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 The second injunction was pushed against my article about an unpublished manuscript of Macchiarini’s and Jungebluth’s, from which I have quoted and interpreted with reference to the quotes.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assisted in clinical transplantations and preclinical experiments and helped to write the report” which went with the unpublished manuscript describing 9 cadaveric trachea transplants in human patients and some rat experiments.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”
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”
The Kafkaesque farce of court injunction trials from German trachea transplanters against me continues. The Landesgericht court in Berlin issued a second injunction against me, as requested by the angel of innocence Philipp Jungebluth, the former right hand man and acolyte of Paolo Macchiarini. The target of the injunction is this article, concerning an unpublished Macchiarini paper Haag et al. As it practice in German law, this legally binding verdict, the breach of which is punishable by a fine of up to €250,000, was passed without allowing me to present my evidence. In fact, Jungebluth also was not asked to present any evidence, his word that I wronged him sufficed. The legal idea behind such injunctions “the element of surprise”, that is, to present the other party with a binding court verdict, a huge bill for it, followed by a huge fine for any alleged breach of the injunction, the pretext for which is always easy to conjure, all of which should discourage any attempts to fight back. You are expected to lose your court case without even knowing there was one going on. Germans think this is a great and just way to keep internet and other media at bay.
So this is obviously a financially heavily mismatched war of Macchiarini and his partners against me, with all the media who used to celebrate their (now known as lethal) human experiments suddenly very silent. I am however grateful for the past and current support of my readers, and ask you to keep donating. Because nobody in Germany cares about these dead and mutilated patients, who were all foreigners experimented upon abroad anyway. Continue reading “Berlin court grants Jungebluth new injunction against my reporting”
Philipp Jungebluth, formerly right-hand man and student of the lethal trachea transplant surgeon Paolo Macchiarini, is threatening another lawsuit against me. This time, he is unhappy about being associated with the 5 trachea transplant operations Macchiarini performed in Italy (only one of these five might still be alive, with a permanent brain damage). Jungebluth freely admits through his lawyer to have been part in the two operations in Barcelona: the very first trachea transplant on Claudia Castillo in 2008, and another one, performed in secret against an explicit ban issued by the Hospital Clinic Barcelona, in a neighbouring hospital on the Argentinian patient DD. Both patients Castillo and DD were previously unsuccessfully operated on their airways by Macchiarini, both were eventually offered a bronchus or trachea transplant, respectively. I was informed how the 55-year old DD fared after the operation, and it was a total disaster (it is all but clear if she is still alive, in fact even survivor Claudia Castillo can’t be found anymore).
These two operations were however according to Jungebluth part of his German medical education, the so-called “practical year”, as student of the Hannover Medical School (MHH). It seems that a past MHH professor, Heike Kielstein (nee Nave) was involved in the histological analyses of these trachea transplants. In 2010, Kielstein as part of award ceremony presented Jungebluth with a €2500 prize for his Macchiarini-supervised medical dissertation, which described only the first trachea transplant patient, but kept the second transplant operation on DD as a total secret. But MHH apparently knew about that highly unethical act, and did not mind at all.
Hence, MHH did not cease all trachea transplant research in 2006, as they once told to me untruthfully. The technology was simply outsourced in a good MHH tradition to poorer parts of Europe. To escape tough German regulations or legal responsibilities? Or maybe because the non-German patients abroad were seen as more suitable for medical experiments? MHH, whose rector just recently ordered its own university not to investigate Jungebluth’s dissertation, remains deadly silent. Herr Professor Macchiarini, whose German is near-native (the Italian grew up in Switzerland) and is much better than his English, remains adjunct professor at MHH, against state law. Continue reading “Hannover Medical School MHH: where doctor careers matter more than patient lives?”
The court trial against me by German trachea transplanters Heike and Thorsten Walles ended with the settlement in the appeal court in Bamberg. A costly one, which I had to accept, giving the danger of seeing me and my family driven to bankruptcy before the next very costly court instance can even be invoked for my defence, what with the two impending court fines for the alleged breach of the injunction Walles passed against me with the help of a certain evidence-allergic judge in Würzburg. My legal costs tally up to at least €12,000 and I am now stuck with those. On the plus side, none of my own and my generous donors’ money goes to Walles, they have to pay their own lawyers and half of the court fees, which made them very fuming and livid indeed, as their behaviour in the court room showcased. There the married trachea transplanters also made clear that they saw the operation on their 3 patients (described here and here) as successful research. This Walles stance is unblemished by the undisputed fact that their patients received no actual health benefits from those pig-intestine-based tracheal grafts whatsoever, in fact it looks quite the opposite. Thing is, those 3 operations were all performed in 2003, 2007 and 2009 as compassionate use, without any previous animal experiments, appropriate safety tests or in fact any ethics approvals. A question rises if, or rather how far Walles breached the Nuremberg Code of 1947 and the German medicinal product law, which forbid exactly that kind of research on patients. Continue reading “Walles court trial against me ends with “amicable settlement””
The court litigation of the German trachea transplanters Heike and Thorsten Walles against me and my reporting has moved into the appeal stage. The appeal hearing will be on July 3rd 2017 in the Bavarian Higher State Court (Oberlandesgericht) in Bamberg. At the same time, the Walles case turns into an institutional conspiracy farce straight of a bad spy novel, which seems to go up to the very top, including the German government.
The central German watchdog on regenerative medicine, the Paul Ehrlich Institute (PEI), keeps breaking German federal law on Freedom of Information (FOI, Informationsfreiheitsgesetz) by refusing to comment on the legality of the 3 tracheal transplants Walles performed (one of them with Paolo Macchiarini). The FOI oversight authority (Bundesbeauftragter für Informationsfreiheit) failed despite several attempts to get PEI to adhere to this federal law and gave up, after admitting to me to lack any means to enforce it. My repeated complaints to the German Federal Ministry of Health, under whose roof PEI operates, did not even achieve an acknowledgement of receipt.
Meanwhile, their current employer, the University of Würzburg, has widened its misconduct investigations against Walles, to collaborate with their past employer, the Hannover Medical School (MHH) and the hospital where two tracheal transplants were performed by Thorsten Walles, the Clinic Schillerhöhe in Stuttgart. It is another question how collaborative or in fact keen on investigating anything at all these two institutions will be. The Stuttgart hospital decided to transplant two patients in 2007 and 2009 with Walles-made pig-intestine-based tracheal grafts in absence of own internal ethics review board and without procuring an ethics vote from an appropriate external institution (instead, they approached an inappropriate one, were sent away, and published this refusal of ethics opinion as an ethics approval).
The medical university MHH on the other hand seems to have no clue what medical ethics are. Just recently, they declared the MD dissertation of Macchiarini’s student Philipp Jungebluth to be utterly unproblematic and refused to investigate it. In light of this and a previous incident (see below), it appears MHH sees foreign patients abroad to be equivalent to research animals.
Even more significant about the widening of the Würzburg investigation is namely who apparently decided not to participate in it.
Continue reading “Walles misconduct investigation in Würzburg widens inside a federal cover-up; Jungebluth’s dissertation whitewashed in Hannover”
Today I stood my second injunction trial (previous here), and once again, the evidence was irrelevant. Today’s trial of Philipp Jungebluth against myself in the Berlin regional court was set for 30 minutes and this is also how long it took. The reason: the judge (and two co-judges) already made up their decision to uphold Jungebluth’s injunction against me (see story here and here), regardless of all evidence from my side about this doctor’s past. They were perfectly free to do so, because it was a speed trial, where (in theory) I was supposed to get my chance to finally defend myself after the very same judge passed that injunction without my prior knowledge or involvement, based on the claims submitted by Jungebluth. Such is the German law on press freedom, take it or leave the country. Also now, I didn’t get to say much, while Jungebluth and his lawyer were welcomed to explain their case to the court once again. My lawyer and I hardly got a chance to squeeze a word in. Continue reading “Judge in Jungebluth trial announces to uphold his injunction, dismisses all evidence”