Scientists are People - Corrupt and Prejudiced and Greedy - like Everyone Else.
Here is a typical Left-blog hooting at the success of a skeptic obstretician who defeated a defamation claim filed by a researcher whose study the skeptic had criticized. The hooting comes from the fact that the study involved alleged scientific proof that prayer improved the chances of a couple's succesful in-vitro fertilization.
The thrust of the blog's post is that the evil forces of religious credulity have been vanquished once again by the gleaming righteousness of SCIENCE!
With all due respect, whoop-dee-doo.
In California, in this day and age, defending against defamation suits arising from public comments is about as risky as betting on the sun rising in the morning. California has an "Anti-SLAPP" ("Strategic Lawsuit Against Public Participation) statute that puts the burden on the plaintiff to show up front that he has evidence supporting a prima facie case against the defendant. Since an element of a case where there is the privilege of a common interest in a subject matter - as would be the case of a researcher criticizing another scientist's research - is malice, the plaintiff would have to show that the defendant personally had it out for the plaintiff as opposed to having some axe to grind with the plaintiff.
Good luck with showing that.
In fact, according to this source, Flamm prevailed under the Anti-SLAPP suit on the grounds that plaintiff could not prove that the allegedly defamatory statement could not be understood in a non-truthful way.
So, it was a short-putt to victory.
So, the results of the lawsuit show the law doing what it is supposed to do, namely, protecting people who participate in public discussions from lawsuits that are not really, really well-founded.
What is interesting, and what the blogger completely misses, is on how many different levels this episode shows the sordidness and corruption that that we are seeing in climate research and other areas.
Let's count the ways.
First, the paper that kicked off the trip to the Superior Court of the State of California was peer reviewed. According to this interview with the defendant, Dr. Bruce Flamm,
in 2001, the Journal of Reproductive Medicine published a paper titled, "Does prayer influence the success of in vitro fertilization-embryo transfer? Report of a masked, randomized trial."
The Journal of Reproductive Medicine sounds like an official publication targeted to professional in the field of reproductive medicine, the articles for which would be peer reviewed to make sure that they are consistent with the standards and the paradigmatic assumptions of the field. Flamm confirms this:
Q: What was it about this study that got under your skin?
A: As soon as I got that issue of the Journal of Reproductive Medicine I was shocked. It was the lead story in the issue. And it showed a phenomenal change. It wasn't 10 percent or 4 percent of the women becoming more fertile. It was a 100 percent jump. If it were true, it would have changed the whole field of infertility. That's what got my attention. All the doctors I know of in my field were talking about this. They said, "If this is true, it is going to change everything." I have many different colleagues with different religious beliefs. Some were very hopeful that this was a big breakthrough not only in medicine but in spirituality - that prayers could make a difference. But most of my other colleagues were smiling in disbelief, saying this was very odd that this got into a peer-reviewed journal.
Flamm was suspicious, so as he says:
A: Just looking through the methodology, things jumped out. And I noticed right away that one of the authors. Daniel Wirth, wasn't a doctor or a PhD. He was a lawyer. I had never seen that before, a lawyer co-authoring a study in a major research journal. So I Google-searched his name and came up with all sorts of very bizarre things. Paranormal healing research. And therapeutic touch, which doesn't actually involve touch. It's about waving your hand above someone and altering their auras.
Hold the presses! Flamm did what???
He google-searched and discovered that one of the contributors was a lawyer with connections to "paranormal healing research." How difficult is that? And these peer-reviewers are supposed to know who's who in their field and who can be trusted and who needs to really show that they have the goods.
So, why didn't the peer-review process pick this up?
That's a darn good question, and one that someone ought to be asking.
So, that's one buried point that this morality tale of science versus religion has to offer.
Second, there is the corrupt stem cell research angle.
Remember when the good people of California voted to indebt themselves to the tune of $3 Billion dollars now, and $6 billion when it was paid back, for stem cell research under Proposition 71?
Well, it appears that one of the researchers in this prayer study had his nose in that particular trough.
The plaintiff was Kwan-Yul Cha. According to Flamm:
Q: And what about Dr. Cha? He started to have problems after he went after that stem cell grant in California, or was there something before that?
A: At the time the Cha-Lobo-Wirth paper was written, Cha was the head of the Cha Columbia Infertility Center in New York City. It catered to the Korean population and had his picture on the Columbia Web site right next to Lobo's. Soon after the NIH investigation, Lobo was no longer the chairman of the department and the Cha Columbia Infertility Center disappeared.
According to this article, Dr. Cha was in the trough for "seed grant" money under Prop. 71:
The check is not in the mail for La Jolla's Burnham Institute or the CHA Regenerative Medicine Institute of Los Angeles.
Burnham will not be receiving a $638,000 seed grant to fund research that could have led to the creation of new human embryonic stem cell lines, the state stem cell institute revealed yesterday.
And CHA will not be receiving a $2.6 million stem cell cloning grant, the institute said.
And:
The CHA Regenerative Medicine Institute of Los Angeles has withdrawn its application for grant money, said Arlene Chiu, chief scientific officer of the state stem cell institute.
The CHA researchers in Los Angeles wanted funding to make customized nerve cells from patients with Lou Gehrig's disease using human embryonic stem cell lines and a cloning method known as somatic cell nuclear transfer.
The initial approval of CHA's grant request was immediately questioned by taxpayer advocacy groups because of the facility's close ties with a for-profit Korean parent company, CHA Health Systems.
Proposition 71, the state law that created California's stem cell institute and the $3 billion taxpayer-funded research fund it will distribute, requires all grant recipients to be in California.
Meanwhile, CHA's CEO, Kwang Yul Cha, has come under fire as a co-author on a scientific paper that some critics say was identical to one published in a Korean journal. Cha denies any wrongdoing.
I assume that Cha was motivated to sue out of some notion that if he showed everyone that he was really peeved at Flamm's charges, then these other folks - investors, maybe - would believe him when he said they weren't true. Given the fact that Cha apparently had already lost $2.6 million, this would seem to be a financially weighty matter for him.
Third, the wrong lesson has been learned from this experience.
Here is Flamm's press release on the California Supreme Court denying review - the possibility of the Supreme's granting review was the longest of long shots:
Today's ruling is a victory for science and evidence-based medicine. Scientists must be allowed to question bizarre claims. Cha's mysterious study was designed and allegedly conducted by a man who turned out to be a criminal with a 20-year history of fraud. A criminal who steals the identities of dead children to obtain bank loans and passports is not a trustworthy source of research data. Cha could have simply admitted this obvious fact but instead he hired a team of lawyers to punish me for voicing my opinions. Physicians should debate their opinions in medical journals, not in courts of law. Judges have better things to do with their time and taxpayers have better things to do with their money."
I agree with Flamm's point that scientists - heck, anyone - should be allowed to question bizarre claims. I'll even go so far as to say that anyone should have the right to question any damned claim they feel like without being sued.
But Flamm's qualifications of a victory of science and the right to question "bizarre claims" misses the point that this study passed peer review and was sponsored by someone who apparently had enough scientific street cred to get a $2.6 million grant from the State of California. What if this study hadn't been "bizarre"? Would that have made Cha any more reliable or trustworthy? What if he hadn't gone out on a limb with a prayer study and had stayed safely within "science" by cooking research results on more mundane subjects? Would he ever have been found out?
The major motivating reason for Flamm's interest was that Cha's results were problematic in light of Flamm's materialistic presuppositions about reality. This is perfectly fair, albeit shouldn't a scientist be open to experimental confirmation or disconfirmation of his presuppositions?
But what if it was an area that Flamm didn't have any bias against? What if it was a presupposition that Flamm happened to share? Would that research now be upheld as a model of the scientific method? Would Cha be cooking results on $2.6 million of our money?
If Cha got as far as he did with as dodgy a study as he had, how much fraud is being succesfully passed off because it confirms the prejudices and expectations held by the individuals who make up the scientific community?
Who knows? But it does make you think of the embarrassment that is climate research.