Heinecke was medical expert not statistical expert
And even though HK deliberately and fraudulently misled the board by stating Heinecke was a PhD scientist, after HK had spent months studying this man's words in preparing his Rule 60 motion, alas, Heinecke is but a lowly MD, who pointedly are not known for their statistical prowess.
While of course I am being facetious about the intentionality of HK's inadvertent mischaracterization of Heinecke's graduate degree, people do make errors, including the cutting off of legends and captions from a figure. However, regardless of Heinecke's level of statistical expertise, as defense's expert he had a duty to get the figure right, and his documented training indicates that he knew in advance that to commit the infraction that he committed, could be held up as potential fraud.