COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE
HARLEY O. STAGGERS, West Virginia, Chairman
JOHN E. MOSS, California
JOHN D. DINGELL, Michigan
PAUL G. ROGERS, Florida
LIONEL VAN DEERLIN, California
FRED B. ROONEY, Pennsylvania
JOHN M. MURPHY, New York
DAVID E. SATTERFIELD III, Virginia
BROCK ADAMS, Washington
W. S. (BILL) STUCKEY, JR., Georgia
BOB ECKHARDT, Texas
RICHARDSON PREYER, North Carolina
JAMES W. SYMINGTON, Missouri
CHARLES J. CARNEY, Ohio
RALPH H. METCALFE, Illinois
GOODLOE E. BYRON, Maryland
JAMES H. SCHEUER, New York
RICHARD L. OTTINGER, New York
HENRY A. WAXMAN, California
ROBERT (BOB) KRUEGER, Texas
TIMOTHY E. WIRTH, Colorado
PHILIP R. SHARP, Indiana
WILLIAM M. BRODHEAD, Michigan
JAMES J. FLORIO, New Jersey
ANTHONY TOBY MOFFETT, Connecticut
JIM SANTINI, Nevada
ANDREW MAGUIRE, New Jersey
MARTIN A. RUSSO, Illinois
SAMUEL L. DEVINE, Ohio
JAMES T. BROYHILL, North Carolina
TIM LEE CARTER, Kentucky
CLARENCE J. BROWN, Ohio
JOE SKUBITZ, Kansas
JAMES M. COLLINS, Texas
LOUIS FREY, JR., Florida
JOHN Y. MCCOLLISTER, Nebraska
NORMAN F. LENT, New York
H. JOHN HEINZ III, Pennsylvania
EDWARD R. MADIGAN, Illinois
CARLOS J. MOORHEAD, California
MATTHEW J. RINALDO, New Jersey
W. HENSON MOORE, Louisiana
Baldwin, Edwin, vice president and counsel, Chubb & Son, Inc---
Banse, Robert L., general counsel, Merck & Co., Inc.-
Bishop, Clarence, senior legislative assistant, office of Hon. Parren J.
Mitchell, a Representative in Congress from the State of Maryland__
Bogash, Richard, Dr., president, Wyeth Laboratories (a Division of
American Home Products)..
Carleton, John W., Liberty Mutual Insurance Co....
Cheek, Leslie, vice president, Federal Affairs, American Insurance
Association.
Clark, Roger, counsel, Merrell-National Laboratories, Division of
Richardson Merrell, Inc..
Cooper, Theodore, M.D., Assistant Secretary for Health, Department
of Health, Education, and Welfare....
Cowan, Ross, vice president, Prudential Reinsurance, Prudential
Insurance Co---
Culp, Robert, vice president for business insurance, Nationwide
Insurance Cos--
Dickson, James F., III, M.D., Deputy Assistant Secretary for Health,
Department of Health, Education, and Welfare--
Finney, Thomas D., Jr., counsel, Wyeth Laboratories (a Division of
American Home Products) and Washington counsel, Warner-
Lambert Co., in behalf of Parke, Davis & Co., a subsidiary ---- 244, 316
Foley, Patrick, general counsel, American Home/National Union of
the American International Group-
Gray, Burton J., vice president for administration, Wyeth Labora-
tories, Division of American Home Products - - -
Greenberger, Marcia, attorney, Women's Rights Project, Center for
Law and Social Policy.
Greiner, Kenneth A., vice president, Johnson & Higgins...
Hagan, Charles F., general counsel, American Home Products Corp--
Haislip, Gene R., Deputy Assistant Secretary for Legislation (Health),
Department of Health, Education, and Welfare..
Harder, Henry U., president, Chubb & Son, Inc..
Hendrickson, Robert F., vice president, Operations, Merck Sharp &
Dohme, Division of Merck & Co..
Huck, John L., senior vice president, Merck & Co., Inc.-
Husovsky, Ivan, president, Merrell-National Laboratories, Division
of Richardson-Merrell, Inc..
Jarman, Brian, senior vice president, American Home/National Union
of the American International Group...
Johnson, Anita, Public Citizens' Health Research Group..
Katz, Henry, general counsel, Home Insurance Co...
Keyes, George, Continental Insurance Cos.__.
Kingham, Richard F., counsel, Merck & Co., Inc.--.
Koehnen, James, president, American Reinsurance Co..
Krause, Richard M., M.D., Director, National Institute of Allergy and
Infectious Diseases, National Institutes of Health, Department of
Health, Education, and Welfare___.
Lamb, Frederic D., vice president and general counsel, Merrell-
National Laboratories, Division of Richardson-Merrell, Inc.--
Lenz, Henry P., executive vice president, Home Insurance Co.---
Markoe, Frank, Jr., executive vice president and general counsel,
in behalf of Parke, Davis & Co., a subsidiary of Warner-Lambert
Co
109, 113, 244, 316, 324
Marks, Susan, law student intern, Women's Rights Project, Center for
Law and Social Policy-
Meriwether, W. Delano, M.D., Director, national influenza immun-
ization program, Department of Health, Education, and Welfare 2, 145,
286
Meyer, Harry M., Jr., M.D., Director, Bureau of Biologics, Food and
Drug Administration, Department of Health, Education, and
Mitchell, Hon. Parren J., a Representative in Congress from the State
of Maryland......-
Murphy, Joseph F., executive vice president, Continental Insurance
Cos....
Patton, Mark R., vice president, American Reinsurance Co...
Pickett, George, M.D., director, San Mateo County, Calif., Public
Health and Welfare Department, on behalf of the American Public
Health Association_.
Randall, Albert G., M.D., M.P.H., director, Houston, Tex., City
Health Department, on behalf of U.S. Conference of City Health
Officers..
Reiss, Robert C., senior vice president and manager, Commercial
Casualty Department, Chubb & Son, Inc..
Rogers, David, M.D., health officer, Calvert County, Maryland
Health Department, on behalf of National Association of County
Health Officials...
Rogers, William P., counsel, Merrell-National Laboratories, Division
of Richardson-Merrell, Inc. - .
Ross, Charles N., counsel, Wyeth Laboratories, Division of American
Home Products__
Russell, B. P., chairman and chief executive officer, Crum & Forster
Insurance Co
Sabin, Albert B., M.D., distinguished research professor of Bio-
medicine, Medical University of South Carolina_
Salk, Jonas, M.D., director, Salk Institute for Biological Studies..
Seal, John R., M.D., Deputy Director, National Institute of Allergy
and Infectious Diseases, National Institutes of Health, Department
of Health, Education, and Welfare..
Sencer, David J., M.D., Director, Center for Disease Control, De-
partment of Health, Education, and Welfare _ _
Shaw, Daniel L., Jr., M.D., vice president for medical affairs, Wyeth
Laboratories (a division of American Home Products Corp.)--
Simon, Leroy, senior vice president, Prudential Insurance Co....
Taft, William H., IV, General Counsel, Department of Health,
Education, and Welfare...
Timm, Dr. Eugene, Parke Davis & Co., a subsidiary of Warner-
Lambert Co..
Warneke, Paul, counsel, Warner-Lambert Co..
Wolfe, Sidney, M.D., director, Public Citizen's Health Research
Research Group--.
Additional material submitted for the record by:
American Academy of Pediatrics, Department of Government Liaison,
Robert G. Frazier, M.D., executive director, letter dated June 30,
1976, to Chairman Rogers with enclosures..
American Home Products Corp., prepared statement of July 23,
1976, of Charles F. Hagan, general counsel
American Hospital Association, Pennsylvania House bill No. 2354 and
California Assembly bill No. 1135 re medical personnel liability.
American Insurance Association:
Articles from Business Week:
"The Troubled Professions," August 16, 1976_
"A Reshaping of American Medicine," August 16, 1976...
Memorandum dated August 10, 1975, from Mr. Cheek to Mr.
Hyde re swine flu vaccine manufacturers insurance program__
Center for Law and Social Policy, exhibits to Ms. Greenberger's
prepared statement:
Exhibit A-Important information about swine influenza (flu)
vaccine (consent form)...-
Exhibit B-Supplementary material-September 1, 1976, im-
portant information from the U.S. Public Health Service about
swine flu and Victoria flu vaccines.
Exhibit C-FDA consumer memo-Current and useful informa-
mation from the FDA on swine flu vaccine__
Special liability insurance policy for manufacturers of vaccine for
national swine flu immunization of 1976----
Federation of American Hospitals, Michael D. Bromberg, director, national offices, letter dated June 28, 1976, to Chairman Rogers, with resolution attached...............
Health, Education, and Welfare Department:
Analysis of vaccine stockpile option, Center for Disease Control.
Article Delineation of responsibilities of the Government and
the contractor_..
Correspondence between William H. Taft IV, General Counsel
for HEW and Leon Ulman, Acting Assistant Attorney General,
Department of Justice re authority under Public Law 92-266--
Cost and profit criteria for the procurement of swine flu vaccine__
Funding analysis and recommendations national influenza im-
munization program_.
Influenza vaccine availability (200 CA).
Information form "important information about swine and
victoria influenza (flu) vaccine (bivalent)-July 15, 1976".
Letter dated July 1, 1976, from William H. Taft IV, General
Counsel, to Chairman Rogers re potential liability of partici-
pants in the national influenza immunization program.
Letter dated October 22, 1976, from Dr. Cooper to Chairman
Rogers re testimony of Marcia Greenberger of Center for Law
and Social Policy -
"Liability for vaccine-related injuries: public health considera-
tions," report by Thomas E. Baynes, Jr., Assistant professor
of law, Nova University Law Center.
Mailgram dated September 3, 1976, from James W. Fowinkle,
M.D., commissioner of health, State of Tennessee and presi-
dent, Association of State and Territorial Health Officials to
President Ford re concern over unavailability of vaccine_-_.
President's news conference of July 19, 1976, swine flu immuni-
zation program----
Summary of swine influenza outbreak, Fort Dix, N.J.-January-
February 1976___
Table I.-Constitutional reactions-all vaccines-
Table II.-A/NJ-reactions (day 1) 100 CCA..
Jordan, William S., Jr., M.D., professor, University of Kentucky,
Albert B. Chandler Medical Center, letter dated July 12, 1976, to
Chairman Rogers with enclosure__
Additional material submitted for the record by-Continued
Merck & Co., Inc.:
Letter dated June 30, 1976, from Mr. Huck to Chairman Rogers re
production estimates and schedule; costs and prices; considera-
tions related to use of vaccine at various age levels; and liability Page
coverage_
Letter dated July 12, 1976, from Mr. Huck to Chairman Rogers
re testimony of Dr. Sidney Wolfe, Health Research Group----
Letter dated September 17, 1976, from Mr. Hendrickson to Chair-
man Rogers re availability schedule__
Prepared statement, July 23, 1976, of John L. Huck, senior vice
president...
Merrell-National Laboratories, Division_of_Richardson-Merrell, Inc.:
Correspondence between Frederic D. Lamb, vice president and
counsel, and Dr. Sencer, HEW Center for Disease Control re
meeting to discuss the implications of litigation of vaccine-
associated injuries___.
Prepared statement, July 23, 1976.
Scheduled delivery.
Telegram dated August 13, 1976, from John L. Williams, con-
tracting officer, Procurement and Grants Office, Department
of Health, Education, and Welfare re confirmation of changes
in technical requirements---
New Jersey Department of Health, report of Joanne E. Finley, M.D.,
M.P.H., State Commissioner of Health.
Public Citizen's Health Research Group:
Letter dated July 15, 1976, from Dr. Wolfe to Chairman Rogers
re correction of an error in testimony..
Studies with inactivated influenza vaccines purified by zonal
centrifugation...
Sabin, Albert B., M.D., distinguished research professor of bio-
medicine, Medical University of South Carolina:
Attachments to Dr. Sabin's prepared statement:
Table 1.-Antibody response of different age groups to dif-
ferent swine influenza vaccines
U.S. population 1974 (by age) -
Memorandum dated July 12, 1976, from Dr. Sabin to Chairman
Rogers re proposal for a "National program for settlement of
claims resulting from federally recommended vaccinations".
South Florida Hospital Association, Inc., Ivan O. Harrah, executive
director, letter dated June 14, 1976, to Chairman Rogers---
Warner-Lambert Co., prepared statement, July 23, 1976, of Frank
Markoe, Jr., executive vice president and general counsel..
"A Proposal for the HEW Secretary's Task Force on Compensation
of Injured Research Subjects," by Eli P. Bernzweig_.
"Anatomy of a Decision: How the Nation Declared War on Swine
Flu," by Philip M. Boffey-
Final Report Pursuant to Contract No. 200-75-0413, Center for
Disease Control__
Legal and Regulatory Perspectives on Biological Research in Human
Population.
"Liability in Preventive Medicine," a review and analysis of trends,
primarily those related to vaccination practices---
"Pollard Sees Products Liability as Industry and Society Crisis,"
from the National Underwriter, May 21, 1976-
Report from the American Law Division, Library of Congress, Con-
gressional Research Service to Congressman Henry Waxman_re
Proposed Legislation Exempting Manufacturer's of Swine Flu
Vaccine from Liability Arising Out of Immunization Programs".
Swine Flu Vaccination Campaign: The Scientific Controversy
Mounts," by Philip M. Boffey..
"The Swedish No-Fault Patient Compensation Program: Provisions
and Preliminary Findings," by Eva D. Cohen and Samuel P.
Korper, from the Insurance Law Journal, N. 637... -
"Wisconsin Legislature Provides Liability Coverage for a New Jersey
Flu Immunization Program," news release from the State Medical
Society of Wisconsin, June 14, 1976---
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