H1N1 vaccine "hold harmless" clause?

[uppityperson]

I have read and heard that the vaccine has some sort of "hold harmless" clause but can't find wtf people are talking about beyond OMG! stuff. Does anyone know what this is, and is it the same as with seasonal flu vaccines?

It something about not being able to hold gvt responsible for issues with it, or some such. Nurse where I work said was not going to get vx after reading this and I'd like to counter with The Truth.

Thanks.

[TZ]

1. Sounds like complete bullshit

I know that there is a SPECIFIC government agency that takes reports of vaccine injuries and I think its them that pay out claims. Also people get info sheets on what the vaccine contains and possible side effects. They have to sign that they understand the risks and accept them I think. Its illegal to give someone a vaccine without them being informed, IIRC. Sounds like someone has deliberately distorted this. Any doctor and nurse who refuses this vaccine should have their rights to practice yanked IMMEDIATELY because they are DOING HARM by spreading illness.
Fucking loons are convinced that the vaccine is more dangerous than H1N1. How can any health professional not understand that this vaccine is tested as all influenza vaccines are? I can't believe they are spouting the "its too new to trust" idiocy

[uppityperson]

2. Refuses to get vx for self, NOT to give it. Is fine giving it. Here's more on "hold harmless"...

While I believe there may be one (nurse had it in the info given with vx) what I'm wondering is is this typical, usual, with other vaccines? I'm countering "omg it is rushed so fast so new..." with no, same vx as always but with a new virus as usual also.


All I can find is people talking about a hold harmless clause. I am looking for some info on if this is normal, usual, etc.

http://boards.medscape.com/forums?[e-mail]5r@.29f62859!comment=1

[TZ]

3. I have to be a member to see that

As far as I know it's the standard clause that is ALWAYS given to all vax. I'll look at my paperwork tomorrow and double check as I am scheduled for this vaccine next week. And I think the docs and nurses that don't get the vax for themselves ate doing harm by spreading it to the people who least afford to get sick. that violates do no harm in a passive typhoid Mary type way

[uppityperson]

4. Thanks for looking, I'd really appreciate it. I got this answer elsewhere...

nadinbrzezinski No, they put it in there as part of the National Health Emergency Declaration

it does not make me too happy, but I get it.

[TZ]

5. Nope. Nothing AT ALL in my consent form like that.

I think it would only be the case if it was a pandemic emergency. And right now, its basically voluntary.
I'll send you a copy of my consent form in your PM. Pretty standard.

[uppityperson]

6. got it, thanks. That's what I've seen also, the standard consent thing.

[uppityperson]

7. Found it, for those interested, links....

First I found this on CDC LAIV and shot vx consent forms...
http://www.cdc.gov/vaccines/pubs/vis/downloads/vis-laiv-h1n1.pdf

8 Vaccine injury compensation If you or your child has a reaction to the vaccine, your ability to sue is limited by law. However, a federal program has been created to help pay for the medical care and other specific expenses of certain persons who have a serious reaction to this vaccine. For more information about this program, call 1-888-275-4772 or visit the program’s website at: http://www.hrsa.gov/countermeasurescomp/default.htm.

If you can read through the below and find more relevant info, I'd appreciate it since legalese makes my head hurt. I put main webpage and then the legalese linked there.

Main webpage
http://www.hrsa.gov/countermeasurescomp/countermeasures.htm

http://edocket.access.gpo.gov/2009/E9-23844.htm

blah blah blah legalese blah blah blah
clip

V. Population (as Required by Section 319F-3(b)(2)(C) of the Act)

Section 319F-3(a)(4)(A) confers immunity to manufacturers and
distributors of the Covered Countermeasure, regardless of the defined
population.
Section 319F-3(a)(3)(C)(i) confers immunity to covered persons who
could be program planners or qualified persons with respect to the
Covered Countermeasure only if a member of the population specified in
the Declaration administers or uses the Covered Countermeasure and is
in or connected to the geographic location specified in this
Declaration, or the program planner or qualified person reasonably
could have believed that these conditions were met.
The populations specified in this Declaration are the following:
(1) All persons who use a Covered Countermeasure or to whom such a
Covered Countermeasure is administered as an Investigational New Drug
in a human clinical trial conducted directly by the Federal Government,
or pursuant to a contract, grant or cooperative agreement with the
Federal Government; (2) all persons who use a Covered Countermeasure or
to whom such a Countermeasure is administered in a pre-pandemic phase,
as defined below; and/or (3) all persons who use a Covered
Countermeasure, or to whom such a Covered Countermeasure is
administered in a pandemic phase, as defined below.

more legalses

[TZ]

8. This looks like the standard for any and all vaccines.

I think because vaccines are in the best interest of public health its been set up this way to deal with vaccine related injuries. To paranoid woos, it will sound like a cover up though.
I believe this is why they have something called "vaccine court".

[uppityperson]

9. It goes beyond that since they are declaring "public emergency". However, it is good to see

that there is a way to get compensated if you have a bad reaction.

Typically, seasonal influenza isn't "public emergency", but hini influenza has been declared one.

Still have trouble figuring out the jargonese, but it is holding manufacturers and givers of vx non-liable.

[TZ]

10. more like liability is transferred to the government I think.

Remember that little girl that had the "autism" that was found to be triggered by the vaccine by the vaccine court? I believe its the government compensating. In some ways, this is better..the government won't go out of business because of a lawsuit.

[uppityperson]

11. but OMG!!!!1111

I agree.