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Congressional Briefing Thursday on Vaccine "Court"

DcEditor's Note: Mary Holland and Rolf Hazlehurst will be featured Thursday at a Congressional briefing at noon in the Rayburn House Office Building, Room 2203. The event will serve as a preview for the House reform committee hearing next month on the vaccine injury "court," which Congress created in 1986 and now, for the first time, is taking a look at what it hath wrought. It isn't pretty. Staffers will get a look at the new video on the court's dysfunctional functioning, narrated by Rob Schneider, and an even newer one on Gardasil's damaging but widely dismissed effects on so many young women. Hope to see you there if you're in town. -- Dan Olmsted.

There is a FB event you can read HERE.  Please contact your Representative and ask him or her to send a staffer - the directory for Congress is HERE.

Since the 1980s, thousands of children have suffered irreparable injuries or death from federally recommended vaccines. Vaccines are “unavoidably unsafe” and yet the federal government recommends that children receive 70 doses before age 18. Childhood rates of chronic disease, including autism, ADHD, asthma and severe allergies, are exploding. These disorders cost the nation trillions of dollars. Medical and scientific experts have presented credible evidence linking these disorders and diseases with vaccine injury in the VICP.

Come learn about how this system has become a politicized, arbitrary and capricious program that victimizes those who have suffered from federally recommended vaccines. In a program that Congress intended to be swift, generous and non-adversarial, cases routinely last more than a decade; over 80% of petitions go uncompensated; and Health and Human Services and the Department of Justice flagrantly antagonize families who have suffered catastrophic injuries.

The VICP exhibits manifold failings: the normal rules of civil procedure and evidence don’t apply; Special Masters routinely slash lawyers’ and experts’ fees; the Special Masters, appointed to four-year terms, lack judicial independence; limited science is available to petitioners, although HHS maintains vast databases; there’s no jury of citizen peers; and the government has no burden to prove alternate causation. And these are just some of the problems.



Despite vociferous denials from government and industry, hundreds of published scientific articles highlight the causal links between vaccine injury and the chronic conditions from which today’s children suffer. At this briefing, we will review the fatal flaws in the VICP as a program intended to do justice, and we will review the compelling science linking vaccines and chronic childhood conditions.

Almost a year ago, on November 29, 2012, Congress held its first hearing on the relationship between vaccines and autism in almost ten years. Next month Congress will hold a hearing to investigate the manifest injustice that the Vaccine Injury Compensation Program is imposing on all those who receive federally recommended vaccines. Those who know vaccine injury firsthand include doctors, nurses, researchers, lawyers, parent advocates – in short, your family, friends, neighbors and co-workers. We care about our children, and about our country’s future. We know you care too. Please join us.

Congressional Staff Briefing
Nov 7th, 2013
Rayburn House Office Building Room 2203
Time 12:00 pm
1:00pm-2:00pm Panelists available for discussion
Expert Panel
Food & RefreshmentsQ

Comments

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Don't know if this petition will help Congress act faster, but it could help get the word out.

http://www.thepetitionsite.com/466/236/380/congress-dont-postpone-vaccine-injury-hearings-any-longer/

It is illogical to expect good quality vaccines from companies who are not held accountable in the same way it is illogical to expect people to pay taxes if there were no IRS. If we could only sue as the Constitution says so, we would not be in this mess. It should be unlawful to make a ruling against the constitutional rights of U.S. citizens. The Constitution plainly states we are entitled to have a jury of our peers for a reason. The forefathers came from countries where this was not done and saw the travesty that we are now in. Understand, we can not go on like this. What will we do when autism is 1 out of 2? It is currently 1 out of 50.

HPV causes that issue,
HPV if their is no acquired immunity to hpv how did they make a vaccine

developing the ability to never get that disease again

yes a particle of hpv is in those vaccines

merck has a mental illness


Gardasil never went through all its testing
protocols to assure HUMAN SAFETY
no agency could assure HPV VACCINE safety

the evidence could not back HPV Vaccine safety because
the testing was what they use in court

Will anyone (which site?) be publishing a list of who attended? I called my rep and if the office sent someone I want to call/write back and thank them...

Thank you Bob Moffit for reminding us of Justice Sotomayer's clear and resounding dissent.

And it occurs to me that WE are now the only ones monitoring the safety impacts of this industry's drugs.

cmo,

Yes, a vaccine excise tax exists for certain vaccines:

"Funded by a $0.75 excise tax on vaccines recommended by the Centers for Disease Control and Prevention for routine administration to children. The excise tax is imposed on each dose (disease that is prevented) of a vaccine. Trivalent influenza vaccine for example, is taxed $0.75 because it prevents one disease; measles-mumps-rubella vaccine, which prevents three diseases, is taxed $2.25.

The Department of Treasury collects the excise taxes and manages the Fund’s investments." From http://www.hrsa.gov/vaccinecompensation/index.html

Check out the mind boggling balance sheets here, posted in September 2013. ftp://ftp.publicdebt.treas.gov/dfi/tfmb/dfivi0913.pdf

Will we be able to watch through the internet?

The reality is that the VAERS database to date has 438,857 reported events since 1989-1990

http://www.medalerts.org/vaersdb/findfield.php?TABLE=ON&GROUP1=AGE&EVENTS=ON

and it is a passive recording system listing perhaps 1 or 2% of events according to professional assessments of the effectiveness of passive recording systems:

http://www.vaccinationnews.com/Books/Adverse_Reactions/vaers/credible_estimates.htm

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1293280/

On the other hand the VICP has only compensated 3,412 cases in the period.

http://www.hrsa.gov/vaccinecompensation/statisticsreports.html

This is an inherently negligent "hit and run" system, in which the burden of proof is on the helpless victims. What would happen if there was active monitoring of events?

Good points, CMO about the paltry portion of vaccine costs that goes toward vaccine court- not keeping up with inflation and not considering the number of actual vaccines per injection.
Per Ted's point I hope that these members of Congress realize just how many children are affected by autism at this point- It has become staggering in number and Ted is right; the statistics have moved from just being statistics to involving many people that you know.

The following are statements regarding a citizen's right to pursue justice in State and Federal courts.

Ryland v. Shapiro 1983:

"The right of access to the courts is basic in our system of government, and it is well established today that it is one of the fundamental rights protected by the CONSTITUTION"

(caps are mine)

Doctrine of Standing as written by Justice Antonin Scalia:

"The degreee to which the courts become converted into political forums depends not merely upon what issues they are permitted to address, but also upon when and at whose instance they are permitted to address them".

Inexplicably .. notwithstanding writing the Doctrine of Standing above .. Justice Scalia .. supported by Justices Roberts, Kennedy, Thomas, Breyer and Alito .. then wrote the 6 - 2 decision that effectively denies parents their CONSTITUTIONAL RIGHT to seek legal redress in State and Federal Courts .. even though he had determined that vaccines are "unavoidably unsafe".

To my uneducated mind .. Justice Scalia appears to have willfully abandoned his previously held Doctrine of Standing .. and .. made a purely "political" decision to protect public health agencies and vaccine manufacturers .. rather than the injured parties .. the parents and children.

Shame on him.

Here is Justice Sotomayer's (who was joined by Justice Ginsberg)dissenting opinion:

"Vaccine manufacturers have long been subject to a legal duty, rooted in basic principles of products liability law, to improve the designs of their vaccines in light of advances in science and technology. Until today, that duty was enforceable through a traditional state-law tort action for defective design. In holding that S22(b)(1) of the National Childhood Vaccine Injury Act of 1986 pre-empts all design defect claims for injuries stemming from vaccines convered under the Act, the Court imposes ITS OWN BARE POLICY PREFERENCE OVER THE CONSIDERED JUDGMENT OF CONGRESS. In doing so, the Court excises 13 words from the statutory text, misconstrues the Act's legislative history, AND DISTURBS THE CAREFUL BALANCE CONGRESS STRUCK BETWEEN COMPENSATING VACCINE-INJURED CHILDREN AND STABILIZING THE CHLDHOOD VACCINE MARKET. ITS DECISION LEAVES A REGULATORY VACUUM IN WHICH NO ONE ENSURES THAT VACCINE MANUFACTURERS ADEQUATELY TAKE ACCOUNT OF SCIENTIFIC AND TECHNOLOGICAL ADVANCEMENTS WHEN DESIGNING OR DISTRIBUTING THEIR PRODUCTS. Because nothing in the text, structure, or legislative history of the Vaccine Act remotely suggests that Congress intended such a result. I respectully dissent."

(Again, CAPS are mine)

This decision is the reason that vaccine manufacturers are dismissive of emerging science has identified "pig viruses" in childhood vaccines that were undectable in previous vaccines. So what .. they cannot be sued.

I believe 75 cents for each vaccine injected goes into the Vaccine Court fund. This number has been the same for nearly 30 years now..

Is the MMR considered one vaccine or three ? Which would mean pharma would have to pay in $2.25 for each MMR given.

In 2009, 130 million doses of H1N1 vaccine were thrown away (paid for in full by the US govt)

I assume no donation to the Vaccine Court fund were made on the money given to Pharma, they still claim it was a killer pandemic....

To All:
Yes, the statistic of post-vaccination autism shows that vaccines are tools of genocide, nothing less. I also believe we must demand that Congress strips the CDC their usurped "rights" to dictate whether, when and how parents should vaccinate their children. Vaccinations must be totally voluntary like it is in Western EU countries. Besides, vaccines are primitive 19th century pseudo-medicines, they don't cure, don't protect, but kill and injure.

There was a promise in the informed consent that any child harmed from vaccines would be compensated in a monetary amount to provide treatment and care. But, later, all I did was submit reports and reports about a permanent injury, with no response other then to ask if the harm continued and the injury was permanent. I do not think this "court" should be abolished. I feel the go government should keep their promise. It hurts when in good faith a promise was made and then not kept. Not only monetarily, to deep to the depth of our soul. Don't make excuses, just keep the promise!!!

Off topic but I just learned yesterday that in my daughter's 5th grade class of 16 (10 girls), three of the girls have autistic brothers. Our new housecleaner has an autistic son. The mere statistics are becoming more and more personal.

Hello Dan, thanks for this update.

For those who continue to believe that mercury-laden vaccines are the primary or only culprit in the epidemic of autism (as is the position of some here at AoA and SafeMinds), I respectfully offer this comment--this is simply not true and shortsighted. Hopefully the hearing will expose more than just an "ingredient" or "manufacturing-error" based argument. Vaccines are inherently, historically, and scientifically proven to be TOXIC, do not and never have conferred true immunity, and have never been proven to enhance or "protect" the health of any human being.

I've been thinking about this, and currently the vaccine court is set up so that denying claims is always the easiest and least embarrassing solution for the government.
Perhaps if we gave people full rights to sue as with any other product; IF they are denied by the vaccine court; then
the least embarrassing solution for the government would also become the fairest one; i.e. give anyone who has a reasonable case compensation, or let the pharmaceutical companies defend themselves in court.
At that point one would expect that pharmaceutical companies and the government would be falling over themselves so as to compensate people and keep them out of court with the attendant requirements of full disclosure and testifying under oath...

No Vac, I agree the vaccine court needs to be abolished since it is ineffective to say the least, and really not a court at all, other than a dead end for those that are vaccine injured.

Sad they waited so long to inform us of the briefing if they wanted our reps to attend.

no-vac,
The whole society pays alright! In terms of special education and so many other areas this problem has got far too costly too ignore!

Rather than getting into a vax debate challenge the constituionality of vaccine court!

The same week the United States Supreme Court denied autism families the ability to sue for vaccine design flaws, the Supreme Court allowed cases of injury due to flaws in their seatbelt design that led to injury and death against car manufacturer Mazda to go forward. Like vaccines, seatbelts are mandated in many states. Like vaccines, the purpose of seatbelts is to keep people safe. Yet car manufactuers do not have their own a special court system. They must go through the legal process like everyone else.

I think the vaccine circus court is unconstitutional because it's existence denies our kids their right of due process in a court of law, before a judge and trial by peers. These Special Masters are not even judges. So if we are going to make an argument we should challenge the consituionality of the US Vaccine Court and cite exampls of other industries that have no separate legal process. No other industry in the country has a special court set up for themselves. This directly conficts with contitution which is the prevailing law.


U.S. Supreme Court Ruling Lets Mazda Seatbelt Lawsuit Proceed, But What Does It Mean?
http://www.thecarconnection.com/news/1055856_u-s-supreme-court-ruling-lets-mazda-seatbelt-lawsuit-proceed-but-what-does-it-mean

another quango set up to make pharma more untouchable..

I think there should be a proposal to abolish this circus court so the parents could sue the drug companies for injuries and deaths caused by their toxic vaccines. Currently the whole society pays for crimes of big pharma and CDC bureaucrats. This can't be tolerated any longer.

Regarding the lack of judicial independence of the Special Masters and the bias of the vaccine injury “court”—please ask congress to look how this “court” is part of the same federal government that purchases and distributes flu vaccines with heavy metal mercury for children.

See “The CDC Buys and Distributes Heavy Metal Mercury Preserved Flu Vaccines for Children,” 8.28.2013, http://www.ageofautism.com/2013/08/the-cdc-buys-and-distributes-heavy-metal-mercury-preserved-flu-vaccines-for-children.html .

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