[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Notices]
[Page 48747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23046]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Findings of Scientific Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

-----------------------------------------------------------------------

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:
    Nagendra S. Ningaraj, PhD, Vanderbilt University School of 
Medicine: Based on the reports of an investigation conducted by 
Vanderbilt University School of Medicine (VUSM) and additional analysis 
by the Division of Investigative Oversight (DIO), ORI, in its oversight 
review, found that Nagendra S. Ningaraj, PhD, former Associate 
Professor of Neurological Surgery and Cancer Biology, VUSM, engaged in 
scientific misconduct by falsifying MALDI-MS images and mass spectral 
tracings and associated text in Figure 21 reported in National Cancer 
Institute (NCI), National Institutes of Health (NIH), grant application 
1 U54 CA119421-01 and by falsifying MALDI-MS images in a presentation 
during the American Association for Cancer Research (AACR) meeting held 
on April 16-20, 2005, which cited support from NCI, NIH, grants R25 
CA92943 and P50 CA098131.
    Specifically, ORI found that:
    1. Respondent reversed the images for the control and minoxidil-
treated brains in Figure 21 of the 1 U54 CA119421-01 grant application, 
claiming that minoxidil increased delivery of Gleevec to the tumor. 
Respondent also reversed the same images in a presentation during the 
AACR meeting in April 2005.
    2. In Figure 21 of the 1 U54 CA119421-01 grant application, 
Respondent reported mass spectral tracings as having been obtained from 
brain tumors in Gleevec-treated mice that had been pretreated with 
minoxidil, while in fact they were pretreated with another potassium 
channel opener, NS1619, and Respondent falsely stated the minoxidil 
pretreatment caused an 8-fold increase in Gleevec delivery to brain 
tumors (compared to non-minoxidil pretreated tumors).
    3. Respondent further falsified Figure 21 of the 1 U54 CA119421-01 
grant application by juxtaposing the reversed MALDI-MS images (obtained 
with mioxidil) with the mass spectral tracings (obtained with NS1619) 
in the same figure and by failing to report that the images and spectra 
in the figure were actually obtained in totally different experiments, 
performed on different dates and with different K\+\ agonist 
pretreatments.
    Dr. Ningaraj has entered into a Voluntary Settlement Agreement in 
which he has voluntarily agreed, for a period of three (3) years, 
beginning on August 31, 2009:
    (1) To be prohibited 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;
    (2) That any institution that submits an application for PHS 
support for a research project on which the Respondent's participation 
is proposed or which uses him in any capacity on PHS-supported research 
or that submits a report of PHS-funded research on which he is involved 
must submit a plan for supervision of his duties to the funding agency 
for approval no later than a month before the scheduled funding; 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 agrees that he will not 
participate in any PHS-supported research until such a supervisory plan 
is submitted to ORI; and
    (3) Respondent will ensure that any institution employing him 
submits, in conjunction with each application for PHS funds or any 
report, manuscript, or abstract of PHS-funded research in which he is 
involved, a certification that the data provided by him are based on 
actual experiments or are otherwise legitimately derived and that the 
data, procedures, and methodology are accurately reported in the 
application or report. Respondent must ensure that the institution send 
the certification to ORI. The certification shall be submitted no later 
than one month before funding and concurrently with any report, 
manuscript, or abstract.

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. E9-23046 Filed 9-23-09; 8:45 am]
BILLING CODE 4150-31-P