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Legal Immunity Set for Swine Flu Vaccine Makers

August 20, 2009 | 55,601 views
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cines, immunity, legal, lawsuit, vaccine makers, vaccine manufacturers, swine flu, fluDepartment of Health and Human Services Secretary Kathleen Sibelius has not only given immunity to the makers of Tamiflu and Relenza for injuries stemming from their use against swine flu, she has granted immunity to future swine flu vaccines and “any associated adjuvants”.

The last time the government embarked on a major vaccine campaign against a new swine flu, thousands filed claims contending they suffered side effects from the shots. This time around, they will have no recourse.

The 2006 Public Readiness and Emergency Preparedness Act (the PREP Act) allows the DHHS Secretary to invoke almost complete immunity from liability for manufacturers of vaccines and drugs used to combat a declared public health emergency.

The PREP Act removes the right to a trial jury unless a plaintiff can provide clear evidence of willful misconduct that resulted in death or serious physical injury -- and gets permission to sue from the DHHS Secretary.

But once the PREP Act is invoked to shield manufacturers from liability, the pharmaceutical firms have no financial incentive to make the safest product, and have a negative incentive to test it for safety. As long as they do not deliberately harm consumers of the product, they will not be liable for damages.

Meanwhile, while the U.S. Centers for Disease Control and Prevention hoping to have 120 million doses of H1N1 swine flu virus vaccine ready before flu season this fall, some are raising concerns over what they see as an effort to rush the drug through safety trials.

The source of many of these concerns is the probability that the mercury-containing preservative thimerosal will be an ingredient in some of the doses of the new vaccine.

Groups opposed to current vaccination practices condemn thimerosal as a toxin responsible for the development of autism and related ailments in children. Additionally, the possibility that the swine flu vaccine could also contain an adjuvant, an ingredient that would allow more doses to be created from existing supplies of the vaccine, has also worried these groups.

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.

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 after they become truly educated about health and vaccination.

However, there is hope.

At least 15 percent of young doctors recently polled admit that they're starting to adopt a more individualized approach to vaccinations in direct response to the vaccine safety concerns of parents. It is good news that there is a growing number of smart young doctors, who prefer to work as partners with parents in making personalized vaccine decisions for children, including delaying vaccinations or giving children fewer vaccines on the same day or continuing to provide medical care for those families, who decline use of one or more vaccines.

So take the time to locate a doctor, who treats you with compassion and respect and is willing to work with you to do what is right for your child.

 

Dr. Mercola's Comments:

Both of the issues above – vaccine makers being inoculated against lawsuits, and the fast-tracking of vaccines that contain documented dangerous ingredients – are surefire ways to ensure that vaccine safety is largely ignored.

Add to that the potential for mandatory swine flu vaccinations and the probability for disaster skyrockets.

A Show of Political Power and Greed, at the Cost of Human Lives

Prior to October 1, 1988, if you or your child were injured by a childhood vaccine you were allowed to file a lawsuit against a vaccine manufacturer to receive compensation.

Because of such lawsuits, vaccines turned out to be a costly venture for pharmaceutical companies, who threatened to pull out of the vaccine business altogether.

This led to the creation of The National Vaccine Injury Compensation Program (NVICP), the so-called “vaccine court.” This program has boosted vaccine sales growth immensely since its induction, largely because manufacturers now have zero liability for the products they produce.

If your child becomes seriously injured or dies after receiving a childhood vaccine, the vaccine maker is completely shielded from liability. Even if you’re actually awarded compensation through NVICP, it is the taxpayers who pay, NOT the vaccine makers.

But that was for childhood vaccines.

What we’re looking at now is the complete removal of liability for so-called pandemic vaccines, all adjuvants, and antiviral medications such as Tamiflu and Relenza.

In fact, ANY product used to fight "an epidemic" is protected under this law, and the government decides what drugs fit the bill.

It is a blatant demonstration of just how powerful the corporate drug interests have become. Indeed, with the largest political lobby in Congress, their influence is so great they have been able to manipulate numerous laws that now insulate them from any responsibility in harming or killing people in their relentless drive to earn profits, without regard to human health or well-being.

Think about it… They can now release a vaccine (or any other pandemic drug for that matter) that has not passed any kind of rigorous safety testing, and not be held liable for any damage that occurs as a result.

How can this possibly be in the best interest of the people?

Why Vaccine Makers Now Have ZERO Incentive to Ensure Safety

Drug manufacturers got a major boost in protection and were granted unprecedented powers to experiment on the population with the passing of the 2006 Public Readiness and Emergency Preparedness Act (the PREP Act).

This law allows the DHHS Secretary to invoke almost complete immunity from liability for manufacturers of vaccines and drugs used to combat a declared public health emergency.

The PREP Act removes your right to a trial jury unless you can provide clear evidence of willful misconduct that resulted in death or serious physical injury. But that’s not all. First you must apply for and be granted permission to sue by the DHHS Secretary.

The most problematic aspect of the PREP Act is that it removes all financial incentive to make a safe product.

In fact, vaccine makers now have a negative incentive to test it for safety, because if they are aware of problems, then they could potentially be held liable for willful misconduct!

As long as they can prove they “didn’t know” of any problem, they will not be liable for damages. Hence it’s in their best interest to know as little as possible about the adverse reactions it might cause.

It seems unimaginable, but you and your children are now being enlisted as an unpaid human trial subjects for experimental, fast-tracked vaccines.

As GlaxoSmithKline stated earlier:

"Clinical trials will be limited, due to the need to provide the vaccine to governments as quickly as possible. Additional studies will therefore be required and conducted after the vaccine is made available." [Emphasis mine].

This means that any time you get vaccinated you essentially agree to be a human guinea pig, and if your health suffers you have virtually no legal recourse whatsoever.

Do You Know What’s in That Flu Shot?

Most seasonal flu vaccines contain dangerous levels of mercury in the form of thimerosal, a deadly preservative that is 50 times more toxic than regular mercury. Most of the swine flu vaccines will also contain thimerosal, although they will reportedly make a limited number of doses available that are thimerosal-free.

If taken in high enough doses, thimerosal can result in long-term immune, sensory, neurological, motor, and behavioral dysfunctions.

Disorders associated with mercury poisoning include:

  • Autism
  • Attention deficit disorder
  • Multiple sclerosis
  • Speech and language deficiencies

It can also predispose adults to neurological problems such as Alzheimer’s disease and dementia.

The Institute of Medicine has warned that infants, children, and pregnant women should not be injected with thimerosal, and yet the majority of flu shots contain 25 micrograms of it, and this year you and your children may be exposed to as many as FOUR flu shots in quick succession.

Meanwhile, the EPA “safe” level of mercury is only 0.1 mcg/kg per day.

But an overdose on thimerosal is not the only concern when it comes to flu vaccines. Other toxic substances found in various flu vaccines include:

Ethylene glycol (antifreeze) Triton X100 (detergent)
Formaldehyde – a known cancer causing agent Resin and gelatin - known to cause allergic reactions
Neomycin and streptomycin (antibiotics) Phenol (carbolic acid)
Aluminum -- a neurotoxin linked to Alzheimer’s disease Polysorbate 80 (Tween80™) – which can cause severe allergic reactions, including anaphylaxis

Many of the swine flu vaccines being manufactured will also contain dangerous adjuvants -- additives designed to generate a stronger immune response to the vaccine.

Novartis, for example, announced it is using the adjuvant MF59® in its swine flu vaccine. The MF59® adjuvant is oil-based and contains Tween80, Span85, and squalene.

 

Squalene Update as of October 2009:

 

 

According to Barbara Loe Fisher, founder of the NVIC, none of the H1N1 vaccines being distributed in the United States contain squalene or other oil in water adjuvants.

We successfully made enough fuss about the potential danger of fast tracking licensure of squalene adjuvants into US H1N1 vaccines under an Emergency Use Authorization (EUA) that can be invoked during a declared public health emergency that the FDA has NOT licensed these adjuvants for the U.S.

There is squalene in H1N1 vaccines licensed in Europe but not yet in the U.S. That is not to say the vaccine manufacturers will not try to get the adjuvants inserted into vaccines in the future, but for now we have won on this point.

 

In studies of oil-based adjuvants in rats, the animals were rendered crippled and paralyzed, and squalene brought on severe arthritis symptoms.

In human studies, 10 to 20 ppb (parts per billion) of squalene had a severe immune system impact and caused the development of autoimmune disorders.

I recently posted an in-depth report on squalene. If you haven’t read this article, I suggest you do so now. It contains crucial information about the health risks associated with injections of vaccines containing squalene.

But despite all the existing evidence, the World Health Organization (WHO) is actually promoting and encouraging the use of oil-based adjuvants such as squalene. In a July 13 WHO swine flu pandemic briefing note, they state:

“In view of the anticipated limited vaccine availability at global level and the potential need to protect against "drifted" strains of virus, SAGE recommended that promoting production and use of vaccines such as those that are formulated with oil-in-water adjuvants and live attenuated influenza vaccines was important.”

Translation: WHO is now specifically recommending the production and use of vaccines containing oil-based adjuvants.

Also on July 13, HHS Secretary Sebelius committed another $884 million -- in addition to the $1 billion committed in May -- to purchase two key ingredients of the H1N1 vaccines under development, namely:

  1. The antigen (the active ingredient or organism)
  2. The adjuvant

Novartis, whose vaccine contains the squalene adjuvant MF59, will receive $690 million of the $884 million. So it stands to reason that the H1N1 vaccines will almost certainly contain squalene.

With Legal Recourse Removed, Freedom of Choice is Imperative

If you live in the US you can sign the petition to tell your congress person that you are STRONGLY opposed to forced vaccination. As long as the pandemic swine flu vaccine is not turned into a mandatory vaccine, you can elect to not take part in this mass experiment where you have no legal recourse should something go wrong.

Freedom of choice in this matter is of major importance!

I also urge you to visit the National Vaccine Information Center (NVIC) and join the fight against mandatory vaccination. You can also read about a proposed self-shielding/self-quarantine bill and send a message to your local legislator from the National Solutions web site.

 

 

 


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