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Related article • Frist is elected to lead refocused Senate GOP

Ties to Lilly • Vaccine suits: Tennessee's Bill Frist (above) wrote a bill that shielded Lilly and other vaccine makers from lawsuits over preservatives. • Contributions: Lilly and its employees gave $226,250 in 2002 to the National Republican Senatorial Campaign Committee, which Frist had led. • Book booster: Lilly bought 5,000 copies of Frist's book about bioterrorism.

Frist's new Senate role could bring help for Lilly

The majority leader, a doctor, wrote bill that shields vaccine makers from preservative suits.

By Maureen Groppe

mgroppe@gns.gannett.com

December 24, 2002

WASHINGTON -- Sen. Bill Frist's official ascension Monday as Senate majority leader could end up helping pharmaceutical giant Eli Lilly and Co.

Frist, R-Tenn., is the author of a controversial bill that contained a provision that protects Indianapolis-based Lilly and other companies from lawsuits over vaccine preservatives.

That provision mysteriously ended up in the homeland security bill passed by Congress in November, angering some lawmakers because of the protection given to vaccine makers.

Frist says he didn't insert the language in the legislation and has pledged to honor a promise made by his predecessor, Sen. Trent Lott, R-Miss., to modify the liability protection as soon as Congress returns in January.

"I don't expect any change with respect to this commitment, and I will be working to ensure it is carried out," said Sen. Olympia Snowe. She and fellow Maine Republican Sen. Susan Collins were among those who voiced the most objections to the protection.

Frist's spokesman, Nick Smith, said the senator has begun talking to colleagues about making the changes many lawmakers want.

But Frist, who now holds the most powerful position in the Senate, has said that he hopes to get his original bill passed after modifying the provision in the homeland security bill. The new legislation would include the liability protection and other measures aimed at securing a sufficient supply of vaccines.

Specifically, the provision would stop pending and future lawsuits against Lilly by families who believe their children were harmed by the mercury-based preservative thimerosal. Some people -- including U.S. Rep. Dan Burton, R-Ind. -- believe thimerosal can cause the debilitating neurological condition of autism.

In 1999, the Food and Drug Administration asked manufacturers to take thimerosal out of vaccines. Research has not proved thimerosal causes autism.

In addition to the vaccine legislation, Lilly has other ties to Frist, the Senate's only physician.

Lilly boosted the sales of Frist's book on bioterrorism, published after Sept. 11, 2001, by buying 5,000 copies and distributing them to doctors.

Smith, Frist's spokesman, said Lilly's promotion of the book did not affect the company's relationship with the senator.

"All of the book sales were handled by the publisher," Smith said. "I don't know that Senator Frist knew who was buying how many copies at what time."

As the head of the political committee to elect Republican senators, Frist was heavily involved in fund raising.

The pharmaceutical and health products industry gave the Republican campaign committee nearly $4 million, the largest amount from a corporate contributor, according to the Center for Responsive Politics.

Jamie Court, executive director of the Foundation for Taxpayer and Consumer Rights, said the liability protection is the drug companies' "first payback" for big campaign contributions.

Gannett News Service contributed to this report.

 

Call Maureen Groppe at 1-202-906-8118.