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Is the insurance aspect of producer liability valued by consumers? Liability changes and childhood vaccine consumption

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Abstract

Standard economic theory predicts that the forced tying of an insurance policy to the purchase of a risky product cannot be welfare enhancing. At best, such insurance is redundant due to cheaper methods of insuring against loss, and, at worst, such coverage is not demanded at all. Exploiting the change in the liability environment which occurred in the vaccine market in the early 1980s, this article seeks to identify the value that consumers place on the insurance component of producer liability. The principal finding is that the demand for immunization is not increased, and may have been reduced, by liability. This implies that consumers place no value on the insurance which they are forced to buy under this regime, leaving them worse off than they would have been without producer liability for vaccine injuries. The best estimate is that by 1985, the change in liability environment had reduced the number of children properly immunized with the DPT and polio vaccines by approximately 1 million.

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References

  • Calfee, John E., and Paul, H., Rubin. (1992). “Some Implications of Damage Payments for Nonpecuniary Losses,” Journal of Legal Studies 21 (June, 371–411.

    Google Scholar 

  • Cody, C.L., L.J., Baraff, J.D., Cherry, S.M., Marcy, C.R., Manclark. (1981). “Nature and Rates of Adverse Reactions Associated with DTP and DT Immunizations in Infants and Children,” Pediatrics 68, 650–660.

    Google Scholar 

  • Cook P.J., and D.A. Graham. “The Demand for Insurance and Protection: The Case of Irreplaceable Commodities,” Quartly Journal of Economics 91, 143–56.

  • David, A.B. (1986). “DPT: Drug Manufacturers' Liability in Vaccine Related Injuries,” Journal of Products Liability 9, 361–405.

    Google Scholar 

  • Epstein, R.A. (1980). Modern Products Liability Law. Westport, CT: Quorum Books. Epstein, R.A. (1985). “Products Liability as an Insurance Market,” Journal of Legal Studies 14, 645–670.

    Google Scholar 

  • Frech, H.E.III. (1994). “State Dependent Utility and the Tort System as Insurance: Strict Liability versus Negligence,” International Review of Law and Economics 14, 261–271.

    Google Scholar 

  • Friedman, David. (1982). “What is ‘Fair Compensation’ for Death or Injury,” International Review of Law and Economics 2, 81–93.

    Google Scholar 

  • Gaebler John W. Martin B. Kleiman, Morris L. French, Gordon Chastain, Charles Barrett, and Charles Griffin. “Neurologic Complications in Oral Polio Vaccine Recipients,” Journal of Pediatrics. 108, 878–881.

  • Garber, Steven. (1993). Products Liability and the Economics of Pharmaceuticals and Medical Devices. Santa Monica, CA: The Rand Corporation.

    Google Scholar 

  • Health Insurance Institute. (Various issues). Source of Health Insurance Data. Washington, D.C.

  • Hearst Corporation. (Various issues). American Druggist Blue Book. New York.

  • Hinman, Alan R. (1986). “DTP Vaccine Litigation,” American Journal of Diseases of Children 140 528–530.

    Google Scholar 

  • Hinman, Alan R. (1988). “DTP Vaccine Litigation Updata,” American Journal of Diseases of Children 142, 1275–1276.

    Google Scholar 

  • Hinman, Alan R. (1991). “What Will it Take to Fully Protect All American Children With Vaccines?” American Journal of Diseases of Children 145, 559–562.

    Google Scholar 

  • Kakalik, James S., and Nicholas M., Pace. (1986). Costs and Compensation Paid in Tort Litigation. Santa Monica, CA: The Rand Corporation.

    Google Scholar 

  • Kitch, Edmund W. (1958). “Vaccines and Product Liability: A Case of Contagious Litigation,” Regulation (May/June), 11–18.

  • Landes, W. M., and R. A., Posner. (1984). “Tort Law as a Regulatory Regime for Catastrophic Personal Injuries,” Journal of Legal Studies 13, 417–434.

    Google Scholar 

  • Landes, W. M., and R. A., Posner. The Economic Structure of Tort Law. (1987). Cambridge, MA: Harvard University Press.

    Google Scholar 

  • Manning, Richard L. (1994). “Changing Rules in Tort Law and the Market for Childhood Vaccines,” Journal of Law and Economics. 37 (April), 247–276.

    Google Scholar 

  • Medical Economics Co. (Various issues). Drug Topics Redbook. Oradell, NJ.

  • Miller, D. L., R., Alderslade, and E. M., Ross. (1982). “Whooping Cough and Whooping Cough Vaccine: The Risks and Benefits Debate,” Epidemiologic Reviews 4, 1–24.

    Google Scholar 

  • Moore, M., P., Katana, J. E., Kaplan, L. B., Schonberger, and M. H., Hatch. (1982). “Poliomyelitis in the United States, 1969–1981,” Journal of Infectious Diseases 146, 558–563.

    Google Scholar 

  • Posner, R. A. (1986). Economic Analysis of Law, 3d ed. Boston: Little Brown and Company.

    Google Scholar 

  • Rea, Samuel A. (1982). “Nonpecuniary Loss and Breach of Contract,” Journal of Legal Studies 11, 35–53.

    Google Scholar 

  • Rubin, Paul H. (1993). Tort Reform by Contract. Washington, D.C.: American Enterprise Institute.

    Google Scholar 

  • Rubin, Paul H. (1993). Tort Reform by Contract. Washington, D.C.: American Enterprise Institute.

    Google Scholar 

  • Schlesinger, H. (1984). “Optimal Insurance for Irreplaceable Commodities,” Journal of Risk and Insurance 51, 131–137.

    Google Scholar 

  • Shavell, S. (1982). “On Liability and Insurance,” Bell Journal of Economics 13, 120–132.

    Google Scholar 

  • Shioshansi, F. P. (1982). “Insurance for Irreplaceable Commodities,” Journal of Risk and Insurance 49, 309–320.

    Google Scholar 

  • Spence, M. (1977). “Consumer Misperceptions, Product Failure and Producer Liability,” Review of Economic Studies 44, 561–572.

    Google Scholar 

  • Stratton, K. R., C. J., Howe, and R. B., Johnston, eds. (1994). Adverse Events Associated with Childhood Vaccines: Evidence Bearing on Causality. Washington, D.C.: National Academy Press.

    Google Scholar 

  • U.S. Centers for Disease Control and Prevention. (Various issues). Morbidity and Mortality Weekly Report. Atlanta, GA.

  • U.S. Congress Office of Technology Assessment. (1979). A Review of Selected Federal Vaccine and Immunization Policies. Washington, D.C., September.

  • U.S. Congress. (1980). Compensation for Vaccine Related Injuries. Washington, D.C., November.

  • U.S. Senate. (1985). National Childhood Vaccine Injury Compensation Act of 1985: Hearings Before the Senate Subcommittee on Labor and Human Resources, 99th Cong. 1st Sess., 245.

  • U.S. Department of Commerce. (Various issues). Statistical Abstract of the United States. Washington, D.C.

  • Viscusi, W. Kip. (1990). “Do Smokers Underestimate Risks?” Journal of Political Economy 98, 1253–1269.

    Google Scholar 

  • Viscusi, W. Kip. Reforming Products Liability. (1991). Cambridge: Harvard University Press.

    Google Scholar 

  • Viscusi, W. Kip, and William N., Evans. (1990). “Utility Functions that Depend on Health Status: Estimates and Economic Implications,” American Economic Review 80, 353–374.

    Google Scholar 

  • Viscusi, W. Kip, and Michael J., Moore. (1987). “Workers' Compensation: Wage Effects, Benefit Inadequacies, and the Value of Health Losses,” Review of Economics and Statistics 69(2), 249–261.

    Google Scholar 

  • Wilson, Thomas, G., and James A. McKowen. (1988). “Federal Preemption in DPT Cases,” Trial (January), 59–64.

  • Zell, Elizabeth R. et al. (1994). “Low Vaccination Levels of US Preschool and School-age Children,” JAMA 271 (March 16) 833–839.

    Google Scholar 

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Manning, R.L. Is the insurance aspect of producer liability valued by consumers? Liability changes and childhood vaccine consumption. J Risk Uncertainty 13, 37–51 (1996). https://doi.org/10.1007/BF00055337

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