> May 4, 2006

> New Report: Drug Industry Conspired With Top Federal Officials for Vast
> Liability Shield

> A copy of the report titled
> 'Willful Misconduct:
> How Bill Frist and the Drug Lobby Covertly
> Bagged a Liability Shield'
> is available here.
> http://www.***.com/

> Public Citizen Report Reveals Behind-the-Scenes Lobbying; Language Inserted
> Into Bill Without Lawmakers' Knowledge

> WASHINGTON, D.C. - Drug industry lobbyists conspired with the White House
> and Senate Majority Leader Bill Frist (R-Tenn.) last year to craft a
> sweeping liability provision that shields the industry from lawsuits over
> products used to treat pandemic illnesses, even in cases of gross negligence
> or gross recklessness, according to a report issued today by Public Citizen.

> The report, Willful Misconduct: How Bill Frist and the Drug Lobby Covertly
> Bagged a Liability Shield, relies on internal documents and e-mails of the
> Biotechnology Industry Organization (BIO) to illustrate the degree to which
> Frist's office deferred to drug industry demands and describes Frist's
> sleight of hand in securing passage of the provision. It underscores the
> enormous power of the drug industry and its lobbyists to steer a highly
> controversial provision into law.

> Frist inserted the shield provision into an already-completed conference
> report for the defense appropriations bill in the dead of night, with the
> aid of House Majority Leader Dennis Hastert (R-Ill.). Many of the members of
> the conference committee had never seen the language, let alone approved it.
> Committee leaders explicitly assured Democrats, made wary by rumors
> circulating in the preceding days, that no attempt would be made to insert
> the liability measure into the spending bill.

> The shield is unnecessary because the government now can - and does -
> indemnify drug companies in contracts, using provisions saying that the
> government will cover costs in excess of the companies' insurance.

> The pharmaceutical industry used legions of influence-peddlers to push for
> the measure. The industry deployed at least 158 lobbyists to influence
> policies relating to vaccines and pandemic preparedness in 2004 and 2005,
> including 84 who were previously employed by the federal government. Of
> those, seven were former members of Congress, two were former top health
> care aides to Frist and another was the son of the speaker of the House.

> "This is a case in which the drug industry used clout, stealth and cunning
> to put one over on Congress and the American public," said Joan Claybrook,
> president of Public Citizen. "The industry crafted a liability shield that
> is unprecedented in its scope and will literally allow it to harm innocent
> people and get off scot-free."

> Claybrook called for Congress to revoke the provision.

> The liability shield is extremely broad, applying to far more than just
> avian flu vaccines and going well beyond the liability protections initially
> proposed by the Bush administration. It bars all state and federal claims
> arising from the use of a drug, vaccine or medical device related to any
> government-declared health emergency. It extends to all companies, state
> officials, healthcare workers and others involved in combating an actual or
> potential health emergency.

> It even encompasses all aspects of drug, vaccine and medical device
> production and delivery, including design, development, testing,
> manufacture, labeling, distribution, formulation, packaging, marketing,
> dispensing and prescribing. What's more, it shields pharmaceutical companies
> from liability for long-used {*filter*}, even those causing death or injury due
> to a manufacturing error, so long as the drug is used to treat a condition
> related to an officially declared health emergency.

> The only exception is if an injured party can show by "clear and convincing
> evidence" - a heightened standard of proof - that a defendant's "willful
> misconduct" caused serious injury or death. According to the law, "willful
> misconduct" does not encompass "gross negligence" or "gross recklessness,"
> but only "intentional, voluntary and conscious actions, or failures to act,
> undertaken to achieve a wrongful purpose."

> The BIO documents obtained by Public Citizen and detailed in the report show
> the extraordinary access to White House and congressional officials that
> industry lobbyists enjoyed. On Nov. 15, 2005, for example, Dave Boyer,
> director of federal relations for BIO, sent an e-mail message to an
> undisclosed list announcing that BIO had been summoned to a White House
> meeting to discuss the liability shield proposal.

> Several days later, Boyer and lobbyists for three drug companies met with
> Frist's staff - along with representatives from the Justice Department, the
> Department of Health and Human Services and the White House - for further
> discussions.

> The drug industry has long been among the most generous contributors to
> congressional campaigns. The three lawmakers who were most responsible for
> the waiver's passage were Sen. Richard Burr (R-N.C.), who drafted the
> liability shield that served as a template for the text Frist inserted into
> the defense bill; Hastert, who enabled Frist to make his move; and Frist.
> Each of the three ranks in the top 10 in campaign contributions from the
> pharmaceutical and biotechnology industries since the 2000 election cycle;
> together they have collected more than $1.2 million in total receipts.

> "This midnight {*filter*} on consumer safety puts a new and dangerous spin on
> the notion of public-private partnership," said Jillian Aldebron,
> legislative counsel for Public Citizen's Congress Watch division. "If
> Congress doesn't repeal this law, people are going to be hit with the
> double-whammy of paying for injuries and deaths caused by the {*filter*} meant to
> keep them safe on top of whatever damage is caused by the pandemic diseases
> themselves."

> May 4, 2006

> New Report: Drug Industry Conspired With Top Federal Officials for Vast
> Liability Shield

> A copy of the report titled
> 'Willful Misconduct:
> How Bill Frist and the Drug Lobby Covertly
> Bagged a Liability Shield'
> is available here.
> http://www.***.com/

> Public Citizen Report Reveals Behind-the-Scenes Lobbying; Language
> Inserted
> Into Bill Without Lawmakers' Knowledge

> WASHINGTON, D.C. - Drug industry lobbyists conspired with the White House
> and Senate Majority Leader Bill Frist (R-Tenn.) last year to craft a
> sweeping liability provision that shields the industry from lawsuits over
> products used to treat pandemic illnesses, even in cases of gross
> negligence
> or gross recklessness, according to a report issued today by Public
> Citizen.

> The report, Willful Misconduct: How Bill Frist and the Drug Lobby Covertly
> Bagged a Liability Shield, relies on internal documents and e-mails of the
> Biotechnology Industry Organization (BIO) to illustrate the degree to
> which
> Frist's office deferred to drug industry demands and describes Frist's
> sleight of hand in securing passage of the provision. It underscores the
> enormous power of the drug industry and its lobbyists to steer a highly
> controversial provision into law.

> Frist inserted the shield provision into an already-completed conference
> report for the defense appropriations bill in the dead of night, with the
> aid of House Majority Leader Dennis Hastert (R-Ill.). Many of the members
> of
> the conference committee had never seen the language, let alone approved
> it.
> Committee leaders explicitly assured Democrats, made wary by rumors
> circulating in the preceding days, that no attempt would be made to insert
> the liability measure into the spending bill.

> The shield is unnecessary because the government now can - and does -
> indemnify drug companies in contracts, using provisions saying that the
> government will cover costs in excess of the companies' insurance.

> The pharmaceutical industry used legions of influence-peddlers to push for
> the measure. The industry deployed at least 158 lobbyists to influence
> policies relating to vaccines and pandemic preparedness in 2004 and 2005,
> including 84 who were previously employed by the federal government. Of
> those, seven were former members of Congress, two were former top health
> care aides to Frist and another was the son of the speaker of the House.

> "This is a case in which the drug industry used clout, stealth and cunning
> to put one over on Congress and the American public," said Joan Claybrook,
> president of Public Citizen. "The industry crafted a liability shield that
> is unprecedented in its scope and will literally allow it to harm innocent
> people and get off scot-free."

> Claybrook called for Congress to revoke the provision.

> The liability shield is extremely broad, applying to far more than just
> avian flu vaccines and going well beyond the liability protections
> initially
> proposed by the Bush administration. It bars all state and federal claims
> arising from the use of a drug, vaccine or medical device related to any
> government-declared health emergency. It extends to all companies, state
> officials, healthcare workers and others involved in combating an actual
> or
> potential health emergency.

> It even encompasses all aspects of drug, vaccine and medical device
> production and delivery, including design, development, testing,
> manufacture, labeling, distribution, formulation, packaging, marketing,
> dispensing and prescribing. What's more, it shields pharmaceutical
> companies
> from liability for long-used {*filter*}, even those causing death or injury due
> to a manufacturing error, so long as the drug is used to treat a condition
> related to an officially declared health emergency.

> The only exception is if an injured party can show by "clear and
> convincing
> evidence" - a heightened standard of proof - that a defendant's "willful
> misconduct" caused serious injury or death. According to the law, "willful
> misconduct" does not encompass "gross negligence" or "gross recklessness,"
> but only "intentional, voluntary and conscious actions, or failures to
> act,
> undertaken to achieve a wrongful purpose."

> The BIO documents obtained by Public Citizen and detailed in the report
> show
> the extraordinary access to White House and congressional officials that
> industry lobbyists enjoyed. On Nov. 15, 2005, for example, Dave Boyer,
> director of federal relations for BIO, sent an e-mail message to an
> undisclosed list announcing that BIO had been summoned to a White House
> meeting to discuss the liability shield proposal.

> Several days later, Boyer and lobbyists for three drug companies met with
> Frist's staff - along with representatives from the Justice Department,
> the
> Department of Health and Human Services and the White House - for further
> discussions.

> The drug industry has long been among the most generous contributors to
> congressional campaigns. The three lawmakers who were most responsible for
> the waiver's passage were Sen. Richard Burr (R-N.C.), who drafted the
> liability shield that served as a template for the text Frist inserted
> into
> the defense bill; Hastert, who enabled Frist to make his move; and Frist.
> Each of the three ranks in the top 10 in campaign contributions from the
> pharmaceutical and biotechnology industries since the 2000 election cycle;
> together they have collected more than $1.2 million in total receipts.

> "This midnight {*filter*} on consumer safety puts a new and dangerous spin on
> the notion of public-private partnership," said Jillian Aldebron,
> legislative counsel for Public Citizen's Congress Watch division. "If
> Congress doesn't repeal this law, people are going to be hit with the
> double-whammy of paying for injuries and deaths caused by the {*filter*} meant
> to
> keep them safe on top of whatever damage is caused by the pandemic
> diseases
> themselves."

> Thanks, John, for your reporting.

> PeterB

> > Thanks, John, for your reporting.

> > PeterB

> thanks, I post them all here http://www.whale.to/additions.html

> john

>> > Thanks, John, for your reporting.

>> > PeterB

>> thanks, I post them all here http://www.whale.to/additions.html

>> john

> It's an interesting website, though a booger to navigate.   Are you the
> owner?

> >> > Thanks, John, for your reporting.

> >> > PeterB

> >> thanks, I post them all here http://www.whale.to/additions.html

> >> john

> > It's an interesting website, though a booger to navigate.   Are you the
> > owner?

> yes, sorry about the navigation, the vaccine stuff is my main focus and that
> should be OK, the other stuff isn't too brilliant navigation wise, as long
> as I know where it is, use the search facility

> john

> Good idea, thanks!