Responding to First Responders: A Proposal for a Smallpox Vaccine Injury Compensation Program
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CitationResponding to First Responders: A Proposal for a Smallpox Vaccine Injury Compensation Program (2003 Third Year Paper)
AbstractIn 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.
Citable link to this pagehttp://nrs.harvard.edu/urn-3:HUL.InstRepos:8889461
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