NYT: Frist slips broad legal shield for vaccine makers into military bill

[Nothing Without Hope]

The culture of corruption rolls on. The conflict of interest here is blatant - Frist and other backers of this gigantic drug company giveaway plan own millions of dollars in pharmaceutical company stock.

http://www.nytimes.com/2005/12/20/politics/20vaccine.html
December 20, 2005

Legal Shield for Vaccine Makers Is Inserted Into Military Bill

By SHERYL GAY STOLBERG
WASHINGTON, Dec. 19 - Companies making vaccines to protect against biological agents or pandemic viruses would be shielded from lawsuits, even if they are negligent or reckless, under a provision inserted into a military spending bill by Senator Bill Frist of Tennessee, the majority leader.

Reviving the nation's flagging vaccine industry is a long-held goal of Mr. Frist, a heart-lung transplant surgeon who has made health care legislation the centerpiece of his Senate career. In a meeting with reporters Saturday night, Mr. Frist described the provision, which was added to the bill produced by a House-Senate conference committee, as one that offered drug makers "targeted liability protection."

Aides to Mr. Frist said the measure was more restrictive than the existing law offering immunity to companies that produced smallpox vaccine; in the case of smallpox, the vaccine makers could not be sued for any reason. The language in the pending military bill, by contrast, permits suits for "willful misconduct," though it specifies that willful misconduct does not include negligence or recklessness.

(snip)

The language also permits the government to pay medical expenses, disability benefits and death benefits to those injured by the products it covers. Mr. Frist said the compensation program was essential to encouraging the development of drugs and vaccines.

(snip)

The language is also very broad in allowing declaration of what constitutes an epidemic - and once it's declared, the drug companies make out big time at the expense of both our health and our tax dollars. The conflict of interest for Frist is obvious, and it's not the first time for this position for the godly cat-killing,TV-diagnosis doctor:

[Canuckistanian]

1. Well there is a precedence for this

Ever wonder why there are no vaccines produced in the US? That's because almost all vaccine manufacturers were sued out of existence by lawsuits, both legitimate and frivolous.

I can't remember the case, but sometime in the 50's or 60's, a huge judgement was handed down to a drug company which bankrupted them and set a precedent. Most US vaccine manufacturers went abroad or just got out of the business.

Now, some companies, smelling blood (the avian Flu), want back in to the business.

But they needed a little protection first.

Enter Bill Frist.

[Nothing Without Hope]

3. Whatever the merits or - knowing Frist - questionable provisions

of this bill, it should NOT have been shoved at the last minute into an unrelated bill for the military budget. There is little time for reading it, let alone working out if it is the best possible means to the desired ends, or even what the desired ends are. (not counting Frist's profits and crony deals.)

This is no way to govern. And there is just no way that this bill is a good bill with no oversight and underhanded, secretive submission by the interest-conflicted Frist. Yes, there needs to be urgent effort to upgrade vaccine production in this country - there has been a need for this FOR YEARS, and it is even more urgent now. (Though a flu pandemic has been predicted for years too - it's inevitable, after all.)

So instead of giving this urgent issue the attention and care it needs, Frist is ramming through this no-oversight, last-minute, cobbled-together rider on an unrelated bill chosen because there is high pressure for it to pass.

What do you think the chances are that this bill will actually address the obstacles to effective, safe, large scale vaccine production? And what are the chances that it is mostly a drug company giveaway with almost no thought given to how to actually address the most important issues?

I know where I would bet.

[fooj]

4. These rat bastards never sleep, do they?

Peace.:hi:

[Nothing Without Hope]

5. Yeah, they never sleep - but I've got to.

Good night, Fooj! :boring: :hi:

[fooj]

6. G'night! Sleep well.

:hug:

[Canuckistanian]

7. Agreed.

And Frist is probably the worst person to be inserting ANY health-related provisions, considering he's under investigation for abusing those privileges in the first place.

[Time for change]

10. I agree -- this is probably the most corrupt Congress we've ever had

and Frist ranks right there at the top.

[Nothing Without Hope]

12. kick n/t

[texpatriot2004]

2. Frist is SOO sleezy! nm

[Supersedeas]

8. wonder is he or his family have stocks in any of those vaccine companies

[SharonAnn]

17. His family company, HCA, was fined $1.2 Billion in Medicare fraud

That's when his father was Chairman of the Board and his brother was President. 2001-2002 I think it was.

They paid those fines to settle charges of defrauding Medicare and Medicaid.

They've been fined more since, but I haven't been keeping a total on all of it.

[Nothing Without Hope]

19. That's right, ut it was 1.7 billion! A record. Here's more on that:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x4846742
thread title (Sept 22 2005 GD): NYT on FRIST’s possible insider trading - and HUGE 2000-3 HCA FRAUD

Lots of goodies there, including excerpts from the several-years old fraud case reporting. Frist is DIRTY DIRTY DIRT. Since that thread, more info has continued to come out making him look worse all the time.

[Straight Shooter]

9. The language "permits" the government to pay medical expenses, etc.?

What does that mean? It means diddley-squat is what it means. The government will fight everybody fang-and-claw to ensure that they get not one dime. Imagine filing suit against the government. Maybe your estate can get the pitiful proceeds, such as they may be.

And, anyway, what money? Last time I looked, all our money was going into a vortex in Iraq.

[Nothing Without Hope]

11. kick n/t

[Nothing Without Hope]

13. kick n/t

[w8liftinglady]

14. Remember that there are 2 connections related to this

1.The carlyle group owns BioPort-which manufactures the anthrax vaccine
2.Donald Rumsfeld was ceo of Gilead Sciences(Tamiflu flu vaccine)
as well as GD Searle Pharmaceutical co.

[Nothing Without Hope]

18. Thanks for the reminder. And you and I know there are more of these

connections we don't know about. Why else sneak this bill in without oversight in an unrelated bill? Oh yes, there's something to hide all right. And even aside from this, how could such a thrown-together, snuck-through P.O.S. ever truly address the urgent needs in this area? This requires careful work and crafting - but the oh-so-saintly Dr Frist's interests lie on another plane...

[tlsmith1963]

15. I Wouldn't Want Frist to Be My Doctor

Since it's most likely that he doesn't believe in science, being a fundie & all, he would be pretty useless as a doctor.

Tammy

[mtnester]

16. Shameful...simply shameful n/t

[earth mom]

20. I second that opinion!

:grr:

[Nothing Without Hope]

21. It's being right now - it's on CSPAN:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=5669824&mesg_id=5670088

Obey apparently BLASTED Frist's underhanded tactics.