Res. No. 2192
Resolution calling on the New York State Department of Health to allow the New York City Administration for Children’s Services to access medical and clinical trial records of children enrolled in clinical trials while in foster care between 1985 and 2005 for research purposes.
By Council Members de Blasio, Brewer, Jackson, James, Liu, Mark-Viverito, Mendez, Sanders Jr., Seabrook and Mealy
Whereas, In 2004, serious allegations surfaced regarding New York City’s enrollment of foster children in clinical trials for HIV/AIDS drugs; and
Whereas, Claims were made that minority children were disproportionately selected to participate, in some cases against their parents’ wishes, and were physically abused and neglected as they were experimented on and exposed to toxic medications; and
Whereas, While some members of the medical community praised the trials as allowing children access to potentially life-saving medication, many advocates believe that the clinical program needed more safeguards to protect vulnerable children; and
Whereas, In March 2004, the federal Office of Human Research Protections swiftly investigated the allegations, and found that one hospital which administered several clinical trials granted premature approval in some studies without gathering enough information about the foster children selected as subjects and maintained inadequate records; and
Whereas, In addition to the federal investigation, ACS commissioned a study with the Vera Institute of Justice (Vera) and a panel of medical experts to review the child welfare records of the children enrolled in the clinical trials and the City’s policies regarding foster children enrolled in clinical testing; and
Whereas, Vera agreed to conduct the assessment on the grounds that ACS search its files for children who might have participated in the trials and that ACS provide Vera’s staff with complete access to its files, records and relevant staff that were involved; and
Whereas, Vera was also to have full editorial control over the final report and that the project was to be overseen by Vera’s own advisory board, to increase the integrity of the research findings; and
Whereas, Vera’s report titled “The Experiences of New York City Foster Children in HIV/AIDS Clinical Trials” identified 532 New York City foster children who participated in 88 clinical trials and observational studies between 1985 and 2005; and
Whereas, After more than four years, Vera’s investigation revealed that there was no evidence that any children died as a direct result of the trials, children were not removed from their homes to participate, and foster children were not selected based on their race; and
Whereas, The study indicated that city officials acted in the best interest of the children, however, proper protocol and documentation of consent were not consistent at ACS; and
Whereas, Some of the deficiencies uncovered included the participation of children in medication trials that were phase I trials, which involved the testing of safety of doses and pose the greatest risk to subjects; and
Whereas, The children’s cases were not reviewed by the necessary special medical advisory panel as required, and in some instances children participated in trials that were reviewed by this panel yet had not been recommended for participation in such trials; and
Whereas, The study shows that inadequate records of parental consent were maintained and that consent forms from parents and guardians were missing in approximately one-fifth of cases; and
Whereas, Vera believes that some of the missing documentation can be found in the children’s medical records, yet the state Department of Health (DOH) will not allow ACS, nor Vera’s staff, to review the complete records and clinical trial documents; and
Whereas, While it is encouraging that the independent review commissioned by Vera dispelled many of the scathing allegations, without unfettered access to medical records, there remains concern that some children participated in clinical trials without the proper consent and safeguards; and
Whereas, Only when DOH allows their records to be open and accessible to the ACS, can it be verified that the remaining, unaccounted for children were not illegally and unwillingly forced to be a part of clinical trials or whether the children were harmed or even worse, given their involvement in the trials; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Department of Health to allow the New York City Administration for Children’s Services to access medical and clinical trial records of children enrolled in clinical trials while in foster care between 1985 and 2005 for research purposes.
JM/mbt
LS# 7070
April 20, 2009