THE EFFECTIVENESS OF PANDEMIC PREPARATIONS: LEGAL LESSONS FROM THE 2009 INFLUENZA EPIDEMIC

Bradly Condon, Instituto Tecnologico Autonomo de Mexico
Tapen Sinha, Instituto Tecnologico Autonomo de Mexico

Abstract

The A(H1N1) influenza epidemic provided the first indication of the effectiveness of the pandemic preparations that countries and international organizations initiated in the wake of the 2003 SARS epidemic. In the case of SARS, China was criticized for not reporting the outbreak quickly enough. This led to new reporting requirements under WHO regulations. In the case of the 2009 influenza epidemic, Mexico and the United States complied with their obligations to report outbreaks to the WHO as soon as they detected a problem. The WHO declared a public health emergency of international concern within 48 hours of laboratory confirmation that the Mexican and US viruses were a new strain. While the WHO issued recommendations against trade and travel restrictions, a significant number of countries chose to ignore those recommendations. The response of many countries to Mexico’s open and transparent reporting in this case may undermine WHO reporting requirements and encourage countries to be less open regarding future public health threats of international concern.