Responding to First Responders: A Proposal for a Smallpox Vaccine Injury Compensation Program

Abstract

In December 2002, President Bush announced a plan to provide smallpox vaccinations to first responders--individuals who would be on the front lines in the event of a biological attack. To date, the plan has been unsuccessful because many first responders are unsatisfied with the protections provided for adverse reactions. In particular, a new federal statute exempts manufacturers from liability and only permits negligence claims against the United States. Additionally, many states have not determined the scope of their workers' compensation coverage. As a result, there is a rising demand for a federal program to compensate for smallpox vaccine injuries. This Article analyzes three federal compensation programs and recommends a smallpox compensation program based on lessons from these programs. Finally, it outlines two new proposals by Representative Waxman and by the Department of Health and Human Services.