[Federal Register Volume 61, Number 69 (Tuesday, April 9, 1996)]
[Notices]
[Pages 15806-15807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8685]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Findings of Scientific Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Office of Research Integrity 
(ORI) has made final findings of scientific misconduct in the following 
case:
    James H. Abbs, Ph.D., University of Wisconsin-Madison: Based on an 
investigation conducted by the Division of Research Investigations, ORI 
found that James H. Abbs, Ph.D., engaged in scientific misconduct by 
falsifying and fabricating certain figures and research results 
supported by Public Health Service (PHS) grants P01 NS13274 and P30 
HD03352 and reported in ``Orofacial motor control impairment in 
Parkinson's disease'' (Neurology 37:394-398, 1987) (Neurology paper).
    ORI found that Dr. Abbs falsified Figure 1 in the Neurology paper, 
which displays orofacial motor control instability in a Parkinson's 
disease patient reported as non-tremorous, by (1) tracing the waveforms 
from those of a tremorous patient that had previously been published as 
Figure 6 in the Journal of Speech and Hearing Research (26:616-621, 
1983); (2) eliminating the apparent tremors from the waveforms depicted 
in Figure 6; (3) falsifying the standard force levels and structures 
from those of Figure 6; and (4) misrepresenting the identity of the 
actual subject reported in Figure 1. ORI also found that Dr. Abbs 
falsified and fabricated the data for Figures 2 and 4 in the Neurology 
paper by (1) falsifying the number of trials run on each subject; (2) 
misrepresenting the number of measurements made on each of the 
waveforms; and (3) fabricating the numbers used to calculate the force 
instability results presented for Figure 2. Dr. Abbs used the same 
fabricated numbers in Figure 4.
    To avoid the uncertainty and expense of litigation, Dr. Abbs and 
ORI agreed to resolve the case through a negotiated settlement 
(Agreement), which the parties agreed shall not be construed as an 
admission of liability or wrongdoing on the part of Dr. Abbs. As part 
of the Agreement, Dr. Abbs submitted a letter to ORI in which he 
addresses each of ORI's findings and explains in more detail the 
reasons for his decision to settle this matter on these terms. Dr. Abbs 
has agreed not to appeal ORI's jurisdiction or its findings and has 
further voluntarily agreed:
    (1) To exclude himself voluntarily from serving in any advisory 
capacity to PHS, including but not limited to, service on any PHS 
advisory committee, board, and/or peer review committee, or as a 
consultant for a period of three (3) years beginning on March 28, 1996;
    (2) That any institution which submits an application for PHS 
support for a research project that proposes Dr. Abbs' participation or 
that uses Dr. Abbs in any capacity on PHS supported research, or that 
submits a report of PHS funded research in which Dr. Abbs is involved, 
must concurrently submit a plan for supervision of Dr. Abbs' duties, 
designed to ensure the scientific integrity of Dr. Abbs' research, for 
a period of three (3) years beginning on March 28, 1996;
    (3) That any institution employing Dr. Abbs be required to submit, 
in conjunction with each application for PHS funds or report of PHS 
funded research in which Dr. Abbs is involved, a certification that the 
data provided by Dr. Abbs are based on actual experiments or are 
otherwise legitimately derived and that the data, procedures, and 
methodology are accurately reported in the application or research 
report for a period of three (3) years beginning on March 28, 1996; and
    (4) To submit a letter to the journal Neurology advising it of 
ORI's request to retract the Neurology paper.

FOR FURTHER INFORMATION CONTACT:
Director, Division of Research Investigations, Office of Research

[[Page 15807]]
Integrity, 5515 Security Lane, Suite 700, Rockville, MD 20852.
Lawrence J. Rhoades,
Acting Director, Office of Research Integrity.
[FR Doc. 96-8685 Filed 4-8-96; 8:45 am]
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