Some Hurt Won't Get Vaccine Compensation

WASHINGTON (AP) - Some people who may be injured by the smallpox vaccine will not qualify for compensation under current law, health officials said Saturday.

Health and Human Services Secretary Tommy Thompson said he is open to discussing a compensation fund like the one that aids people hurt by other vaccines, but he said there is no legislation drafted and none is imminent.

The smallpox vaccine, which is being recommended for some 10 million Americans, is more dangerous than any other given in this country. It has rare but serious side effects, and history suggests that one or two people out of every million being vaccinated for the first time will die.

A provision in the Homeland Security Act bars most lawsuits related to smallpox vaccinations. People who are injured may sue in federal court, but they would have to prove negligence. Given that the vaccine is inherently dangerous, that would be very difficult.

People who get the shot through their jobs could make claims through workers' compensation and get reimbursed for health expenses and time lost from work, officials said.

But people who get sick by coming into contact with someone who was inoculated have no real option, officials allowed.

The vaccine is made of a live virus that can cause infections until the injection site scabs over. A vaccinated person can spread the virus by touching the injection site, then touching someone else. That person would not qualify for workers' compensation.

"We do recognize that there may be gaps in the compensation," said Dr. Julie Gerberding, director of the Centers for Disease Control and Prevention. "We are going to identify those gaps and look at options for closing them."

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