Senators Say GOP Seeks To Shield Drug Makers - Dodd, Kennedy See Legal Relief Threat
By THOMAS D. WILLIAMS
Courant Staff Writer
Two Democratic U.S. senators on Wednesday accused GOP senators of trying to slip through a measure that would shield the makers of experimental drugs authorized for use in national health emergencies from being sued even if such drugs prove harmful.
The senators, Christopher Dodd, D-Conn., and Edward M. Kennedy, D-Mass., said powerful legal immunities being pushed by the GOP would deny people legal recourse for injuries or deaths arising from the use of such drugs.
Amy Call, a spokesperson for Senate Majority Leader Bill Frist, R-Tenn, said much of the language in the measure has been discussed in the Senate Committee on Health, Education, Labor & Pensions, of which Kennedy is a ranking member and Dodd is a member.
"If Sens. Dodd and Kennedy would like to come to the table in a good faith way, Sen. Frist would be happy to talk to them," Call said. "This is important legislation to ensure that if a pandemic-like avian flu hits, the vaccine makers will be available to manufacture the protections the American people will need."
Call said the provision would probably be attached to another bill in the next two weeks or more.
But, Dodd said this provision "is being discussed in a backdoor deal without including a [consumer] compensation program and discussing [drug] liability issues."
He said both he and Kennedy strongly supported encouraging manufacturers creating drugs to protect the public in a national emergency, but not without protections.
During a conference telephone call with the press and Dodd, Kennedy said similar issues arose during the smallpox vaccine debate.
In that case, many medical emergency responders were unwilling to take the vaccine, fearing they would be unable to seek compensation in the event of an adverse reaction.
"They are going out and taking the risk in a national emergency," said Kennedy. "If we are asking them to act in the national interest, they need compensation [protection]."
However, Doug Heye, a spokesman for U.S. Sen. Richard Burr, R-N.C., said the bill includes a compensation program.
"The legislation specifically requires the secretary of [Health and Human Services] to put in place a compensation program," Heye said. "There are [freedom of information] exemptions for proprietary and national security information."
Call said the provision would not shield manufactures for "willful misconduct."
