Vax Corner: Vaccine Resources

By Maria Huang, MD, FAAP, co-chair, Washington Chapter of the American Academy of Pediatrics (WCAAP) Vaccine Committee

With recent changes from the Advisory Committee on Immunization Practices regarding Covid vaccinations and limiting MMRV use to children 4 years old, what protections do providers have?

• The PREP Act provides broad, but not absolute, immunity from state and federal liability for clinicians prescribing Covid vaccines.
• Physicians should check their malpractice insurance coverage to ensure that Covid vaccination protections are not excluded. Under the principles of malpractice law, liability depends on adherence to the standard of care, which is not determined by ACIP and the Food and Drug Administration alone. Following AAP guidance would be a strong defense that the physician acted within accepted standards. https://publications.aap.org/aapnews/news/33061
• For MMRV, while ACIP now limits use to children under 4 years, the AAP continues to recommend offering families a choice of MMRV or separate MMR and varicella vaccines for toddlers. The AAP Red Book notes a small increased risk of febrile seizure with MMRV as a first dose but does not express a preference.
• Providers who follow AAP recommendations, even if they differ from ACIP, are generally considered to be practicing within the standard of care and have strong liability protections