The National Childhood Vaccine Act

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The National Childhood Vaccine Act

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dc.contributor.advisor Hutt, Peter Barton en_US
dc.contributor.author Sheft, Mark A. en_US
dc.date.accessioned 2012-06-07T20:16:12Z
dc.date.issued 1994 en_US
dc.identifier.citation The National Childhood Vaccine Act (1994 Third Year Paper) en
dc.identifier.uri http://nrs.harvard.edu/urn-3:HUL.InstRepos:8852138
dc.description.abstract Prior to passage of the National Childhood Vaccine Act in November 1986, manufacturers could be held strictly liable in tort for vaccine-related injuries, a lamentable situation which allegedly caused increasing prices, discontinuation of childhood vaccine production, and a reduction in vaccine innovation.2 To solve this "liability crisis"--which industry officials, legal commentators, and policymakers contended had plagued the vaccine industry since the late 1960s--Congress enacted a law which eschews state tort law as a compensatory mechanism, and instead shifts the product liability burden from manufacturers to a public National Vaccine Injury Compensation Fund. While this innovation fairly compensates the innocent victims of our compulsory vaccination laws, it assumed that the opponents of strict liability had correctly explained why vaccines were being removed from the market; if this assumption was erroneous, the pre-existing manufacturer tort liability regime should have been left intact, thereby preserving market incentives for investment in product innovation and additional safety. en
dc.language.iso en_US en
dash.license LAA en_US
dc.subject Food and Drug Law en
dc.subject National Childhood Vaccine Act en
dc.subject mandatory vaccination en
dc.subject liability en
dc.title The National Childhood Vaccine Act en
dc.type Paper (for course/seminar/workshop) en_US
dc.date.available 2012-06-07T20:16:12Z

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