Legal immunity set for swine flu vaccine makers
By MIKE STOBBE
AP Medical Writer
Sourced from:
http://www.autismtodayonline.com/
The last time the government embarked on a major vaccine campaign
against a new swine flu, thousands filed claims contending they suffered
side effects from the shots. This time, the government has already taken
steps to head that off.
Vaccine makers and federal officials will be immune from lawsuits
that result from any new swine flu vaccine, under a document signed by
Secretary of Health and Human Services Kathleen Sebelius, government
health officials said Friday.
Since the 1980s, the government has protected vaccine makers against
lawsuits over the use of childhood vaccines. Instead, a federal court
handles claims and decides who will be paid from a special fund.
The document signed by Sebelius last month grants immunity to those
making a swine flu vaccine, under the provisions of a 2006 law for
public health emergencies. It allows for a compensation fund, if needed.
The government takes such steps to encourage drug companies to make
vaccines, and it's worked. Federal officials have contracted with five
manufacturers to make a swine flu vaccine. First identified in April,
swine flu has so far caused about 263 deaths, according to numbers
released by the Centers for Disease Control and Prevention on Friday.
The CDC said more than 40,000 Americans have had confirmed or
probable cases, but those are people who sought health care. It's likely
that more than 1 million Americans have been sickened by the flu, many
with mild cases.
The virus hits younger people harder that seasonal flu, but so far
hasn't been much more deadly than the strains seen every fall and
winter. But health officials believe the virus could mutate to a more
dangerous form, or at least contribute to a potentially heavier flu
season than usual.
"We do expect there to be an increase in influenza this fall," with a
bump in cases perhaps beginning earlier than normal, said Dr. Anne
Schuchat, director of the CDC's National Center for Immunization and
Respiratory Diseases.
On Friday, the Food and Drug Administration approved the regular
winter flu vaccine, a final step before shipments to clinics and other
vaccination sites could begin.
The last time the government faced a new swine flu virus was in 1976.
Cases of swine flu in soldiers at Fort Dix, N.J., including one death,
made health officials worried they might be facing a deadly pandemic
like the one that killed millions around the world in 1918 and 1919.
Federal officials vaccinated 40 million Americans during a national
campaign. A pandemic never materialized, but thousands who got the shots
filed injury claims, saying they suffered a paralyzing condition called
Guillain-Barre Syndrome or other side effects.
"The government paid out quite a bit of money," said Stephen
Sugarman, a law professor who specializes in product liability at the
University of California at Berkeley.
Vaccines aren't as profitable as other drugs for manufacturers, and
without protection against lawsuits "they're saying, 'Do we need this?'"
Sugarman said.
The move to protect makers of a swine flu didn't go over well with
Paul Pennock, a prominent New York plaintiffs attorney on medical
liability cases. The government will likely call on millions of
Americans to get the vaccinations to prevent the disease from spreading,
he noted.
"If you're going to ask people to do this for the common good, then
let's make sure for the common good that these people will be taken care
of if something goes wrong," Pennock said.
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