Scott Brodie has almost run out of options.
A former professor at the University of Washington, Brodie is currently involved in his third lawsuit challenging a finding of scientific misconduct and a seven-year funding ban handed down in 2010 by the U.S. Department of Health and Human Services’ Office of Research Integrity. He says that in the time since his case was heard by an administrative law judge at the ORI level, new evidence has come to light that shows he “did not have a ‘full and fair opportunity to litigate’ the issues.” His lawsuit sought a court order to have the ORI revisit its decision.
Last year, a U.S. District Court judge dismissed the case, saying it revisited old issues that had already been litigated, but Brodie appealed that decision. Now, his quest may have come to an end: On Nov. 27, the U.S. Court of Appeals for the D.C. Circuit dismissed the appeal. If he wants to continue the case, Brodie’s only remaining option is to appeal the decision to the U.S. Supreme Court.
In the court order, the panel of three judges wrote:
Continue reading US court denies virus researcher’s latest appeal challenging 7-year funding ban