TB Patient: "I'm Very Sorry"
Atlanta Attorney With Dangerous Strain Of Tuberculosis Says CDC "Abandoned" Him In Europe
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TB Man's Ties To CDC Biologist
The lawyer whose honeymoon plans shook up the world, XDR tuberculosis patient Andrew Speaker, is the son-in-law of a microbiologist for the CDC. Kelly Cobiella reports.
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Students Exposed To TB
Harry Smith speaks to two University of South Carolina students who were exposed to tuberculosis while traveling from Atlanta to Paris on the same flight as confirmed TB carrier Andrew Speaker.
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TB Patient Flown To Denver
The XDR-TB patient, Andrew Speaker, has been identified as a personal injury lawyer and Naval Academy graduate. He has been flown to National Jewish Medical Center in Denver. Kelly Cobiella reports.
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Andrew Harley Speaker (The Speaker Law Firm)
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The unidentified inspector explained that he was no doctor but that Speaker seemed perfectly healthy and that he thought the warning was merely "discretionary," officials briefed on the case told The Associated Press. They spoke on condition of anonymity because the matter is still under investigation.
A barrage of criticism was posted Thursday on the Web site of a Georgia newspaper that carried Speaker's engagement announcement and allows outsiders to post comments.
Under a picture of the smiling couple on the Appen Newspapers Web page, a person signed as 'Concerned Citizen' wrote: "Warned not to fly but just put your personal pleasure above the safety of other passengers. I hope you get sued by potential victims for your actions."
Lawrence Gostin, a public health law expert at Georgetown University, agreed with those who feel Speaker has exposed himself to possible litigation.
"There are a number of cases that say a person who negligently transmits an infectious disease could be held liable," he said.
Perhaps the most significant legal issues in Speaker's case concern the federal quarantine law, and the difficulty federal health officials had trying to learn the identities of those who were exposed to Speaker, Gostin said.
The quarantine order was the first issued by the federal government since a patient with smallpox was isolated in 1963, according to the Centers for Disease Control and Prevention.
CDC officials have been requesting changes in the nation's antiquated quarantine laws to gain easier access to airline and ship passenger lists, provide patients a clearer appeals process when subjected to quarantines and give health officials explicit authority to offer vaccinations and medical treatment to quarantined people.
In the past week, Speaker was quarantined in New York City and then again — under guard — at an Atlanta hospital. The quarantine order was not approved by a judge, but rather issued under the CDC's administrative powers.
There's a reason for that, Jacobson said: In certain rare instances, such action is deemed necessary to avoid legal delays in rapidly protecting the public from a disease-carrying person.
While Speaker was still in Atlanta on Wednesday, a CDC official said Speaker had the right to request an administrative hearing to appeal the quarantine order but had not. (On Thursday, Speaker was flown to a Denver hospital, where he is no longer under guard.)
The legal rights of a quarantined person, including the right to request a hearing, are not clear under current law, Gostin said. Some legal scholars said the absence of clear guidelines could lead to a legal tangle that might stall government quarantine actions during an outbreak of pandemic flu or other contagious diseases.
Speaker can challenge the constitutionality of the quarantine order, and might even be able to seek a federal payment for damages, Gostin said.
Airlines can be slow to hand over passenger information because of concerns of violating customer privacy. It was not until late Wednesday that the CDC got full information from Air France about U.S. passengers on Speaker's May 12 flight from Atlanta to Paris.
One proposed change in the law would require airlines and cruise lines to electronically submit passenger and crew lists to the CDC upon request.
© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.



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See all 282 CommentsWe are doomed as a people if we don't start thinking of "us" instead of "I".
Arrogant runt took the chance of infecting hundreds maybe thousands of people of which some surely would have died. And maybe those he infected haven't been ID'ed yet!!
Also...getting back into the US via Canada border after Homeland Security put a stop this guy now alert--and it was ignored.
Congrats to all you Homeland Security idiots who think we are safer because GW built a huge cabinet department that is....uneffective.
What a waste of our money...again, George.
A taxpayer-funded "legal aid" lawyer can sue authorities for "unconstitutionally" stopping them from wandering around and infecting everyone(freedom of association and all that.
It's something to think about the next time you consider rolling down the car window and giving that guy at the off ramp of the interstate a little pocket change......
It's been about 6 years since 9/11 and HomeLand Security is still broken. We're doomed.......
What a joke
And the border inspector saw he was flagged and didn't bother to do anything about it. Yeah, I would definately believe a warning to wear protective gear around a person is "discretionary". Not! Just goes to show you that all the laws and regulations they put in place are absolutely useless if people don't follow them. It seems that every time we have on of these major problems it's because someone didn't follow the instructions or guidelines that were in place.
His crime is the same as someone who knows they have AIDS sleeping with people without telling them.
He wasn't abondoned by anybody. Anyone with half a brain would know that if they had TB, any form of TB, contagious or not, should not be travelling abroad. If any of those countries or airlines had known of his condition, they would have denied him access. Had this condition been disclosed for his passport application, he would have been denied. He knew all of this, and chose to go anyway.
His father in law is guilty too. He no doubt was involved in the 'clearly illegal' clandestine flight back to the US, and knew more than anyone the risk to others. The CDC should have already fired him.
I'm not completely sure he broke any laws for criminal prosecution, but their should be. At the very least, hundreds of people have massive personal injury lawsuits to file.
this guy is a tool...
As for the border control agent at the US/Canada border, he needs to be fired and prosecuted for choosing to disregard an order. When he scaned the passport, and a health warning came up, saying the person should be detained, and that a mask should be worn, how the hell could he just decide "well, he didn't look sick to me"! You are not a doctor, you jerk! What if it was a terrorist suicide killer with a deadly infection? He may not LOOK sick, but you think you can just disregard orders and let him in anyway?
This guy does have a point about the CDC doing little to help him. Blame those in charge of taking care of this, not the one infected!
Since this virus has been released into our country, we need to prepare our communities for a possible epidemic.
For now, it looks as if everyone involved lucked out, but time will tell.
Although I can't blame the guy for wanting to get back to the USA rather than end up being stuck in Europe if the US decided to block his reentry, there are still many things this guy could have done to protect the health of others around him. For one thing, he didn't even bother to wear a mask on his return flight! He could have negotiated and cooperated with the CDC and booked a charter flight home, or taken ocean transport, or compromised in a number of other ways, but his selfishness won out over his concern for his fellow man, and hopefully they can prosecute him as an example to others.
I think it's very peculiar that his father-in-law is one of a very, very limited number of people who have access to this rare pathogen. One can't help but wonder if someone didn't want Daddy's Little Girl marrying this selfish jerk.
Just because you are sick (and how would the government know if they had not illegally viewed his medical records) does not mean you lose your civil rights and right to freedom. Face it, the government blew it on this one.
I say everyone that was near this scum lawyer sue him. Then drag his happy azz back to Europe and let them at him
Thanks a lot, Speaker. You're a sweetheart!
This is all very fishy. His father-in-law a TB expert? He didn't know enough to tell his son-in-law not to travel? He has been working for the CDC for 30+ years and doesn't know better??
I am outraged!!! I would love to know where he got the TB.
If a foreigner did this in the US, he/she would be labeled a terrorist.
If he knew he was contagious, wouldn't he have at least thought about his new wife and the danger to her, and not gone near her?
Maybe he really did think he wasn't contagious, putting someone he loved in danger like that.
The scariest part of this story is the lack of security at the border. He gave the border guard a soft-soap story and the guard ignored the alert to stop him and let this bio-hazard through. How many potential terrorists have and will get through? And, yet, regular airline passengers are put through onerous delays and checks. Let's all just drive to Canada and fly out of their airports. The 9/11 terrorists come in through Canada and the whole point of Homeland Security was to prevent it happening again. We're so worried about hard-working immigrants from South of the border, we neglect to see the real danger is North of the border.
Posted by apdepetris at 09:19 AM : Jun 01, 2007
Just like illegal immigrants. Legal immigrants get a thorough health screen, blood work up, etc and sick ones are denied entry or must go into quarantine. Many Illegal ones come willy nilly across our borders and they are full of leprosy, drug resistand staph infections, TB etc--Texas , California and Arizona have some of the highest rate of TB AND unsual tropical disease and exotic parasites in the US------wonder why?
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