Attachment 6

April 23, 1948 Exchange between the Army Epidemiological
Board and the Legal Office, Re: Human Volunteers for Research
Investigations

DISPOSITION FORM

FILE NO.            SUBJECT

MEDDH                    Human Volunteers for Research
Investigations


TO                  FROM                     DATE         COMMENT

Chief, Legal Office Ass't Administrator      23 April 1948 
sn/72847
SGO                 Army Epidemiological Board
Room 2B520               Room 20480                    Major
George F. Rumer,
                                               MD


     1.   It is requested that this office be furnished more
specific information on the subject of human volunteers in
research experiments carried out by the Army.  More specifically,
it is desired that the Legal Office take such action as may be
necessary to adequately answer the following in particular:

          a.   Would a waiver releasing an experimenter from any
further liability insofar as the volunteer is concerned be of
value in case of a suit of death or disability at a later date? 
(See ltr from Watson dated 12 April)

          b.   Is there a specific recorded law on this subject
in the State of Massachusetts?  It is suggested that information
be obtained from the Commissioner of Correction, State of
Massachusetts, State House, Boston, Massachusetts.  (See ltr from
Watson dated 5 April)

          c.   Can the Army obligate itself to the protection of
its responsible investigators, at least to the extent of
purchasing a special insurance policy for each project of this
type, covering disability or death?  (See ltr from Watson dated 5
April)

     2.   Any additional information and advice on this subject
is desired by this Board, particularly as related to Army policy
and legal regulations.  It is further desired that this matter be
expedited so that it may be discussed at the annual meeting of
the Army Epidemiological Board on 6 May 1948.

     3.   The complete files of this office on this subject are
attached hereto for ready reference.  It is requested that they
be returned when they have served their purpose.

                              GEORGE F. RUMER
                              Major, Medical Corps
                              Assistant Administrator
                              Army Epidemiological Board

Inclosure
  Corresp.
  (see par. 3)

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

          SUBJECT:  Human Volunteers for Research Investigations


TO:  Asst. Administrator,   FROM:  Legal Office   DATE: 23 Apr 48 
COMMENT #2
     Army Epidemiology Bd,         2B520/74575                    
RJR/mf
     Rm 20480

     1.   The questions presented in Comment No. 1 are answered
seriatim as follows:

          a.   In the absence of any recorded cases on this
subject it is impossible to answer this question.

          b.   No.

          c.   No.

     2.   The inferences contained in the questions presented in
Comment No. 1 are, in the opinion of this office, definitely
unsound.  This opinion has been informally concurred in by The
Judge Advocate General.

     3.   It is the further opinion of this office that no branch
of the Department of the Army should under any circumstances,
write any letters to any state offices concerning this subject.

                              ROBERT J. RITTER
                              Captain, MSC,
                              Chief, Legal Office.


1 Incl: n/c. - correspondence file.


















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