WASHINGTON -- Thousands of federal doctors and medical researchers who receive some of the highest salaries in government don't enjoy the same protections to blow the whistle on wrongdoing as other civil servants, a judge has ruled.
Administrative Judge Raphael Ben-Ami of the U.S. Merit Systems Protection Board ruled recently that Dr. Jonathan Fishbein, a National Institutes of Health specialist, could not seek the board's protection from firing under the Whistleblower Protection Act.
Fishbein was hired by NIH in 2003 to help improve AIDS research practices. He alleges he is being fired because he uncovered concerns about sloppy research practices that might endanger patient safety.
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Fishbein is a "Title 42" employee and is paid $178,000 a year, slightly more than the $175,700 that members of President Bush's Cabinet receive.
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"This is a major setback for drug safety," said Kris Kolesnik, the center's executive director. "Many of these employees, such as Dr. Fishbein, hold sensitive health and safety related positions. Without protections, these employees will not blow the whistle."
The Associated Press reported last week that Fishbein was among several NIH employees who raised concerns in 2002 about a study in Africa involving the AIDS drug nevirapine.
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