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"Foster Care Meets the Third Reic"h--Jim Marsh blog

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  • "Foster Care Meets the Third Reic"h--Jim Marsh blog

    Here is Jim Marsh's blog on the AIDS experiments on children in fostercare
    in NYC.. The article, "The House that AIDS Built" linked to here is an
    excellent piece of investigative journalism, though rough reading.


    Over one year ago, the Alliance for Human Research Protection in New York
    City alerted the federal Food and Drug Administration that they had "reason
    to believe that federal regulations for the protection of children as
    research subjects have been seriously violated in federally funded HIV

    Kudos also to Liam Scheff who in December 2003 broke the story of the drug
    trials in an online article entitled "The House That AIDS Built."

    AHRP's letter to the FDA states that "a series of Phase I and Phase II
    drug experiments were conducted on infants and children who were under the
    guardianship of the New York City Agency for Children's Services (ACS), and
    living at Incarnation Children's Center, a foster care facility under
    contract with ACS. The test subjects were children diagnosed with HIV
    infection - in some cases infants who were merely "presumed" to be
    HIV-infected. Phase I and Phase II experiments involve the greatest level of
    risk and discomfort for children insofar as they test the safety and
    toxicity of the drugs as well as maximum dose tolerance."

    In response to these allegations, the New York City Administration for
    Children's Services (ACS) recently contracted with the Vera Institute of
    Justice to conduct an independent review of ACS policy and practice
    regarding the enrollment of HIV-positive children in foster care in clinical
    drug trials during the late 1980s and 1990s.

    The former leading critic-turned-revolving-door head of ACS, John B.
    Mattingly, defensively responded in a press release "that the policies in
    place at the time reflected good practice." That is, if there ever WERE any
    policies in place that anyone could then or now locate!

    The BBC previously reported on this story in November 2004. Now that the
    New York Times and Associated Press have finally discovered this
    unbelievable scandal, trial lawyers, like my firm Marsh and Gaughran LLP,
    can not and should not be far behind. Along with a General Accounting Office
    investigation and Capital Hill hearings.

    And finally, it remains incredible to me that in the 21st Century in the
    United States of America-where murders, rapists and child molesters have a
    Constitutional entitlement to a lawyer-children are involuntarily placed
    under government control with no right to an attorney. In the vast majority
    of the states, foster children are lucky to get a well meaning but usually
    ineffectual community volunteer.

    The hundreds of thousands of voiceless and neglected foster children will
    remain so until Congress, the states and the bar get serious about providing
    well funded trained lawyers who zealously assert the child's position.
    Anything less is a sham.

    As for Mattingly, we're enrolling him and the heads and former heads of
    child welfare in Illinois, Louisiana, Maryland, New York, North Carolina,
    Colorado and Texas, in an involuntary clinical trial of civil lawsuits. This
    time foster children will win!

    James R. Marsh, Esq.

    Marsh and Gaughran LLP
    Publisher Children's Law Blog

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