Lawyers Analyze ‘Hot-Button’ Special Counsel Letter
Two Mintz attorneys say it will be important to watch and see what new leadership at HHS and Democrats and Republicans in Congress will do with a 3/31 letter from special counsel Henry Kerner to President Joe Biden faulting the way FDA handled a Team Biologics whistleblower complaint that alleged improprieties in compliance inspections at vaccine manufacturing facilities. In their online post, Jane Haviland and Joanne Hawana say the issue could lead to additional investigation and potentially public hearings, especially with congressional reauthorization of various user fee programs ahead as must-pass items for 2022.
The post reviews the whistleblower’s complaints and the concerns expressed by Kerner about FDA’s investigation.
“It is almost certain that these findings and special counsel Kerner’s 3/31 letter will become a hot-button issue for FDA to respond to and defend as Congress begins its work to reauthorize prescription drug, biologic, and medical device user fee programs, which are expected to include significant increases in funding for the agency’s biologics Center in particular (which oversees vaccines, cell therapies, gene therapies, blood products, and others,” the attorneys conclude. “A controversy that involves the relatively small Team Biologics also has the potential to adversely affect the public’s perception of the safety of Covid-19 vaccines that are actively being rolled out to communities and may cause an increase in vaccine skepticism.”