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here, in which FDA was extraordinarily scrupulous when it came
to releasing drugs for use by the American people, and not at all
cautious in other cases.
We just heard, for example, that they whisked a drug to Yugosla-
via for Chairman Tito who is dying, and yet our own people who
are dying with the same kind of affliction cannot get this so-called
miracle drug.
We know that a Federal jury recently awarded $20,000 in dam-
ages to parents of a child born with birth defects caused by bendec-
tin, a drug commonly used for morning sickness during the first 3
months of pregnancy. Medical journals have reported 180 cases of
birth defects due to bendectin, and yet this drug has not been
questioned at all by the FDA or taken off the market.
We know that even in the case of aspirin, which is frequently
prescribed for arthritis and other types of afflictions, can be dam-
aging. I want to ask some questions when we get to some of the
doctors, about aspirin and other drugs and also whether they are
being unmercifully scrupulous to a point of absurdity when it
comes to DMSO.
While I will accept, as a Member of Congress, some of the re-
sponsibility for some of their scrupulosity, I will not accept all of it
because I think that they have hindered progress in many areas.
Mr. DUNCAN. Well, Ms. Oakar, the only comment I would make
on that, I guess, is that the FDA is not perfect. It is a human
institution and subject to the same imperfections as this human
institution called the Congress.
While I agree and would be as critical as you in those instances
that you have mentioned, I would also say that the American
people were pretty grateful to them with respect to thalidomide.
So as far as FDA is concerned, I am asking for an understanding
of the difficult, narrow, perilous line that they have to walk. I
caution you as you approach the FDA law to understand that the
sword that we fashioned to solve today's problem will be used
against you tomorrow to deter you from solving tomorrow's prob-
lem unless you fashion that sword, that legislative sword, with a
great deal of wisdom today.
I guess what I am suggesting is that yes, we need to prod the
FDA with respect to their attitudes toward both keeping unsafe
drugs off and letting safe drugs on. We also need to look at our
own procedures and attempt to anticipate to the extent we can and
remove these absolute barriers to action that sometimes do exist in
a case like this.
MS. OAKAR. Thank you very much.
The CHAIRMAN. Mr. Duncan, we thank you very much for
coming and giving your valuable testimony.
Mr. DUNCAN. Thank you, Senator. I am grateful to you for
holding these hearings. You might be interested to know that Mr.
Natcher of the Subcommittee on HEW Appropriations plans hear-
ings on this same subject later in the year.
The CHAIRMAN. Our next witness is another of our distinguished
colleagues, Hon. Steven Symms of Idaho.
