Hutt, Peter BartonMillikin, Christopher2012-06-152003Responding to First Responders: A Proposal for a Smallpox Vaccine Injury Compensation Program (2003 Third Year Paper)http://nrs.harvard.edu/urn-3:HUL.InstRepos:8889461In 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.en-USFood and Drug Lawsmallpoxvaccine injuriesvaccination risksliabilityPaper (for course/seminar/workshop)2012-06-15