Civil rights attorney Ben Crump is representing the families of two Black infants in a federal lawsuit alleging that the U.S. government used the children in experimental Respiratory Syncytial Virus (RSV) vaccine trials during the 1960s without their families’ knowledge or consent. The case raises serious questions about historical medical ethics and accountability.
Details of the Lawsuit
The lawsuit, filed under the Federal Tort Claims Act, names Ross Otto Hambrick and Victor Marcellus King as the infants involved in the alleged experiments.
Both boys reportedly died in January 1967 after being secretly enrolled in a National Institutes of Health (NIH)-sponsored vaccine study. Attorneys for the families argue that the children were selected from Black, low-income families and subjected to a highly concentrated experimental RSV vaccine known as “Lot 100.”
According to the complaint, tissue samples from the infants were later used in research that contributed to RSV vaccines approved by the FDA in 2023. The families claim they were never fully informed of the experiments, nor were they compensated or publicly acknowledged for the role their children’s deaths played in decades of research.
RSV and Its Impact
RSV is a common respiratory virus that can cause severe breathing problems, particularly in infants, older adults, and people with underlying health conditions.
Today, vaccines for RSV are generally recommended for older adults, high-risk individuals, and pregnant people to protect newborns from serious illness. The lawsuit highlights the contrast between modern informed consent standards and practices from the 1960s.
Legal Team Representing the Families
Alongside Ben Crump, the families are represented by attorneys William H. Murphy Jr., Carol Lexing Powell, Malcolm P. Ruff, and Nabeha Shaer. The legal team is demanding full accountability from the federal government and justice for the Hambrick and King families, describing the case as a troubling chapter in American medical history.
Historical Context of the Alleged Experiments
The alleged experiments were previously examined in a 2023 investigation by Undark, which explored the early history of RSV vaccine research and the deaths of Hambrick and King. Reports indicate that the infants received experimental doses through programs tied to a children’s hospital in Washington, D.C.
Many of the youngest participants in the study were Black children from working-class families. At the time, informed consent laws were far less stringent than they are today. Darius Chisholm, King’s brother, reflected on the events, saying, “We’re not surprised. It’s just American history.”
