Stories like this one are pushing me to start a new blog titled – Unintended Consequences. Trial lawyers, special interests and vaccines
Since early November, when the homeland security bill was being debated in the Senate, Mrs. Stabenow and many of her Democratic colleagues on Capitol Hill have denounced the vaccine language as a special-interest measure benefiting big drug companies that would “severely limit parents’ ability to get justice for their children.” Mrs. Stabenow accused advocates of the vaccine measure of seeking “to reward powerful special interests under the guise of homeland security.”
But these assertions by Mrs. Stabenow, (who according to the Web site opensecrets.org received $474,412 from trial lawyers during her 2000 Senate campaign, the seventh-highest total received by senators that year), stand the truth on its head. Her proposal, which will be voted on in the Senate in coming weeks, will hardly make Americans safer. Instead, it could well jeopardize public health and homeland security by making it less likely that essential, lifesaving vaccines ? including vaccines against diseases caused by chemical or biological weapons ? ever make it to market.
Victor Schwartz, a veteran Washington lawyer who serves as general counsel for the American Tort Reform Association, points out that Congress, with the support of liberals such as Rep. Henry Waxman, California Democrat, instituted the no-fault vaccine injury compensation program in the mid-1980s to provide a quick alternative to enable individuals to receive compensation when they are injured by a vaccine. Mr. Schwartz, who was involved in drafting that legislation, says that Congress always intended the program to cover ingredients along with the vaccines themselves. The provision of last year’s homeland security legislation (which was added in response to trial lawyers’ efforts to create an artificial distinction between vaccines and their ingredients) was nothing more than an effort to clarify this point.
What’s more, the provision didn’t take away anyone’s right to sue. Instead, it allows people injured by vaccines and their ingredients the chance to quickly recover damages for their injuries from a compensation fund paid for by manufacturers. “Most people agree to a settlement through this fund, but if they are not satisfied with their award, they can then choose to file a civil lawsuit,” Mr. Schwartz says.
By contrast, the Stabenow approach will effectively guarantee that, unless a vaccine ingredient works perfectly and without adverse side effects in every person who receives it ? an impossible standard to meet ? that the manufacturer could face a multimillion-dollar lawsuit. This will make it far less likely that vaccines, including ones that could protect Americans in the event of deadly attacks using chemical or biological weapons, will ever be produced. Already, the number of foreign and domestic vaccine producers has declined from roughly 24 in 1967 to just four today.
Several thoughts come to mind here. First, I continue to think of the parable about the goose and the golden egg. Second, I recall Robert Burns
But, Mousie, thou art no thy lane
In proving foresight may be vain:
The best laid schemes o’ mice an’ men
Gang aft a-gley,
An’ lea’e us nought but grief an’ pain,
For promised joy.
For the entire poem – Robert Burns To a Mouse Maybe I should name the blog – Unintended Consequence – the best laid plans.
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{ 2 comments }
I think “Medrants” captures everything pretty nicely, myself.
Thanks for pointing out the article. It’s something I wrote about a month ago. The Homeland provisions were sneaky, and left out a few critical sections (such as funding provisions) but that doesn’t mean that the law shouldn’t have been passed. It needs to be refined, but not revoked.
The problem with only telling one side of the story is that the truth does not become apparent. Senate majority leader Bill Frist is a vocal friend of the drug and chemical manufacturing industry. It is well known that they have donated in excess of $20,000,000 to the Republican Party in the 2002 election cycle. Public comments made by Republican Senator McCain at the time of the attempted amendment of the Homeland Security Act (before the Senate passed the Congress’s version with the stealthy added vaccine and chemical company special interest provisions) reflect the real reason these provisions were added. They were never to protect Homeland Security. Infact the only vaccines to be addressed in this bill, smallpox and anthrax, never included thimerosal, the mercury containing preservative which was the sole purpose of the Vaccine Act amendment language. The language specifically provided immunity to the the drug abd chemical industry for their bad judgement in putting toxic mercury in childhood vaccines. The reason that it does provide immunity is that in the Vaccine Act, one must file a claim within 36 months of any sign of injury or be forever barred from filing a claim in the Vaccine Act or the court system. Usually under state laws children’s rights do not terminate without their reaching the age of majority(18 or 21) or at least until they or their parents have a reason to know the child was harmed by a product. This is important in the context of mercury in vaccines because the parents do not get informed that there is mercury in the vaccine which a doctor or a nurse gives to the child. The packaging for vaccines containing mercury only advised “0.1% thimerosal by volume” and did not reflect the weight of the mercury which makes up more than 49% of the thimerosal preservative. This is shocking considering the child is exposed to 30 times the EPA safe limit for mercury with most of these shots (up to twice that for premature infants). Even the doctors’offices were not informed. Because the effects of mercury poisoning occur slowly it was virtually impossible for the majority of brain damaged children to know the cause of their harm. If mercury poisoning claims were deemed to have to go through the Vaccine Act program then approximately 80% of the brain damaged children would be precluded from any right of recovery. This is the real purpose of the vaccine act amendments.
What the Republican Party ultimately seeks to do is to pass on the extremely high cost of caring for children with autism spectrum disorders to their parents and the states’ already burdened school and social service programs. This will benefit a handfull of large corporations, some of which are foreign corporations, at the expense of taxpayers. The reality of the harm and its cost to society does not go away if the the corporations receive some immunity from the federal government.
The Vaccine Act since its inception 17 years ago has only adjudicated less than 1500 claims and only slightly more than half have received compensation. In the United States today 400,000 people have autism, with the majority in the last ten years. With the epidemic of autism increassing by five fold in period from 1990 to 2000 is it any wonder the manufactures seek a federal government bail out? The $20,000,000 they have already delivered is less than one cent on the dollar for the harm they caused. Should their 30 pieces of silver be enough?
One of the biggest crimes in all of this is that the companies who believe they will have this immunity with the next go around of legislation from the Republican majority have already reintroduced mercury into their vaccines, despite no safety studies to support this endeavor. The problem with not holding bad corporate citizens accountable is that they have no reason to provide a safe supply of vaccines for our nation’s babies.
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