Category: misconduct investigations

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

The retraction countdown: How quickly do journals pull papers?

After Tina Wenz was found guilty of scientific misconduct, how long did it take for journals to retract the problematic papers?  The answer: Between three and nine months.

In September 2016, the University of Cologne found that Wenz had committed scientific misconduct in six papers and requested they all be retracted. From that point on, the retraction clock was ticking.

We’ve explored how long it takes a journal to act over the years, and we’ve found that the time between identifying a problem to retracting the paper can vary — and sometimes last years.

In Wenz’s case, one of the papers—published in Cell Metabolism in 2009—had already been retracted in 2015. Three of the remaining five were retracted in December 2016—a 2008 paper in Cell Metabolism, a 2009 paper in Proceedings of the National Academy of Sciences (PNAS), and a 2009 paper in the Journal of Applied Physiology.

In January 2017, the journal IUBMB Life pulled a 2014 paper flagged in the investigation. And just over nine months after Wenz was found guilty of misconduct, the last paper—published in 2013 in Mitochondrion—has been retracted.

The most recent notice states that the University of Cologne requested the retractions, after determining that the data had been “inappropriately manipulated.”

Here’s the retraction notice in Mitochondrion:

Continue reading The retraction countdown: How quickly do journals pull papers?

Soon-to-be-ex-rector of top Belgium university blames coverage of misconduct case for ouster

May was quite a month for Rik Torfs, the rector of a prominent university in Belgium. On May 9, Torfs lost his re-election campaign for rector of KU Leuven by a slim margin—out of more than 2100 votes, he lost by a mere 48. And just 20 days later, on May 29, Torfs wrote his final column for the Flemish daily newspaper De Standaard  — whom he believes was at least partly to blame for his election loss.

Specifically, it was the paper’s reporting on the university hospital’s (UZ Leuven) investigation into pediatric oncologist Stefaan Van Gool, which came just months before the election, that Torfs said he believes may have led to his ouster: Continue reading Soon-to-be-ex-rector of top Belgium university blames coverage of misconduct case for ouster

“Searching our souls”: Authors retract paper after researcher admits to fabricating data

Researchers at a prominent Japanese university have retracted a 2016 paper in a chemistry journal after the first author admitted to scientific misconduct.

According to the notice, Kyushu University investigated and verified that the first author had committed scientific misconduct.

We requested a copy of the misconduct report, which revealed that the researcher, Prasenjit Mahato, a postdoctoral fellow at Kyushu University who is no longer affiliated with the university, “admitted to falsifying research” in two papers on which he was first author: a highly cited 2015 paper in Nature Materials, which was retracted in 2016, as well as the 2016 paper in Journal of the American Chemical Society (JACS), retracted earlier this month. The university investigated and confirmed misconduct in both papers.

We covered the Nature Materials retraction last year, but at the time, the paper’s corresponding author, Nobuo Kimizuka, only told us that the “matter has been under investigation by the formal investigation panel of our University.”

According to the five-page misconduct report — which we translated from Japanese using One Hour Translation and is also available in Japanese on the university’s website — in July 2016, a member of the lab (“Faculty Member B”) began to suspect a problem after he reviewed the data with Mahato (“the defendant”): Continue reading “Searching our souls”: Authors retract paper after researcher admits to fabricating data

12 years after researcher found guilty of misconduct, journal retracts paper

In 2005, the U.S. Office of Research Integrity found an obesity researcher had engaged in scientific misconduct.

More specifically, the ORI report revealed that Eric Poehlman, then based at the University of Vermont, had “falsified and fabricated” data in 10 papers. The 2005 report asked that the journals issue retractions or corrections to the papers. By 2006, six of those papers were retracted (1, 2, 3, 4, 5, 6). In 2006, a judge sentenced Poehlman to one year and one day in prison for falsifying research data.

In 2015, we explored how long it takes a journal to retract a paper. We found that four of the 10 papers had still not been retracted — one appeared to be missing from Medline, another had received a correction (as the ORI report requested), and two had not been retracted or corrected (1, 2).

Until now. Continue reading 12 years after researcher found guilty of misconduct, journal retracts paper

German institute sanctions director after finding him guilty of misconduct

The executive board of the Leibniz Association in Germany has reprimanded the director of its institute on aging for “grossly negligent scientific misconduct.”

Besides a written reprimand, the executive board has removed Karl Lenhard Rudolph’s “passive voting rights” in association committees, and excluded the institute under his leadership from receiving funds from a multi-million Euro internal funding competition, both for a period of three years.

The executive board identified problems in eight out of 11 reviewed papers, published between 2001 and 2016; it has asked Rudolph to retract one and issue errata for the others. The papers — some of which have been discussed on PubPeer — appear in journals such as Cell, Nature Cell Biology, and the EMBO Journal, and have been collectively cited 552 times, according to Clarivate Analytics’ Web of Science.

Rudolph is the director of one of the 91 independent research institutions that make up the Leibniz Association. He told us he is putting the position of Director of the Leibniz Institute on Aging – Fritz Lipmann Institute (FLI) in Jena “on hold” while he investigates the allegations:

Continue reading German institute sanctions director after finding him guilty of misconduct

NIH researcher doctored 11 figures in 2016 paper, says ORI

A former Research Training Awardee at the National Institutes of Health “falsified and/or fabricated data” in 11 figures in a 2016 paper, according to the U.S. Office of Research Integrity.

This is the first finding of misconduct issued this year by the ORI.

According to the finding, published in the Federal Register, Brandi M. Baughman — formerly at the National Institute of Environmental and Health Sciences (NIEHS) — tweaked data and text in a PLOS ONE paper about screening for compounds that inhibit an enzyme known as inositol phosphate kinase. According to the notice, however, some of those experiments didn’t proceed as described:

Continue reading NIH researcher doctored 11 figures in 2016 paper, says ORI

Journal flags cancer paper from Karolinska researchers

A journal has issued an expression of concern (EOC) for a 2011 cancer paper, while Karolinska Institutet investigates “concerns” about some of the data.

After the Journal of Cell Science (JCS) received a tip from a reader, it investigated, but was unable to resolve the concerns. So the journal asked KI–where all the authors work–to investigate further, and issued an EOC to alert readers that there may be an issue with the paper.

According to the notice, the questions center on data from Fig. 1A, but the notice does not specify the nature of the concerns. The 2011 paper received a correction in 2016, which cites inadvertent figure duplication.

Earlier this year, the paper’s last author Boris Zhivotovsky and second author Helin Vakifahmetoglu-Norberg retracted a 2008 paper from Oncogene over potential image duplication. That retraction caught our attention because it was prompted by a 2016 correction to the paper, which had raised additional questions about potential duplication; ultimately, the authors retracted both the paper and its correction.

Here’s the expression of concern for the 2011 JCS paper: Continue reading Journal flags cancer paper from Karolinska researchers

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