Attachment 1

October 23, 1947 Memorandum from the Robert J. O'Connor,
Chief Legal Office to Col. Frank L. Bauer, Army Medical
Research and Development: Re: Protection of Research Project
Volunteers

                          War Department
                  Office of the Surgeon General
                    ARMY EPIDEMIOLOGICAL BOARD
                        United States Army

Office of the President
333 Cedar Street
New Haven, Conn.

                                   Protection of Research Project
                                   Volunteers


Col. Frank L.Bauer          Legal Office, SGO     23 Oct. 47      
RJO/nf
Army Med. Res. & Development     RM 2B520                         
74575
Board, SGO, Room 20480

     1.   There is nothing in the Medical Department standard
research and development contract which would require the
Government to reimburse the contractor for a payment to a
prisoner as compensation for injury resulting from participation
in a research project.  This is true whether the payment be made
voluntarily by the contractor or as the result of a possible suit
for damages.  Although the contractor might be reimbursed under
the special costs article for such payment I would consider it
inadvisable to do so.

     2.   The question of reimbursing the contractor for payment
of the premium on a disability policy on a prisoner during the
experiment, was submitted to the Contract Insurance Branch,
Office of the Chief of Finance.  They advised that there was no
authority for taking out such a policy and it would not be
approved.  They further stated that they discussed the question
of such coverage with a private underwriter and were advised that
the cost would be prohibitive.

     3.   This office, accordingly, recommends that Dr. Stokes be
advised to protect himself, the State of New Jersey, and the
Government, by means of the usual wavier if such action has not
already been taken.  This office will supply the necessary form
upon request.

                              Robert J. O'Connor
                              Lt. Colonel, JAGD,
                              Chief, Legal Office

Incl. Ltr, 15 Oct. 47, fr Dr. Stokes
          to Col. Stone

COPIED:  12/2/94
RECORD Group:  # 334
Entry: #14
File:  Commission on Liver Diseases on Human Volunteers for
Hepatitis Studies in Feb. 1945
MTE Enclosure
Not In File