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. Annalisa Berzigotti's avatar
    Annalisa Berzigotti

    I fully support the contents of Prof. Cantera’s letter. Transparency in dealing with ethical issues in academic institutions will bring better science.

    Annalisa Berzigotti, MD, PhD
    Associate Professor
    Hepatology, UVCM
    University of Bern
    Switzerland

    Liked by 1 person

  2. Pingback: Evidence is a lie, listen to our authority, say Walles to scientists – For Better Science

  3. Nick Brown's avatar
    Nick Brown

    I support this letter. When science is decided by the courts, we’re all in big trouble, even in a democracy.

    Nicholas Brown, MSc
    PhD candidate
    University of Groningen
    Netherlands

    Liked by 1 person

  4. Lydia Maniatis (@LydiaManiatis)'s avatar

    I support this open letter and the work of LS on behalf of science, public health, and freedom of speech. It should be shocking that the scientific establishment is acting like the enemy of free speech and effective journalism.
    Lydia M. Maniatis, PhD

    Liked by 1 person

  5. Neuroskeptic (@Neuro_Skeptic)'s avatar

    I support this letter. Honest bloggers contribute much more to science than dishonest scientists.
    Neuroskeptic,
    UK neuroscientist and science blogger (Discover Magazine)
    http://discovermagazine.com/authors?name=Neuroskeptic

    Liked by 1 person

  6. Guillaume Rousselet's avatar

    I support the open letter.
    This quote from the eminent Pet Shop Boys sums it all:

    “If you’ve done nothing wrong
    You’ve got nothing to fear
    If you’ve something to hide
    You shouldn’t even be here”

    Dr Guillaume Rousselet – Senior Lecturer
    Institute of Neuroscience & Psychology
    University of Glasgow

    Liked by 1 person

  7. Alexander Talyzin's avatar
    Alexander Talyzin

    I think that all work done with participation of Macchiarini must be carefully investigated. I am impressed by the multiple investigations on all possible levels which took place in Sweden and surprized that German Universities have not made adequate effort to investigate Macchiarini’s work, work of his co-authors, all relevant operations made using similar methods. It looks like Leonid is doing this job instead of Universities and other official organizations in Germany. I am not specialist in this field but I strongly support efforts of Leonid who is trying to investigate this story. I support the letter by Prof. Cantera’s letter.

    Dr. Alexandr Talyzin
    Umeå University, Sweden

    Like

  8. Didier Barradas-Bautista's avatar
    Didier Barradas-Bautista

    I too fully support Professor Cantera’s letter.

    Didier Barradas Bautista, PhD candidate, Protein Interactions and Docking
    Life Sciences Department, Barcelona Supercomputing Center
    Barcelona, Spain.

    Liked by 1 person

  9. Alexey Bersenev's avatar

    I support Leonid’s investigations and Cantera’s letter!

    Alexey Bersenev,
    Yale University

    Liked by 1 person

  10. Melanie Blokesch, PhD's avatar
    Melanie Blokesch, PhD

    I support Prof. Cantera’s letter. There needs to be transparency when it comes to ethical issues and you cannot just sweep the truth under the carpet. Punishing journalists who repeat open statements seems therefore totally inappropriate.
    Prof Dr Melanie Blokesch,
    EPFL SV GHI UPBLO
    SV 3529 (Bâtiment SV)
    Station 19
    CH-1015 Lausanne
    Switzerland

    Liked by 1 person

  11. Paulo S R Coelho's avatar
    Paulo S R Coelho

    I fully support Professor Cantera’s letter.

    Prof Dr Paulo Sergio R. Coelho
    University of São Paulo
    Ribeirão Preto – SP
    Brazil

    Liked by 1 person

  12. Dr Steven Pollard's avatar
    Dr Steven Pollard

    I support this letter.
    Dr Steven M. Pollard
    Cancer Research UK Senior Research Fellow
    MRC Centre for Regenerative Medicine
    SCRM Building
    The University of Edinburgh
    Edinburgh bioQuarter
    5 Little France Drive
    Edinburgh
    UK

    Liked by 1 person

  13. Pingback: Image duplication and other irregularities of Heike and Thorsten Walles – For Better Science

  14. coppenheim's avatar
    coppenheim

    I fully support this open letter, and am frankly amazed that the German Courts have taken the approach they have done.

    Professor Charles Oppenheim, BSc, PhD, DSc, Hon FCLIP, FRSA
    Visiting Professor at City University, London, Robert Gordon University, Aberdeen and at The University of Northampton

    Liked by 1 person

  15. Marco Trujillo's avatar
    Marco Trujillo

    I fully support Professor Cantera’s letter.

    Marco Trujillo
    Research Group Leader
    Leibniz Institute of Plant Biochemistry
    Germany

    Liked by 1 person

  16. Dr. Prajwal's avatar
    Dr. Prajwal

    Hei Leonid,

    I am astonished by this kind of image manipulations in publications.. There should very tough consequences, or else the integrity of research will under question.

    Keep up the fight

    Dr. Prajwal

    Zürich

    Liked by 1 person

  17. Kenneth Lee's avatar
    Kenneth Lee

    “STAP” has sapped the fight out of me for science integrity. But here, I make the extra effort to strongly support Leonid’s investigation into Paola Macchiarini trachea transplantation misdeeds. I also strongly support Professor Cantera’s open letter.

    Professor Kenneth Lee
    Chief of Developmental and Regenerative Biology
    School of Biomedical Sciences
    Chinese University of Hong Kong

    Liked by 1 person

  18. Nikolai Adamski's avatar
    Nikolai Adamski

    I strongly support Professor Cantera’s open letter.

    Nikolai Adamski, PhD
    John Inne Centre, Norwich, UK

    Liked by 1 person

  19. Crisanto Gutierrez's avatar
    Crisanto Gutierrez

    While I recognize that I am not familiar with the German legal system, I feel that Schneider’s investigation on this issue has ended up in an unbalanced court decision. I may not share all Schneider’s opinions on other matters, but I support Prof. Cantera’s letter in relation to Schneider’s investigation.
    Prof. Dr. Crisanto Gutierrez
    Centro de Biologia Molecular Severo Ochoa
    Madrid, Spain

    Liked by 1 person

  20. Burkhard Morgenstern's avatar

    Many thanks to Leonid Schneider for his work. I fully support Rafael Cantera’s open letter.

    Prof. Dr. Burkhard Morgenstern
    University of Göttingen

    Liked by 1 person

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