NIH AIDS Division Director Fired Possible Retaliation for Whistleblowing - July 11, 2005 Vol.6, No.14

July 11, 2005 Vol.6, No.14:

Published: 07/11/2005

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NIH AIDS Division Director Fired Possible Retaliation for Whistleblowing

Dr. Jonathan Fishbein, a National Institutes of Health (NIH) researcher and director of the AIDS research division's Office of Policy in Clinical Research Operations, blew the whistle on poor scientific practices and inappropriate, unprofessional conduct by the department. NIH fired Fishbein on July 1 citing poor job performance, in what some believe to be retaliation. A review report for the NIH director's office confirms many of the issues that Fishbein raised about the agency's AIDS research division, adding to the speculation that his dismissal constituted a retaliatory action.

Fishbein disclosed that the agency failed to enforce rules regarding good clinical practices in AIDS drug trials in Uganda. He directed his criticism at extensive standards violations by researchers and an attempted cover-up by NIH officials.

An August 2004 report that reviewed the AIDS division, obtained by the Associated Press, supports Fishbein's description of the division. The report calls the department a "troubled organization" and found that its managers have engaged in unnecessary feuding, sexually explicit language and other inappropriate conduct.

Sens. Charles E. Grassley (R-IA) and Max Baucus, (D-MT), the chairman of the Senate Finance Committee and ranking minority member respectively, are questioning Fishbein's dismissal. In a letter dated June 30 to NIH Director Elias A. Zerhouni, Grassley and Baucus demanded an explanation for the firing of Fishbein. The letter also noted that retaliation against an employee for reporting misconduct is "unacceptable, illegal and violates the Whistleblower Protection Act."