Update:  Late December President Bush signed H.R.2863 into law. This bill, like S.1873 would have done, will limit liability for vaccine and drug manufacturers in times of public health or bioterror emergency. However, with the help of NHF members, and other opposing groups, further sections of S.1873 that the pro-pharmaceutical lobby had wanted to include in H.R.2863 were not included. For example, it did not include the creation of a new federal agency to coordinate, support and accelerate the production of vaccines and drugs for use as biodefense and pandemic countermeasures, and nor did it grant special tax breaks for drug companies.

Subsequently, on February 15, Congressional Democrats introduced legislation that would roll back some of the limited liability provisions of H.R.2863. A group of 21 US Senate and House Democrats led by Sen. Edward Kennedy (D-MA) have said that current provisions are too broad and could be abused by manufacturers to avoid liability. They also said provisions defined health emergencies too broadly and left injured people with no compensation.

H.R.2863 has three sections (divisions). Division C (i.e. section 3) of the bill is the Public Readiness and Emergency Preparedness Act. This division is based upon, and is an edited version of, the equivalent section of S.1873. On December 22, 2005, Congress approved the "Public Readiness and Emergency Preparedness Act" as part of the unrelated Defense Appropriations bill. The legislation was muscled through Congress in the dead of the night, in violation of Congressional Rules and without debate. Tucked away in the massive Defense spending bill was a section called "Division E", the "Public Readiness and Emergency Preparedness Act" which grants immunity to drug companies from liability for injuries caused by their products, if the Secretary of HHS declares that such products are "covered countermeasures."

Information on the Public Readiness and Emergency Preparedness Act http://www.cga.ct.gov/2006/rpt/2006-R-0060.htm 

Click this link for an overview of the Vaccine Liability Law Changes Proposed by the Democrats:

http://jurist.law.pitt.edu/paperchase/2006/02/vaccine-liability-law-changes-proposed.php

We therefore ask that you contact your Senators and demand the rolling back of the limited liability provisions for vaccine and drug manufacturers in H.R.2863.

Click here to view the actual legislative text of H.R.2863.

Senate Majority Leader Bill Frist (R-Tenn) is planning to add this bill, as an amendment, to the 2006 Department of Defense Appropriations conference report bill. This is one of two must pass bills pending in Congress. A Senate vote is expected before the Congress recesses for Christmas, around December 20th.

The letters of NHF members and other groups have had an impact on the expected passage of the Senate bill, S 1873, the Biodefense and Pandemic Vaccine and Drug Development Act of 2005. The NHF opposes this bill because it would provide pandemic flu vaccine makers with broad liability protections. It would prevent manufacturers from being sued unless willful misconduct is proven. The bill would also preclude the creation of a compensation fund for any injuries vaccine users may suffer.

A coalition of Democrats, led by Senators Edward Kennedy (D-MA) and Christopher Dodd (D-CT) are working to defeat the liability waiver. Groups are also targeting Senator Arlen Spector (R-PA). Senator Specter is key to defeating the bill because he is more likely, than any other Republican Senate conferees (a conferee is a member of the temporary Committee, which is a joint House and Senate committee with the responsibility to resolve differences between bills passed by the House and Senate), to oppose the Biodefense and Pandemic Vaccine bill on the Senate floor.

NHF member's letters in opposition to this bill are helping to have an impact on defeating this Senate bill. NHF members who previously e-mailed their Senators, should do so again, and are encouraged to send an opposition letter to Senator Spector. NHF members, who have yet to correspond with their Senators in opposition, are encouraged to do the same to help defeat this legislation.