Justinian C. Lane, Esq.
Let Justice Be Done, Though the Heavens May Fall

Justinian Lane's Blog

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Lawsuits and the Flu Vaccine

I was running on a Precor at the gym a day or so ago, and they had on a news program that I suspect - due to the content - was a "fair and balanced" Fox News program.

On the show, they were discussing why the flu vaccine isn't available more widely. One of the men said that they only reason the flu vaccine isn't being made in large enough quantities is because the drug manufacturers are afraid of being sued, and we therefore need to eliminate their liability from injuries caused by the flu vaccine. Sadly, the man wasn't even smart enough to suggest that we "immunize" the manufacturers from lawsuits.

Anyway, liability has nothing to do with why more flu vaccines aren't being made. The big reason more vaccine isn't available is that it's a long, arduous, cumbersome process to manufacture the flu vaccine, and the vaccine has a very limited shelf life. Check out this article at Slate for more info.

Let's just assume for a moment that the lobbyist was correct, and manufacturers fear being sued. So what? Why should any manufacturer of any product be immune from liability if their product hurts or kills people? I could see giving limited immunity to recipients of vaccines that are donated by the pharmaceuticals, but as long as they want to make a buck, they should have the same liability of any other business in America.

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