US government issues tort protection for bird flu vacc

The US federal government has awarded drugmakers immunity from product-liability law suits for vaccines or drugs developed in connection with a possible avian influenza pandemic. The action was taken via a 2005 law, which allows the Department of Health and Human Services to grant vaccine manufacturers indemnity in the event of a public health risk.

A spokesman for the DHHS told the Wall Street Journal that the decision was a precautionary step and "allows us to remove the remaining barrier to building up our domestic capacity to manufacturers of vaccines in a flu pandemic."

Trial lawyers bitterly opposed the measure, which was attached to a defense appropriations bill, describing it as a "giveaway" to drugmakers. However, concerns over possible delays to the development and distribution of drugs and vaccines for use in a pandemic or a bioterrorism incident won the day.