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Federal Watchdog Says Coronavirus Whistle-Blower Should Be Reinstated as It Investigates Federal Watchdog Says Coronavirus Whistle-Blower Should Be Reinstated as It Investigates
(about 8 hours later)
WASHINGTON — A federal investigative office has found “reasonable grounds to believe” that the Trump administration was retaliating against a whistle-blower, Dr. Rick Bright, when he was ousted from a government research agency combating the coronavirus — and said he should be reinstated for 45 days while it investigates, his lawyers said Friday.WASHINGTON — A federal investigative office has found “reasonable grounds to believe” that the Trump administration was retaliating against a whistle-blower, Dr. Rick Bright, when he was ousted from a government research agency combating the coronavirus — and said he should be reinstated for 45 days while it investigates, his lawyers said Friday.
The lawyers, Debra S. Katz and Lisa J. Banks, said in a statement that they were notified late Thursday afternoon that the Office of Special Counsel, which protects whistle-blowers, had “made a threshold determination” that the Department of Health and Human Services “violated the Whistleblower Protection Act by removing Dr. Bright from his position because he made protected disclosures in the best interest of the American public.”The lawyers, Debra S. Katz and Lisa J. Banks, said in a statement that they were notified late Thursday afternoon that the Office of Special Counsel, which protects whistle-blowers, had “made a threshold determination” that the Department of Health and Human Services “violated the Whistleblower Protection Act by removing Dr. Bright from his position because he made protected disclosures in the best interest of the American public.”
The finding comes just days after the lawyers filed a whistle-blower complaint saying that Dr. Bright’s removal last month as head of the Biomedical Advanced Research and Development Authority was payback. They said Dr. Bright, who was reassigned to a narrower job at the National Institutes of Health, had tried to expose “cronyism” and corruption at the Department of Health and Human Services while pressing for a more robust coronavirus response and opposing the stockpiling of antimalaria drugs championed by President Trump.The finding comes just days after the lawyers filed a whistle-blower complaint saying that Dr. Bright’s removal last month as head of the Biomedical Advanced Research and Development Authority was payback. They said Dr. Bright, who was reassigned to a narrower job at the National Institutes of Health, had tried to expose “cronyism” and corruption at the Department of Health and Human Services while pressing for a more robust coronavirus response and opposing the stockpiling of antimalaria drugs championed by President Trump.
The recommendation is not binding. A year ago, the same office said Mr. Trump’s senior adviser, Kellyanne Conway, should be fired for repeatedly violating legal prohibitions on using her position for political purposes. The president ignored the recommendation.The recommendation is not binding. A year ago, the same office said Mr. Trump’s senior adviser, Kellyanne Conway, should be fired for repeatedly violating legal prohibitions on using her position for political purposes. The president ignored the recommendation.
It will now be up to the secretary of health and human services, Alex M. Azar II, to decide whether to send Dr. Bright back to BARDA during the Office of Special Counsel inquiry.It will now be up to the secretary of health and human services, Alex M. Azar II, to decide whether to send Dr. Bright back to BARDA during the Office of Special Counsel inquiry.
If Mr. Azar refuses, Dr. Bright’s complaint would ordinarily be sent to the Merit Systems Protection Board, an independent quasi-federal agency charged with deciding claims of whistle-blower reprisal. But the Senate has not confirmed Mr. Trump’s nominees to the board, leaving it with no members.If Mr. Azar refuses, Dr. Bright’s complaint would ordinarily be sent to the Merit Systems Protection Board, an independent quasi-federal agency charged with deciding claims of whistle-blower reprisal. But the Senate has not confirmed Mr. Trump’s nominees to the board, leaving it with no members.
“Dr. Bright should not be denied the right to have his complaint investigated fully and fairly before he is formally transferred to N.I.H. — a move that will harm not only him, but the country as well,” the lawyers’ statement said. “This country is in an unprecedented health crisis and needs the expertise of Dr. Bright to lead the nation’s efforts to combat Covid-19. A spokeswoman for the Health and Human Services Department, Caitlin Oakley, declined to say what Mr. Azar would do.“Dr. Bright should not be denied the right to have his complaint investigated fully and fairly before he is formally transferred to N.I.H. — a move that will harm not only him, but the country as well,” the lawyers’ statement said. “This country is in an unprecedented health crisis and needs the expertise of Dr. Bright to lead the nation’s efforts to combat Covid-19. A spokeswoman for the Health and Human Services Department, Caitlin Oakley, declined to say what Mr. Azar would do.
“This is a personnel matter that is currently under review,” she said. “However, H.H.S. strongly disagrees with the allegations and characterizations in the complaint from Dr. Bright.”“This is a personnel matter that is currently under review,” she said. “However, H.H.S. strongly disagrees with the allegations and characterizations in the complaint from Dr. Bright.”
Ms. Banks and Ms. Katz said it was “a common occurrence” for agencies to heed the Office of Special Counsel’s requests to stay personnel actions when it finds evidence that retaliation occurred. In its budget request to Congress for the 2021 fiscal year, the office reported negotiating 31 stays with federal agencies in the last year and said it had “achieved 27 disciplinary actions, upholding accountability and sending a clear message” that the government does not tolerate whistle-blower reprisals.Ms. Banks and Ms. Katz said it was “a common occurrence” for agencies to heed the Office of Special Counsel’s requests to stay personnel actions when it finds evidence that retaliation occurred. In its budget request to Congress for the 2021 fiscal year, the office reported negotiating 31 stays with federal agencies in the last year and said it had “achieved 27 disciplinary actions, upholding accountability and sending a clear message” that the government does not tolerate whistle-blower reprisals.
Dr. Bright is scheduled to testify next week before a House panel led by Representative Anna G. Eshoo, Democrat of California, who helped create BARDA and has called for an investigation into his removal. Ms. Eshoo has said she would also like to hear from Dr. Robert P. Kadlec, the assistant secretary for preparedness and response, and Mr. Azar.Dr. Bright is scheduled to testify next week before a House panel led by Representative Anna G. Eshoo, Democrat of California, who helped create BARDA and has called for an investigation into his removal. Ms. Eshoo has said she would also like to hear from Dr. Robert P. Kadlec, the assistant secretary for preparedness and response, and Mr. Azar.
The special counsel’s finding is a first step but a victory nonetheless for Dr. Bright, who was transferred to N.I.H., he has said, after he tried to put controls on the use of a malaria drug, hydroxychloroquine, that Mr. Trump had heralded as a treatment for the coronavirus but was unproven for that use.The special counsel’s finding is a first step but a victory nonetheless for Dr. Bright, who was transferred to N.I.H., he has said, after he tried to put controls on the use of a malaria drug, hydroxychloroquine, that Mr. Trump had heralded as a treatment for the coronavirus but was unproven for that use.
In his 89-page complaint, Dr. Bright said his boss at the Health and Human Services Department, Dr. Kadlec, repeatedly pressured him to steer millions of dollars’ worth of contracts to the clients of a well-connected consultant. He also described what he called “opposition” from department superiors — including Mr. Azar — when he pushed as early as January for the necessary resources to develop drugs and vaccines to counter the emerging coronavirus pandemic.In his 89-page complaint, Dr. Bright said his boss at the Health and Human Services Department, Dr. Kadlec, repeatedly pressured him to steer millions of dollars’ worth of contracts to the clients of a well-connected consultant. He also described what he called “opposition” from department superiors — including Mr. Azar — when he pushed as early as January for the necessary resources to develop drugs and vaccines to counter the emerging coronavirus pandemic.
John Clerici, the health care consultant singled out, has said the allegations are baseless. Dr. Kadlec and Mr. Azar have not responded directly, though Mr. Trump has called Dr. Bright “disgruntled.”John Clerici, the health care consultant singled out, has said the allegations are baseless. Dr. Kadlec and Mr. Azar have not responded directly, though Mr. Trump has called Dr. Bright “disgruntled.”
On Tuesday, after Dr. Bright’s complaint was filed, Ms. Oakley, the spokeswoman for the Department of Health and Human Services, said that Dr. Bright had been “transferred to N.I.H. to work on diagnostics testing — critical to combating Covid-19 — where he has been entrusted to spend upward of $1 billion to advance that effort.”On Tuesday, after Dr. Bright’s complaint was filed, Ms. Oakley, the spokeswoman for the Department of Health and Human Services, said that Dr. Bright had been “transferred to N.I.H. to work on diagnostics testing — critical to combating Covid-19 — where he has been entrusted to spend upward of $1 billion to advance that effort.”
Updated June 30, 2020 Updated June 24, 2020
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles.Scientists around the country have tried to identify everyday materials that do a good job of filtering microscopic particles. In recent tests, HEPA furnace filters scored high, as did vacuum cleaner bags, fabric similar to flannel pajamas and those of 600-count pillowcases. Other materials tested included layered coffee filters and scarves and bandannas. These scored lower, but still captured a small percentage of particles.
A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise “comes with issues of potential breathing restriction and discomfort” and requires “balancing benefits versus possible adverse events.” Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. “In my personal experience,” he says, “heart rates are higher at the same relative intensity when you wear a mask.” Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.
The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.
The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who don’t typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the country’s largest employers, and gives small employers significant leeway to deny leave.
So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was “very rare,” but she later walked back that statement.
Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus — whether it’s surface transmission or close human contact — is still social distancing, washing your hands, not touching your face and wearing masks.
A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.
The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nation’s job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.
Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.
If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)
If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.If you’ve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.
“We are deeply disappointed that he has not shown up to work on behalf of the American people and lead on this critical endeavor,” she added.“We are deeply disappointed that he has not shown up to work on behalf of the American people and lead on this critical endeavor,” she added.
Dr. Bright, an influenza expert, ran BARDA for nearly four years. The tiny agency, created in 2006 as a response to the Sept. 11, 2001, attacks, teams up with industry in developing “medical countermeasures” that can be stockpiled by the federal government to combat biological or chemical attacks and pandemic threats.Dr. Bright, an influenza expert, ran BARDA for nearly four years. The tiny agency, created in 2006 as a response to the Sept. 11, 2001, attacks, teams up with industry in developing “medical countermeasures” that can be stockpiled by the federal government to combat biological or chemical attacks and pandemic threats.
BARDA has spent billions of dollars on contracts with dozens of different suppliers, including major pharmaceutical companies and smaller biotechnology firms. In February, it awarded $456 million to Janssen Pharmaceuticals, a part of Johnson & Johnson, to develop a coronavirus vaccine.BARDA has spent billions of dollars on contracts with dozens of different suppliers, including major pharmaceutical companies and smaller biotechnology firms. In February, it awarded $456 million to Janssen Pharmaceuticals, a part of Johnson & Johnson, to develop a coronavirus vaccine.
In a brief statement when the whistle-blower complaint was filed, Dr. Bright said the last several years of working under Dr. Kadlec, who became his boss after Mr. Trump became president, had been “beyond challenging.”In a brief statement when the whistle-blower complaint was filed, Dr. Bright said the last several years of working under Dr. Kadlec, who became his boss after Mr. Trump became president, had been “beyond challenging.”
“Time after time, I was pressured to ignore or dismiss expert scientific recommendations and instead to award lucrative contracts based on political connections,” Dr. Bright said.“Time after time, I was pressured to ignore or dismiss expert scientific recommendations and instead to award lucrative contracts based on political connections,” Dr. Bright said.
The tensions between the two culminated last month when Dr. Bright, alarmed at the administration’s push to make the malaria drug widely available, leaked emails to a reporter for Reuters. Dr. Bright was removed in days.The tensions between the two culminated last month when Dr. Bright, alarmed at the administration’s push to make the malaria drug widely available, leaked emails to a reporter for Reuters. Dr. Bright was removed in days.
“I believe this transfer was in response to my insistence that the government invest the billions of dollars allocated by Congress to address the Covid-19 pandemic into safe and scientifically vetted solutions, and not in drugs, vaccines and other technologies that lack scientific merit,” he said in a statement at that time. “I am speaking out because to combat this deadly virus, science — not politics or cronyism — has to lead the way.”“I believe this transfer was in response to my insistence that the government invest the billions of dollars allocated by Congress to address the Covid-19 pandemic into safe and scientifically vetted solutions, and not in drugs, vaccines and other technologies that lack scientific merit,” he said in a statement at that time. “I am speaking out because to combat this deadly virus, science — not politics or cronyism — has to lead the way.”