10 Mich. St. U. J. Med. & L. 469 (2006)
Combating Nature's Insurgency: Tamiflu and Vaccination in the Flight against Avian Influenza

handle is hein.journals/jmdl10 and id is 487 raw text is: COMBATING NATURE'S INSURGENCY: TAMIFLU AND
VACCINATION IN THE FIGHT AGAINST AVIAN INFLUENZA
N. Pieter M. O'Leary*
TABLE OF CONTENTS
INTRODUCTION   ................................................    469
I.   THE CURRENT AviAN INFLUENZA SITUATION     ................    472
II.  VACCINATION  .............................................    474
A. The History and Science of Vaccination ..................   474
B.   Problems Associated With Vaccination ..................  475
C.   Liability of Vaccine Manufacturers ......................  477
D. Current Research into a General Avian Influenza Vaccine ...  479
E.   Vaccinating  Poultry  ..................................  481
III.  TAMIFLU  . ...............................................   482
A.   W hat Is Tamniflu?  ....................................  483
B.   Licensing  of Tamiflu  .................................  485
IV.  RECOMMENDATIONS ......................................        487
A.   Emphasis on  Hygiene  ................................    487
B .  V accine  ............................................    488
C.   Licensing of Tamiflu  .................................  488
V.   CONCLUSION   .. ...........................................   489
INTRODUCTION
As avian influenza continues to spread from Asia to Europe and now to
Africa via migratory birds, world leaders,' public health organizations,2 and non-
government organizations3 are working to prepare for an inevitable pandemic
which may claim tens of millions of lives.4
* N. Pieter M. O'Leary received his Bachelor of Arts (B.A.) from Wilfrid Laurier University,
his Master of Arts (M.A.) from Pepperdine University, and his Juris Doctor (.D.) from the
California Western School of Law. The author wishes to thank Professor Bryan A. Lang,
Executive Director, Institute of Health Law Studies at CWSL, for his initial encouragement.
Further, he wishes to extend his thanks to Kathryn Caretti, as always, for her editorial suggestions.
He dedicates this article to his two younger brothers.
1. David Brown, President Requests Billions in Flu Plan, WASH. POST, Nov. 2, 2005, at A01;
Austrah'a Heos Indonesia Combat Bird Flu, THAI PRESS REPORTS, Oct. 11, 2005.
2. Elisabeth Rosenthal, Better Planning Neededfor Flu Drugs, Experts Say, N.Y. TIMES, Oct. 19,
2005. Sdence Friday: Avian Flu (NPR radio broadcast Oct. 14, 2005) [hereinafter Science Friday].
The host of the broadcast interviewed Dr. Osterholn who is the Director of the Center for
Infectious Disease Research and Policy and the Associate Director of the Department of
Homeland Security's National Center for Food Protection and Defense.
3. CARE, NEW AVIAN FLU RECOMMENDATIONS FROM CARE USA's ET (2005),
http://icarenews.care.org/programnews .html.
4. Some estimates indicate sixty million people could die if avian influenza developed into
a full-blown outbreak. Animaland Human Health-Sitting Ducks, 375 EcONOMIST, Apr. 16-22,2005,

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