HHS Secretary Leavitt Offers Lawmakers Access to Documents Used To Prepare Testimony on Ketek

The HHS Secretary Mike Leavitt on Friday offered lawmakers access to documents used to prepare congressional testimony for FDA Commissioner Andrew von Eschenbach about the antibiotic Ketek, manufactured by Sanofi-Aventis, CQ Today reports. According to CQ Today, the "offer from Leavitt could avert contempt of Congress proceedings that the [House Energy and Commerce Committee] was preparing to initiate against him" (Armstrong, CQ Today, 2/29).

In February, committee leaders said that the Bush administration failed to comply with a subpoena for the documents and that they might hold Leavitt in contempt as a result. During a hearing held by the House Energy and Commerce Oversight and Investigations Subcommittee in March 2007, von Eschenbach testified about issues related to FDA approval of Ketek, which reports have linked with a number of serious side effects (Kaiser Daily Health Policy Report, 2/13). Some committee Democrats believe that von Eschenbach perjured himself during his testimony.

In a letter to committee leaders, Leavitt wrote that his office will allow congressional investigators to review the documents and speak with staff members who helped prepare the testimony. A committee spokesperson on Friday declined to comment because members had not reviewed the letter (CQ Today, 2/29).