Former Researcher Sues University

A former Harvard Medical School (HMS) instructor is suing the University for breaching her employment contract, defaming her name in the academic community and causing her "emotional distress."

Both sides have submitted statements to Middlesex Superior Court, and the case, filed last December, has not yet gone to court. The plaintiff, Dinah K. Bodkin, has demanded monetary compensation for all professional and personal damage--an amount initially estimated at $450,000.

While working as a researcher at Brockton/West Roxbury Veterans Administration Medical Center (BWRVA), one of the hospitals affiliated with HMS, Bodkin began to question the accuracy of experiments performed by a co-researcher in her laboratory.

Within a year of her complaint, Bodkin said, the head of the laboratory chose not to renew her annual contract. She alleged that this was in retaliation for her speaking out and claimed that her termination violates a stated University policy.

Harvard denied responsibility for the termination, saying that Bodkin was an employee of the hospital, not the University.

Although HMS and BWRVA investigations concluded there was no scientific misconduct, Denise A. Chicoine, Bodkin's attorney, said the case stands whether or not the research actually was flawed.

The Road to Conflict

In April 1994 Bodkin started working in Associate Professor of Medicine Kenneth A. Bauer's laboratory on a project funded by a three-year grant, studying the genetics of factor VII hemophilia. One other researcher, Arnold A. Arbini, was working with them.

Bodkin said she raised doubts about the validity of Arbini's research after he made his first public presentation of his work during a faculty seminar in April 1995. At the time, Bauer and Arbini were preparing to submit the data for publication.

In her complaint, Bodkin questioned the methodology and conclusions of Arbini's research.

"In November 1995, Dr. Bodkin reviewed her co-worker's research manuscript and discovered the presen- tation of the data in the manuscript wasinaccurate and misleading," the complaint reads."Dr. Bodkin advocated certain changes to themanuscript to make it conform to acceptedprinciples of scientific research, but Dr.Bodkin's co-worker refused to make the changes."

In an interview Friday, Bodkin claimed thatArbini failed to follow correct scientificprocedure, drawing his conclusions fromexperiments performed for different lengths oftime.

Arbini, however, said all of his experimentsran for the same lab time. "It was just a bigmisunderstanding," he said.

An HMS panel convened after Bodkin filed aformal complaint with HMS and found Arbiniinnocent of scientific misconduct. But the paneldid urge the lab to "keep better track of data,"said HMS Director of Public Affairs Donald L.Gibbons.

Arbini said he admits his mistake, but said theincomplete recording had no effect on theconclusions of the research.

"[For] the exact experiment that I decided touse, I did not enter the date or all of the exactconditions in my notebook," he said. "The onlyreason for that was inexperience."

For his part, Bauer acknowledged that theexperiment was "not well recorded" but said thesewould not affect the science of the paper.

"There were problems with the documentation ofthe details," he said. "The conclusions werevalid."

Bauer and Arbini performed the experimentsagain 1996 and received the same results. "Theoriginal results were validated," he said.

According to the complaint, Bodkin gave aletter to Bauer on Nov. 13, alerting him to thealleged inaccuracies, which, the complaint states,he said he would look into before publishing thearticle.

"In late November 1995, Dr. Bodkin learned thather co-worker's research manuscript had beensubmitted for publication without the necessarychanges to make it conform to accepted principlesof scientific research," the complaint reads.

Bauer denied that the published paper advancedany inaccurate conclusions.

"These have been published," he said in aninterview Friday. "The published data stand...thescience is valid."

On Dec. 8, 1995 Bodkin filed a formal charge ofmisconduct with HMS.

Less than a week later, according to thecomplaint filed with the court, Bauer terminatedBodkin's employment at the BWRVA "in retaliationfor Dr. Bodkin's written disclosure of unethicalpractices in the Bauer laboratory."

The Charges

"My position is that my termination waswhistleblower retaliation," Bodkin said. "IfHarvard had come to the correct conclusion [intheir investigation of my termination] and upheldtheir responsibility to a whistleblower, thenthere would be no damage to my career."

Bodkin said the University looked into hertermination the following year and determined thatit had nothing to do with whistle blowing. Bodkinthen asked a separate agency, the U.S. Office ofthe Special Counsel, to begin an investigationinto her termination. The investigation is stillunder way, according to Bodkin.

Bodkin's charges against the University focusmainly on its alleged failure to uphold the"Faculty Policies on Integrity in Science," an HMScode of conduct at the time. She claimed that thepolicy offered to protect "whistleblowers" fromretaliation for revealing the unethical practicesof others.

"Defendant Harvard's 'Faculty Policies onIntegrity in Science' imposed an affirmative dutyon all faculty members, trainees and students,including Dr. Bodkin, to maintain standards ofscientific practice 'consonant with science of thehighest integrity," the complaint reads. "[and] toreport violations of the 'Faculty Policies onIntegrity in Science."

According to the complaint, this policy puts acontractual obligation on HMS to protect allmembers of its faculty, trainees and students from"adverse employment actions taken in reprisal forreporting violations" of the policy.

Bodkin has filed six counts against Harvard:breach of contract, breach of the covenant of goodfaith and fair dealing, tortious interference withcontractual relations, negligent emotionaldistress, breach of fiduciary duty and negligentsupervision and negligent retention.

Harvard breached its contract by failing toprevent her termination at the lab, by removingher from her position as a faculty member and byfailing to prevent other retaliatory conduct byBauer, according to the complaint.

Bodkin said the University's failure to enforceits policy has destroyed her career.

"I have made efforts to find work and friendsof mine have made efforts and that has led nowhere," Bodkin said.

Harvard's Defense

Harvard's main defense is to deny jurisdictionover Bodkin's employment.

Kimberly S. Budd, Harvard's attorney in chargeof the case, said Bodkin's position does not fallwithin Harvard's domain.

"She wasn't Harvard's employee and neither wasDr. Bauer," Budd said. "The [Department of]V[eteran's] A[ffairs] is a government agency andwe can't control what they do."

But, while Bodkin's salary did not come fromthe University, she performed duties for HMS.

When the teaching hospital hired Bodkin in 1992she automatically became an HMS instructor,although Gibbons said her appointment to theHarvard faculty was contingent on her remaining atthe BWRVA post.

Bodkin said her salary was paid jointly by theBWRVA and the National Institutes of Health. "Shehad a Harvard appointment as do several thousandpeople at Boston hospitals," Gibbons said. "Theyare appointed to the department at the school, andthey have complete academic responsibilities.

Bodkin's contract with the lab was renewed on ayearly basis.

"When I left it was at the end of myappointment but there was an understanding that aslong as my grant was funded my appointment wouldbe renewed every year," Bodkin said.

But Bauer said there was no such agreement."She had a term appointment at the VA and her termappointment ended," he said.

The Integrity of the Research

After Bodkin filed charges of scientificmisconduct with HMS, an HMS panel spent nearlynine months on its inquiry, which eventuallyexonerated Arbini.

In February, the Department of Veterans'Affairs also launched an investigation in responseto letters form Bodkin's representative, BarneyFrank '61 (D-Mass.), and the non-profit governmentwatch-dog group, the Project on GovernmentOversight (PGO).

In a letter to John Feussner, chief researchand development officer for the VA headquarters,Frank wrote "it is my impression that Ms. Bodkinand Ms. [Danielle] Brain [executive director ofthe PGO] make a persuasive case that theDepartment ought to conduct an investigation intothe project in question."

According to the letter, Brian met withAssociate Vice President for Government, Communityand Public Affairs Jane H. Corlette about thecase. "She related to me that as Harvard did notmake a finding of misconduct, the University wasunable to discuss the case with us. She encouragedme to bring our concerns to the Department ofVeterans' Affairs," the letter said.

Bodkin said the VA investigation determinedthat there was no scientific misconduct.

She said she and the PGO intend to continue topursue the allegations.

She has been working with Senator John Kerry'soffice but said `it's not clear that they willcontinue to support the case.

In an interview Friday, Bodkin claimed thatArbini failed to follow correct scientificprocedure, drawing his conclusions fromexperiments performed for different lengths oftime.

Arbini, however, said all of his experimentsran for the same lab time. "It was just a bigmisunderstanding," he said.

An HMS panel convened after Bodkin filed aformal complaint with HMS and found Arbiniinnocent of scientific misconduct. But the paneldid urge the lab to "keep better track of data,"said HMS Director of Public Affairs Donald L.Gibbons.

Arbini said he admits his mistake, but said theincomplete recording had no effect on theconclusions of the research.

"[For] the exact experiment that I decided touse, I did not enter the date or all of the exactconditions in my notebook," he said. "The onlyreason for that was inexperience."

For his part, Bauer acknowledged that theexperiment was "not well recorded" but said thesewould not affect the science of the paper.

"There were problems with the documentation ofthe details," he said. "The conclusions werevalid."

Bauer and Arbini performed the experimentsagain 1996 and received the same results. "Theoriginal results were validated," he said.

According to the complaint, Bodkin gave aletter to Bauer on Nov. 13, alerting him to thealleged inaccuracies, which, the complaint states,he said he would look into before publishing thearticle.

"In late November 1995, Dr. Bodkin learned thather co-worker's research manuscript had beensubmitted for publication without the necessarychanges to make it conform to accepted principlesof scientific research," the complaint reads.

Bauer denied that the published paper advancedany inaccurate conclusions.

"These have been published," he said in aninterview Friday. "The published data stand...thescience is valid."

On Dec. 8, 1995 Bodkin filed a formal charge ofmisconduct with HMS.

Less than a week later, according to thecomplaint filed with the court, Bauer terminatedBodkin's employment at the BWRVA "in retaliationfor Dr. Bodkin's written disclosure of unethicalpractices in the Bauer laboratory."

The Charges

"My position is that my termination waswhistleblower retaliation," Bodkin said. "IfHarvard had come to the correct conclusion [intheir investigation of my termination] and upheldtheir responsibility to a whistleblower, thenthere would be no damage to my career."

Bodkin said the University looked into hertermination the following year and determined thatit had nothing to do with whistle blowing. Bodkinthen asked a separate agency, the U.S. Office ofthe Special Counsel, to begin an investigationinto her termination. The investigation is stillunder way, according to Bodkin.

Bodkin's charges against the University focusmainly on its alleged failure to uphold the"Faculty Policies on Integrity in Science," an HMScode of conduct at the time. She claimed that thepolicy offered to protect "whistleblowers" fromretaliation for revealing the unethical practicesof others.

"Defendant Harvard's 'Faculty Policies onIntegrity in Science' imposed an affirmative dutyon all faculty members, trainees and students,including Dr. Bodkin, to maintain standards ofscientific practice 'consonant with science of thehighest integrity," the complaint reads. "[and] toreport violations of the 'Faculty Policies onIntegrity in Science."

According to the complaint, this policy puts acontractual obligation on HMS to protect allmembers of its faculty, trainees and students from"adverse employment actions taken in reprisal forreporting violations" of the policy.

Bodkin has filed six counts against Harvard:breach of contract, breach of the covenant of goodfaith and fair dealing, tortious interference withcontractual relations, negligent emotionaldistress, breach of fiduciary duty and negligentsupervision and negligent retention.

Harvard breached its contract by failing toprevent her termination at the lab, by removingher from her position as a faculty member and byfailing to prevent other retaliatory conduct byBauer, according to the complaint.

Bodkin said the University's failure to enforceits policy has destroyed her career.

"I have made efforts to find work and friendsof mine have made efforts and that has led nowhere," Bodkin said.

Harvard's Defense

Harvard's main defense is to deny jurisdictionover Bodkin's employment.

Kimberly S. Budd, Harvard's attorney in chargeof the case, said Bodkin's position does not fallwithin Harvard's domain.

"She wasn't Harvard's employee and neither wasDr. Bauer," Budd said. "The [Department of]V[eteran's] A[ffairs] is a government agency andwe can't control what they do."

But, while Bodkin's salary did not come fromthe University, she performed duties for HMS.

When the teaching hospital hired Bodkin in 1992she automatically became an HMS instructor,although Gibbons said her appointment to theHarvard faculty was contingent on her remaining atthe BWRVA post.

Bodkin said her salary was paid jointly by theBWRVA and the National Institutes of Health. "Shehad a Harvard appointment as do several thousandpeople at Boston hospitals," Gibbons said. "Theyare appointed to the department at the school, andthey have complete academic responsibilities.

Bodkin's contract with the lab was renewed on ayearly basis.

"When I left it was at the end of myappointment but there was an understanding that aslong as my grant was funded my appointment wouldbe renewed every year," Bodkin said.

But Bauer said there was no such agreement."She had a term appointment at the VA and her termappointment ended," he said.

The Integrity of the Research

After Bodkin filed charges of scientificmisconduct with HMS, an HMS panel spent nearlynine months on its inquiry, which eventuallyexonerated Arbini.

In February, the Department of Veterans'Affairs also launched an investigation in responseto letters form Bodkin's representative, BarneyFrank '61 (D-Mass.), and the non-profit governmentwatch-dog group, the Project on GovernmentOversight (PGO).

In a letter to John Feussner, chief researchand development officer for the VA headquarters,Frank wrote "it is my impression that Ms. Bodkinand Ms. [Danielle] Brain [executive director ofthe PGO] make a persuasive case that theDepartment ought to conduct an investigation intothe project in question."

According to the letter, Brian met withAssociate Vice President for Government, Communityand Public Affairs Jane H. Corlette about thecase. "She related to me that as Harvard did notmake a finding of misconduct, the University wasunable to discuss the case with us. She encouragedme to bring our concerns to the Department ofVeterans' Affairs," the letter said.

Bodkin said the VA investigation determinedthat there was no scientific misconduct.

She said she and the PGO intend to continue topursue the allegations.

She has been working with Senator John Kerry'soffice but said `it's not clear that they willcontinue to support the case.