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| UNDER A NEW provision in the homeland security bill, OK’d by the House Wednesday night and expected to be approved by the Senate next 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.   House OKs homeland security officeLIABILITY QUESTION The liability question is one of several that has delayed action. | |||||||||
| “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 touches on the larger question of tort reform. That 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. HOMELAND SECURITY PROVISION 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. © 2002 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. | ||||||||
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