In January, we wrote about Heidi Weissman, who was fired from her post in the Department of Radiology at Albert Einstein College of Medicine when she brought charges of plagiarism against her superior, Dr. Leonard Freeman. Despite winning her case on appeal, Dr. Weissman still has not been reinstated and continues to be unable to find a job. She faces financial disaster. The following letter, dated May 1, 1992, from the philanthropic Rita J. and Stanley H. Kaplan Foundation, was signed by over forty leaders in medicine and academe. We think it is important because Weissman's case illustrates the extreme penalties that are exacted against a contemporary woman in science who complains about mistreatment. Resolution of this case, involving an institution that is one of the ten largest recipients of federal research funds, would have both symbolic and tangible impact in restoring Americans' confidence in the ethics and fairness of academic scientific research. This case delineates the simple, but relatively invisible, ways that women are excluded from full participation in the world of grant-making and research, with direct impact on issues of research into areas of particular concern to women. The resolution of this case could also help to mitigate some of the damage that has inevitably been done to other women scientists who, observing Heidi Weissman's fate, may have retreated.
"I have not written to you about Dr. Heidi Weissman's case since 1990. At that time, I enjoined you to help bring about a satisfactory resolution of Dr. Weissman's case. As we all know, litigation of the suit against Dr. Leonard Freeman for plagiarizing Dr. Weissman's 1985 chapter entitled, 'Hepatobiliary Imaging,' resulted in Dr. Weissman winning her case in Appeals Court. The Court found Dr. Freeman guilty of copyright infringement by reason of blatant plagiarism. Dr. Freeman was denied a reconsideration of the decision by the Court of Appeals, and was also denied a hearing en banc by the Court of Appeals. His petition to the Supreme Court was also denied ...
As Board members and faculty members, you have the right to be informed of the next chapter in this still unresolved issue. This is especially important because a number of you have informed me that you have been told that this case was 'resolved to everyone's satisfaction'. This is not so. Dr. Weissman's lawsuit against your institutions is still pending in Federal Court. Furthermore, according to federal regulations, an institution must ensure that the accuser as well as the accused do not suffer professionally. It is clear that your institutions have protected Dr. Freeman. In fact, Dr. Freeman was even promoted to Vice Chairman of the Unified Department of Nuclear Medicine before a university committee had even investigated the [extant] accusation of plagiarism against him by a colleague and even before the court had ruled on the case!
In contrast, the institutions continue to engage in a legal, financial, and emotional war of attrition against Dr. Weissman. At the present time, Einstein/Yeshiva and Montifiore are represented by the following major New York and Washington law firms in various aspects of this case: Weil Gotshal & Manges; Patterson Belknap Webb & Taylor; Proskauer Rose Goetz & Mendelsohn; Cahill Gordon & Reindel; Kramer Levin Nessen Kamin & Frankel; and Arnold and Porter. Is all this expensive legal talent really necessary? More importantly, what does it really say about the tactics being employed against Dr. Weissman? All of this expensive legal talent is arrayed against one individual, Dr. Weissman, who previously brought recognition to the institutions by her research, publications and teaching; who was fired after speaking out against unethical and illegal behavior in her department; and who is now claimed by Montifiore to have 'abandoned' her position.
Dr. Weissman's claims against Dr. Freeman have been upheld in Court and Congress, and the institutions' handling of the matter has been severely criticized by the subcommittee of the Congressional Committee on Government Operations headed by Congressman Ted Weiss. Now, Congressman John Dingell and his subcommittee have initiated scrutiny of the unethical conduct and abdication of professional and institutional responsibility by Einstein/Yeshiva and Montifiore ...
In this time of escalating anti-Semitism and the increased awareness of the issues of sexual discrimination and harassment in our society, it behooves all affiliated with Yeshiva to reevaluate their egregious attempts at litigation by attrition. Furthermore, during this period when all institutions of higher learning face difficulty in raising funds, a prudent organization should want to avoid bad publicity.
I and the following individuals would like to explore the possibility of meeting with the Board to see if we can end this shameful waste and diversion of philanthropic dollars that should rightfully go to medical care, teaching and research instead of underwriting the cost of unethical legal wars of attrition against one Jewish woman physician.
Sincerely, Rita J. Kaplan
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