On June 11, in response to the global spread of a new strain of influenza, the World Health Organization (WHO) raised the level of influenza pandemic alert to phase 6, which indicates the start of an actual pandemic. This change reflects the spread of the new influenza A(H1N1) virus, not its severity. Although currently the pandemic is of moderate severity with the majority of patients experiencing mild symptoms and making a rapid and full recovery, this experience could change.

In March 2009, a number of cases of an influenza-like illness and severe respiratory infections in humans were reported in parts of Mexico. These cases were later confirmed to be a strain of influenza A(H1N1), commonly referred to as swine flu and later called 2009 H1N1. By the end of April 2009, confirmed human cases of 2009 H1N1 infection were reported throughout Mexico, in parts of the United States, and in several countries worldwide. Reports of the outbreakcoupled with the use of the initial moniker swine fluinitially caused a downturn in domestic and international pork markets.

Recent human cases of infection with a novel influenza A(H1N1) virus have been identified both internationally and in the United States. Since there has been human to human transmission and the new virus has the potential to become pandemic, it is timely to examine the legal issues surrounding this emerging public health threat. This report provides a brief overview of selected legal issues including emergency measures, civil rights, liability issues, and employment issues. There are a number of emergency measures which may help to contain or ameliorate an infectious disease outbreak.

Key recent eventsthe 2001 terrorist attacks, Hurricane Katrina, and concerns about an influenza (flu) pandemic, among otherssharpened congressional interest in the nations systems to track and respond to public health threats. The 109th Congress passed several laws that established, reorganized, or reauthorized key public health and medical preparedness and response programs in the Departments of Health and Human Services (HHS) and Homeland Security (DHS).