Attachment 5

April 12, 1948 letter from Dr. Watson to Lt. Col. Bauer, Office
of the Army Surgeon General

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


Commission on Liver Disease             April 12, 1948
University of Minnesota Hospital
Minneapolis 14, Minnesota

Lt. Col. Frank L. Bauer
Department of the Army
Office of the Surgeon General
Washington 25, D. C.

Dear Colonel Bauer:

     In a letter to you from Colonel Robert J. O'Connor, dated
October 23, 1947, I note in item 3 his advice, "that Dr. Stokes
be advised to protect himself, the State of New Jersey, and the
Government, by means of the usual waiver if such action has not
already been taken.  This office will supply the necessary form
upon request."  I should like to inquire as to the exact nature
of this waiver.  I assump that it is to release the experimenter
from any further liability insofar as the volunteer is concerned. 
If this is the case, I would like to know whether the Legal
Department of the Army feels that such a waiver would really be
of value in case of a suit or death or disability at a later
date.  I think you have seen a copy of a letter which I recently
addressed to Dr. MacLeod which mentioned a conversation with
members of our Law School, including Mr. Everett Fraser, the
Dean.  They were inclined to doubt the value of such a waiver.  I
would be particularly interested, therefore, to know what the
attitude of the Legal Department of the Army is with regard to
this matter.

                              Sincerely yours,


                              C. J. Watson, M.D.

CW/vr
cc:  Dr. C. MacLeod
     Dr. W. P. Havens
     Dr. J. Neefe
     Dr. J. Paul
     Dr. J. Stokes
     Col. W. Stone

COPIED:  12/2/94
RECORD Group:  # 334
Entry: #14
File:  Commission on Liver Diseases on Human Volunteers for
Hepatitis Studies in Feb. 1945