Iowa takes on Big Pharma: Bill challenges vaccine makers’ liability shield

• A subcommittee in the Iowa House of Representatives advanced House File 712, which would prohibit the sale and administration of vaccines in the state unless manufacturers waive certain liability protections granted under federal law. The bill specifically targets design defect claims, aiming to hold manufacturers accountable for injuries caused by inherently dangerous vaccine designs.
• The bill addresses concerns about the VICP, established under the 1986 National Childhood Vaccine Injury Act, which has compensated only 11,671 out of 24,602 claims over three decades. Critics argue the system inadequately serves the public and prioritizes corporate interests over accountability.
• The 2011 Supreme Court ruling in Bruesewitz v. Wyeth reinforced vaccine manufacturers’ immunity from design defect lawsuits, sparking criticism. Justice Sotomayor’s dissent highlighted the lack of incentives for manufacturers to improve vaccine designs, a concern echoed by advocates like Kim Mack Rosenberg of Children’s Health Defense.
• The bill reflects growing public skepticism toward vaccine mandates and liability protections, fueled by increased access to information and the COVID-19 pandemic. A 2022 Iowa poll showed only 34% support for mandatory school vaccinations, signaling a demand for greater accountability in the pharmaceutical industry.
• While supporters argue the bill would restore accountability and improve public trust, opponents warn it could lead to higher costs, reduced vaccine access, and unfounded injury claims. The bill has ignited a broader conversation about balancing corporate responsibility, public health, and individual rights, with potential implications for national vaccine policy.

In a bold move that could reshape the landscape of vaccine accountability, an Iowa House of Representatives subcommittee advanced a bill that would bar the sale and administration of vaccines in the state unless manufacturers waive some of the liability protections granted under federal law. House File 712, introduced by State Rep. Charley Thomson, aims to hold vaccine manufacturers accountable for injuries caused by design defects, a move that has sparked heated debate about corporate responsibility, public health, and individual rights.

The push for accountability

The bill targets a key issue: the liability shield that vaccine manufacturers have enjoyed since the 1986 National Childhood Vaccine Injury Act (NCVIA). This federal law established the National Vaccine Injury Compensation Program (VICP), a “no-fault” system designed to compensate individuals injured by vaccines while protecting manufacturers from costly lawsuits. However, critics argue that the system has failed to adequately serve the public, with only 11,671 out of 24,602 adjudicated claims resulting in compensation over the past three decades.

Rep. Thomson, a Republican from Charles City, explained his motivation for introducing the bill: “We don’t allow it for toaster ovens, for paint, for any one of 10 million different items that people buy in the United States, and we shouldn’t allow it for vaccines. If anything, we should maybe be a little more strict with things that are very complicated and are being put into people’s bodies and represented as safe and not poisonous.”

The bill specifically addresses design defect claims, which occur when a vaccine’s inherent design—rather than a flaw in its manufacturing or administration—makes it dangerous. Under current law, vaccine manufacturers are immune from such claims due to a 2011 Supreme Court decision, Bruesewitz v. Wyeth, which reinterpreted the NCVIA to grant blanket liability protection to pharmaceutical companies.

A broken system?

The Bruesewitz case has been a flashpoint for critics of the vaccine injury compensation system. The lawsuit was brought by the parents of Hannah Bruesewitz, who suffered seizures and developmental issues after receiving the DPT vaccine in 1992. After being denied compensation by the VICP, the family sued Wyeth (now Pfizer) in state court, only to have the Supreme Court rule in favor of the manufacturer.

In a scathing dissent, Justice Sonia Sotomayor, joined by Justice Ruth Bader Ginsburg, accused the majority of misinterpreting the NCVIA and prioritizing corporate interests over public health. Sotomayor wrote, “Manufacturers, given the lack of robust competition in the vaccine market, will often have little or no incentive to improve the designs of vaccines that are already generating significant profit margins.”

Kim Mack Rosenberg, General Counsel for Children’s Health Defense, echoed this sentiment, calling the Bruesewitz decision “devastating” for vaccine-injured individuals and their families. “Post-Bruesewitz, parties have very limited judicial remedies against the manufacturers,” she said. “This bill is important from an educational perspective as well. At a minimum, it focuses attention on the extraordinary liability protection enjoyed by vaccine manufacturers.”

Public sentiment shifts

The Iowa bill reflects a growing public demand for accountability in the pharmaceutical industry, particularly in the wake of the COVID-19 pandemic. Lindsay Mahar of Informed Choice Iowa noted that public support for vaccine mandates and liability protections has shifted significantly in recent years. “Social media and the internet have just really helped educate people, get other sources of information besides just what they’re told in the doctor’s office,” she said.

A 2022 Iowa poll found that only 34% of Iowans supported mandatory school vaccinations, underscoring the skepticism surrounding vaccine policies. Mahar added that while pharmaceutical companies and medical associations opposed the bill, it garnered significant public support. “If we could just restore accountability, the system would self-correct in a lot of ways,” she said.

Not everyone is on board with the proposed legislation. Critics argue that stripping vaccine manufacturers of liability protections could lead to higher costs, reduced access to vaccines and even a withdrawal of vaccines from the Iowa market. Jack Ohringer, a medical student at the University of Iowa, warned that the bill could “open the floodgates for unfounded vaccination injury claims,” ultimately harming public health.

A broader conversation

While the bill’s future remains uncertain, its introduction has already sparked a much-needed conversation about accountability, public health and individual rights. Rep. Thomson acknowledged the complexity of the issue, stating, “While vaccines are a tremendous medical advance, there has to be some control for toxic products that get into the stream of commerce. The federal system, pretty clearly, is not working right now. If there’s a state solution to a broken system on the federal level, let’s see if we can find it.”

As the debate continues, one thing is clear: the push for vaccine accountability is gaining momentum, and Iowa’s bold move could set the stage for a national reckoning with the pharmaceutical industry’s liability shield. Whether the bill becomes law or not, it has already succeeded in shining a light on a system that many believe is long overdue for reform.

Sources include:

ChildrensHealthDefense.gov

IowaCapitolDispatch.com

WHO13.com