Clare Francis, Data Fabrication, Data Falsification, Defamation, Defamation lawsuit, Due process, Expression of concern, Federal law, First Amendment to US Constitution, Misconduct, Paul S. Thaler, Reputation Damage, Research Integrity, Research misconduct, Retraction Watch, Scientific Integrity, Scientific Misconduct, Scientific publication, Social Media

Scientific Journals: Are Expressions of Concern Illegal?

PAUL S. THALER is Managing Partner at Cohen Seglias Pallas Greenhall & Furman PC, a law firm with offices in Washington, D.C. One of his main areas of practice is scientific misconduct. He has successfully defended clients accused of research misconduct, becoming a towering figure in this aspect of civil litigation. In addition, his firm provides a peerless level of sophistication in Title IX matters. Paul S. Thaler has been admitted to the Bar in Washington, DC and Maryland.

In regards to scientists enduring misconduct accusations, Paul S. Thaler made the following enlightening remark:

The first thing to remember is that the federal regulations, as well as the internal policies of most institutions, protect the confidentiality of respondents in research misconduct matters.  Thus, as a matter of federal law, institutions are prohibited from disclosing the identity of an accused scientist, except on a “need to know” basis, for example, to a member of the investigation committee, unless and until a finding of research misconduct is made.  These proceedings are not public as court is in criminal and civil disputes.  It is more comparable to proceedings against other professionals, such as lawyers, who are governed by their licensing organization.  Privacy in these matters is critically important as there is no public need to, or right to know, about professionals simply accused of wrongdoing.  What the public has a right to know about is a professional who has been found responsible for wrongdoing.  At that point, the public is alerted.  But because a professional’s reputation is so important to his or her career, the specter of an accusation can permanently stain that reputation and frequently the accusation is not well founded.  So the confidentiality of the process allows a full examination before the public is made aware.  We certainly do want to know about those scientists who have actually done something wrong that impacts science, but we do not, and should not, be concerned with those who are good scientists but caught up in a sometimes very political, internal dispute.

The bolded section is particularly enlightening because it implies that Expressions of Concern, very much en vogue with journals these days, are in all likelihood illegal, and so is the dissemination of such expressions by blogs such as Retraction Watch or other media. Of course the public does not have the right to now about mere accusations of wrongdoing or suspicions of invalid data, which often prove to be wrong. For example, pseudonymous Clare Francis, the venal whistle-blower of Retraction Watch, has scored plenty of false positives but we are not aware that Retraction Watch has been sued in Court yet. By contrast, the public is very much entitled to know about cases of proven invalid data resulting from wrongdoing. This is the spirit of the law and Paul S. Thaler has sensibly conveyed it.

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AAAS, Blog, Corruption, Data Falsification, Due process, Internet crank, Marcia McNutt, Mass hysteria, Open research, Post publication peer review, Research Integrity, Retraction Watch, Science, Science blogs, Science Magazine, Science Transparency, Scientific Crisis, Scientific Reproducibility, Scientific Research, Transparency and Openness

TOP: How Science magazine plans to deal with the intrusion of social media

Not long ago Science Editor Marcia McNutt published an appalling editorial entitled “Due process in the twitter age“, where she claimed that social media created an anxiety and added a sense of urgency to the post-publication peer review (PPPR) of reported scientific research. In a post at Science Transparency, we swiftly retorted that if the scientific establishment kept paying attention to blogs like Retraction Watch to conduct their business, they will only have themselves to blame for the current crisis. In our post we felt compelled to quote a Londoner from the Daily Mail (UK) who described the intrusion of social media in the most eloquent terms:

Social Media has turned us all into the baying masses of the medieval witch hunts, with no mediators of our hysterical views, and with the loudest, most ignorant and angry up at the front with their burning tweeting torches.

It would seem that Science magazine has decided to review their own position regarding how they intend to deal with the piracy of PPPR by social media. Marcia McNutt now claims that Science magazine will spearhead the implementation of TOP (Transparency and Openness Promotion), a set of new standards of transparency and reproducibility for the publication of scientific research. This initiative is inspired by the policy forum piece “Promoting an Open Research Culture” published in Science nearly an year ago. In fact, at Science Transparency we argued in support of this policy.

A Friday Evening Discourse at the Royal Institution; Sir James Dewar on Liquid Hydrogen, 1904 (oil on canvas) by Brooks, Henry Jamyn (1865-1925); The Royal Institution, London, UK.

A Friday Evening Discourse at the Royal Institution; Sir James Dewar on Liquid Hydrogen, 1904 (oil on canvas) by Brooks, Henry Jamyn (1865-1925); The Royal Institution, London, UK.

Transparency, availability of raw data, and full disclosure of all tools required by a person skilled in the art to reproduce the work is surely all that is needed to ensure the validity of reported research. This is true today as it was three centuries ago, when scientists were asked to perform their experiments in front of an audience at the Royal Institution. At Science Transparency we welcome the implementation of these TOP protocols as the best route to do away with corruption in science and to end the current hysteria promoted by social media in regards to the reproducibility crisis, real or perceived.

 

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Artificial windpipes, Bengt Gerdin, Clare Francis, Data Fabrication, Data Falsification, Due process, Fake Peer Review, First Amendment to US Constitution, Ivan Oransky, Karolinska Institut, Misconduct, Nature, Paolo Macchiarini, Post publication peer review, PubPeer, Retraction Watch, Science Journal, Scientific Misconduct, Scientific Research, Transplant surgery

Science properly correcting itself: The handling of alleged misconduct in claims by Paolo Macchiarini

According to a recent investigation, surgeon Paolo Macchiarini from the Karolinska Institute in Stockholm has allegedly committed scientific misconduct in his reporting of results from patient transplants of synthetic tracheas seeded with stem cells. The misconduct investigation 39-page report drafted by Bengt Gerdin, a professor at Uppsala University, reveals that in six published papers, author Paolo Macchiarini had deliberately and knowingly misrepresented or falsified medical data from recipients of the artificial tracheas. The papers allegedly boosted the results of the transplant operations making them appear far more more successful than they really were. The investigation also found that two of the papers described procedures that did not get ethical approval (Lancet 378, 1997–2004 (2011) and Biomaterials 34, 4057–4067; 2013), and that a seventh paper by Macchiarini (Nature Commun. 5, 3562; 2014) also contained fraudulent results.

The investigation launched by the Karolinska Institute began after four physicians at the institution, who were involved in the care of  Macchiarini’s transplant patients, filed formal complaints. The physicians identified themselves as Karl-Henrik Grinnemo, Matthias Corbascio, Thomas Fux and Oscar Simonson and provided medical records that are at odds with the results published by Macchiarini.

Irrespective of the validity of the misconduct findings by Bengt Gerdin, there seems to be at least one fundamental difference between this investigation and the ones prompted by the intrigues and attacks launched by PubPeer-Retraction Watch-Clare Francis contributors. In the Macchiarini case the accusers revealed their identities and proved that they were peers of the person they were accusing. In other words, they behaved as honest people would do and followed the standard course of action that science has developed to handle allegations of scientific misconduct. In addition, the procedure followed by the Karolinska Institute is the one that science has always accepted and has been in place for centuries, since the inception of scientific reporting.

By contrast, the feeders of the PubPeer-Retraction Watch-Clare Francis ring live in a world where you just sit on the outside of science and, while hiding in anonymity, take shots at those doing the actual work. Who the heck are these people at Retraction Watch and PubPeer anyway? Whose peers are they? These abominable practices must come to an end, but that will only happen when people realize that there is a fundamental difference between the way the Swedish Karolinska Institut reacted upon the allegations of four Macchiarini peers and the way amateurish editors handle the accusations by Clare Francis.

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Adam Marcus, Character Assassination, Civil Death, Data Fabrication, Data Falsification, Diederik Stapel, Due process, Fraud, Hatred, Ivan Oransky, Peer Review, Research Integrity, Retraction, Retraction Watch, Science, Scientific Misconduct

Retraction Watch: Any dignity left?

A few days back Adam Marcus, the main blogger at Retraction Watch together with Ivan Oransky, published a post informing their readers that Dr. Diederik Stapel, the Dutch professor who allegedly admitted to fraudulent activity, has landed on a job in the Netherlands. As expected, the angry commentators poured their vitriol in outrage as they kept vilifying Dr. Stapel. Prominent and always loud was “JATdS”, the most prolific and one of Retraction Watch’s angriest commentators, who hides in anonymity to shoot more comfortably while waving his hand from the upper moral ground. Retraction Watch master blogger Ivan Oransky swiftly came to JATdS’s rescue informing the readers that Retraction Watch is very interested in the downstream consequences of fraud. This is probably true: as I recall, Retraction Watch avidly covered all the recent fraud-related suicides.

By now, Retraction Watch made us too familiar with this kind of grisly onslaught, often identified in some Eurasian nations as “the way of the hyena”.

Guess what, Adam Marcus? The fate of Dr. Stapel is none of business! For all we know, Dr. Stapel may have allegedly erred in his ways and may have allegedly paid the hefty prize that society imposed on him. What he does with his life at this point is none of your business and none of your angry reader’s business for that matter. Neither you nor the haters at Retraction Watch have any right to keep on vilifying him. And when I say right, I mean moral right, not the sort of travesty of Constitutional right that you and Oransky so keenly like to invoke.

As I write this post I realize the futility of the effort: the concept of dignity is simply too alien to Retraction Watch and much of its readership.

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Adam Marcus, Character Assassination, Data Fabrication, Data Falsification, Due process, Fraud, Hatred, Ivan Oransky, McCarthyism, Office of Research Integrity, Peer Review, Research Integrity, Retraction, Retraction Watch, Science, Scientific Misconduct, Scientific publication, Transparency

Retraction Watch, PubPeer and other Haters and their Quest for Transparency

Scientific papers have been challenged since the early days of the Acta Eruditorum and the Philosophical Transactions of the Royal Society. For hundreds of years, the rules of fair play and transparency dictate that the challenger must seek publication of his/her adverse comments which must be granted pursuant to a favorable peer review conducted by the same journal where the challenged paper had appeared, while the challenged author is given the chance to rebut in the same forum and under the same rules of publication. With the controversy then fully in the open, the readership gets the chance to adjudicate and the editor may act upon the matter, sometimes even enforcing retraction.

Web access surely facilitates this exchange. Unfortunately, it also enables a grotesque distortion in the form of “post publication peer review”, a trigger-happy operation that exploits self-published blogs where angry people are granted willy-nilly the chance to pour hatred-related content into the web without consequences for them (so far). Thus, they cowardly indulge in character assassination as they invoke travesties of justice and Constitutional rights, always under the pretext of seeking scientific transparency. Since one man’s sorrow is another man’s joy, the hatred content of PubPeer and Retraction Watch sells like hot cakes, poisoning the waters of scientific endeavor at a fast pace.

If the PubPeer or Retraction Watch contributors were truly passionate about transparency they would strive to publish their comments in the professional journals where the challenged papers appeared, while alerting the challenged author so he/she gets a chance to rebut in the same forum. Sadly, the haters often cannot even afford to reveal their real names for fear of making a fool of themselves, let along subjecting their hatred-driven pieces to scientific peer review!

Rather than writing hundreds of erratic pages filled with anger and confusion, exploiting the blogs to desperately find their role in society, the PubPeer and Retraction Watch haters should strive to understand the scientific issues they so vehemently attack and, once they feel they have something to contribute, follow the channels of scientific discourse that have been in place for hundreds of years. Of course, that is much much more arduous than commenting on the hate blogs.

Last but not least, universities and research institutes are not without blame in brewing this scientific McCarthyism. Their fear of losing federal funding unless they show enough zeal in prosecuting wrongdoers has often led to witch hunts where due process is not followed. The scientist is often subject to a veritable auto-da-fe with no Constitutional guarantees and is finally coerced by the federal funding agency (NIH, and to a lesser extent NSF) to enter into a nolo contendere agreement that marks the end of the scientific career and sometimes the civil death of the person. Contrary to the uninformed remarks of the Retraction Watch haters, the McCarthyian prosecution of David Baltimore and Thereza Imanishi-Kari (that ended in dismissal of all charges) exposed this draconian process and its ruthless disregard of the rule of law.

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