[Federal Register Volume 74, Number 18 (Thursday, January 29, 2009)]
[Notices]
[Pages 5161-5162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1933]


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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) and the Assistant Secretary for Health have taken final action in 
the following case:
    M. Nguyen, M.D., University of California, Los Angeles: Based on a 
University of California, Los Angeles (UCLA) report and Respondent's 
own admission, the U.S. Public Health Service (PHS) found that Dr. M. 
Nguyen, former Associate Professor at UCLA, engaged in scientific 
misconduct in research supported by National Cancer Institute (NCI), 
National Institutes of Health (NIH), grant 1 R01 CA69433, National 
Center for Complementary and Alternative Medicine (NCCAM), NIH, grant 1 
P50 AT00I51-01, and National Institute of Diabetes and Digestive and 
Kidney Diseases (NIDDK), NIH, grant T32 DK03688.
    Specifically, PHS found that Respondent engaged in scientific 
misconduct by:
    1. Dr. Nguyen's laboratory conducted a single experiment on the 
effect of Livistona extract on the growth of 10\6\ mouse fibrosarcoma 
(FSA) cells injected into C3H mice. The drug was administered in the 
drinking water of the treated mice and tumor sizes were measured twice 
weekly with calipers. Dr. Nguyen falsified and fabricated the results 
of this experiment in Figure 3 of Oncology Reports 8:1355-1357, 2001:
    A. The data reported for the control group were from an experiment 
in nude mice implanted with human breast tumor implants, rather than 
with mouse fibrosarcoma cell implants, as Dr. Nguyen reported in the 
paper. The control data for FSA implanted C3H mice could not be located 
in the laboratory records.
    2. Dr. Nguyen's laboratory conducted a single experiment on the 
effect of Livistona extract on the growth of 10\8\ MDA-MD-231 cells 
injected into nude mice. The drug was administered in the drinking 
water of the treated mice and tumor sizes measured twice weekly with 
calipers. Dr. Nguyen falsified and fabricated the results of this 
experiment in Figure 9 of NIH grant application P50 AT00151-01, dated 
May 19, 1999, by:
    A. Falsely stating in the associated text that there were ten mice 
per group and that the experiments were repeated once, while in fact, 
there were only five mice per group with no repetition of this 
experiment
    B. Omitting data on the control curve for two of the measurement 
times (at 2 and 3.5 weeks) and falsely reporting the times at which 
three other measurements were taken.
    3. Dr. Nguyen's laboratory conducted a single experiment (1998-99) 
testing the anti-angiogenic effects of Livistona chinensis extract on 
human umbilical vein endothelial cells (HUVEC). HUVEC cells were 
counted from duplicate wells when exposed to extract and controls were 
counted from single wells:
    A. Figure 8 of NIH grant application P50 AT00I51-01, dated 5/19/99, 
plots the data as a bar graph. However, the same data were reported in 
Figure 1 of Oncology Reports 8:1355-1357, 2001, by falsely expressing 
them as the rate of growth obtained by measuring the uptake of 
radioactive thymidine into cellular DNA and plotting the data as 
normalized to control values. UCLA concluded that Figure 1 was 
falsified by claiming the data were obtained by a state-of-the-art 
technique not actually employed by the Respondent to obtain the data 
for that figure (Admission). This falsification did not bear upon the 
findings of the paper.
    4. Dr. Nguyen's laboratory tested whether the levels of bFGF (basic 
fibroblast growth factor) and VEGF (vascular endothelial growth factor) 
in nipple fluid aspirates were significantly elevated in breast cancer 
patients in comparison to values from normal lactating and non-
lactating breasts. Dr. Nguyen falsified the number of subjects who were 
lactating in The Lancet 356:567-569, 2000, by claiming that bFGF data 
were obtained from four separate subjects while in fact the data were 
from both breasts of two subjects.

[[Page 5162]]

    Dr. Nyugen has entered into a Voluntary Settlement Agreement with 
ORI. As part of that Agreement, Dr. Nyugen admits to UCLA's findings of 
fact but denies ORI's findings that the actions rise to the level of 
scientific misconduct. The settlement is not an admission of liability 
on the part of the Respondent. Dr. Nyugen voluntarily agreed, for a 
period of three (3) years, beginning on December 29, 2008:
    (1) Not to serve 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; and
    (2) That although Respondent is not currently engaged in PHS-
supported research, any institution that submits an application for PHS 
support for a research project on which the Respondent's participation 
is proposed or that uses the Respondent in any capacity on PHS 
supported research, or that submits a report of PHS-funded research in 
which the Respondent is involved, must concurrently submit a plan for 
supervision of the Respondent(s duties to the funding agency for 
approval. The supervisory plan must be designed to ensure the 
scientific integrity of the Respondent(s research contribution. 
Respondent agreed to ensure that a copy of the supervisory plan also is 
submitted to ORI by the institution for ORI approval. Respondent agreed 
to not participate in any PHS-supported research until such a 
supervisory plan is submitted to ORI.

FOR FURTHER INFORMATION CONTACT: Director, Division of Investigative 
Oversight, Office of Research Integrity, 1101 Wootton Parkway, Suite 
750, Rockville, MD 20852, (240) 453-8800.

Chris B. Pascal,
Director, Office of Research Integrity.
[FR Doc. E9-1933 Filed 1-28-09; 8:45 am]
BILLING CODE 4150-31-P