Congress protects flu vaccine makers

WASHINGTON, Oct. 21 (UPI) -- Makers of flu vaccines will be partially shielded from lawsuits under a provision in the corporate tax cut law recently approved by Congress.

The provision was quietly added to the measure cleared by Congress earlier this month and still awaiting President Bush's approval. It would enact a Department of Health and Human Services recommendation from earlier this year that children between the ages of 6 months and 2 years old be vaccinated against influenza.

Anyone claiming to be injured by a flu vaccine can now apply for remuneration from an existing federal Vaccine Compensation Fund before bringing a lawsuit against the makers of the shot, but are not allowed to sue if they accept compensation.

Because the vaccine was added to the list of recommended vaccines for children, a 75 cent excise tax is imposed on doses of the medication to fund the program.

In related news, under competing fiscal 2005 budget measures, Congress would provide less money for flu readiness spending than $100 million requested by the Bush administration.

The Senate provides $75 million in its measure, while the House version of the bill provides $60 million.

However, congressional aides say that number is likely to be increased in light of the current flu vaccine shortage.