Nielsen's ra(n)tings

Politics, guns, homeschooling for the gifted, scuba, hunting, farming and somewhat coherent occasional ranting from your average Buckeye State journalist/dad/farmer/actor.

Monday, November 21, 2005

There is no problem so bad it can not be made worse by lawyers

The bird flu is pretty bad stuff.

If it succeeds in mutating to pass from birds to human and then from human to human, we're going to have a real problem. Starting from a population-rich center like China, the flu will have a huge pool of infectees to burn through before we can bring in under control. Wholesale vaccination will be our firewall against the potential threat.

But not if the lawyers have their way. According to an article in Thursday's Washington Post, the trial lawyers and their Democrat allies are fighting against provisions in a bird flu defense bill that would indemnify vaccine makers against lawsuits arising from their manufacture and administration of the bird flu vaccine. Sen. Ted Kennedy, corpulent champion of the little guy and well-known lifeguard, noted "it's cynical to claim that this is what's needed to deal with avian flu."

Perhaps Sen. Kennedy can explain why vaccines are no longer produced in quantity in the United States? Can anyone say low profit margin and huge liability concerns? I knew you could!

A vaccine is something which is given to everyone, but typically only in one series. Thus, since everyone takes the vaccine, government has an interest in seeing that the price remains low (leading to low profit margins.) There is no continuing usage. And since vaccines are somewhat dangerous to produce and administer, America's rabid lawsuit culture makes this country the last place on Earth for vaccine companies to flourish.

So 20 people per million will have a bad outcome from the polio vaccine? "Those vaccine companies KNEW, and yet they continued," the trial lawyers shout. In their perfect world, humans are like cars - with clearcut problems and solutions. There exists the perfect solution for each health problem, their paid experts will testify, and all bad outcomes can be traced to malpractice on the part of physicians or drug companies (one might cynically observe that this is because they have the deep pockets.)

I've got news for them: Despite the bit in our Declaration of Independence about all men being created equal, there's a lot of variation in the human beast; And what works for one member of our varied species, may kill another member.

Now I'm sorry if I'm suggesting the welfare line for thousands of trial lawyers, but their livelihood is costing this country dearly. Fear of lawsuits causes physicians to routinely overtest, over admit and over monitor patients. How much would be saved by ordering the tests, admissions and office visits which are warranted, and omitting those done in the interest of CYA? Goodbye Medicare problems, hello budget surplus!

So now companies are loathe to produce something in the U.S. which may save the lives of millions, but produce bad outcomes in a few. And the trial lawyers are there beating upon their breasts and tearing their hair out in sympathy for the plight of the potentially-downtrodden with their dual treasure troves of billable hours and huge settlements.

Here's a wakeup call: Not every medication will work for every person, in the same way, every time. It's time to pull the parasitic trial lawyers from the vaccine companies and let the companies do their best to safeguard America from the threat of the Bird Flu and subsequent dangers. Put on your big boy pants, legislators, and stay the course in the face of these lawyerly theatrics...don't help them pull America down.

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