Marti Oakley (c)copyright 2011 All Rights Reserved 

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Nearly 25 years ago, the U.S. Congress passed the 1986 National Childhood Vaccine Injury Act, which exempts vaccine manufacturers from being liable for damages caused by their vaccines. The Act established an entirely new “legal” system to deal specifically with vaccine injury cases, handling each one in a special “vaccine court” that essentially just dismisses most cases as unwarranted.”


The Vaccine Liability Fund was created as an alternative to taking vaccine injury claims to court and provides a shield from prosecution for drug manufacturers.  If someone sues for vaccine injury, their case will not be heard in a normal courtroom, but in a special kangaroo court called the Vaccine Liability Court.  Consumers finance both the Vaccine Liability Fund and the Vaccine Court.  The special vaccine fund and court are based in tort law (a tort is a civil wrong) and this violates Constitutional due process.   

To apply for damages as a result of vaccines, you must first submit to the “fund”.  Your case will then be handed over to the Vaccine Liability Court which consists of a panel of 3 to 5 selected individuals called ‘Special Masters’.  The Special Masters may or may not lack a medical background and may or may not lack knowledge of Constitutional due process laws.  This is the panel that will “hear” your case to decide whether it has any merit.  There is no jury.  If your case is determined to have merit, you can receive compensation.  If the Special Masters rule against you or you are not satisfied with their decision, you then have the option of filing your case with a federal or state court.  You will likely be financially ruined by this time.  It is rare for federal and state courts to even agree to hear vaccine cases and rarer still for them to rule against Vaccine Court.

A Special Master is appointed by a judge to make sure that judicial orders are followed and is an “adjunct to a federal court”.  Federal Rules of Procedure allow a federal judge to appoint a Special Master, with the consent of the parties, to conduct proceedings and report to the court.  These appointed Special Masters can be attorneys, but that is not a requirement.

A common misconception is that vaccine liability funds are supplied by the manufacturers, yet I discovered that they are financed by the consumers with a $0.75 to $3.75 surcharge per dose applied as an excise tax.  The manufacturers deposit this surcharge fee to the vaccine fund and deduct it as an expense from their taxes.


See Also the tables for other vaccines not on this particular list.

Tax is imposed on certain vaccines sold by the manufacturer in the United States. A taxable vaccine means any of the following vaccines.

  • Any vaccine containing diphtheria toxoid.
  • Any vaccine containing tetanus toxoid.
  • Any vaccine containing pertussis bacteria, extracted or partial cell bacteria, or specific pertussis antigens.
  • Any vaccine containing polio virus.
  • Any vaccine against measles.
  • Any vaccine against mumps.
  • Any vaccine against rubella.
  • Any vaccine against hepatitis A.
  • Any vaccine against hepatitis B.
  • Any vaccine against chicken pox.
  • Any vaccine against rotavirus gastroenteritis.
  • Any HIB vaccine.
  • Any conjugate vaccine against streptococcus pneumoniae.
  • Any trivalent vaccine against influenza.
  • Any meningococcal vaccine.
  • Any vaccine against the human papillomavirus.

The tax is $.75 per dose of each taxable vaccine. The tax per dose on a vaccine that contains more than one taxable vaccine is $.75 times the number of taxable vaccines.

This tax can also be as much as $3.75 per dose, per vaccine depending on the vaccine combination and tier group.  

This excise tax is passed on to the consumer, as we stated earlier.  

The question is: Are vaccines harmful?

I suppose my first response to this question would be that if they are not harmful, why the fund and the special court to deal with the injuries from vaccines?  If there was no evidence that these toxic concoctions cause injury and in many instances death, what would be the need? 

At issue of course, and probably most notable, is the relationship of autism to childhood vaccines.  In the 1950’s the rate of autism was 2 in 10,000.  With the dozens of mandated vaccines administered to screaming infants and toddlers, the rate of autism had skyrocketed to 1 in 150 by 2002.  It is now estimated that 1 in 133 children are afflicted with neurological disorders after receiving vaccinations containing massive overdoses of the mercury derivative, thimerosal, as the number of vaccines forcibly administered increases each year.  

It is the parents of these now permanently damaged young children who are for the most part seeking damages although the medical community, along with their financiers in the pharmaceutical community, continues to deny there is any causal link between vaccines and autism and numerous other neurological disorders that appear after vaccination. And never mind the sudden appearance and the rise of occurrences of ADD, ADHD, and other neurological disorders that plague so many children in this country. 

While the pharmaceutical producers of vaccines and the FDA and a host of other stakeholders insist there is no connection to the injuries suffered from vaccines, the number of lawsuits increases each year.  This increase is dismissed, even as the evidence mounts that vaccines cause far more harm than good and as the number of previously healthy children fall victim to adverse side affects.  As long as vaccines are manufactured and administered in a “one size fits all” system, we will continue to see the rise in neurological disorders in children.  No vaccine or medication is so perfect that it can be used across the board for everyone.  Difference in metabolism, sensitivities to various chemicals, allergies, even ethnicity among many other variables, can affect the outcome of vaccination.  

Also important to this discussion is the infamous, untested and unreliable H1N1 flu vaccine.  I can only assume manufacturers felt completely safe in throwing these vials of god knows what, into the market.  After all, if you don’t’ have to worry about being held liable for the harm and injury caused by your product, what’s the difference?  The very people you intend for your toxic product to be used on would be the same people who will pay the excise tax to fund their own exclusion from the judicial system and to have their substantive due rights abrogated.  

It’s a win/win for big pharma.   It could be sudden death for the recipients of these vaccines, or, a lifetime lived in a state none of us would want to endure.  And to think that as few as three carefully selected Special Masters are allowed to decide whether the death, injury or lifetime trauma to your child or an adult, has merit or not.  There is something really, truly sick and perverted about this system.


Rule 53 of Federal Procedures

CDC price list with excise

International Memorial for Vaccine Victims

The great thimerosal cover-up: Mercury, vaccines, autism and your child’s health

National Vaccine Injury Compensation Program

National Childhood Vaccine Injury Act

Who are Special Masters?            

CDC on History of Vaccine Safety

 Metal Metabolism, Mercury and Children