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Health care workers or others vaccinated against smallpox who
accidentally infect patients or others close to them would not be liable
for damages, the Bush administration has concluded.
The administration is broadly interpreting legislation approved last
year aimed at protecting people and institutions who will begin
administering the vaccine this month. The vaccine protects against
smallpox but can cause serious reactions in people who get the shot and
in people with whom they come into close contact.
Health and Human Services (
news -
web sites) Secretary Tommy Thompson outlined the administration's
views in a letter to the American Hospital Association, and more
detailed guidance is expected this week from the Department of Justice (
news -
web sites).
Michael Osterholm, who advises Thompson on bioterrorism issues, said
Tuesday that attorneys at HHS and Justice have tried hard to interpret
the law so as to offer "the widest umbrella of protection" possible.
This is good news for hospitals and health care workers, who might
have been held legally liable to patients and other people who got sick
or died from the vaccine. But it means those who are injured have little
recourse unless negligence were involved, which would be difficult to
prove.
That could deter people from getting vaccinated, said Dr. D.A.
Henderson, who chairs a federal advisory committee on bioterrorism that
met Tuesday. He said the issue was "potentially a very large problem."
President Bush (
news -
web sites) said last month the vaccine would be recommended for
health care workers and others who might encounter a highly contagious
patient. Vaccinations are expected to begin in at least some states on
Jan. 24, when the liability provisions take effect.
The vaccine was not recommended for the general public, given that
the disease has been wiped from the Earth without imminent threat of its
return. Still, experts fear it could be used in an act of bioterror.
Congress did nothing to provide compensation for people injured by
the vaccine, which is made with a live virus capable of causing
accidental infections. A federal compensation fund is available for
people injured by other, less-dangerous vaccines. But administration
officials say they have no plans to propose one for smallpox.
Health care workers vaccinated because of their jobs, who then are
stricken, appear to be eligible for workers' compensation in most
states, which would compensate them for some of their lost time and
health care costs. State programs vary in their details, however, and
some will not fully cover the injuries, Thompson adviser Osterholm, a
bioterrorism expert at the University of Minnesota, told the advisory
panel.
In addition, workers' compensation would not help someone injured
after coming into contact with a vaccine, such as a patient in a
hospital.
Experts estimate that 15 or more out of every million people being
vaccinated for the first time will face life-threatening injuries, and
one or two will die. In addition, if the inoculation site is not covered
properly, the virus can escape and infect others, causing serious injury
or death.
On another matter relating to smallpox, the Advisory Committee on
Immunization Practices, which makes recommendations on immunization
policies to the Centers for Disease Control and Prevention (
news -
web sites), voted 6-0 Tuesday to recommend that adults living with
children under 1 year old can be vaccinated for smallpox.
The issue came in a letter from the New York Health Commissioner
urging the CDC to exclude adults in that category for fear that infants
might develop reactions from the vaccine through contact with vaccinated
adults. The committee concluded that chances of serious complications in
cases like this were extremely small.
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On the Net: Federal smallpox information:
http://www.smallpox.gov.
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