Lawmakers agree on offer to view disputed FDA papers.

Lawmakers accepted a Bush administration offer to view documents they subpoenaed from federal regulators concerning Sanofi-Aventis' antibiotic Ketek, which has been linked to deaths, Bloomberg reported.

Members of the House Energy and Commerce Committee sent a letter March 5 to Health and Human Services Secretary Michael Leavitt saying they reserve rights "to enforce the subpoena and obtain all of the requested information."

Committee members had warned of holding Leavitt in contempt of Congress unless he gave them access to the documents that were used to prepare FDA Commissioner Andrew von Eschenbach for his testimony on Ketek during a committee hearing a year ago. The panel is investigating whether von Eschenbach gave misleading testimony on Ketek, which also has been linked to liver damage.

Committee members who signed the letter, including Chairman John D. Dingell (D-MI), agreed that the documents would be viewed in a Health and Human Services reading room. The committee also agreed to Leavitt's offer to make available FDA staff responsible for preparing the briefing materials.

Leavitt will respond soon to the committee and "all indications are that we're moving in a positive way toward resolution," said Christina Pearson, a spokeswoman for the Health and Human Services Department, in an email.