Breaking news: Surgeon Paolo Macchiarini, who was once hailed as a pioneer of stem cell medicine, was found guilty of gross assault against three of his patients today and sentenced to 2 years and 6 months in prison by an appeals court in Stockholm.
. After both the prosecution and Macchiarini appealed that ruling, the Svea Court of Appeal heard the case in April and May. The prosecution asked for a 5-year sentence while Macchiarini’s lawyer urged the appeals court to acquit him of all charges.
Macchiarini performed experimental surgeries on the three patients in 2011 and 2012 while working at the renowned Karolinska Institute. He implanted synthetic windpipes seeded with stem cells from the patients’ own bone marrow, with the hope the cells would multiply over time and provide an enduring replacement. All three patients died when the implants failed. One patient died suddenly when the implant caused massive bleeding just 4 months after it was implanted; the two others survived for 1.
In the ruling released today, the five-judge panel disagreed with the district court’s decision that the first two patients were treated under “emergency” conditions. Both patients could have survived for a significant length of time without the surgeries, they said. The third case was an “emergency,” the court ruled, but the treatment was still indefensible because by then Macchiarini was well aware of the problems with the technique.
The judges ruled that Macchiarini “acted with criminal intent,” even though he hoped the technique would work. They were persuaded by the evidence that he was fully aware “of the risk that the procedures would cause the patients physical injuries and suffering and that he was indifferent to the realization of these risks.”
Macchiarini’s lawyer, Björn Hurtig, says they will consider filing an appeal with the Supreme Court of Sweden, which would then decide whether to hear the case. Macchiarini does not have to report to prison as long as an appeals process is underway, says Viveka Lång, one of the appeals court judges who heard the case. If the sentence is upheld, she says, he is likely to serve two-thirds of his sentence, in line with Swedish standards.
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