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 German trachea transplanters Heike and Thorsten Walles treated the 3 patients with their pig-intestine-based tracheal transplants (one of them performed with Paolo Macchiarini). They are currently suing me in court for reporting about those, while their employer, the University of Würzburg, investigates these tracheal transplants together with the evidence for blatant data manipulations in several Walles publications on suspicion of misconduct. None of those 3 patients is alive today, yet Walles insist that neither of their transplant operations was in any way related to the patients deaths or that it might have reduced their quality of life. They keep declaring those operations as resounding successes, free from any evidence, though the last transplant was performed in 2009 and never again. A corresponding clinical trial, financed by the German Ministry of Education and Research with €1.5 Million between 2009 and 2015 (and briefly mentioned at the beginning of the PEI letter), did not achieve even a single milestone. Not even animal experiments were permitted by the responsible watchdog institution, the Paul Ehrlich Institute (PEI). For almost 7 months, PEI refused to answer my Freedom of Information inquiry. It seems however, my complaints to authorities and the Federal Ministry of Health, finally had an effect.
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.
On March 16th I stood a court trial by the trachea transplanters and University of Würzburg professors Heike and Thorsten Walles against myself. The judge (it was the same who passed the injunction against me) will announce his decision on April 6th, just as I will stand trial in Berlin against their trachea transplant colleague Philipp Jungebluth (see this report). I publish here an extended memory-based protocol which I first published on Facebook. Meanwhile, several large institutions built a protective wall of silence around Walles and their tracheal transplants. The German Medical Association refused investigation in a bizarre letter which I also publish below.
The court hearing
It was the so-called speed trial, so instead of examining evidence, everyone was free to tell the judge their views. Mostly, Walles and their lawyer spoke, occasionally, my lawyer and I were able to squeeze a word in to reject the outlandish or false claims. For example, while her lawyer insisted the tracheal transplants were full success despite dead patients, Heike Walles challenged me to compare her transplants with the first heart transplant which failed. I pointed out that this is exactly the same argument Paolo Macchiarini uses to defend his own failed trachea transplants (for example, here). Continue reading “Will words or actual evidence count in the Walles case?”
The German trachea transplanters Heike and Thorsten Walles fitted three patients with pig-intestine-based airway grafts. They responded to my inquisitive reporting about these with a court injunction, the trial takes place this week, on March 16th. A commission of their Unversity of Würzburg initially absolved Walles of all suspicions of research misconduct, only to start the investigation anew as evidence of heavy data manipulation in their papers emerged (see my previous report). Roland Jahns, specially recruited as medical expert from the same University Clinic Würzburg where both Walleses work, was dismissed after he insulted me as “pseudoscientist” to defend his colleagues’ questionable attitude to data integrity, medical ethics and patient welfare. A new expert will be recruited, but Jahns did reveal some clues to what happened to the two last Walles patients operated in Stuttgart in 2007 and 2009, just before they received their professorships in Würzburg.
It appears Thorsten Walles issued two radically opposing versions of the 2007 patient’s state. In his publications, he presented the intervention as “compassionate use” case and the patient as stable, but in need of innovative strategies to cure his condition. In the medical file however, Walles described the patient as terminally ill and dying from cancer. The intervention to replace his airways with a never-before-tested pig-intestine large patch was presented as a palliative approach, which however turns the entire concept of either palliative care or compassionate use care on its head. In any case, the graft had to be removed after only 2 weeks, the patient died four weeks later due to massive bleeding and multi-organ failure. Walles decided that this disastrous incident had nothing to do with the transplant, so when they recruited their next patient to sign an informed consent in 2009, they simply didn’t tell him what happened to his predecessor. That last patient was also post-suicidal and in psychiatric treatment (though not yet officially of unsound mind, his mental state further deteriorated later on). Continue reading “Walles tracheal transplant patients: secrets and lies”
The University of Würzburg did not ignore the Open Letter in support of my journalism, and has concluded its internal investigation into medical and scientific activities of their trachea transplanters Heike and Thorsten Walles, without finding any misconduct. This was however not the end of it. I was invited to appeal this decision in front of the commission, which I did on March 6th 2017. In the end, the medical “external consultant”, Roland Jahns (specialist in inner medicine from the University Clinic of Würzburg) was catapulted out of the commission after insulting me as “pseudoscientist” and the entire investigation will be re-opened, with a new consultant to be recruited. The main reason: a newly emerged wealth of evidence of gross data manipulations in the papers by Walles, which readers of my site posted on PubPeer just when I arrived in Würzburg to give evidence.
During my discussion with the Standing Commission for the Investigation of Scientific Misconduct of the University of Würzburg on March 6th, I was also told that the commission does not see my original text, for which I am facing a court trial on March 16th, as factually wrong. All information provided there was deemed correct except of one aspect: my readers were said to be led to misunderstand that the trachea transplant operations took place in Würzburg (while they happened in Stuttgart). The commission made clear that their university does not want to be associated with these transplants. They did however admit that the misunderstanding arose because Walles themselves have been placing such false information in media (including this recent article in the Siemens magazine), and even on the University of Würzburg website. The commission however assigned to me the responsibility of checking in advance the truthfulness of such obscure sources. Continue reading “Würzburg misconduct Commission acquits Walles, dismisses biased medical expert, restarts anew as data manipulations flood in”
My attempt recently to inform the readers of the journal Tissue Engineering Part A about grave omissions and factual inconsistencies in the Steinke et al 2015 publication by Heike and Thorsten Walles failed spectacularly. Not because the concerns I raised about their tracheal transplants where deemed is irrelevant, far from it. It was the messenger who was seen as disreputable. The editor chose to send my letter out for peer review, despite the fact that I was never addressing the science of the paper, but the omitted, yet verified medical complications and deaths of the patients, as well as non-existent animal tests. Two of three peer reviewers simply chose not to believe me and my evidence, one of the reasons was: my blog site where I published it is not peer reviewed. I was also decreed to be scientifically incompetent, driven by personal vendetta against poor Walles (who are presently suing me at court for reporting about these transplants) and simply as a liar, who made all these things up. At the same time, the notorious third reviewer warns the editor that the journal’s readers must never see or hear of my accusations. Continue reading “My Walles trachea transplant reporting fails peer review”