HHS Official Expects Probe Into Ex-Vaccine Chief's Ouster

By Julia Arciga
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Law360 (May 7, 2020, 7:34 PM EDT) -- Federal officials are likely to investigate claims by the United States' former top vaccine researcher that he was ousted for resisting calls to promote a anti-malaria regimen as a possible treatment for COVID-19, the fired scientist's successor told lawmakers Thursday.

Gary Disbrow, the acting director of HHS' Biomedical Advanced Research and Development Authority, wouldn't comment on the veracity of Rick Bright's claims when asked about them early in a hearing of the Senate Committee on Health, Education, Labor and Pensions. However, Disbrow predicted the potential probe when Sen. Chris Murphy, D-Conn., insisted the matter was an issue of "public policy."

"Would you agree that getting to the bottom of the allegations that he makes is important for you as the temporary or acting head of this agency?" Murphy asked.

"I do think it's important, and I'm sure there will be an investigation," Disbrow replied.

Bright on Tuesday submitted a whistleblower complaint to the U.S. Office of Special Counsel complaining that he was reassigned to a post at the National Institutes of Health for refusing to recommend treatments that were not "scientifically vetted solutions."

Bright claimed he was transferred away from his post as the head of BARDA in late April after he resisted providing malaria drugs chloroquine and hydroxychloroquine to the public to treat COVID-19. While the scientific merits of both drugs as a cure are lacking, President Trump has publicly praised them as potential solutions to the coronavirus crisis.

Bright also claimed his push for vaccine and drug development as early as January was met with "indifference" and "hostility" from HHS leadership. On Tuesday, Bright's whistleblower complaint requested his reinstatement as BARDA chief and an investigation into his ouster.

During the hearing lawmakers also discussed a new National Institutes of Health initiative to encourage the development of coronavirus testing technology.

The program will vet proposals for a scalable COVID-19 test that could give rapid results and would help the U.S. meet its testing need. It was billed as a "Shark Tank"-like program, referencing the competitive reality show where entrepreneurs try to convince investors to support their startups.

Committee Chair Lamar Alexander, R-Tenn., said $1.5 billion is slated for the NIH program. BARDA is also slated to receive $1 billion to increase the production of those new tests, according to the senator.

Francis Collins, director of the NIH, told lawmakers that 1,000 applications are on its way to the agency and a number of them have already been picked by experts to move further into the vetting process. He also said many of the applications were from small businesses, and some used CRISPR gene-editing technology.

"The game is on, and it's going to be a wild ride," he said.

However, many senators expressed concerns over the supply chain surrounding coronavirus tests and potential solutions to the virus. Sen. Elizabeth Warren, D-Mass., said a lack of swabs for tests could topple the remedies that new technology could bring.

"To put it bluntly, even if we come up with vaccines or better tests ... if we don't have the right supplies, if we don't have enough cotton swabs, if we don't have enough reagents, if we don't have enough glass — then it's not going to do us any good because we won't be able to get the job done," she said.

Sen. Patty Murray, D-Wash., also pressed the witnesses and her colleagues to remember the seriousness in the coronavirus crisis.

"While I appreciate this 'Shark Tank' initiative to develop new tests, we have to remember that the fight against this virus is reality. It is not reality television," she said.

--Editing by Brian Baresch.

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