature Communications over figure duplications and missing raw data. By our count, she has a total of three retractions.

Both of the new notices say the papers contained figures duplicated in other papers by Gonzalez, and neither includes Gonzalez among the list of co-authors who agreed to the retraction.

Gonzalez was dismissed from her position at the National Center for Cardiovascular Research (CNIC) in Spain last February over allegations of misconduct. According to the head of basic research at CNIC, Gonzalez is still embroiled in a legal battle with the Center over her dismissal. Vicente Andrés could not go into detail because of the ongoing litigation, but he told us: Continue reading Two more retractions for stem cell researcher appealing her dismissal

After lawsuit threat, journal forces author to heavily revise education paper

Under threat of a lawsuit, an education journal changed its mind about publishing a paper that it had already accepted after peer review.

Last summer, Education Policy Analysis Archives, published by the Mary Lou Fulton Teachers College at Arizona State University, informed San Francisco State University professor Stanley Pogrow that the journal would be publishing his paper criticizing a widely used reform intervention for schools in poor districts called Success For All.

According to Success For All‘s website, the program is currently used in more than 1,000 schools in 48 states and received just over $10.5 million in grant funding in 2015. In 2010, the program was one of four recipients of the U.S. Department of Education’s $50 million Investing in Innovation Scale‑up grant.

Yet when Success For All’s co-developer, Robert Slavin at Johns Hopkins University, read a pre-publication draft of the paper, he threatened the journal with legal action if they published it. According to Slavin, the manuscript contained “libelous” and “defamatory” statements.

Subsequently, ASU declined to publish the accepted paper, and instead told Pogrow they would only publish a revised piece on the methodology used to evaluate which school interventions are effective — and thus should receive public funds. The revised paper does not directly mention Success For All or Slavin in the text (although it cites past articles by Pogrow criticizing the program). The revision, which Pogrow agreed to, “gutted the article,” he told us.  Continue reading After lawsuit threat, journal forces author to heavily revise education paper

Researcher sued to stop retractions; he just earned two more and is now up to 11

The notices keep coming for diabetes researcher Mario Saad.

Diabetes has just retracted two more of his papers, both of which had been flagged by expressions of concern, citing problems with duplications. What’s more, the journal added another expression of concern to a 2009 paper on which Saad — based at the University of Campinas in São Paulo, Brazil — is listed as last author, again over concerns of duplication.

This isn’t Saad’s first run-in with the journal: In 2015, the researcher sued the publisher, the American Diabetes Association, after it issued expressions of concern for four of his papers. Later that year, a judge dismissed Saad’s defamation suit. The journal eventually retracted the papers.

The latest articles flagged by Diabetes appear to be part of an intricate publishing web, as the journal suggests all papers have used features of previous papers, and also include elements that have been republished by subsequent articles.

Here’s the first retraction notice, for “A Central Role for Neuronal AMP-Activated Protein Kinase (AMPK) and Mammalian Target of Rapamycin (mTOR) in High-Protein Diet–Induced Weight Loss:”

Continue reading Researcher sued to stop retractions; he just earned two more and is now up to 11

If you use this research tool without permission, you’ll hear about it

Sometimes, a seemingly run-of-the-mill retraction notice turns out to be much less straightforward.

Such was the case with a recent retraction of a 2016 paper in a journal published by the U.S. Centers for Disease Control and Prevention, apparently over permission to use an evaluation scale designed to test whether patients take their medications as prescribed. But when we looked into this story, we learned this retraction was only the tip of the iceberg – a representative of the evaluation scale (titled “Chief Investigator”) told us he has contacted hundreds of so-called “infringers” over the last year who used the scale without permission. The authors must then apply retroactively and show they’ve used it correctly, and may even have to pay fees. Or, in the case of the retraction we saw (and at least one other in 2016), pull the paper.

According to the chief investigator, Steve Trubow, who oversees licensing and use of the scale worldwide, for some uses, there is no fee – but depending on what the researchers are using the Morisky Medication Adherence Scale (MMAS-8) for, it can cost up to $100,000. Once they’ve used it without permission, there are fees for that, too, Trubow told us:

Continue reading If you use this research tool without permission, you’ll hear about it

A Harvard whistleblower was subjected to a forced mental exam. Here’s why.

Last March, a PhD student at Harvard filed a misconduct allegation against his mentor, a prominent stem cell researcher. Three months later, he was taken from his home by police in the middle of the night for a forced psychiatric evaluation.

How did this happen? Continue reading A Harvard whistleblower was subjected to a forced mental exam. Here’s why.

Major publisher threatened to sue author who didn’t realize he owed open access fees

Around two years ago, when mathematics researcher Jean Ecalle submitted a paper to Acta Mathematica Vietnamica, he saw that he had the option of making the paper open access. So he checked a box on the submission form — which included a mention of the fees that he apparently missed — and didn’t think anything of it.

The paper “Eupolars and their Bialternality Grid” appeared online in October, 2015. 

So Ecalle was quite surprised when, sometime later, he received an email from a representative of the publisher saying he owed 2,640 Euros. He responded in January 2016, guessing what the fees might stem from:

Continue reading Major publisher threatened to sue author who didn’t realize he owed open access fees

U.S. gov’t physicist sentenced to 18 months in prison for fraud

A physicist formerly based at the Lawrence Livermore National Laboratory (LLNL) in California has been sentenced to 18 months in prison for faking data. 

According to the United States Attorney’s Office in the Northern District of California, after receiving millions in government funding between 2008 and 2012, Sean Darin Kinion submitted faked data and reports to make it seem like he’d performed quantum computing work. Kinion pled guilty in June, 2016 to “a scheme to defraud the government out of money intended to fund research.” He has also been ordered to pay back $3,317,893 to the government.

As readers may know, scientists who commit misconduct are rarely sentenced to prison, although there are some exceptions — most notably, Dong-Pyou Han, who last year was sentenced to nearly five years in prison (and pay back $7 million) after spiking rabbit blood samples to make a HIV vaccine look more effective.

Lynda Seaver, director of public affairs at the LLNL, told us Kinion was dismissed in February 2013, following an investigation that found “some discrepancies in his work.”

According to the U.S. Attorney’s Office: Continue reading U.S. gov’t physicist sentenced to 18 months in prison for fraud

Judge tosses case, saying that court-ordered retractions are not part of scientific publication

“Retractions are part and parcel of academic and scientific publication. Court ordered retractions are not.”

So ends a judge’s September 30, 2016 opinion dismissing a case brought in 2014 by Andrew Mallon, a former Brown University postdoc, alleging that his advisor and former business partner, John Marshall, had published a paper in 2013 in PLOS Biology that should have listed him as a co-author.

As with most court cases, this one had a long backstory: An earlier version of the paper had listed Mallon as a co-author, but was rejected by Neuron in 2011; after the authors had a dispute over the data, a different version of the manuscript was submitted to PLOS Biology in 2012, leaving Mallon off the co-author list. So Mallon had sued to have the paper retracted.

In communications with Retraction Watch and other media, as well as during depositions of the plaintiffs, Mallon referred frequently to allegations of scientific misconduct, including the fact that the first author of the PLOS Biology paper had an unrelated paper retracted in 2010 for duplicated data. However, this case was brought under the Copyright Act, which focused on the authorship dispute.

Kevin Tottis, who represented Marshall and co-defendant Dennis Goebel, told Retraction Watch his clients “are delighted with the judge’s decision.” Massachusetts District Court Judge Timothy Hillman, he said, Continue reading Judge tosses case, saying that court-ordered retractions are not part of scientific publication

PubPeer wins appeal of court ruling to unmask commenters

Fazlul Sarkar

PubPeer is having a good day.

In a new ruling, a trio of judges on the Michigan Court of Appeals reversed a 2015 decision mandating the site reveal the identity of anonymous commenters after a scientist sued them, claiming they cost him a job offer.

The judges stated that Fazlul Sarkar, the scientist suing the commenters, can continue pursuing a defamation case, but: Continue reading PubPeer wins appeal of court ruling to unmask commenters