Public Comment

All of us know from our political experience that the maldistribution of economic resources often coincides with the maldistribution of power. But it may be surprising to realize that this principle even applies to the vaccination of school age children. 

The California State Legislature is currently considering a bill to mandate vaccinations for children in public schools. There is considerable disagreement about this bill. Many parents believe that vaccine decisions should be made by the family. Others are persuaded that mandatory vaccination is necessary because it would save lives and minimize damage to the young. 

But no matter what our differences are, there is one very important issue that we all agree on --- that the Pharmaceuticals must be very careful and responsible to assure a safe product. However, the conduct of the drug companies often suggest that they are more concerned about protecting their own private interests regardless of the impact on the public. Unfortunately, the federal legislation that the industry lobbied for and achieved from Congress and President Reagan in 1986 is very worrisome. That year Congress approved and the President signed the National Childhood Vaccine Injury Act which shields the pharmaceutical manufacturers from libel suits. The Supreme Court in 2011 upheld that decision. Although using high sounding language, this legislation has deprived families of a very important source of leverage. 

Instead of allowing law suits against the pharmaceuticals, the legislation includes a no fault provision supported by a small tax on vaccines."No fault" guarantees that blaming corporations in a judicial proceeding is not legally admissible. But families who make a persuasive case can obtain a relatively modest settlement. Since no fault is legally assumed, the compensation is relatively small even if a family is successful. There is absolutely no adverse financial impact on the pharmaceutical industry. Moreover, two out of every three families who apply for compensation have their claims rejected. 

When the law was passed, Congress communicated to the Pharmaceutical industry how important it is to maintain high standards. But Congress failed to enact measures that would hold these companies accountable. Remember, Reagan ushered in a new era of deregulation. So the industry pretty much does what it wants with impunity The problem is that the lack of effective regulations is just a euphemism for no standards. So as things now stand, children and their families assume the entire risk. The pharmaceuticals assume none at all. Apparently, advocates for protecting the public could not overcome the combined power of government and the corporate sector. In no other major industry is the public deprived of the right to sue for damages caused by a faulty product. 

Although the pharmaceuticals assure us that their priority is to serve the public, many of us have serious doubts about the high minded motives of the industry. In fact, the financial health of the industry may not necessarily be healthy for those who depend on its products.