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1) The legislation allows use of thimerosal in vaccines.

If the Secretary of Health and Human Services (HHS) designates that a vaccine is a "covered countermeasure" thimerosal (a mercury containing preservative) can be used in the vaccine, even if a state has enacted legislation banning or limiting the use of thimerosal (for example, California).

2) The legislation provides immunity for ALL drugs and vaccines.

The language contained in the legislation applies to any drug, vaccine, or biological product that the HHS Secretary deems a "covered countermeasure."  This list could include any commercial drug (e.g., Tylenol) and is not limited in any way to drugs or vaccines meant to treat a potential pandemic like avian flu.  The far-reaching nature of the bill was misrepresented in Congress and in much of the media, where the legislation was presented as primarily concerned with preparations to combat the avian flu. Since the HHS Secretary has described everything from obesity to diabetes to heart disease as epidemics, under the term of this legislation many drugs and vaccines would be covered, whether or not they relate to dangerous pandemics or bioterrorism. There is a serious potential for abuse of this provision by a government known to be "friendly" to the pharmaceutical industry.

3) Under the legislation immunity can be granted to drug companies at ANY time.

The immunity provisions of this bill are triggered if the HHS Secretary declares that a health condition causes a public health emergency or that some health condition could become an emergency at some point in the future.  There is nothing in the language of this legislation that requires an actual pandemic or health emergency to exist before the Secretary declares an emergency. 

4) The legislation gives drug companies immunity for harm caused by their misconduct.

The immunity conferred on drug and vaccine manufacturers applies no matter what the drug company did wrong.  Even if a drug company operates a dirty facility in which a batch of vaccines is contaminated, and that vaccine kills thousands of Americans, the drug company is immune from liability.

5) The legislation gives drug companies an unreasonable level of immunity.

The language explicitly protects drug companies, even if they can be shown to have acted recklessly or negligently.  An injured person's claim can go forward only if it is proven that the action was "willful" as to constitute criminal assault or murder.  Anything less than criminal conduct is protected!

Even if a drug company can be shown to be responsible for "willful misconduct,", the company is still immune unless the HHS Secretary or the Attorney General initiates an enforcement action and that action is pending at the time a claim is filed or the action resulted in some form of punishment.  So even if a drug company knowingly kills thousands of people, if no official enforcement action is taken, that company could still not be held accountable.

6) Vaccine safety is compromised by this bill.

The declared purpose of this legislation is to encourage rapid production of sufficient doses of vaccine to inoculate most of the United States population. The vaccine manufacturers and their cronies in Congress state that they would refuse to produce new vaccines, (e.g., avian flu vaccine), unless the legislation was enacted.

The legislation would permit new vaccines to be rushed to market despite risks that would otherwise cause a legally vulnerable manufacturer to exercise caution.  The tort system in America has historically been designed to discourage the use of risky products.  This legislation changes all that.

7)  The legislation is unconstitutional.

The legislation takes away the right to compensation, including the right to a jury trial, for persons injured by a covered vaccine. The legislation contains broad, unfettered delegation of legislative power to the executive branch of government in violation of fundamental principles contained in the U.S. Constitution and repeatedly affirmed by the U.S. Supreme Court.