Special Counsel Scott Bloch’s letter to Congress
May 20, 2004
The Honorable Judd Gregg
United States Senate
Chairman, Committee on Health,
Education, Labor and Pensions
428 Dirksen Senate Office Building
Washington, D.C. 20510-6300
The Honorable Joe Barton
U.S. House of Representatives
Chairman, Committee on Energy and Commerce
2125 Rayburn House Office Building
Washington, D.C. 20515
Re:
OSC File Nos.: DI-04-1399, et al.
Gentlemen:
The U.S. Office of Special Counsel (OSC) is authorized to receive
disclosures of information from federal employees, former federal
employees or applicants for federal employment alleging violations
of law, rule, or regulation, gross mismanagement, gross waste of
funds, an abuse of authority, or a substantial and specific danger
to public health or safety. 5 U.S.C. § 1213(a) and (b). As Special
Counsel, if I find, on the basis of the information disclosed, that
there is a substantial likelihood that one of these conditions
exists, I am required to advise the appropriate agency head of my
findings, and the agency head is required to conduct an
investigation of the allegations and prepare a report. 5 U.S.C. §
1213(c) and (g).
I have recently received hundreds of disclosures from private
citizens alleging a widespread danger to the public health,
specifically to infants and toddlers, caused by childhood vaccines
which include thimerosal, a mercury-containing preservative. As you
know, the vaccine program is administered by the U.S. Department of
Health and Human Services (HHS), over which you have oversight
jurisdiction. Because none of the individuals making the disclosures
are federal employees, former federal employees or applicants for
federal employment, OSC lacks jurisdiction over these cases and can
legally take no action on the allegations. 5 U.S.C. § 1213(a)(1). I
hasten to add, however, that based on the publicly available
information, as discussed briefly below, it appears there may be
sufficient evidence to find a substantial likelihood of a
substantial and specific danger to public health caused by the use
of thimerosal/mercury in vaccines because of its inherent toxicity.
Due to the gravity of the allegations, I am forwarding a copy of the
information disclosed to you in your capacity as Chairmen of the
Senate Committee and House Committee with oversight authority for
HHS. I hope that you will review these important issues and press
HHS for a response to this very serious public health danger.
The disclosures allege that thimerosal/mercury is still present in
childhood vaccines, contrary to statements made by HHS agencies, HHS
Office of Investigations and the American Academy of Pediatrics.
According to the information provided, vaccines containing 25 mcg of
mercury and carrying expiration dates of 2005, continue to be
produced and administered. In addition, the disclosures allege,
among other things, that some datasets showing a relationship
between thimerosal/mercury and neurological disorders no longer
exist, that independent researchers have been arbitrarily denied
access to Centers for Disease Control and Prevention (CDC)
databases, and that government-sponsored studies have not assessed
the genetic vulnerabilities of subpopulations. Due to their
heightened concern that additional datasets may be destroyed, these
citizens urge the immediate safeguarding of the Vaccine Safety
Datalink database, and other relevant CDC information, so that
critical data are not lost.
The disclosures also allege that the CDC and the Food and Drug
Administration colluded with pharmaceutical companies at a
conference in Norcross, Georgia, in June 2000, to prevent the
release of a study which showed a statistical correlation between
thimerosal/mercury exposure through pediatric vaccines and
neurological disorders, including autism,
Attention-Deficit/Hyperactivity Disorder, stuttering, tics and
speech and language delays. Instead of releasing the data presented
at the conference, the author of the study, Dr. Thomas Verstraeten,
later published a different version of the study in the November
2003 issue of Pediatrics, which did not show a statistical
correlation. No explanation has been provided for this discrepancy.
Finally, the disclosures allege that there is an increasing body of
clinical evidence on the connection of thimerosal/mercury exposure
to neurological disorders which is being ignored by government
public health agencies.
I recognize that Congressman Dan Burton, Chairman of the House
Committee on Government Reform, held hearings on CDC Activities
Related to Autism most recently in April 2002 as well as from
1999-2001. During those hearings Dr. David Baskin, a Baylor School
of Medicine neurologist, testified about his research and the
serious consequences of exposure to mercury. Dr. Baskin concluded
that even if the link to autism has not yet been conclusively
proven, based on what is known to date about mercury as a deadly
neurotoxin and because thimerosal is not an essential component to
the vaccine, there is no reason to continue to purposefully inject
it into the bloodstream of infants.
I believe these allegations raise serious continuing concerns about
the administration of the nation’s vaccine program and the
government’s possibly inadequate response to the growing body of
scientific research on the public health danger of mercury in
vaccines. The allegations also present troubling information
regarding children’s cumulative exposure to mercury and the
connection of that exposure to the increase in neurological
disorders such as autism and autism-related conditions among
children in the U.S. Indeed, the considerable scientific debate that
continues to surround the issue of autism and vaccines in the U.S.
is exemplified by the recent publication of an article in the
National Journal, “Upping the Autism Ante,” describing some research
which seems to show an association between exposure to thimerosal
and autism, and a report released just yesterday by the Institute of
Medicine that found no link between vaccines and autism. I have
attached a copy of the National Journal article for your review.
Accordingly, because OSC lacks jurisdiction, we are
closing our files on these cases. I am also available for any
questions you may have, or to offer the services of this office to
assist you with any inquiry.
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Sincerely,
Scott J. Bloch |
Enclosures
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