-Caveat Lector-

Massachusetts Lawmaker To Introduce Bill Banning Anthrax Vaccine Use


Stars and Stripes Omnimedia
April 18, 2001

Massachusetts Lawmaker To Introduce Bill Banning Anthrax Vaccine Use On
State's Military

By Dave Eberhart
Stars and Stripes Veterans Affairs Editor

[Stars and Stripes Omnimedia is a privately owned news source and is in no
way
affiliated with the U.S. government.

When a frustrated and ailing Capt. Jason Nietupski of the 104th Fighter
Wing at Barnes Air National Guard Base in
Massachusetts met recently with state Rep. Mary Rogeness, he hoped she
could light a fire under his disability claim for
severe reactions to the military's anthrax vaccine.

Rogeness not only promised to help, but will introduce legislation April
23 to prohibit "the administration of experimental
drugs and vaccines to members of the Massachusetts militia."

Rogeness told The Stars and Stripes April 18 that she is canvassing her
colleagues for co-sponsors. "I've had lots of
positive responses," said Rogeness, the daughter of a doctor who served in
the Navy during World War II.

Adverse Reactions

"A constituent from my district, U.S. Army Reserve Captain Jason
Nietupski, has suffered adverse reactions to the anthrax
vaccination including life-threatening blood clots in one leg," Rogeness
tells her fellow lawmakers. "Captain Nietupski was
vaccinated in February 2000, prior to being deployed to South Korea. He is
currently a patient at the Northampton VA Hospital.

"Scores of other service members nationwide have complained of similar
serious reactions to the vaccine. Presently, the
U.S. military has a mandatory anthrax vaccination program which is
intended to protect against biological warfare. It is my
hope to protect the members of the Massachusetts Guard from being forced
to take such an experimental vaccine."

The bill prohibits the Massachusetts adjutant general from administering
"any drug or vaccine to any member of the
organized militia, State Guard or naval militia, not in the service of the
United States" unless it is licensed by the U.S. Food
and Drug Administration "for its intended purpose," is used in accordance
FDA rules and "has been proven to be both safe
and efficacious in clinical tests on human beings."

Rogeness said she decided to act after considering the "whole package" of
information about the anthrax vaccine, including
"extensive documentation" provided by Nietupski.

Nietupski, who has received training in hospital administration, April 18
provided written testimony to a special panel of
the National Academy of Sciences' Institute of Medicine (IOM), meeting in
Washington, D.C., to assess the controversial vaccine.

"The VA continues to argue that my injuries from the anthrax vaccine are
not considered service-connected injuries," he
testifed.

Nietupski maintains that a memorandum from Assistant Secretary of Defense
Dr. Sue Bailey stipulates that any adverse
reactions to the anthrax vaccine are "service-connected." The memorandum
is titled, "Ensuring Reserve Components Have
Full Access to DoD Military Treatment Facilities for Treatment and
Evaluation of Adverse Events from DoD Directed
Immunizations."

Others testifying before the IOM panel included Air Force Capt. John Buck,
an emergency medicine physician at Keesler
Air Force Base, La., who faces a court-martial May 15 for refusing the
vaccine.

Buck told the panel that if a Coca Cola plant were to receive the same FDA
discrepancy reports as has the BioPort Corp.,
of Lansing, Mich.--the sole manufacturer of the anthrax vaccine--"that
coke would not be allowed to be distributed to the
public. Any that made it out the door would be recalled."


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