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DC Press Conference March 3: Bruesewitz Family to Discuss Supreme Court "No Liability" Vaccine Ruling

Marshall Vaccine Safety and Autism Advocacy Organizations To Denounce U.S. Supreme Court’s Landmark Ruling: F amily of Hannah Bruesewitz Speaks Out, First Major News Conference Post-Decision

Press Conference Thursday, March 3 at 2:00 p.m. at the U.S. Supreme Court

(Washington, D.C.)  Russ and Robalee Bruesewitz, parents of Hannah Bruesewitz, along with vaccine safety and autism leaders Mary Holland, Esq. and Louise Kuo Habakus will hold a press conference on Thursday, March 3, 2011 at 2:00 p.m. in front of the U.S. Supreme Court. They will denounce the Court’s ruling last week in Bruesewitz v. Wyeth.  Vaccine-injured children are now denied the right to sue for defectively designed vaccines in civil court.

The Supreme Court’s decision will erode public confidence in childhood vaccines. On behalf of over 100,000 concerned citizens, advocates, and professionals, these leaders urgently call for vaccine policy reform.

Where:            U.S. Supreme Court, 1 First Street, NE, Washington, D.C

When:             Thursday, March 3, 2011 at 2:00 p.m.

Organizations that signed an amicus brief on behalf of Hannah Bruesewitz:  Age of Autism; Autism Action Network; Autism One; Autism File; Center for Personal Rights; Citizens for Health; Coalition for Mercury-Free Medicine; The Coalition for Safe Minds; the Elizabeth Birt Center for Autism Law and Advocacy (EBCALA); Generation Rescue; International Medical Council on Vaccination; National Autism Association; National Economic and Social Rights Initiative; National Gulf War Resource Center; National Vaccine Information Center; New Jersey Coalition for Vaccination Choice; New York Alliance for Vaccination Choice; NoMercury; Pandemic Response Project; Schafer Autism Report; Talk About Curing Autism; Truth About Gardasil; Veterans for Common Sense.

 UPDATE: It will be streaming live:  http://www.ustream.tv/channel/vaccinejustice

Comments

Amanda Blinn

Thank you to the Bruesewitz family for fighting for us all. All vaccine damaged families lost with you.

David Snyder

Anyone else notice the complete absence of Autism Speaks from the list of organizations signing a brief on behalf of Hannah Bruesewitz? Their silence on all of this screams volumes! How I would love to see one tenth of all their money actually going to help kids, rather than pay all their fat salaries.

AutismGrandma

THANK YOU Russ and Robalee Bruesewitz Mary Holland, and Louise Kuo Habakus for standing up for us against the Supreme Court of the United States of America. And I wish that we could send you a marching band to support you...

I just watched a video on YouTube of Firefighters in Kilts with bagpipes playing "America the Beautiful" in the Madison Wisconsin labor rights protests. I have never been a member of any political party, but I find it inspiring that 78,000 people can still come together in freezing cold weather to say "NO".

As I watched all of these people gathering and marching I was thinking of our autism and vaccine rights communities, and I said to myself "If Americans really understood the truth about the vaccine issues they would come together and protest like these people are doing...if they only knew, they would certainly take a stand to protect their children!!!"

Here's the video; It really gets going at 1.15 when the bagpipe musicians start playing "America the Beautiful" (braving the winter weather with all that cold air blowing up their kilts:)

http://www.youtube.com/watch?feature=player_embedded&v=l6hZA0c4cDE


Theresa O

Maybe I'm crazy, because I'm still thinking that this suit could see the inside of a courtroom, but on grounds other than "design defect." It seems to me that Wyeth may be liable under "failure to warn."

From the petitioner's brief, document 09-152 (which another commenter posted a while ago):

"The vaccine dose Hannah received came from a
lot associated with an unusually large number of
adverse events. By the time of her inoculation,
VAERS reported 1 death and 30 adverse events, including
8 reports of convulsions, from the lot; those
numbers later rose to 2 deaths and more than 60 adverse events (including 39 emergency room visits).
See JA202-03. Wyeth and Lederle apparently took
deliberate steps to obscure adverse events associated
with particular lots of vaccine. Internal correspondence
in the 1970s suggested that the company
report adverse events individually rather than in
a summary fashion, stating that “[w]e would not
want several cases in a summary [to] be discovered
by Plaintiff’s counsel.” JA267; see also JA252-53.
Another internal memorandum was written after
eight children in Tennessee died within one week of
receiving the DTP vaccine. See JA268-69; see also
JA252-53. It noted that, after the incident, senior
management agreed to “limit[] distribution of a large
number of vials from a single lot to a single state,
county or city health department.” JA268. Hannah’s
physician testified that she would not have administered
the particular vaccine dose to Hannah had she
known that it came from a lot associated with such a
large number of adverse events. See JA203." (pp. 20-21 as numbered, or pp. 38-39 of 77 pages in PDF)

Now that seems as if it falls under (from the "authorizing legislation," the 1986 Act):

Subpart B: Additional Remedies
Sec. 300aa-22
(b)(2)"the plaintiff shows"
(B) "that the manufacturer failed to exercise due care"

Sec. 300aa-23
(d)(2) "the manufacturer engaged in"
(B) "intentional and wrongful withholding of information relating to the safety or efficacy of the vaccine after its approval"

Of course, the Bruesewitzes were doomed as soon as their lawyers said "Her medical records note that
she was lethargic, exhibited autistic-like features,
and was developmentally delayed." It is like the magic word that makes everyone's brain turn off (except, apparently, Sotomayor and Ginsburg), because we've all been told by Paul Offit and Time magazine that vaccines don't cause autism.

On a related note, does the Supreme Court decision in Bruesewitz v. Wyeth mean that Ferrari v. American Home Products (in which the design defect was the use of thimerosal) is also done for?

Autismisvaccineinjury

The Executive Branch, the Legislative Branch and now the
Judicial Branch in this country have all gone insane---

Theresa O

See, now, the pig virus contamination is different, because it's not part of the design. I would think that the inclusion of pig viruses would indicate that the rotavirus vaccine was not "properly prepared."

The sad thing is that it will likely be many years before any solid data is available to indicate what, if any, harm the pig viruses did to the people who received them. SV40 (polio vaccine contaminant) is a good example of this--many people who received the contaminated vaccines were dead and gone before there was a scientific consensus (and the CDC still denies it) that SV40 in polio vaccine caused human cancers.

It really does seem that you can't win.

Bob Moffitt

It is a sad day when a majority of Supreme Court Justices vote to protect the vaccine industry .. rather than protecting the children from "unavoidably unsafe" vaccines .. such as.. rotovirus vaccines known to be "unavoidably" contaminated with two distinct strains of pig viruses.

Hard to believe that rotovirus vaccines cannot be manufactured without pig viruses cont

Media Scholar

Stock prices are soaring and the news is full of new experimental vaccine contracts being inked between the federal government and the vaccine manufacturing drug companies.

Wow I did not know the Supreme Court is actually a senior business partner of the vaccine marketplace and not more related to justice.

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