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Vaccine Makers “Immunized” Against Lawsuits: US Supreme Court

Submitted by on February 25, 2011 – 2:40 pm11 Comments

Pharmaceutical companies like Pfizer and Wyeth are happy, no doubt, with the recent Supreme Court decision protecting them from liability in vaccine-injury claims. The ruling was a blow to the Bruesewitz family who had been fighting for most of their daughter Hannah’s life to receive monetary damages when Hannah’s development noticeably slowed after some early vaccines. The ruling is founded on the existence of The National Childhood Vaccine Injury Act (1986) which allows families to plead with a special tribunal for possible compensation. Because of this program, the liability monkey is apparently off the vaccine manufacturer’s back.

Uh-oh! anyone see a pattern? These compensation programs get the victims out of Corporate’s hair and out of court and public view. Then, a panel (unclear how impartial it is, who sets it up, or who’s on the panel) gets to decide if a family has been injured and what monetary value their injury is worth. The decision is final; no more recourse. This same hush-money method (set up by BP) was used on Gulf residents who are now falling ill from the toxic oils and cleanup methods. However, Gulf resident claims were supposed to be regarding loss of income and the time to file claims expired before anyone noticed health crises develop. After a “compensation” program is implemented, big corporations can wash their hands of any damages and continue their business as usual.

The Court, Pharma, and physicians’ groups are still operating from a warped “end$ ju$tifie$ the mean$” mentality by not acknowledging damages and repeating mantras like “vaccines save lives.” If this is such a universally acknowledged truth, then why would one family suing for damages threaten the future of vaccines? ~Heath Freedoms

Drugmakers shielded from lawsuits: US Supreme Court

By Agence France-Presse Tuesday, February 22nd, 2011 — 4:11 pm

WASHINGTON – Vaccine makers are protected from lawsuits, the Supreme Court ruled Tuesday, dashing the hopes of a US couple who had sought monetary damages after their daughter fell ill after a round of routine childhood inoculations.

By a 6-2 vote, the US high court, in an opinion by written Justice Antonin Scalia, rejected the family’s argument that they should be allowed to sue drug maker Wyeth for not making a safer vaccine.

The case concerned Hannah Bruesewitz, who as a six-month-old infant received a series of injections to protect her against diphtheria, tetanus and pertussis, the illness also known as whooping cough.

The family, from the northeastern state of Pennsylvania, found that after the third injection, the cognitive development of their now-teenaged daughter slowed dramatically and she developed seizures and other health problems that continue to this day.

The family insists that the girl’s medical problems were a side-effect of the vaccine; Wyeth, the manufacturer, over the years has steadfastly denied any link exists between the girl’s condition and its vaccine.

The US high court ruled that the vaccine maker, which is owned by Pfizer Inc, the world’s largest pharmaceutical company, is not subject to the liability laws that govern some other products.

The court ruled that design-defect lawsuits were preempted by a 1986 law, the National Childhood Vaccine Injury Act, which created a national compensation program for vaccine-injury claims, and also gave vaccine makers protection from some lawsuits.The law allows for complaints to be brought before a special tribunal; the family early had pleaded and lost its case before that panel.

The ruling also affirms a lower court decision that also had found in favor of Wyeth.

In a statement, the American Academy of Pediatrics hailed the ruling.

“Today’s Supreme Court decision protects children by strengthening our national immunization system and ensuring that vaccines will continue to prevent the spread of infectious diseases in this country,” the physicians’ group’s president Marion Burton said.

“Today, the US Supreme Court affirmed what pediatricians have been advocating for decades” Burton said. “Vaccines save lives.”

Wyeth, meanwhile, in a statement released Tuesday said it also was “pleased.”

“We have great sympathy for the Bruesewitzes. We recognize, however, that the Vaccine Act provides for full consideration of the liability issues through the National Vaccine Injury Compensation Program.

“Here the Vaccine Court concluded that the petitioners failed to prove their child’s condition was caused by vaccination,” the company statement said.

The Bruesewitz Family

Hannah Sits Between Her Parents

http://www.rawstory.com/rs/2011/02/22/drugmakers-shielded-from-lawsuits-us-supreme-court/#

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11 Comments »

  • Laurie says:

    Refuse vaccines. Build up your immune system with health, organic, non GMO food and whole food supplements. Make sure your digestion and elimination are strong and you won’t need vaccines and you won’t get sick.

  • Debra says:

    The pharmiceutical companies are protected from any lawsuits, but if your child is affected, there is no one who will help you with your child and there is no legal recourse. Ususally when a child is adversely affected by vaccines, there isn’t a doctor who will say that it was caused by vaccine. I know three people who have been adversely affected by vaccines. No doctor would ever admit that these reactions were vaccine related. Also most of the doctors who sit on the panel that decide the pediatric vaccination schedule also either sit on the board or own large amounts of stock in the pharmaceutical companies. This should not be allowed, because it is a major conflict of interest. It is equivalent to congress voting for their own raises.

  • Silvia Thomas says:

    Agree with Laurie. Also, use MMS Miracle Mineral Solution on a daily basis which will help to cleanse your body of cancer cells and virus. MMS also will rid the body of the toxins that was injected with the vaccines. Go to

    http://jimhumble.biz/ or
    http://www.mmshealthyforlife.com/

    and learn how you can overcome ANY health problem if you keep at it diligently.

  • Lynda says:

    Also should make sure to limit use of antibiotics in children and if used, make sure to take probiotics which will help rebuild the gut and strengthen the immune system. There was found to be a link between antibiotics (and lack of breastfeeding which give the child good gut flora) in children and learning issues and autism, depression, adhd, etc. as the antibiotics kills the good and bad bacteria, fungus and other harmful microbes thrive, and without good bacteria from probiotics (good organic yogurt and even buy the kind with 8 or more beneficial bacteria) the gut starts to malfunction, nurtients don’t reach vital organs and the brain, and the bad flora and fungus take over. See the Gut and Pyschology Syndrome by Er. Natasha Campbell for the right probiotics and the kind of diet that will help any child (or adult) get their gut in order and their brain functioning well again.

  • [...] Monsanto stacks the deck in its favor with its most recent stunt: making farmers sign an agreement to take all responsibility for the results of their GM crops…forever. Gee, what is it lately with big corporations and government sloughing all product liability onto their benefactors? [1] [...]

  • Jo-Anne Rohn-Cook says:

    The liability for the vaccines should be enforced. And the companies should be held responsible for the damages of their products.

  • nick tilberg says:

    It is easy to say to another, ‘ just refuse the vaccine’. But I question that logic not for health reasons but for practicality. Many states require shot records before enrollment of a child into public education as do many private schools. Not everyone can or should home school their children. So how can one bypass the hurdle?

  • Marc says:

    Leave the country which mandates that what you do not want. Home school is good option anyway considering the values everage public school gives to your child.

  • [...] to get children vaccinated and pharmaceutical companies are literally getting away with murder. No one is holding the drug makers accountable for the damages in any real way. Any fines or legal recourse are usually nothing in [...]

  • Maria says:

    Kids !!!! These are our future leaders and teachers and adults. If 25% are on psych or pharma drugs now, the future is scary!

    I agree with Marc – home school your kids. Delete the word “depression” from your vocabulary as it is a fabricated illness designed to make you take drugs. If you need a lift – commit an act of random kindness and see if that doesn’t make you feel like a million.

    It is our world. We live here. Let’s make it better.

  • Jess says:

    you are putting your children, and other peoples children in danger by not vaccinating them…. simple as that. vaccine companies are getting away with things they shouldn’t be charged with in the first place. If there is scientific proof to back up parents statements then obviously there will be compensation. But most of these claims have no merit. Developmental disorders often come out during the stage when vaccines are administered. get your vaccine information from credible sources like the cdc and other research based institutions. If herd immunity goes below 80% we could have a major epidemic on our hands which would be devastating.

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