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Yes, if this happened as they say it did, it must have been a couple researches going off the plan. There is no way an IRB would approve this type of protocol. But in that case you could never publish your findings anyway, so you really don't gain anything. We'll have to let this story develop to find out what happened (although my guess is some lawyer is extorting the gov't/UNC and they'll get an out of court secret settlement).