Legal Immunity Set for Swine Flu Vaccine Makers 20/08/2009

[Snowy Owl]

Legal Immunity Set for Swine Flu Vaccine Makers

20/08/2009
http://www.foodconsumer.org/newsite/...ne_makers.html

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 [COLOR=#0C4790 ! important][COLOR=#0C4790 ! important]vaccination[/color][/color] 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.

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 [COLOR=#0C4790 ! important][COLOR=#0C4790 ! important]childhood [COLOR=#0C4790 ! important]vaccine[/color][/color][/color] 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.

[tropical]

Quote #1:
"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."