The provision was inserted into the conference report by Senate Majority Leader Willliam Frist, R-Tenn., after House and Senate negotiators had already signed the report and announced its details to the public–something Roll Call reported Tuesday was without "any precedent" after searching the Congressional Research Service guides, Mr. Suggs said.

He noted that Sen. Frist also claimed vaccine manufacturers "would not produce vaccines without liability protections, even though multiple drug companies including Merck, Wyeth, Novartis and Sanofi Pasteur are investing in vaccine production at a rapid pace–without any liability protections."

Mr. Suggs said that "Sanofi Pasteur, for example, already accepted a $100 million contract from the federal government to produce avian flu vaccine. Ensuring that the American people are protected against a pandemic flu outbreak should be a top priority of the government."

He added that the best way to protect Americans "is to produce safe vaccines, not provide the big drug companies with special and unwarranted immunity. Eliminating the right of individuals to hold negligent drug companies accountable removes an important incentive for drug companies to make safe drugs–especially considering that some big drug companies have a track record of putting their profits before the health and safety of the public," Mr. Suggs said.