Category: Legal Threats

Court dismisses lawsuit by XMRV-chronic fatigue syndrome researcher

mikovitsA California court has dismissed virologist Judy Mikovits’s lawsuit against fourteen people and two Nevada corporations, in part because she failed to submit necessary documents on time.

Mikovits is the author on a now-retracted Science paper suggesting a link between a virus known as XMRV and chronic fatigue syndrome, which has no known cause. She alleged that she was fired from the Whittemore-Peterson Institute for blowing the whistle on her former colleague’s activities, and that the defendants then colluded to imprison and defame her.

The court dismissed her case last Wednesday. According to the court minutes,

Continue reading Court dismisses lawsuit by XMRV-chronic fatigue syndrome researcher

After 10 years, a whistleblower is vindicated. Here’s why he kept going.

Stefan Franzen
Stefan Franzen

Stefan Franzen doesn’t give up. Ten years ago, he began to suspect the data behind his colleagues’ research about using RNA to make palladium nanoparticles, a potentially valuable tool that ended up as a Science paper. Recently, the National Science Foundation (NSF) decided to cut off funding for Bruce Eaton and Dan Feldheim — currently at the University of Colorado at Boulder — and last week, Science retracted the paper. We talked to Franzen, based at North Carolina State University (NCSU), about his decade-long efforts, and how it feels to be finally vindicated.

Retraction Watch: How did you first begin to suspect the findings by Eaton and Feldheim?

Stefan Franzen: Starting in early 2005, I was collaborating with Drs. Eaton and Feldheim at NCSU, thanks to two joint grants from the W.M. Keck Foundation and NSF. During a group meeting in December of 2005, a graduate student showed electron microscopy data that were inconsistent with the assignment of the particles as palladium. Over time, we kept producing more data that called their findings into question; in April 2006, a postdoc showed that the hexagonal particles could be obtained without RNA. By then, I could see that there was a significant discrepancy between what was written in the articles and what was done and observed in the laboratory.

RW: How did you report your concerns?

Continue reading After 10 years, a whistleblower is vindicated. Here’s why he kept going.

Chemist sues University of Texas (again) to keep PhD

Screen Shot 2016-02-08 at 4.34.25 PMA chemist is suing the University of Texas a second time in an effort to keep the PhD she earned in 2008.

In 2014, school officials revoked Suvi Orr‘s degree after finding it was based, in part, on falsified data. Some of the data were also included in a paper in Organic Letters that was retracted in 2011 after some steps in the chemical synthesis the authors described were not reproducible. Orr, currently working at Pfizer, sued UT, and the school reinstated her degree.

Now, the school is trying to remove it again, according to the lawsuit, filed last week. The lawsuit says the school has scheduled a “hearing” on March 4, during which three undergraduate students and two faculty members will deliberate — “none of whom are qualified to evaluate the scientific evidence being used against S.O.,” the suit says.

Orr has requested a temporary injunction to halt the proceedings, and a hearing has been scheduled for next week, according to the Austin-American Statesman.

The suit argues the school does not have the right to strip Orr’s degree from her: Continue reading Chemist sues University of Texas (again) to keep PhD

Lancet retracts 24-year-old paper by “father of nutritional immunology” after reopening inquiry

lancetFollowing questions from outside experts, a retraction of a related paper, a university investigation and a court case, The Lancet has decided to retract a 1992 paper by Ranjit Kumar Chandra, the self-proclaimed “father of nutritional immunology.”

In a lengthy retraction note included in the January 30 issue, the journal explains that:

the balance of probabilities in our judgment is that the reliability of the 1992 Lancet paper by Chandra can no longer be assured.

Chandra is objecting to the retraction.

This retraction was a long time coming, so sit back and relax as we fill in the backstory. Continue reading Lancet retracts 24-year-old paper by “father of nutritional immunology” after reopening inquiry

Ontario court quashes part of misconduct finding for prominent pair

Sylvia Asa
Sylvia Asa
getpic (1)
Shereen Ezzat

An Ontario court has quashed part of a misconduct finding against a prominent husband and wife team by the University Health Network in Toronto.

Last year, we reported that Sylvia Asa had stepped down from her position as Program Medical Director of the Laboratory Medicine Program at the UHN — the largest hospital diagnostic laboratory in Canada — after an investigation uncovered evidence of falsified data in two papers co-authored with her husband, Shereen Ezzat. Both of their research labs were also suspended as a result. The researchers subsequently appealed the decision.

On Friday Sunday, the Toronto Star reported that the court had set aside the finding of falsification, but upheld a finding of misconduct in the form of material non-compliance. It asked UHN to review the sanctions against both researchers, and cover their legal fees of $20,000.

Here’s the conclusion from the decision:

Continue reading Ontario court quashes part of misconduct finding for prominent pair

Lawsuit against Ole Miss for rescinded Sarkar job offer dismissed; briefs filed in PubPeer case

court caseWe recently obtained court documents showing that, in September, a judge dismissed a lawsuit filed by cancer researcher Fazlul Sarkar against the University of Mississippi after it rescinded a job offer after reviewing concerns raised about his research on PubPeer.

Sarkar’s connection to PubPeer will be familiar to many readers — he has also taken the site to court to force them to reveal the identity of the anonymous commenters who have questioned his findings. He has accused the commenters of defamation, arguing they cost him the job offer. Today, the American Civil Liberties Union filed a brief on behalf of PubPeer’s appeal of the court’s most recent ruling, that the site must disclose the identity of an anonymous commenter. At the same time, some heavy hitters in science – Bruce Alberts and Harold Varmus — and technology — Google and Twitter — filed briefs in support of the appeal.

The lawsuit against Ole Miss has brought to light the reasoning behind the school’s decision to rescind their offer to Sarkar — and the key role played by the concerns raised on PubPeer.

In a letter dated June 19, 2014 to Sarkar from Larry Walker, the director of the National Center for Natural Products Research at the University of Mississippi, Walker chides Sarkar for not revealing the extent of the ongoing questions over his research during the interview process:

Continue reading Lawsuit against Ole Miss for rescinded Sarkar job offer dismissed; briefs filed in PubPeer case

Former UCSD prof’s company admits to grant fraud

court caseA company headed by a former astrophysicist at the University of California, San Diego, has agreed to forfeit $180,000 after admitting to defrauding the government.

If SciberQuest, Inc. is unable to pay back the money — the result of fraudulently obtaining government grants and contracts — then its CEO Homayoun Karimabadi will be personally liable, the lawyer for SciberQuest and Karimabadi told Retraction Watch.

We asked if the company was going to be able to repay the $180,000; in response, Robert Rose of firm Sheppard Mullin told us: Continue reading Former UCSD prof’s company admits to grant fraud

After lawsuit, university releases misconduct report about nutrition researcher Chandra

R K Chandra
R K Chandra, self-proclaimed father of nutritional immunology (from www.drrkchandra.com)

Memorial University in Canada has released a five-year-old report of an investigation, confirming a former nutrition professor had committed misconduct in a 2001 paper.

The 53-page report — about Ranjit Kumar Chandra, a prominent and once-lauded researcher — focuses on a Nutrition paper that examined the effectiveness of vitamins patented by Chandra. The report, authored by MUN professor emeritus William Pryse-Phillips, lists 41 problems with the paper, which it concludes:

…was not in full compliance with the scientific, ethical, and/or integrity standards of Memorial University at the time.

The paper was retracted in 2005; the report is dated 2009. We asked Pryse-Phillips why the university took so long to release it. He told us:

Continue reading After lawsuit, university releases misconduct report about nutrition researcher Chandra

After court verdict, BMJ retracts 26-year-old paper

downloadToday, The BMJ retracted a 1989 paper about the role of breastfeeding and formula in infant eczema — 20 years after the data were called into question by a university report.

However, the report was kept secret — due, by some accounts, to alleged threats of a lawsuit. That is, until this year, when author Ranjit Kumar Chandra — who once dubbed himself the “father of nutritional immunology” — lost a $132 million libel case. That case, against the Canadian Broadcasting Company (CBC) for airing a three-part documentary series on allegations of fraud against Chandra, pushed the report by his former employer Memorial University of Newfoundland into the public domain.

At 26 years, the BMJ retraction is a runner up for the longest amount of time a journal has taken to retract a paper. (We know of another retraction that was 27 years in the making, and a scientist who requested the retraction of some passages of a 1955 article in 2007, after the article became fodder for creationists.)

Here’s the first part of the retraction note:

Continue reading After court verdict, BMJ retracts 26-year-old paper

Defamation concerns prompt theology journal to pull paper

HTS Teologiese Studies:Theological StudiesThe editor-in-chief of a theology journal has retracted a paper on South African Christian groups because of “unsubstantiated statements with potential defamation of character.”

The article, published in 2007 in HTS Teologiese Studies/Theological Studies, discusses “demanding Christian religious movements” where the group “isolates itself from the outside world,” and leaders influence their followers to “commit to the high demands of the group under the guise that this is the will and purpose of God,” according to the paper.

The author calls out several groups and leaders by name:

Continue reading Defamation concerns prompt theology journal to pull paper