Incarceration, Restitution, and Lifetime Debarment: Legal Consequences of Scientific Misconduct in the Eric Poehlman Case : Commentary on: "Scientific Forensics: How the Office of Research Integrity can Assist Institutional Investigations of Research Misc
Summary of "Incarceration, Restitution, and Lifetime Debarment: Legal Consequences of Scientific Misconduct in the Eric Poehlman Case : Commentary on: "Scientific Forensics: How the Office of Research Integrity can Assist Institutional Investigations of Research Misc"
Following its determination of a finding of scientific misconduct the Office of Research Integrity (ORI) will seek redress for any injury sustained. Several remedies both administrative and statutory may be available depending on the strength of the evidentiary findings of the misconduct investigation. Pursuant to federal regulations administrative remedies are primarily remedial in nature and designed to protect the integrity of the affected research program, whereas statutory remedies including civil fines and criminal penalties are designed to deter and punish wrongdoers. This commentary discusses the available administrative and statutory remedies in the context of a specific case, that of former University of Vermont nutrition researcher Eric Poehlman, and supplies a possible rationale for the legal result.
Affiliation
Attorney at Law, 2608 Cardinal Circle, Birmingham, AL, 35243, USA, stilden@att.net.
Journal Details
This article was published in the following journal.
Name: Science and engineering ethics
ISSN: 1471-5546
Pages:
Links
- PubMed Source: http://www.ncbi.nlm.nih.gov/pubmed/20842537
- DOI: http://dx.doi.org/10.1007/s11948-010-9228-0
Medical and Biotech [MESH] Definitions
Scientific Misconduct
Intentional falsification of scientific data by presentation of fraudulent or incomplete or uncorroborated findings as scientific fact.
Drug Users
People who take drugs for a non-therapeutic or non-medical effect. The drugs may be legal or illegal, but their use often results in adverse medical, legal, or social consequences for the users.
United States Office Of Research Integrity
An office of the UNITED STATES PUBLIC HEALTH SERVICE organized in June 1992 to promote research integrity and investigate misconduct in research supported by the Public Health Service. It consolidates the Office of Scientific Integrity of the National Institutes of Health and the Office of Scientific Integrity Review in the Office of the Assistant Secretary for Health.
Prenatal Exposure Delayed Effects
The consequences of exposing the FETUS in utero to certain factors, such as NUTRITION PHYSIOLOGICAL PHENOMENA; PHYSIOLOGICAL STRESS; DRUGS; RADIATION; and other physical or chemical factors. These consequences are observed later in the offspring after BIRTH.
Lawyers
Persons whose profession is to give legal advice and assistance to clients and represent them in legal matters. (American Heritage Dictionary, 3d ed)
PubMed Articles
Scientific misconduct is usually assumed to be self-serving. This paper, however, proposes to distinguish between two types of scientific misconduct: 'type one scientific misconduct' is self-serving a...
The purpose of this study was to gain knowledge about academic misconduct in associate degree nursing students enrolled in two nursing programs in the northeastern United States. Study respondents (n...
Scientific misconduct, retractions, and errata.
Scientific misconduct. Psychologist accused of fraud on 'astonishing scale'.
Raising Suspicions with the Food and Drug Administration: Detecting Misconduct.
The clinical Bioresearch Monitoring (BIMO) oversight program of the US Food and Drug Administration (FDA) assesses the quality and integrity of data submitted to the FDA for new product approvals and...
Clinical Trials
Lifetime Risk for Cardiovascular Disease Among Non-White Ethnic Groups
Cardiovascular disease (CVD) is one of the leading causes of death in the United States. Currently, there is little information about the lifetime risk of CVD among non-white ethnic groups...
Evaluation of of a Prefixed 50% N2O- 50%O2 Mixture in Legal Abortion Under Local Analgesia
To evaluate effectiveness of a prefixed 50% N2O- 50%O2 mixture in legal abortion under paracervical block.
The Boston Scientific ENOVUS Trial
A prospective, actively controlled, consecutively enrolling, non-randomized multi center clinical evaluation of the safety and efficacy of the Boston Scientific ENOVUS AAA Endograft when u...
Interviewing hospital executives, physician administrators and hospital legal counsel who work in a hospital setting (academic, governmental, private or community hospital) about their per...
Impact of Neuropathic Post-Zosterian Pain on the Cognition
Pain is defined as a sensorial and emotional phenomenon and lead consequences on the cognition. These consequences could be increased with usual treatment. So the aim of this study is to e...