I suggest the learned gentleman re-read the article and reply with a quote that shows the Chronicle of Higher Education or the reporter is making the allegation of fraud rather than the company, Onconome. The allegation is clearly attributed to the company (the plaintiff). The story likewise details some of the reasons why the company feels it has been mistreated, and it offered the chance for all defendants to comment.

If you perceive any dearth of balance, that dearth is due to the fact that all of the defendants declined to comment. Their decision is no reason to hold the story until more facts come to light -- if that was the case, the public would be denied knowledge of much important information (such as the notion that cigarettes cause cancer) until the lawyers have all had their say. All too often, what they say will never be available to the public -- too much important information on matters like consumer and occupational safety gets buried in confidential settlements of lawsuits such as this.

The original subject line of this thread, "falsifying results in clinical research, why so common?" says more about the mindset of the original poster than it does about the quality or ethics of journalism. The report itself doesn't say falsification of research results is common; in fact, the lede says that such lawsuits are quite rare.

I as the learned gentleman: What essential facts are missing that would justify holding this story? Speaking of missing information, without specifying what is missing, brings up the spectre of straw-men. (Note that I concede the reporter should have specified something about where and when the lawsuits were filed. The failure to do so is sloppy reporting and/or editing -- as a former copy editor, I know that it is sometimes the editor's fault.)

It may be true that the company's lawsuit lacks merit. Only time and jurisprudence will tell. If the lawsuit proves meritless, the researcher's reputation will have unnecessarily suffered, but the legal victory will do much to redeem it. But if the plaintiff prevails, and no one reported on the suit until after it is over, I can see people justifiably criticizing the press for its reluctance to hold the rich and powerful institutions of Johns Hopkins and Pitt accountable.

In this case, no verification will likely be possible until the trial, and even if the allegations seem to have merit based on the evidence presented, the press and public may never learn of the allegations nor of their validity if the case is settled confidentially. I'm not a fan of confidential settlements myself, especially in medical matters like this, as such secrecy may cost lives. But I don't control the legal system.

To further push what appears to be your analogy, should the press have refrained from reporting on the activities of a certain Mr. John Gotti until AFTER he was convicted of various racketeering charges? Gotti was a murderer, either directly or indirectly by giving the order to kill, but from your argument it would seem the press should remain silent on the activities of the Cosa Nostra until one of its members is convicted of the crime, then the press should discuss only the specific crime.

DISCLAIMER: I am not equating Getzenberg with Gotti, nor am I saying Getzenberg did anything wrong, but I am pushing the implications of Mr. Tyson's call for verification before publication to one of its logical conclusions given the realities of the legal system and the press.

The reporter did all the verification needed -- she verified the lawsuits had been filed. Remember that the lawsuits themselves are news, and potentially important news. The resolution of those lawsuits (regardless of who prevails) will likewise be news, and I hope that the Chronicle will have the institutional memory to publish follow-up reports as the legal wrangling develops.

The learned gentleman misunderstood my comment on paying for the paper. There is no straw-man -- I am not accusing him of stealing extra copies of newspapers from the boxes on the corner. I am speaking of a time-honored fact of journalistic life: "All the news that fits." (The Rolling Stone gets it right, not The New York Times.) Adding complete references takes space (in print), or time (in broadcast). Both are limited resources. Do we want to waste the space or time with information most readers have no need nor interest in seeing? Or do we make intelligent decisions on what matters most to most news consumers. A reference list at the end of an article is a waste, and a potentially expensive one given the cost of paper and ink and the limited time in the day. (Try writing for radio, it is an exercise in figuring out what is REALLY important.)

Even in the relatively unconstrained environment of online media, the references have to compete for the reader's attention with navigation bars, images, ads, etc.

I will point out that the story in question did provide links to other sources (Johns Hopkins's press release and a commentary on the wisdom of issuing the release). It does not link to the documents filed as part of the lawsuit because those documents are not readily available. While they are public documents, they are not freely available on the Web. To access the filings in the Pitt federal suit, one has to have access to the PACER database, and they still have to pay to print or even download documents from it. Even then, I don't think the documentary evidence for either the plaintiff's case or the defendants' case would be available -- only the documents containing the legal arguments could be accessed, if I remember correctly.

A lot of things are killing newspapers, not just tradition. I would say it's more than "kinda" sad, but I suspect we are both in substantial agreement here.

Dave

P.S. One other fact of print journalism life: to add one page to accommodate extra information, one has to add a minimum of two, and more often than not four. That adds substantial cost to the printing of an edition.

Wayne Tyson wrote:
Ecolog:

I'm happy to hear that Lawrence doesn't stick to journalism. While I appreciate his impromptu lesson (I can always improve my journalistic skills), I respectfully submit the following:

1. Ipso facto, the CHE article did, at the very least, IMPLY that the allegations were true, by virtue of the fact that so many interpreted it that way ("falsifying results in clinical research, why so common?"), and the piece lacked the usual qualifiers.

2. I have no quarrel with the fact that the lawsuit was reported, only with the fact that facts were missing, leaving the reader to presume (increasingly ill-justified in this blogged-up avalanche of rumor and innuendo that passes for "news" these days) that falsification of data "probably" occurred in this case. At the very least, the lust for scooping gratification should be held off until some verification can be done and cited. Clearly, news judgment suffered. Not that the possibility or probability that some fakery has occurred, but that since "the ripple effects could prove devastating to researchers' ability to fund research," people should not go off half-cocked.

3. Good journalism eschews straw-man fallacies, above all--above all. Nowhere did I say or imply that I did not want to pay for the paper. CHE, for example, is at liberty to charge as much (to libraries and to individuals) as it wishes, and can thus confine its readership to a narrow elite or a broad population--if that is its goal (which it apparently is not). I do want to pay for at least one good paper; I will go to the library or the Internet for the rest. Or, as in this case, I will merely attempt to respond to a post on a listserv. Nowhere did I express an opinion regarding the guilt or innocence of the charged parties; on the contrary, I urged that judgment be reserved.

4. Tradition is killing "traditional" newspapers, and it's kinda sad. That's my opinion, not necessarily a "fact."

WT

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