Re: Gout from Lipitor damage? NAPROXEN increases heart attack risk. BEWARE

From: William Wagner (No1SpamStill__B2wagner_at_snip.net)
Date: 12/26/04 

Date: Sun, 26 Dec 2004 10:14:23 -0500

>
>
> If it wasn't perceived as a legal threat they wouldn't be doing this.
> The next step will be a stronger "advisory" warning people, or an
> "advisory" pulling the drug. The document is the advisory. What it is
> doing is warning.
>
> This is legal telling communications "say this".
> And the reason they are doing it is legal.
>
>
> Zee

Found these two below.

 Posted on Sat, Dec. 25, 2004

http://www.philly.com/mld/inquirer/news/nation/10496237.htm

No whistle-blower protection for many

Federal medical workers may be fired for reporting alleged wrongs, a
judge ruled in an NIH case.

By John Solomon

Associated Press

WASHINGTON - Thousands of federal doctors and medical researchers who
receive some of the highest salaries in government do not enjoy the same
protections to blow the whistle on wrongdoing as other civil servants, a
judge has ruled.

Administrative Judge Raphael Ben-Ami of the U.S. Merit Systems
Protection Board ruled recently that Dr. Jonathan Fishbein, a National
Institutes of Health specialist, could not seek the board's protection
from firing under the Whistleblower Protection Act.

Fishbein was hired by NIH in 2003 to help improve AIDS research
practices. He alleges he is being fired because he uncovered concerns
about sloppy research practices that might endanger patient safety.

NIH said that he was being fired for poor performance and described a
"disgruntled" employee who failed to make his two-year probation period.

Fishbein is a "Title 42" employee and is paid $178,000 a year, slightly
more than the $175,700 that members of President Bush's Cabinet receive.

Title 42 of the federal code allows the government to pay research and
medical experts as special consultants and give them salaries higher
than the civil servant maximums. The law is designed to help the
government compete against high-paying private industries.

NIH employs more than 3,959 Title 42 workers, and the Centers for
Disease Control and Prevention employs 200 to 300, according to the
Department of Health and Human Services.

Ben-Ami ruled Nov. 9 that Fishbein was not covered by the Whistleblower
Protection Act because he is a Title 42 employee and has "no appeal
rights" during his two-year probationary period.

"Title 42 appointments of special consultants are made without regard to
the civil service laws," and therefore they are not permitted to appeal
to the Merit Systems Protection Board under the whistle-blower law, he
ruled. "The board lacks authority to consider the appellants' claims of
discrimination or retaliation."

Fishbein's lawyers are appealing to the full board.

The whistle-blower law was passed more than a decade ago to strengthen
federal workers' protections when they raise allegations of federal
wrongdoing, giving them outlets such as the board and the U.S. Office of
Special Counsel to seek legal protection.

The National Whistleblower Center, based in Washington, is urging
Congress to fix what it called a "dangerous loophole."

"This is a major setback for drug safety," said Kris Kolesnik, the
center's executive director. "Many of these employees, such as Dr.
Fishbein, hold sensitive health- and safety-related positions. Without
protections, these employees will not blow the whistle."

The Associated Press reported last week that Fishbein was among several
NIH employees who raised concerns in 2002 about a study in Africa
involving the AIDS drug nevirapine.

Documents showed that the way the research was conducted violated
federal patient safety rules and suffered from record-keeping and
patient monitoring problems. But the study's general conclusion that the
drug could be used safely in single doses to protect babies from HIV was
upheld.

Steve Kohn, Fishbein's attorney, said federal agencies including NIH
have markedly increased their recruitment and hiring of employees under
Title 42 in recent years, leaving an entire class of workers without
whistle-blower protections.

Kohn said, "It's a game of cat and mouse, in which the real losers are
the American people."

ŠŠŠŠŠŠŠŠŠŠŠŠŠŠŠŠŠŠŠŠ.

Perhaps of interest also.

Jurdy's Blog on Big Pharmaceutical NewsJurdy's Blog on Big
Pharmaceutical News

http://www.jurdy.net/

ŠŠŠŠŠŠŠŠŠŠŠŠŠŠŠŠŠŠŠŠ.

Happy Holidays!

Bill 

-- 
Zone 5 S Jersey USA Shade
Serious Vision Problems like StarghartΉs ? 
 --> http://www.ocutech.com/

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