|
The Cutter Incident: How America's First Polio Vaccine Led to the Growing Vaccine Crisis
M.D., Paul A. Offit
Yale University Press, 2005-10-10
Price: $27.50
Keywords: 20th Century, Administration Policy, Americas, History, Medical Ethics, Medicine, Physician Patient, Preventive Medicine, Public Health, Special Topics, United States
Reviews:
A Complete Non Sequitur
Quite fascinating
A very timely read as we consider the possibility of a worldwide flu pandemic
Excellent Book About an Important Case
Superb engaging book
|
The first 130 pages tells the compelling story of the development of the polio vaccine and how a batch of polio vaccine made by Cutter Laboratories actually gave people the disease it was designed to prevent. This section is followed by a forty-page analysis of the legal consequences of the Cutter incident that verges on incoherence. Here Offit seems to make the classic mistake of physicians who assume they are the leading authority in the room on all subjects. Somehow Offit believes that a fundamental injustice to the vaccine industry occurred when juries found that Cutter Laboratories was liable for the damage created by their product. In Offit's analysis, as long as the pharmaceutical company thought the vaccine was safe, injured people should have no legal recourse. It would seem obvious that shielding firms from liability creates exactly the kind of environment where Cutter-type incidents would breed.
This section is followed by a brief polemic, more of a rant, filled with factual errors, demanding the laundry list of political favors lusted after by the pharmaceutical industry. These demands go far beyond "tort reform," the pharmaceutical industry is calling for the repeal of basic constitutional rights and the undermining of basic principles of American law to suit the short-term profit needs of a generously campaign-donating industry.
While stating his academic and hospital associations, the book fails to disclose significant and relevant details of Offit's own financial and business dealings. In addition to being the leading vaccine promoter in the US, just google him, he is also a vaccine developer and business partner with Merck, GlaxoSmithKline and the Children's Hospital of Philadelphia, who collectively own a rotavirus vaccine that was recently overcame a major milestone to licensure.
In the late 90s a rotavirus vaccine, not Offit's, was approved by the Advisory Committee on Immunization Practices (ACIP), the federal board that decides which vaccines are added to the federal "recommended schedule." Offit already had his vaccine under development and he also happened to sit on the ACIP when the rotavirus vaccine was approved. This type of conflict of interest, which would probably be a felony in the securities industry is standard operating procedure in the vaccine industry. Approval by the ACIP usually guarantees that a vaccine will become mandatory to attend school in most states and provides an immense guaranteed market for any vaccine. It also assures that the vaccine will be extended full liability protection. Shortly after the rotavirus was introduced it was quickly discovered that it destroyed the intestines and killed a number of people. It was quickly withdrawn, yet another vaccine created epidemic.
The rotavirus incident, just like, Cutter, pointed out a basic fact of vaccine development, a sufficiently large sample to detect adverse reactions that may happen is small subset of people is almost never used, so the general public is used as guinea pigs on unproven vaccines. Interestingly, Offit mentions not a word about rotavirus in this book.
Offit would have all vaccine injuries relegated to the current vaccine courts. These courts were created in the late eighties to adjudicate injuries related to vaccines in the "recommended schedule" of shots. Offit ignores the complete breakdown of the federal vaccine courts. According to the federal government's own data there are tens of thousands of serious injuries, illnesses, disabilities and deaths directly caused by vaccines every year. Yet only a few hundred cases a year are ever decided by the vaccine courts and only a third are decided in favor of the injured party. Yet this is where Offit says all vaccine injury cases should be adjudicated.
This is necessary, advocates for the pharmaceutical companies like Offit, argue because out of control juries and trial lawyers have crippled the vaccine industry, and are responsible for the periodic shortages in vaccines. As proof Offit claims that there are only four vaccine manufacturers left. This is nonsense. First, there are more than ten manufacturers in the US alone making vaccines currently licensed by the FDA, just check their website. Second, consolidation of the vaccine industry into a few giant pharmaceutical behemoths is a worldwide phenomena occurring in countries where there is nothing like the American tort system. Most recently Aventis Pasteur and Sanofi merged to create a primarily French giant, and Swiss giant Novartis gobbled up Chiron, the manufacturer of the 48 million contaminated flu vaccines last season. It also can't explain why there are more than 300 different vaccines currently under development.
Further, vaccine manufacturers have had complete legal immunity in the US since 1988 when the vaccine courts were created. How can there be a tort crisis in an industry that cannot be sued? Name one other industry that faces no liability for defective products? And the cause for shortages has far more to do with the ineptitude of the bureaucrats at the CDC who determine vaccine production numbers than any mythical liability crisis.
All in all this is a fascinating book. I would think that vaccine rights advocates would be delighted with this book and the PR departments of the vaccine manufacturers are probably working overtime on damage control. How Offit could have concluded that this argument would help him and his allies achieve their political goals is a complete mystery.