Can universities claim immunity in misconduct lawsuits? What a recent ruling suggests

Callan Stein
Callan Stein

Last week, George Washington University (GWU), a private institution in Washington DC, settled a case with scientist Rakesh Kumar, who had claimed breach of contract and emotional distress following a misconduct investigation against him. But earlier this year, a judge dismissed another one of the scientist’s claims, after GWU argued it had the same “official immunity” the government enjoyed, since it also conducts research misconduct investigations. Does the ruling set a precedent? We spoke to Callan Stein, a lawyer who represents U.S. researchers in misconduct cases, who has discussed the implications on his law firm’s site.

Retraction Watch: Can you explain more about this “official immunity” the government has regarding research misconduct, and why the judge thought this applied to GWU, as well? Continue reading Can universities claim immunity in misconduct lawsuits? What a recent ruling suggests

A researcher sued critics of his work. Now he has 13 retractions.

Fazlul Sarkar
Fazlul Sarkar

A cancer researcher who sued PubPeer commenters for criticizing his work has lost six more papers, bringing his total to 13 retractions. 

Four of the new retraction notices issued by the journal Cancer cite an investigation at Wayne State University in Michigan into the work of Fazlul Sarkar and some of his colleagues. All the new notices, including the other two in Breast Cancer Research and Treatment, are for image-related issues.

Retraction Watch readers will recognize the name Fazlul Sarkar, who took PubPeer to court to unmask the anonymous critics whose comments cost him a job at the University of Mississippi. According to this document, Sarkar retired from Wayne State this year.  

Here’s the first of the four Cancer retraction notices, all of which were issued on July 29: Continue reading A researcher sued critics of his work. Now he has 13 retractions.

Happy sixth anniversary, Retraction Watch! Here’s to a new partnership with Science

RW logoAugust 3rd has rolled around again, which means it’s time to celebrate another Retraction Watch anniversary — this time, our sixth.

It’s been an exciting year. Some highlights: Continue reading Happy sixth anniversary, Retraction Watch! Here’s to a new partnership with Science

Researcher whose PhD was revoked is no longer at Harvard lab

mend.2016.30.issue-8.coverA research fellow at Harvard Medical School whose PhD was revoked last month is no longer working in his former lab, Retraction Watch has learned. 

An archived version of the lab site for Alfred Goldberg from December, 2015, lists Sudarsanareddy Lokireddy as a postdoctoral fellow; however, Goldberg’s current lab site doesn’t include Lokireddy as a lab member.

We contacted Goldberg’s lab, and he was unavailable for comment. We were told all of his lab members are on the current website.

Lokireddy has also logged his sixth retraction. But this case isn’t as straightforward as it seems.

Continue reading Researcher whose PhD was revoked is no longer at Harvard lab

Romanian journal bans author following 4 retractions

Romanian Journal of Internal MedicineA medical journal in Romania has issued a lifetime ban for a researcher after retracting four of his papers.

Since April, the Romanian Journal of Internal Medicine (RJIM) retracted nine papers (eight for plagiarism, one for duplication); four of these were co-authored by Manole Cojocaru, a researcher at the Titu Maiorescu University (TMU) in Bucharest, Romania. Subsequently, the journal has banned Cojocaru from submitting manuscripts, and has also informed the ethics committee at his institution.

Here’s the retraction notice, which is the same for six of the papers: Continue reading Romanian journal bans author following 4 retractions

High-profile Science paper on fish and plastics may earn notice of concern

science mag coverScience is considering adding an expression of concern (EOC) to a June paper that caught the media’s attention for showing how human pollution may be harming fish, following allegations of research misconduct.

A group of researchers allege the paper — which suggested fish larvae are eating small particles of plastic rather than their natural prey — contains missing data and used a problematic methodology. After the researchers submitted a formal letter (available here), Uppsala University in Sweden is now conducting an inquiry, the first step in determining whether to launch a formal investigation.

A spokesperson from Science told Retraction Watch that once the journal independently verifies that an investigation is underway, it will issue an EOC for the paper: Continue reading High-profile Science paper on fish and plastics may earn notice of concern

Journal retracts nutrition paper, citing authors’ “unethical behavior”

A journal has retracted a paper for a somewhat unusual reason — and swapped the article with an entirely new paper by different authors.

The journal, Materia Socio-Medica, said it’s retracting a paper about diet in dialysis patients because of some of the authors “un-ethical behaviors” in previous issues of the journal. In its place, the journal has published a paper about tuberculosis, also a curious move.

Here’s the retraction notice for “Effect of Diet Education on Blood Pressure Changes and Interdialytic Weight in Hemodialysis Patients Admitted in Hajar Hospital in Shahrekord:”  Continue reading Journal retracts nutrition paper, citing authors’ “unethical behavior”

Scientist with three retractions settles lawsuit against George Washington University

Rakesh Kumar
Rakesh Kumar

A researcher whose work has been subject to three retractions and two expressions of concern has settled a lawsuit he filed against his university for breach of contract and emotional distress.

Rakesh Kumar had sued George Washington University for $8 million, claiming that his employer had relieved him of department chair duties without following the correct procedure, following a finding of misconduct in his lab. He also claimed that the university had either leaked confidential information about an investigation into his work, or at least failed to keep that information from being posted in a comment here on Retraction Watch.

Last year, the university filed a motion to dismiss the case, but in March, a judge allowed some of it to go forward. On Thursday, the parties settled the case.

We asked Kumar’s attorney, Paul Thaler, to describe the terms of the settlement and say whether Kumar would remain employed at George Washington: Continue reading Scientist with three retractions settles lawsuit against George Washington University

Biotech journal pulls well-cited review that plagiarized from several sources

Applied Microbiology and BiotechnologyA biotechnology journal has retracted a 14-year-old review after an investigation concluded that the authors had plagiarized from numerous sources.  

The last author of the paper — which has been cited 289 times, according to Thomson Reuters Web of Science — told us the authors took a few lines from other reviews, and unintentionally left off the references.

In June 2011, the same author was denied a prestigious fellowship after an anonymous plagiarism allegation was filed against him. 

Here’s the retraction notice in Applied Microbiology and Biotechnology for “The nitrile-degrading enzymes: current status and future prospects:” Continue reading Biotech journal pulls well-cited review that plagiarized from several sources

Weekend reads: What lurks in clinical trial databases; plagiarism by Russian ministers; why journals shy away from fraud allegations

booksThe week at Retraction Watch featured a PhD student expelled for submitting a paper without her co-authors’ permission, and a look at the six types of peer reviewers. Here’s what was happening elsewhere: Continue reading Weekend reads: What lurks in clinical trial databases; plagiarism by Russian ministers; why journals shy away from fraud allegations