It would, among other things,
authorize the Secretary of Health and Human Services 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repealed in a separate bill in February.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.
More Children's Health News