Funding the Costs of Disease Outbreaks Caused by Non-Vaccination

Introduction Preventable diseases not only cause suffering and physical harm, they also impose financial costs on private individuals and public authorities. By disregarding evidence of the safety and effectiveness of vaccines and choosing not to vaccinate their children, some parents are increasing the risk of outbreaks and their attendant costs. In a very real sense, since those families are not currently required to cover the full costs of outbreaks, they are externalizing those costs onto others -- individuals affected and society at large. Since non-vaccinating can directly lead to costly outbreaks, this paper argues that it is both fair and desirable to impose those costs upon those making the choice not to vaccinate. There are, in fact, strong policy reasons to support doing so regardless of whether we use an approach based on fault or a no-fault framework. Not only can the decision not to vaccinate be seen as culpable, aside from the culpability consideration, it is appropriate to compel those deciding not to vaccinate to internalize the costs in order to prevent free riding and to mitigate harms to others. This article addresses the legal tools that can be used to manage the costs associated with outbreaks, focusing on those that do not require demonstrating fault. In particular, the article considers the imposition of a fee or a tax on non-vaccinators so that those who avoid immunization are required to internalize the costs associated with their decisions. Costs Associated with Non Vaccination Widespread use of ...