House Panel Will Not Pursue Contempt Charges Against Leavitt In Ketek Case

Main Category: Medical Malpractice / Litigation
Also Included In: Regulatory Affairs / Drug Approvals
Article Date: 14 Mar 2008 - 7:00 PDT

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House Energy and Commerce Committee spokesperson Jodi Seth on Tuesday said that committee leaders will not pursue contempt of Congress charges against HHS Secretary Mike Leavitt for failure to comply with a subpoena for documents used to prepare testimony from FDA Commissioner Andrew von Eschenbach about the antibiotic Ketek, CQ HealthBeat reports. Committee leaders made the decision after Leavitt late last month said that HHS will allow congressional investigators to review the documents and speak with staff members who helped prepare the testimony (CQ HealthBeat, 3/11).

In February, committee leaders said that the Bush administration failed to comply with a subpoena for the documents and that they might hold Leavitt in contempt as a result. During a hearing held by the House Energy and Commerce Oversight and Investigations Subcommittee in March 2007, von Eschenbach testified about issues related to FDA approval of Ketek, which reports have linked with a number of serious side effects. Some committee Democrats believe that von Eschenbach perjured himself during his testimony (Kaiser Daily Health Policy Report, 3/3).

Seth said, "The committee and HHS have come to an agreement regarding the viewing of the materials," adding, "We are working to determine a mutually convenient time and place to review the records" (CQ HealthBeat, 3/11).

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