Thousands of unused flu shots Illinois agreed to buy have expired

CHICAGO - Hundreds of thousands of flu shots Illinois ordered from Europe last year amid fears of a national shortage expired this week, and officials who agreed to spend $2.5 million to buy the vaccine now find they are likely stuck with a supply they couldn't even give away. The shots never made it to Illinois because the U.S. Food and Drug Administration did not approve importing them. Similar regulatory tie-ups have prevented the state from donating the shots after it was unable to sell them and spare taxpayers the cost, Illinois Deputy Gov. Bradley Tusk said. The shots, which are designed to be used within months of their manufacture because influenza strains vary from year to year, expired Monday, Tusk said. The Nelson Mandela Foundation in South Africa wants the state's vaccine, but government health officials there have not approved the deal, Tusk said. "It's a shame that politics got in the way of helping people there, just like it did here," Tusk told The Associated Press on Wednesday. But Ira Longini, an Emory University biostatistician who specializes in vaccine analysis, said vaccines that have expired still can be used if they were stored properly. "Expired means it may have lost some potency. Just like any other drug or biological agent, it still might be quite effective even though it's gone past the expiration date," Longini said. "If there's a vaccine shortage, I would certainly still use it. It just might lose potency." Tusk said the state would continue to seek the South African government's approval to donate the vaccine, which he said has been stored at the proper temperature to remain viable. The Nelson Mandela Foundation referred calls for comment to the South African government's health department, which did not return messages left by The Associated Press. A spokeswoman for the U.S. FDA declined to comment on the proposed donation. Each year, the World Health Organization tries to predict which flu strains will be the most prevalent for the coming season. Its recommendations typically are used to create the version of the influenza vaccine manufacturers will make. Gov. Rod Blagojevich ordered at least 610,000 doses of flu vaccine overseas last October. He sought FDA approval after making the order but it was never given, prompting him to accuse the FDA of playing politics. The FDA argued it could not guarantee the safety of the shots. Illinois agreed to pay about $2.5 million for about 256,000 flu doses earmarked for the state. The rest of the doses would have gone to Cleveland, New Mexico and New York City, which had agreed to the deal but later tried to pull out when they did not get the doses. "Once again, the governor has wasted millions of state dollars and state employee time on a boondoggle so that he can see his name in useless headlines," said state Sen. Kirk Dillard, R-Hinsdale. "It's just an unbelievable waste of tax dollars." Dillard said obtaining flu shots should not be a function of state government, and argued that Blagojevich should spend his time instead on "the better management of state government under difficult times." Tusk responded that governors are supposed to act when a potential crisis looms. "Senator Dillard talks about 'difficult times.' Had we faced a bad flu season instead of a mild one, not having enough vaccines would have been more than difficult - it would have been disastrous. Taking steps to deal with the crisis is what governors are supposed to do - and what separates leaders from critics," Tusk said. Ecosse Hospital Products Ltd., the British wholesaler hired to provide the vaccine doses, filed a complaint in March to demand payment from Illinois for the doses it ordered. That complaint is pending with the Illinois Court of Claims. State Comptroller Dan Hynes has refused to pay Ecosse, arguing that the FDA's refusal to allow the imports should let the state cancel its contract. He cited a provision that allows termination for "unforeseeable circumstances beyond its reasonable control, including ... governmental regulation." But Ecosse says it kept its part of the bargain and provided the vaccine. In the complaint, it accuses the state of breach of contract. Cleveland and New Mexico now say they are under no obligation to pay for the vaccine because they never received it. Cleveland received a bill from Ecosse for $42,840 for 4,000 doses. Ecosse billed New Mexico $1.5 million for 150,000 doses. New York City officials have said in the past that they would pay their share and are working with Blagojevich's office to resolve the situation. They instructed Illinois to resell the doses designated for New York and said they never had their own agreement with Ecosse. New York wanted to buy 200,000 flu vaccine doses for $10 each. A spokesman for the mayor's office did not return calls for comment. One Republican vying for his party's nomination to run for governor said Blagojevich should pay for the flu doses out of his $14.4 million campaign war chest. "To make matters worse, the governor again refuses to accept the blame. Instead, he points the finger at the federal government accusing them of 'playing politics,' when all they did was do their job," Ron Gidwitz said in a news release. "It was Governor Blagojevich's addiction to headlines and negligence that created this mess and now he needs to deal with it - but not at taxpayers' expense."