[Federal Register Volume 77, Number 167 (Tuesday, August 28, 2012)]
[Notices]
[Pages 52034-52035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21236]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


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:
    Shane Mayack, Ph.D., Joslin Diabetes Center: Based on the report of 
an investigation conducted by the Joslin Diabetes Center (Joslin) and 
additional analysis conducted by ORI in its oversight review, ORI found 
that Dr. Shane Mayack, former postdoctoral fellow, Department of 
Developmental and Stem Cell Biology, Joslin, engaged in research 
misconduct in research supported by National Institute of Diabetes and 
Digestive and Kidney Diseases (NIDDK), National Institutes of Health 
(NIH), grants T32 DK07260-29 and P30 DK036836 and the 2008 NIH 
Director's New Innovator Award Program grant DP2 OD004345-01.
    ORI found that Respondent engaged in research misconduct involving 
two (2) published papers:

 Mayack, S.R., Shadrach, J.L., Kim, F.S., & Wagers, A.J. 
``Systemic signals regulate ageing and rejuventation of blood stem cell 
niches.'' Nature 463:495-500, 2010.
 Mayack, S.R., & Wagers, A.J. ``Osteolineage niche cells 
initiate hemotopoietic stem cell mobilization.'' Blood 112:519-531, 
2008.

    As a result of Joslin's investigation, both Nature 463:495-500, 
2010 (hereafter referred to as the ``Nature paper'') and Blood 112:519-
531, 2008 (hereafter referred to as the ``Blood paper'') have been 
retracted by the corresponding author.
    Specifically, ORI found that:
     Respondent falsely represented von Kossa-stained bone 
nodule images in two (2) published papers:
    a. Figure 2B in the Blood paper was copied from an unrelated 
published experiment in Figure 3, J Orth Surg Res 1:7, 2006, and was 
used to falsely represent Respondent's own experiment for bone nodules 
formed in cultured osteoblastic niche cells.
    b. Figure S2c in the Nature paper was copied from an online image 
for an unrelated experiment (at http://skeletalbiology.uchc.edu/30_ResearchProgram/304_gap/3042_Lineage%20in%20Vitro/3042_01_aCellCult.htm#mCOB) and was

[[Page 52035]]

used to falsely represent Respondent's own experiment for bone nodules 
formed in osteoblastic niche cells from young and aged mice.
     Respondent falsely represented eight (8) flow cytometry 
contour plots as different experimental results by using identical 
plots but with different labels and different numerical percentages. 
Specifically, the following contour plots in the Blood paper, the 
Nature paper, an earlier version of the Nature paper submitted to 
Science (hereafter referred to as the ``Science manuscript''), and a 
July 2008 PowerPoint presentation were identical but were labeled 
differently:

a. Panels 4 and 2 in Figure 6C, Blood paper, and panels 1 and 2, 
respectively, in supplementary Figure 3b, Nature paper
b. Panel 3 in Figure 6C, Blood paper, and panel 1 in Figure 2, July 
2008 PowerPoint presentation
c. Panels 1 and 2, Figure 2b, Science manuscript, and panels 2 and 3, 
respectively, in Figure 2, July 2008 PowerPoint presentation
d. Panels 2, 3, and 4, supplemental Figure 4A, Blood paper, and panels 
3, 1, and 2, respectively, in Figure 4B, Science manuscript

    Both the Respondent and HHS want to conclude this matter without 
further expenditure of time or other resources and have entered into a 
Voluntary Settlement Agreement to resolve this matter. Respondent 
neither admits nor denies ORI's finding of research misconduct. This 
settlement does not constitute an admission of liability on the part of 
the Respondent. Dr. Mayack has voluntarily agreed:
    (1) If within three (3) years from the effective date of the 
Agreement, Respondent does receive or apply for U.S. Public Health 
Service (PHS) support, Respondent agrees to have her research 
supervised for a period of three (3) years beginning on the date of her 
employment in a research position in which she receives or applies for 
PHS support and to notify her employer(s)/institution(s) of the terms 
of this supervision; Respondent agrees that prior to the submission of 
an application for PHS 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 Respondent's 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) If within three (3) years from the effective date of the 
Agreement, Respondent does receive or apply for PHS support, Respondent 
agrees 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 and that the 
data, procedures, and methodology are accurately reported in the 
application, report, manuscript, or abstract; 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 a period of three (3) years, beginning on July 27, 2012.

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. 2012-21236 Filed 8-27-12; 8:45 am]
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