NCJ Number
131631
Journal
Jurimetrics Volume: 31 Issue: 2 Dated: (Winter 1991) Pages: 187-203
Date Published
1991
Length
17 pages
Annotation
Aids is a tragic and devastating disease that may soon reach epidemic proportions, threatening the very social fabric of the United States.
Abstract
As has been the case with other infectious diseases like smallpox and polio, the only sure way to halt the rampant spread of AIDS may be a general vaccination program. However, in order to devise such a program, there must first be a vaccine to distribute. In light of this need, manufacturers must overcome the disincentives to making and marketing such a vaccine posed by products liability. To facilitate this process, it appears that the Federal government will have to take a staunch stand against the traditional State torts system. Whether through express preemption of strict liability, Federal recovery limitations imposed on State courts, a Federal purchase plan, or total governmental assumption of liability and distribution, something must be done to curb a system of liability that has already sent most manufacturers of lifesaving vaccines, as well as their insurers, fleeing. For the sake of the country itself, the President and the Congress must take a strong, perhaps revolutionary, Federal stand to ensure the uniform national viability of both an AIDS vaccine and its manufacturers. 103 notes (Publisher's abstract)