Legal Immunity Set For Flu Vaccine Makers

[OhioChick]

Source: AP

In Past, Thousands Filed Claims Contending They Suffered Side Effects

7:23 pm EDT July 17, 2009

ATLANTA -- 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.




Read more: http://www.newsnet5.com/health/20088640/detail.html

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I figured this was coming...

[CountAllVotes]

1. that should tell you something

and if you don't figure it out well, go right ahead and get the vaccine! :nuke:

:kick:

[wroberts189]

4. Yes it says they have no idea if it will hurt you and if it does you are on your own.

sorry.. felt the need to spell it out

[sarcasmo]

44. Exactly.

[Downwinder]

2. That's supposed to be reassuring? Inoculate all the pigs first,

see what the effect is. I'll know because the first thing I do when I go out the door is check for terrorists.

[Creationismsucks]

3. I'd get the shot. n/t

[dysfunctional press]

18. i'm planning to.

but that's mostly because i have an auto-immune disorder to begin with

[dgibby]

5. Does anyone know if the vaccine will be mandatory? n/t

[madrchsod]

9. there won`t be enough. to make it mandatory

[StarryNite]

15. They can make it mandatory

if the WHO decides to. This video is very interesting...


http://www.youtube.com/watch?v=Msdj6HL-XRw&feature=channel_page

I'm going to go post it in the video section.

[marketcrazy1]

19. the only way

i will get vaccinated is if i am forcibly restrained! ( they need to catch me first!! ) I have never had a flu shot and do not intend to start now!!

[OhioChick]

21. It'll never happen....

They can't mass produce enough vaccine in the time needed.

[StarryNite]

28. But the question was if they have the authority

to force vaccinations.

[OhioChick]

29. Doubt it. n/t

[StarryNite]

31. Never say never though...

WHO has the power to order forced vaccination in 194 countries
By birdflu666

The International Health Regulations (IHR) pursuant to Article 21 of the Constitution of WHO came into force in June 2007 and allow the General-Director of WHO to declare an international health emergency.

In such a case, the Director-General can impose regulations, including “sanitary and quarantine requirements and other procedures designed to prevent the international spread of disease”, also travel restrictions.

In the event of WHO declaring a pandemie, WHO has the authority to order forced vaccinations around the world.

All 194 signatory countries to IHR must comply. A list of countries which have signed the WHO Constitution can be found under this link.

http://www.who.int/countries/en/

http://birdflu666.wordpress.com/2009/07/09/who-has-the-power-to-order-forced-vaccines-in-194-countries/

And of course the US is one of the 194 signatory countries. Hopefully our government would tell them to stick it, pardon the pun, if the WHO ever tried ordering forced vaccinations.

[No Elephants]

36. On what is your doubt based?.

[OhioChick]

39. Opinion, obviously. n/t

[No Elephants]

35. I believe so. One, they could order it and a lot of sheeple would comply because we

are essentially law abiding and non-rebellious people in this country. (if we did not riot in 2000 or when they announced the bailous...)

Two, when the government is acting to save lives, it is a lot more power and resources everywhere, including in court, than a few protestors who don't want to take it.

[OhioChick]

38. They have shortages every year over the common flu vaccine....

I don't see them getting enough produced in time, nor do I see them being able to vaccinate those whom do not wish to be vaccinated.

Quote:

"Two, when the government is acting to save lives, it is a lot more power and resources everywhere.."

Yeah, we all saw how well the govt. did with Katrina.

[Mojorabbit]

43. I read an article yesterday

that says (from memory I think) we only have the capacity here to make 20 percent of the needed vaccine, the rest will be made overseas. If we have a bad mutation in the fall I don't think other countries are going to honor their contracts to us and have their people go without. The political pressure wouldn't allow it.
Unless it is mild, I don't think there will be much of a chance to get the vaccine.

[LeftishBrit]

40. It's unlikely that there'll even be enough for everyone who wants it.

Probably it will be necessary to prioritize risk groups.

[wroberts189]

6. They can make you get the shots against your will as well now I believe.

In a state of emergency or simple declaration of one.

Please correct me if I am wrong but I remember gw passing something that gave the authority to force shots on people.

[Robb]

12. Not quite

Pandemic emergency plans were put in place to prioritize recipients under W. It can, as ever, only be mandatory within the ranks of the military. :hi:

[wroberts189]

14. ok thx... Hopefully when I refuse at the checkpoint they will let me go by. nt

[No Elephants]

42. How did they get everyone vaccinated against smallpox? If there is a deadly epidemic, and they want

to make a vaccine mandatory, no court is going to stop them. JMO.

[TheWatcher]

49. You keep believing that.

:hi:

[irislake]

7. Does that apply in other countries too?

Or just the US where Big Pharma owns the politicians?

[madrchsod]

8. interesting...none of the vaccines will be made in the usa...

[lexanman]

10. And why would this be necessary?

[wroberts189]

16. When the first person gets chronic paralysis from one they will need some money.

But I suspect you already know this. :)

[lexanman]

17. Well, I suppose

then the answer is to get rid of tort reform so nobody can sue when someones dies. That way, they can afford another yacht. Is this about right?:hide:

[wroberts189]

20. Not understood.. "get rid of tort reform so nobody can sue"

As I understand it Tort reform is all about restricting lawsuits.

If your broke and sick and the company will not take responsibility your only option is a trial lawyer ..no matter what his/her cut is.

Its good to have options ..even bad ones.

[lexanman]

22. messed up my post

:beer: meant to say we should get rid of being able to sue for damages, that way they can buy another yacht.

[wroberts189]

24. PWI ...

Posting while intoxicated.

Like me. :) ..gets me into so much trouble.

Hope its good... Molson triple X here. I need it tonight.. this health care thing is a real nail biter drama.

[hedgehog]

26. Although the article isn't specific, I expect anyone harmed by the

vaccine will have their case heard in the special vaccine court:

"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."


Vaccine court is the popular term which refers to the Office of Special Masters of the U.S. Court of Federal Claims, which administers a no-fault system for litigating vaccine injury claims. These claims against vaccine manufacturers cannot normally be filed in state or federal civil courts, but instead must be heard in the Court of Claims, sitting without a jury. The program was established by the 1986 National Childhood Vaccine Injury Act (NCVIA), passed by the United States Congress in response to a threat to the vaccine supply due to a 1980s scare over the DPT vaccine.

http://en.wikipedia.org/wiki/Vaccine_court

[prostomulgus]

11. What is required to become a "vaccine maker"

I mean, can I set up my own vaccine company in my apartment? I'm thinking that, with this new regulation, I could fill syringes with water from my toilet & sell "swine flu shots" for $500 each. Might be able to make a few bucks this fall with no downside risk! Sounds good.

[Downwinder]

13. the making of a neocon.

[wroberts189]

23. Oh man you just gave away millions...

You want to join the scam you gotta keep it hush hush. :)

[hedgehog]

27. I don't think your proposal would make the grade:

In regulating vaccines, the US Food and Drug Administration (FDA) is governed by the Code of Federal Regulations. These regulations serve as the framework for product characterization, as well as preclinical and clinical testing strategies. Novel vaccine approaches such as combination vaccines, vectored vaccines, new adjuvants, and novel delivery systems pose unique regulatory challenges for the FDA. If US licensure is sought, communication with the FDA throughout the clinical development of a product is essential to identify and implement the appropriate strategies for demonstrating the safety and effectiveness of a new product.

http://www.ncbi.nlm.nih.gov/pubmed/11166876

[winyanstaz]

25. Well of course they had to do that...

Can't have hundreds of thousands suing the drug companies as their children become autistic or their grandma and grandpa, aunts and uncles all drop dead. That would be bad for the bottom line.

[Grinchie]

30. I suggest that everyone watch Kathleen Sebelius's interview on John Stewart

That is one cold cucumber.

I have no doubt's that she'd mandate Vaccinations at the drop of the hat to protect the Corporate interstes.

On a side note, whats the problem if people are allowed to die? This harming society bullshit is a circular argument, after all, those that received the vaccination would survive, right?

Doesn't the fact that the last epidemic was discovered at Fort Dix? People are too stupid today to notice that Big Corpo's run the show, and are part and parcel of the Military black ops.

[Chemisse]

32. Just to be the devil's advocate

The vaccine making companies would not want to rush a vaccine out into circulation if they were liable for any side effects. And they are expected to rush to presumably save a whole lot of lives if this flu mutates badly.

So it is a risk to take the vaccine - but it will be the only game in town if things go bad.

[sendero]

33. The only problem is..

... that the efficacy of these vaccines is very questionable based on studies of previous flu vaccines. So, I'm going to risk my health taking a vaccine that has a good chance of not working anyway?

No fucking way.

[SkyDaddy7]

34. I agree with you!

There is no win here for vaccine makers...If they were to decline to help the criticism would be the same if not worse. I seriously doubt there will be mandatory vaccines as there will probably not be enough to go around if this continues to get worse...Then we will see many here complain about the inability to get a vaccine.

As you said, "it will be the only game in town if things go bad."


I hope none of these conflicts arise and the H1N1 just goes away but that does not seem likely.


Many here on DU were making fun of the H1N1 outbreak just a few short months ago saying the Obama Admin and WHO were overreacting and now the mood has changed. I was literally made fun of for even bringing up the idea this H1N1 could come back in the fall as a much worse virus like the 1918 H1N1 outbreak did that killed 50 million people. So, I would imagine the current mood against the vaccine will change if things get worse much like the mood has changed about the severity of the H1N1 virus itself in just a few short months.

[PuppyBismark]

37. That's Just Fine as Long as it is not Mandatory

This really makes good sense. Now the vaccine can be produced and made available at a lower cost. We can wait a few weeks, months, watch the progression of the virus and the watch for people reacting to the vaccine. Then we can make a choice to get it or not. Just the same way we can decide to cross the street. I would assume that crossing the street would still be a riskier action.

[crim son]

41. You brave souls get the shot.

So far, this influenza has been far from "deadly".

[sarcasmo]

45. Bingo, more people have died from colds this year than the swine flu.

[cosmicone]

46. I don't see anything wrong with this safe harbor

without it, no one will have a vaccine or it will cost $10K per shot to cover ambulance chasers and whining plaintiffs who always seem to get sick as soon as they read about someone else getting sick in the paper.

[No Elephants]

47. Another victim of the Republican war on plaintiffs' lawyers. Glad you trust corporations with

immunity to take care of us more than you trust judges to be fair.

Corporations sell cars and drugs that kill us, knowing the danger.

BTW, I'd MUCH rather pay $10 more for a shot than see even one person die.

[cosmicone]

51. It is not the judges that anyone is afraid of

It is a system where it costs millions to defend oneself against frivolous lawsuits.

The horror stories of frivolous lawsuits abound.

By the way .... it is not $10 per shot -- it can be as much as $10,000 depending on the volume.

[Thothmes]

48. Change you can believe in. n/t

[melm00se]

50. i have never

had the flu (knock on wood) and never had a flu shot (possibly from growing up in a medical household built up a hell of an immune system?) so I doubt that I'll get a flu shot this year either.