Attachment N

Memorandum from Ross T. McIntire, Chief of the Bureau of Medicine
and Surgery, to Officer-in-Charge of the Naval Laboratory
Research Unit No. 1 at the University of California, Berkeley,
March 6, 1943 and attached "Preferred Form of Release"

Serial No. 334 All/P3-1 (430306) (SC)
X:OA
CONFIDENTIAL

March 6, 1943

From: The Chief of the Bureau of Medicine and Surgery.

To: The Officer-in-Charge, Naval Laboratory Research Unit No. 1,
University of California, Berkeley, California.

Via: The District Medical Officer, Twelfth Naval District and
Naval Operating Base, San Francisco, California.

Subject: Proposed Clinical Evaluation of Influenza Antiserum, and
Messages concerning Influenza Virus Specimens.

Reference: (a) Your letter 4 January 1943.
(b) Your letter of 22 February 1943.

Enclosure: (A) Copy of a preferred form of "release".

1. Following receipt of reference (a), the question of the
liability possibly incurred by the Government and/or its agents
in carrying out the experimental work proposed in <unreadable
word> Research Project No. I-102 was referred to the Judge
Advocate General's office for expression of opinion.

2. In an informal memorandum, I am advised that the existing
release clause is deficient in that it does not state what it
releases; that, regardless of form of release executed, all
personnel engaged in the tests are subject to action in case
negligence can be established; and that such experimentation
usually leads to the enactment of special legislation for the
relief of any person involved.

3. Further; the evidence available suggests that neither the
glycels nor ultraviolet radiation will serve to limit the
communication of influenza from individual to individual; and
that their ability to sterilize spaces is open to question.

4. In view of the foregoing, the Bureau cannot authorize the
experimental exposure of human subjects to influenza virus.

5. It is noted from reference (b) that you inquire whether it
would be feasible to send messages to certain investigators
abroad from whom you could probably receive suitable specimens
for subject experimentation. In view of the action of the Bureau
on the subject-request in reference (a) no action will be taken
on reference (b).


                                  1

March 6, 1943

PREFERRED FORM OF RELEASE

"I, , of the State Penal Institution, San Quentin, California,
being desirous of participating in the experiment to be
undertaken by the United States Naval Reserve Laboratory Research
Unit No. 1 for the evaluation of influenza antiserum, do hereby
certify as follows:

"That I have had explained to me the general purpose and scope of
the contemplated experiment the Naval Laboratory Research Unit
No. 1 intends to make and for which I am volunteering. I
appreciate the fact that there are certain phases of this
experiment which for good and sufficient reason cannot be
disclosed to me in detail.

"I have had explained to me that there is a certain hazard
involved in the procedure and that it is possible that I might
become sick and, in a remote case, death might result.

"Having had all of these facts explained to me and being fully
cognizant of the fact and circumstances involved and acting
freely and voluntarily without any coercion on the part of any
person whomsoever, I do hereby consent to the administration of
any serum or virus by inhalation or injection into me that the
Naval Research Laboratory may desire and the performance upon my
body of such experiments as they in their opinion may decide to
be of advantage in promoting the research work they are doing.

"I hereby remise, release and forever discharge, the State of
California, the individual agencies thereof, the United States of
America, its various subdivisions and the individual agencies,
officers or other persons conducting the above experiments or in
any manner connected therewith, from any and all manner of suits,
actions or causes of action, claims or demands whatsoever which I
or my heirs, executors, administrators or assigns may at any time
have by reason of said experiments or of any results thereof of
any kind whatsoever.

"In Witness Whereof I have hereunto subscribed my name this day
of 1943.

In the Presence of
Signature."


                                  2