Editorial: Vaccines and accountability

Wednesday, Nov. 2, 2005 | 7:06 a.m.

The Bush administration is planning today to release a detailed proposal of its plan to thwart an avian flu pandemic. Scientists say the flu, now present in Asia and parts of Europe, could develop into a worldwide crisis if the virus causing it mutates into a form that makes people, and not just birds, contagious.

President Bush spoke Tuesday in general terms of his plan, most of which we believe is well thought out. The plan would provide funding for developing a new technology for producing vaccines. It would commit the country to a continued partnership with the World Health Organization. It calls for helping to fund the people and agencies in other countries who are now battling the virus. It would provide funding for states to develop emergency plans in the event of a pandemic. It also calls for manufacturing and stockpiling supplies of a flu vaccine that shows promise of being effective.

These points are all worthy of congressional approval. We do have reservations, however, about another point in Bush's plan. He is asking Congress to absolve the manufacturers of vaccines from all legal liability, meaning they couldn't be sued if people who took the vaccines died or suffered physical harm. We believe this aspect of the plan needs a hard look by Congress.

Is there really a good reason to remove accountability from manufacturers of drugs that are intended to safeguard the whole country, if not the whole world? We believe that a solid shield against legal action could lead to a lowering of safety standards by manufacturing executives, who will be under pressure to rush vaccines into production. If the manufacturers want protection from widespread bad outcomes, let them buy insurance.