Autism’s Scapegoats
Alison Singer: Autism Mom, Pharma Wife

This Will Only Hurt For...Ever: Compulsory Vaccine Laws, Injured Children and No Redress

Legals Managing Editor's Note: Thank you to Kimberly J. Garde for sharing her paper from The Phoenix Law Review on compulsory vaccination.  Below is an introduction and the table of contents with a link to the full paper.

By Kimberly J. Garde

Ask new parents-to-be whether they hope their baby is a boy or a girl, and most will say, “We don’t have a preference; we just want the baby to be healthy.” Parents whose babies are born healthy undoubtedly feel as if their sole wish was granted. Eager to ensure the baby’s continued health, many parents will allow doctors to inject their new baby with vaccines within hours of birth.1 By four months old, a baby is likely to have received asmany as twelve vaccinations.2 A one-year-old child is likely to have receivedas many as twenty vaccinations.3 By age two, the number of vaccinations is twenty-five.4 By the time a child starts kindergarten, the child is likely to have received thirty-two vaccinations.5 Because vaccinations are mandated by governments, required by most pediatricians–strongly encouraged by pediatricians who do not require them–and believed by society and parents to ensure continued health, as many as ninety-three percent of children receive vaccinations each year.6

Tragically, for some otherwise healthy children, vaccines that are meant
to prevent illnesses sometimes cause injury.7 Families living in the aftermath of vaccine-related injury may find latent vaccine-law information sobering. From the hidden provisions of the United States Code proscribing pharmaceutical companies and federal government committee members,
children’s health may be at risk and their parents’ rights violated. Because of these problems, laws mandating vaccinations are unconstitutionaland must be reformed.

I. INTRODUCTION ............................................................................. 510
II. LIBERTY INTEREST IN REFUSING COMPULSORY VACCINATION .... 512
A.
Substantive Due Process Framework .................................... 512


B.
Historic Respect for Individual Medical Decision-Making ... 514
C. Application of Cruzan and a Parent’s Privacy Right to
Refuse Care to Compulsory Vaccination Laws ...................... 516
III. STATE INTEREST IN COMPULSORY VACCINATION ......................... 518
A.
Current State Laws................................................................. 518
B.
Compelling State Interests ..................................................... 519
IV. THEIMPACT OFTHE BURDEN ON PARENTS’RIGHTS ..................... 522
A.
Recommended Vaccinations Have Increased
Dramatically Over the Past Twenty-Five Years .................... 524
B.
An Alarming Rise in the Rate-of-Injury Trend for
Vaccine-Related Injuries in the United States ....................... 526
C. Current Exemption Statutes are Ineffective ........................... 527
D. Significant Conflicts within Government Agencies
Charged with Protecting United States Citizens.................... 528
1.
A Vaccine’s Road to FDA Approval............................... 529
2.
Statutory Safeguards Governing Advisory
Committees ...................................................................... 529
3.
Major Conflicts of Interest: The Rotashield Problem ..... 530
a.
Conflict in the FDA: The VRBPAC Problem ............ 533
b.
Conflict in the CDC: The ACIP Problem.................. 537
E.
Approval of Potentially Unsafe Vaccines is not Limited to
Rotashield ...............................................................................541
F.
The Government has Removed Individuals’ Abilities to
Pursue Traditional Methods of Redress ................................. 543
V. ANALYSIS ..................................................................................... 549
A.
Framework for Analysis ......................................................... 549
B.
Strict Scrutiny Analysis .......................................................... 550
1.
A Compelling State Interest: Controlling Disease .......... 550
510
PHOENIX LAW REVIEW [Vol. 3:509
2.
Legislation Must be Narrowly Tailored........................... 551
a.
Overbroad Legislation Can Lead to Unintended
Consequences ............................................................. 551
b.
Narrowly Tailored Vaccine Legislation is
Possible ......................................................................552
VI. CONCLUSION ................................................................................. 553
APPENDIX A: STATE BY STATE VACCINATION STATUTES ................. 555
APPENDIX B: TABLE OF STATE EXEMPTIONS .................................... 567
APPENDIX C: RECOMMENDED VACCINE SCHEDULE ......................... 568
APPENDIX D: NUMBER OF DEATHS,INJURIES, AND DISABILITIES ..... 571

The full paper is available in pdf format HERE

Kimberly Garde J.D., 2010, Phoenix School of Law; B.A. (Education), 2005, Arizona State University, summa cum laude. Vice Editor in Chief, PHOENIX LAW REVIEW, Vol. III. I am also the proud  mother of two sons. I began research on vaccine safety in 2001 while pregnant with my oldest child. I would like to thank my sons Keelan and Aiden; husband Jason; parents Kathy  and Robert Coffeen; and sisters Sarah Coffeen and Jennifer Johnson, all of whom have supported
and augmented my pursuit of knowledge. I also appreciate the feedback and advice I received during my research and writing of this article, for which I humbly thank Professor Jennifer Spreng, Nancy Coffeen, Barbara Ogden, Jeff Johnson, Lisa Huber, Susan Fuchs, Javier Leija, James Plitz, and Gabriel Hassen. My adorable niece Emily Coffeen continues to inspire me to research the safety of vaccines.
.

Comments

patrons99

I don't mean to swamp or monopolize this post with my comments, but the topic is very important.

"Imminent risk of harm" sure sounds like "clear and present danger", “unavoidably dangerous”, and “unavoidably unsafe” to public health posed by vaccine mandates.

“The legal situation regarding vaccine mandates is based on a 1905 case, Jacobson v Massachusetts which upheld the state's police power to fine people who do not accept a mandated vaccine. Jacobson did not raise the issue of vaccine safety!! Just the power to fine was questioned. The Supreme Court reserved to the Federal Courts the authority to intervene in vaccination issues. The high court held that the judiciary is “competent to interfere and protect the health and life of the individual concerned.” The issue has never been revisited by the court and it has never ruled on the situation where imminent risk of harm could be shown.” – Posted to AoA by: Ralph Fucetola JD | September 27, 2010 at 02:05 PM

Could a well-informed individual citizen draw up a legally-binding exemption and be prepared to go to court if an inoculation is mandated and administered against their will? Or alternatively, could injunctive relief be sought in either state or federal court to prevent a mandated inoculation? See the Bill of Rights to our U.S. Constitution. It is extremely likely that MANY more injuries will occur due to government-mandated inoculations. MIGHT the injured have legal standing to raise the issue of the Constitutionality of the government-mandated inoculation before the U.S. Supreme Court, should the need arise? See also the Federal Declaration Judgment Act.

http://federalpracticemanual.org/node/53


patrons99

Mandated “inoculations” represent the worst State Action imagineable! Mandated “inoculations” represent a “false flag” operation against the People! Mandated inoculations represent crimes against humanity. The sooner that the public makes this realization, the sooner the nightmare will come to an end. IMHO, mandated inoculations represent the single greatest threat to public health to date, bar none.

Please don’t blame the messenger. I know that my views are not shared by everyone on this board. My views are heart-felt, sincere, faith-based, and conscience-driven. I have no conflict of interest to disclose.

patrons99

The doctrine of "parens patriae" in which the state asserts authority over child welfare, should be revisited in the context of state vaccine mandates. The myths of vacccine-induced herd immunity and vaccine-preventable diseases are at the very core of pharma’s arguments to justify mandated “inoculations”. Our judges, justices, and legislators have been “duped” by these myths. I, too, was once duped by these myths. I had to educate myself thoroughly, on the subject of vaccine safety and effectiveness before I was able to discern myth from truth. The public has the ability to discern myth from truth, thru education gleaned not from the mainstream media, but from thorough review of dissenting viewpoints. A fair presentation of both viewpoints is not presently available from the mainstream media, or from the orthodox medical establishment.

http://www.cdc.gov/vaccines/vac-gen/policies/downloads/vacc_mandates_chptr13.pdf

“Garrett Hardin’s classic essay The Tragedy of the Commons3 describes the challenges presented when societal interest conflicts with the individual’s interest. Hardin notes the incentives present when the cattle of a community are commingled in a common pasture.”

Hardin G. The tragedy of the commons. Science 1968;162:1243–8.

“Finally, the general concept of a liberty interest in bodily integrity was first articulated by then- Judge, later Justice, Cardozo in Schloendorff v. Society of New York Hospital: “Every human being of adult years and sound mind has a right to determine what shall be done with his own body” regarding medical needs.55"

“...as long as the public health need for widespread vaccination exists, the courts will not recognize a privacy right to refuse state-mandated vaccination and will uphold the police power of states to mandate vaccination.”

The public should now DEMAND that a carefully-controlled fully-vaccinated versus completely unvaccinated comparison be conducted. Notwithstanding the urgent need for such a study, the unbiased, unconflicted data presently available, strongly suggest that the risk is far too great that the vaccine schedules and mandated inoculations are actually inducing more death, disease, and disability, than they are ostensibly “preventing”.

MAKE AUTISM STOP
MEDICAL FREEDOM NOW
VACCINES CAUSE AUTISM
END VACCINE MANDATES NOW
END MEDICAL FASCISM NOW
EDUCATE BEFORE YOU VACCINATE

patrons99

Mandated “inoculations” represent the worst State Action imagineable!

In my non-attorney opinion, federal civil rights are violated by vaccine mandates. Constitutional Due Process violation of the Fourteenth Amendment is violated by state vaccine mandates. They are unconstitutional.

An index case might be the Arizona 5. Arizona CPS and others, acting in concert, are State Actors. They are acting under color of official right. The Civil Rights Act of 1871 is found in Title 42, section 1983 of the United States Code and so is commonly referred to as section 1983. It provides that anyone who, under color of state or local law, causes a person to be deprived of rights guaranteed by the U.S. Constitution, or federal law, is liable to that person.

I pray for the Arizona 5. I pray that get competent legal representation. Has a Constitutional law firm been consulted? Is the U.S. Attorney's office involved? Why was there no injunction? They may need to appeal their case all the way to the SCOTUS. Dr Wakefield is the perfect spokesman for the court of public opinion. He has been there (understatement intended).

patrons99

Legal professionals and our legislators need to understand that "vaccine-preventable" diseases and vaccine-induced "herd immunity" are myths. These myths were created and promulgated by the CDC, WHO, and Pharma. Adequate legislative reform and proper judicial interpretation of the law cannot take place until this is understood.

“Avoidable illnesses are those illnesses that are preventable or induced as a result of denial of medical care, withholding of medication, or failure to immunize against typical childhood diseases Examples include sexually transmitted disease, Munchausen’s Syndrome by Proxy, Pediatric Condition Falsification, and deliberate failure to immunize against a vaccine-preventable disease. Inadequate nutrition is defined as a failure by the caregiver to provide nutrition that is adequate for growth and physical development. Examples include hunger, malnutrition, and failure to thrive due to poor nutrition.”

http://www.cdc.gov/ncipc/dvp/CM_Surveillance.pdf

"The great enemy of the truth is very often not the lie -- deliberate, contrived and dishonest, but the myth, persistent, persuasive, and unrealistic. Belief in myths allows the comfort of opinion without the discomfort of thought." ~ John F. Kennedy, 35th president of US 1961-1963 (1917 - 1963)

Promotion by pharma and the orthodox medical establishment of the myths of vaccine-induced "herd immunity" and "vaccine-preventable" diseases allows the comfort of opinion without the discomfort of thought.

patrons99

Pharma, CDC, and the Dark Lords of the vaccine industry have gone to great lengths to blame the victims of their crimes. This is beyond the pale. How can any civilized society not see thru their schemes and scams, for what they really are? Mandated inoculations are child abuse. Mandated inoculations represent assault and battery upon the citizenry. The Arizona 5 is a case in point. There are profound God-given inalienable rights at issue here. Mandated inoculations represent crimes against humanity.

http://www.ageofautism.com/2010/11/first-they-came-for-the-arizona-5-children-remoced-from-.html
http://www.ageofautism.com/2010/11/andy-wakefield-reports-on-arizona-5-recovered-autistic-children-wrenched-from-home.html

By the CDC’s own definition, “Child abuse is the physical, sexual, emotional mistreatment, or neglect of children.[1] In the United States, the Centers for Disease Control and Prevention (CDC) define child maltreatment as any act or series of acts of commission or omission by a parent or other caregiver that results in harm, potential for harm, or threat of harm to a child.”

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

“Child Maltreatment Surveillance - Uniform Definitions for Public Health and Recommended Data Elements”

http://www.cdc.gov/ncipc/dvp/CM_Surveillance.pdf

“The mission of the Centers for Disease Control and Prevention (CDC) is to promote health and quality of life by preventing and controlling disease, injury, and disability. Child maltreatment can result in direct physical, behavioral, social, and emotional harm and disability and is a risk factor for a range of other health risk factors that contribute to acute and chronic health problems. For example, research has shown that individuals who experienced multiple forms of child maltreatment early in life are more likely to engage in health risk behaviors such as smoking and heavy alcohol use. These health risk behaviors have been linked to poor health outcomes such as respiratory illness, liver damage, and cancer later in life (Edwards 2004). The ultimate goal of CDC’s child maltreatment prevention activities is to prevent child maltreatment before it occurs. To do this, CDC uses the public health model in which surveillance is the first step.”

“Avoidable illnesses are those illnesses that are preventable or induced as a result of denial of medical care, withholding of medication, or failure to immunize against typical childhood diseases Examples include sexually transmitted disease, Munchausen’s Syndrome by Proxy, Pediatric Condition Falsification, and deliberate failure to immunize against a vaccine-preventable disease. • Inadequate nutrition is defined as a failure by the caregiver to provide nutrition that is adequate for growth and physical development. Examples include hunger, malnutrition, and failure to thrive due to poor nutrition.”

E961 (all subcodes)—Assault by corrosive or caustic substance, except poisoning
E962 (all subcodes)—Assault by poisoning
E966—Assault by cutting and piercing instrument
E969—Late effects of injury purposely inflicted by another person
E995.55—Shaken Baby Syndrome

The ICD 10 codes for child maltreatment may include:

Y07.1—Other maltreatment syndromes by parent
Y07.2—Other maltreatment syndromes by acquaintance or friend
Y07.3—Other maltreatment syndromes by official authorities
Y07.8—Other maltreatment syndromes by other specified person
Y07.9—Other maltreatment syndromes by unspecified person

As is the case with ICD 9 codes, additional ICD 10 codes for Assault are commonly used for cases of maltreatment when the victim fits the age criteria for a child. Again, exercise caution because these codes do not always indicate maltreatment. The codes include:

X85—Assault by drugs, medicaments, and biological substances
X99—Assault by sharp object

AutismGrandma

Re: "1 By four months old, a baby is likely to have received asmany as twelve vaccinations.2 A one-year-old child is likely to have receivedas many as twenty vaccinations.3 By age two, the number of vaccinations is twenty-five.4 By the time a child starts kindergarten, the child is likely to have received thirty-two vaccinations."

I keep getting conflicting numbers regarding the vaccine schedule doses. The government sanctioned schedule shows 36 doses by age 18 months and post by David Burd states: "United States Recommended Immunization Schedule for Persons Aged 0 Through 6 Years lists the number of DOSES by 18 months age to be from 38 doses up to 43 doses." By your own calculation the number of vaccine doses by age 2 is 25.

Quite often information posted regarding the vaccine schedule will state "36 doses by age 6" which is ALOT different than 36 doses by age 18 months. Certainly we would have alot less autism and other vaccine injuries if indeed 36 doses were spaced throughout a 6 year period, but unfortunately that is not the case. My grandson had 27 doses by age one on a catch up schedule within a 6 month period so no wonder he regressed into autism.

Re Post by david burd: "Giving a colorful 8" x 11 1/2" Schedule to a "vaccination newcomer" showing this huge number of 38-43 doses by 18 months is quite effective, after their initial skepticism."

I hand out copies of the flyer form NVIC and everyone's jaw drops when you point this out, which tells me that no one is being informed at their pediatrician's office. Of course what doctor in their right mind would want the parents to know this because they would run screaming out of their office never to return.


AutismGrandma

Thank you Kimberly for sharing all of your hard work in researching this with everyone. This is invaluable for all of us. Based on your listed subtitles I bet the authors of Vaccine Epidemic would love to meet you.

I saved a copy of the full text pdf file on my computer just in case it might not be available later and also because I can file it this way in a place that I can actually find it later when I can study it. Since I am stuck with being our "lawyer" [ProSe] in the Vaccine Court right now, I know this information will help me to understand the legal issues much better. Since the Supreme Court ruling the Vaccine Court is even more of a joke now [a cruel joke] but I am not giving up until "the fat lady sings"...

Bev

I think we need to be aggressive in our fight against mandatory vaccination. I for one would like to have the means to start a school for un-vaccinated children only. I wonder if we have the constitutional right to do such a thing? Just a thought...

Henderson

How I wish you were my sister.

Theresa O

...meant to say "cost of Research and Development"...

Theresa O

cmo,

Here is the vaccine price list from the CDC:

http://www.cdc.gov/vaccines/programs/vfc/cdc-vac-price-list.htm

Most are around $20 in the private sector, but they range from around $10 to $100. Of course, for most people, insurance covers the cost, so these expenses aren't out-of-pocket.

It's interesting to think about the cost of the vaccination program as a whole, including the cost of R the cost of production; the cost paid by insurance companies, Medicaid, and out-of-pocket by the uninsured to purchase the shots themselves; the salaries of the nurses who administer them; and, of course, the opportunity cost of what each of the people involved could have been pursuing instead.

cmo

Thank you David for posting the CDC schedule...

Does anyone have a list the typical costs of each of the vaccines ???

http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5751a5.htm

patrons99

"Because of these problems, laws mandating vaccinations are unconstitutional and must be reformed."

Bravo Counselor Garde! Thank you so much for sharing your legal insights with us. My non-attorney mind will need a bit of time to fully digest your article. I have for quite a while now, intuitively and spiritually believed that laws mandating vaccinations are unconstitutional and must be reformed. You have my highest praise for your effort in this regard.

Kimberly J. Garde

David, I included flu shots at 6 months, 18 months, and annually thereafter. The footnotes for each figure I give detail which shots are included. Table 2 (in the Appendix) also shows which doses are received at which age per the schedule. I hope this information is helpful.

david burd

Kimberly, Thank you so much for your efforts. You tally up the "vaccinations" by age 4 months, etc., but it's not clear whether you include the flu shots recommended since 2003 with the first shot at 6 months, a 2nd shot at 7 months, and a 3rd shot at 18 months, on and on.

Also, the Immunization Schedule Footnotes for many years has allowed 4th HepB by 6 months, a 2nd Varicella by 19 months, and a 2nd MMR by 18 months.

To me, it's vital the AoA Community knows (and let's many others know) the United States Recommended Immunization Schedule for Persons Aged 0 Through 6 Years lists the number of DOSES by 18 months age to be from 38 doses up to 43 doses.

Giving a colorful 8" x 11 1/2" Schedule to a "vaccination newcomer" showing this huge number of 38-43 doses by 18 months is quite effective, after their initial skepticism.

Here is the 2009 Schedule typical for the last 8 years (the latest 2011 is the same):

http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5751a5.htm

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