Lately, it’s hard to turn on the television or pick up a newspaper without seeing reports of the bird flu.  This disease is being closely monitored by the international health community, and the U.S. is taking steps to prepare for the possibility of it reaching our shores.  As we develop a national preparedness plan, common sense and factual information – not sensationalism and hype – should fuel the discussion.  The potential for a flu pandemic is real, but so is the potential for a pandemic of panic.

Here is what we know: The H5N1 strand of the bird flu, spread by migratory birds, has infected about 100 people in Southeast Asia and Eastern Europe. Currently, the most pressing concern is whether the H5N1 strain will transform into a virus easily spread by human-to-human contact.  So far, there is no evidence of this occurrence.

It is extremely important we take the right steps to prepare for this possibility, but the government should not succumb to hasty, reactionary measures.

As a physician, I’m wary of calls to stockpile vaccines to combat the H5N1 strain of bird flu.  We have no way of knowing which bird flu strain – if any – will hit our shores.  Instead of stockpiling vaccines for a flu that may never affect our population, we should be preparing America to respond quickly and agilely to any influenza outbreak within our borders.

Much has changed since our nation’s last flu pandemic in 1918. The most important development has been the advent of antibiotics, with the discovery of penicillin in the early 1940s.  Many of the deaths that occurred in 1918 would be preventable today, as they were the result of “secondary” bacterial infections.  Advances in medicine and a better understanding of infectious disease make our nation better prepared now than ever before.

However, there are two areas of domestic preparedness we need to strengthen if the U.S. is to successfully combat future epidemics and prevent pandemics.

First, because a world-wide pandemic would put a strain on international vaccine production, we must ensure America can produce vaccines within our own borders. We can start by providing incentives for U.S. pharmaceutical companies to manufacture vaccines.  Many companies have abandoned vaccine production due to liability concerns and unpredictable demand.  By protecting our companies from frivolous lawsuits and allocating grant money to companies in this line of business, we can better prepare America for an infectious disease outbreak.

Second, we need to clarify who is in charge when a pandemic strikes. Our state and local governments need a clear plan of action and a thorough understanding of America’s response procedures.  As we saw in the wake of Hurricane Katrina, every minute of disaster response is precious, and we can’t waste valuable time trying to delineate between federal, state and local responsibilities.  The State of Georgia rightly developed a good epidemic response plan in 2002, and other states would do well to follow our lead.

If we can create a flexible, comprehensive national preparedness plan, I have confidence we can effectively avert and contain epidemics and pandemics.  However, we must base this plan on reason, threat assessment and science – not sensationalism, fear and hasty decision making.

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Phil praises Iraqi constitution vote, noting, “The Iraqi people have embraced freedom”

Phil praised the passage of the Iraqi draft constitution on October 25, the date the Independent Electoral Commission of Iraq confirmed 78.5 percent of cast ballots favored the draft constitution.

“The Iraqi people have democratically chosen a form of government responsible to the people, and in doing so, they have rejected the tyranny that ruled their nation for too long,” said Phil.  “I find it encouraging that 63 percent of registered Iraqi voters cast ballots – more than the 60 percent of voters who participated in January’s legislative elections. Clearly, the Iraqi people have embraced democracy and its responsibilities.  Americans can be proud we supported this triumph of freedom over tyranny.”

Phil reminds seniors living in the 11^th District that the initial sign-up period for Medicare Part D, the new prescription drug benefit available to all seniors, begins November 15, 2005 and continues through May 15, 2006. Coverage starts January 1, 2006. 

The Centers for Medicare and Medicaid Services (CMS) estimates seniors will save an average of $1,300 a year on their prescription drug costs under Medicare Part D. To take full advantage of these savings, Phil encourages all seniors to sign up as soon as they’re eligible to be guaranteed the lowest premiums.

Starting November 15, seniors can sign up for Medicare Part D by:

v     Calling 1-800-MEDICARE

v     Going on-line to www.Medicare.gov

v     Stopping by any one of Congressman Gingrey’s offices between the business hours of 9am and 5 pm:

In Marietta: 219 Roswell Street (770) 429-1776

In Rome: 600 East 1^st Street (706) 290-1776

In Carrollton: 207 Newnan Street Suite A (770) 836-8130

Seniors should have the following information on hand when they sign up for Medicare Part D:

v     A list of the prescription drugs you are currently taking, including names and doses. This will help ensure you choose a plan that meets all your prescription drug needs.

v     Information about any prescription drug coverage you may currently have, be it employer or union sponsored or a Medigap policy.

v     The name and address of the local pharmacy you use to fill prescriptions.

v     The out-of-pocket amount you spend on prescription drugs each year.

v     Your Medicare enrollment information.

This month, Phil urged House Leadership to find offsets in the government’s mandatory spending, and to cut discretionary spending across the board.

“There are real savings to be found by trimming a little off everything we do,” said Phil. “Just a 2 percent decrease across-the-board is projected to save as much as $17 billion. As a fiscal conservative, I know there are places where our bureaucracy is bloated and our programs are redundant and ineffective.   We should identify these places, and cut the “fat” out of our federal budget.  Now is the time to treat our federal budget as we would our household budget. We need to make the tough decisions.”

This month, Phil voted to pass S. 397, the Protection of Lawful Commerce in Arms Act.  This legislation protects firearms manufacturers from being sued when their products are misused or used in criminal or unlawful acts. President Bush signed this bill into law on October 26.

“Today, Congress took a stand to promote personal responsibility and to protect our Second Amendment rights,” said Gingrey. “A gun by itself cannot commit a crime, and it’s wrong to hold gun manufacturers responsible for the illegal and irresponsible acts of individuals.  Just as a car is a tool for transportation and an ax is a tool for cutting shrubs, a firearm is a tool for hunting and self-defense. Any of these tools, when used in an irresponsible manner, can cause harm.  But we place the blame with the perpetrator, not the product.”

“Our nation’s tort system is out of control,” Gingrey continued. “We live in a culture of ‘sue first, ask questions later’. We have to stop this detrimental trend, because frivolous lawsuits drive up the cost of goods and services, and put law-abiding companies out of business.”

While S. 397 prohibits lawsuits against gun manufacturers for the misuse or criminal use of their products, the legislation allows for lawsuits when:

• A person transfers a firearm or ammunition knowing that it will be used to commit a crime;
• A manufacturer is accused of negligent entrustment or negligence;
• The design or construction of a firearm or ammunition is deficient;
• A firearm dealer fails to maintain required inventory lists necessary to ensure they are alerted to any firearm thefts.

Phil votes to stop lawsuit abuse

Last week, Phil voted to pass H.R. 420, the Lawsuit Abuse Reduction Act of 2005.  This legislation makes it more difficult for trail lawyers and plaintiffs to bring frivolous lawsuits to court, and will help alleviate this strain on our dockets.

“The House has sent a message to the American people that our court system is an arbiter of the law, not an ATM for individuals looking to get rich quick off frivolous lawsuits,” said Gingrey.  “The onslaught of frivolous lawsuits is not a victimless crime. The American people and our small businesses pay the price through higher costs for goods and services, diminished quality of products, and a clogged court system that has been turned into a cash cow for junk lawsuits.”

It is estimated that our current court system costs the American people more than $200 billion dollars a year. 

H.R. 420 includes provisions to:

Ø      Amend Federal Rule of Civil Procedure 11 (Rule 11) by restoring mandatory sanctions for the filing of frivolous lawsuits. 

Ø      Institute a “3 strikes and you’re out” sanction, requiring a Federal court to suspend from the practice of law in Federal court any attorney that a Federal judge determines has violated Rule 11 three or more times.

Ø      Require that courts impose an appropriate penalty on attorneys, law firms, or parties who file frivolous lawsuits. 

Ø      Prevent “forum shopping” by requiring that personal injury cases only be brought in those jurisdictions where either the plaintiff, the defendant, or a related business resides or where the alleged injury or surrounding circumstances occurred.

Ø      Eliminate the “free pass” provision that allows attorneys to avoid sanctions if they withdraw their frivolous claims AFTER a motion for sanctions has been filed.