Flu jab doctors could be sued

BY JULIE ROBOTHAM
Last updated 09:28 28/08/2009
UNSTOPPABLE VIRUS: Countries may need to close schools to slow the spread of swine flu, the WHO says.

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The Australian government's plan to immunise the population against swine flu is in chaos, because insurers may not cover doctors who administer the jab.

Inadequate testing and the possibility of spreading other infections means there is too high a risk patients will sue, the insurers say.

Despite weeks of crisis talks, the government has refused to underwrite doctors' liability for the vaccinations and medical groups say the programme - due to start as early as mid-September - cannot proceed unless doctors are insured.

The president of the Australian Medical Association, Andrew Pesce, said: ''The indemnity issue needs to be sorted out or else the vaccination program won't go ahead ... In the environment we're in, someone has to be held accountable for rare vaccine reactions that may occur ...

''If the Government decides there is a priority need to roll out the vaccine, then it has a duty to indemnify the doctors who provide it.''

A spokesman for the Royal Australian College of General Practitioners, Ronald McCoy, said the wrangling could undermine community confidence in the vaccine's safety. ''It's the public's health that's at risk here,'' he said.

The Australian Health Minister, Nicola Roxon, announced in May an order with vaccine supplier CSL for 21 million doses - enough to protect at least half the population from the flu strain. Analysts' estimates suggest that contract may be worth up to Aus$120 million.

But the insurers believe the distribution of the vaccine in multiple-dose vials exposes people to unnecessary risk of blood-borne infection from other recipients. As well, they believe the possibility of rare side-effects has been inadequately explored.

These issues, they say, will make it hard for doctors to advise people whether or not to have the injection, exposing them to patient complaints that they were not properly informed.

The chief executive of the Medical Indemnity Industry Association of Australia, Ellen Edmonds-Wilson, said it was up to individual insurers ''to make an assessment of the risk [from] the drug'', which she noted had not yet been approved by the Therapeutic Goods Administration.

Medical defence organisations MDA National Insurance and Avant Mutual Group said they were still considering whether to indemnify members who gave patients the vaccinations. Avant's general manager of claims, Lisa Clarke, said the entire industry was ''in ongoing discussions with the [health department] on the proposed roll-out.''

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A spokeswoman for the Medical Indemnity Protection Society, Elda Rebechi, said the company would cover doctors, but warned them to ''appropriately advise patients that the vaccine is untested and may have [currently] unknown consequences ... We do not know the risk [or] benefit of the vaccine versus contracting the disease.''

Other companies told the Herald they would insist on a federally funded doctors' insurance scheme.

But the head of clinical research at the National Centre for Immunisation Research and Surveillance at the University of Sydney, Robert Booy, said the insurers' arguments were superficial and ''unnecessarily inflammatory'', and proper training of clinicians would virtually eliminate infection risk.

Other doctors questioned the Government's commitment to multi-dose vials, saying they were ordered when experts feared a severe epidemic.

NSW emergency departments last week saw 203 patients with flu symptoms - down from 338 a week earlier, and a low number compared to regular flu seasons, NSW Health said on Thursday.

CSL's director of public affairs, Rachel David, said the company's clinical trials were designed to test how much vaccine would be needed to provoke an immune response, not its fundamental safety - which was the same as seasonal flu vaccine.

A spokeswoman for the Department of Health and Ageing said the Government would take delivery of 2 million vaccine doses by the end of August. ''These can be predeployed and stored in states and territories in preparation for an initial vaccine program'', when further CSL trial data was received, she said.

Ms Roxon has said immunisations could start by mid-September, but the spokeswoman emphasised the start date was not set. The program would focus first on health workers, pregnant women and people with chronic disease. Children would receive the shots later.

The department was ''discussing medical indemnity issues for immunisation providers with relevant stakeholders''.

- © Fairfax NZ News

12 comments
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General J.D.Ripper   #12   02:47 am Sep 06 2009

I have lived thru two major global flu pandemics -- one in 1957 which I caught and thought I was going to die and one in 1968-69 , which I caught and thought it was going to kill me . Also in 1980 I got an off season flu that made me extremely ill for weeks . No talk in either case of forced quarantines and inoculations , also society didn't collapse even tho millions died in '57 and 68' flu pandemics . In your areas -- go around to your old cemeteries and tell me if you see an increase in graves from 1918-19 during the Spanish Flu Pandemic . I have found none . But I had several relatives who went thru it and it made them very ill -- but that one was a killer and we made it thru that one but if the Vaccine manufacturers had not pulled the plug on the 1976 Swine Flu Vaccination program , that might not have been the case . Killed or crippled thousands , all for a flu that killed exactly one person -- so folks this has been tried before .

James   #11   06:16 pm Sep 02 2009

@Roger #10 So therefore I should not drive a car because it's you that Might be killed in the accident I Might have???? I find this logic a little narrow. Please broaden you mind a little. Please don't be so scared. I believe the article was about insurance??

Roger   #10   01:32 pm Sep 01 2009

@Hadleigh

You seem to have a rather minimised view of the flu.

This "mild" version (which I'm all in favor of catching now) still kills 3x as many people as the usual flu does.

If it converts the same way the 1918 flu did, it will kill several times that again.

There are two reasons you are likely to think the flu doesn't mean much.

One is that so many people are vaccinated, the full social effects of a pandemic are not seen. The primary risk is not really deaths from flu. It is deaths from the inability of your local supermarket to receive top ups to the 3 days of food they normally carry. The deaths from preventable conditions caused by the fact that almost all medical staff are out sick. The deaths from power outages because linesmen are not available ...

The other is, when was the last time you actually had a full blown case of the flu? Not what you thought was the flu, not a slight variation on a flu you've already been exposed to, but a full on case of the flu? The answer to that is probably MORE THAN 3 YEARS. And the reason for that is because other people get vaccinated.

Those who think not getting vaccinated (generally, not in this case, because the vaccine is not fully tested) is acceptable because of a comparatively low risk of side effects are essentially parasites benefiting from the efforts and care of others in doing so thereby reducing the risks to themselves, and correspondingly increasing the risks to others. As with the current measles epidemic.

You can think of vaccination as a variation of the prisoner dilemma, just as with taxes, rates, road rules, welfare, and the legal system.

It's a cost to you, and a benefit to society as a whole. In some cases, you come out ahead because you get to make use of the contributions of others, sometimes others make more use of your contributions.

You can make choices about any of those things, but you better be prepared to accept the costs either way, and you need to recognise that others will reserve the right to resent and take action against you whatever you choose.

Hadleigh   #9   11:58 pm Aug 28 2009

Suzanne, I personally know 3 people who got the seasonal flu jab and still got the flu, go figure. The point I was trying to make was to show how insignificant swine flu is compared to seasonal flu. The reason I did this was to highlight the amount of weight the media has put onto swine flu. We are bombarded with information about swine flu which is relatively minuscule compared to seasonal flu which we generally hear very little about.

I never attempt to argue someone's choice to get a vaccine but I suggest taking a step back before taking drugs just as you would any other drug.

I simply feel that the hype around swine flu is creating more fear around the illness than is really necessary.

Alain, in response to your comment, sure, why shouldn't doctors be held accountable for using products that are not adequately tested. If a builder used a new untested wood source and then your house fell down im pretty sure you would chase him down. Of course there can be waivers signed where people accept the risks but this ensures that people are at least informed of the risks. I think what it is trying to achieve is an industry that is driven by information and the ideal of wellbeing as opposed to pill pushing and promotion. I respect doctors very much but I fear that the industry is turning into a mess of prescription pads as opposed to the betterment of human health and wellbeing. Go to a GP and see if you leave with a prescription.

I think it is funny how drugs seem to be the first choice for making us "better". And lets face it - these are drugs. Not magical candy make me better lollies. They are drugs! We need to be more vigilant and selective in what we take.

All for free choice but try and make an informed choice and really do make sure it is free choice.

John   #8   06:29 pm Aug 28 2009

Vaccinations are all evil. They are intended to weaken the individual, and bring Government and Big Pharma fear and control of our lives. It never prevented diseases, in fact they bring more diseases like heart disease, lung cancer and obesity we see in society today. The total number of old people are dying is far more than in 19th Century! Doctors, scientists and health workers all secretly know that vaccinations don't work, but are paid to keep their mouth shut. Nearly all of them in the world are part of the biggest scam of the millenia. Small pox, flu, polio, measles, tetanus have decreased because of better sanitation. So don't vaccinate. Modern medicine is a hoax, and your doctor, nurse or scientist friend is deceiving you.

Realistic   #7   03:00 pm Aug 28 2009

@Suzanne #5

"people in their 40s"

What on earth?? How is that defined as an 'at risk group'?? Some 40 year olds are healthier than 20 year olds!!

Brook   #6   12:50 pm Aug 28 2009

I think its great that someone if finally pushing back on the government sponsored mass vaccinations. If they are anything like the vaccination programs that we have here - very heavy on sales and marketing but very light on factual information, a complete farse if they can't front up with facts, what are they trying to hide?

Suzanne   #5   12:34 pm Aug 28 2009

To be clear: The “unnecessary risk of blood-borne infection from other recipients” only happens if hypodermic needles are reused. That never happens in Australia, New Zealand, or any other first world country. The number of deaths from seasonal flu is so “low” (if you call 500,000 deaths low) because a huge percentage of people GET VACCINATED and don’t get the flu. An increasing number of people with H1N1 who die or have permanent disabilities are people with NO pre-existing conditions. The people most at risk are: young children, people in their 40s, and pregnant women. I suppose you aren’t in those groups Hadleigh #1? Stop fear-mongering and allow those of us who wish to protect ourselves and our families our right to do so.

Alain   #4   11:44 am Aug 28 2009

The adverse reactions, which are rare but do occur, cannot be predicted on an individual basis. Will it be you? Will it be me? Will it be little Johnny's school mate? Since every human is different, the reactions cannot be predicted. And yet... a doctor can be sued for the unforseen?

RB   #3   11:05 am Aug 28 2009

Alot of people seem to be judging this vaccine for not being tested 'well' the problem I see with that is that there are a huge number of other vaccines out there that have also been very poorly tested. Most parents seem to have no reserves about lining up their teen girls to get Gardasil or taking their tiny six week old baby to recieve the much debated Prevenar vaccine.


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