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Retraction Watch

Tracking retractions as a window into the scientific process

Court dismisses lawsuit by XMRV-chronic fatigue syndrome researcher


A California court has dismissed virologist Judy Mikovits’s lawsuit against fourteen people and two Nevada corporations, in part because she failed to submit necessary documents on time.

Mikovits is the author on a now-retracted Science paper suggesting a link between a virus known as XMRV and chronic fatigue syndrome, which has no known cause. She alleged that she was fired from the Whittemore-Peterson Institute for blowing the whistle on her former colleague’s activities, and that the defendants then colluded to imprison and defame her.

The court dismissed her case last Wednesday. According to the court minutes,

perhaps because of the convoluted nature of the alleged conspiracy, Plaintiff has failed to articulate a short and plain statement of her claim, establish jurisdiction over out-of-state defendants, or comply with the Court’s orders despite several opportunities to do so.

Further, Mikovits submitted her opposition to the defendants’ motion to dismiss too late:

In her untimely opposition, Plaintiff essentially concedes that there is no present basis for personal jurisdiction over the remaining defendants and requests that the Court forestall the present motions to allow discovery…

The court documents make for a good read — for instance, in one of the defendants’ documents, they argue:

Mikovits has failed to heed this Court’s warnings about how to go about prosecuting this case. Her complaints and her opposition papers continue to read like novels, replete with unsubstantiated factual and legal theories.

As baseball’s spring training approaches, we are again reminded that “three strikes and you’re out.” Mikovits has tried three times to plead around obvious problems like the statute of limitations and personal jurisdiction. And this time she has added insult to injury by failing to timely oppose the pending motions. Enough is enough.



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