Bogus Anthrax 'State of Emergency' Protects Drugmakers, Not Public

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Not a single case of human anthrax has been reported in the United States this year, but the nation is now officially in a state of anthrax emergency. The emergency was declared earlier this month by the Department of Health and Human Services, and will last until 2015. Whether it will protect public health is debatable, but it will certainly protect makers of faulty anthrax vaccines.

Emergency exemption from legal liability is granted to vaccine manufacturers by the Public Readiness and Preparedness Act, passed in 2005 to protect against paralyzing lawsuits during outbreaks of anthrax, avian influenza or other potentially pandemic diseases.

The act is supposed to be invoked when the Secretary of Homeland Security has determined "that there is a domestic emergency, or a significant potential for a domestic emergency, involving a heightened risk of attack with a specified biological, chemical, radiological, or nuclear agent or agents."

But as Homeland Security chief Michael Chertoff explains in a letter to the DHHS, none of these conditions are met: there's neither emergency nor heightened risk of attack nor "credible information indicating an imminent threat of an attack." But that doesn't matter.

"These findings are not necessary to make a determination," Chertoff wrote. It's enough that anthrax was declared a threat four years ago, and that "were the government to determine in the future that there is a heightened risk of an anthrax attack ... that determination would almost certainly result in a domestic emergency."

In other words, there could be an emergency someday — so we might as well declare an emergency now.

Beyond the tortured logic, there's something not quite right about this. Could it have something to do with the fact that the federal government has spent nearly a billion dollars on anthrax vaccines of questionable efficacy and safety?

The CDC's vaccine committee meets next week to discuss anthrax vaccines. It will be interesting to see what they say.

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