Findings of Research Misconduct, 46891-46892 [2024-11829]
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Federal Register / Vol. 89, No. 105 / Thursday, May 30, 2024 / Notices
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[FR Doc. 2024–11787 Filed 5–29–24; 8:45 am]
BILLING CODE 4150–38–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Office of the Secretary
Findings of Research Misconduct
Office of the Secretary, HHS.
Notice.
AGENCY:
ACTION:
Findings of research
misconduct have been made against
Darrion Nguyen (Respondent), who was
formerly a Laboratory Technician,
Division of Pediatric Neurology and
Developmental Neuroscience, Baylor
College of Medicine (BCM). Respondent
engaged in research misconduct in
research supported by U.S. Public
Health Service (PHS) funds, specifically
Office of the Director (OD), National
Institutes of Health (NIH), grant DP5
OD026428–01 and National Institute of
Neurological Disorders and Stroke
(NINDS), NIH, grant K12 NS098482–01.
The questioned research was included
in a PHS-funded research project
progress report (RPPR), specifically DP5
OD026428–04 submitted to OD, NIH.
The administrative actions, including
supervision for a period of three (3)
years, were implemented beginning on
May 14, 2024, and are detailed below.
FOR FURTHER INFORMATION CONTACT:
Sheila Garrity, JD, MPH, MBA, Director,
Office of Research Integrity, 1101
Wootton Parkway, Suite 240, Rockville,
MD 20852, (240) 453–8200.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that the Office of Research
Integrity (ORI) has taken final action in
the following case:
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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20:03 May 29, 2024
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Darrion Nguyen, Baylor College of
Medicine (BCM): Based on the report of
an investigation conducted by BCM and
additional analysis conducted by ORI in
its oversight review, ORI found that Mr.
Darrion Nguyen (Respondent), former
Laboratory Technician, Division of
Pediatric Neurology and Developmental
Neuroscience, BCM, engaged in research
misconduct in research supported by
PHS funds, specifically OD, NIH, grant
DP5 OD026428–01 and NINDS, NIH,
grant K12 NS098482–01. The
questioned research was included in a
PHS-funded RPPR, specifically DP5
OD026428–04 submitted to OD, NIH.
ORI found that Respondent engaged
in research misconduct by intentionally,
knowingly, or recklessly falsifying and/
or fabricating experimental data and
results that were included in the
following one (1) RPPR, one (1)
presentation, one (1) poster, six (6)
research records, and two (2) figures of
a prospective manuscript:
• DP5 OD026428–04, ‘‘Illuminating
GABAergic Signaling in
Neurodevelopmental Disorders,’’
submitted to OD, NIH, on July 12, 2021
(hereafter referred to as ‘‘DP5
OD026428–04’’).
• Elucidating the role of EBF3
haploinsufficiency in HADD syndrome
pathogenesis. Jan and Dan Duncan
Neurological Research Institute Seminar
(NRI) Series, January 6, 2020 (hereafter
referred to as ‘‘NRI Seminar 2020’’).
• Elucidating the role of EBF3
haploinsufficiency in 10q26 deletion
and HADD syndrome pathogenesis.
Poster presentation, Baylor College of
Medicine—Texas Children’s Hospital
Pediatric Research Symposium, March
24, 2020 (hereafter referred to as ‘‘Poster
2020’’).
• Research Record ‘‘2019–5–1_
Cerebellar PC Dens_P0.xlsx’’ (hereafter
referred to as ‘‘RR1 2019’’).
• Research Record ‘‘2019–6–27_
Cerebellar PC Dens_P0.xlsx’’ (hereafter
referred to as ‘‘RR2 2019’’).
• Research Record ‘‘2019–5–1_P0
Cerebellum Quants.pzfx’’ (hereafter
referred to as ‘‘RR3 2019’’).
• Research Record ‘‘2019–5–21_DNCohort5 (Analyzed).xlsx’’ (hereafter
referred to as ‘‘RR4 2019’’).
• Research Record ‘‘2019–8–28_
Partition-Cohorts 1, 2, 3, 4, 5, 6.pzfx’’
(hereafter referred to as ‘‘RR5 2019’’).
• Research Record ‘‘2019–12–11_
Dystonia.xlsx’’ (hereafter referred to as
‘‘RR6 2019’’).
• ‘‘Fig1—GeneratingNullLines.v5.tif’’
(hereafter referred to as ‘‘PM Figure 1’’)
and ‘‘Fig3—Behavior.v6.png’’ (hereafter
referred to as ‘‘PM Figure 3’’) in a
prospective manuscript with working
title ‘‘Ebf3 haploinsufficiency perturbs
PO 00000
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Sfmt 4703
46891
cerebellar development and complex
behaviors’’ (hereafter referred to as the
‘‘manuscript’’).
Specifically, ORI found that
Respondent intentionally, knowingly, or
recklessly falsified and/or fabricated:
• the Purkinje Cell (PC) density
measurements in the cerebellum lobes
of newborn (P0) wild-type (WT) and
Early B Cell Factor 3 heterozygous
(Ebf3∂/¥) mice in RR1 2019, RR2 2019,
RR3 2019, and Slide 24 of NRI Seminar
2020 by copying and pasting
measurement values collected from the
histology sections of the brain from a
single mouse to falsely represent the
data measurements as from the brains of
three (3) mice;
• the measurements of the distance
between the anchor points in the
cerebellum lobes of P0 WT and Ebf3∂/¥
mice in RR1 2019, RR2 2019, and RR3
2019 by copying and pasting
measurement values collected from the
histology sections of the brain from a
single mouse to falsely represent the
data measurements as from the brains of
three (3) mice;
• the measurements of
phosphorylated Histone 3 (PH3)
positive neurons in the cerebellum lobes
of P0 WT and Ebf3∂/¥ mice in RR1
2019, RR2 2019, RR3 2019, and Slide 28
of NRI Seminar 2020 by copying and
pasting measurement values collected
from the histology sections of the brain
from a single mouse to falsely represent
the data measurements as from the
brains of three (3) mice;
• the external granule layer (EGL)
thickness measurements in the
cerebellum lobes of P0 WT and Ebf3∂/¥
mice in RR1 2019, RR2 2019, and RR3
2019 by copying and pasting
measurement values collected from the
histology sections of the brain from a
single mouse to falsely represent the
data measurements as from the brains of
three (3) mice;
• the manual scoring of the social
interaction behavior of Cohort 5 mice in
a three-chamber assay in RR4 2019 by
copying and pasting the manually
scored social interaction behavior
values from Cohort 4 mice;
• the interaction data of male mice by
inserting fabricated and/or falsified
values for two (2) mice that had not
been collected as part of the experiment
in RR5 2019, Slide 44 of NRI Seminar
2020, Figure F in the ‘‘Motor
Incoordination and Altered Social
Behavior’’ section of Poster 2020, PM
Figure 3 of the manuscript, and Figure
6E of DP5 OD026428–04;
• the number of mice used in the
Western blot analysis for the expression
of Ebf3 protein in Ebf3¥/¥ mice in PM
Figure 1B(iv) of the manuscript, Figure
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ddrumheller on DSK120RN23PROD with NOTICES1
46892
Federal Register / Vol. 89, No. 105 / Thursday, May 30, 2024 / Notices
4A(iii) of DP5 OD026428–04, Slide 16 of
NRI Seminar 2020, and Figure C(i) of
the ‘‘Generation and Characterization of
Ebf3Null Alleles’’ section of Poster
2020; specifically, Western blot data
from three (3) mice were falsely
represented as data from five (5) mice;
• the hindlimb splay measurements
of Ebf3∂/∂ and Ebf3∂/¥ mice in RR6
2019 and Figure 4D(ii) of DP5
OD026428–04 by changing the severity
score of the splay measurements in male
and female mice to falsely show
enhanced severity of the dystonia
symptoms in Ebf3∂/¥ mice;
Respondent entered into a Voluntary
Settlement Agreement (Agreement).
Respondent neither admits nor denies
ORI’s findings of research misconduct.
This settlement is not an admission of
liability on the part of Respondent.
Respondent voluntarily agreed to the
following:
(1) Respondent will have his research
supervised for a period of three (3) years
beginning on May 14, 2024 (the
‘‘Supervision Period’’). Prior to the
submission of an application for PHS
support for a research project on which
Respondent’s participation is proposed
and prior to Respondent’s participation
in any capacity in PHS-supported
research, Respondent will submit a plan
for supervision of Respondent’s duties
to ORI for approval. The supervision
plan must be designed to ensure the
integrity of Respondent’s research.
Respondent will not participate in any
PHS-supported research until such a
supervision plan is approved by ORI.
Respondent will comply with the
agreed-upon supervision plan.
(2) The requirements for Respondent’s
supervision plan are as follows:
i. A committee of 2–3 senior faculty
members at the institution who are
familiar with Respondent’s field of
research, but not including
Respondent’s supervisor or
collaborators, will provide oversight and
guidance for a period of three (3) years
from the effective date of the
Agreement. The committee will review
primary data from Respondent’s
laboratory on a quarterly basis and
submit a report to ORI at six (6) month
intervals setting forth the committee
meeting dates and Respondent’s
compliance with appropriate research
standards and confirming the integrity
of Respondent’s research.
ii. The committee will conduct an
advance review of each application for
PHS funds, or report, manuscript, or
abstract involving PHS-supported
research in which Respondent is
involved. The review will include a
discussion with Respondent of the
primary data represented in those
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20:03 May 29, 2024
Jkt 262001
documents and will include a
certification to ORI that the data
presented in the proposed application,
report, manuscript, or abstract are
supported by the research record.
(3) During the Supervision Period,
Respondent will ensure that any
institution employing him submits, 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 and that the data,
procedures, and methodology are
accurately reported and not plagiarized
in the application, report, manuscript,
or abstract.
(4) If no supervision plan is provided
to ORI, Respondent will provide
certification to ORI at the conclusion of
the Supervision Period that his
participation was not proposed on a
research project for which an
application for PHS support was
submitted and that he has not
participated in any capacity in PHSsupported research.
(5) During the Supervision Period,
Respondent will exclude himself
voluntarily from serving in any advisory
or consultant capacity to PHS including,
but not limited to, service on any PHS
advisory committee, board, and/or peer
review committee.
Dated: May 23, 2024.
Sheila Garrity,
Director, Office of Research Integrity, Office
of the Assistant Secretary for Health.
[FR Doc. 2024–11829 Filed 5–29–24; 8:45 am]
BILLING CODE 4150–31–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
National Institute of Allergy and
Infectious Diseases; Notice of Closed
Meeting
Pursuant to section 1009 of the
Federal Advisory Committee Act, as
amended, notice is hereby given of the
following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
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would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Institute of
Allergy and Infectious Diseases Special
Emphasis Panel; Stimulating Access to
Research in Residency (StARR) (R38
Independent Clinical Trial Not Allowed).
Date: July 15, 2024.
Time: 10:00 a.m. to 2:00 p.m.
Agenda: To review and evaluate grant
applications.
Place: National Institute of Allergy and
Infectious Diseases, National Institutes of
Health, 5601 Fishers Lane, Room 3G22,
Rockville, MD 20852 (Video Assisted
Meeting).
Contact Person: Richard G. Kostriken,
Ph.D., A.B., B.A., Scientific Review Officer,
Scientific Review Program, Division of
Extramural Activities, National Institute of
Allergy and Infectious Diseases, National
Institutes of Health, 5601 Fishers Lane, Room
3G22, Rockville, MD 20852, 240–669–2075,
richard.kostriken@nih.gov.
(Catalogue of Federal Domestic Assistance
Program Nos. 93.855, Allergy, Immunology,
and Transplantation Research; 93.856,
Microbiology and Infectious Diseases
Research, National Institutes of Health, HHS)
Dated: May 24, 2024.
Lauren A. Fleck,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2024–11857 Filed 5–29–24; 8:45 am]
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National Institutes of Health
National Center for Complementary &
Integrative Health; Notice of Closed
Meeting
Pursuant to section 1009 of the
Federal Advisory Committee Act, as
amended, notice is hereby given of the
following meeting.
The meeting will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: National Center for
Complementary and Integrative Health
Special Emphasis Panel; Exploratory Clinical
Trials of Mind and Body Interventions (MB).
Date: June 27–28, 2024.
Time: 2:00 p.m. to 5:00 p.m.
Agenda: To review and evaluate grant
applications.
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]]>Agencies
[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Pages 46891-46892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11829]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Findings of Research Misconduct
AGENCY: Office of the Secretary, HHS.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Findings of research misconduct have been made against Darrion
Nguyen (Respondent), who was formerly a Laboratory Technician, Division
of Pediatric Neurology and Developmental Neuroscience, Baylor College
of Medicine (BCM). Respondent engaged in research misconduct in
research supported by U.S. Public Health Service (PHS) funds,
specifically Office of the Director (OD), National Institutes of Health
(NIH), grant DP5 OD026428-01 and National Institute of Neurological
Disorders and Stroke (NINDS), NIH, grant K12 NS098482-01. The
questioned research was included in a PHS-funded research project
progress report (RPPR), specifically DP5 OD026428-04 submitted to OD,
NIH. The administrative actions, including supervision for a period of
three (3) years, were implemented beginning on May 14, 2024, and are
detailed below.
FOR FURTHER INFORMATION CONTACT: Sheila Garrity, JD, MPH, MBA,
Director, Office of Research Integrity, 1101 Wootton Parkway, Suite
240, Rockville, MD 20852, (240) 453-8200.
SUPPLEMENTARY INFORMATION: Notice is hereby given that the Office of
Research Integrity (ORI) has taken final action in the following case:
Darrion Nguyen, Baylor College of Medicine (BCM): Based on the
report of an investigation conducted by BCM and additional analysis
conducted by ORI in its oversight review, ORI found that Mr. Darrion
Nguyen (Respondent), former Laboratory Technician, Division of
Pediatric Neurology and Developmental Neuroscience, BCM, engaged in
research misconduct in research supported by PHS funds, specifically
OD, NIH, grant DP5 OD026428-01 and NINDS, NIH, grant K12 NS098482-01.
The questioned research was included in a PHS-funded RPPR, specifically
DP5 OD026428-04 submitted to OD, NIH.
ORI found that Respondent engaged in research misconduct by
intentionally, knowingly, or recklessly falsifying and/or fabricating
experimental data and results that were included in the following one
(1) RPPR, one (1) presentation, one (1) poster, six (6) research
records, and two (2) figures of a prospective manuscript:
DP5 OD026428-04, ``Illuminating GABAergic Signaling in
Neurodevelopmental Disorders,'' submitted to OD, NIH, on July 12, 2021
(hereafter referred to as ``DP5 OD026428-04'').
Elucidating the role of EBF3 haploinsufficiency in HADD
syndrome pathogenesis. Jan and Dan Duncan Neurological Research
Institute Seminar (NRI) Series, January 6, 2020 (hereafter referred to
as ``NRI Seminar 2020'').
Elucidating the role of EBF3 haploinsufficiency in 10q26
deletion and HADD syndrome pathogenesis. Poster presentation, Baylor
College of Medicine--Texas Children's Hospital Pediatric Research
Symposium, March 24, 2020 (hereafter referred to as ``Poster 2020'').
Research Record ``2019-5-1_Cerebellar PC Dens_P0.xlsx''
(hereafter referred to as ``RR1 2019'').
Research Record ``2019-6-27_Cerebellar PC Dens_P0.xlsx''
(hereafter referred to as ``RR2 2019'').
Research Record ``2019-5-1_P0 Cerebellum Quants.pzfx''
(hereafter referred to as ``RR3 2019'').
Research Record ``2019-5-21_DN-Cohort5 (Analyzed).xlsx''
(hereafter referred to as ``RR4 2019'').
Research Record ``2019-8-28_Partition-Cohorts 1, 2, 3, 4,
5, 6.pzfx'' (hereafter referred to as ``RR5 2019'').
Research Record ``2019-12-11_Dystonia.xlsx'' (hereafter
referred to as ``RR6 2019'').
``Fig1--GeneratingNullLines.v5.tif'' (hereafter referred
to as ``PM Figure 1'') and ``Fig3--Behavior.v6.png'' (hereafter
referred to as ``PM Figure 3'') in a prospective manuscript with
working title ``Ebf3 haploinsufficiency perturbs cerebellar development
and complex behaviors'' (hereafter referred to as the ``manuscript'').
Specifically, ORI found that Respondent intentionally, knowingly,
or recklessly falsified and/or fabricated:
the Purkinje Cell (PC) density measurements in the
cerebellum lobes of newborn (P0) wild-type (WT) and Early B Cell Factor
3 heterozygous (Ebf3+/-) mice in RR1 2019, RR2 2019, RR3
2019, and Slide 24 of NRI Seminar 2020 by copying and pasting
measurement values collected from the histology sections of the brain
from a single mouse to falsely represent the data measurements as from
the brains of three (3) mice;
the measurements of the distance between the anchor points
in the cerebellum lobes of P0 WT and Ebf3+/- mice in RR1
2019, RR2 2019, and RR3 2019 by copying and pasting measurement values
collected from the histology sections of the brain from a single mouse
to falsely represent the data measurements as from the brains of three
(3) mice;
the measurements of phosphorylated Histone 3 (PH3)
positive neurons in the cerebellum lobes of P0 WT and
Ebf3+/- mice in RR1 2019, RR2 2019, RR3 2019, and Slide 28
of NRI Seminar 2020 by copying and pasting measurement values collected
from the histology sections of the brain from a single mouse to falsely
represent the data measurements as from the brains of three (3) mice;
the external granule layer (EGL) thickness measurements in
the cerebellum lobes of P0 WT and Ebf3+/- mice in RR1 2019,
RR2 2019, and RR3 2019 by copying and pasting measurement values
collected from the histology sections of the brain from a single mouse
to falsely represent the data measurements as from the brains of three
(3) mice;
the manual scoring of the social interaction behavior of
Cohort 5 mice in a three-chamber assay in RR4 2019 by copying and
pasting the manually scored social interaction behavior values from
Cohort 4 mice;
the interaction data of male mice by inserting fabricated
and/or falsified values for two (2) mice that had not been collected as
part of the experiment in RR5 2019, Slide 44 of NRI Seminar 2020,
Figure F in the ``Motor Incoordination and Altered Social Behavior''
section of Poster 2020, PM Figure 3 of the manuscript, and Figure 6E of
DP5 OD026428-04;
the number of mice used in the Western blot analysis for
the expression of Ebf3 protein in Ebf3-/- mice in PM Figure
1B(iv) of the manuscript, Figure
[[Page 46892]]
4A(iii) of DP5 OD026428-04, Slide 16 of NRI Seminar 2020, and Figure
C(i) of the ``Generation and Characterization of Ebf3Null Alleles''
section of Poster 2020; specifically, Western blot data from three (3)
mice were falsely represented as data from five (5) mice;
the hindlimb splay measurements of Ebf3+/+ and
Ebf3+/- mice in RR6 2019 and Figure 4D(ii) of DP5 OD026428-
04 by changing the severity score of the splay measurements in male and
female mice to falsely show enhanced severity of the dystonia symptoms
in Ebf3+/- mice;
Respondent entered into a Voluntary Settlement Agreement
(Agreement). Respondent neither admits nor denies ORI's findings of
research misconduct. This settlement is not an admission of liability
on the part of Respondent. Respondent voluntarily agreed to the
following:
(1) Respondent will have his research supervised for a period of
three (3) years beginning on May 14, 2024 (the ``Supervision Period'').
Prior to the submission of an application for PHS support for a
research project on which Respondent's participation is proposed and
prior to Respondent's participation in any capacity in PHS-supported
research, Respondent will submit a plan for supervision of Respondent's
duties to ORI for approval. The supervision plan must be designed to
ensure the integrity of Respondent's research. Respondent will not
participate in any PHS-supported research until such a supervision plan
is approved by ORI. Respondent will comply with the agreed-upon
supervision plan.
(2) The requirements for Respondent's supervision plan are as
follows:
i. A committee of 2-3 senior faculty members at the institution who
are familiar with Respondent's field of research, but not including
Respondent's supervisor or collaborators, will provide oversight and
guidance for a period of three (3) years from the effective date of the
Agreement. The committee will review primary data from Respondent's
laboratory on a quarterly basis and submit a report to ORI at six (6)
month intervals setting forth the committee meeting dates and
Respondent's compliance with appropriate research standards and
confirming the integrity of Respondent's research.
ii. The committee will conduct an advance review of each
application for PHS funds, or report, manuscript, or abstract involving
PHS-supported research in which Respondent is involved. The review will
include a discussion with Respondent of the primary data represented in
those documents and will include a certification to ORI that the data
presented in the proposed application, report, manuscript, or abstract
are supported by the research record.
(3) During the Supervision Period, Respondent will ensure that any
institution employing him submits, 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 and that the data,
procedures, and methodology are accurately reported and not plagiarized
in the application, report, manuscript, or abstract.
(4) If no supervision plan is provided to ORI, Respondent will
provide certification to ORI at the conclusion of the Supervision
Period that his participation was not proposed on a research project
for which an application for PHS support was submitted and that he has
not participated in any capacity in PHS-supported research.
(5) During the Supervision Period, Respondent will exclude himself
voluntarily from serving in any advisory or consultant capacity to PHS
including, but not limited to, service on any PHS advisory committee,
board, and/or peer review committee.
Dated: May 23, 2024.
Sheila Garrity,
Director, Office of Research Integrity, Office of the Assistant
Secretary for Health.
[FR Doc. 2024-11829 Filed 5-29-24; 8:45 am]
BILLING CODE 4150-31-P
