AIDS Vaccine Bill Survives Crucial Test

A bill providing incentives for private industry to speedily produce a vaccine against AIDS cleared a major hurdle Tuesday as the Assembly Judiciary Committee approved the legislation by a 6-1 vote.

The bill now moves to the Assembly’s Ways and Means Committee, whose chairman, John Vasconcellos (D-Santa Clara), authored the legislation.

Noting that three Californians a day are dying of acquired immune deficiency syndrome, Vasconcellos told members of the Judiciary Committee that the bill was “as important to the lives of Californians as any that you will consider during your tenure.”

Limits Liability

The bill limits the liability of manufacturers of a federally approved AIDS vaccine and establishes a state compensation fund for those injured by such a vaccine. It also earmarks $6 million for testing AIDS vaccines in humans and $20 million for the state to purchase 1 million doses once a vaccine is discovered and successfully tested.

The bill’s supporters include Dr. Jonas E. Salk, inventor of the first vaccine against polio, and such biotechnology companies as Genentech Inc. of South San Francisco and Chiron Corp. of Emeryville.

Although both companies have pursued research on an AIDS vaccine, they have argued that marketing such a vaccine would be too great a risk, given the current state of liability law.

Some Exemption

The bill’s most controversial provision would provide makers of federally approved AIDS vaccines with a limited exemption from the so-called “doctrine of strict liability.”

Under that doctrine, manufacturers--whether negligent or not--can be held liable for damages caused by their products. Companies would remain liable in cases involving negligence or willful misconduct.

The bill drew close scrutiny from the California Trial Lawyers Assn., whose members bring personal injury lawsuits. The association, which has considerable influence in the Judiciary Committee, forced several changes in the bill.

The only vote against the bill came from Maxine Waters (D-Los Angeles), who said she feared that “every other drug manufacturer will come before this committee” seeking similar treatment.

A Special Case

But Lloyd G. Connelly (D-Sacramento) argued that AIDS is a special case. He said “the bill strikes a proper balance” between the rights of vaccine manufacturers and those of people who might suffer unintended side effects from inoculation with an AIDS vaccine. “Nothing but AIDS would meet the bill’s standards,” he said.

Committee chairman Elihu M. Harris (D-Oakland) voted to move the bill forward after Vasconcellos agreed that it would return to the Judiciary Committee to smooth up syntax problems created by last-minute amendments. Such changes will not affect the bill’s substance.

“The relief of seeing this bill pass today helps to offset five years of frustration of standing by helplessly as my patients died,” said Dr. Marcus Conant, a San Francisco physician and chairman of the state Department of Health’s Task Force on AIDS.