63 Documents the Government Doesn't Want You to Read - Jesse Ventura [20]
There is no provision in the Nuremberg Code that allows a country to waive informed consent for military personnel or veterans who serve as human subjects in experiments during wartime or in experiments that are conducted because of threat of war. However, the DOD has recently argued that wartime experimental requirements differ from peacetime requirements for informed consent. According to the Pentagon, “In all peacetime applications, we believe strongly in informed consent and its ethical foundations . . . . . But military combat is different.” (Note 7) The DOD argued that informed consent should be waived for investigational drugs that could possibly save a soldier’s life, avoid endangerment of the other personnel in his unit, and accomplish the combat mission.
More than a decade after the development of the Nuremberg Code, the World Medical Association prepared recommendations as a guide to doctors using human subjects in biomedical research. As a result, in 1964 the Eighteenth World Medical Assembly met in Helsinki, Finland, and adopted recommendations to be used as an ethical code by all medical doctors conducting biomedical research with human subjects. This code, referred to as the Declaration of Helsinki, was revised in 1975, 1983, and 1989. (Note 8) It differs from the Nuremberg Code in certain important respects. The Declaration of Helsinki distinguishes between clinical (therapeutic) and nonclinical (nontherapeutic) biomedical research, and addresses “proxy consent” for human subjects who are legally incompetent, such as children or adults with severe physical or mental disabilities. (Note 9) Proxy consent for legally competent military personnel who participate in military research is not considered appropriate under the Nuremberg Code or the Declaration of Helsinki.
On June 18, 1991, the Federal Government announced that 16 U.S. governmental agencies would abide by a set of regulations, referred to as the “Common Rule,” designed to protect human subjects who participate in federally funded research. (Note 10) The provisions of the “Common Rule,” first promulgated for the Department of Health and Human Services (DHHS) in 1974, described how federally funded research involving human subjects shall be conducted. However, local Institutional Review Boards (IRB’s) may revise or exclude some or all consent elements if the research exposes subjects to no more than “minimal risk,” meaning “that the probability and magnitude of harm or discomfort anticipated in the research are not greater in and of themselves than those ordinarily encountered in daily life or during the performance of routine physical or psychological examinations or tests.” (Note 11) IRB’s vary greatly in their interpretation of the risks of daily life.
There are three provisions governing research funded by DHHS that are intended to protect vulnerable populations, such as pregnant women and fetuses, prisoners, and children. (Note 12) There are no special Federal regulations to protect military personnel when they participate as human subjects in federally funded research, despite logical questions about whether military personnel can truly “volunteer” in response to a request from a superior officer.
Current law prevents the Department of Defense from using Federal funds for research involving the use of human experimental subjects, unless the subject gives informed consent in advance. This law applies regardless of whether the research is intended to benefit the subject. (Note 13)
21 & 22.
WAR’S REAL COST
Gulf War Illness and Our Veterans
Bringing things up-to-date, here are parts of two documents from 2010. The first comes straight from the Department of Veterans Affairs, and it has some pretty shocking statistics on how many veterans of the first Gulf War have suffered adverse health consequences. The second is testimony from Paul Sullivan, Executive