Group of Republican Senators Agree To Repeal Vaccine Liability Provision in Homeland Security Law
Senate Republican leaders on Jan. 10 agreed to repeal a provision in the homeland security law approved last year that protects drug companies, such as Eli Lilly, from "multibillion dollar lawsuits" claiming that thimerosal, a vaccine preservative, caused autism in some children, the Washington Post reports (Dewar, Washington Post, 1/11). Under the provision, a federal vaccine compensation program established in 1988 to provide liability protection for vaccine manufacturers would address claims regarding thimerosal. The provision stipulates that lawsuits may only be filed against vaccine manufacturers if a plaintiff is "unhappy" with the remedy offered by the federal program. To ensure passage of the homeland security bill, which was signed in November 2002 by President Bush, Republican leaders promised to "revisit" the liability provision in January and amend the exemption so that it does not apply to lawsuits that have already been filed. A group of Republicans, led by Sens. Olympia Snowe (R-Maine), Susan Collins (R-Maine) and Lincoln Chaffee (R-R.I.), who voted against striking down the legislation after Republican leaders "promised to revisit" the provision this month, wanted to clarify language in the rider to allow parents to seek compensation, even if they are past the federal program's three-year statute of limitations (Kaiser Daily Health Policy Report, 1/9). The three senators, along with Senate Majority Leader Bill Frist (R-Tenn.), Sen. Judd Gregg (R-N.H.) and other party leaders, agreed to repeal the vaccine liability provision, which, if approved by the whole Senate, would allow "most, if not all" of the lawsuits brought against Eli Lilly to proceed. The agreement also calls for the Senate to vote "within six months" on a bill that would promote vaccine development and production, "while providing redress for those who have [incurred] vaccine-related injuries," the Post reports. The new language will be added to a "must-pass" omnibus spending bill for domestic programs that the full Senate is expected to consider this week. The senators said they expect the House to "go along" with the Senate provisions, the Post reports (Washington Post, 1/11).
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