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Remedies for Human Subjects of Cold War Research: Recommendations of the Advisory Committee

Published online by Cambridge University Press:  01 January 2021

Extract

At a White House ceremony in October 1995, the Advisory Committee on Human Radiation Experiments presented its Final Report to President Bill Clinton. The 925-page report and the over 2,000 pages of supplemental volumes summarized eighteen months of investigative research, debate, and deliberation on historical and contemporary issues in human subjects research. The Advisory Committee's efforts were aided by unprecedented support from the highest levels of the executive branch, including the heads of eight cabinet-level agencies and their departments' resources. The presidentially appointed committee and its staff delved into long-forgotten Cold Warera government archives, listened to hours of public testimony, interviewed key players in the development of medical therapies and nuclear weapons, and studied ethical issues arising in today's research.

In this article we focus on a critical, but narrowly defined, part of the Advisory Committee's Final Report: remedying harms or wrongs to subjects of human radiation experiments conducted or sponsored by the U.S. government between 1944 and 1974.

Type
Article
Copyright
Copyright © American Society of Law, Medicine and Ethics 1996

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References

The Advisory Committee members were: Faden, Ruth Ph.D., M.P.H., Chair Feinberg, Kenneth, J.D. Glatstein, Eli, M.D. Katz, Jay, M.D. King, Patricia, J.D. Lederer, Susan, Ph.D. Macklin, Ruth, Ph.D. Norris, Lois Oleinick, Nancy, Ph.D. Royal, Henry, M.D. Russell, Philip, M.D. Stevenson, Mary Ann, M.D., Ph.D. Thomas, Duncan Ph.D.; and Tuckson, Reed M.D. The staff effort was directed by the team of: Daniel Gunman, J.D., Executive Director Kahn, Jeffrey Ph.D., M.P.H., Associate Director; and Anna Mastroianni, J.D. Associate DirectorGoogle Scholar
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In August 1996, it was reported that the parties in a 1994 class anion lawsuit, concerning total body irradiation experiments, had reached a $4.25 million settlement. This action was brought by the families of the University of Cincinnati radiation experiment subjects against the University of Cincinnati, the City of Cincinnati, federal project officers, and fifteen individual defendants, including physicians and researchers. The settlement is subject to approval by the court. Associated Press, “Lawyers Gather Support for Settlement in Radiation Testing,” Columbia Dispatch, Aug. 30, 1996, at 7B. Also in August 1996, it was reported that some of the defendants had agreed to a settlement in the case of experiments involving radioactive tracers in over 800 pregnant women at Vanderbilt University. Monsanto Company, who allegedly shipped the radioactive iron, and the federal government reportedly agreed to a $100,000 settlement. Trevison, C., “Radiation Settlement Sought; Would Allow Payments by Monsanto, Federal Government,” The Tennessean, Aug. 10, 1996, at 4B. Two other defendants, the Tennessee Department of Health and the Nutrition Foundation in Washington, earlier reportedly paid $100,000 and $125,000 to settle claims against them. Miller, C., “40s VU Test Didn't Explain Risk: Attorneys,” Nashville Banner, July 2, 1996, at B2. No settlement has been reached with Vanderbilt University, its medical center, or the Rockefeller Foundation. See Trevison, , id. at 4B.Google Scholar
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