That's one thing neither the Pentagon nor Big Pharm is willing to do for our troops.
By Mark Leon Goldberg
Web Exclusive: 02.28.05
http://www.prospect.org/web/page.ww?section=root&name=ViewWeb&articleId=9267
Under a provision of “The Protecting America in the War on Terror Act 2005” (the likely legislative vehicle of BioShield II), introduced by Senator Judd Gregg in January, manufacturers of bioterrorism vaccines would be granted just that. Even if they make a faulty product, those manufacturers would be indemnified from punitive lawsuits. Except in extreme cases of fraud, someone injured by a poorly manufactured bioterrorism vaccine would not be able to collect anything more than $250,000 in compensatory damages.
Bioterrorism-vaccine manufacturers insist that liability protection is a crucial incentive. After all, every vaccine contains potentially dangerous organisms, and some recipients of any vaccine will experience adverse side effects, which can sometimes be quite severe. As it is now, the federal government often grants such protections on a case-by-case basis when it negotiates individual procurement contracts.
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