What tort claims are prevented by the H1N1 vaccine declaration?
The declaration prevents tort liability claims under U.S. Federal law and State law (except for willful misconduct) for losses caused by, arising out of, relating to, or resulting from administration or use by any individual of the vaccine, including any claim with a causal relationship to any stage of development, distribution, dispensing, prescribing, administration or use of the vaccine. Types of loss include death; physical, mental, or emotional injury, illness, disability or condition; fear of physical, mental, or emotional injury illness, disability, or condition, including any need for medical monitoring; and loss of or damage to property, including business interruption. In addition, by defining “administration” to include “delivery, distribution, and dispensing activities… and management and operation of distribution and dispensing locations” the H1N1 vaccine declaration clarifies that “slip and fall” types of claims are also covered, not just injuries and illnesses arising
