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  ALLIANCE FOR JUSTICE * CENTER FOR JUSTICE AND DEMOCRACY CONSUMER FEDERATION OF AMERICA * PUBLIC CITIZEN USACTION * USPIRG December 7, 2005
The Honorable Bill Frist The Honorable Harry Reid Dear Senators: We understand that House and Senate leaders are proposing an amendment to the Department of Defense appropriations bill that would immunize the drug industry from liability for vaccines and other countermeasures used in public health emergencies. We urge you to reject this proposal. The proposal protects manufacturers but provides no compensation for first responders and ordinary individuals who may suffer serious illness or death as a result of taking a vaccine or other countermeasure. Moreover, the provision is being put together in a backroom deal—it was not passed by either the House or the Senate, nor ever debated on either Chamber’s floor. Any legislation that provides liability protections to manufacturers without ensuring that first responders and others injured by emergency vaccines and other countermeasures are compensated is extremely unfair and short-sighted. We recognize the urgent need to prepare adequately for infectious disease outbreaks . It may very well be that during public health emergencies expedited approval of vaccines and drugs is necessary for the nation’s security. But we must also recognize that relaxation of testing requirements greatly increases the risk to the public that the vaccines or other countermeasures will injure some recipients of them. Moreover, manufacturers will be rushed to produce and deliver emergency countermeasures to meet contractual obligations, heightening the potential for negligence and recklessness that could compromise the quality of these products. It is unjust and unfair to ask the American people to take on all the risks of emergency vaccines and other countermeasures produced and administered under such circumstances. Broadly shielding manufacturers from responsibility for gross negligence, recklessness and other egregious behavior and leaving victims with no recourse, may cause more public harm than the pandemic disease itself. As doctors and public health officials have warned, if individuals know there is no remedy for injuries caused by the vaccine’s side effects or by a defective batch of vaccine, they are likely to refuse immunization, thus undermining efforts to contain outbreaks. Our nation’s two prior experiences with mass vaccination programs should be kept in mind. The swine flu vaccination program was stopped after only two months because the vaccine caused thousands of injuries. Some 4,000 people were hurt by the vaccine, over 500 of whom developed a paralyzing nerve disorder that ultimately claimed some 30 lives. Just one person died as a result of swine flu. More recently, the smallpox vaccination program failed in part due to reluctance among health workers to take the vaccine because of its potential health risks and the uncertainty of compensation. We ask that you make the safety of the American people a priority ahead of the interests of vaccine and drug manufacturers, and reject this unfair and dangerous proposal. Sincerely, Alliance for Justice Center for Justice and Democracy Consumer Federation of America Public Citizen USAction USPIRG more resources
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