http://www.heraldtribune.com/apps/pbcs.dll/article?Date=20021113&Category=APW&ArtNo=211131157&Ref=AR
By LAURA MECKLER
Associated Press Writer
WASHINGTON (AP) - Congress is set to give special legal
protection for health care workers who will be delivering smallpox vaccines,
clearing one of the stickiest issues in the smallpox debate.
Under a new provision in the homeland security bill, poised for approval this
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.
In addition, Bush was considering a Pentagon recommendation to vaccinate U.S.
military forces against smallpox.
The liability question is one of several that has delayed action on the civilian
plan.
"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
mustn't be a barrier to protecting the American people."
The issue could take a political edge because it touches on the larger question
of tort reform. Tort reform divides Republicans, who generally want to limit
lawsuits, and Democrats, who generally want to preserve people's 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.
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.
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.
The homeland security bill is expected to pass the House and Senate before
lawmakers adjourn their lame-duck session this week.
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.