Congress Prepared to Make Vaccine Manufacturers Immune From Liability
On October 17, 2005, a Biodefense bill was presented in the U.S. Senate that would effectively shield all vaccine manufacturers from liability from injuries caused by defective or dangerous vaccines. Industry lobbyists routinely blame lawsuits and liability for vaccine shortages.
It looks like their wish may come true, but do not be fooled by the reasoning for it. Lawsuits have nothing to do with the high cost and occasional shortages of vaccines. The Journal of the American Medical Association (not exactly an outwardly friendly journal to attorneys) recently stated: "The historical record provides cause for skepticism that liability relief alone will prevent another flu vccine shortage…These shortages likely resulted primarily from factors other than litigation costs, as did the flu vaccine crisis."
The real reason drug companies shy away from making vaccines are due to a number of factors. Consider the following reasons excerpted from an article distributed by the Center for Justice and Democracy:
*The flu virus mutates easily, requiring new annual production. According to the Washington Post, "Generally, at least one strain each year undergoes so much mutation that it needs to be replaced by an 'updated' version in the next year's vaccine. Consequently, a new flu vaccine formula has to be drawn up each year."
*The industry uses old-fashioned, risky technology. The flu vaccine is made "by injecting virus into fertilized chicken eggs. … Each egg must be hand-inspected and hand-injected. One egg grows enough virus for 4 or 5 doses of vaccine. Millions are needed … They have some of the risk, time pressure and uncertainty of political races and military attacks."
*The market for flu vaccines faces uncertain supply and demand and a small profit margin. According to the Washington Post, "In 2001-02, 10 million doses were pitched. The next year (Wyeth's last) the number was 13 million. Last winter, despite a run on vaccine in an earlier-than-usual flu season, 4 million doses, out of 87 million made, were discarded.… The waste is particularly hard for vaccine makers to stomach because their profit margin is small.… Because much of the vaccine is bought in huge orders by government agencies, the price is low."
*The industry is about to radically change its production. As the Washington Post stated, "[N]obody wants to invest hundreds of millions of dollars and five-to-seven years in building an egg-based vaccine plant when the whole industry is on the verge of switching to a radically new way of making the product.… Sometime in the next decade, flu vaccine will start to be grown in cell cultures, not eggs. It is a technology far more clean, predictable and expandable than the egg-based way of old."