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U.S. HOUSE PASSES SMALLPOX COMPENSATION PLAN

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By Thomas Ferraro

WASHINGTON, April 11 (Reuters) - The White House and congressional leaders struck a deal on Friday to compensate any health worker, police officer or other "first responder" harmed by an anti-terrorism smallpox immunization program.

The U.S. House of Representatives promptly approved the measure on a voice vote. The Senate was expected to concur quickly and send it to President George W. Bush to sign into law.

The bill seeks to ease widespread concerns by first responders wary of volunteering for an inoculation they will need to provide care to smallpox victims, should the virus be unleashed in a biological attack. Many have decided not to take the risk.

Under the bipartisan measure, a no-fault compensation fund would be established to help the anticipated tiny percentage of first responders who get an adverse reaction.

Those permanently and totally disabled could get up to $50,000 a year until they reach retirement age and transfer to a regular retirement plan. Those less injured could get the same annual benefit, but with a lifetime maximum of $262,000.

For those killed, the surviving spouse would get a lump-sum payment of $262,000. A surviving spouse with children could choose between this payment or up to $50,000 annually until the children turn 18.

Those dissatisfied with their award could sue under the Federal Tort Claims Act. Lawmakers have set aside about $42 million to initially finance the compensation fund.

The immunization program began slowly in January amid concerns about side effects, which include possible blindness, a scarring rash and brain inflammation. About 31,000 health workers have been vaccinated, far short of the 450,000 eligible.

Smallpox, which kills about 30 percent of the people it infects, was declared eradicated in 1980. But officials fear the virus could be unleashed in a terrorist attack. The vaccine in the past caused up to two deaths and 52 serious side effects per million people.

AGREEMENT WELCOMED

Sen. Edward Kennedy, a Massachusetts Democrat and a key figure in reaching the accord, said, "Today's bipartisan agreement removes the major cause of breakdown in the administration's vaccination program."

A tentative accord was effectively reached on late Thursday between Kennedy and the White House, with an agreement on the language completed shortly before dawn on Friday, aides said.

The nation's largest health care workers' union, which had been urging its members not to get vaccinated until there was a compensation plan, quickly endorsed the program.

"Elected leaders from both political parties worked together to solve one of the major problems with the smallpox vaccination program," said Andrew Stern, president of the 1.5-million member Service Employees International Union.

The American Public Health Association also welcomed the plan.

At the White House, spokesman Scott McClellan said, "We believe it's important to have a compensation program in place for those health care professionals and emergency response team members who voluntarily answer the call make sure the American people are better protected."

Lawmakers and the administration have long agreed that a federal compensation plan was needed to encourage more health workers to volunteer to be vaccinated. But they needed time to come to terms.

The House defeated a smallpox compensation bill last month, with members of both parties saying it was inadequate. A Senate panel passed a separate bill last week without Democratic support.