1999 - Volume 2 - Journal of Engineered Fibers and Fabrics

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Directors Corner THE DIRECTOR’S CORNER INJ DEPARTMENTS A few years ago there was considerable concern about the possibility of electromagnetic radiation fields causing human cancers. The primary concern focused on high power transmission cables that frequently traverse residential areas. Many people were concerned that living under or around high powered transmission lines was injurious to health, particularly the health of children. As a result, there was considerable government-sponsored research to determine the reality of this concern and to quantify the risks involved. One particular study provided considerable fuel for this controversy and resulted in numerous expensive actions taken as a precautionary measure. The study was produced by a scientist named Richard Liburdy; in it, he stated that he had proved a link between high voltage lines and cellular changes in the body that could lead to cancer. This resulted in an acceleration of research devoted to the topic, despite the fact that many other studies, particularly those emanating from Europe indicating that no relationship existed. Shortly after the study received wide circulation, a whistleblower told the Federal Government, which had funded this particular research, that Liburdy had manipulated his data. The Office of Research Integrity, a NON-COMPLIANCE CORRELATION EPA Act Non-Compliance Events CAA — Clean Air Act 0% CERCLA — Comprehensive Environmental Response, 9% Compensation and Liability Act (Superfund) CWA — Clean Water Act 29% EPCRA — Emergency Planning and Community Right-to-Know Act 7% RCRA — Resource Conservation & Recovery Act 23% TSCA — Toxic Substances Control Act 12% bureau within the U.S. Department of Health and Human Services that monitors many federally funded research projects investigated. Further examination revealed that Liburdy had discarded data in preparing a graph for his publication which did not fall on the line purporting to support the hypothesis. In fact, further examination revealed that Liburdy had used only 7% of the data generated during his studies. As a result, Liburdy requested of the scientific journals that had published his work that three key file:///D|/WWW/inda/subscrip/inj99_2/direct.html (1 of 7) [3/21/2002 5:00:56 PM]
Directors Corner paragraphs be rescinded. Despite this action Liburdy claimed that he had done nothing wrong. However, he did leave the Department of Energy’s Lawrence Berkeley National Laboratory, where he was employed, and he has lost a portion of the $3.3 million grant from The National Institutes of Health, Department of Energy and Department of Defense. During and since these investigations, other studies have been published, all of which confirm the fact that there is no link between the electromagnetic radiation field and living organisms. Unfortunately, Mr. Liburdy’s deception kept the unfortunate myth alive for a period of time and fostered many actions of "prudent avoidance;" the latter term has been concocted to mean that if there is even a hint of health problem, play it safe and avoid exposure. As a recent article in the Wall Street Journal points out (Wall Street Journal, July 27, 1999) prudent avoidance "constitutes a rejection of science and a triumph of fear over reason" and, as physicist David Hafemeister of California Polytechnics State University notes, "prudent avoidance is a delight for plaintiff lawyers since it is essentially a conclusion that the danger is probable." In this case prudent avoidance resulted in massive expenditures in many different areas and conditions. Unfortunately, researchers seeking additional government funds know that research results which promote the concept that a growing problem exists can help assure a continuation of grants. This has resulted in what some critics have called "regulatory science." Unfortunately, the Liburdy episode has not done much to discourage this viewpoint. Although the falsification of data by Mr. Liburdy was exposed in 1995 he remained on the job until this past May. His "punishment" for his unscientific behavior consisted of an agreement that he would not apply for more Federal grants for a period of three years. Science in the Courtroom In recent years there has been considerable concern about the impact of science in litigation and in the courtroom environment. Unfortunately, many examples exist where testimony offered in court cases have been labeled as "science," but has failed to meet the standards normally expected of a scientific discipline. In some cases, the deviation from scientific principles has been appalling. As Supreme Court Justice Stephen Breyer wrote in an opinion last year: "Society is becoming more dependent for its well being on scientifically complex technology, so, to an increasing degree, this technology underlies legal issues of importance to all of us." Because of this increasing importance of science in the courtroom, attention has been focused on ways to insure that only the highest standards are employed in such contributions. The Supreme Court of the U.S. has made it very clear that the judges themselves are responsible for the accuracy and reliability of scientific evidence presented in their courtrooms. There have been several recent cases adjudicated by The Supreme Court that has stressed the absolute necessity to keep junk science out of technical testimony. While there can be widespread agreement on the objective, the means to accomplishing this goal can be difficult delineate. Some judges have enlisted the use of independent experts. The judge in the silicone breast implant case, for example, appointed a four-member panel of independent experts to help him sort through the science. An encouraging approach to develop a system that insures the highest scientific standards in the file:///D|/WWW/inda/subscrip/inj99_2/direct.html (2 of 7) [3/21/2002 5:00:56 PM]
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1999 - Volume 2 - Journal of Engineered Fibers and Fabrics

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