| Frist makes deal to cut
protection for Eli Lilly
Tennessean News Services
WASHINGTON Senate Majority Leader Bill Frist, R-Tenn., announced
a deal yesterday to repeal controversial measures tacked onto the law
creating the new Homeland Security Department, including an amendment
granting vaccine-makers liability protection.
The provisions were inserted into the legislation at the 11th hour last
fall. Critics had denounced the maneuver, saying the provisions were
unrelated to the main bill and were inserted to benefit special interests.
The agreement to undo the provisions was a departure from the norm on
Capitol Hill.
Frequently, special-interest favors are slipped into bills at the end of
a congressional session. Rarely, if ever, are they yanked off the books
within weeks of enactment.
But that is what the Republican-led Congress is about to do under the
pact that Frist and his House counterparts struck with a trio of GOP
centrists.
Legislation to scrap the vaccine-liability language will move in the
Senate next week, Frist said.
It then is expected to win speedy approval from the House. The
legislation will be attached to a major government spending bill that
President Bush is expected to sign.
The deal honored a pledge made last year by Frist's predecessor, Sen.
Trent Lott of Mississippi. But it still was a major concession by the new
majority leader in his first week on the job.
The agreement could help Frist bank important good will from GOP
centrists as he seeks their much-needed support for Bush's legislative
agenda.
''I appreciate (Frist's) efforts to address these unresolved issues from
the homeland security bill,'' said one of the three centrists, Sen. Lincoln
Chafee, R-R.I.
Lawmakers and aides marveled at the deal, which was a setback for some
influential Washington lobbies. ''It's not a normal occurrence,'' said Dave
Lemmon, an aide to Sen. Debbie Stabenow, D-Mich., a critic of the vaccine
provision.
During the final debates last year on the homeland security bill, Frist
had argued forcefully for the language granting liability protection to
makers of mercury-based vaccine preservatives.
As sponsor of a separate vaccine bill that contained almost identical
language, Frist said such measures were needed to boost an industry
essential for public health. His argument was influential: He is the only
physician in the Senate and one of his party's leaders on medical issues.
At the time, Frist voted against a Democratic amendment to strike the
vaccine-liability language.
But the issue did not go away. Critics accused congressional Republicans
of tilting the legal system in favor of drug companies at the expense of
autistic children. Hundreds of parents have alleged in lawsuits that the
vaccine preservative thimerosal caused autism in their children. Eli Lilly &
Co., the preservative's chief maker, and other defendants in the suits deny
the charge.
Frist's name also had surfaced in connection with the legislation because
he headed Senate Republicans' political fund-raising arm.
Critics pointed to the amount of money Eli Lilly and the pharmaceutical
industry had donated to Republicans.
Eli Lilly was one of the most generous campaign contributors from the
industry in the 2002 elections, giving about $1.4 million to federal
candidates and parties, according to the nonpartisan Center for Responsive
Politics. Three-quarters went to Republicans.
The entire pharmaceutical and health products industry was the largest
corporate contributor to the National Republican Senatorial Committee, the
political arm of Senate Republicans that was headed by Frist.
Frist's rise to majority leader, after the agreement to renegotiate had
been made, may have added to the pressure on lawmakers to repeal the
provision. Democrats had said the negotiations would be a test of Frist's
independence from the pharmaceutical industry.
Under the provision added to the homeland security bill, plaintiffs in
the thimerosal litigation are forced to seek compensation out of court,
through a special victims fund. Under the proposal Frist agreed to, the
provision would be repealed and the legal cases could proceed without
interruption.
However, Frist secured a commitment from Chafee and his two GOP allies,
Sens. Susan Collins and Olympia J. Snowe of Maine, for the Senate to revisit
the issue later in the year. He told reporters he wanted ''a more
comprehensive approach'' to vaccine-related reforms. Asked if he had changed
his mind about the need for certain liability protections for the vaccine
industry, he said, ''Absolutely not.''
Indianapolis-based Eli Lilly said in a statement that the company was
disappointed. ''However, Lilly agrees that the process by which this
legislation was enacted was not desirable,'' spokesman Ed Sagebiel said.
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