UCL trachea transplants: Videregen sets lawyers on Liverpool academics Murray and Levy

UCL trachea transplants: Videregen sets lawyers on Liverpool academics Murray and Levy

The Science and Technology Committee of the British House of Commons opened in November 2017 an inquiry into Research Integrity. This prompted two University of Liverpool academics to submit a letter to the committee, describing the inaccuracies, misrepresentations and blatant lies which incurred in the course of the trachea transplants performed by the surgeons Paolo Macchiarini and Martin Birchall. The two academics were Patricia Murray, professor in stem cell biology and regenerative medicine, previously a nurse on a Head and Neck unit, and Raphael Lévy, senior lecturer in nanotechnology and imaging. The two also notified the relevant UK authorities and Birchall’s employer UCL of their concerns, especially after even suspected data manipulations came to light. UCL representative gave as a reply an oral and written testimony to the parliamentary committee, other stakeholders provided their own written replies. The first Murray-Levy letter was followed by a second one, because UCL needed help recalling correctly what they did to which patient, and how many have died from the very similar trachea replacement technology which UCL still demands to be allowed to test on 60 more patients.

Now the most vile thing happened, as reported by The BMJ on July 12. Videregen, the Liverpool-based company which bought the trachea regeneration patent from UCL and engages Birchall’s services as advisor, deployed lawyers against Murray and Levy, precisely via their employer University of Liverpool. The main issue is the parliamentary submission by Levy and Murray, subject to absolute privilege. Yet Videregen also cites from the confidential notice of suspected research misconduct Murray and Levy submitted in good faith to UCL (which has not yet decided whether misrepresenting data and providing false information in applications for funding, ethics approval and regulatory permissions is serious enough to warrant an investigation). One wonders who forwarded Videregen this notice, which was confidential and absolutely none of their business? UCL, or their professor Birchall, or Birchall with permission from UCL? Another question is: is our tax money which the EU Commission gave Videregen for trachea transplanting now being used to threaten critics? Continue reading “UCL trachea transplants: Videregen sets lawyers on Liverpool academics Murray and Levy”

No good news, instead a major disaster in appeal court re: Macchiarini affair

The German justice has spoken on trachea transplants again, in the appeal hearing at Kammergericht Berlin, and found the problem to lie with the journalists and press freedom. Good news first: I might have won the first injunction case against Philipp Jungebluth, or at least in large part, so I will probably get most of my money refunded there (Update 30.05.2018: the court tricked me and rejected my appeal on that injunction too. It remains valid to 1/3 just as before, see below). This only happened because the judges regarded how exactly Jungebluth left his job in Heidelberg being a minor enough issue (they did advice him to sue a Swedish newspaper for interviewing him about his sacking in Sweden (sic!)). This money I then will pay back to Paolo Macchiarini‘s acolyte and the court, and much, much more on top, because the three appeal court judges announced to uphold the second injunction in full. These are their oral arguments from yesterday summarised: Continue reading “No good news, instead a major disaster in appeal court re: Macchiarini affair”

Zauli and University of Ferrara announce libel suit, criminal prosecution against me

Zauli and University of Ferrara announce libel suit, criminal prosecution against me

My report from just a week ago, about the data irregularities in papers from Italian  haematologist and cancer researcher Giorgio Zauli provoked a response of a legal threat, of both criminal and civil prosecution. Zauli is namely rector of the University of Ferrara, and he issued this threat in this official capacity, acting for his Italian university. I was already made aware of Zauli’s threats of suing me from a first-hand source, and my site was indeed accessed by Italian State prosecutor’s office the day after I published my article about Zauli’s flawed cytometry and other problematic data in research papers he mostly co-authored with Ferrara’s Head of Department, Paola Secchiero. This letter from Zauli below, which reached me today per certified mail, is the more bizarre due to the fact the university denied any knowledge of Zauli’s legal threats (see the update here).

In any case, here is the letter, on the headed paper of the University of Ferrara, which even paid the postage. Zauli and his university apparently assume that their research publications and public institutional profiles are personal data, protected by EU privacy regulations. Maybe rector Zauli is confused at to where the Latin-derived word “publications” comes from. It’s from “public” and certainly not from “pubic”, hence definitely not his sphere of personal privacy. Though his publications could profit from some data integrity hygiene. In any case, the Ethics Commission of University of Ferrara will convene on June 1st to decide what to do about the publicly available PubPeer evidence I reported about. The scanned original is here. Please disseminate widely. Continue reading “Zauli and University of Ferrara announce libel suit, criminal prosecution against me”

Macchiarini victim’s family sues trachea makers for wrongful death

Macchiarini victim’s family sues trachea makers for wrongful death

Yesim Cetir was a young woman from Turkey, whose vulnerability the scandal surgeon used to test his plastic trachea (twice), a third such operation he performed at the hospital of the Karolinska Institutet in Sweden, and his fifth plastic trachea recipient. Like almost all the at least 17 patients whom Paolo Macchiarini experimented upon with either cadaveric or plastic trachea, Yesim died. Her suffering was long and horrible, her father Hayrullah Cetir dedicated all his waking hours to caring for his daughter. He died himself soon after her, from a neglected cancer.

Since April 2017, Yesim’s family (or in US legalese, the Estate of Yasim Cetir) is suing the company Harvard Bioscience, which spin-off Biostage (in turn formerly known as Harvard Apparatus) produced the bioreactors and the second plastic trachea graft used by Macchiarini on Yesim. Also the manufacturer of her first plastic trachea, Nanofiber Solutions, is being sued at the Suffolk County Superior Court in Massachusetts, USA, case number 1784CV01174. An article in Boston Business Journal indicated that even Macchiarini himself might be subject to the wrongful death lawsuit:

“Now, the estate of one of the deceased patients is pursuing wrongful death claims against both Biostage and Macchiarini”

Continue reading “Macchiarini victim’s family sues trachea makers for wrongful death”

Expert witness Macchiarini to help Berlin court sentence criminal journalist

Expert witness Macchiarini to help Berlin court sentence criminal journalist

The stem cell pioneering surgeon Paolo Macchiarini is back in court now. No, he is not the accused this time. He is an unbiased, independent expert witness invited by his student and acolyte Philipp Jungebluth to help him sue me in Berlin. There are two court injunctions against me, one was already partially lifted, while another was upheld in full, and the main issue are Macchiarini’s trachea transplants in Italy described in an unpublished manuscript. I cannot say much more without facing a €250,000 fine or a 6 months prison term.

Macchiarini recently saw the Swedish state prosecutor drop charges against him because another misconduct-tainted Swedish trachea transplanter, Michael Olausson, served as secret expert for prosecution. At least, no journalists faced court sentencing in Sweden for exposing trachea transplant scandals. It is different in Germany, where constitutional press freedom counts little if someone doesn’t like your reporting, which is why medical scandals in Germany are so rare. The ruinous court trials Macchiarini-associates Jungebluth and Heike & Thorsten Walles imposed on me seem to have scared German media into near-complete silence on the trachea transplant affair. What about the central role of Germany, especially Macchiarini’s and Jungebluth’s university Hannover Medical School (MHH) and their recent cover up of the trachea transplants? Definitely no public interest there, even if Macchiarini’s only remaining (adjunct) professor title was bestowed by MHH. My appeal hearing for both Jungebluth injunctions is at the Berlin Kammergericht court on May 24th. It is public, feel free to come. Maybe even Prof Macchiarini pops in?

Continue reading “Expert witness Macchiarini to help Berlin court sentence criminal journalist”

Jungebluth injunction hearing, another court travesty

Yesterday, November 23rd 2017, I travelled 600 km to Berlin to stand my second injunction trial, instigated by Philipp Jungebluth, former student and acolyte of the scandal surgeon. The first injunction was achieved by Jungebluth based on his claim to be world-famous, renowned researcher and clinician, who helped save the lives of patients like Andemariam Beyene and Hannah Warren with plastic tracheas and published about this in The Lancet (a paper which is now up for retraction due to his and Macchiarini’s proven misconduct). The second injunction was pushed against my article about an unpublished manuscript of Macchiarini’s and Jungebluth’s, from which I have quoted and interpreted with reference to the quotes. That injunction was founded now on the opposite: Jungebluth denies to have had anything at all to do with any of Macchiarini’s trachea transplants, aside of a very general academic, but never ever any clinical, contribution.

The hearing yesterday was a proper farce. It began with the judge asking Jungebluth’s lawyer why he didn’t forbid me to say his client had anything at all to do with Claudia Castillo’s transplant as well (read more here, also about Jungebluth’s role). The court and indicated it would be more than happy to oblige Jungebluth and his lawyer if they were interested. Soon it became rather obvious that the main judge and his two colleagues have never read my English-language article before passing the injunction against it, that they are more confident in their knowledge of English language than they should be, and that they have no understanding whatsoever on the practices of how a biomedical research paper is written. Yet they believe that their power position allows them to make such decisions and disperse punishments nevertheless.

The main issue was the authors’ contributions statement “P.J. assisted in clinical transplantations and preclinical experiments and helped to write the report” which went with the unpublished manuscript describing 9 cadaveric trachea transplants in human patients and some rat experiments. Jungebluth and his lawyer never denied the existence of that manuscript or my quotes from it. But now guess how the judges understood the statement “P.J. assisted in clinical transplantations“?

Continue reading “Jungebluth injunction hearing, another court travesty”

Call to research integrity, or at least a minor revolution at CNRS

Call to research integrity, or at least a minor revolution at CNRS

When I first started digging into the affair of data manipulations around the former star of plant sciences Olivier Voinnet in early 2015, I was sure to be dealing with a singular case of fraud in French science, which went totally unnoticed for decades. When 2 years later I wrote “a fish stinks from the head down” in my article about Voinnet’s former Strasbourg plant sciences institute and its problematic director, I did not know how far up to the very top this data manipulation scandal will go. Now, it looks like the entire leadership of  the Centre National de la Recherche Scientifique (CNRS), French state’s own network of research institutes, might be corrupted and rotten. Research and its integrity at this “largest fundamental research organization in Europe” are overseen by the very people whose own publications should be under investigation for suspected misconduct. A minor revolution is in order in French science, for which I would like to make a case here.

The new interim president of the entire CNRS of 32,000 research employees with the annual budget of €3.2 Billion, Anne Peyroche, has seen now her own publications flagged on PubPeer for data irregularities. In fact, PubPeer itself, which is run by two CNRS employees, seems to be in a pickle. They now vigorously police and delete attempts of criticisms of Peyroche papers. Is the whistleblowing site fighting for its survival, afraid that CNRS might impose its demise any time? How far is the CNRS’ leadership prepared to go, now that their power is threatened by the evidence of misconduct in their own papers?

Catherine Jessus, being the director of its l’Institut des sciences biologiques (INSB) basically the head biologist at CNRS, already reacted to a stream of evidence against her publications on my site and on PubPeer. No, she is apparently not going to check lab books or provide for original data. Instead she declared to her colleagues that CNRS will soon start a massive legal action against yours truly. If true, the State of France announced to soon set its power and resources upon a German blogger, yet the French media refuses to report anything until CNRS issues an official statement in this regard. This information I have from direct sources.

Continue reading “Call to research integrity, or at least a minor revolution at CNRS”