[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Notices]
[Pages 79460-79461]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31160]


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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) has taken final action in the following case:
    Baoyan Xu, M.D., Ph.D., National Heart, Lung, and Blood Institute, 
National Institutes of Health: Based on allegations made by readers of 
a published paper,\1\ additional review by the National Institutes of 
Health (NIH) and ORI, and a limited admission by the Respondent that 
``some better looking strips were repeatedly used as representatives 
for several times [sic],'' ORI found that Dr. Baoyan Xu, formerly a 
Postdoctoral Fellow, Hematology Branch, Systems Biology Center,

[[Page 79461]]

National Heart, Lung, and Blood Institute (NHLBI), NIH, and currently 
at the Institute of Infectious Diseases, Southwest Hospital, Third 
Military Medical University, Chonqing, China, engaged in research 
misconduct in research supported by intramural research at NHLBI, NIH.
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    \1\ Xu, B., Zhi, N., Hu, G., Wan, Z., Zheng, X., Liu, X., Wong, 
S., Kajigaya, S., Zhao, K., Mao, Q., & Young, N.S. ``Hybrid DNA 
virus in Chinese patients with seronegative hepatitis discovered by 
deep sequencing.'' Proc. Natl. Acad. Sci. (US) 110(25):10264-10269; 
hereafter referred to as the ``PNAS paper.''
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    The questioned research involves a Western blot analysis of IgM and 
IgG antibodies from Chinese subjects in patients with non-A-E hepatitis 
and control subjects to test reactivity towards a newly discovered 
virus. Analysis of Figure 6 of the published paper and Figure S4 of the 
online supplemental information identified thirteen pairs of Western 
blot bands which had a common origin yet were labeled as from different 
subjects and usually as detecting a different class of immunoglobulin. 
Specifically the following pairs were shown to match using forensically 
useful tools in Photoshop. Each represent a falsification in one or 
both of the figures as indicated in the table:

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            Identity of strips                       Located in:
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A1 IgM/F1 IgG.............................  Fig. 6 & Fig. S4.
B6 IgM/E1 IgM.............................  Fig. 6 & Fig. S4.
D7 IgM/A11 IgG............................  Fig. 6 & Fig. S4.
G3 IgM/H4 IgG.............................  Fig. S4.
H9 IgM/F4 IgG.............................  Fig. S4.
A4 IgM/E2 IgG.............................  Fig. S4.
A5 IgM/B9 IgM.............................  Fig. S4.
C9 IgG/C6 IgM.............................  Fig. S4.
D11 IgM/H11 IgG...........................  Fig. S4.
D5 IgM/A1 IgG.............................  Fig. S4.
A10 1gM/F7 IgG............................  Fig. S4.
C11 1gM/E9 IgG............................  Fig. 6.
F3 IgG/E9 IgM.............................  F3 in S4/E9 in Fig. 6.
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    The Respondent agreed to correction of Figures 6 and S4 of the PNAS 
paper.
    Dr. Xu has entered into a Voluntary Settlement Agreement and has 
voluntarily agreed for a period of three (3) years, beginning on 
December 6, 2013:
    (1) That prior to the submission of an application for U.S. Public 
Health Service (PHS) support (including NIH support) for a research 
project on which the Respondent's participation is proposed, and prior 
to Respondent's participation in any capacity on PHS-supported 
research, Respondent shall ensure that a plan for supervision of her 
duties is submitted to ORI for approval; the supervision plan must be 
designed to ensure the scientific integrity of Respondent's research 
contribution; Respondent agrees that she shall not participate in any 
PHS-supported research until such a supervision plan is submitted to 
and approved by ORI; Respondent agrees to maintain responsibility for 
compliance with the agreed-upon supervision plan;
    (2) That any institution employing her shall submit, in conjunction 
with each application for PHS funds, or report, manuscript, or abstract 
involving PHS- supported research in which Respondent is involved, a 
certification to ORI that the data provided by Respondent are based on 
actual experiments or are otherwise legitimately derived, that the data 
procedures, and methodology are accurately reported in the application, 
report, manuscript, or abstract, and that the text in such submission 
is her own or properly cites the source of copied language and ideas; 
and
    (3) To exclude herself 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 FURTHER INFORMATION CONTACT: Director, Office of Research 
Integrity, 1101 Wootton Parkway, Suite 750, Rockville, MD 20852, (240) 
453-8800.

David E. Wright,
Director, Office of Research Integrity.
[FR Doc. 2013-31160 Filed 12-27-13; 8:45 am]
BILLING CODE 4150-31-P