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In Dead of Night, Frist Sacrifices Americans' Health and Safety to Reward Drug Company Friends

Last Minute Maneuver Would Protect Gross Negligence and Reckless Conduct

(Monday, December 19, 2005) - Late last night, U.S. Senator Bill Frist slipped a controversial provision into a must-pass Department of Defense Appropriations conference report that would give sweeping and unprecedented immunity to foreign and domestic drug companies even when they commit gross negligence by putting dangerous and deadly drugs on the market. This came after it was announced that the report was final.

“In the dead of night when no one was watching, U.S. Senator Bill Frist provided his corporate friends in the drug industry with an unprecedented giveaway that puts the health and safety of Americans at risk,” said Ken Suggs, President of the Association of Trial Lawyers of America (ATLA).

Frist’s provisions would give broad liability protections to vaccine manufacturers, even when they commit gross negligence or engage in reckless misconduct. For instance, Frist’s provision would protect drug companies even if they recklessly included a live bird flu virus in the vaccine, and gave the contaminated vaccine to the public, causing a pandemic that killed thousands.

It’s not the first time Frist has exploited national security to give the drug industry massive protections. In 2002, Frist inserted protections for Eli Lilly’s vaccine additive Thimerisol - linked to childhood illnesses - into the Homeland Security bill at the last minute. Only after a public outcry did Congress and Frist repeal the measure.

Even Frist himself has admitted that certain vaccines are unsafe, advising Capitol Hill staffers in 2001 to not take the anthrax vaccine.

“It’s the height of hypocrisy for Frist to say vaccines are unsafe and then tell the American people they have no remedy if they are injured by unsafe vaccines,” said Suggs.

Frist’s ties to drug companies are substantial. The entire pharmaceutical and health products industry was one of the largest industries contributing to the National Republican Senatorial Committee, the political arm of Senate Republicans that was headed by Frist in 2001 and 2002.

Eli Lilly was one of the most generous campaign contributors from the industry in the 2002 elections, giving about $1.4 million to federal candidates and parties, according to the nonpartisan Center for Responsive Politics. Three-quarters of the contributions went to Republicans.

Eliminating the right of individuals to hold negligent drug companies accountable removes an important incentive for drug companies to make safe drugs – especially considering that some big drug companies have a track record of putting their profits before the health and safety of the public.

“Drug company CEOs have shown time and time again that corporate profits are more important than providing safe drugs to the public and eliminating the ability of those injured by defective or contaminated drugs to hold negligent corporations accountable or to seek any compensation whatsoever is unconscionable,” added Suggs.

The most recent example is Merck & Co., a vaccine manufacturer, keeping Vioxx, a drug internal Merck documents show they knew was dangerous and even deadly, on the market so that they could increase their bottom line. David Graham, a scientist for the Food and Drug Administration, in a testimony before the U.S. Congress, said that Vioxx could be responsible for as many as 55,000 deaths and 140,000 strokes and heart attacks.

Numerous organizations including those that represent men and women in our military, public health organizations, first responders and the families of people injured by bad vaccines have spoken out vehemently against the legislation.

“Ensuring that the American people are protected against a pandemic flu outbreak should be a top priority of the government – and the best way to protect Americans is to produce safe vaccines not provide the big drug companies with special protections,” said Suggs.

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As the world's largest trial bar, ATLA promotes justice and fairness for injured persons, defends the constitutional right to trial by jury, and strengthens the civil justice system through education and disclosure of information critical to public health and safety. With 60,000 members worldwide, ATLA provides lawyers with the information and professional assistance they need to serve clients successfully and protect the democratic values of the civil justice system.