[NVIC] The Sickening Politics Of Vaccine Legislation

[Guest guest]

E-NEWS FROM THE NATIONAL VACCINE INFORMATION CENTER

Vienna, Virginia http://www.nvic.org

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UNITED WAY/COMBINED FEDERAL CAMPAIGN

#8122

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" Protecting the health and informed consent rights of children since 1982. "

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BL Fisher Note:

The Seventh Amendment to the U.S. Constitution guarantees every American

citizen, who has been injured, the right to a trial in front of a jury of

his or her peers. The founders of our nation guaranteed citizens the right

to access the judicial system for a reason: it serves as a necessary check

and balance on the power of the Executive and Legislative branches of

government. What is sickening is the 40-year effort by the drug industry to

brow beat Congress into giving them a free pass when it comes to injuries

and deaths caused by experimental vaccines drugs companies want to rush to

market. Will the politicians who give the drug companies a free pass on this

one take personal responsibility for financially supporting the children and

adults who are harmed by poorly regulated vaccines they are forced to take

whenever the Secretary of Health declares a public health " emergency? "

http://www.businessweek.com/magazine/content/05_49/c3962062.htm

Business Week

December 5, 2005 edition

The Sickening Politics Of Vaccine Legislation

Even in an era of hyper-partisanship, it should have been easy. Everyone on

Capitol Hill, Republican and Democrat, understands that the U.S. needs

emergency legislation designed to speed production of new vaccines aimed at

combating future pandemics. Everyone knows drugmakers need a liability

shield to protect against the lawsuits that will inevitably spring up when a

vaccine is rushed to market. And nearly everyone wants Washington to help

Americans who are injured by their shots.

But in Washington nothing is easy, especially when it involves a clash

between two bitter enemies -- Hill Republicans and the trial lawyers. The

GOP and pharma lobbyists charge that the lawyers and their allies are

pulling out all the stops to prevent any erosion of their cherished right to

sue at the drop of a hat. But the plaintiffs' attorneys see the Republicans

pushing broad relief from lawsuits under the guise of public health. " It's

cynical to claim that this is what's needed to deal with avian flu, " says

Senator M. Kennedy (D-Mass.). " The Republican leadership is trying to

do another favor for the drug companies. "

Obscured by the overheated rhetoric, however, is a key issue: How much

compensation should people damaged by these vaccines collect? Kennedy and

the trial lawyers say they can support liability protections for drugmakers

only if victims are promised full government indemnity. " We are not in any

way trying to undermine the vaccine program, " says Association of Trial

Lawyers of America lobbyist Lipsen. " In the event that individuals are

injured [or] killed, there should be... compensation. "

Full indemnity could be a trillion-dollar commitment, but that's completely

impractical and unaffordable, Republicans say. During negotiations between

Kennedy and Mike Enzi (R-Wyo.) on indemnity, Senate Majority Leader Bill

Frist (R-Tenn.) summoned senators to his office to call off the talks.

Indemnity will never fly, he said.

Vague Compensation

Instead, Industry and Frist are backing an effort led by Senators

Burr (R-N.C.) and Judd Gregg (R-N.H.). They would limit liability to

vaccines designated as essential to fighting pandemic flu or other deadly

new diseases and would direct the Secretary of Health & Human Services to

create a compensation program, with details and funding to be determined

later. " We just don't have enough information to set one up now, " argues a

GOP staffer.

The pharmaceutical industry, not surprisingly, is firmly behind the GOP.

Trial lawyers, advocates for vaccine victims, and others counter that a

vague plan for a future compensation program is tantamount to none at all.

Somewhere in the middle are public health experts. They want Congress to

spur vaccine production while assuring the public it will have a safety net.

When all the smoke clears, that's likely to happen. Supporters plan to

attach the Burr liability provision to a spending bill that just enough

Democrats -- especially those like Senator Hillary Rodham Clinton (D-N.Y.),

who have already backed some form of liability protection -- will be loath

to oppose. It won't be pretty, it won't be easy, and it won't be truly

bipartisan. But " it's all going to work out, despite the big bad trial

lawyers, " says a pro-industry lobbyist.

By S. Dunham and Carey, with Lorraine Woellert and Eamon Javers

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