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. Cesar Monroy's avatar

    I herein declare my sworn support.

    Prof. César Monroy-Fonseca, PsyD, MSc
    Chief Scientific Officer
    SEELE Neuroscience

    Lecturer
    University of Cloister of Sor Juana

    Liked by 1 person

  2. Andrey Alexeyenko's avatar
    Andrey Alexeyenko

    I support Professor Cantera’s letter in support of Leonid Schneider.
    Andrey Alexeyenko
    Ph.D., associate professor

    http://research.scilifelab.se/andrej_alexeyenko/
    NBIS - National Bioinformatics Infrastructure Sweden http://nbis.se
    Science For Life Laboratory http://www.scilifelab.se/
    Department of Microbiology, Tumor and Cell Biology, Karolinska Institute http://www.mtc.ki.se/
    https://www.evinet.org/, http://funcoup2.sbc.su.se/
    e-mail: andrej.alekseenko@scilifelab.se
    phone: +46-(0)8 5248 1513
    address: SciLifeLab, Box 1031, 171 21 Solna, Sweden
    

    Liked by 1 person

  3. Victor's avatar

    I strongly support the open letter of professor Cantera.

    Victor Avsarkisov
    Department of Theory and Modelling
    IAP, Kuehlungsborn
    Germany

    Liked by 1 person

  4. Aleksander Benjak's avatar
    Aleksander Benjak

    I am sorry to see that Leonid is let down by the german academic system (no german scientist reading and supporting this?!?). A sad state for research when not even higher academic (Uni Würzburg and Fraunhofer IGB) or political (BMBF) institutions in Germany are willing to support scientific transparency, morality and openness.
    Keep up the good work, Leonid.

    Aleksander Benjak
    Scientific Officer
    NCCR Molecular Systems Engineering
    University of Basel, Switzerland

    Liked by 1 person

  5. Brandon Stell's avatar
    Brandon Stell

    I support free speech.

    Brandon Stell
    Chargé de recherche, CNRS
    Paris, France

    Liked by 2 people

  6. gaetanburgio's avatar

    I fully support the letter from Professor Cantera.
    Dr Gaetan Burgio
    Group Leader
    The Australian National University
    Australia.

    Liked by 1 person

  7. Philip Moriarty's avatar
    Philip Moriarty

    Please add my name to the list of signatories.

    Philip Moriarty
    School of Physics and Astronomy
    University of Nottingham
    Nottingham NG7 2RD

    Liked by 1 person

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  9. Hannes Mühleisen's avatar

    I strongly support the open letter of professor Cantera. See also my note on the topic (in German): https://medium.com/@hannes/stammzellen-und-journalismus-b2f27e9f46e6#.afsgvqqzs

    Dr. Hannes Mühleisen
    Centrum Wiskunde & Informatica
    Amsterdam, The Netherlands

    Liked by 1 person

  10. Lemaitre's avatar

    I fully support Professor Cantera’s letter and the freedom of Leonid Schneider to do his inquiries. The key point is that the truth finally emerge from these complex affairs. Previous experiences have shown that we cannot trust academic institutions to provide the information, investigative journalists can play an important role.
    Bruno Lemaitre
    Global Health Insitute
    EPFL Lausanne,

    Like

  11. Violaine See's avatar
    Violaine See

    I strongly support Professor Cantera’s letter and the freedom of speech.

    Dr Violaine See
    Senior lecturer in the Department of Biochemistry
    University of Liverpool, UK

    Liked by 1 person

  12. Agnes Wold's avatar
    Agnes Wold

    I strongly support this letter by Rafael Cantera. Leonid Schneider has done a very important work to promote transparency, honesty and fairness in science. Academia is in great need of people who take on these tasks, which are neither paid, nor always rewarded.
    The Macchiarini scandal has severely wounded the trust of the general public in science and it is utterly important that there are scientists who. like Leonid Schneider, stand up for the principles that should guide science. The scientific community should be very grateful for his job.
    Agnes Wold
    Professor, senior consultant
    Clinical Bacteriology
    The Sahlgrenska Academy, University of Gothenburg, Sweden

    Liked by 1 person

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  14. herr doktor bimler's avatar
    herr doktor bimler

    David Bimler
    School of Psychology
    Masssey University, New Zealand

    Liked by 1 person

  15. jimwoodgett's avatar
    jimwoodgett

    Thanks for writing this letter. I am happy to add my full support against the intimidation of Leonid Schneider and the diligent and careful work he is doing on behalf of scientific integrity. Shooting the messenger adds even more legitimacy to the idea that this needs even more investigation.

    Jim Woodgett
    Director, Lunenfeld-Tanenbaum Research Institute, Toronto, Canada

    Liked by 1 person

  16. Stephen Royle's avatar
    Stephen Royle

    I support investigative journalism and this ruling must not be allowed to stand.
    Stephen Royle, PhD
    University of Warwick

    Liked by 1 person

  17. Gunilla Källenius's avatar
    Gunilla Källenius

    I strongly support this letter by Rafael Cantera and the the important work of Leonid Schneider.

    Gunilla Källenius
    MD, PhD, Professor
    Karolinska Institutet
    Stockholm

    Liked by 1 person

  18. Nicolas Robine's avatar
    Nicolas Robine

    I fully support the open letter of professor Cantera and the work of Leonid Schneider.

    Nicolas Robine
    Assistant Director, Computational Biology
    New York Genome Center
    New York, NY. USA

    Liked by 1 person

  19. lucaturin's avatar

    Count me in.

    Luca Turin PhD
    Group Leader, Quantum Neurobiology
    Stavros Niarchos Foundation Researcher
    BSRC Alexander Fleming
    34 Fleming St, 16672 VARI, Greece

    Liked by 2 people

  20. Harry Miras's avatar
    Harry Miras

    In support of Leonid Schneider:

    Harry Miras, PhD
    Lecturer
    University of Glasgow, UK

    Liked by 1 person

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