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john
medicine forum Guru Wannabe
Joined: 23 Dec 2005
Posts: 186
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 Posted: Tue May 09, 2006 2:12 pm Post subject:
New Report: Drug Industry Conspired With Top Federal Officials for Vast Liability Shield
|
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|
http://www.citizen.org/pressroom/release.cfm?ID=2197
Public Citizen
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.citizen.org/documents/050406PandemicFinal_1.pdf
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 drugs, 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 assault 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 drugs meant to
keep them safe on top of whatever damage is caused by the pandemic diseases
themselves." |
|
| Back to top |
|
 |
PeterB
medicine forum Guru
Joined: 28 Apr 2005
Posts: 384
|
| Posted: Tue May 09, 2006 2:39 pm Post subject:
Re: New Report: Drug Industry Conspired With Top Federal Officials for Vast Liability Shield
|
|
|
john wrote:
| Quote: | http://www.citizen.org/pressroom/release.cfm?ID=2197
Public Citizen
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.citizen.org/documents/050406PandemicFinal_1.pdf
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 drugs, 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 assault 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 drugs meant to
keep them safe on top of whatever damage is caused by the pandemic diseases
themselves."
|
Thanks, John, for your reporting.
PeterB |
|
| Back to top |
|
|
vernon
medicine forum Guru
Joined: 15 Jan 2006
Posts: 405
|
| Posted: Tue May 09, 2006 3:41 pm Post subject:
Re: New Report: Drug Industry Conspired With Top Federal Officials for Vast Liability Shield
|
|
|
"john" <scu23@btinternet.com> wrote in message
news:t5ednZ7qf8KhPv3ZRVnyvw@bt.com...
| Quote: | http://www.citizen.org/pressroom/release.cfm?ID=2197
Public Citizen
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.citizen.org/documents/050406PandemicFinal_1.pdf
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 drugs, 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 assault 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 drugs meant
to
keep them safe on top of whatever damage is caused by the pandemic
diseases
themselves."
|
Yes, but don't take those "dangerous" alternates or supplements. :>) |
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john
medicine forum Guru Wannabe
Joined: 23 Dec 2005
Posts: 186
|
| Posted: Tue May 09, 2006 4:21 pm Post subject:
Re: New Report: Drug Industry Conspired With Top Federal Officials for Vast Liability Shield
|
|
|
"PeterB" <pkm@mytrashmail.com> wrote in message
news:1147185591.736621.81070@j33g2000cwa.googlegroups.com...
| Quote: |
Thanks, John, for your reporting.
PeterB
|
thanks, I post them all here http://www.whale.to/additions.html
john |
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|
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PeterB
medicine forum Guru
Joined: 28 Apr 2005
Posts: 384
|
| Posted: Tue May 09, 2006 4:52 pm Post subject:
Re: New Report: Drug Industry Conspired With Top Federal Officials for Vast Liability Shield
|
|
|
john wrote:
| Quote: | "PeterB" <pkm@mytrashmail.com> wrote in message
news:1147185591.736621.81070@j33g2000cwa.googlegroups.com...
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? |
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|
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john
medicine forum Guru Wannabe
Joined: 23 Dec 2005
Posts: 186
|
| Posted: Tue May 09, 2006 5:22 pm Post subject:
Re: New Report: Drug Industry Conspired With Top Federal Officials for Vast Liability Shield
|
|
|
"PeterB" <pkm@mytrashmail.com> wrote in message
news:1147193549.072788.230990@i39g2000cwa.googlegroups.com...
| Quote: |
john wrote:
"PeterB" <pkm@mytrashmail.com> wrote in message
news:1147185591.736621.81070@j33g2000cwa.googlegroups.com...
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 |
|
| Back to top |
|
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PeterB
medicine forum Guru
Joined: 28 Apr 2005
Posts: 384
|
| Posted: Tue May 09, 2006 6:22 pm Post subject:
Re: New Report: Drug Industry Conspired With Top Federal Officials for Vast Liability Shield
|
|
|
john wrote:
| Quote: | "PeterB" <pkm@mytrashmail.com> wrote in message
news:1147193549.072788.230990@i39g2000cwa.googlegroups.com...
john wrote:
"PeterB" <pkm@mytrashmail.com> wrote in message
news:1147185591.736621.81070@j33g2000cwa.googlegroups.com...
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! |
|
| Back to top |
|
|
john
medicine forum Guru Wannabe
Joined: 23 Dec 2005
Posts: 186
|
| Posted: Tue May 09, 2006 6:58 pm Post subject:
Re: New Report: Drug Industry Conspired With Top Federal Officials for Vast Liability Shield
|
|
|
"PeterB" <pkm@mytrashmail.com> wrote in message
news:1147198975.863498.43020@u72g2000cwu.googlegroups.com...
| Quote: |
Good idea, thanks!
|
at least it is fast and the menu doesn't change all the time, just add more
subjects
the www.trufax.org site was great but I gave up visiting after they kept
changing the menu and removing stuff |
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Google
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