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Documents
 
 
 
  • Official Business Card, Jonathan Kagan, Deputy Director, DAIDS


    (Note: the graphic used on the business card is composed of the NIAID symbol enclosed inside the emblem of the rock music group, the Grateful Dead)

 

Fishbein Vindicated In NIH Director’s Report

Senior Advisor to Director (Ruth Kirschstein) to Deputy Director, NIH, Management Review, Report, Complaint No. NIAID 2004-0004, August 9, 2004.

Vindicated! This report, prepared at the direction of Elias A. Zerhouni, M.D., Director, NIH, vindicates Jonathan M. Fishbein, M.D. of wrongdoing and describes the NIH Division of AIDS (DAIDS) as “a troubled organization.” Dr. Zerhouni knowingly withheld this vital document from Congress for nearly a year while allowing NIH officials to continue unjustified termination proceedings against Dr. Fishbein. Senator Arlen Specter, Chairman, U.S. Senate Labor, HHS Appropriations subcommittee requested information on the Fishbein case in a July 3, 2004 letter. Dr. Zerhouni responded to Chairman Specter in a September 14, 2004 letter, never informing him that his own internal review had found Fishbein’s allegations of misconduct at DAIDS to be credible and his termination unwarranted. NIH hid this favorable report from Dr. Fishbein and his lawyer even though it should have been produced through both the FOIA process and the EEO discovery process.

 
Sexual Harassment and Reprisal at NIH
  • In Oct. 2003, Dr. Jonathan Kagan, the deputy director for NIH's AIDS division, sent an email to colleagues showing a woman's exposed breast. click here
  • A deposition by NIH employee Mary Ann Luzar that details Kagan's alleged behavior, from kissing subordinates to using profanity. click here
  • In a June 2003 email exchange with Dr. Jonathan Fishbein ostensibly about the arrival of a new Blackberry wireless device, Kagan jokingly warns Fishbein not to use it at an upcoming rock concert - suggesting instead the use of drug paraphernalia. click here

http://wid.ap.org/documents/nih/research.html

 
Fishbein Praised for Work Performance
  • An award to Fishbein, signed by NIH allergy and infectious disease chief Anthony Fauci, for "outstanding contributions and efforts" in November of 2003. click here
  • A confidential Feb. 4, 2004 memo from Fishbein to Dr. Tramont, the AIDS Division head, regarding Deputy Director Jonathan Kagan. Fishbein blasts Kagan for "berating" him on managerial style issues, playing the staff off against one another, and creating a hostile work environment. click here
  • A response from Tramont to Fishbein, dated Feb. 14, 2004, explaining why Kagan was chosen for the job. He also praises Fishbein for bringing positive change to the division. click here
  • An e-mail exchange beginning Feb. 12, 2004, which initiates with Kagan asking whether Fishbein was serving a probationary period. Staffers reply that he is on a two-year probation, reminding Kagan that Fishbein is up for an award. "If you are thinking about moving on termination you may want to pull the award recommendation," NIH staffer Robert Hockensmith advises. click here
  • Further e-mail traffic among Kagan, Tramont and others about how to fire Fishbein. Tramont notes that "we are going to have to have ironclad documentation" to make the termination stick. click here

http://wid.ap.org/documents/whistleblower.html

 
AIDS Drug Risks
  • A nine-page letter send by the Department of Health and Human Services Office for Human Research Protections outlining problems which it said showed that HHS violated federal rules and patient protections. click here
  • The Uganda site audit report by Westat Corp., paid by the NIH. The report notes among other things that several "adverse events...may not have been collected or reported in a timely manner." click here
  • Shorthand minutes from a meeting on March 1, 2002 among top officials at the NIH as they reviewed the findings of auditors and doctors who had visited the Ugandan test site. click here
  • A report Dr. Tramont put out summarizing the March 2002 Westat audit, pointing out that there is "no evidence that the study's scientific results are invalid." click here
  • A report by drugmaker Boehringer Ingelheim critical of the Uganda trials. Of special note is the hand-written instruction on the first page by an NIH official directing the report "to be destroyed when audit is upon us."
    click here

http://wid.ap.org/nevirapine1.html

 
NIH Coverup
  • A note by Dr. Edmund Tramont to his subordinates, noting his concern that safety monitors critical of the Uganda trial might not understand AIDS and that some leniency should be given to a black-run clinic in Africa in the midst of an AIDS epidemic. click here
  • An excerpt from an E-mail from Dr. Tramont noting the importance of encouraging the fight against AIDS "especially when the president is about to visit them." click here
  • A response to Tramont's letter by his top deputy, AIDS Division Deputy Director Jonathan Kagan, who warns against being "motivated by political gains."
    click here
  • By 2003, Tramont sought to put to rest debate about the practices and results of the Uganda trial. He told staff that any further review "would be beyond reason." click here
  • A report by Dr. Betsy Smith reaffirmed most of the safety concerns of the first two audits. She made a sweeping condemnation of the Uganda trial, noting "incomplete or inadequate safety reporting" and patient records "of poor quality and below expected standards of clinical research." click here
  • The same report as re-written by Dr. Tramont; this report removes Smith's concerns and arrives at a different conclusion. click here

http://wid.ap.org/documents/nevirapine2.html

 
Death in Memphis
  • An E-mail exchange on Aug. 8, 2003, between NIH AIDS Division chief Dr. Edmund Tramont and NIH's Dr. Jonathan Fishbein about Tennessee patient Joyce Anne Hafford's death from liver failure during a nevirapine trial. Tramont ascribes the death to "dumd [sic] docs" who failed to take the patient off nevirapine amid signs of liver failure. click here
  • The official case review, which notes that the Memphis hospital failed to review lab results which would have shown liver failure starting well before Hafford's death. click here
  • A new warning on nevirapine, issued by the NIH's Pediatric AIDS Clinical Trials Group (PACTG) to researchers in late August 2003 after Hafford's death, detailing liver complications that could arise from use of the drug.
    click here

http://wid.ap.org/documents/nevirapine3.html