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SB277: What needs to be Considered in Sacramento

Dr. Ken StollerBy Anne Dachel

I've known Kenneth P. Stoller, MD for over a decade . He's a tireless advocate for recognition of the link between vaccines and autism.  He wrote the foreword for my book, The Big Autism Cover-Up--How and Why the Media is Lying to the American Public.

He's taken a very public stand on the issue of vaccine safety and I've covered it.

2013 Dachel Video Q&A with Dr. Ken Stoller: Does DC Care About Our Kids' Health

2007 Throwing Children into Oncoming Traffic: The Truth about Autism

Since Dr. Stoller practices medicine in San Francisco, he's very concerned about the push to end personal vaccine exemptions in California.  After studying the language of SB 277, the exemption bill, he concluded that even parents who try to get a medical exemption for their child also may be out of luck.  I asked him about what's at stake here.  Here's his answer.

Medical Exemptions and the Sponsored Legislative Drive to Eliminate Personal Belief and Religious Waivers of Vaccines. Or Stupid is as Stupid Does

By KP Stoller, MD

There is a law in the State of California called the Protection of Humans in Medical Experimentation Act. It goes into some detail about what is and what isn't permissible in realm of performing experiments on humans. I tried very hard to use it once only to find out that the law had nothing in it about who is responsible for enforcing the law.

Back in 1992 I tried to use it against the surgical team at Cedars-Sinai Hospital in Los Angeles when they transplanted a pig liver into a woman, who (if I remember correctly) was either semi-comatose or at best, cognitively compromised by her liver disease.  This would seemingly violate the law which stated that if you cannot give your own informed consent, or if you are a child, there would need to be a guarantee that the experiment would not make you any worse off than you were before.

The surgery was a success, but the patient died almost immediately afterwards.

Every law enforcement agency passed the buck saying that nowhere in the law was there a provision making them the enforcement arm of this part of the Health & Safety Code.

I met with Assemblyman Herschel Rosenthal, the author of the original bill, and he told me this was an oversight and invited me to rewrite the legislation. I was a new pediatrician  and didn't feel qualified to write law for the State of California. I had no idea at the time that California allowed anyone with money to write bills and get those bills turned into laws by funneling campaign contributions to the members of the legislative bodies. The whole system is basically bought and paid for, and you need no talent to do this. But I was young and naïve.  There I was being offered the chance to modify a California law and I didn't have had to pay anyone anything.

I missed my chance.

Currently, the pharma sponsored legislation known as SB 277 is up for a vote in the Assembly, and from there it will be sent to Governor Jerry Brown.  Those eagerly endorsing the bill may not understand that it has a big hole in it, just like the Protection of Humans in Medical Experimentation Act did.

The hole is that it allows for an individual child to claim a medical exemption from vaccinations without defining the parameters of that exemption. 

Are the medical exemptions to be based on the whim of a patient's physician or are they to be based on recommendations from the Department of Health and Human Services, the Public Health Service, and the Advisory Committee of Immunization Practices-as published in the CDC's MMWR?

Because there are problems with both of these, there needs to be clarification. Someone's whim is not a good idea, but neither is it a good idea to ask a primary care physician to document what component in any one of the vaccines may have caused an untoward reaction. If you took a child that had an untoward reaction to an unknown component in any of the  5 to 9 vaccines they were given on a previous occasion, how would the physician be able to document which component caused the problem?  They could not, and as much as they might want to sign a waiver, they wouldn't want to be held accountable for not following the rules for qualifying a patient for a general medical waiver.

Most physicians don't even know what ingredients are in vaccines.

What if parents already have a child they believe was vaccine injured and they are afraid to vaccinate subsequent children?  Will doctors support their position and exempt siblings?

There are other problems. 

Take a look at the form for a medical exemption in North Carolina.

Most single vaccine exemptions call for a previously recognized vaccine reaction.  In other words, vaccines already hurt this child.  How can a doctor specify which vaccine in the battery of 8 or 9 given in a single visit was the culprit? 

In the general waiver category for all vaccines, a physician can check off moderate to severe acute illness with or without fever.

What does that mean?

It means a child could get a general waiver for all vaccines if a parent asked for a medical exemption at the moment a child is ill.

To get a general medical waiver, all the parent has to do is bring the child in to the pediatrician to sign off on the waiver on the very day they're sick and they receive a general medical waiver.

That meets the letter of medical exemption rules set forth by the DHHS.  It would be legal. 

Is a parent going to get a physician to sign a general medical exemption waiver just because the child is coughing in his face or vomiting in his office? It's unlikely.  The doctor will probably tell the parent to come back when the child is well even if that means the child can't enroll in school on time.

No way will a physician sign off on that even though those are the rules set forth by the DHHS. Once the waiver is signed, it is good only until the next school year. I could go on giving one example after another of how the DHHS guidelines are not real world guidelines, but this isn't about guidelines or any guidelines. There are NO GUIDELINES.

SB277 has no guidelines about what constitutes a medical exemption or even the protection of physicians who find themselves faced with filling in the forms - even if based strictly on the DHHS guidelines as they now exist, which have a loop hole in them bigger than the Lincoln Tunnel and restrictions smaller than the eye of a needle.

The point I am making is elected officials should not vote for or sign off on such ambiguous legislation affecting every child in the state.

(KP Stoller, MD is Chief of Hyperbaric Medicine at the Hyperbaric Oxygen Clinic of San Francisco [www.hbotsf.org] and a Fellow of the American College of Hyperbaric Medicine)

While legislators and the governor are considering the ramifications of forcing California's children to be fully vaccinated in order to attend school, they might take heed something written by a mother, Caitlan Sullivan, on the Independent Voter Project website on May 25. 

Sullivan wrote, An Open Letter to Governor Brown: Please Support A Mother Right to Choose.

. . .Something is broken, Governor Brown. Our children have never been sicker, and our requirement for vaccines has never been higher. I understand correlation doesn't equal causation, but please point me to a study that shows the benefit of heavy metal exposure on the human body. Children in the U.S. are fraught with auto-immune diseases, deadly allergies, asthma, eczema, perpetual ear infections, and childhood cancers. Autism rates are staggeringly high (1 in 68).

According to the CDC, our infant mortality rate is higher than any of the other 27 first world countries! This wasn't the case 30 years ago. Don't you think we should figure out what is happening to our babies? I personally know four people that have lost their baby to SIDS. Is that normal?

While frightening facts like "28 percent of children younger than the age of 5 who contracted measles in the United States between 2001 and 2013 had to be hospitalized. Measles can cause pneumonia, lifelong brain damage, deafness, and death," flood the media, according to the Centers for Disease Control (CDC) data, 0 deaths have occurred resulting from the wild measles in the last ten years.

Meanwhile, according to data from the Vaccine Adverse Effect Reporting System (VAERS), a government-run program, over 100 deaths have occurred from the MMR vaccine. Any day of the week, I'd prefer to be "hospitalized" than die, or begin a lifetime of suffering a debilitating auto immune disease.

. . .The mainstream media loves to state that science has conclusively and repeatedly found that vaccines are safe for the overwhelming majority, but this is simply not true! Never has a true independent, double-blind placebo study been performed on the safety of vaccines.

Currently, the vaccines are not tested against placebos; they are tested against aluminum - or other vaccines! These studies are often funded and published by companies like the Lewin Group, a consulting firm that lists major vaccine manufacturers as clients. As you know, this is not how scientific studies are to be performed. The science is not in, Governor Brown!

As I'm sure you're aware, since 1986, vaccine manufacturers have been immune from liability in the United States and victims of vaccine injury must file with the VAERS system in attempt to be compensated through the federal program. Despite the lengthy and arduous process, the government has paid out over $3 Billion to the vaccine injured.

. . .I understand that this is a tough position for you to be in, but that doesn't waive your responsibility to support and defend the Constitution of the United States, to which you swore an oath. You are in a position to make a unique and lasting change to protect our children, and the way to do this is to demand answers, not force these unsafe, untested, pharmaceutical drugs on our children.

Here is a mother who clearly and succinctly explains to Governor Brown the down side of mandated mass vaccination. 

She questions the idea of a one-size-fits-every-child vaccination schedule that begins within hours of birth.  She's done her research.  She's looked at the science.  SB 277 scares her.  She sees that we have the most vaccinated kids on the planet and some of the sickest.  She challenges the safety claims, saying our vaccines are not adequately tested.  She cites charges of drug industry fraud regarding the mumps vaccine and corruption at the Centers for Disease Control and Prevention over their MMR research.  She reminds Gov. Brown that he has a responsibility to be fully informed on this issue before he makes any decision on SB 277.

Is anyone listening in Sacramento? 

Ken Stoller and Caitlan Sullivan have grave concerns about what elected officials are doing.  Here are two intelligent and informed individuals who are trying to educate those with the power to decide if parents should have the right to make health care decisions for their children.   

Comments

rtp

I don't understand why nobody has made anything of this.

The California Constitution guarantees that children get a public education. The only people who can waive that right art the parents (eg by choosing a private education or homeschooling) not the state obviously otherwise the constitution would be meaningless. Therefore no matter how sympathetic a judge is to the idea that unvaccinated children can't mingle with other kids at school because of public health concerns the state *must* still provide an equivalent alternative. As that would mean a fully qualified teacher that means that each local school board must provide one of these teachers for every newly homeschooled child.

The cost will be in the billions of course but that is not the problem of the parents but the state. In actual fact, if you Californians use this approach SB277 will in fact be the greatest piece of legislation ever. You all get fully qualified teachers for your now homeschooled kids (and get to avoid public schools), others will want to jump on the non-vaxing or partially vaxing bandwagon so the public school system will collapse and the disgusting, totalitarian, corrupt California government will go broke - most likely with lynchings ensuing for enacting this disastrous (for them) law.

So don't fight it. Embrace it. And tell Assemblymen and women that this is what you will do and they and the newspapers can explain to the people of California about how why they were too stupid to read their own constitution.

Rafael

Pharmaceutical Companies are the ones that are going to get the more money and power.

Sandi White

2 Responses to Here’s Why People Should Be Suspicious of Big Pharma

Sandi White says:
June 3, 2015 at 08:36
Baby Killers!
We are battling it out in CA the forced mandatory vaccine bill. Merck has it’s beginning with Hilter Nazi Germany and bio chemical war fare in World War 11. Pharmaceutical Companies carry an exemption given by Congress, since 1986 just as Autism was surfacing. Merck has been very busy paying Senator-Doctor Pan and 25 other Senators and Assembly members, along with the California Medical Association and to initiate the WHO.ORG Marketing Strategy Plan which is to focus on middle class Americans to create trillions and to secure these trillions by Legislation for vaccine bills. MD’s and Pharmaceutical Companies share profits. The CDC has stepped up the vaccine schedule and nobody is exempt, including new legislation to force adult vaccinations of regular citizens and health professional in the school system. American are customers and who is going to get the most dollars is the question?????
The first accomplishment by Dr.-Sen. Pan is the success as MD the only qualified party to give an exemption to opt out of the school vaccinations. The next huge piece is the Anti Parent Gardasil Bill. This new law allows a 12 year old to given the vaccine without parental consent. Why? Because once the deaths and physical impairments surfaced parents put the brakes on and said, ” Not my daughter or son.” Merck’s sales dropped into the millions robbing them of billion profits. The goal with WHO. ORG is get these sales to the trillions. Infants die a horrific painful death from the destruction of their gut health and paralysis of the diaphragm, until they stop breathing, and over the blood brain barrier causing hemorrhages of the brain, and toxins close down kidney and liver function, as two infants less than 30 days old died within the hour of receiving the HIV vaccine, recently. Hell bent MD’s push HIV and Hep B to meet the “within the 12 hour of birth” CDC Schedule. Instead of just checking to see if the Mother has Hep C or HIV…..they are needlessly killing our babies. What is also not known is that vaccines are sourced out to other countries for manufacturing…..to our enemies and countries who do not like the US very well. This is really a National Security Red Flag. But, Congress and State Legislature are pushing the Medical Mafia’s Agenda. Times Up in my book. I refuse to make my children an “offering” to the great good or give up my God given and Constitutional Right’s to Freedom so trillions by the medical mafia are made.

- See more at: http://americanfreepress.net/?p=24483#comment-23804

Leah

Regarding the negative comments on Obamacare. Its opponents were fine with huge numbers of citizens having access to no medical care whatsoever even though this is unprecedented in the developed world. As far as the autism/autoimmune community is concerned, it meant that unless you were on disability or lucky enough to be employed by one of the fewer and fewer companies providing benefits, you would as an adult be entitled to no medical care at all--autism, autoimmunity equal preexisting conditions that no insurance company would touch. Not so great either. Plenty of people are ok with that. I think it stinks. Try being an adult with ASD or an autoimmune issue. If you lose your job, are downsized, etc. you can end up losing every penny you have saved over a lifetime if you get in an accident or even have appendicitis.All this bashing of Obamacare should not that this was the case not that long ago and would have affected many who read this website.

Jeannette Bishop

Correction to my last post, it was Senator Mitchell who demanded someone point out the language that would deny a child an "appropriate" medical exemption.

Jeannette Bishop

It seems like whoever wrote this bill wasn't worried about the details, other than getting rid of personal and religious exemptions, and setting up an open track for adding more vaccines to the required list.

The big hole regarding medical exemption definitions maybe will help those with some influence and inside advantage get out of whatever vaccinations they want (or need to), but from my perspective it's not even as big as pin-prick size for our already vaccine-harmed children.

The existence of the concept of "medical exemption" though allows legislators like "show me where exactly in the bill is language that will not allow a child to get the appropriate medical exemption" Jackson to act like, and maybe truly believe, they are not forcing harm on any child (and I guess the Nuremberg Code only exists to give them a chance to demonstrate how much they know better?). And then, I suppose when any one is then harmed, they can then tell themselves and try to tell their constituents that it's the doctor's or the health bureaucracy's fault...

Benedetta

The ones that passed the Obama Care was not worried that they would be in the position to be part of it. Short sited because no one knows what the future will bring.

Which brings us to what is going to happen to the next generation because science or no science studies - it is obvious to me with no more than observations - Like Darwin on the Galapagos Islands; that inflaming immune systems of each generation is accumulative.

Bob Moffitt

Dr Stoller: "The point I am making is elected officials should not vote for or sign off on such ambiguous legislation affecting every child in the state."

Isn't this exactly how the Affordable Care act was passed .. remember .. "if you want to keep your insurance you can .. if you want to keep your doctor you can .."

As that widely quoted Professor stated .. lack of transparency was critical to the passage of the AFA ... and ... (paraphrasing here) .. the people are too stupid to understand the nuances anyway.

As Nancy Pelosi said: "We have to pass it first so we can learn what's in it".

AND THE BAND PLAYS ON .....

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