Category: Legal Threats

Ontario court quashes part of misconduct finding for prominent pair

Sylvia Asa
Sylvia Asa
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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Lawsuit against Ole Miss for rescinded Sarkar job offer dismissed; briefs filed in PubPeer case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a judge dismissed a lawsuit filed by cancer researcher Fazlul Sarkar against the University of Mississippi after it rescinded a job offer after reviewing concerns raised about his research on PubPeer.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

Boldt’s retraction count upped to 94, co-author takes legal action to prevent 95th

Screen Shot 2015-09-16 at 12.12.13 AM

We’ve found two recent retractions and an expression of concern for Joachim Boldt, former prominent anesthesiologist and currently Retraction Watch leaderboard’s 2nd place titleholder. He now has 94 retractions.

One of the retracted articles contains falsified data, along with a researcher who didn’t agree to be a co-author, according to an investigation by the Justus Liebig University Giessen, where Boldt used to work. The expression of concern is regarding some questionable data. The other new retraction is actually one of 88 papers that a group of editors agreed to retract back in 2011, after they were “unable to verify” approval by the Institutional Review Board (IRB) for the studies.

One of those 88 papers, we’ve discovered, has still has not been retracted. According to an editor at the journal, they haven’t removed it because one of Boldt’s co-authors has threatened them with legal action. Continue reading Boldt’s retraction count upped to 94, co-author takes legal action to prevent 95th

Weekend reads: Peer review abuse, a journal that will print anything for $1,200, PubPeer faces legal threats

booksAnother busy week at Retraction Watch. Here’s what was happening elsewhere: Continue reading Weekend reads: Peer review abuse, a journal that will print anything for $1,200, PubPeer faces legal threats

Weekend reads: Peer review unreliable? Merck retracts legal threats over criticism

booksAnother busy week at Retraction Watch, with a lot of media attention to a story about 60 retractions at a single journal for peer review fraud, and our op-ed in yesterday’s New York Times. Here’s what was happening elsewhere: Continue reading Weekend reads: Peer review unreliable? Merck retracts legal threats over criticism

Author who threatened to sue Retraction Watch has another paper withdrawn

cureusBenjamin Jacob Hayempour, the researcher who threatened to sue us for asking questions about a retraction for plagiarism, has had another paper withdrawn.

The paper, published online in the journal Cureus, was titled “Novel Determinants of Tumour Radiosensitivity Post-Large-Scale Compound Library Screening” and had been available at http://www.cureus.com/articles/2394-novel-determinants-of-tumour-radiosensitivity-post-large-scale-compound-library-screening since January 13, but that URL now redirects to Cureus’s homepage.

We asked Cureus editor-in-chief John Adler for details, and he responded: Continue reading Author who threatened to sue Retraction Watch has another paper withdrawn