For the past 13 years, Daniel J. Feldman never wavered in his belief that federal funds were misused in an AIDS-related fellowship program he participated in.
Last week, the New Hope resident’s struggle to rectify the matter received a boost when a federal appeals court upheld a jury determination that fraud occurred in the administration of the program.
Feldman accused Weill Cornell Medical College and one of its faculty members, Wilfred G. van Gorp, with filing false claims when seeking money for the program from the National Institutes of Health.
In 1997, van Gorp applied to the NIH for a multiyear grant, promising to train post-doctoral fellows at Weill Cornell in the neuropsychology of HIV/AIDS.
The NIH allocated approximately $500,000 for the fellowship program, from funds set aside by Congress for HIV/AIDS research.
As a post-doctorate student at Cornell, Feldman participated in the program from September 1998 to December 1999.
Concerned that the program wasn’t meeting his expectations, Feldman reached out to various people for help, including officials at the NIH.
“The NIH gave Weill Cornell two years to investigate themselves,” Feldman said. “From my perspective, it was a sham investigation. At that point, I needed some kind of vindication. My name was already trashed. The only thing I could do was to expose what was going on, and try to move forward with my career. So I filed suit.”
In 2003, he sued in federal court under a federal whistle-blowing statute known as the False Claims Act.
Feldman alleged that the fellowship program didn’t have the proper faculty members, failed to offer several classes as promised, had few HIV-positive patients to interact with, and veered off into research projects related to aging and epilepsy.
Feldman said he interacted with one HIV/AIDS patient during his 15 months in the program, though he expected to see dozens of such patients.
“I had high hopes the program was going to help me develop a career of personal significance,” Feldman said. “I did learn a lot about forensic neuropsychology, but very little if anything about HIV/AIDS.”
In July 2010, a federal jury in New York found that the defendants submitted false claims to the NIH on three separate occasions from 1999-2001.
The following month, U.S. District Judge William H. Pauley 3rd ordered Weill Cornell and van Gorp to pay $887,714 in restitution.
The defendants appealed the jury verdict, but on Sept. 5 the 2nd Circuit Court of Appeals upheld the verdict.
Feldman and his attorney, Michael J. Salmanson, were elated with the ruling.
“The court independently weighed the evidence and concluded that there was more than sufficient evidence to find fraud,” Salmanson said. “After all these years, we’re extremely gratified that the truth has prevailed.”
He said the two-week jury trial was daunting.
“We were up against a powerful institution,” Salmanson said. “The other side had a lot of bells and whistles. I felt this was a David and Goliath case. David once again prevailed. The truth came out, despite all their attempts to dazzle and distract the jury.”
He’s seeking about $775,000 from Weill Cornell and van Gorp for legal fees and expenses incurred by his law firm, Salmanson Goldshaw P.C., he said.
It’s unclear how much of the restitution will go to Feldman, but he’s expecting to receive at least $100,000 after any taxes are withheld, Feldman said.
Feldman said he was particularly moved by a statement made by Pauley in a 2010 court filing.
“Feldman was as credible and honest a witness as this court has seen,” the judge wrote. “His testimony was compelling. In contrast, van Gorp’s presentation bore indicia of a well-rehearsed performance.”
Feldman said the statement means more to him than any money he might receive.
“I don’t know how much money I’m going to get,” he said. “And I don’t really care. But to have a judge say that — after years of people calling me a troublemaker and frivolous complainant — means much more than any money I might receive.”
Van Gorp declined to be interviewed for this story.
But his attorney, Nina Beattie, issued the following statement: “Dr. van Gorp stated he was extremely proud of the significant HIV research that was undertaken by the fellows as part of their fellowship training in the neuropsychology of HIV/AIDS at Cornell University. This research was presented in professional publications and at professional conferences around the world. All of the fellows who completed the entire fellowship program went on to have successful academic research careers. Many continued their research and work with individuals with HIV and AIDS that they began as part of their fellowship.”
Weill Cornell issued the following statement: “We are disappointed with this [appellate court] decision, and are currently reviewing our options.”
Defendants have until Dec. 5 to appeal to the U.S. Supreme Court.
They have until Sept. 19 to seek reconsideration of the ruling by all 13 judges at the 2nd Circuit Court of Appeals.
Feldman doubts that justice is possible in the case, though he’s optimistic the defendants will be held accountable financially.
“I’ve been demonized to the detriment of my career,” he said. “The fellowship was supposed to be a springboard for my career in clinical research. Instead, it led to me being blackballed and professionally ostracized. I’m not doing clinical research, as I had intended. So in that sense, I doubt there will ever be justice.”
Feldman, 43, lives in New Hope and is establishing a private clinical practice in neurospsychology in the Philadelphia area.
“Basically, I’ll be doing assessments and treatments for people who may have some kind of cognitive difficulty related to disease or trauma,” he said. “I’ll try to help them manage their illness. My practice will have a focus on holistic health: mind, body and spirit wellness.”
He said it’s an uphill battle to develop the practice.
“It’s very hard to generate referrals when you’ve been blackballed by the professionals who trained you — and anyone else who holds them in high regard,” he said.
Still, Feldman doesn’t regret being a whistleblower.
“If you’re going to sign up for a research grant, then you should actually do what you say you’re doing with it,” he said. “Unfortunately, that didn’t happen with the Weill Cornell grant. I hope my efforts will help dissuade other unscrupulous characters from perpetrating similar fraud.”
Salmanson praised his client’s tenacity.
“He’s a hero,” Salmanson said. “Dan did this at huge personal cost. But he refused to give up, no matter what people said about him. And people said some terrible things about him. So I have nothing but the deepest admiration, respect and fondness for Dan. He’s an extraordinary human being.”