Sebelius Releases Guidance on Liability for H1N1 Vaccine 

On June 25, 2009 HHS Secretary Kathleen Sebelius issued a declaration under the Public Readiness and Emergency Preparedness Act for use of the H1N1 vaccines, providing immunity to physicians and other covered persons from lawsuits under State and Federal law with respect to claims (except for willful misconduct) arising from the administration or use of the vaccine.

The first available doses of the 2009 H1N1 influenza vaccine are expected by mid- October.  According to the Centers for Disease Control (CDC), the following people are considered high priority groups for initial vaccination:

  • Ages 6 months to 24 years;
  • Ages 25-64 years who are pregnant or who have certain medical conditions such as heart or lung disease, diabetes, weakened immune systems, blood disorders, neurologic or neuromuscular disease, and other illnesses;
  • Parents and caregivers of children less than 6 months of age;
  • Health care workers and emergency personnel.

The H1N1 vaccine is not intended to replace the seasonal flu vaccine. It is intended to be used alongside seasonal flu vaccine to protect people.  Seasonal flu and novel H1N1 vaccines may be administered on the same day.

According to the Department of Health and Human Services (HHS), it will take until Thanksgiving to fully immunize people against H1N1 because most will need to undergo two vaccinations. The first vaccine would be given in mid-October and the second would be given three weeks later.  To build up full immunity to the virus will take about two weeks.

According to the CDC Web site, the symptoms of the H1N1 virus include fever, sore throat, runny or stuffy nose, body aches, headache, chills and fatigue. Some people with the virus have reported diarrhea and vomiting.