New Research Misconduct Rule May Expose, Chill Witnesses
Healthcare attorney Summer Martin was quoted in a Law360 article about the U.S. Department of Health and Human Services' update to its research misconduct rules, aimed at addressing the rise in allegations of data falsification in clinical research. Although the changes are generally viewed as positive by the industry, legal professionals including Ms. Martin have expressed their unease about the provision allowing accused researchers to access witness interview transcripts before investigations are complete, saying it could deter junior scientists from testifying against senior colleagues. She explained that concerns over retaliation or retribution are "very real" in alleged misconduct cases and the transcript issue "can cause attorneys heartburn to think about."
"People are worried about not just minor retaliation but, losing their jobs and harming their reputations within the broader community, within the industry and within the research community," she added.
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