Pittsburgh Post-Gazette

Lawmaker seeks details of wasted vaccines from Wolf

- By Ese Olumhense

HARRISBURG — A state lawmaker wants to compel the Wolf administra­tion to make public details on wasted COVID-19 vaccine doses, informatio­n it refused to release to Spotlight PA.

Although vaccine providers are required to report when and why a dose of vaccine is “compromise­d,” the Pennsylvan­ia Department of Health last month denied a public records request from Spotlight PA seeking documentat­ion, citing a decades-old law that it has frequently used to shield the public from scrutinizi­ng its pandemic response. The request did not seek any patient informatio­n.

State Sen. David Argall, RSchuylkil­l, plans to introduce the legislatio­n this month, because “I just think people have the right to know this informatio­n.”

“I understand it’s a small percentage of the overall number of vaccinatio­ns, but I still think that that informatio­n should be released to the public, and if the governor and his appointed officials won’t do it voluntaril­y I’m prepared to move legislatio­n forward as the chairman of the State Government Committee to do just that,” Mr. Argall said in an interview with Spotlight PA.

The Health Department said just 1,589 of the more than 2.3 million doses administer­ed as of Feb. 26 — or just 0.06% — were reported by providers as wasted, mostly due to vials broken in handling, syringe issues, such as bent or broken needles, or clients refusing after the vaccine dose was drawn.

Officials declined to provide further informatio­n, such as which providers are reporting waste or the most common reasons for discarded doses, because of the Disease Prevention and Control Law. The 1955 act gives the state broad authority to keep informatio­n on contagious diseases confidenti­al, like details that could potentiall­y identify individual­s.

Media lawyers, however, said

the law also gives the state discretion over what records to make public in the interest of transparen­cy. Experts told Spotlight PA that the law could also be amended to make it clear that important informatio­n in the public interest should be released.

“The law is so old we don’t really know what was meant,” said Paula Knudsen Burke, a media lawyer who is representi­ng Public Source, a Pittsburgh-based newsroom, in a lawsuit related to the Health Department’s use of the statute. “And so we have to try and parse it out and determine: Did the Legislatur­e back in 1955 really mean that in the midst of a pandemic we couldn’t know what was happening, especially when it comes to important public policy decisions?”

“I’m hoping that some clarity comes either from the courts or the Legislatur­e — or both,” she added.

Spotlight PA has appealed the Health Department’s decision to the state Office of Open Records. Spotlight PA is an independen­t, nonpartisa­n newsroom powered by The Philadelph­ia Inquirer in partnershi­p with PennLive/The Patriot-News, TribLIVE/ Pittsburgh TribuneRev­iew, and WITF Public Media.

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