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4.0 out of 5 stars
A real problem and a contentious solution, October 31, 2006
This review is from: The Cutter Incident: How America's First Polio Vaccine Led to the Growing Vaccine Crisis (Hardcover)
There's a lot of noise about vaccines today, what with bird flu and who knows what over the horizon, but nothing compared with 50 years ago, when the Salk polio vaccine was introduced.
People younger than about 60 years old can hardly imagine the fear that gripped American parents every summer then. The shadow of the iron lung was far more terrifying than the shadow of the atomic bomb.
Salk vaccine worked and, under proper controls, was safe.
But controls were not proper, and vaccine made by Cutter Laboratories killed 10 people and paralyzed a few hundred more. At least several hundred thousand Americans were exposed to live polio virus. More did not become severely ill because fewer than one percent of people exposed to wild virus show symptoms.
Physician Paul Offit, a vaccine researcher and pediatrician in Philadelphia, says the "Cutter Incident" was more than just a forgotten medical mishap.
The net Offit casts brings back an amazing variety of things: research on aborted fetuses, Eddie Cantor and Nancy Reagan, Nobel Prizes and presidential politics, irresponsible journalists, backstabbing researchers.
Offit, a skilled expository writer, packs a lot of information into the first 130 pages to set up his current concern: That the fallout from Cutter Laboratories' bad vaccine led to legal precedents that continue to endanger lives today.
In other words, Offit has reached back half a century to find a hook on which to hang a plea for tort "reform."
Tort reform is a swamp with only a narrow causeway through it.
On the left hand lie the plaintiffs' lawyers, greedy, sensationalist and underhanded, as exemplified by the Milli Vanilli raid. On the right hand lie the corporate lawyers, who want their employers to enjoy all the benefits of legal personhood without any of the responsibility that flesh-and-blood persons bear.
However, it gets complicated.
For every flimflamming plaintiff's lawyer, there's a hard-fighting advocate who puts up his own money (in one case I know of, by taking out a second mortgage on his home) to get justified satisfaction for a penniless victim.
And for every Wall Street Journal editorial writer whose idea of reform is "loser pays" -- that is, the rich buy verdicts -- there's a corporation ruined by lies flogged by "consumer rights activists" -- Bendectin, for example, a safe drug no longer available to pregnant women.
Offit's proposal, not new but not catching on either, is for "drug courts," expert tribunals .
Instead of juries, his courts would have specially trained judges who could call on court-paid, neutral experts to assist judges to rule up or down on a vaccine's safety.
It is inevitable that when tens of millions are treated, some persons receiving even safe vaccines will have medical disasters, and it is not always easy to prove whether the vaccine was involved or not. In Offit's plan, a fund would compensate the authentically injured without necessarily affixing blame.
It would be not unlike no-fault auto insurance, although even closer to an existing federal National Vaccine Injury Compensation Program.
Offit believes it could recompense the injured (or merely unlucky) fairly while heading off frivolous lawsuits and encouraging pharmaceutical manufacturers to press on with research in risky, less lucrative areas of medicine.
Certainly Offit is on firm ground when he pleads to get decisions out of the hands of citizen jurors. If polls of Americans' beliefs and backgrounds are reliable, then on the typical jury of 12 persons, there are two or three who believe that disease is caused by demons, and not even one with any detailed knowledge about what viruses are or vaccines do.
As a result, we have got what Offit calls "a court system that functions as a national lottery for health care."
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