US Supreme Court Gives Total Liability Shield to Big Drug Companies

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					US Supreme Court Gives Total Liability Shield to Big Drug Companies




       The Latest in Atrocious Supreme Court
       Decisions - Only 2 Justices Stand Up for Your
       Rights...
       March 22, 2011 | 102,285 views


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          A U.S. Supreme Court decision has just given drug companies total
          liability protection for injuries and deaths caused by government
          mandated vaccines. The National Vaccine Information Center
          (NVIC) called the decision a "betrayal" of the American consumer.


          In a 6-2 decision, the Court majority voted to reject substantial
          evidence that current law was fully intended to protect an
          American's right to sue a pharmaceutical corporation for injuries
          that could have been prevented if the company had elected to make
          a safer vaccine.

          The court decision leaves parents with no way to hold vaccine
          makers accountable and no feasible way to get compensation for
          the injuries suffered by their children; furthermore, the decision
          removes all financial incentive for multi-national drug companies to
          make vaccines as safe as they can be.

          According to EON:


                     "Hannah Bruesewitz was brain injured by DPT vaccine as a child but she was denied
                     compensation by the U.S. Court of Claims, which administers the federal vaccine injury
                     compensation program created by the 1986 Act that has turned away two out of three
                     plaintiffs.


                     Her attorneys then sued in civil court, providing evidence that Wyeth-Lederle had the
                     technology to produce a less reactive, purified pertussis vaccine but declined to do so."


          The Supreme Court ruled against Hannah's family. Hannah, now 19, showed no symptoms of a
          seizure disorder before the vaccination, and a multitude of tests haven't indicated any other cause.



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US Supreme Court Gives Total Liability Shield to Big Drug Companies

          Seizure disorders used to be listed on the Vaccine Injury Table, which is used by the National
          Vaccine Injury Compensation Program, but the listing was removed a month before the
          Bruesewitzes originally filed a vaccine injury petition in April 1995.




       Guest Commentary by Barbara Loe Fisher


          On February 22, 2011 the U.S. Supreme Court shielded drug companies from all liability for harm
          caused by vaccines mandated by government when companies could have made a safer vaccine. 1


          From now on, drug companies selling vaccines in America will not be held accountable by a jury of
          our peers in a court of law if those vaccines brain damage us but could have been made less toxic. 2

          If you get paralyzed by a flu shot or your child has a serious reaction to a vaccine required for school
          and becomes learning disabled, epileptic, autistic, asthmatic, diabetic or mentally retarded, you are
          on your own. 3 4 5 6 7 8 9 10 11 12 13 14 15 16

          From now on – unless we stand up and draw the line on vaccine mandates - the government can
          legally use police powers to force every American to get hundreds of vaccinations or be punished
          while those, who are hurt by vaccination, can be more easily swept under the rug and left to fend for
          themselves. 17 18 19 20




       Big Pharma Blackmailed Congress in 1982


          To understand how this happened, we have to turn the clock back to 1982. That is when four big
          drug companies (Merck, Wyeth, Lederle, Connaught) blackmailed Congress by threatening to stop
          selling vaccines in America unless a law was passed giving them complete immunity from
          prosecution. 21


          The pharmaceutical industry knew they were in big trouble because the old, crude whooping cough
          vaccine in the DPT shot was causing brain inflammation and death in many children; 22 the live oral
          polio vaccine was crippling children and adults with vaccine strain polio; 23

          Americans were filing lawsuits to hold drug companies responsible for the safety of their products.

          On February 23, 2011, one day after the Supreme Court blocked lawsuits against drug companies
          for failing to make vaccines safer, they cleared the way for lawsuits against car manufacturers for
          failing to make seat belts safer. 24




       Civil Liability is a Consumer Protection


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US Supreme Court Gives Total Liability Shield to Big Drug Companies


          Civil liability is a consumer protection. In the past, civil liability has protected us from wealthy
          tobacco corporations selling cigarettes that were once endorsed by doctors and the U.S.
          government. 25 26


          Civil liability has protected us from defective cars and toys and food and drugs that have passed
          federal licensing and safety standards. 27 28 29 30

          Civil liability put pressure on drug companies to develop and license a less toxic pertussis vaccine in
          1996. 31 Civil liability put pressure on federal health agencies to replace use of a contaminated,
          neurotoxic polio vaccine that can paralyze people with one that cannot. 32




       Parents in 1980's Opposed Total Liability Shield


          Thirty years ago the wealthiest and most powerful industry lobbying on Capitol Hill and in state
          legislatures – the multi-billion dollar pharmaceutical industry - tried very hard to get total liability
          protection for every vaccine that government regulates, recommends and mandates.


          The only difference is that three decades ago, government officials were ordering doctors to give
          children 23 doses of 7 vaccines and, today, that direct order is up to 70 doses of 16 vaccines. 33 34

          The parent co-founders of the National Vaccine Information Center worked with Congress back in
          the early 1980's and we refused to support any legislation that would legally let the pharmaceutical
          industry completely off the hook. 35




       1986 Law: Pharma Liability Was the Safety Net


          Parents successfully argued that, if Congress was going to give drug companies partial liability
          protection through the creation of a federal vaccine injury compensation alternative to a lawsuit, then
          language had to be written into the National Childhood Vaccine Injury Act of 1986 that protected a
          citizen's right to sue drug companies when federal compensation was denied, or the company had
          the technological ability to make a vaccine less toxic but refused to do it. 36


          Continued civil liability was the safety net for American consumers in that law. Continued civil liability
          was the leverage that gave some financial incentive for drug companies to make vaccines safer and
          gave some political incentive for government officials to award federal compensation to the vaccine
          injured. 37

          Now, six activist Supreme Court judges have ripped the liability safety net from the U.S. mass
          vaccination system and written Big Pharma a blank check by deliberately ignoring the language and
          legislative history of the 1986 Vaccine Injury Act. Only Justices Sotomayor and Ginsburg, in an
          accurate and brilliant dissenting opinion, stood up for the people. 38


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US Supreme Court Gives Total Liability Shield to Big Drug Companies




       Every American Pays Surcharge on Every Vaccination


          Now it will be much easier for employees in government health agencies and the U.S. Department
          of Justice and the Vaccine Court to deny vaccine victims federal compensation, which 308 million
          Americans pay for through a surcharge on each one of the annual flu shots and the dozens of doses
          of vaccines public health officials say we all should get. 39


          There is $3 billion dollars waiting to be awarded in the Vaccine Injury Trust Fund, which has already
          been raided by federal agencies dragging vaccine victims through years of litigation and looking for
          ways to deny vaccine risks. 40




       130 Vaccinations from Birth to Death


          The Supreme Court has now given the drug industry and evangelistic doctors a green light to lobby
          legislators to require every American, who lives to be 78 years old, to get more than 130 doses of
          government recommended vaccines starting on the day of birth through the last year of life. 41


          That does not include use of any of the hundreds of new vaccines now being developed by drug
          companies with government approval that will be required in the future - whether those vaccines are
          necessary or not; whether the vaccines work or not; whether the vaccines are dangerous or not and
          whether the people want to use the vaccines or not. 42 43

          This is not public health.

          This is exploitation of a captive people by a pharmaceutical industry seeking unlimited profits and by
          doctors in positions of authority, who have never seen a vaccine they did not want to mandate.

          It is a drug company stockholder's dream, a health care consumer's worst nightmare and a
          prescription for tyranny.




       Americans Forced to Get More Vaccines than Anyone in World


          Americans are required by law to use more vaccines than any other nation in the world. In no other
          country – not in Canada, 44 the United Kingdom, 45 Australia, 46 New Zealand, 47 the Netherlands, 48
          Germany, 49 Japan 50 or in any other country – are citizens subjected to mandatory use of dozens of
          doses of vaccines under the threat of being denied a public education and health insurance and
          employment. 51 52



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US Supreme Court Gives Total Liability Shield to Big Drug Companies

          There is no other word for this but tyranny.




       Vaccines are Pharmaceutical Products


          Vaccines are pharmaceutical products that carry a risk of injury or death, a risk that can be greater
          for some than others. If a vaccine is effective, then those choosing to use that vaccine will have
          nothing to fear from those who make another health care choice.


          If a vaccine is not effective, then consumers are being asked to take two risks: a risk they will be
          harmed and a risk the vaccine will not work at all.

          That is not a product that should be legally required, especially when doctors cannot predict ahead
          of time who will be harmed by a vaccine and there is no civil liability for the company selling it, the
          person giving it or the government official mandating it.

                  No liability?

                  No accountability?

                  No mandates.




       Stand Up for Health Freedom!


          If corporations are in business to make money; if doctors can make mistakes; if judges can get it
          wrong; if what is considered scientific truth today can turn out to be not true tomorrow; and if nobody
          is held accountable in the civil justice system for vaccines that could have been made safer, then
          now is the time for all Americans to stand up for health freedom in this great nation of ours.


          There is no freedom more fundamental than the human right to be free to decide what risks we are
          wiling to take with our lives or our children's lives.




       Join NVIC: Help Us Help You


          Please join with the non-profit National Vaccine Information Center, the largest, oldest and most
          experienced vaccine safety and informed consent watchdog in America.


          Help us help you stand up for your right to know and freedom to choose which vaccines that you
          consider necessary, safe and effective enough to use.


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US Supreme Court Gives Total Liability Shield to Big Drug Companies


          Help us defend every American's right to seek justice in a civil court of law when vaccines cause
          harm - or do not work - so that reactive and ineffective vaccines are forced off the market.




       Protect Vaccine Exemptions in Your State


          Vaccine laws are state laws. Sign up for our free Advocacy Portal at www.NVICAdvocacy.org that
          will teach you how to participate effectively in the democratic legislative process and defend vaccine
          exemptions in your state laws.


          Educate your elected representatives about why it is so important to include strong consumer
          protections and informed consent rights in all public health laws.




       Donate $10 and NVIC Receives $30 to Defend Freedom


          Please make a donation – large or small – to NVIC. Because for every dollar you donate by
          March 31, 2011 THREE dollars will be donated to NVIC by a courageous and compassionate
          American, who has pledged to expand national public education and state based advocacy
          programs.




          This is a once in a lifetime opportunity to be part of building an effective, well-organized nationwide
          campaign to take back our freedom to make voluntary vaccination choices.




       We Cannot Be Afraid


          There is no time to waste. If we don't learn from history, we will repeat it. We cannot be afraid to
          empower ourselves as a free people and make our democracy work.


          We can win back the freedom we have lost and take control of our health and the future of America.
          We can do it if we are as brave as those freedom-loving men and women, who founded America two
          centuries ago.

          Be the one to stand up today to make sure that your children and grandchildren and all Americans

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US Supreme Court Gives Total Liability Shield to Big Drug Companies

          will not live under tyranny tomorrow.

          No forced vaccination.

          Not in America.




          References

                  1 Supreme Court of the United States. Russell Bruesewitz et al v. Wyeth et al. No. 09-152.
                  Argued October 12, 2010 – Decided February 22, 2011.

                  2 Business Wire. NVIC Press Release: National Vaccine Information Center Cites "Betrayal of
                  Consumers by U.S. Supreme Court Giving Total Liabilty Shield to Big Pharma. February 23,
                  2011.

                  3 Alderslade R, Bellman MH et al. The National Childhood Encephalopathy Study: a report on
                  1000 cases of serious neurological disorders in infants and young children from the NCES
                  research team. In: Whooping Cough: Reports from the Committee on the Safety of Medicines
                  and the Joint Committee on Vaccination and Immunisation. Department of Health and Social
                  Security, London: Her Majesty's Stationery Office 1981. Br Med J (Clin Res Ed). 1981; May
                  16; 282(6276):1595-9.

                  4 Cody CL, Baraff L, Cherry JD et al. Nature and rates of adverse reactions associated
                  with DTP and DT immunizations in infants and children Pediatrics 1981; 68(5): 650-60.

                  5 Coulter HL, Fisher BL. DPT: A Shot in the Dark. 1985.

                  6 National Childhood Vaccine Injury Act of 1986 (PL99-660).

                  7 Institute of Medicine. Adverse Effects of Pertussis & Rubella Vaccines 1991.


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US Supreme Court Gives Total Liability Shield to Big Drug Companies

                  8 Institute of Medicine. Adverse Events Associated with Childhood Vaccines: Evidence
                  Bearing on Causality. 1994.

                  9 Institute of Medicine. DPT Vaccine & Chronic Nervous System Dysfunction: A New
                  Analysis. 1994.

                  10 The Economist. Plagued by Cures. November 20, 1997.

                  11 Enriquez R, Addington W et al. The relationship between vaccine refusal and self-
                  report of atopic disease in children. J Allergy Clin Immunol. 2005 Apr;115(4):737-44.

                  12 McDonald KL, Hug SL et al. Delay in diphtheria, pertussis, tetanus vaccination is
                  associated with reduced risk of asthma. J Allergy Clin Immunol. 2008 Mar;121(3):626-31.
                  Epub 2008 Jan 18.

                  13 Classen JB. Risk of vaccine induced diabetes in children with a family history of type
                  1 diabetes. The Open Pediatric Medical Journal 2008; 2:7-10.

                  14 Haber P, DeStefano F et al. 2004. Guillain-Barre syndrome following influenza
                  vaccination. Journal of the American Medical Association.

                  15 Fisher BL. Vaccines, Autism & Chronic Inflammation: The New Epidemic. National
                  Vaccine Information Center 2008.

                  16 Vaccine Adverse Events Reporting System (VAERS). 1990 - January 25, 2011: 358,599
                  vaccine adverse events reported.

                  17 Jacobsen v. Massachusetts, 197 U.S. 11(1905. LSU Law Center.

                  18 Fisher BL. Smallopox & Forced Vaccination: What Every American Needs to Know.
                  National Vaccine Information Center 2001.

                  19 ACLU. 2009. NYCLU Urges Public Education and Voluntary Vaccine for H1N1 Flu,
                  Warns Vaccine Mandate Violates Privacy Rights. Testimony by Donna Lieberman.

                  20 Fisher BL. Forcing Flu Shots on Healthcare Workers: Who Is Next? September 29,
                  2010.

                  21 See Reference # 5.

                  22 See References # 3, 5, 6, 9

                  23 See Reference # 8

                  24 Supreme Court of the United States. Williamson et al v. Maza Motor of America, Inc et
                  al. No. 08-1314. Argued November 3, 2010 – Decided February 23, 2011.

                  25 Time Magazine. Photo Archive: Your Doctor Wants You to Smoke

                  26 Verkuil P. A Leadership Case of Tobacco Use and Regulation. Benjamin Cardozo School
                  of Law. University of Pennsylvania. 1998.

                  27 Consumer Watch.com. Lawsuits: Car Steering Defect.



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US Supreme Court Gives Total Liability Shield to Big Drug Companies

                  28 Injury Board. Mattel Settles Claim Over 2007 Toy Recalls.

                  29 Injury Board, LawWiki. Contaminated Food Products.

                  30 Voreocos D, Johnson A. Merck Paid 3,468 Death Claims to Resolve Vioxx Suits.
                  Bloomberg News. July 27, 2010.

                  31 The Pharma Letter. First Acellular DTP Vaccine Licensed for Infants in U.S. August 12,
                  1996.

                  32 Rock A. The Lethal Dangers of the Multi-Billion Dollar Vaccine Business. CNN Money.
                  December 1, 1996.

                  33 FDA Consumer. Kids Vaccination Schedule Changed. Jan. 1986.

                  34 U.S. Centers for Disease Control. 2011 Child & Adolescent Immunization Schedules.

                  35 See References # 5

                  36 See Reference #6

                  37 Vaccine Injury Compensation Program. Department of Health & Human Resources. HRSA.

                  38 See Reference # 1

                  39 U.S. Department of Health & Human Services. Health Resources Services Administration
                  (HRSA). Vaccine Injury Compensation Program Trust Fund

                  40 U.S. Department of Treasury (Public Debt). Vaccine Injury Compensation Reports

                  41 U.S. Centers for Disease Control. 2011 Adult Immunization Schedule.

                  42 Drug Discovery & Development. Vaccine Market A Refuge for Big Pharma. January 13,
                  2011.

                  43 National Institutes of Health. Clinical Trials – New Vaccines (1,067). Accessed March 2,
                  2011.

                  44 Vaccination Schedule – Canada and Vaccine Risk Awareness Network (VRAN –
                  Canada's Vaccine Exemptions)

                  45 Vaccination Schedule – United Kingdom.

                  46 Vaccination Schedule – Australia

                  47 Vaccination Schedule – New Zealand and informed choice in New Zealand

                  48 Vaccination Schedule – Netherlands

                  49 Vaccination Schedule – Germany

                  50 Vaccination Schedule - Japan

                  51 CNN. Vaccinations or Jail: County's Threat to Parents. November 15, 2007.


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US Supreme Court Gives Total Liability Shield to Big Drug Companies

                  52 See References # 18, 19, 20




       Protect Your Right to Informed Consent and Defend Vaccine Exemptions




          With all the uncertainty surrounding the safety and efficacy of vaccines, it's critical to protect your
          right to make independent health choices and exercise voluntary informed consent to vaccination. It
          is urgent that everyone in America stand up and fight to protect and expand vaccine informed
          consent protections in state public health and employment laws. The best way to do this is to get
          personally involved with your state legislators and educating the leaders in your community.




          THINK GLOBALLY, ACT LOCALLY.

          National vaccine policy recommendations are made at the federal level but vaccine laws are made
          at the state level. It is at the state level where your action to protect your vaccine choice rights can
          have the greatest impact. It is critical for EVERYONE to get involved now in standing up for the legal
          right to make voluntary vaccine choices in America because those choices are being threatened by
          lobbyists representing drug companies, medical trade associations and public health officials, who
          are trying to persuade legislators to strip all vaccine exemptions from public health laws.

          Signing up for NVIC's free Advocacy Portal at www.NVICAdvocacy.org gives you immediate, easy
          access to your own state legislators on your Smart Phone or computer so you can make your voice
          heard. You will be kept up-to-date on the latest state bills threatening your vaccine choice rights and
          get practical, useful information to help you become an effective vaccine choice advocate in your
          own community. Also, when national vaccine issues come up, you will have the up-to-date
          information and call to action items you need at your fingertips..

          So please, as your first step, sign up for the NVIC Advocacy Portal.




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US Supreme Court Gives Total Liability Shield to Big Drug Companies

       Share Your Story with the Media and People You Know


          If you or a family member has suffered a serious vaccine reaction, injury or death, please talk about
          it. If we don't share information and experiences with each other, everybody feels alone and afraid to
          speak up. Write a letter to the editor if you have a different perspective on a vaccine story that
          appears in your local newspaper. Make a call in to a radio talk show that is only presenting one side
          of the vaccine story.


          I must be frank with you; you have to be brave because you might be strongly criticized for daring to
          talk about the "other side" of the vaccine story. Be prepared for it and have the courage to not back
          down. Only by sharing our perspective and what we know to be true about vaccination will the public
          conversation about vaccination open up so people are not afraid to talk about it.

          We cannot allow the drug companies and medical trade associations funded by drug companies or
          public health officials promoting forced use of a growing list of vaccines to dominate the
          conversation about vaccination. The vaccine injured cannot be swept under the carpet and treated
          like nothing more than "statistically acceptable collateral damage" of national one-size-fits-all
          mandatory vaccination policies that put way too many people at risk for injury and death. We
          shouldn't be treating people like guinea pigs instead of human beings.




       Internet Resources Where You Can Learn More


          I encourage you to visit the website of the non-profit charity, the National Vaccine Information
          Center (NVIC), at www.NVIC.org:


                  NVIC Memorial for Vaccine Victims: View descriptions and photos of children and adults,
                  who have suffered vaccine reactions, injuries and deaths. If you or your child experiences an
                  adverse vaccine event, please consider posting and sharing your story here.

                  If You Vaccinate, Ask 8 Questions: Learn how to recognize vaccine reaction symptoms and
                  prevent vaccine injuries.

                  Vaccine Freedom Wall: View or post descriptions of harassment and sanctions by doctors,
                  employers, school and health officials for making independent vaccine choices.




       Connect with Your Doctor or Find a New One that Will Listen and Care


          If your pediatrician or doctor refuses to provide medical care to you or your child unless you agree to
          get vaccines you don't want, I strongly encourage you to have the courage to find another doctor.
          Harassment, intimidation, and refusal of medical care is becoming the modus operandi of the
          medical establishment in an effort to stop the change in attitude of many parents about vaccinations


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US Supreme Court Gives Total Liability Shield to Big Drug Companies

          after they become truly educated about health and vaccination.




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US Supreme Court Gives Total Liability Shield to Big Drug Companies



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