Tort Liability and Vaccine Manufacturers

Abstract

This paper has been written with future vaccines in mind. It is true, of course, that most vaccines currently available are extremely safe and not prohibitively expensive. For the few injuries caused by these vaccines, an insurance system paid for by their manufacturers might be feasible and reasonable. The small increase in a manufacturer's cost of doing business could be offset by a similarly small increase in the price of the particular vaccine. Disincentive to create new vaccines would be minimal. But vaccines of the future may only become this safe if government insures them during their earliest stages of development. In this light, a government-paid system may be a necessary bridge between the riskier and safer periods of a vaccine's life.