Vaccine makers not responsible (US)

[fakishan]

Legislation would require proof of willful misconduct. In the practical world, it means they get off scott free for whatever errors they make in their vaccines.

Wednesday, November 16, 2005; Posted: 11:21 a.m. EST (16:21 GMT)

WASHINGTON (AP) -- People injured by a vaccine against bird flu or anthrax would have to prove willful misconduct to bring a claim for damages against drug manufacturers or distributors, according to legislation being drafted behind the scenes by Republicans.

"The Republican leadership in Congress is trying to do another special favor for the drug companies by slipping a provision into a massive spending bill to absolve the pharmaceutical industry of any responsibility to patients injured by dangerous drugs or vaccines, with no compensation for those who are harmed," Sen. Edward M. Kennedy, D-Massachusetts, said in a statement.

Note: still being debated, not passed yet.

[Blunt]

I have no problem with this.
I'm sure the drug companies tries to make a beneficial vaccine. It only takes 1 crazy to draw up a lawsuit that the vaccine gave him a headache or something..

:)

[Tiberius]

The purpose the legislation is in the right spirit. We are all looking to these companies to have vaccines on hand in the case of a sudden anthrax outbreak or bird flu outbreak - but it takes YEARS to come up with a vaccines, and then get all of the necessary regulatory approvals and rubber stamps to actually get it to market.

If bird flu (as an example) were to mutate into a strain that transmits between humans, we would want vaccines ASAP. These companies would not be able to produce any ASAP... **even if they had the vaccine developed** because it would not be approved and there would be rushed production timelines. They operate in an environment where everything is incredibly regulated. To then be told "rush this out the door NOW" could lead to issues - obviously. However, in a crisis situation, we would still be better off getting the vaccines sooner rather than later. This legislation just gives the company the ability to produce quickly to meet a crisis situation. It *should not* come in to play with day-to-day vaccines, etc. They are still on the hook for screw-ups under "normal" circumstances.