Frist Places Immunity for Drug Companies Into Spending Legislation

People injured by a vaccien against bird flu or anthrax would have to prove willful misconduct to bring a claim for damages against drug manufacturers or distributors, according to legislation being drafted behind the scenes by Republicans.

A 10-page draft of the legislation obtained by The Associated Press says it would be up to the Health and Human Services secretary to declare that such misconduct occurred. If that declaration is made, the case must be heard in federal court.

The measure, which would be included in a spending bill, would bar any punitive damages and limit awards for physical and emotional pain and suffering and other noneconomic damages to a maximum of $250,000.

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FORCED TO WITHDRAW DRUG COMPANY IMMUNITY FROM 2002 HOMELAND SECURITY BILL AFTER OUTCRY

Under pressure to undo what they had done in secret, congressional Republicans agreed Friday to eliminate special-interest provisions in last year's homeland security bill, including language that would have protected pharmaceutical companies from lawsuits stemming from certain vaccines.

Under the agreement, drug manufacturers such as Eli Lilly no longer will enjoy limited liability for mercury-based vaccines that are the target of lawsuits by parents of autistic children.

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Discovery of these special provisions caused an uproar that almost sank the homeland security bill in November. Democrats and moderate Republicans threatened to vote against the bill if they weren't removed.

Republican leaders salvaged the bill as the final vote was under way, promising Republican Sens. Lincoln Chafee of Rhode Island and Olympia Snowe and Susan Collins of Maine that the offending language would be removed by this session of Congress.

"The 11th hour addition of these special-interest provisions in the homeland security bill was both egregious and unacceptable," Snowe said Friday. Collins called the agreement "a victory for fairness."

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