“The jury system works
almost perfectly — in
terms of resolving issues
of human behavior,” Offit says. But as he writes in The Cutter
Incident: How America’s First Polio Vaccine Led to the Growing
Vaccine Crisis, “The revolution in liability law — designedto coerce companies to make safer products by threatening financial
punishment — (has caused) companies to abandon safe
products vital to the nation’s health.”
Today, four companies (GlaxoSmithKline, Sanofi-Aventis,
Merck, and Wyeth) make vaccines. “Because fewer companies
make vaccines,” Offit writes, “limited supplies and scant reserves
are available to meet a crisis.”
Now, thanks to Penn’s project, Paul Offit and other physicians
are sitting at the same table with the lawyers and legal
scholars. And Offit is the first to extol the virtues of starting a
cross-disciplinary, cross-professional dialogue on this issue.
“This process is helping me to better understand how others
view these issues. Eric lays out his thinking, and everyone is
treated respectfully. Society is not well served if we fail to overcome
antagonistic relationships … and if we fail to help the public
distinguish between true risk and unproven claims of causal
links between a vaccine and injury.”