National Institute of Health Agrees to $10 Million Settlement

By Brittany Golledge

Published on January 13, 2006

The nurse, Jamie Ann Jackson, started taking several chemotherapy drugs in 1998 as part of an NIH study investigating possible treatments for Lupus, a life-threatening disease that affects the kidneys. One of the drugs, Fludara, contained a warning that the drug may cause graft-versus-host disease linked to blood transfusions. The warning included a recommendation that doctors consider giving Fludara patients irradiated blood transfusions to prevent a fatal reaction.

According to attorneys for the Jackson family, the NIH physicians running the lupus study failed to notify study participants as well as their doctors about the risk of graft-versus-host disease associated with blood transfusions. While she was a participant in the study, Jackson received numerous untreated blood transfusions ordered by her family physician, Dr. Philip Weinstein. The family filed suit against the NIH and Weinstein after Jackson died from graft-versus-host disease, alleging that the disorder was linked to the Fludara she was given as part of the study.

Though Jackson's family has already settled with the NIH, a judge has ruled that the lawsuit filed against Dr. Philip Weinstein can proceed. Representatives for the NIH and Weinstein have declined to comment on the case citing the pending suit.

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