[Federal Register Volume 75, Number 131 (Friday, July 9, 2010)]
[Notices]
[Pages 39530-39531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16824]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Findings of Research 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:
    Gerardo L. Paez, PhD, University of Pennsylvania: Based on the 
reports of an inquiry and an investigation conducted by the University 
of Pennsylvania (UP) and analysis conducted by the ORI Division of 
Investigative Oversight (DIO), ORI found that Gerardo L. Paez, PhD, 
former postdoctoral fellow, Section of Medical Genetics, UP School of 
Veterinary Medicine, engaged in research misconduct in research 
supported by National Eye Institute (NEI), National Institutes of 
Health (NIH), awards R01 EY06855 and R01 EY13132.
    ORI found that the Respondent engaged in research misconduct by 
falsifying and fabricating retinal gene profile data that he 
purportedly obtained from three-week old normal dogs and dogs with X-
linked progressive retinal atrophy.
    Specifically, ORI found that:
    1. Respondent committed research misconduct by falsifying/
fabricating data for gene expression profiles in retinal tissue from 
three-week old normal dogs and dogs with X-linked progressive retinal 
atrophy in abstracts and poster presentations for the 2006 \1\ and 2007 
\2\ Association for Research in Vision and Ophthalmology (ARVO) 
meetings and in an unsubmitted manuscript draft.\3\
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    \1\ Paez, G.L., Zangerl, B., Acland, G.M., & Aguirre, G.D. 
``Abnormal gene expression profile in retinas with RPGR frameshift 
mutation.''
    \2\ Paez, G.L., Zangerl, B., Acland, G.M., & Aguirre, G.D. 
``Photoreceptor degeneration and tumor suppressor gene expression in 
canine retinas with RGR frameshift mutation.''
    \3\ Paez, G.L., Zangerl, B., Acland, G.M., & Aguirre, G.D. 
``Age-related changes in the transcriptional profile of normal and 
XLPRAII retinas using a custom cDNA microarray.''
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    2. Respondent falsely labeled data files in the UP bioinformatics 
core computer and submitted falsely identified files to his research 
mentors.
    Dr. Paez has entered into a Voluntary Settlement Agreement in which 
he has voluntarily agreed, for a period of three (3) years, beginning 
on June 9, 2010:
    (1) To exclude himself from serving in any advisory capacity to 
PHS, including

[[Page 39531]]

but not limited to service on any PHS advisory committee, board, and/or 
peer review committee, or as a consultant;
    (2) that any institution that submits an application for PHS 
support for a research project on which the Respondent's participation 
is proposed or that uses him in any capacity on PHS-supported research, 
or that submits a report of PHS-funded research in which he is 
involved, must concurrently submit a plan for supervision of his duties 
to the funding agency for approval; the supervisory plan must be 
designed to ensure the scientific integrity of his research 
contribution. A copy of the supervisory plan also must be submitted to 
ORI by the institution. Respondent agreed that he will 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.

John Dahlberg,
Director, Division of Investigative Oversight, Office of Research 
Integrity.
[FR Doc. 2010-16824 Filed 7-8-10; 8:45 am]
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