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Legal Immunity Set for Swine Flu Vaccine Makers

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Department of Health and Human Services Secretary Kathleen Sibelius has not only given immunity to the makers of Tamiflu and Relenza for injuries stemming from their use against swine flu, she has granted immunity to future swine flu vaccines and “any associated adjuvants”.

The last time the government embarked on a major vaccine campaign against a new swine flu, thousands filed claims contending they suffered side effects from the shots. This time around, they will have no recourse.

The 2006 Public Readiness and Emergency Preparedness Act (the PREP Act) allows the DHHS Secretary to invoke almost complete immunity from liability for manufacturers of vaccines and drugs used to combat a declared public health emergency.

The PREP Act removes the right to a trial jury unless a plaintiff can provide clear evidence of willful misconduct that resulted in death or serious physical injury -- and gets permission to sue from the DHHS Secretary.

But once the PREP Act is invoked to shield manufacturers from liability, the pharmaceutical firms have no financial incentive to make the safest product, and have a negative incentive to test it for safety. As long as they do not deliberately harm consumers of the product, they will not be liable for damages.

Meanwhile, while the U.S. Centers for Disease Control and Prevention hoping to have 120 million doses of H1N1 swine flu virus vaccine ready before flu season this fall, some are raising concerns over what they see as an effort to rush the drug through safety trials.

The source of many of these concerns is the probability that the mercury-containing preservative thimerosal will be an ingredient in some of the doses of the new vaccine.

Groups opposed to current vaccination practices condemn thimerosal as a toxin responsible for the development of autism and related ailments in children. Additionally, the possibility that the swine flu vaccine could also contain an adjuvant, an ingredient that would allow more doses to be created from existing supplies of the vaccine, has also worried these groups.


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Dr. Mercola's Comments:

As I’ve stated before, I’m not anti-vaccine, but rather pro-vaccine safety and choice. Both of the issues above – vaccine makers being inoculated against lawsuits, and the fast-tracking of vaccines that contain documented dangerous ingredients – are surefire ways to ensure that vaccine safety is largely ignored.

Add to that the potential for mandatory swine flu vaccinations and the probability for disaster skyrockets.

A Show of Political Power and Greed, at the Cost of Human Lives

Prior to October 1, 1988, if you or your child were injured by a childhood vaccine you were allowed to file a lawsuit against a vaccine manufacturer to receive compensation.

Because of such lawsuits, vaccines turned out to be a costly venture for pharmaceutical companies, who threatened to pull out of the vaccine business altogether.

This led to the creation of The National Vaccine Injury Compensation Program (NVICP), the so-called “vaccine court.” This program has boosted vaccine sales growth immensely since its induction, largely because manufacturers now have zero liability for the products they produce.

If your child becomes seriously injured or dies after receiving a childhood vaccine, the vaccine maker is completely shielded from liability. Even if you’re actually awarded compensation through NVICP, it is the taxpayers who pay, NOT the vaccine makers.

But that was for childhood vaccines.

What we’re looking at now is the complete removal of liability for so-called pandemic vaccines, all adjuvants, and antiviral medications such as Tamiflu and Relenza.

In fact, ANY product used to fight "an epidemic" is protected under this law, and the government decides what drugs fit the bill.

It is a blatant demonstration of just how powerful the corporate drug interests have become. Indeed, with the largest political lobby in Congress, their influence is so great they have been able to manipulate numerous laws that now insulate them from any responsibility in harming or killing people in their relentless drive to earn profits, without regard to human health or well-being.

Think about it… They can now release a vaccine (or any other pandemic drug for that matter) that has not passed any kind of rigorous safety testing, and not be held liable for any damage that occurs as a result.

How can this possibly be in the best interest of the people?

Why Vaccine Makers Now Have ZERO Incentive to Ensure Safety

Drug manufacturers got a major boost in protection and were granted unprecedented powers to experiment on the population with the passing of the 2006 Public Readiness and Emergency Preparedness Act (the PREP Act).

This law allows the DHHS Secretary to invoke almost complete immunity from liability for manufacturers of vaccines and drugs used to combat a declared public health emergency.

The PREP Act removes your right to a trial jury unless you can provide clear evidence of willful misconduct that resulted in death or serious physical injury. But that’s not all. First you must apply for and be granted permission to sue by the DHHS Secretary.

The most problematic aspect of the PREP Act is that it removes all financial incentive to make a safe product.

In fact, vaccine makers now have a negative incentive to test it for safety, because if they are aware of problems, then they could potentially be held liable for willful misconduct!

As long as they can prove they “didn’t know” of any problem, they will not be liable for damages. Hence it’s in their best interest to know as little as possible about the adverse reactions it might cause.

It seems unimaginable, but you and your children are now being enlisted as an unpaid human trial subjects for experimental, fast-tracked vaccines.

As GlaxoSmithKline stated earlier:

"Clinical trials will be limited, due to the need to provide the vaccine to governments as quickly as possible. Additional studies will therefore be required and conducted after the vaccine is made available." [Emphasis mine].

This means that any time you get vaccinated you essentially agree to be a human guinea pig, and if your health suffers you have virtually no legal recourse whatsoever.

Do You Know What’s in That Flu Shot?

Most seasonal flu vaccines contain dangerous levels of mercury in the form of thimerosal, a deadly preservative that is 50 times more toxic than regular mercury. Most of the swine flu vaccines will also contain thimerosal, although they will reportedly make a limited number of doses available that are thimerosal-free.

If taken in high enough doses, thimerosal can result in long-term immune, sensory, neurological, motor, and behavioral dysfunctions.

Disorders associated with mercury poisoning include:

  • Autism
  • Attention deficit disorder
  • Multiple sclerosis
  • Speech and language deficiencies

It can also predispose adults to neurological problems such as Alzheimer’s disease and dementia.

The Institute of Medicine has warned that infants, children, and pregnant women should not be injected with thimerosal, and yet the majority of flu shots contain 25 micrograms of it, and this year you and your children may be exposed to as many as FOUR flu shots in quick succession.

Meanwhile, the EPA “safe” level of mercury is only 0.1 mcg/kg per day.

But an overdose on thimerosal is not the only concern when it comes to flu vaccines. Other toxic substances found in various flu vaccines include:

Ethylene glycol (antifreeze) Triton X100 (detergent)
Formaldehyde – a known cancer causing agent Resin and gelatin - known to cause allergic reactions
Neomycin and streptomycin (antibiotics) Phenol (carbolic acid)
Aluminum -- a neurotoxin linked to Alzheimer’s disease Polysorbate 80 (Tween80™) – which can cause severe allergic reactions, including anaphylaxis

Many of the swine flu vaccines being manufactured will also contain dangerous adjuvants -- additives designed to generate a stronger immune response to the vaccine.

Novartis, for example, announced it is using the adjuvant MF59® in its swine flu vaccine. The MF59® adjuvant is oil-based and contains Tween80, Span85, and squalene.

In studies of oil-based adjuvants in rats, the animals were rendered crippled and paralyzed, and squalene brought on severe arthritis symptoms.

In human studies, 10 to 20 ppb (parts per billion) of squalene had a severe immune system impact and caused the development of autoimmune disorders.

I recently posted an in-depth report on squalene. If you haven’t read this article, I suggest you do so now. It contains crucial information about the health risks associated with injections of vaccines containing squalene.

But despite all the existing evidence, the World Health Organization (WHO) is actually promoting and encouraging the use of oil-based adjuvants such as squalene. In a July 13 WHO swine flu pandemic briefing note, they state:

“In view of the anticipated limited vaccine availability at global level and the potential need to protect against "drifted" strains of virus, SAGE recommended that promoting production and use of vaccines such as those that are formulated with oil-in-water adjuvants and live attenuated influenza vaccines was important.”

Translation: WHO is now specifically recommending the production and use of vaccines containing oil-based adjuvants.

Also on July 13, HHS Secretary Sebelius committed another $884 million -- in addition to the $1 billion committed in May -- to purchase two key ingredients of the H1N1 vaccines under development, namely:

  1. The antigen (the active ingredient or organism)
  2. The adjuvant

Novartis, whose vaccine contains the squalene adjuvant MF59, will receive $690 million of the $884 million. So it stands to reason that the H1N1 vaccines will almost certainly contain squalene.

With Legal Recourse Removed, Freedom of Choice is Imperative

If you live in the US you can sign the petition to tell your congress person that you are STRONGLY opposed to forced vaccination. As long as the pandemic swine flu vaccine is not turned into a mandatory vaccine, you can elect to not take part in this mass experiment where you have no legal recourse should something go wrong.

Freedom of choice in this matter is of major importance!

I also urge you to visit the National Vaccine Information Center (NVIC) and join the fight against mandatory vaccination. You can also read about a proposed self-shielding/self-quarantine bill and send a message to your local legislator from the National Solutions web site.

World-Class Vaccine Conference: “Show Us the Science, and Give Us a Choice”

Last but not least, the International Vaccine Conference, which is only held about once every FIVE years, will be in Reston, Virginia (Near Washington, D.C.) on October 2-4, 2009. 

It is without question the single best conference on vaccines in the world. For every speaker that is speaking there are 5-10 others that were not able to speak.

It is the best of the best speakers on this topic and I am VERY excited about attending. Washington DC is absolutely delightful in the fall and all the world-class museums there are free.

Please join me at this event. It is only $195 for the weekend and the hotel rooms are severely discounted. So even if you are only considering going, you should register for the hotel as there is no charge to cancel your reservation.

 

 

 

register now



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