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UNDER A NEW provision in
the homeland security bill, OKd by the House Wednesday night and
expected to be approved by the Senate next week, people or
facilities that deliver the dangerous but highly effective
inoculations would not face personal liability from lawsuits by
people injured or killed by the vaccine. Instead, the federal
government would defend any suit and pay any damages. Victims could
get compensated for their injuries, but not receive punitive
damages.
The development comes as President Bush considers who should
get the smallpox vaccine and how quickly to offer it. Health
officials who met with the president Wednesday favor a plan that
would begin by offering the vaccine to people most likely to see a
contagious smallpox patient starting with hospital emergency room
workers. Eventually, it would be offered to the general public,
probably by early 2004.
Others in the White House, including Vice President Dick
Cheney, have favored offering the vaccine to the public more
quickly, even before the Food and Drug Administration licenses it.
Bush has not said what approach he prefers.
House OKs homeland security office
LIABILITY QUESTION
The liability question is one of several that has delayed
action. |
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Because of the risks
associated with the smallpox vaccine, many health professionals may
be unwilling to give the vaccine without some measure of liability
protection, said Sen. Bill Frist, R-Tenn., a leader on bioterrorism
issues who has been pushing this issue for months. The threat of
lawsuits mustnt be a barrier to protecting the American people.
The issue touches on the larger question of tort reform. That
divides Republicans, who generally want to limit lawsuits, and
Democrats, who generally want to preserve peoples right to sue. But
there was little sign of opposition on this provision, which is
targeted specifically to the smallpox vaccine.
Smallpox was declared eradicated in 1980, and all stocks of
the virus were supposed to be destroyed, except for samples in
special labs in Atlanta and Moscow. Experts fear Iraq or terrorist
groups have secret supplies of the virus and may release it.
The U.S. population is highly vulnerable to an attack with
smallpox, which has no known treatment and historically has killed
30 percent of its victims. Routine vaccinations ended in the United
States in 1972, and experts believe those last vaccinated more than
three decades ago have little if any residual immunity. |
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But the
vaccine is not without risks. It is made with a live virus called
vaccinia that can cause serious damage both to people vaccinated and
to those with whom they come into close contact. Experts estimate
that 15 out of every 1 million people being vaccinated for the first
time will face life-threatening complications, and one or two will
die.
The most common serious reaction comes when vaccinia escapes
from the inoculation spot, often because people touch the spot and
then touch their eyes or mouth, or someone else. For instance, the
virus transferred to the eye can cause blindness. Other fatal side
effects include encephalitis, which can cause paralysis or permanent
neurologic damage, and progressive vaccinia, where the virus
spreads, eating away at flesh, bone and gut.
People would be told the risks before they are vaccinated.
Still, lawsuits could be filed if someone is killed or injured.
HOMELAND SECURITY
PROVISION
Under the provision now part of the homeland security bill,
the Federal Tort Claims Act would be extended to any person or
facility that provides the vaccine under a plan issued by the
federal government. Under this act, cases would be tried in federal
court using the appropriate state law.
© 2002 Associated Press. All rights reserved. This
material may not be published, broadcast, rewritten or
redistributed.
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