Iowa lawmakers have proposed legislation prohibiting vaccines from being distributed, sold, or administered within the state unless the manufacturer waives “immunity from suit for an injury arising from a design defect of the vaccine, including the immunity granted by the federal National Childhood Vaccine Injury Act.”

A closer look:

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From Iowa Capital Dispatch:

An Iowa House subcommittee advanced a bill Wednesday that would prohibit vaccines from being distributed and administered in Iowa unless the vaccine manufacturer waives legal immunities.

Medical students, practitioners and advocates said the measure could prevent some vaccines from being available in Iowa, and could contribute to a rise in the spread of diseases like measles that can be prevented through vaccinations.

House File 712 would require vaccine manufacturers to affirmatively waive any immunity from suits over injuries arising from “a design defect of the vaccine,” including immunity granted by the federal National Childhood Vaccine Injury Act. The 1986 law established the National Vaccine Injury Compensation Program (VICP) as a way to provide no-fault compensation to individuals and families who were injured by childhood vaccines.

Supporters of the bill said the federal vaccine injury compensation program did not grant compensation to victims often and took years to make decisions. Sonya Swan, who supported the legislation, read a letter she said was from another Iowa family with a child who suffered a vaccine injury.

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“Vaccine adverse events are not rare and far too common, and no other industry enjoys the complete liability protection awarded to vaccine manufacturers,” Swan said, according to Iowa Capital Dispatch.

“When an injury occurs, families like mine — my friend’s — are left holding the bag financially to support and help their injured child with very little help,” she added.

Des Moines Register reports:

Campbell told reporters that the Vaccine Adverse Event Reporting System, a U.S. government program that gathers reports of side effects potentially caused by vaccines, “gets in the way of due process” for people who report possible vaccine-related injuries.

There is a process — separate from VAERS — to be compensated for potential vaccine-related injuries. The National Vaccine Injury Compensation Program allows anyone who believes they were injured from a vaccine to file a petition with the U.S. Court of Federal Claims.

This program was created in the 1980s, after lawsuits faced by vaccine companies and health care providers threatened to cause vaccine shortages and reduce U.S. vaccination rates, according to the Health Resources and Services Administration.

Some states are pushing restrictions on COVID-19 vaccines as President Donald Trump’s new “Make America Healthy Again” commission reviews certain vaccines for ties to chronic illnesses, including those using mRNA technology.

 

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