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Global Security NewswireThe Health and Human Services Department early this month moved to shield government, industry and business officials from lawsuits filed by those who have received the anthrax vaccine.
Health and Human Services Secretary Michael Leavitt established legal immunity for public and private officials who oversee the production or distribution of the anthrax vaccine by declaring a "public health emergency" due to the risk of a bioterrorism attack. He said the emergency began on Oct. 1 and would run through Dec. 31, 2015.
U.S. law provides protection from lawsuits to individuals responsible for selected countermeasures, including antibiotics, during a declared emergency.
Under the Public Readiness and Emergency Preparedness Act, which President Bush signed into law in December 2005, a health and human services secretary's emergency declaration can limit financial risk for government program planners and the manufacturers or distributors of pharmaceutical countermeasures. One exception to this immunity would be willful misconduct on the part of covered individuals.
The ramifications, in this instance, could be to prevent individuals who have received one or more anthrax inoculation from taking grievances to court, based on claims that the vaccine caused severe adverse reactions or did not work.
The anthrax vaccine has proven particularly controversial following reports of serious adverse events, including some deaths, among U.S. recipients. In addition, there are some doubts about the vaccine's efficacy in protecting people from developing anthrax after breathing in spores during a biological attack.
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