Lawmakers Weigh Preventing Drugmaker Suits

http://www.redorbit.com/news/health/306496/lawmakers_weigh_preventing_drugmaker_suits/index.html?source=r_health

Lawmakers Weigh Preventing Drugmaker Suits
By KEVIN FREKING

WASHINGTON - People injured by a vaccine against bird flu or anthrax would have to prove willful misconduct to bring a claim for damages against drug manufacturers or distributors, according to legislation being drafted behind the scenes by Republicans.

A 10-page draft of the legislation obtained by The Associated Press says it would be up to the Health and Human Services secretary to declare that such misconduct occurred. If that declaration is made, the case must be heard in federal court.

The measure, which would be included in a spending bill, would bar any punitive damages and limit awards for physical and emotional pain and suffering and other noneconomic damages to a maximum of $250,000.

The draft legislation was provided to the AP separately by two parties opposed to its provisions, who did not want to be identified.

An aide to Sen. Bill Frist, R-Tenn., confirmed the majority leader was looking to add the liability protections to a spending bill.

Amy Call said the legislation is important because "it would be a pity to appropriate $7.1 billion to purchase vaccines and antivirals but have no capacity to produce them."

She said Frist is seeking clearly defined standards for an industry that is already heavily regulated.

"We would only provide liability protection in a serious situation and for a set period of time and for a specific purpose," Call said. "The protection would only go into effect if the secretary makes a declaration that we are grave danger and the public is advised to take the product."

So take your shot, shut up and, if you must die, don't bother us with the details, mmkay?