Why The U.S. Should Trust The Covid-19 Vaccine

Why The U.S. Should Trust The Covid-19 Vaccine

 

You're looking at video of SandraLindsay, an intensive care nurse, receiving the first vaccination at LongIsland Jewish Medical Center in New York. The U.S. began vaccinating the population againstthe coronavirus in December of 2020. The goal is to get the Covidvaccine to every person in the U.S. who wants one. But survey data showsthat nearly 40% of the U.S. population doesn't want it. 

Widespread mistrust might have something todo with the fact that if anything goes wrong with the vaccine,the drug makers that produce them aren't responsible. This is a remarkable circumstance. It's certainly not like anythinganybody's ever seen before. That means that companies like Pfizerand Moderna have total immunity against lawsuits related to injuriesresulting from taking the Covid vaccines. Meanwhile, employers are legallyallowed to require employees to get immunized against the virus. Requiring a vaccine is a health andsafety work rule and employers can do that. Ultimately, if we want any chanceand returning to life is normal, mass vaccination is goingto be critical. 

So how do you convince the public totake a vaccine made in record time, using technology that's neverbefore been licensed? And is anyone to blameif something goes wrong? Frontrunners Pfizer and Moderna built theirCovid vaccines with a new kind of technology that's never beforebeen licensed in the U.S. Typically a vaccine puts a weakened orinactivated virus into our bodies to trigger an immune response. But the coronavirus vaccine relies onmessenger RNA, which contains a piece of genetic code withinstructions for our body. The mRNA tells our cellsto make a protein. The same protein that's a spikeon top of the actual Coronavirus. This is what triggers the immuneresponse to Covid-19, which then produces antibodies. Those antibodies are whatultimately protect us from getting infected if we everencounter the real thing. Both companies have said that takingtheir vaccines could result in side effects similar to mild covid symptomslike muscle pain, chills and a headache. 

Even those side effectsof the vaccine resemble Covid-19 symptoms, it's impossible to contractthe coronavirus from the vaccine because the mRNA vaccines that Pfizer andModerna are making don't use the live virus. I experienced stiffness pain inmy left arm where I had gotten the vaccine, but it was mild. The second dose was adifferent story for Batalvi. After the injection, I had thesame side effects as the first. So the localized pain, stiffness, therewas a little bit worse. More significant symptomspresented that evening. I had developed a low gradefever and stuff associated with that. So the fatigue had worsened. I had gotten chills. 

Other trial participants from both thePfizer and Moderna studies have reported similar issues afterthe second shot. One Pfizer trial participant told CNBC thatafter the booster shot, he woke up with chills, shaking sohard he cracked a tooth. For him, it hurt to evenjust lay in his bed sheet. But this kind ofreaction isn't the norm. Both of these vaccines are about 95%effective, but it's still unclear how long this protection lasts, which iswhat worries some doctors more than the potential for any sortof long-term side effects. There is a concern that oncethe initial response against the vaccine wanes, that we mightsee more disease. And that is why all thePhase 3 clinical trials against Covid continue to run, even afterdemonstrating the early efficacy. One major benefit of the mRNA technologyis how quickly it can be developed. And that is one of thereasons why the messenger RNA technology was sort of first in line rightafter knowing the virus' genetic sequence. But the Covid vaccine's faster manufacturingtimeline is part of what has been fueling widespread fear that it'sunsafe to get the shot. Experts, however, say the process wasno less rigorous than usual. A lot of the steps that would occurin sequence in the past, has been occurring in parallel during Covid, butthey were not eliminated in terms of determining the safetyof the vaccine.

 The FDA may have cleared thePfizer/BioNTech vaccine for emergency use. But mass adoption?It's not guaranteed. Roughly 4 in 10 Americans say theywould "definitely or probably not" get a vaccine. While this is lower than itwas two months ago, to achieve herd immunity, experts say that about 70%of the population needs to be vaccinated or havenatural antibodies. Central to closing the trust gapis a robust and reliable national education campaign. The Department of Health and Human Servicesis slated to spend $250 million in taxpayer money on this effort. But this push by the federal governmentto educate the public has been plagued by controversy. For everything from allegedly trying topoliticize the message, to concern over the lengthy delay and rollingout the targeted messaging that was promised. At least 15 states told NBCNews in early December, they weren't waiting for the HHS campaign. Instead, they launched their owncommunication campaigns to expedite the message. The private sector isalso playing a big role. It's everyone's responsibility. And what we do know is thatpharmacy and pharmacists are actually in everyone's community. We have pharmacists who are within 5miles of probably 90% of Americans. Really, pharmacists are up there as oneof the most trusted health care professionals. And the survey recently saidthat 3 of 4 Americans basically said they trust pharmaciststo administer their Covid-19 vaccine. Closing the Covid vaccinetrust gap will prove especially difficult in communities of color, whichhave been hit hardest by the pandemic. Black Americans, for example, aredying from Covid-19 it almost 3 times the rate ofWhite Americans in the U.S. That's part of why federal healthofficials have talked about giving priority access to the vaccineto people of color. But there is anoverwhelming resistance to inoculation. A survey released at the end of November2020, found that only 14% of Black Americans "mostly or completely trust" a Covidvaccine will be safe and 18 % trust that it will be effectivein shielding them from the Coronavirus. We've had continued mistrust because ofpeople who have been frankly abused within the health care system. Not treated respectfully, not approachinga culturally competent manner, denied access to care. Experts say the memory of theTuskegee Syphilis Experiment has also fueled suspicion. For 40 years, startingin 1932, the U.S. Public Health Service used Black men toconduct a study of the progression of the lethal Syphilis disease. And because of racism, overt racismand even microinsults that have occurred to people of colorin the health system. You know, people developeda degree of mistrust. Combating this narrative may takea more targeted approach. 

The National Medical Association, of whichBenjamin is a member, is convening a group of Black doctors foran expert task force that will independently assess the safety andefficacy of Covid-19 vaccines. We know that patients trust their doctors,and many of the surveys have shown that if their physician recommends it,they are much more likely to take the vaccine. If you suffersevere side effects after getting the vaccine, there's basically no oneto blame in a U.S. court of law. Takethe vaccine makers. Health and Human Services Secretary AlexAzar invoked the Public Readiness and Emergency Preparedness Act in Februaryof 2020, which protects the makers of Covid products such asvaccines and treatments from legal action. This protectionlasts until 2024. Essentially, in order to encourage companiesto get into the space, to develop vaccines for the good ofthe public, for public health. The government comes up with aprogram which immunizes those companies from liability for any injuries ordamages caused by taking the vaccine. That means for the next four years,companies like Pfizer and Moderna can't be sued for money damages incourt over injuries related to the administration or use of products totreat or protect against Covid-19. But drug makers, like Pfizer, continueto reassure the public no shortcuts were taken. This vaccine is gettingapproved by all authorities in the world, so that shouldsay something to them. Pfizer and Moderna did not return CNBC'srequest for comment on their legal protections. But remember, it was theFDA that actually cleared the vaccine for use. So does the federalgovernment bear any responsibility? You can't sue the FDA for approvingor disapproving a drug, that's part of its sovereign immunity. Sovereign immunity traces back toBritish law before the American Revolution. You couldn'tsue the king. The U.S. adopted that same principle. 

There are limited exceptions, but legalexperts say they don't provide a viable legal path to hold thegovernment responsible for a Covid vaccine injury. And the workplace now introducesa unique set of legal challenges related to the vaccine. Once the FDA upgrades its emergency authorizationto a full approval in a few months from now, there'sspeculation that employers could require staff to get inoculated. The clients of mine that are mostinterested in making a mandatory vaccine a condition of employment are brick andmortar operations that have a lot of foot traffic from their customers. They view it as a selling point. Look, you can come to our businesslocation and it's safe because all employees have been vaccinated. That's particularly important for restaurants,bars, gyms and salons. While this is in part a PR tactic,it is also legally within an employer's rights to roll outthis kind of requirement. Requiring a vaccine is a health andsafety work rule and employers can do that. Now, some employees could applyto be exempt from a blanket requirement. If a workforce isunionized, the collective bargaining agreement may require negotiating withthe union before mandating a vaccine. Anti-Discrimination laws also providesome protections, but legal experts say that if an employee is forcedto get a vaccine and suffers a debilitating injury from it, claimswould be routed through workers compensation programs and treated asan on the job injury. So if you're looking for accountability,you're probably going to have to use other accountability toolsbeside the court. If you're looking for compensation,you should use a government compensation program. 

The NationalVaccine Injury Compensation Program, better known by the name "Vaccine Court",is relatively easy to use and generous in terms of what it's willingto pay out to those who are eligible. But because the Covid vaccinehas not yet been recommended for routine administration to pregnant womenor children, it doesn't qualify. Another program, and the only real poolof cash available to those harmed by the Covid vaccine is afund attached to the PREP Act. The so-called Countermeasures Injury CompensationProgram has been around for a decade, but experts specializing invaccine law say it's a lot more difficult to navigate. The problem with the PREP Act isthat it's attached to a government compensation program that's very hard touse, where the bar for compensation is very high. Since the program began 10 years ago,the CICP has only compensated 29 claims, totaling morethan $6 million. If a case for compensation throughthe CICP is successful however, the program provides up to $50,000/year forreimbursed lost wages and any out-of-pocket medical expenses. It won't cover legal fees nor anythingto compensate for pain and or suffering. It's also capped at thedeath benefit of $370,376, which is the most that a surviving family memberreceives in the event that a Covid vaccine proves to be fatal. There's also a strict one year statute,meaning that all claims have to be filed within 12 monthsof getting the vaccine. People who are harmed by Covid-19vaccine deserve to be compensated. Compensated fast and generously. The PREP Act doesn't do that. The HRSA declined CNBC'srequest for an interview. Reiss says the best fix is tochange the rulebook of the National Vaccine Injury Compensation Program. An easy solution is to say: "Anyoneharmed by the Covid-19 vaccine is compensated under that program. But that willrequire legislative change. Should that legislative change happen, lawyerstell CNBC that there usually is a retroactive provision once a newvaccine is added to the VICP. That would be good news for thoseinjured by the Covid vaccine, who would then have access to a much larger poolof cash that has a better track record for rewarding compensation. But for now, it remains to beseen whether Congress will actually make the change, meaning that compensationoptions are limited. I'm hoping people don't look at this andsay: "Heck, I'm limited in what I can recover in the event of a seriousinjury or the event of any injury. So I'm not going to take itor it's not overreaching by the government whatsoever. It's the government doing whatit should be doing, which is protecting the publichealth, generally. 

Created by fazeel ahmed