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Official Letter of Complaint to Dr. Elias A. Zerhouni, Director NIH about SWFBR's Treatment of Primates
Dr Elias A Zerhouni, Director
2/6/08 Dr. Zerhouni, I am writing to you today in reference to documentation regarding several research projects currently underway at the Southwest Foundation for Biomedical Research (SWFBR) in San Antonio. The National Institutes of Health currently funds several grants at this facility including involving baboons:
I have recently obtained documentation from the United States
Department of Agriculture which reveals that that this facility was
cited on 4/3/07 for the performance of an unapproved surgical procedure
on a primate. This procedure was a necropsy and tissue harvest that went
terribly wrong because the baboon was not euthanized before the
procedure was begun. The USDA inspector justifiably chastised the SWFBR
staff: SWFBR is also cited in this inspection for the performance of multiple survival surgeries on a primate without approval from the USDA, another unapproved procedure. In fact, the citation on this date is a repeat citation of an infraction that originally occurred on 7/13/06. (See attached inspection reports) These situations led to multiple violations of the Animal Welfare Act (2.31 (c)(3), 2.31 (c)(4), 2.31 (d)(1)(ii), 2.31(d)(1)(x), 2.31 (e)(3), 2.31(d)(1)(xi), 2.33(b), etc see attached USDA inspection reports dated 4/3/07, 11/28/06, 7/13/06. This situation led to multiple issues regarding compliance with NIH guidelines including: 1. Failure to adhere to PHS Policy and the Animal Welfare Act All of these issues are directly addressed by the USDA inspection report. Pursuant to NIH policy, we ask that the NIH take appropriate disciplinary action including: 1) demanding full repayment of the grant money spent during the period of noncompliance; 2) prohibiting the offender from ever receiving another NIH grant; 3) revoking Southwest Foundation for Biomedical Research�s Office of Laboratory Animal Welfare (OLAW) accreditation; and 4) further investigating Southwest Foundation for Biomedical Research for further noncompliance with animal welfare laws during the entire funding period of the grant(s) in question. Additionally, I believe that it is will be important to examine all primate protocols at this facility for similar violations. Full institutional compliance with all Public Health Service (PHS) and USDA regulations is �an absolute requirement� of PHS Policy IV.C.1.a. g. and is required for the retention of OLAW Assurance approval. Furthermore, using PHS and USDA classifications, the above incidents of noncompliance must be classified as �serious deficiencies,� as they all constitute a threat to the health and safety of animals at Southwest Foundation for Biomedical Research. As you are aware, the provisions outlined in NOT-OD-07-044 specify
the following: 1. The conduct of animal activities in the absence of a valid
Assurance on file with OLAW. The aforementioned incidents of noncompliance at the Southwest Foundation for Biomedical Research laboratory satisfy the latter criteria and I request that funds spent during the period of noncompliance be returned. I respectfully request that you respond to this correspondence within
5 business days. Sincerely,
Michael A. Budkie, A.H.T., cc: Axel Wolff Return to Articles and Reports |
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