WASHINGTON (Reuters) - A provision blocking
lawsuits by families who blame their children's autism on a childhood vaccine
preservative containing mercury will be repealed under an agreement announced in
the Senate on Friday.
The lawsuit block was one of several controversial measures tucked into the
homeland security bill at the last minute last fall, and which nearly derailed
the domestic defense package.
It would have prevented families who believe the preservative thimerosal is
responsible for the spike in autism cases from filing lawsuits against
manufacturers such as Eli Lilly and Co .
The agreement was brokered by Maine Republicans Olympia Snowe and Susan
Collins, and Rhode Island Republican Lincoln Chafee, moderates angered by the
insertion of the vaccine provision in the homeland bill.
The new Senate Majority leader Bill Frist, a Tennessee Republican, endorsed
it, as did key Democrats who had vowed to make repeal of the lawsuit ban a top
priority this year.
By working out the repeal language so early in his tenure, Frist avoided an
ugly fight that could have overshadowed other legislative initiatives.
Democrat Debbie Stabenow of Michigan, who had drawn up her own repeal
legislation and who attended a rally of dozens of families of autistic children
in Washington earlier this week, called the agreement "a great victory."
Autism is a developmental disorder that makes it difficult for a person to
interact with others. Young children with autism often do not talk normally and
may appear to have difficulty hearing.
ENCOURAGING DRUG COMPANIES
Vaccine makers and health officials say the lawsuits are aimed at bypassing
the Vaccine Injury Compensation Program, established to compensate any children
injured by vaccines.
The idea is that vaccines do social good and society should shoulder any
burden -- and also to encourage drug companies to make vaccines.
Lilly said the Homeland Security legislation only clarified this, and said it
expected legislation would be passed later to reflect the controversial
provisions.
"The vaccine ingredient provision only clarified that claims alleging injury
due to vaccine ingredients are to be heard in the Vaccine Court established by
the Vaccine Injury Compensation Program," the company said in a statement.
"It did not change in any way the underlying law or the way it is being
interpreted by the courts."
The company expressed sympathy for children with autism and their families,
but noted that despite many studies, no one has been able to find any evidence
that thimerosol, or any vaccine, causes autism.
"There is no denying that autism is a devastating diagnosis for many families
and Lilly expresses profound sympathy for these families. However, the lawsuits
that have been filed against Lilly and other manufacturers are not supported by
science," the company said.
The homeland bill passed only after leading Republicans promised to take
another look at the controversial aspects early this year. "We've made good on
our promise to revisit those provisions," said Frist, a surgeon.
He has backed a ban on thimerosal lawsuits as part of broader vaccine
compensation reform.
The deal announced by Snowe and her colleagues addresses two other changes in
the homeland measure. One will make it easier for colleges and universities to
compete for research grants or contracts from the new homeland security
department.
The other will bar most corporations who move offshore to avoid U.S. taxes
from getting federal contracts, except when it is essential to national
security.
ALL INFORMATION, DATA, AND
MATERIAL CONTAINED, PRESENTED, OR PROVIDED HERE IS FOR GENERAL INFORMATION
PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS REFLECTING THE KNOWLEDGE OR OPINIONS
OF THE PUBLISHER, AND IS NOT TO BE CONSTRUED OR INTENDED AS PROVIDING MEDICAL OR
LEGAL ADVICE. THE DECISION WHETHER OR NOT TO VACCINATE IS AN IMPORTANT AND
COMPLEX ISSUE AND SHOULD BE MADE BY YOU, AND YOU ALONE, IN CONSULTATION WITH
YOUR HEALTH CARE PROVIDER.
"A foolish faith in authority is the worst enemy of truth."
-- Albert Einstein, letter to a friend, 1901
"I know of no safe depository of the ultimate powers of the society but the people themselves, and if we think them not enlightened enough to exercise control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education."
-- Thomas Jefferson, letter to William C. Jarvis, September 28, 1820
"What's the point of vaccination if it doesn't protect you from the unvaccinated?"
-- Sandy Gottstein
"Who gets to decide what the greater good is and how many will be sacrificed to it?"