In 1986, Congress passed the NATIONAL CHILDHOOD VACCINE INJURY ACT, severely limiting liability for vaccine manufacturers, and ultimately removing the 7th Amendment rights of Americans to sue the industry when vaccines caused harm.
The Act set up the National Vaccine Injury Compensation Program to compensate those cases, and families were required to apply to the “VICP” before suing vaccine makers. Even though the program has paid out more than $4 billion in claims, most cases of vaccine injury are never filed, as few families are informed of the program, and only a fraction of filed cases are paid. Thus, the cost of vaccine injury falls on the states, local municipalities and the families themselves.
When the Bruesewitz family challenged the law in 2011 and attempted to sue Wyeth for their daughter’s vaccine injury, the Supreme Court ruled in favor of Wyeth. Justices Sotomayor and Ginsburg astutely stated that there is no incentive for vaccine makers to improve their product so long as vaccines remain free from liability, even when defective.
Thus, there has not been a vaccine injury or death claim in front of a jury in a civil court case in the US in more than 30 years.
Few Americans understand that when they agree to a vaccine, they have agreed to receive a liability-free product, and if they are harmed, they are on their own.
Because the courthouse doors are closed to vaccine injured individuals and families, and have been so for three decades, the vaccine industry has become corrupt, and is now dangerous to a vulnerable subset of the population.
False vaccine safety and efficacy claims have become the norm in the industry, as there is no mechanism by which the public can hold those making fraudulent claims accountable.
There is minimal training for health professionals on vaccine injury, vaccine risks, or even how to recognize a vaccine adverse reaction. Treatment for injuries is non-existent in mainstream medicine.
Trust in this liability-free vaccine program is dying.
The answer to this problem is not to force the public to participate in this vastly broken program, it is to reform the Immunization Program. Vaccine injured families have been working for decades to bring to light the serious gaps in vaccine safety and address the vast problems in the current liability-free vaccine program. Until the liability protections are removed, and the resulting harm to children is properly addressed, the vaccine program will continue to lose adherents.
“SOTOMAYOR, J., dissenting SUPREME COURT OF THE UNITED STATES No. 09–152 RUSSELL BRUESEWITZ, ET AL., PETITIONERS v. WYETH LLC, FKA WYETH, INC., FKA WYETH LABORATORIES, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
[February 22, 2011]
JUSTICE SOTOMAYOR, with whom JUSTICE GINSBURG joins, dissenting.
Vaccine manufacturers have long been subject to a legal duty, rooted in basic principles of products liability law, to improve the designs of their vaccines in light of advances in science and technology. Until today, that duty was enforceable through a traditional state-law tort action for defective design. In holding that §22(b)(1) of the National Childhood Vaccine Injury Act of 1986 (Vaccine Act or Act), 42 U. S. C. §300aa–22(b)(1), pre-empts all design defect claims for injuries stemming from vaccines covered under the Act, the Court imposes its own bare policy preference over the considered judgment of Congress. In doing so, the Court excises 13 words from the statutory text, misconstrues the Act’s legislative history, and disturbs the careful balance Congress struck between compensating vaccine-injured children and stabilizing the childhood vaccine market. Its decision leaves a regulatory vacuum in which no one ensures that vaccine manufacturers adequately take account of scientific and technological advancements when designing or distributing their products. Because nothing in the text, structure, or legislative history of the Vaccine Act remotely suggests that Congress intended such a result, I respectfully dissent.”
Scripture has much to say about being just balances in financial transactions:
‘You shall do no wrong in judgment, in measurement of weight, or capacity. ‘You shall have just balances, just weights, a just ephah, and a just hin; I am the LORD your God, who brought you out from the land of Egypt.
“You shall not have in your bag differing weights, a large and a small. “You shall not have in your house differing measures, a large and a small. “You shall have a full and just weight; you shall have a full and just measure, that your days may be prolonged in the land which the LORD your God gives you.
‘Thus says the Lord GOD, “Enough, you princes of Israel; put away violence and destruction, and practice justice and righteousness Stop your expropriations from My people,” declares the Lord GOD. “You shall have just balances, a just ephah and a just bath.
Hear this, you who trample the needy, to do away with the humble of the land, saying, “When will the new moon be over, So that we may sell grain, And the sabbath, that we may open the wheat market, To make the bushel smaller and the shekel bigger, And to cheat with dishonest scales, So as to buy the helpless for money And the needy for a pair of sandals, And that we may sell the refuse of the wheat?”
A merchant, in whose hands are false balances, He loves to oppress. And Ephraim said, “Surely I have become rich, I have found wealth for myself; In all my labors they will find in me No iniquity, which would be sin.”
“Is there yet a man in the wicked house, Along with treasures of wickedness And a short measure that is cursed? “Can I justify wicked scales And a bag of deceptive weights? “For the rich men of the city are full of violence, Her residents speak lies, And their tongue is deceitful in their mouth.
Differing weights and differing measures, Both of them are abominable to the LORD.
A false balance is an abomination to the LORD, But a just weight is His delight.
A just balance and scales belong to the LORD; All the weights of the bag are His concern.
Differing weights are an abomination to the LORD, And a false scale is not good.
Do not move the ancient boundary Which your fathers have set.
In the case of the US vaccine program, it seems that the industry is not just using false weights, but that in most cases there is not even a scale on which to weigh justice.