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. James C Coyne's avatar

    I fully support the letter and Leonid Schneider. And of course, freedom of speech.

    James C. Coyne, PhD
    Professor Emeritus of Psychiatry in Psychology
    University of Pennsylvania
    Philadelphia, PA, USA

    Liked by 1 person

  2. Lambert Heller's avatar

    Count me in. I support the letter.

    Lambert Heller, academic librarian, Hannover (Germany)

    Liked by 1 person

  3. Carlos J. Blondel (@cjblondel)'s avatar

    I strongly support this letter by Professor Rafael Cantera in support of Leonid Schneider.

    Carlos J. Blondel
    Academic Researcher,
    Universidad Autónoma de Chile,
    Santiago, Chile

    Liked by 1 person

  4. Jack Wilkinson's avatar
    Jack Wilkinson

    I strongly support the letter in support of Leonid Schneider.

    Jack Wilkinson
    University of Manchester
    Manchester
    United Kingdom

    Liked by 1 person

  5. Anders Lanzen's avatar
    Anders Lanzen

    I strongly support the letter in support of Leonid Schneider.

    Anders Lanzen, PhD
    Zumaia, Spain

    Liked by 1 person

  6. tedmorrow's avatar

    I also support this letter in support of Leonid Schneider

    Edward Morrow
    School of Life Sciences
    University of Sussex
    United Kingdom

    Liked by 1 person

  7. yeamanlab's avatar

    I also support this letter in support of Leonid Schneider

    Sam Yeaman
    Biological Sciences
    University of Calgary
    Canada

    Liked by 1 person

  8. Austin Smith's avatar
    Austin Smith

    I agree with this letter from Rafael Cantera in support of Leonid Schneider and the exposure of research malpractice.
    Austin Smith
    Cambridge Stem Cell Institute
    United Kingdom

    Liked by 1 person

  9. Harry Leitch's avatar
    Harry Leitch

    I would like to add my support to this letter.

    Harry Leitch
    Institute of Clinical Sciences
    Imperial College London
    UK

    Liked by 1 person

  10. paulknoepfler's avatar
    paulknoepfler

    I am adding my support as well.
    Open, even critical, fact-based assessments of biomedical science are vital and threats against transparency must be countered.
    Paul Knoepfler
    UC Davis School of Medicine
    Sacramento, CA USA

    Liked by 1 person

  11. Hector Hernandez's avatar
    Hector Hernandez

    I fully support this letter and the important work of Leonid Schneider for the transparency of science.
    Hector Hernandez-Vargas, MD, PhD
    IARC
    Lyon, France

    Liked by 1 person

  12. Tomo Saric's avatar
    Tomo Saric

    I fully support the investigantional journalism of Leonid Schneider, transparent and evidence-based science, and reject the attempts of all individuals and institutions acting in opposite manner.
    Tomo Saric
    Center for Physiology and Pathophysiology
    University of Cologne, Germany

    Liked by 1 person

  13. mem_somerville's avatar
    mem_somerville

    It is distressing to read about attempt to suppress information in this manner. It is not the first time I’ve seen misbehaving scientists use the courts to stifle academic discourse. We must stand against this in these dangerous times.

    Mary Mangan, PhD
    Somerville, MA USA

    Liked by 1 person

  14. Bodo Brückner's avatar
    Bodo Brückner

    I strongly support this letter by Professor Rafael Cantera in support of Leonid Schneider.

    Bodo Brückner, Dr. rer. nat.
    Heidelberg, Germany

    Liked by 1 person

  15. Christian Praetorius's avatar
    Christian Praetorius

    I also strongly support the the letter of Prof. Cantera in this matter. The action of the involved universities is more than questionable.
    Christian Praetorius, PhD
    Dresden, Germany

    Like

  16. Marc Sze's avatar

    I would like to voice my support for Professor Rafael Cantera in support of Leonid Schneider. Openness and the right to be able to question findings are vital to helping move science forward.

    Marc Sze, PhD
    Ann Arbor, USA

    Liked by 1 person

  17. Prof. M.R. Blatt's avatar

    I support the letter of Prof. Cantera. It is deeply troubling when science becomes mixed with litigation in this manner. A Court injunction to suppress information that is already in the public domain is both self-serving and absurd.

    Prof. M.R. Blatt FRSE FRSB
    Regius Professor of Botany
    Glasgow University

    Liked by 1 person

  18. Victor Tatarskiy's avatar
    Victor Tatarskiy

    I fully support the letter of Prof. Cantera, Leonid’s work, freedom of press and investigative journalism.

    Victor Tatarskiy, PhD.
    Research Scientist
    Russian Cancer Center

    Liked by 1 person

  19. Devang Mehta's avatar

    I wish to express my support for Leonid Schneider’s investigative journalism. I may not always agree with his stridency but his motives in exposing corrupt and illegal scientific practices are entirely praiseworthy.
    I think it is morally reprehensible for academics and academic institutions to sic lawyers and threats on journalists. Both our professions deal with truth and the freedom of speech is the truth’s surest defence.

    Devang Mehta, MRes & DIC

    PhD Fellow,
    ETH Zurich

    Liked by 1 person

  20. Zhanna Alekseenko's avatar
    Zhanna Alekseenko

    I support this letter of Prof. Cantera in support of Leonid Schneider and independent investigative journalism!
    Zhanna Alekseenko, PhD
    Department of Cell and Molecular Biology,
    Karolinska Institutet

    Liked by 1 person

  21. Froguel's avatar

    I strongly support Dr. Cantera’s initiative to denounce the violation of freedom of speech of Dr. Schneider and more generally I support Dr Schneider quest for honesty in science

    Philippe Froguel
    Imperial College London and CNRS University of Lille

    Liked by 1 person

  22. Jonathan D G Jones's avatar

    I fully support Professor Cantera’s letter and the freedom of Leonid Schneider to pursue and report his inquiries.
    Jonathan D. G. Jones
    The Sainsbury Laboratory,
    Norwich, UK

    Liked by 1 person

  23. Alessandro Prigione's avatar

    I support the letter of Rafael Cantera. Freedom of speech should be protected. Everywhere.
    Alessandro Prigione,
    Independent Team Leader,
    Max Delbrueck Center for Molecular Medicine (MDC), Berlin

    Like

  24. Markus Ringnér's avatar
    Markus Ringnér

    I fully support the opinion expressed by Rafael Cantera in the above open letter.

    Markus Ringnér, PhD
    Department of Biology
    Lund University, Sweden

    Liked by 1 person

  25. Philip G.'s avatar

    I am definitely supporting Leonid’s cause and work, the letter of Prof. Cantera, and freedom of press and investigative journalism.

    Philip Gröger, PhD student
    B CUBE – Center for Molecular Bioengineering
    Dresden, Germany

    Like

  26. Nicola Rohrseitz's avatar
    Nicola Rohrseitz

    In support,

    Dr. Nicola Rohrseitz
    PhD ETH Zürich

    Like

  27. Pingback: Jungebluth achieves court injunction against me, because he published in The Lancet – For Better Science

  28. Carlos Rovira's avatar
    Carlos Rovira

    I strongly support the open letter by Professor Cantera and the freedom of speech of Dr. Schneider.

    Carlos Rovira
    Division of Oncology-Pathology
    Lund University
    Sweden

    Liked by 1 person

  29. Camille Le Chapelain's avatar
    Camille Le Chapelain

    I fully support this letter.

    Dr Camille Le Chapelain
    Department of Chemistry, Chair of Biochemistry
    Technische Universität München
    Germany

    Liked by 1 person

  30. Jari Häkkinen's avatar
    Jari Häkkinen

    I support the opinion expressed by Rafael Cantera above, and Leonid Schneider’s continued investigation of trachea transplants in Germany. Freedom of speech must be protected and cared for.

    Jari Häkkinen, PhD
    Lund University
    Department of Clinical Sciences, Lund
    Division of Oncology and Pathology

    Liked by 1 person

  31. Stephan Lewandowsky's avatar

    I am not familiar with the details of this case and I cannot comment on the merits of the various claims and counterclaims. However, I am concerned that the involvement of the courts is a disproportionate and heavy-handed response to the rather anodyne text in a blogpost. Whatever the merits of this case may be, involvement of the courts is bound to have a chilling effect on independent journalism. Professors Walles would have been far better off to post their detailed rebuttal, in English, on a website rather than making it public indirectly via a court judgement. I support Rafael Cantera’s letter.
    Professor Stephan Lewandowsky
    Royal Society Wolfson Research Fellow
    School of Experimental Psychology and Cabot Institute
    University of Bristol
    12A Priory Road
    Bristol BS8 1TU
    United Kingdom
    Twitter: @STWorg

    Liked by 1 person

  32. Joern Bullerdiek's avatar
    Joern Bullerdiek

    We all like to read reports on scientific advances that have been made but critical writing by science journalists is equally important. Please, count me in.
    Prof. Dr. Joern Bullerdiek,
    Human Genetics,
    University of Bremen, Germany

    Liked by 1 person

  33. Makara Gábor's avatar

    I fully support Rafael Cantera’s open letter

    Gábor Makara
    Research Professor
    Institute of Experimental Medicine
    Hungarian Academy of Sciences

    Liked by 1 person

  34. Jonas Sjölund's avatar
    Jonas Sjölund

    A free press is instrumental in keeping scientists honest, open and transparent.

    Jonas Sjölund, PhD
    Lund University, Sweden

    Liked by 1 person

  35. Carlos Dotti's avatar
    Carlos Dotti

    As scientists we have the obligation to know if scientific data made public are correct or not, consequently demanding the greatest effort of all involved parties, responsible scientists and their employers and employees, to give access to all the information. Only this type of openess and good disposition can guarantee that us, the scientific community, and the general public reach the right conclusions. Quite different from how this particular situation was handled in Sweeden, the German suspected parties do not seem to be reacting in an open and constructive way. Quite on the contrary, instead of contributing to help Leonid Schneider´s efforts to bring light into this most deplorable (pseudo) medical matter, his work is being endangered by most indign actions from the investigated scientists, with the shameful suppòrt of the University Clinic of Würzburg´s authorities. As scientist I cannot but fully support Dr. Schneider´s quest on this matter and hope that University Hospital German authorities correct their (corporative) course of action and facilitate this investigation.
    Carlos Dotti,
    Profesor de Investigación
    Centro de Biología Molecular Severo Ochoa,
    Madrid, Spain.

    Liked by 1 person

  36. Sabine Bartnitzke's avatar
    Sabine Bartnitzke

    I fully support the open letter.

    Dr. S. Bartnitzke
    Human Genetics, University of Bremen, Germany

    Like

  37. Ian Collinson's avatar
    Ian Collinson

    I also support Rafael Cantera’s open letter above, and also the very important work of Leonid Schneider against research fraud and misconduct – upholding the virtues of scientific endeavour
    Ian Collinson PhD FRSB
    Professor of Biochemistry and Wellcome Trust Senior Investigator
    School of Biochemistry
    University Walk
    Bristol BS8 1TD
    UK

    Like

  38. Robert Castelo's avatar
    Robert Castelo

    I fully agree with the letter of Dr. Rafael Cantera in support of Leonid Schneider’s investigation of trachea transplants in Germany.

    Robert Castelo
    Associate Professor
    Dept. of Experimental and Health Sciences
    Universitat Pompeu Fabra
    Barcelona, Spain

    Liked by 1 person

  39. David Lindgren's avatar
    David Lindgren

    I too fully support the open letter by Rafael Cantera above.

    David Lindgren, PhD
    Dept of Laboratory Medicine
    Lund University
    Sweden

    Liked by 1 person

  40. William Apro's avatar
    William Apro

    I too support the open letter by Rafael Cantera.

    William Apro, Ph.D.
    Marie Curie Research Fellow
    University of Birmingham, UK

    Liked by 1 person

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