Evening star., 1955-05-15
OH-Agoin, On-Agoin Polio Rulings
Leave Vaccine Situation Confused
| Million Doses
Released After
Six-Duy Hiotus

After almost q weeks shutdown,
the polio vaccination program be-
gan slowly to move again last week.
The outlook was for completion OF
the program before the peak OF the
polio season in late summer.
The public still was largely in the
dark about what-if anything
went wrong with the program. Here
were some Of the questions being
asked last week, and their partial
answers:
o Is the vaccine safe?
DR.. Leonard A. Scheele. Surgeon
General of the United States Public
Health Service and the man-in-the-
middle in the whole vaccine con-
troversy, has always said the vac
cine Is safe-even when he closed
the program down temporarily for
rechecks. Statistics indicate the odds
of catching polio after shot OF the
vaccine have been about 10 in SIS
million.
But what caused those almost 10
cases? Most followed shots from one
company; Cutter Laboratories, an
old and respected drug firm. But
their testing methods conformed to
Government standards, and no di-
rect link between their, vaccine and
the polio cases has been found.
Rechecks of all vaccine were Or
dered a week ago, however.
The first laboratory to be studied
a.,Ixn p n
Detroit. A million-shot P-D batch
was then released for use on Friday.
DR.. Scheele said checks would be
completed in other laboratories in
quick sequence and more patches
would be cleared for use.
The polio season will be at
peak around August is to Septem-
ber Is. Almost all children in the
5-to-9-year age group are expected
to have had their first two shots by
then.
Meanwhile, there we're no an
nouncements of changes in manu-
featuring or testing techniqueS. APP
parently the only decision so far is
to give more thorough check, using
the old methods.
Q Who should control distribution
of the vaccine?
There was still concern on Capitol
Hill-mqstly among Democrats
over distribution of the vaccine.
Mrs. Oveta Culp Hobby, Secretary
of Health, Education and Welfare,
was criticized for failing to respond
to an invitation to appear before
House investigating committee, for
failing to take over the distribution
program Cor at least request power
to take it over) and for contributing
to the confusion surrounding the
program.
DR.. Scheele, however. told the
committee that new Federal controls
would be rather useless. A control
program could not be set up fast
enough, he said, to be effective be-
] fore the vaccine became plentiful
around the end of this year. He
thought the National Foundation for
Infantile Paralysis might be able to
do the job, however.
Several bills were introduced in
Congress specifying Federal controls.
There was no indication any would
pass.
o Who would be legally liable if
some vaccine is found to be harm
full:
So far no parent has sued the
Government, the Polio Foundation
or vaccine manufacturers for dam
ages in the vaccination program.
Persons connected with the program
don't even care to discuss the posi-
bility, but they indicate it is much
on their minds.
Here is what legal experts say
about liability:
l. The Manufacturer. He is the
most vulnerable. If anything goes
wrong in the manufacture of drug.
the maker can be sued. This would
be true despite the request" or
consent" forms signed by the par
ents in the polio program--unless
the forms in some area carried
complete release" of the maker
from all liability.
2. The Foundation. The vaccine
was developed and promoted under
auspices of the National Foundation
for Infantile Paralysis. So if the
vaccine should be proved harmful
under three important conditions
(a) if properly made. (b) if used
under typical situations, and (c) ii
the danger reasonably could have
been foreseen-then the Foundation
could be liable. 1t is extremely un-
likely that these conditions could be
met in the polio situation.
3. The Federal Government. The
Public Health Service or the Sur
geon General would also be hard to
sue. The Public Health Service
licensed the vaccine, but did SO
under a routine statute and so could
not be sued under the Federal Tort
Claims Act The only possibility
remote one-of successfully suing
the Surgeon General seems to lie
in the fact he only recommended
the vaccine program be halted, he
did not order 1t stopped. Perhaps
1t could be argued he failed in his
duty to make the halt mandatory.
4. The States. 1t is more difficult
to sue States. Some permit suits
against themselves only within mar
row limits. 1t is doubtful that any
parent could bring State health
unit into court. In Idaho, where
the most cases developed following
shots. suits against the State are
not possible without consent on the
part Of the State.
So even If the vaccine is proved
to be harmful. 1t is unlikely that
anyone but the manufacturer need
worry about a suit.
o why did some areas decline to
halt their vaccination programs?