Congressman Jerrold Nadler (D-NY) today called on the Bush Administration to use its existing statutory authority to boost production of the critical flu-fighting antiviral drug Tamiflu.  The White House is preparing a comprehensive plan to deal with a potential avian flu pandemic.

Doctors have pointed to Tamiflu as perhaps the only promising treatment for bird flu.  But Roche Pharmaceuticals, which has the patent on Tamiflu, cannot on its own manufacture enough of the drug to guarantee that authorities around the world have an adequate stock in time for flu season.  This means that in order to guarantee global safety, Roche must forgo its patent protection and license other manufacturers to produce a generic version of Tamiflu.

Roche has only recently indicated that it may potentially be amendable to licensing other companies and governments to make the drug, but so far it has refused to make an outright commitment.  Congressman Nadler today called on the Bush Administration not to wait for the corporation’s consent and to suspend Roche’s patent protection as part of the forthcoming White House avian flu plan.

“We’re facing a global crisis, and this is not the time to be concerned about tending to corporate profits,” Congressman Nadler said. “If Roche is unwilling to license other companies to produce Tamiflu right away, the White House must use its authority to suspend their patent protection.  This Administration has declined to take preventive measures in the face of a number of mounting disasters – most notably Hurricane Katrina.  Isn’t the prospect of millions of dead Americans enough to spur the Administration to action?”

Congressman Nadler also admonished Roche for its unthinkable hesitance to allow mass production of Tamiflu.  A spokesman for the company was quoted in The New York Post as saying “We asked governments several years ago to make Tamiflu orders for pandemic purposes well in advance.”

“That’s an absolute outrage,” Nadler said.  “We’re facing a global catastrophe, and it looks like Roche is content to hoard its drugs and tell the world, ‘Sorry, you’re out of luck.’  For shame.”