BARDA also manages the Public Health Emergency Countermeasures Enterprise (PHEMCE). Such an approach might in itself be justified as a way of streamlining the process and making the whole more efficient, but the concerns about liability create an administrative view that protects the process and the companies and bureaucrats involved but makes protection of the public oddly secondary. One analyst notes that the effect would be to "undermine the public good by handing a blanket exemption from liability lawsuits to pharmaceutical companies engaged in biomedical security research. If a company working under BARDA were to injure or kill people through reckless testing or distribution of a vaccine, the injured parties would have no recourse to seek just compensation through the courts" (Develop a vaccine against official secrecy, 2005). The agencies seem to place money over safety in this sot of program.
References
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Brown, D. (2004, October 17). How U.S. Got Down to Two Makers of Flu Vaccine. Washington Post.
Develop a vaccine against official secrecy (2005). Roanoke.com, retrieved September 15, 2007 at http://www.roanoke.com/editorials/wb/wb/xp-39477.
Congress Set to Pass Law Eliminating Liability for Vaccine Injuries (2005). Retrieved September 15, 2007 at http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/10-19-2005/0004172810.
Mello, M.M. & Brennan, T.A. (2005, October 12). Legal Concerns and the Influenza Vaccine Shortage. JAMA. 294, 1820
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