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Parents Can Not Sue Vaccine Manufacturers for Injury

Hung out to dry

Managing Editor's Note:  How many American parents know that if their child is harmed by the  side effects of the medicine known as vaccination, they are not able to take the injury up with the person who encouraged (cajoled?) them to administer the product or the company who manufactured the product?  Precious few I'm afraid.  And that's just what pharma and many public health professionals want - ignorant (not stupid) parents.  And when parents become informed? Then they get the "anti-vaccine" label slapped on them for having the audacity to pay attention to what has happened to their kids. 

Our Anne Dachel said, "I am rarely happy about anything the mainstream media says about autism—especially if it has to do with the cause (and of course their one-sided, abysmal coverage of vaccine and autism.)  However, every once in a while a little light shines through.  There are two, count ‘em, two-- TWO CURRENT PIECES THAT LEGITIMATELY COVER THE VACCINE CONTROVERSY. 

The first was from the San Francisco Chronicle blog.  It was a piece called, “Parents can't sue vaccine manufacturers,” and it’s by a real reporter for the Chronicle, Bob Egelko.

It covers the fact that THERE ARE VACCINE INJURIES and it describes what parents are up against if their child is harmed by a vaccine. 

The second story was from the Ventura County Star in Camarillo, CA.  The title was “Rise in Autism Cases.”  (The word “rise” with autism always hits me as the world’s best euphemism.  I can only think of words like “tsunami” or “explosion.”)   

This was a letter to the paper by someone named David Eckerson, It was brilliant, despite the title.  The opening was something like what I’ve asked countless times, “When it comes to autism in our kids, where is the outrage? Why aren't people demanding real answers?”

Eckerson went on to talk about the epidemic of autism—an epidemic without a known cause or any national attention.  He cited both bad food and the shots kids get.  And I agree.  We know the vaccines are damaging kids but be aware that many of the very same toxins are in the foods we’re giving our kids.  He ended by bringing up the issue of exemptions and the passing of laws to remove our parental rights. 

Thank you to both papers for publishing information that is bound to cause a heated reaction from the medical community and health officials.  And please, tomorrow let the other side give their arguments.  Let them tell us “studies show no link.”   Parents are quite intelligent.  Let them hear all the claims.  They will decide who’s right.

And as far as I’m concerned, the greatest thing about these stories is the comment section.   Check out what I put on there…links to CBS and FOX News stories, information about Hannah Poling, the PACE Law School study, and the fantastic epic, the Greater Good.

Maybe this is the start of the mainstream press actually giving us something resembling EQUAL TIME and FAIR AND BALANCED COVERAGE.  We can only hope."

By Bob Egelko, San Francisco Chronicle staff writer begelko@sfchronicle.com

Parents whose children are harmed or killed by allegedly defective vaccines can't sue the manufacturers for damages in state court and must instead accept no-fault compensation from a national tribunal for vaccination injuries, a federal appeals court ruled Tuesday.

The Ninth U.S. Circuit Court of Appeals upheld dismissal of a suit by a Las Vegas couple whose baby son suffered seizures and died after an immunization shot, saying such suits were precluded by a 1986 federal law.

The law established a "vaccine court" where those who claimed injuries from vaccination must file their claims. If a hearing officer determined that the harm was consistent with the vaccine's known side effects, the victim would be awarded compensation without having to prove that the manufacturer caused the harm or acted negligently.

Read more: http://www.sfgate.com/health/article/Parents-can-t-sue-vaccine-manufacturers-3894230.php#ixzz27cgbPZgj

Comments

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Shell;
I am glad you brought this article back up.

Congress passed this law and made this court because the drug companies said that without it they would not make any vaccines and then we would all DIE from diseases.

Congress caved for the greater good for all and out of fear so ---- this quote by Benjamin Franklin fights this whole situation to a TEEE.

”Any society that would give up a little liberty to gain a little security will deserve neither and lose both.”

Imagine, if you will, that the US passes a law that said from now on you cannot sue car companies in regular courts but instead must have all cases heard in an "Automobile" court. Brakes start failing in a number of cars. You must file against the company within three years of damage. The court will only accept a few such cases.They will pick and choose. The judges will be assigned by a Honda-affiliated corporation. It is three years and two days later and your family member has just started having a series of strokes from the head injury suffered during the initial crash when the brakes failed. Imagine...Science without Conscience.

Depressingly, MSNBC's "The Cycle" just featured Alex Berezow who has published one of those lamentations about the decline of science in America. Berezow said that it was proven long ago that thimerosal isn't linked to autism and that GMO foods shouldn't be labeled--because I guess that would make science mad.

Nobody on the show seems to have read the scientific paper, "Sorting out the spinning of autism: heavy metals and the question of incidence" by Mary Catherine Desoto and Robert T. Hitlan: http://www.ane.pl/pdf/7021.pdf

Maybe they could do that now so that they're better informed.

I love that picture..humorous but gets the message across beautifully. I think it would be great to have poster or ads made using this picture with the question "Autism effects now 1 in 88 American children, so why is the US government hanging children with autism out to dry?" or something like that. Get that image in everyones head.

Elizabeth;
I am so glad that the medical profession does a top notch job policing their own.
It works as well as anyother profession that polices it own.
87 deaths -- nothing.

I use to have faith in our Supreme Court, but now I think they are a bunch of dummies, to be exact, sadly.

@ Eugene Nicks

I remember Harold Shipman, his name cropped up during the trial of our own Dr Patal.

http://en.wikipedia.org/wiki/Jayant_Patel

Who say's doctors don't make mistakes?

Elizabeth Gillespie

I once read an article that said

".. Vaccines are one of the greatest inventions of the last 150 years. They've all but eradicated deadly diseases like smallpox, polio, and measles from most of the world..."


I then read an article that lists the following as KNOWN potential side effects, of just one childhood vaccine:

- Seizure
- Jerking or staring
- Non-stop crying for 3 or more hours
- Fever of 105 degrees Fahrenheit or higher
- Serious allergic reactions including:
hives, trouble breathing, hoarseness or wheezing, paleness, weakness, fast heartbeat, or dizziness.
- Permanent brain damage, long-term seizures, coma, or lowered consciousness may occur as well.

I read yet another article that said:

"... In a 6-2 decision, the Supreme Court voted to protect pharmaceutical companies from liability when their vaccines cause debilitating injuries and death. The high court majority considers vaccines "unavoidably unsafe" and was worried about drug makers being sued and obligated to compensate their vaccine victims. Instead of opting to protect children, the Supreme Court chose to safeguard the financial interests of the multi-billion dollar vaccine industry...."


There is one article however, that I have not yet found in spite of years of searching. It's the article that presents irrefutable, scientifc proof that ANY vaccine has ever prevented a disease of any kind.

That is incredibly disturbing to me. Aside form the fact that this fundamental assumption is what supposedly justifies the killing and maiming of innocent children, it also means that my child's life was stolen, for what is really nothing more than a well told lie.

I read the above-mentioned Chronicle article yesterday, and I was surprised to see Bob Egelko writing this. He usually writes article having to do with legal news. He is very well respected, and his information is solid.

I found it equally as surprising that there are still people trying to win a lawsuit dealing with vaccines after the Bruesewitz decision. But one thing I'll never give up on is trying to convince the scientific/legal community that there is a right and that there is a wrong. It is completely wrong to close one's mind to the suffering of all the children that have been affected by vaccines. The ignorance of the powers that be is often glaring. It is incomprehensible that not more of an attempt is made to get to the bottom of why there are so many children with autism, and, why no concerted effort to deal with the subject of vaccines and autism seems to work.

I recently watched a movie called "The Insider" with Al Pacino and Russell Crow about the tobacco industry and CBS. It gives an insight about how corporations and the media work to make sure that the truth will not out.

Democracy Now www.democracynow.org ... stream it online or wathc on TV or listen on radio
has Bill Moyers on today discussing ALEC. I don't know why he doesn't talk about the vaccine bills that came from ALEC, but someone else needs to do the tracking on all that and expose how the vaccine laws are spreading round the states. Someone please do that.

Friends in America ..America is broken you need to fix it fast..The Uk can`t be fixed unless America is working right..


Finland and Sweden to compensate vaccine-injured children


http://www.examiner.com/article/finland-and-sweden-to-compensate-vaccine-injured-children


Angus Files |

There are two, count ‘em, two-- TWO is a START !

There are those in the US who are successful due to their skills, hard work and what they do for others.

However, there are those who prosper only by "fraud and deceit," special laws, special courts, special court decisions, & giving the f-over to thousands or millions and then hiding behind special walls built for them by them...

It is not difficult to sort these groups out, sadly they are often confused for being one in the same.

Kudos to the two cited newspapers: two down, thousands to go; a brief gasp through the stranglehold on the media.

I keep banging on about getting the law changed in order to make these drug companies have individual liability not corporate. I do believe the sands are shifting more in this direction on both sides of the pond. it has to happen ultimately, if the people push for it.


If manufacturers were being sued - only a few of the most important vaccines would be given and only the most needed boosters. Perhaps there would have been real Innovation and not stagnation in the medical field of real cures for the endocrine system; including cancer.
We all know this though.
The three year mark; is also done to get out of paying anything -to those injuried.
If I had know when my son was 2 or 3 what I knew at 17 I would have went after them -- untill I was penniless and still slept well at night.

Another problem is; the federal government demands that the parent has only three years to bring the suet.

Three years for an infant -- for the rest of its life.

Parents don't know the future for their kids at this point, busy most of the time running to lying doctors that keep telling them they will grow out of all this.
It takes around 17 years for the medical doctors to maybe admit that all those falling down seizures and starring into space -- all getting worse---- is maybe epilepsy and not the kid fooling the Mom (I wish I was exaggerating )

And what about Kathy Blanco (blogger on here too). I bet she did not dream of her son developing a heart condition and needing a pace maker in his tender 20's.

If they had been allowed to sue after three year and if it was the manufactures that were sued, there would still be only vaccines and boosters of vaccines given.

We would not be living in a drug infested society with helicopters beating the air in the fall looking in all the farmer's fence rows, or someone in Wal Mart that is thin sticks out as unusual, the diabetic needle industry would not exist - but think what kind of industry would be in it's place!

@Eugene - Aye, I do know who he is. And I agree that is what is in the pharma industry. But the people still think they are all healers.

I wonder if that King George the III (insane with arsenic) (King during the American Revoltution) -His doctor obseverd the King burying steaks to get hotdog trees to grow -- of course it was the doctor's medicine that was doing it.

Hit and run is the expression.

For me this ludicrously criminal situation is like the powers in control in the West have employed 10,000 Harold Shipman's .

I hope you all know who Harold Shipman was .If not he was a doctor in the North of England who was caught having murdered smthg like 300 elderly patients in his care (by adminstering fatal doses of certain chemicals in the patients own home). He escalated to trying to alter people's wills and was finally caught , and the case was back tracked (the true death toll will never be known for sure .) All this about 10 years ago or so .

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