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. benjaminschwessinger's avatar

    Count me in.
    Benjamin Schwessinger PhD.
    Discovery Early Career Research Award Fellow
    Rathjen Lab
    Division of Plant Science
    Research School of Biology
    College of Medicine, Biology, and Environment
    Linnaeus Building (134), Linnaeus Way
    The Australian National University
    Canberra ACT 0200 Australia

    Liked by 1 person

  2. Laura Machesky's avatar
    Laura Machesky

    I strongly support Professor Cantera’s letter and Leonid Schneider’s right to report these issues. We have a duty to humanity to be open and transparent on these issues.
    Laura Machesky FRSE, FMedSci
    Professor of Cell Biology
    CRUK Beatson Institute Glasgow
    University College of Medical, Veterinary and Life Sciences
    Garscube Estate, Switchback Rd. Bearsden, Glasgow, G61 1BD

    Liked by 1 person

  3. Willem van Schaik (@WvSchaik)'s avatar

    I support Prof. Cantera’s letter. I hope that the University Clinic Würzburg will perform a full investigation on the ethical issues surrounding the trachea transplants and will reconsider their role in the court case against Leonid Schneider.

    Willem van Schaik
    Associate Professor
    University Medical Center Utrecht
    the Netherlands

    Liked by 1 person

  4. Tim van der Zee's avatar

    I stand with Rafael Cantera and support the content of this open letter.

    Tim van der Zee
    PhD Student
    Graduate School of Teaching (ICLON), Leiden University, Leiden, The Netherlands

    Liked by 1 person

  5. Marco Costa's avatar
    Marco Costa

    In support of the content of the above letter!

    Marco Costa, PMHN
    Surgical Department
    ULS Matosinhos
    Portugal

    Liked by 1 person

  6. tcarvalhojem's avatar
    tcarvalhojem

    I support this open letter.

    Thiago Lopes Carvalho
    Editor, Rockefeller University Press.

    Liked by 1 person

  7. Rosa Barrio, Spain's avatar
    Rosa Barrio, Spain

    I fully support Professor Cantera’s letter on Leonid Schneider’s work.
    Dr. Rosa Barrio at CIC bioGUNE

    Liked by 1 person

  8. James Sutherland's avatar
    James Sutherland

    Along with Dr. Cantera, I fully support the open and unbiased investigation into ethical concerns surrounding the work of Dr. Macchiarini and participating colleagues, whether from Sweden, Germany or elsewhere. Leonid Schneider and other journalists must be encouraged to ask questions and report in order to maintain scientific trust and transparency.

    James D. Sutherland, PhD
    CIC bioGUNE
    Bilbao, Spain

    Like

  9. Professor Robert Insall's avatar
    Professor Robert Insall

    Science and ethics both rely totally on open discussion. The issues described here urgently need to be examined and discussed in the broad light of day. Not doing so openly is an abnegation of ethics and of scientific truth – everyone needs to do better.

    Professor Robert Insall FRSE
    Glasgow, UK

    Liked by 1 person

  10. Jessica L. Preston's avatar

    I fully support Leonid Schneider! He is a defender of scientific integrity, which is critical for research to function.

    Jessica L. Preston, Ph. D
    Institute of Ecology and Evolution
    University of Oregon, USA

    Liked by 1 person

  11. Vicki Vance's avatar
    Vicki Vance

    I fully support this open letter from Professor Cantera as well as the important work of Leonid Schneider.

    Vicki Vance, PhD
    Department of Biological Sciences
    University of South Carolina
    Columbia, SC, USA

    Liked by 1 person

  12. Jos WM van der Meer MD PhD FRCP(Lon) FRCP (Edin) MAE's avatar
    Jos WM van der Meer MD PhD FRCP(Lon) FRCP (Edin) MAE

    It is extremely important that the University of Wuerzburg investigates these allegations. If these transplants were done in the Macchiarini way, without robust preclinical investigations, there is a serious problem which should not be covered up.
    Responding to Leonid Schneider’s investigations with a law suit is an incredible move which is highly detrimental to the trust in science.

    Liked by 1 person

  13. Stephen Curry (@Stephen_Curry)'s avatar

    I fully support this open letter from Professor Cantera,

    Stephen Curry
    Professor of Structural Biology
    Imperial College London, UK

    Liked by 1 person

  14. Laurent Gⓐtt⓪ (@lgatt0)'s avatar

    I fully support Prof. Cantera’s letter and Leonid Schneider’s right to report on these issues.

    Dr Laurent Gatto
    University of Cambridge, UK

    Liked by 1 person

  15. Anna Petersson's avatar
    Anna Petersson

    I support the letter by Rafael Cantera and the work of Leonid Schneider.
    Threats of litigation in response to journalistic inquiries about research is just… wrong.

    Anna Petersson, M.D., Ph.D.
    Stockholm, Sweden

    Liked by 1 person

  16. Wendy Patterson's avatar
    Wendy Patterson

    As a former academic in America and Germany and the current managing editor of a German-based scientific journal, I personally fully support the letter by Rafael Cantera and the important work of Leonid Schneider.

    Wendy M. Patterson, Ph.D.
    Frankfurt am Main, Germany

    Liked by 1 person

  17. Gene Regulation (@Gene_Regulation)'s avatar

    I strongly support Leonid Schneider who is doing an important and difficult task of investigative science journalism. I do believe in law and, therefore, I think that if Leonid was wrongly accused in the court, the case should be fought back in the court. The scientific online community can be asked to support this case by crowd-sourcing to fund a good lawyer and/or by contributing direct legal support.
    Dr Vladimir Teif,
    University of Essex

    Liked by 2 people

  18. Felix Schönbrodt's avatar
    Felix Schönbrodt

    Openness and transparency are core values of science. An in absentia court injunction to suppress public domain knowledge is ridiculous. The course of action is a shame for the German court and the University Clinic of Würzburg and should be corrected as soon as possible.

    I fully support the support letter.

    PD Dr. Felix Schönbrodt
    ARaZ
    Ludwig-Maximilians-Universität München
    Germany

    Liked by 1 person

  19. Adam Dawe's avatar

    I fully support Professor Cantera’s open letter in support of Leonid Schneider and freedom of speech.

    Adam Dawe, PhD
    Blue Sky Bioinformatics
    Cape Town, South Africa

    Liked by 1 person

  20. Henning Langer's avatar
    Henning Langer

    I fully support Professor Cantera’s letter in support of Leonid Schneider as well as freedom of speech.

    Henning Langer, MSc
    ECRC
    Berlin, Germany

    Liked by 1 person

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