Pandemic Vaccines — The Legal Landscape

Wendy E. Parmet, J.D.
NEJM Volume 362:1949-1952 -  May 27, 2010  Number 21

 Available online at: http://bit.ly/bG2q4V

“….Vaccines and vaccination law feature prominently in pandemic preparedness plans. The recent H1N1 influenza vaccine program provides an important opportunity to assess the complex and perhaps paradoxical effects of vaccine laws during a pandemic.

 

The vaccine market is fragile, prone to shortages of both supply and demand. These shortages have been attributed to such factors as the high costs and low profits of vaccine production, the public's failure to appreciate the importance of vaccination (due, ironically, to vaccines' success in reducing the prevalence of once-common diseases), fears about vaccine safety, and tort liability. In order to protect public health, law must address each of these concerns. Resolving one without exacerbating another is always challenging; during a pandemic, it can be especially difficult. …”

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