Administration says those who give, get vaccine not liable for damages.(Brief Article)

2003 FEB 5 - (NewsRx.com & NewsRx.net) -- Any health care workers or others vaccinated against smallpox who accidentally infect someone close to them will not be liable for damages, the Bush administration has decided.

The administration is broadly interpreting legislation approved in 2002 aimed at protecting people and institutions who began administering the vaccine in January 2003. The vaccine protects against smallpox but can cause serious reactions in people who get the shot and in people with whom they come into close contact.

Health and Human Services Secretary Tommy Thompson outlined the administration's views in a letter to the American Hospital Association, and more detailed guidance was expected from the Department of Justice.

Michael Osterholm, who advises Thompson on bioterrorism issues, said that attorneys at HHS and Justice have tried hard to interpret the law so as to offer "the widest umbrella of protection" possible.

This is good news for hospitals and health care workers, who might have been held legally liable to people who got sick or died from the vaccine. But it means that those who are injured have little recourse unless negligence is involved, which would be difficult to prove.

That could deter people from getting vaccinated, said Dr. D.A. Henderson, who chairs a federal advisory committee on bioterrorism that met recently. He said the issue was "potentially a very large problem."

President Bush said in December the vaccine would be recommended for health care workers and others who might encounter a highly contagious patient. Vaccinations were expected to begin in at least some states on January 24, when the liability provisions were scheduled to take effect.