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Citizens Not Able to Sue for Injury or Death from COVID Vaccines and Other Pandemic Countermeasures

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We Americans expect accountability of manufacturers and practitioners in the medical field, even during emergencies. However, the almost twenty pharmaceutical companies working to develop a vaccine at warp speed in response to the COVID virus, and persons prescribing, administering, or dispensing countermeasures to the virus, will have no liability exposure. This includes no liability for vaccine injuries that may occur from new vaccines.

The federal PREP Act, enacted in December 2005, has been tailor made for a health situation like today and now it has been invoked by HHS Secretary Alex Azar to apply to the present declared emergency inthe Declaration for Public Readiness and Emergency Preparedness Act Coverage for medical countermeasures against COVID–19.

The Public Readiness and Emergency Preparedness Act (PREP Act) authorizes the Secretary of Health and Human Services (the Secretary) to issue a Declaration to provide liability immunity to certain individuals and entities (Covered Persons) against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures (Covered Countermeasures), except for claims involving “willful misconduct” as defined in the PREP Act. (Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices)

The PREP Act creates a shield against liability lawsuits against the pharmaceutical companies, and many “qualified persons.”  It would provide a shield from liability for the use of an emergency “countermeasure,” which could include, for example, the use of a ventilator that caused a death, or the use of a mask that caused a person to experience lethal hypoxia (low oxygen levels). The shield of liability for multibillion-dollar corporations notably helps secure the financial future of powerful, well-connected corporations, while ordinary families and small and medium sized businesses struggle to survive in the aftermath of governmental orders to isolate and shut down during an emergency.

If a new COVID vaccine comes on the market to address the declared emergency, if people are injured or killed by the vaccine, they will not be able to sue the manufacturer. Companies will not be penalized. If you are so unfortunate as to be hurt by a new vaccine or any of the existing declared pandemic countermeasures, the PREP act tells you where you can and can’t go. You cannot go to a regular court because the responsible parties will now have immunity from your lawsuit due to the emergency. You need to go to the newly created CICP court, (Countermeasure Injury Compensation Program Court). There you will be required to provide “compelling, reliable, valid, medical and scientific evidence” of any injury. In order to win your case, the burden of proof will be on you, not the government, and in fact, you will be in an adversarial contest with the government, its lawyers and experts.

The causal connection between the countermeasure and the serious physical injury must be supported by compelling, reliable, valid, medical and scientific evidence in order for the individual to be considered for compensation. (Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices)

A similar liability shield for vaccine manufacturers is already in existence and deals with vaccine injuries, thus, vaccine manufacturers have long enjoyed freedom from liability when their vaccines cause injury or death. Claims are addressed in the “Vaccine court,” aka the VICP court. The VICP court, established under the National Vaccine Injury Compensation Program, works to provide compensation for vaccine injury from vaccines on the recommended school vaccine schedule. However, although the Vaccine court has awarded now over $4 billion dollars in compensation for deaths and injuries from childhood vaccines, critics have described it as being riddled with bias and ineffectiveness, and for victim Plaintiff families seeking compensation, it is a long, arduous, expensive ordeal, over a period of many years. The government’s lawyers aggressively fight against the victims on causation issues. So, few victims win and all too many lose.

Even during a crisis, we must be sensitive to the needs of individuals who have been injured and are suffering. We need to call for accountability of those who have injured others by the manufacturing of defective and dangerous products while rushing to reap profits from a captive and fearful public. And also hold accountable those who are prescribing, administering, or dispensing these products without notification to consumers of the harm they may cause. The broad liability shield for pandemic countermeasures seems to be worrisome, troubling and, in our view, an abridgment of basic rights.

This Declaration became effective as of February 4 th, 2020. President Trump declared the national emergency March 13 th and HHS Secretary’s Azur’s important declaration was noted in the Federal Register March 17, 2020, with little notice or discussion from the media.

Authored by: Leo Cashman, Executive Director, DAMS, Dental Amalgam Mercury Solutions and board member of NHFC, and Diane Miller, JD, Director or Law and Public Policy, National Health Freedom Coalition (NHFC) and National Health Freedom Action (NHFA)

 

 

Please Protect Your Vaccine Exemption Rights

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February 24, 2016


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Click on Your State Below to Take Action Now!

Parents are the rightful decision-makers for their children’s healthcare.
Adults are the rightful decision-makers of their bodies and employment.
Please join us in protecting the fundamental right to decline vaccines recommended by government for children and adults.

Click On Your State Below and Take Action by entering your Zip Code and sending a direct message to the legislators to defend your right to make informed, voluntary decisions about vaccinations.  One size does NOT fit all – your action to protect your rights is urgently needed! 

OPPOSE THESE Bills that would take away your rights:

Indiana
Iowa – URGENT
Maryland
Missouri SB 1005
Missouri SB 819
New Jersey
New York
South Dakota – URGENT
Utah
West Virginia
Wisconsin

SUPPORT THESE Bills that would preserve your rights:

Massachusetts
New Hampshire
New Jersey
Ohio
Rhode Island

OPPOSE Indiana SB 162, allowing a hospital to force vaccination as a condition of employment and to grant liability protection for hospitals firing employees. SB162 was scheduled for a hearing on Wednesday February 24th at 3:30 in the House Public Health Committee in the House Chamber.  We need you to make it a priority to contact the committee members before the hearing to oppose the bill, and if you are close to the capitol, to come and testify against the bill.  We also need you to contact your own Representative and the Governor.  SB 162 unfortunately passed the full senate on 2/2/16 completely unopposed with a vote of 50 yes and 0 no. The bill was amended to become a much worse bill. Read the bill here. Take Action Here.

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We need to ALL stand together to protect Vaccine Exemption Rights now!

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National Health Freedom

www.nationalhealthfreedom.org

This is a Human Right!

Parents are the rightful decision-makers for their children’s healthcare. Please join us in protecting the fundamental right to decline or modify vaccines or other injections or treatments recommended by government for children.

Mass vaccination policies are made at the state level – where your action to protect your rights is urgently needed! Click On Your State Below NOW to defend the right to make informed, voluntary decisions about vaccinations. Join Washington, Oregon and Maryland in successfully convincing legislators to stop bills that would restrict the legal right to make voluntary choices about vaccinations. Click on Your State Below NOW to tell your legislators that the right and responsibility for making medical intervention decisions for preventative care for your family belongs to you!

Click on Your State to OPPOSE These Bills that would take away your rights:
California – Hearing 4/28
Connecticut
Illinois

Maine
Minnesota

North Carolina
New Jersey SB 1147

New Jersey AB 1931
Pennsylvania
Rhode Island
Texas
Vermont

California SB 277, eliminating personal belief exemptions to vaccinations, will be heard in the Judiciary Committee on Tuesday, April 28, 2015 at 1:30 P.M. in Room 112. SB 277 was amended and passed out of the Education Committee on Wednesday, April 22, 2015 on a vote of 7y:2n. The Education Committee heard SB 277 on April 15 but it postponed voting on the bill until April 22 to give Senator Pan more time to address several Senators’ unresolved concerns. The amended bill now excepts pupils in a home-based private school and students enrolled in an independent study pursuant to specified law from the prohibition described in SB277. SB 277 passed the Senate Health Committee, 6y:2n, on April 8. Read the bill and check its status here. Take Action Here.

Connecticut HB 6949, restricting religious exemptions to vaccination, was substituted in the Joint Committee on Public Health on March 18th. The current version of the bill still requires exemptions to be notarized, but the section requiring education has been removed. Read the current bill here. Take Action Here.

Illinois SB 1410, originally severely restricting religious exemptions to vaccination, was amended on the Senate Floor and was passed out of the Senate, 42y:14n, on April 23. The Senate floor amendment makes it clear that the bill does not give a health care provider grounds to determine a religious exemption but the bill still is mandating health care provider visits and education before using the exemption; read the floor amendment here. After the Senate Public Health Committee passed the bill on April 14, 2015 (6 yeas; 3 nays), the bill received its 2nd and 3rd readings. Now SB 1410 will head to the IL House. Read the senate bill here. Take Action Here.

HB 2560, now different from SB1410, would restrict the religious exemption to vaccination in IL by requiring parents present to the school authority a signed certificate detailing their grounds for objection to the immunization. The grounds for objection must set forth the specific belief that conflicts with the immunization. The certificate must also be signed by the health care provider and submitted every year. Philosophical and moral reluctance are not sufficient for an exemption. The local school authority would decide if the content of the certificate of religious exemption constitutes a valid religious exemption.

Maine LD 606 would eliminate personal belief exemptions to vaccination and was referred to the Health and Human Services Committee on 3/3/2015. Current law allows exemptions because of a person’s philosophical beliefs from immunization requirements for students in elementary and secondary schools and postsecondary schools and employees of nursery schools and health care facilities. This bill would remove those exemptions. The bill also directs the Department of Health and Human Services to remove any immunization exemptions because of philosophical beliefs from its rules. The bill is sponsored by Rep. Ralph Tucker. Read the bill here. Take Action Here.

Minnesota SB 380/HB 393 would eliminate the conscientious belief exemption and replace it with a restricted personal belief exemption. SF 380 passed the Senate Health, Human Services and Housing Committee, as amended, on March 18 and was read a 2nd time on March 23, 2015. SF 380 is currently on general orders in the Senate and could be voted on any day. H.B.393/S.B 380 would require a person to obtain a statement from a physician that provides immunizations verifying that the physician has reviewed with the parent or guardian, or the child if emancipated, information about the risks and benefits of the vaccines that is consistent with information published by the Centers for Disease Control and Prevention. Read the bill here. Take Action Here.

New Jersey SB 1147, restricting religious exemptions to vaccinations, is still awaiting a Senate floor vote after passing out of committee on March 9. Both legislative chambers are currently on a budget break and so the earliest the Senate could vote on SB 1147 is May 18; the Assembly’s next voting session is on May 14. Continue to contact your NJ State Senator and ask them to VOTE NO or ABSTAIN on S1147. Read the bill here. Take Action Here.

New Jersey AB 1931, restricting religious exemptions to vaccinations, passed the Assembly Health and Senior Services Committee, 9y:1n, on March 16 and is awaiting a full Assembly vote. Both legislative chambers are currently on a budget break and so the earliest the Assembly could vote on AB 1931 is May 14; the Senate’s next voting session is on May 18. AB 1931 requires a written statement “explaining how the administration of the vaccine conflicts with the bona fide religious tenets or practices of the student, or the parent or guardian.” As such it requires parents to explain and ultimately justify their deeply held personal and private religious beliefs to the government. Read the bill here. Take Action Here.

North Carolina SB 346, eliminating the religious exemption to vaccination, died on April 2! Congratulations North Carolina! The new law would have added new mandates for school children in NC. If this passed children would have been required to receive hepatitis A, hepatitis B, rotavirus, diphtheria, tetanus, whooping cough, poliomyelitis, red measles (rubeola) and rubella.(rubeola), rubella, mumps, pneumococcal, influenza, varicella and meningitis vaccines, in addition to any other virus, disease, or condition against which the United States Department of Health and Human Services, Centers for Disease Control and Prevention, Advisory Committee on Immunization Practices (ACIP) recommends. Current requirements do not include Hepatitis A, rotavirus, pneumococcal, flu or meningitis vaccines. Read the bill here. Take Action Here.

Pennsylvania HB 883, a bill to eliminate philosophical belief exemptions from vaccination requirements, was referred to the House Committee on Health on 4/6/2015. The current exemption law in PA includes an exemption for “on the basis of a strong moral or ethical conviction” in addition to religious beliefs. Read the bill here. Take Action Here.

Rhode Island SB 381 would eliminate religious exemptions to vaccination requirements. A hearing was held on SB 381 on 3/26/15 by the Senate Health and Human Services. The current status of the bill is that it is being held in committee for further study. Continue to contact members of the Senate Health and Human Services Committee and your own State Senator and ask them to oppose SB 381. Read the bill here. Take Action Here.

Texas HB 2006, a bill that would repeal conscientious and religious exemptions to vaccinations, was referred to the Public Health Committee on March 11. Read the bill here. Take Action Here.

Vermont HB 98 would eliminate philosophical belief exemptions to vaccination. On April 22, the Vermont Senate approved an amendment on HB 98 to remove the philosophical exemption to vaccination 18y:11n and then passed the bill out of the Senate on Third Reading by vocal majority (no roll call taken). Read the bill here. Take Action Here.

Additional bills relating to vaccination exemptions and immunization registries for you to support and oppose can be found at NVIC.org, here.

Stand Up in Your State Today! Schedule a face-to-face meeting with your state representatives. Find out who your Representatives are here.
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Minnesota Lobby Day to Oppose SF380, Vaccine Exemption Modification bill.

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RSVP for 4/14 Minnesota Lobby Day to Oppose SF380, Vaccine Exemption Modification bill.

Many Minnesota legislators still haven’t heard from us and all of them need to know we’re still watching SF 380 and won’t go away until it does! Join us to create a large physical presence that will keep the opposition strong around this issue. RSVP Here, or just show up, to thank our legislative supporters and to educate those who are on-the-fence about why opposing SF 380 is the right thing to do.

When: Tuesday, April 14, 2015 at 12pm – 4pm

Where: Room 400S State Office Building

100 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, MN 55155

NHFA looks forward to seeing you there!!! Don’t forget to invite friends and family too!

This Lobby Day will begin with introductory remarks from several leaders driving this opposition, such as Jim Abeler and colleagues, followed by a brief Lobbying 101 training, before we break into small groups. Each small group will visit one or more target legislators with and will be led by a member of one of the organizations opposing this bill. You can self-select which group(s) you’d like to join on the day of the event. Talking points and leave-behind materials for legislators will be provided for you. Show up for as much as you are able. Children are welcome. RSVP Here.

What the bill does:

SF380/HF393 eliminates the current conscientious belief exemption to vaccination for school children in Minnesota and replaces it with a new personal belief exemption that must include a statement from a physician and must be on a form developed by the commissioner of health. This bill will make it more difficult for parents who wish to decline vaccines, use a different schedule for vaccines than the recommended one, or who wish to skip one of the vaccines, or more, to get an exemption. Parents will be required to schedule a visit a physician who will give them a presentation on CDC vaccination perspectives.

Changes to SF 380 Since Introduction:

SF 380 had a hearing in the Health, Human Services and Housing Committee, and passed on a vote of 6 – 4 with one abstention. Senator Eaton, author of SF 380, offered a “Delete-all” amendment, and the new version of the bill is even worse in the following ways:

•This bill now requires parents to write a statement of why they choose not to have their child receive a vaccine and to have that statement recorded in the child’s medical record
•This bill raises questions of data privacy for those parents who choose exemptions
•Amendments to improve parental informed consent, and protect physician independence, were rejected
•This bill still allows a physician to refuse to sign the certificate, which could lead to “doctor-shopping” and, therefore, increased costs and coercion for parents
•This bill may have negative repercussions on physicians who sign certificates for patients requesting exemptions

Please help us keep the pressure on! Stand up for vaccine health freedom rights and show the legislators that we won’t let them restrict our rights!!! RSVP Here.

Take Action on SF 380 by sending a letter of opposition to the MN Senate here.

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