Bill Would Limit Damages For People Injured By Smallpox Vaccine

LAURA MECKLER, Associated Press Writer
Wednesday, November 13, 2002
©2002 Associated Press

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.

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.

This is a VERY, VERY good thing. First of all, we need to pull the teeth of the lawyers here, who are "war profiteers" of the worst stripe if they start filing frivolous lawsuits right and left claiming "damages."

Second this opens up the wider notion that it's time for tort reform in general.

The last thing that we need right now is to worry about paying outrageous claims when we have more immediate needs.

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.

I guess those stats sound ominous to some, but if one were to read up on many of the drugs that they are taking, they would find the odds of complications much higher than these.

I was once given some free samples of an anti-depressant drug that is supposed to help stop smoking. I looked it up in the Physicians Desk Reference and found that 1/10,000 subjects developed seizure disorders.

Every drug, innoculation, treatment or surgery has a risk factor--pick your poison. I for one would take my chances on the innoculation.

The problem I have is that some groups are more at risk to the adverse affects of vaccines and aren't given proper counsel before getting vaccinated. Also why should the government pick up the cost? If the pharmaceutical companies can spent millions upon millions in promoting the vaccine I think if its only one in "fill in the blank" they can cough up the money if not that many people would have adverse reactions. Why the hell should I have to pay for it?

"So, the needs of the whole are more important than the needs of the one?"

Uh huh. You've never been vaccinated, never taken an over the counter drug, never taken an illegal drug, never eaten, never breathed and never had contact with any other life form, eh?

That's what this story is telling you that you must do in order to avoid an "adverse" reaction - such as an allergic reaction. Did you know that about 1 in 10 million people have an adverse reaction to the organisms in THEIR OWN SKIN???? That's right!!

Wanna sue God? Don't believe in God?? Well...then you're screwed.

If our government has real proof of Islamic intentions to re-introduce the scourge of smallpox upon humanity, and tries to keep this information controlled "to prevent panic" when a concerted effort to rid this country from these animals is still possible...I will be standing in the crowd to force them all, every last official, to hang, as traitors, not only to the USA, but too all of mankind!

I am heartily sick of this spurious,unsubstantiated threat crap!

TELL US THE TRUTH!

"I am heartily sick of this spurious,unsubstantiated threat crap!"

Uh...it's not about "spurious unsubstantiated threats" OR about the government "lying" to us.

After months of intensive discussion between the Fed, the CDC and any member of the general public who wished to join in, it was decided that the government would make the smallpox vaccination available to any in the general public who want to take it...again...or the first time if you're ...err...not my age.

This isn't propaganda (TRUST ME, I know propaganda), or an attempt at control...it's simply a wise precaution in the face of one of the few possible threats that we have the ability to easily preempt. Think of it as heading off one possible suspect in "Outbreak" or "The Stand" scenario. The Stand was brought up a lot at public discussions.

You have me, for one, to thank for having the option to be vaccinated if you so choose. If not for us, you'd be whining about how the GOVERNMENT was keeping VITAL MEDICINE THAT COULD SAVE YOUR LIFE away from you in favor of the military and homeland defense crew.

The vaccination is NOT mandatory to the general public.

First level of risk gets first dibs at vaccination (like the military and a few others, where it IS mandatory)

Second level of risk gets next dibs: all homeland defense. First responders (police, medical and fire) hospital personnel, and teachers will be allowed to opt in. At this stage, schools will hand out pamphlets and give info on smallpox vaccines to parents, who will have access to bothe the CDC and their doctor, who will also have info, for information and discussion on whether to vaccinate their child (option on children begins at this level.)

Third Level, general public...the rest of us, including the tinfoil hat types will be able to decide if we want to be vaccinated.

The distribution was the best solution of a whole host of logistical problems (including personnel, shipment, manufacture, viability, agenda propaganda etc.). I apologize in advance for any information in this post which duplicates the article, but I know it all already. The Bush bashing propaganda campaign I'm seeing beginning tonight looks like a cheap remake of Reichspropagandaleitung

This is the beginning of "Third Level"...where've you guys been??

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