A former researcher at the University of Utah has filed for a temporary restraining order against the U.S. government agency that last week barred her from receiving federal funds.
Ivana Frech – formerly Ivana De Domenico – “engaged in research misconduct by intentionally, knowingly, or recklessly falsifying and/or fabricating” images in three different papers whose work was funded by grants from the National Institutes of Health, according to the Office of Research Integrity (ORI). ORI barred Frech from receiving federal funding for three years starting on August 21, making no mention of whether she agreed to the sanctions.
But on August 29, Jackson Nichols, an attorney representing Frech, filed for a temporary restraining order against the Department of Health and Human Services. The complaint in the case is under seal, and the summons refer only to a “suit to enjoin further action by U.S. government agency” under the Administrative Procedure Act.
Neither Nichols nor Frech immediately responded to Retraction Watch’s request for comment about the goals of the lawsuit, but the filing is consistent with others aimed at blocking such debarments.
The case dates back to at least 2012, when Frech and colleagues retracted two papers from Cell Metabolism. As we reported at the time, Jerry Kaplan, the senior author of those papers, said “the data were lost when an employee, who was dismissed, discarded lab notebooks without permission.” That employee – who was not a co-author of the paper – was a technician, Kaplan said. “This occurred prior to the identification of errors in the manuscripts and was reported at that time to the University authorities.”
Continue reading Researcher sues U.S. government following debarment, misconduct finding