Becky McClain, Pfizer and the Safety of Genetic Engineering

Becky McClain worked for Pfizer in Groton, Connecticut as a molecular biologist.

McClain worked in a lab on embryonic stem cell research.

She understood the risks in doing the work.

And she campaigned on the job for safety measures to protect workers.

Because of her safety campaign, her supervisors at Pfizer retaliated against her with hostility and low performance reviews.

They took her off the safety committee.

Then, one day, in October 2003, McClain was exposed at work to a genetically engineered virus.

And she started to become sick.

Her face became numb.

She was diagnosed with transient periodic paralysis.

Turns out that the virus that McClain was exposed to was a genetic missile that attacks potassium channels.

McClain ended up suing Pfizer in federal court in Connecticut, claiming that Pfizer retaliated against her for exercising her free speech rights and her whistleblower rights.

In October 2010, a jury ruled in her favor and awarded her $1.3 million.

And last month, the Second Circuit Court of appeals upheld the jury verdict.

But still, McClain says that Pfizer refuses to turn over the genetic code of the virus she was exposed to so that she can be treated.

When she became ill, McClain first went to the Occupational Safety and Health Administration (OSHA) to get the genetic code of the virus she was exposed to.

“Under the law, the employer is supposed to give you your exposure records if you are exposed to a chemical or any agent,” McClain told Corporate Crime Reporter in an interview last week. “You are supposed to be able to get your exposure records ‑‑ especially in my case, where my doctor says ‑‑ she needs her exposure records so we can get her treated.”

“OSHA said that because it’s a microbiological agent, it doesn’t fit the OSHA model. The OSHA model was written with chemical exposures in mind.”

“But OSHA says ‑‑ Pfizer doesn’t have to turn it over. So, they went to OSHA headquarters in Washington, D.C. and that’s where they ruled trade secrets supersede my rights.”

“OSHA was in talks with Pfizer. I didn’t get to sit down and talk with OSHA.”

“Then I get a call from OSHA. They said we can’t rule in your favor because of trade secrets. But Pfizer told us that they would promise to give you something if you got an attorney. At the time, I was trying to get an attorney. It was difficult to find an attorney. I finally got an attorney. That was Bruce Newman.”

“And it took a year to get anything. And when they finally gave us the genetic code ‑‑ and that’s what you need to find out where the virus was ‑‑ Pfizer gave me a sequence. I know how to read genetic codes. And when I deciphered it, it was a code that was not a functional genetic virus. But it contained the sum of the identities. It was a lentivirus. It contained shRNA. And shRNA attacked the potassium channels. By the time I got that information, I had already been hospitalized, diagnosed with periodic paralysis, which is indicative of potassium channels being disrupted.”

If Pfizer were to give you the genetic code you are seeking,  would your doctors be able to cure you?

“Without it, I don’t have a chance. But with it, at least they can begin to provide specific medical care,” McClain says. “Will it be a cure? I don’t know. It’s like a gene therapy. They have given me the name. They’ve given me the description. But that doesn’t help. I need the genetic code of the virus so that the diagnostic tools of today can be used to provide medical help.”

Have you gotten better over the years?

“The frequency of attacks have lessened,” she says. “But I still drop to paralysis. The symptoms start with pain. I then drop to paralysis. I can’t stand up. As soon as the paralysis abates, I go into spinal spasms. It’s like being electrocuted. And then I go into paralysis again. And then into spasms again. One time, I was walking to a restaurant on Long Island, I had an attack, I fell onto a road at night. And my husband couldn’t move me. He had to go get a friend to get me up.”

“I am getting muscular weakness and some back injuries.”

How often do you get the attacks?

“Initially, when I was first exposed, I had up to 12 full body attacks a day. This month, it was only two. Some months it’s zero. But I still get spinal pain often.”

“I can’t get any medical care related to the exposure without the information.”

“I know what a doctor would need. They did give me a sequence. But it was obviously manipulated. It was corrupted. If I would have used it, I would have gotten negative results. It’s expensive to start some of these tests.”

“Are you still a fan of genetically engineered medicine?”

“I’ll always be a proponent of advancements in technology. But as scientists, we have a responsibility to use them in a safe way that won’t harm the public or your co‑workers.”

“After 23 years, I’m not going to change my love of technology.”

After OSHA, workers comp denied her claim. And so did the federal courts. A federal court did rule in her favor on the retaliation counts. And last month, the Second Circuit upheld that decision.

Becky McClain is now waiting for Pfizer to pay up.

And to turn over the genetic code of the virus she was exposed to.

[For the complete transcript of the Interview with Becky McClain, see 27 Corporate Crime Reporter 4(10), January 28, 2013, print edition only.]

 

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