Witness Testimony
Dr. Lance A. Liotta M.D.,Ph.D.
Chief of the Laboratory of Pathology National Cancer Institute 10 Center Drive
Building 10 - Magnuson CC
Bethesda, MD, 20892-1500
NIH Ethics Concerns: Consulting Arrangements and Outside Awards.
Subcommittee on Oversight and Investigations
May 18, 2004
10:00 AM
Thank you Chairman Greenwood and Members of the Committee for the opportunity
to appear before you today to discuss my role as a scientist at the NIH and my
various collaborative efforts.
I grew up loving science. My father was a science high school teacher. Both
of my parents encouraged my inquisitiveness and creativity. I began inventing
things at an early age. By college I was spending my summers working and
inventing solutions for the Dupont Corporation at its Experimental Station in
Wilmington, Delaware. I have always had a passion to be an inventor, and today I
have over 80 patents and patents pending, which list me as an inventor.
My interest in medical diagnostics and pathology began during my undergraduate
years (1965-1969). At that time I began doing research that led to patents for
diagnostic test technology for infectious disease, as well as, general blood and
body fluid testing methodologies. While in medical school, I was employed part
time as a medical laboratory technician for the medical student health clinic. I
was responsible for blood, culture and urine analysis, including the report
generation. This training allowed me to gain exposure and expertise within the
broad field of diagnostic testing methodology, and pathology diagnostic service
labs.
I received my Ph.D. in Biomedical Engineering from Case Western Reserve
University ("CWRU") in 1974. Two years later, I graduated from CWRU's
M.D./Ph.D. program with my M.D. My Ph.D. work focused on mathematical modeling
and experimental analysis of cancer invasion and metastasis. Cancer metastasis
is the very definition of malignancy and causes this disease to be lethal. My
Ph.D. allowed me to gain broad expertise in instrumentation, computer
algorithms, mathematical modeling, and experimental animal models of cancer and
analysis of clinical pathologic material. The results of my research convinced
me that a major medical need was an improved understanding of when and why
cancer becomes malignant. Because I was enrolled in the M.D./Ph.D. program, my
Ph.D. research was supervised by both the Pathology Department of the Medical
School and the Biomedical Engineering Department.
In parallel with my Ph.D. studies, I worked to achieve an M.D. with an eye
toward a career as a research pathologist. For this reason, I took special
clinical rotations in diagnostic monitoring and diagnostic pathology laboratory
services. When I considered the next stage of my career, the NIH intramural
program offered a superb environment that would support my creative freedom to
pursue research contributions that could benefit public health.
Within 7 years of joining the NCI, as a pathology resident, I became Chief of
the Laboratory of Pathology and Chief of the Section of Tumor Invasion and
Metastasis, now part of the Center for Cancer Research. In these capacities I
have three types of intramural duties: clinical service, training of research
and clinical fellows, and cancer research. I am very proud of the outstanding
clinical service provided by my laboratory staff to the NIH. We are responsible
for all anatomic pathology service for the entire NIH. Our Lab hosts a
world-class residency program. Here we recruit and train research-oriented
pathologists who become academic leaders. My research contributions, supported
by the NCI program, have generated more than 500 scholarly publications. This
productivity is only a reflection of the wonderful colleagues and collaborators
working in the special environment of the NIH, as well as the vision and support
of the NCI and NIH leadership.
I am proud to have further served the NIH as the Deputy Director for Intramural
Research under NIH Director, Dr. Bernadine Healy. I played a major role in
setting up the Intramural Human Genome Program. This job gave me a great
appreciation of the significant ways in which the NIH environment has continued
to attract top-notch minds.
My research accomplishments to date span a wide range of scientific and
clinical disciplines, including:
Cancer Metastasis
My work along with my collaborators is recognized as a groundbreaking effort to
investigate the process of tumor invasion and metastasis at a molecular level.
In the mid 1970s, we proposed and experimentally demonstrated the linkage
between angiogenesis onset and tumor invasion and metastatic dissemination. We
proposed the concept of metastasis suppressor genes. Consequently, scientists in
my Laboratory of Pathology discovered a series of novel genes and proteins,
which regulate cancer invasion and metastasis, thereby providing new strategies
for cancer diagnosis and treatment. As a demonstration of the originality of
these discoveries, all are covered by U.S. government-owned patents, both issued
and filed.
New Technology for Micro Analysis of Tissue
My laboratory has invented technology in the fields of pathology diagnosis,
microdissection and proteomics. Our group invented Laser Capture Microdissection
(LCM), which was developed through a research CRADA (Cooperative Research and
Development Agreement) with Arcturus, Inc. and, thereby, rapidly commercialized.
This technology is now in use in more than 1000 labs worldwide. The technology
has enabled investigators for the first time to make broad discoveries in
genomics, functional genetics, and is now extending into personalized medicine.
This partnership is a prime example of what the NIH CRADA mechanism is designed
to do: turn bench research into practical applications.
Clinical Proteomics Program
We created the first joint agency initiative between the NCI and the FDA in 1998
to develop new technology for the discovery of proteins important for cancer
diagnosis and therapy, using actual human tissue and body fluids. Dr. Emanuel
Petricoin of the FDA and I serve as co-directors. This initiative is now called
the NCI/FDA Clinical Proteomics Program (CPP).
Individualized Cancer Therapy
Under the CPP, we proposed that LCM, combined with a new type of protein array,
also developed in the CPP, constituted a new paradigm for patient-tailored
medicine. The promise of this approach is improved therapeutic efficacy with
lower toxicity, using a panel of drug treatments, individualized for the
patient's tumor. This technology has already been translated to use in patients.
It is being applied to patient tissue biopsies, conducted before, during and
after experimental therapy, as part of ongoing NCI Clinical Center Trials.
Diagnostic Tools for Detection of Early-Stage Cancer
Another major initiative has been in the field of early detection of cancer. In
1997, based on our initial studies, we hypothesized that a large number of
previously undiscovered and unknown protein markers were generated in the tissue
and spilled into the blood, as a record of the disease state or the physiologic
state. This hypothesis predicted that cancer developing in the tissue contained
or shed proteins, which could be used as a test for early diagnosis. Our
challenge was not knowing the identities of these molecules.
Proteomic Pattern Diagnostics
In 1998, in order to explore the potential existence of this new list of
diagnostic markers, we applied mass spectrometry for fingerprinting analysis of
tissue and blood. This was a well-established technology, but had not yet been
applied to microdissected tissue. Even though we did not know the identity
(name, sequence) of the molecules underlying the pattern fingerprints we
recognized that this data supported our hypothesis that a large treasure-trove
of previously unknown diagnostic markers existed. In our early studies, we
analyzed our mass spectral data using visual graphing and the pattern
recognition software that was commercially available. As we reported publicly at
the American Association of Cancer Research in 1999, our results indicated the
existence of a rich source of unknown markers in cancer tissue. We also reported
on the first evidence of mass spectral fingerprinting diagnosis of cancer. Prior
to this public disclosure, the U.S. government filed patents on this concept.
Our next step, during the fall of 1998 and spring of 1999, was to look in great
depth at human serum samples from cancer and non-cancer patients, using a
variety of analytical methods. We realized, based on our previous findings and
expertise, that a large number of pattern recognition approaches existed for
spectral analysis, including applications to mass spectrometry. Subsequently,
under a government material transfer agreement, Correlogic Systems software was
employed to analyze our mass spectral data. The result was a publication in the
LANCET, describing the potential research feasibility of using mass spectral
fingerprints in serum for early stage ovarian cancer detection. Based on this
reduction to practice, a patent jointly owned by the U.S. Government and
Correlogic was filed. I am named as an inventor on this application. This
promising research collaboration was extended to explore additional research
applications under a research CRADA. This CRADA did not include the identity of
the molecules themselves, nor did it constrain the U.S. government from its
ongoing evaluation and use of other pattern recognition methods. Instead, the
CRADA was aimed at evaluating the use of Correlogic's software for additional
research topics.
The impact of this work from 1998 to 2002 is best exemplified by the fact that
at the latest meeting of the American Association of Cancer Research, hundreds
of scientists reported on exploring this field of proteomics pattern
recognition, using a variety of methods.
An Abundance of New Diagnostic Marker Candidates
Our lab's consistent goal has been three-fold. 1) identification of the proteins
predicted to exist by our original hypothesis, 2) continuous posting of our raw
mass spectral data in the public domain, as a public service and with
unfettered, full access (i.e., others have analyzed our raw data with their own
pattern recognition methods and have published excellent results); and, 3)
translation of these discoveries to patient benefit with the highest degree of
scientific rigor, as rapidly as possible.
To that end, under the CPP, we have recently invented next-generation technology
(patent applications solely owned by the Government and advertised in the
Federal Register), which allows us to amplify and identify the new molecules we
proposed to exist. Through the use of this government technology, and in
collaboration with colleagues in the NCI-Fredrick proteomics facility, we have
now identified thousands of specific proteins with diagnostic potential, which
were previously unknown to exist in the blood. Because the U.S. government is
the steward of this information, we believe that it can have broad public health
benefits and will stimulate the large diagnostic industry of the U.S.
I have been the recipient of over 30 awards for achievement in cancer research
and translational medicine. In addition, I have received numerous PHS
Commissioned Corps awards, including the NIH Director's award, the Merit Award,
the Distinguished Service Medal, the Meritorious Service Medal, the Surgeon
General's Medallion, and the Surgeon General's Exemplary Service medal. Mr.
Chairman, with the committee's permission, I would like to include my C.V.,
which provides further details concerning my publications, patents, and related
career information.
According to published information, this committee is investigating outside
activities by NIH scientists. Because I have had outside activities during the
course of my career, let me address this issue. I take my job as a dedicated
public servant very seriously. I believe that I have upheld and maintained the
highest ethical standards in all of my official capacity over the years as Chief
of the Laboratory of Pathology, Chief of the Section of Tumor Invasion and
Metastasis, and former Deputy Director for Intramural Research. At all times, I
have endeavored to follow the regulations governing outside activities. I have
consulted with the appropriate personnel within the NIH when guidance was needed
with respect to such regulations. I would never knowingly engage in any conflict
of interest and would immediately cease such activity if there were a change in
circumstance that would lead me to believe that an approved outside activity had
become one which involved a conflict.
The research CRADA with Correlogic was signed in April 2002. At that time,
Correlogic was a software company with an established proprietary pattern
recognition software using a genetic algorithm with a lead cluster analysis. The
purpose of the CRADA was to study the application of Correlogic's specific
algorithm to analyze spectral data that had been generated and would be
generated by the NCI/FDA Clinical Proteomics laboratory ("the Lab")
from blood samples run on the commercially available SELDI-TOF mass spectrometer
that the Lab had purchased in 1998. The CRADA's goal was to find unique
discriminating patterns of unknown entities revealed by Correlogic's proprietary
algorithm applied to raw mass spectral data the Lab had generated, and would
generate. I began an NCI approved consulting with Biospect in December, 2002. My
understanding was that Correlogic was a software company, in contrast with
Biospect, that I understood to be a scientific instrument company. When I began
consulting with Biospect, I understood Biospect was in the early stages of
developing a new instrument and scientific technology which employed its
proprietary chemistry to separate and identify molecules. I understood Biospect
desired to explore the use of blood and body fluids from animal and human
sources with the goal of discovering molecules for biological and medical
applications.
In view of new information obtained within the last week, I ended my outside
activity with Biospect. This activity had been approved repeatedly by my
supervisor and the NCI Deputy Ethics Counselor. During this past week I
specifically learned that Biospect requested certain information from the NIH.
For me, this caused concern. As a result, I terminated my relationship with
Biospect effective immediately.
When I first came to the Cancer Institute at the NIH in 1976 to join the
pathology residency program, I was fresh out of medical school. I so loved the
climate of intellectual freedom there, that I decided to stay. Here it is 28
years later. I am very proud to be a part of the NIH and the NCI. I am humbled
in my hope that any of my contributions may have added to the international
renown of those institutions. I have always been thrilled to work with
colleagues who are so very dedicated to save lives and reduce suffering through
the advancement of scientific knowledge.
In closing, Mr. Chairman, I wish to express my gratitude to the CCR, NCI, NIH
and PHS for giving me the opportunity to serve the public benefit within a
special creative environment that respects its scientists as individuals. Here
at the NIH a critical mass of scientists from multiple agencies can work
together to further scientific knowledge and employ this knowledge for the
common goal of saving lives.
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