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Commentary on U.S. legal and policy issues raised by the Ebola outbreak

WASHINGTON LAWYER by Sarah Kellog       April, 2015 edition

...Despite knowing that Ebola would likely find its way here (to the U.S.), the public health system was ill-prepared to fight the disease. It was caught napping, unable to swiftly formulate an effective national plan to contain the virus, address the concerns of medical professionals, and calm the public’s mushrooming fears....

The same lack of preparation seemed evident in how government authorities responded and applied public health statutes and regulations, especially at the state and local levels. Legal experts say U.S. public health law is robust enough to address any disease crisis, even one as deadly as Ebola, but the people who administer the law showed a profound ignorance about disease prevention and mitigation, as well as of basic civil rights, in dealing with the Ebola threat.

“Legally, we’re in excellent shape,” says James Hodge, a professor of public health law and ethics at Arizona State University Sandra Day O’Connor College of Law and a national expert on infectious diseases and the law. “Politically, we’re severely challenged.”

Read complete article.

A new study suggests there was a better way to respond to the Ebola outbreak

TIME MAGAZINE by Alexandra Sifferlin                                                      May 26, 2015

It’s known that the response to the most recent Ebola outbreak, which as of Tuesday had infected more than 27,000 people and killed 11,130, was far too slow. Now, a new studysuggests that even once they got started, their approach to curbing the spread wasn’t the most efficient or effective.Read complete story.

THE HERITAGE FOUNDATION Study  by James Jay Carafano, Ph.D., Charlotte Florance and Daniel J Kaniewski 

 April 24, 2015

Executive Summary

 This report presents the observations, findings, and recommendations of a task force formed to examine the global response and the response of the U.S. government (USG) to the 2013–2014 Ebola outbreak and global transmission. Specifically, the task force sought to derive lessons learned and insights from the USG response to the Ebola outbreak both internationally and domestically with the goal of crafting recommendations to improve the government’s ability to respond to natural disasters, acts of bioterrorism, and various public health crises related to significant outbreaks, epidemics, and pandemics....

The report’s major recommendations include:

FOREIGN POLICY  by Siobhán O'Grady                        April 13, 2015
When the Ebola virus spread from Guinea to Sierra Leone and Liberia last spring, the initial international response was labeled a failure. By the time President Barack Obama ordered troops to the affected countries in September, more than 2,400 people were dead.

But in the United States, where major hospitals prepared for an outbreak, there were only four in-country diagnoses, one of which resulted in a death. And some see the urgency of that response as a lesson in how the government can prepare for another public health hazard: a bioterrorist attack.

Arizona Rep. Martha McSally chairs a House subcommittee that will examine over the next few months the threat of bioterrorist attacks and U.S. preparedness to respond to them. She told Foreign Policy that even if a disease outbreak and the use of a biological agent in a coordinated attack are not completely analogous, the response strains similar systems.

“We can learn lessons from other outbreaks that are naturally occurring,” she said. “We can identify weaknesses in our response and even if it wasn’t terrorism, it presses the system at the same level....”