NOT-OD-01-006: FINDINGS OF SCIENTIFIC MISCONDUCT

Department of Health
and Human Services (HHS)
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FINDINGS OF SCIENTIFIC MISCONDUCT

Release Date:  November 29, 2000

NOTICE:  OD-01-006

Department of Health and Human Services

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:

Evan B. Dreyer, M.D., Ph.D., Massachusetts Eye and Ear Infirmary (MEEI) and 
Harvard Medical School (HMS):  Based on the findings and evidence documented in 
a report by a joint inquiry panel, dated November 17, 1997, and additional 
information obtained by the Office of Research Integrity (ORI) during its 
oversight review, on April 14, 2000, PHS issued its findings that Dr. Dreyer, 
former HMS Associate Professor of Ophthalmology at MEEI, engaged in scientific 
misconduct by falsifying or fabricating experimental results.  These results 
were included in National Institute on Deafness and Other Communication 
Disorders (NIDCD), National Institutes of Health (NIH), grant application K08 
DC00131-01A1.

Specifically, Dr. Dreyer falsified or fabricated experimental results to support 
the hypothesis that elevated levels of the amino acid glutamate play a role in 
Meniere's disease and reported these falsified or fabricated results in six 
documents:

1.  an NIH grant application, K08 DC0013 l-0lA1, "Glutamate toxicity in 
endolymphatic hydrops," submitted to NIH for a Mentored Clinical Scientist 
Development Award in July 1996.  PHS found that the experimental results for 19 
amino acids reported in Table 2 and the text (pp. 58-59) were falsified or 
fabricated.

2.  an abstract, Cliff A. Megerian, M.D., Michael J. McKenna, M.D., Joseph B. 
Nadol, Jr., M.D., and Evan B. Dreyer, M.D., Ph.D.  "Elevated Perilymphatic 
Glutamate and Type-1 Spiral Ganglion Cell Loss in the Hydropic Ear," submitted 
on August 1, 1996, for the Triological Society Eastern Division Meeting 
scheduled for early February 1997.  PHS found that the text reports the same 
falsified or fabricated experimental results for the amino acid glutamate that 
were reported in the K08 DC00131-OlA1 grant application to support the 
conclusion that elevated levels of glutamate may play a  role in Meniere's 
disease.

3.  a manuscript, Cliff A. Megerian, M.D., Michael J. McKenna, M.D., Joseph B. 
Nadol, Jr., M..D., Barbara J. Burgess, B.A., David Zurakowski, Ph.D., and Evan 
B. Dreyer, M..D., Ph.D.  "Elevated Perilymphatic Glutamate and Type-1 Spiral 
Ganglion Cell Loss in the Hydropic Ear."  PHS found that Table 1 and the text 
(pp. 2 and 8) contained the same falsified or fabricated experimental results 
that were reported in the K08 DC00131-OlA1 grant application.

4.  a draft NIH grant application, listing Dr. Dreyer as Principal Investigator, 
in which  Table 2 and the text of the draft NIH grant application contained the 
same experimental results that the PHS found were falsified or fabricated in K08 
DC00131-OlA1.

5.  two computer spreadsheets, which contained the same results that the PHS 
found were falsified or fabricated in the K08 DC00131-OlA1.

6.  magneto-optical computer disk, which contained files with 21 fabricated 
chromatograms of amino acid elution patterns. On January 21, 1997, Dr. Dreyer 
provided the computer disk to MEEI officials in response to requests for the 
primary data and laboratory notebooks supporting the amino acid results reported 
in the documents described above.  On April 7 and May 21, 1997, Dr. Dreyer 
admitted that he fabricated each of the 21 chromatograms.
On May 10, 2000, Dr. Dreyer appealed the proposed PHS findings and 
administrative actions to the HHS Departmental Appeals Board ("DAB"), DAB Docket 
No. A-2000-72.  However, on November 13, 2000, Dr. Dreyer entered into a 
Voluntary Exclusion Agreement (Agreement) with PHS in which he agreed to 
withdraw his appeal of the PHS findings of scientific misconduct against him.
Under the terms of the Agreement, with respect to the items in Paragraphs 1-5, 
Dr.  Dreyer did not admit that he falsified or fabricated the results at issue, 
but he recognized that if the DAB case proceeded to conclusion, there was 
sufficient evidence upon which the DAB may make a finding of scientific 
misconduct.  With respect to the material identified in Paragraph 6, Dr.  Dreyer 
admitted that he fabricated the 21 chromatograms contained in the 
magneto-optical computer disk that he provided to institutional officials after 
questions were raised about his research.  Dr. Dreyer further admitted that the 
fabrication of the data on the disk amounts to scientific misconduct.
Dr. Dreyer has voluntarily agreed for a period of ten (10) years, beginning on 
November 15, 2000, to exclude himself from:  (1) any contracting or 
subcontracting with any agency of the United States Government and from 
eligibility for, of involvement in, nonprocurement transactions (e.g., grants 
and cooperative agreements of the United States Government as defined in 
45 C.F.R. Part 76 (Debarment Regulations); (2) serving as a mentor to any 
graduate student, fellow, or other individual who applies for or receives 
Federal funding; and (3) serving in any capacity to PHS, including but not 
limited to service on any PHS advisory committee, board, and/or peer review 
committee, or as a consultant.

The above voluntary exclusion, however, does not apply to Dr. Dreyer's practice 
of clinical medicine as a licensed practitioner or to Federal funds used for 
purposes of teaching or training medical students, residents, or fellows, in 
clinical medical matters.

FOR FURTHER INFORMATION CONTACT:

Acting Director, Division of Investigative Oversight
Office of Research Integrity
5515 Security Lane, Suite 700
Rockville, MD 20852
(301) 443-5330
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