Legal Issues
Legal liability comes into play before and during a pandemic. During the 2004–2005 flu season, the United States experienced shortages of regular flu vaccine. Some 20–40,000 people die of influenza during a “regular” flu season. The limited supplies of vaccine that were available in the United States during the 2004–2005 flu season were dispensed on either a first-come-first-serve or lottery basis. Organizations were unwilling to determine that one person was “sicker” or more in need of the vaccine than someone else. Everyone was afraid if any kind of decision making system was employed that you would be sued by the family of the other person who died because they were not given the vaccine. This was so even in settings where the CDC gave physicians guidelines based on at least age and general types of illness to treat first. If a pandemic occurs, do you treat the old or the young? Who would you vaccinate and who would you treat with oseltamivir (Tamiflu)? Unless there are clear federal guidelines, organizations will revert to a lottery or first-come-first-serve basis to avoid potential liability.
United States
Pandemic Preparedness: The Need for a Public Health — Not a Law Enforcement/National Security — Approach (1/14/2008)
See also: Preparing the Justice System for a Pandemic Influenza and Other Public Health Emergencies from Bureau of Justice Assistance
- Resources
Example of state law (CT) enhancing response in a public health emergency. Many such state laws were passed c. 2003 partly in response to cases of inhalational anthrax.
- Public Health Emergency Response Act Becomes Law
General topics:
- Isolation and Quarantine
- Public Health Service Act
- Executive Orders
- PANDEMIC INFLUENZA - LEGAL ISSUES CONCERNING QUARANTINE AND ISOLATION from State of Florida 2007
- Bird flu raises employment questions Scoop, Oct 2005
- Bush suggests military-enforced quarantines for avian flu
CIDRAP. October 4 2005
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