The National Childhood Vaccine Act

The National Childhood Vaccine Act

DSpace/Manakin Repository

The National Childhood Vaccine Act

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