Dr. Bradley Foerster Asks NIH Director Deborah Kearse Whether 2019 Division of Program Integrity Memorandum Should Be Reconsidered
On May 26, 2026, Dr. Bradley Foerster transmitted materials to NIH Director Deborah Kearse previously provided to the FBI and HHS-OIG concerning investigative predicate, probable cause, inter-agency coordination, and NIH Grant R01 NS082304.
Dr. Foerster also forwarded related materials recently transmitted to the HHS-OIG Office of Counsel following failed delivery to the HHS-OIG email address listed for Special Agent Tyson Howard.
Dr. Foerster noted that between November 2018 and June 2019, the University of Michigan conducted proceedings seeking his dismissal while maintaining that his underlying grant-related concerns and allegations lacked factual basis, a position by the University that in part relied upon the January 2, 2019 Division of Program Integrity memorandum concerning NIH Grant R01 NS082304.
The underlying NIH FOIA request seeking the Deborah Kearse Division of Program Integrity memorandum was originally submitted on May 25, 2025. A follow-up inquiry noting the request was overdue was transmitted on June 26, 2025. The request was later re-raised with the NIH FOIA Office on March 4, 2026 prior to the eventual April 14, 2026 release of the memorandum.
The April 14, 2026 NIH FOIA release further clarified that the “January 2, 2018” date stamp appearing on the memorandum was incorrect and that the correct date of the memorandum was January 2, 2019.
Forwarded materials to Director Kearse included:
- the final NIH Research Performance Progress Report (RPPR) submitted October 30, 2018, including effort reporting reflecting Dr. Robert Welsh at 0.1 calendar months effort during the final reporting period;
- associated University of Utah/Welsh subcontract and accounting records reflecting substantial subcontract funding during the same period;
- and materials previously transmitted to the FBI and HHS-OIG concerning investigative predicate, probable cause, and inter-agency coordination.
As reflected in the forwarded correspondence, clarification had also been requested to HHS-OIG Office of Counsel regarding whether the RPPR and subcontract/accounting materials were reviewed as part of the FBI and/or HHS-OIG investigative activity reflected in released federal records.
Dr. Foerster also asked whether Director Kearse was aware that HHS-OIG was separately investigating matters associated with NIH Grant R01 NS082304 during the same general period.
In prior communications, Director Kearse declined to confirm whether the final NIH Research Performance Progress Report (RPPR) had been reviewed as part of the Division of Program Integrity assessment concerning NIH Grant R01 NS082304. Related material: NIH Review of ALS Imaging Grant R01 NS082304 (“No Findings”), RPPR, and Utah/Welsh Subaward Chronology
Dr. Foerster further asked whether, in light of the RPPR and associated University of Utah/Welsh subcontract and accounting records, Director Kearse believed any clarification, amendment, supplementation, or reconsideration of the January 2, 2019 Division of Program Integrity memorandum or its underlying assumptions was appropriate.
Dr. Foerster stated that the matters addressed in these records had a substantial deleterious impact on his professional career, with continuing consequences extending to the present date, and therefore were not moot.
For transparency purposes, the materials also copied the offices of Congressman Jamie Raskin and Senator Chris Van Hollen.
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