SCIENTISTS who advise ministers on the safety of the
Measles, Mumps, Rubella (MMR) vaccine - and other matters of public concern
- are calling for the Government to give them insurance cover in case they
are sued.
Members of Whitehall's numerous "scientific advisory
committees" fear that they will be drawn into multi-million-pound
court cases brought by families who believe that their children have been
damaged by drugs endorsed by the Government. Writs have
already been launched against the company that manufactures the MMR vaccine
by parents who claim that their children have contracted autism or bowel
disease after being injected with it.
The Government maintains that there is no evidence of a link with the
triple vaccine, but scientists fear that the courts may well overrule them
because they have lower standards of "proving" causal links. The
call for protection against legal action, which may result in huge damages
being awarded against them, will further undermine public confidence in the
Government's £3 million campaign to convince parents that the MMR vaccine
is safe.
The Royal Society, the medical body that represents leading scientists,
has sent a submission to ministers calling on them to indemnify the
scientific advisory committees against legal action. The society's paper states:
"The Office of Science and Technology may wish to take advice on the
liabilities of members who give advice and take decisions in good
faith."
A spokesman for the organisation said: "There is a feeling that we
are going more and more the way of America, where lawyers have a field day.
We believe it is unfortunate that we are facing a litigation culture like
the States. Unless there is protection, you won't get anyone to sit on any
of these scientific advisory committees if it means that their homes and
families' welfare is in jeopardy.
"No one is asking for an indemnity for doing something in bad
faith; it is not for people who do sloppy work. But what has happened in
the States is that the courts have sometimes decided that, even though
there is no statistical evidence of a link between a vaccine and various
diseases, they will nevertheless decide that there is a causal link
according to legal standards of proof."
Jackie Fletcher, the founder of Jabs, a support group for children
believed to have been damaged by vaccinations, said: "It looks like
the scientists want to have it both ways. They want taxpayers to believe
what they are saying and yet at the same time, if there is a chance of them
being sued, they want the taxpayer to foot the bill."
The Royal Society's submission on legal indemnity comes at a time when
the Government is drawing up a new code of practice for the scores of
scientific advisory committees that advise ministers, including the Joint
Committee on Vaccination and Immunisation, and the Committee on the Safety
of Medicines.
21
January 2001: MMR doctor links 170 cases of autism to vaccine
18
January 2001: MMR jab was launched too early, says health chief
16
January 2001: [Features] Is MMR a shot in the dark?
14
January 2001: Doctors could be sued over single jabs
2
June 1999: Vaccine 'linked' to bowel disease
1
November 1998: Families begin legal fight over MMR vaccine
27
February 1998: Vaccination may trigger disease linked to autism
12
September 1997: Child vaccine link to bowel diseases is dismissed