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November 15, 2002

U.S. IMMUNIZATION NEWS

"U.S. May Assume Liability for Smallpox Vaccine"

Wall Street Journal (www.wsj.com) (11/15/02) P. A5; Lueck, Sarah

The Senate is considering having the U.S. government assume responsibility for any harmful side effects of the smallpox vaccine, instead of the physicians and medical facilities that would conduct a federal vaccination campaign against the disease.  The assumption of liability is contained in a bill that would create a Homeland Security Department, and the House has already approved the protections.  Some health care providers had said they would refuse to administer the vaccine without such safeguards; the federal government's contracts with the vaccine manufacturers already protect the companies from liability.  The provision would extend protections from the Federal Tort Claims Act to people and facilities that administer the vaccine, with those harmed by the vaccine eligible for compensation for injuries but not damages on the whole.  Democrats are not pleased by a House provision protecting the pharmaceutical companies, saying that it was passed without debate and is a special-interest provision.

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