The San Francisco call., 1901-11-19
MAY PROSECUTE
THE PHYSICIANS
st. Louis Health Depart
ment Guilty Of Neg
ligence.

ST. LOUIS, Nov. 1s.-Coroner Funk
houser to-day rendered a verdict finding
the st. Louis Health Department negli-
gent in the preparation of diphtheria anti
toxine that caused the deaths by lock-
jaw (tetanus) of seven children to whom
it was recently administered for diph-
iberia.
The verdict, in part, is as follows:
We find that the deceased came to their
tion of diphtheria anti-toxine containing
tetanus toxine, said diphtheria anti-toxine hav-
ing been prepared and issued by the Health
Department of the city of st. Louis and bear
so, 1901 ''O--'0~-
The presence of tetanus toxine in the diph-
iberia anti-toxine shows negligence upon the
part Of the Health Department in the prep
aration of the said diphtheria anti-toxine and
in the issuance thereof.
ROBERT M. FUNKHOUSER
FRANK BOOGHER, NJ. d.
JOHN d. FITZSIMMONS, Deputy.
For some time the City Health Depart
ment has been making an anti-toxine for
use in diphtheria cases. This was dis
tributed among practicing physicians
throughout the city free Of charge and
used in the city institutions quite gener-
ally. In many cases it is said to have
saved lives. The serum that caused death
was obtained from horses that are said
to have contracted tetanuS and to have
impaired it to the anti-toxine drawn from
their bodies.
After rendering his verdict, Coroner
FunkhouSer said:
can do. I am not prepared to say /
am through with the case, but, so far as
l know, there is nothing more for me to
do. 1 have rendered the verdict and that
is all have been called upon to do thus
far
The Coroner's verdict Is based upon the
testimony of physicians who attended the
lockjaw cases, witnesses at the inquest
and the report of the psychologists en-
ployed by the city to make tests of the
INFECTED serum and ascertain the respon-
Stbtltty for 1T. The experts are DIR. Carl
Ffch, DR.. B. Mead Bolton and DR.. 2. G.
Walden, who examined several patients
who had been infected by city ant1-toxine
before they began their experiments. In
pigs were used. The report of the ex-
perts contains 1000 words. 1t was filed
with Coroner Funkhouser Friday and was
given out with the verdict to-day.
When informed of the nature of the
Coroner's verdict, DR.. Amand Rayold
city bacteriologist, said:
Il repeat my previous assertion that
none of the serum marked September &c
was distributed to any one or under anv
label. / poured the entire drawing info
the sink on October IL, as both Mr.. Tay-
lor, who was with me in the office at the
time, and l testified
. Health Commissioner Starkloff is out
of the city on hunting trip. In his alb
sence Charles w. Francis, Assistant
Health Commissioner, is in charge OF the
department. He said:
81 shall read the report of the experts
and the Coroner's verdict and then fake
such action as deem to be my duty.
'As the manufacture of anti-toxine bv
the city has been stopped, the case Is
not now one of emergency, and may
not decide for several days on the action
which 1 shall take
The bacteriologists who tested the anti
toxine conclude their report with the fol-
lowing implied charge Of carelessness on
the part Of the Health Department ON
cials:
We are forced to conclude that the
diphtheria anti-toxine prepared bv the
City Health Department had been issued
before 1t was possible to have obtained
results from the absolutely necessary