Coastians face court martial over vaccine
Air Force doctor, Seabee oppose anthrax order
By Reni Winter
The Sun Herald [Gulfport, MS]
Page 1
January 9, 2001
A Coast Air Force officer and a Navy Seabee are putting their military careers - and possibly their futures as civilians - on the line because they regard orders to take the anthrax vaccine as unlawful.
Capt. John Buck, an emergency room physician at Keesler Medical Center, will face the military equivalent of a grand jury Thursday for refusing to start the series of six inoculations on October 18. He was ordered to get the shots before leaving for Bahrain, in the Persian Gulf, with a critical care transport team.
Buck believes he is the first military doctor and the first officer to choose to face a court martial, a military trial, rather than take the vaccines or admit that he is guilty of disobeying a lawful order. After extensive research, he was convinced that the U.S. Department of Defense's mandatory "Anthrax Vaccine Immunization Program" breaks federal laws governing drug testing, labeling and use.
"I know they cannot run a military with individuals making their own decisions," Buck said. "But as a health care provider accustomed to working with risks and benefits, in this situation I believe it is wrong for them to take a questionable vaccine and forcefully inject it into my body in the name of national defense."
Petty Officer David Ponder, 22, a builder third class at the Naval Construction Battalion Center in Gulfport, was scheduled to face the court martial judge in Okinawa today. The judge denied his request to have defense witnesses at his trial.
One year ago on January 12, Ponder refused the anthrax vaccine when he was about to be deployed to Korea. He admits that he refused an order, but, like Buck, believes that the DoD's mandatory vaccination program is not lawful.
Ponder said the more he read, the more concerned he became about the lack of extensive testing on the drug's long-term effects. He also read the stories of other military personnel who chose to refuse it, including the well-publicized case of Air Force Major Sonny G. Bates.
Bates and Ponder testified before the U.S. House of Representatives Government Reform Committee in October.
"The anthrax vaccine hasn't been tested for its ability to cause cancer or for its effects on fertility," Ponder said. "A woman can waive the vaccines if she wants to, if she's pregnant. They don't know how it affects a man's fertility. My wife and I have a 15-month-old son. I want to make sure I'll be able to have more children."
Ponder's wife Jennifer was not allowed to appear before the judge on Okinawa in her husband's defense. But she said Monday that she would be allowed to testify via conference call Monday night, which would be Tuesday in Okinawa.
Capt. Jim Winner, chief of military justice at Keesler Air Force Base, said Buck could have chosen to exercise his Article 15 right, a judgment by a commanding officer instead of a trial.
"It's more serious than an administrative reprimand, but not as serious as a court martial," Winner said.
But Buck refused his Article 15 right because it would have required an admission of guilt, he said. Ponder made the same decision.
A guilty verdict at a court martial is a felony offense that could go on their civilian records, but that is one of the many uncertainties in both cases.
Prior to refusing the anthrax vaccine, both men were highly respected members of their respective services, both up for promotions.
Buck, a major-elect, was acting director of the emergency room when he was ordered to get the shots. He, like Ponder, has become somewhat disillusioned about the military.
As a doctor, he said, he cannot condone or submit to the use of medicine that hasn't been adequately tested, that has caused ill effects in some people, that was manufactured at a plant that has been found by the Food and Drug Administration to have repeated problems, and that was designed for a different type of anthrax than it is being used for in the military.
Lt. Col. Steven Princiotta, medical spokesman at Keesler Medical Center, acknowledged that the FDA approval for the vaccine is for "cutaneous anthrax" that is transferred under the skin. Another form, "inhalation anthrax," is the type considered a threat by the Defense Department.
"The FDA has licensed the vaccine, and the military is using it for a slightly different purpose," Princiotta said. "When the military started using it, it had already been used in 68,000 people, with no reports of long-lasting serious adverse effects. We see some adverse effects any time you see any vaccination. But the reaction is far less than we see with babies."
Numerous Web sites, including the House Government Reform Committee site, give testimony to the contrary.
"It's like a party line," Buck said. "It's sad. You see some of our best people who believe it. This has caused a polarity inside the military. Either you're in, or you're out."

 

Reni Winter can be reached at 896-0538 or at rbwinter@sunherald.com
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