Dr. Judy Stone has posted Part 4 of her Scientific American blog series on the death of Dan Markingson in the CAFE study. You can read it here.
An especially relevant point in her post is this:
"University counsel Mark Rotenberg skillfully and disingenuously
proclaimed of reviewers, “None found fault with the University. None
found fault with any of our faculty.” This is true—but only as far as it
like Carl Elliott before me, have not been able to find anything from
the Attorney General’s office that exonerates the university.
In fact the Attorney General’s office clearly had concerns about the case. For one, the Board
of Social Work, which issued the corrective action against Ms. Kenney,
was represented by Assistant Attorney General Benjamin R. Garbe.
They cited her undertaking tasks beyond the scope of practice of a
social worker—but this was clearly done with Dr. Olson’s knowledge and
Attorney General Michael Vanselow also wrote Mary Weiss, “We are also
willing to work with you and Jim Gottstein in regard to drafting some
proposed legislation to address some of the systemic problems that
contributed to your son’s death.” Such legislation was passed in
2009 and is known as “Dan’s Law.” This law prohibits recruiting most
patients who are under a commitment agreement into clinical trials.
IRB was not exonerated either. More accurately, a District Court “judge
ruled in a partial summary judgment that the university IRB was
‘statutorily immune from liability.’”