Democrats Move to Expand Potential Liability of Makers of Bioterrorism Vaccines, Countermeasures
Global Security Newswire
U.S. Senator Mike Enzi (R-Wyo.) could block efforts by Senate Democrats to pass legislation that would expand the liability of companies that produce bioterrorism countermeasures and vaccines, the Biodefense Funding Report reported yesterday (see GSN, Feb. 15).
Senators Christopher Dodd (D-Conn.) and Edward Kennedy (D-Mass.) last week introduced a bill to repeal liability protections included in the fiscal 2006 defense spending bill. The Responsible Public Readiness and Emergency Preparedness Act would create a compensation pool for people injured by a vaccine or drug used against an act of bioterrorism or a natural outbreak, as well as allow that person to sue the manufacturer.
A spokesman for Enzi, who chairs the Senate Health, Education, Labor and Pensions Committee, said the bill troubles the senator. Enzi's committee has jurisdiction over the bill, according to the Funding Report.
Spokesman Craig Orfield said that while Enzi has not taken a formal position on the legislation, he would be "very cautious in approaching any bill or proposal that might create complications for the bird flu liability that's been put in place at this time." Orfield added that there is a "very careful balance that has been put in place and it would be very difficult to pass anything that might undo that or place any stress on [the agreement] for the time being."
A source from within the pharmaceutical industry said drug companies would not produce countermeasures needed in case of a biological attack if the liability shield was removed.
Kennedy, however, said his bill corrects "a grievous mistake." He argued that liability protections would make people less likely to use the countermeasures and that first responders would be reluctant to take them as they would have no recourse if they experienced an adverse reaction.
Companies under the current law could be sued only if found to have committed willful misconduct (Biodefense Funding Report, Feb. 21).
U.S. Senator Mike Enzi (R-Wyo.) could block efforts by Senate Democrats to pass legislation that would expand the liability of companies that produce bioterrorism countermeasures and vaccines, the Biodefense Funding Report reported yesterday (see GSN, Feb. 15).
Senators Christopher Dodd (D-Conn.) and Edward Kennedy (D-Mass.) last week introduced a bill to repeal liability protections included in the fiscal 2006 defense spending bill. The Responsible Public Readiness and Emergency Preparedness Act would create a compensation pool for people injured by a vaccine or drug used against an act of bioterrorism or a natural outbreak, as well as allow that person to sue the manufacturer.
A spokesman for Enzi, who chairs the Senate Health, Education, Labor and Pensions Committee, said the bill troubles the senator. Enzi's committee has jurisdiction over the bill, according to the Funding Report.
Spokesman Craig Orfield said that while Enzi has not taken a formal position on the legislation, he would be "very cautious in approaching any bill or proposal that might create complications for the bird flu liability that's been put in place at this time." Orfield added that there is a "very careful balance that has been put in place and it would be very difficult to pass anything that might undo that or place any stress on [the agreement] for the time being."
A source from within the pharmaceutical industry said drug companies would not produce countermeasures needed in case of a biological attack if the liability shield was removed.
Kennedy, however, said his bill corrects "a grievous mistake." He argued that liability protections would make people less likely to use the countermeasures and that first responders would be reluctant to take them as they would have no recourse if they experienced an adverse reaction.
Companies under the current law could be sued only if found to have committed willful misconduct (Biodefense Funding Report, Feb. 21).
