Lawyering-up Medicine Open Letter

Open Letter in support of my investigation of trachea transplants in Germany, by Rafael Cantera

Below a support letter by Rafael Cantera, professor of zoology at the University of Stockholm in Sweden, addressed to the leadership of the University Clinic Würzburg. This is because two professors of this German university, Thorsten Walles and Heike Mertsching (now Walles) chose to respond to my inquiries about their earlier trachea transplants made from pig intestine (see my detailed report here) with lawyers’ financial blackmail and right after, with court actions, which had me sentenced guilty with a  threat of a prison term of 6 months, without my prior knowledge (see case description here). Such are the peculiarities of German law: internet bloggers are basically  legally defined here by default as criminals, and professors as infallible and divine beings (in fact, even Walleses’ former boss and collaborator Paolo Macchiarini is still a protected adjunct professor at their former common place of work, the Medical University Hannover). I received lots of support from my readers, and was also invited to give an interview with the French magazine Mediapart (German version here). Now, I am deeply grateful to Prof. Cantera for his support, and hope other international and maybe even German academics join in and sign below. 

rcantera_about
Rafael Cantera, author of Open Letter below (source: Stockholm University)

A conspiracy of German institutions against freedom of information

The Walleses even admitted to their judge in Würzburg that they did receive my questions in advance, but chose not to reply to them. They instead even revealed to the court their immediate intentions to find out my private address and had me slapped with a costly court injunction and a threat of a prison term, from the very beginning. The judge however apparently saw my act of asking inconvenient questions alone as an act of blasphemy against German professors.  The only  evidence against me which this Würzburg regional court judge actually bothered to scrutinise was the Walleses’ academic employment situation and their current applications to new professorships. That “evidence” fully sufficed to declare me guilty of slanderous libel against two German professors, what I actually wrote about their trachea transplants on my site was utterly irrelevant in this context. It was enough that the Walleses did not like it.

While they and their pricey lawyer prepared this legal attack on basic freedoms of speech and press, their employers, the University of Würzburg and the Fraunhofer Institute for Interfacial Engineering and Biotechnology in Stuttgart, repeatedly refused to answer any of my questions regarding those 3 tracheal transplants, even when requested to do so under legally binding freedom of information law. Most recently, I asked the Fraunhofer institute to explain if any animal testing at all was performed before their researcher Heike Walles delivered in 2007 and 2009 pig-intestine-derived tracheal grafts which her husband then implanted into two patients. The internet biomedical portal PubMed suggests that to the very least, no animal experiments at all were published by the Walleses in this regard, before or after the method was initially first tested on a human patient together with Macchiarini in Hannover in 2004.

Update 23.01.2017: The Fraunhofer Institute admitted that no animal testing was deemed necessary prior to two patient transplants. Details here.

Instead answering my questions, the University Clinic of Würzburg allowed their two professors to use these affiliations to suggest that they were actually acting in court against me as representatives of the entire University Clinic. It went as far that both the University and the University Clinic Würzburg refused to even acknowledge receiving my administrative complaints about their two professors, never mind processing those. My freedom of information inquiries to the German Ministry of Education and Research and the medicinal product watchdog Paul-Ehrlich-Institut about the Walles’ ministry-funded clinical trial and about the approvals for their previous trachea transplants, are as yet unanswered, even after the legally binding time period of one month to deliver a reply has long expired. It is none of nosy public’s business if human experiments in German research institutions (with none of the affected patients being currently alive) were ever properly approved  or, if indeed these experiments actually still take place or are being prepared. The status of the aforementioned federally-funded multi-patient clinical trial with pig intestine-made trachea is confidential and not for us to know. If you want to speak of academic conspiracy in Germany, here is a big and a highly unsavoury one.

In fact, the Walles’ lawyer just sent me another threatening letter, demanding of me to accept the court injunction, pay his clients an unspecified compensation damage and him around €1800 lawyer’s fee.

csm_thorsten_und_heike_walles_a2f15ad681
Don’t you dare ask questions about their trachea transplants, or you’ll go to prison. These are two German professors and the law is on their side. Thorsten and Heike Walles, image source: University of Würzburg.

Open Letter in support of Schneider’s investigation of trachea transplants in Germany, by Rafael Cantera

Prof. Dr. med. Georg Ertl, Medical Director University Clinic Würzburg, Germany.

Prof. Dr. med. Matthias Frosch, Dean of Medical Faculty, University of Würzburg, Würzburg, Germany.

c/c Leonid Schneider

January 15, 2017

Dear colleagues,

For months I’ve been reading in the Swedish press as well as on Leonid Schneider’s blog For Better Science many notes about the scandalous trachea transplantations on human patients in which Dr. Paolo Macchiarini has been involved and for which he’s been, and is still investigated in Sweden. This was an extraordinary scandal for the Karolinska Institute and the Karolinska University Hospital; it has already resulted in several resignations and investigations, including a police investigation of Macchiarini himself. Fortunately, the Swedish authorities and academy adopted an open, self-critical and transparent reaction and in due process questions from journalists were answered, documents were made public, investigations were initiated and conclusions were reported to the public. For his fantastic journalistic investigation of this story  “of fraudulent research” that “revealed life-threatening ambition in the academic world” the Swedish journalist Bo Lindquist was awarded the Swedish Grand Prize for Journalism in 2016.

In spite of that, according to the Swedish press and academic colleagues of mine in Sweden and other countries this scandal might have negative, perhaps long-lasting consequences on the public trust and confidence in science and medicine and so, in my opinion, it deserves to be investigated to the last link and detail. If the public trust is to be restored, every trachea transplantation in which Macchiarini and his collaborators were directly or indirectly involved should be investigated and the results must be clearly and openly reported to the public. In doing so, which as a scientist I think is necessary and important, Leonid Schneider started to investigate the activities of the German professors Heike and Thorsten Walles, who were also involved in trachea transplantations and had professional links to Macchiarini and his activities (primarily: Macchiarini et al 2004 and Walles et al, 2004).

Now, after reading about the court trial in Bavaria against Leonid Schneider, I have the unpleasant feeling that it is perhaps the intent to punish him for his investigations and to avoid further investigations of possible misconduct in German universities regarding Macchiarini-related trachea transplantations. This feeling will be supported if it was correct, I as was told, that both research institutions involved, namely the Fraunhofer Society and the University of Würzburg refused to answer questions regarding the two experimental trachea transplants on human patients they performed and later on published (Mertsching et al 2009  and Steinke et al, 2015 ). Moreover, it appears that Professors Walles acted apparently with full approval of their academic employer by using their academic affiliations with the University Clinic Würzburg. The outcome was a court injunction passed in absentia against Leonid Schneider forbidding him to state facts which Professors Walles themselves had been repeating often and widely just some years ago in interviews, press releases, books and research publications.

Leonid Schneider can count with my support and I hope you will also help him in his important investigation, answering his questions and providing as much information as you can disclose.

Yours sincerely,

Rafael Cantera, PhD

Professor

Zoology Institute, Stockholm University

Stockholm, Sweden


Dear readers, If you wish to express your support as well, please comment with your full name and institutional affiliation below.

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Update 4.02.2017. The signatories of this letter have been subjected to an “alternative facts” campaign by Walles’ employee Jan Hansmann. Details here.

228 comments on “Open Letter in support of my investigation of trachea transplants in Germany, by Rafael Cantera

  1. Andre Gomes's avatar
    Andre Gomes

    I stand with Professor Cantera in support of Leonid Schneider.

    Dr. Andre Severo Pereira Gomes
    CNRS researcher
    Lille, France

    Liked by 1 person

  2. Brian Hendrich's avatar
    Brian Hendrich

    It is extremely important that people be able to critically evaluate published data. I support the freedom of all scientists to participate in reasonable and rational post-publication peer review. The activity of the German courts described in this account is bizarre and certainly not in the public interest.

    I support Professor Cantera’s letter.

    Brian Hendrich
    University of Cambridge

    Liked by 1 person

  3. Julia von Blume's avatar
    Julia von Blume

    I fully support the letter of Prof Cantera. All the best for Leonid Schneider!
    Dr Julia von Blume,
    Independent Group Leader,
    Max Planck Institute of Biochemistry,
    Am Klopferspitz 18,
    82152 Martinsried, Germany

    Liked by 1 person

  4. Rüdiger Simon's avatar
    Rüdiger Simon

    I support the freedom of the press and see a strong need to fully clarify this case.
    Prof. Dr. Rüdiger Simon
    Entwicklungsgenetik
    Heinrich-Heine-Universität Düsseldorf
    Universitätsstraße 1
    40225 Düsseldorf, Germany

    Like

  5. Jordan Anaya's avatar

    I stand with Professor Cantera in support of Leonid Schneider.

    Jordan Anaya
    Omnes Res
    Creator of PrePubMed, OncoLnc, OncoRank, GRIMMER

    Liked by 1 person

  6. David R. Bachinsky, Ph.D.'s avatar

    I support Leonid Schneider and open source of science materials used in publications.”support of freedom of speech and biomedical ethics”

    Liked by 1 person

  7. paulhoskisson's avatar

    I fully support Dr Schneider in his quest for freedom of speech, open truthful reporting of research findings and in ethical practice in science.
    Dr Paul A Hoskisson, Reader in Molecular Microbiology, Strathclyde Institute of Pharmacy and Biomedical Science, University of Strathclyde, UK.

    Like

  8. Allon Weiner's avatar
    Allon Weiner

    In support of the content of the above letter,
    Allon Weiner
    Université Nice Sophia Antipolis
    Nice, France

    Liked by 1 person

  9. Remco Stam's avatar
    Remco Stam

    I am no expert on German law, but to my understanding Dr. Schneider has, as he has done in other cases of scientific misconduct, reported the facts as he found them. The court order presented here seems disproportionate. I support the letter above.

    Dr. Remco Stam

    Research Group Leader
    Chair of Phytopathology
    Technical University Munich

    Like

  10. C_Heil's avatar

    I stand behind Leonid Schneiders efforts to investigate and expose these frauds.

    It is laughable that he finds himself on the recieving end of corrupt justice for his service.

    Constantin Heil
    Fondazione Santa Lucia
    Rome

    Liked by 1 person

  11. K.Schumacher's avatar
    K.Schumacher

    I support Professor Cantera’s open letter

    Prof. Dr. Karin Schumacher
    Universität Heidelberg

    Liked by 1 person

  12. Wilf Gardner's avatar
    Wilf Gardner

    I’d like to add my support to the sentiments of the open letter, to Leonid Schneider and his work towards greater transparency in scientific research.

    Wilf Gardner
    PhD Candidate
    Albert-Ludwigs-Universität Freiburg/Université de Strasbourg

    Liked by 1 person

  13. Peter Shimon's avatar
    Peter Shimon

    Transparency will benefit all concerned. Much more clarity and information are need here.
    I support Leonid Schneider’s further investigation into this matter.

    Peter Shimon
    Consultant
    Toronto, Canada

    Liked by 1 person

  14. Sönke Bartling's avatar

    I know Leonid from three personal meetings in the context of ‘good science’. I support his fight of a better sience.

    PD Dr. Sönke Bartling
    German Cancer Research Center (DKFZ), Heidelberg
    https://www.researchgate.net/profile/Soenke_Bartling

    Like

  15. Anders Hildén's avatar
    Anders Hildén

    Freedom of the press should be protected.

    Anders Hildén
    Anaesthesiologist
    Umeå, Sweden

    Liked by 1 person

  16. Bastien's avatar

    I strongly support the open letter of professor Cantera and I want to emphaze that the contribution of Leonid Schneider to the the scientific community is unvaluable.
    SIGNED: Dr. Olivier Bastien,
    Institut National de la Recherche Agronomique
    Laboratoire de Physiologie Cellulaire Végétale, France

    Liked by 1 person

  17. cienciamundana's avatar

    I stand with Cantera’s letter and support Schneider work against fraudulent research that is undermining public trust on Science and it is a form of public corruption.
    Alfredo Caro-Maldonado
    Marie Curie Fellow at CICbioGUNE institute.
    Spain

    Liked by 1 person

  18. moigaren's avatar

    I support Professor Cantera’s open letter and Leonid Schneider’s fight against fraud in Science.

    Moisés García-Arencibia
    Researcher at University of Las Palmas de Gran Canaria (SPAIN)

    Liked by 1 person

  19. Assoc. Prof. Dr. Jürgen Kleine-Vehn's avatar
    Assoc. Prof. Dr. Jürgen Kleine-Vehn

    I substantially disagree with the open letter. I do not believe that the court trial in Bavaria was plotted against Leonid Schneider, intending to punish him for his investigations. However, I am surprised that legal means are taken against Leonid Schneider for apparently pointing out previous reports by Bernhard Albrecht.
    Assoc. Prof. Dr. Jürgen Kleine-Vehn
    Institute of Applied Genetics and Cell Biology (IAGZ)
    Muthgasse 18
    1190 Wien

    Liked by 1 person

  20. Santi RELLO VARONA's avatar
    Santi RELLO VARONA

    Journalism and well founded criticism are a social need that must be protected, not attacked in court.
    All my solidarity with Leonid Schneider, for a better science.

    Santi RELLO VARONA, PhD in Cell Biology
    IDIBELL
    Spain

    Liked by 1 person

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