Frist bill further safeguards doctors from vaccine lawsuits

The legislation also would enhance the rights of children injured by vaccines.

By Joel B. Finkelstein, AMNews staff. April 28, 2003.

Washington -- Proposed reforms to the Vaccine Injury Compensation Program would close a loophole in what was supposed to be a no-fault law to protect physicians and vaccine manufacturers from lawsuits.

Physician groups credit the VICP with helping to turn around national immunization efforts that were beleaguered by vaccine shortages. Before the compensation program began, vaccine manufacturers complained that unfounded lawsuits were too costly, and physicians were worried about getting sued for administering mandated vaccines.

The 1986 law that created the program mandated that families of children with potentially vaccine-related disorders apply for compensation before filing a lawsuit. As a result, the number of vaccine-related lawsuits dropped dramatically.

"The program has been outstanding," said E. Stephen Edwards, MD, American Assn. of Pediatrics president. "It made a huge difference, having these liability protections."

But lawyers eventually found a loophole in the law that enabled them to sue when vaccines containing thimerasol were involved. They argued that it was not the vaccine that caused the problem, but the mercury-containing preservative, which was not explicitly covered under the law.

Senate Majority Leader Bill Frist, MD (R, Tenn.), has introduced a bill that, as part of overall reform of the compensation program, addresses this issue by clarifying that the law applies to the individual ingredients of vaccines.