The federal government won't say if Canadians who suffer harmful side effects from the new swine flu shot can take the vaccine maker to court.

The Public Health Agency of Canada will not reveal whether drug companies are shielded from H1N1 flu vaccine lawsuits in this country like they are in the United States.

In an email, spokeswoman Nadia Mostafa said it raises legal questions involving federal/provincial and public/private sector jurisdictions.

That effectively throws a shroud over Ottawa's arrangement with pharmaceutical giant GlaxoSmithKline, which has a contract to produce 50.4 million doses of pandemic vaccine at its facility in Ste-Foy, Quebec.

Conversely, the United States has been open about its decision to protect vaccine makers, government officials and others from lawsuits over the vaccine.

Health and Human Services Secretary Kathleen Sebelius has granted legal immunity to ``individuals and entities involved in all stages of 2009 H1N1 influenza vaccine development, testing, manufacture, distribution, prescribing, administration, and use,'' says a U.S. Health Department website.

That protection doesn't extend to harm caused by willful misconduct.

Vaccine makers in the U.S. have been protected from lawsuits over the use of childhood vaccines since the 1980s. Instead, a federal court handles claims and decides who will be paid from a special fund.

The decision to protect vaccine makers came after the 1976 swine flu outbreak, when 40 million Americans were vaccinated in a national campaign.