February 6, 2003
WASHINGTON (AP) -- State health officials said Wednesday that
concerns over compensation for people injured by the smallpox vaccine
are hampering the inoculation program, which has vaccinated just a few
hundred people so far.
Federal authorities acknowledge the problem but still have no
solution.
Based on historic data, a small number of people vaccinated will face
serious injuries, and federal officials acknowledge they need a way to
offer compensation for lost wages and medical expenses. But officials
made clear they still lack a plan even as states are beginning to
inoculate smallpox response teams.
The only way people now can get reimbursed for expenses is through
the workers' compensation system, which federal officials say has many
holes.
"We're stepping up to the front lines to protect the public health.
We expect the federal government to come in there and support us," said
Dr. Leah Devlin, state medical director in North Carolina.
New York City plans to delay its program for months, partly due to
concerns about compensation, a federal official said.
Nebraska initially aimed to inoculate 3,000 people in the first
phase, but officials are now expecting a total closer to 1,700, said Dr.
Richard Raymond, the state's chief medical officer. The difference is
partly due to concerns about compensation, he said.
In Virginia, many hospitals are skeptical about the smallpox program
to start with, and the lack of compensation has made the problem worse,
said Lisa Kaplowitz, deputy commissioner for emergency preparedness and
response at the state's Health Department.
While smallpox was eradicated more than two decades ago, and the last
U.S. case was in 1949, experts fear it could be released again in an act
of bioterrorism.
To prepare for a potential attack, federal officials had hoped states
would vaccinate up to 500,000 people on smallpox response teams and in
hospital emergency rooms during the first phase of a preparation
program. In the second phase, they hope states will inoculate up to 10
million other people, including more health care workers and emergency
responders.
States have expressed a variety of concerns since President Bush
announced this policy in December. Many officials worry they do not have
enough money to run their vaccination programs. Some say they are still
not convinced that the risk of smallpox is great enough to risk the
vaccine.
"What if the federal government threw a vaccine party and nobody
came?" David Engelthaler, chief of the Arizona Department of Health
Services bioterrorism office, asked at a National Governors Association
bioterrorism session.
So far, 11 states and one city have vaccinated 432 people, said Joe
Henderson, bioterrorism chief at the Centers for Disease Control and
Prevention. Forty-three states and large cities have requested 368,700
doses of vaccine, and 221,700 doses have been shipped so far, he said.
Henderson acknowledged that the compensation issue was causing
significant concerns, but he tried to play down expectations for the
program.
"We feel it would be a success if no one received the vaccine but we
offered this opportunity to all the right people," he said.
Because the vaccine can cause serious injuries, Congress barred most
lawsuits against hospitals and others administering the shots. That left
people who are injured with little opportunity for compensation.
People who get inoculated because of their jobs may be eligible for
workers' compensation. But in most states, injured workers are not
reimbursed their full wages. In New York state, for instance, the
maximum compensation is two-thirds of their salaries, up to $400 per
week.
In North Carolina, some hospitals underwrite their own workers'
compensation programs, meaning they will bear the cost of any claims.
In Nebraska, state employees and workers at large hospitals are
covered by workers' compensation. But most small, rural hospitals are
covered by one plan that has said that it will not cover smallpox
vaccine injuries.
Federal officials agree that the issue must be resolved, but they
have yet to say how. One possibility is creating a compensation fund
modeled after one that helps people injured by other vaccines.
Health officials are working on cost estimates for a compensation
fund, Henderson said. "It's challenging because this is very much a
political issue."
Copyright 2003 The Associated Press. All rights reserved.