The bill,
sponsored by Senate Majority Leader Bill Frist, R-Tenn.,
is based on a series of recommendations made by the
nonpartisan Advisory Commission on Childhood Vaccines
and is backed by more than two dozen children's health
groups.
It would,
among other things, authorize the Secretary of Health
and Human Services (news
-
web sites) to acquire and maintain a six-month
stockpile of vaccines for children and adults to address
periodic shortages.
It would also
make several changes to the Vaccine Injury Compensation
Fund (VICP), a no-fault program that provides up to
$250,000 for injuries resulting from side effects from
childhood vaccines required for school attendance. It
would raise the available award level to $350,000, and
it would allow injuries that occurred up to six years
ago to be eligible for compensation, up from three years
in current law.
The bill
would also make it more difficult, however, for families
of children injured by vaccines to sue vaccine makers.
One key provision of the bill -- a requirement that
those alleging harm by vaccine additives such as the
mercury-based additive thimerosal first use the
compensation program -- was included in a bill last year
creating the Department of Homeland Security.
The outcry by
parents of autistic children who claim that thimerosal
caused or contributed to their children's problems was
such that the provision was repealed in a separate bill
in February.
It is the
question of how to deal with those families that has
held up the broader vaccine bill ever since. While
extending the compensation program's "reach back" from
three years to six years would have allowed most of the
families who have sued over thimerosal to seek
compensation, it would not have covered everyone.
Sen.
Christopher Dodd, D-Conn., who led negotiations for the
Democrats on the bill, said that while it has not been
determined whether thimerosal actually causes autism or
other neurological disorders, he wanted to be sure that
if it is proved in the future, families of injured
children will be able to get compensation.
"You ought
not be excluded from this program because we didn't get
the science right," he said.
Democratic
aides said the deal that was reached would have allowed
families with claims more than six years old to seek
compensation through the no-fault program. However,
those families, unlike families with more recent claims,
would not have been able to go to court if they were
unsatisfied with the result of the no-fault process.
They also
said that some vaccine makers, who they declined to name
publicly, were unhappy with the compromise and that
caused the vote on the bill to be canceled.
Republicans,
however, said the vote was canceled because not enough
senators showed up at the session to produce the
required quorum. And Frist denied that a deal had been
reached.
"We got very,
very close," he told reporters Wednesday afternoon.
Frist and
Health, Education, Labor and Pensions Committee Chairman
Judd Gregg, R-N.H., said the bill would be brought back
for a vote when the Senate returns from its spring
recess at the end of April.