Tag: lawsuit

Has Bobby Kennedy Taken Over the Anti-Vaccine Movement?

What happened after SB276, the new vaccine law, was signed in California?

Did Bobby Kennedy's "mic dropping speech" mark the birth of a new civil rights movement for the health freedom or anti-vaccine movement?
Did RFK Jr’s “Mic Dropping Speech” Mark the Birth of a New Civil Rights Movement for the Health Freedom or Anti-Vaccine Movement?

They flew Bobby Kennedy back to Sacramento for a rally.

Has Bobby Kennedy Taken Over the Anti-Vaccine Movement?

What did he have to say?

“It’s a sad day for California. And it’s a sad day for our country. And I have asked a question and I would like to ask this legislature who voted for this God awful bill. If we can give government and big industries the right to inject untested medical products that are zero liability into our children coercively, where does the power of government end? What else can they order us to do? Can they do the same thing that they do in China? Which is to tell people that they have to abort their babies for “the good of society?” Can they euthanize people for “the good of society?” Where is the legal boundary?

Bobby Kennedy

It is a sad day when a Kennedy is spouting this kind of stuff…

Vaccines are well tested and everyone has a choice on whether or not to get vaccinated. Mandates to attend school do not force parents to vaccinate their kid.

Comparing these mandates that protect those who can’t be vaccinated to forced abortion and euthanasia is unconscionable.

“We have signed treaty after treaty after treaty saying you can not force an American citizen or any citizen of the civilized world to take a medication or to submit themselves to a medical procedure without informed consent. What has happened to the Democratic party? What has happened to the party that used to stand for listening to women? Why are they listening to pharmaceutical companies and not to the women?

Bobby Kennedy

What has happened to the Kennedys?

Again, vaccine mandates do not force anyone to get vaccinated and protected.

And pushing anti-vaccine talking points on folks is not giving them informed consent. This type of misinformation simply scares them away from vaccinating their kids. It is misinformed consent!

“And yet, you have all of the members who voted for this and none of them can answer the question – where is all of the autoimmune diseases coming from? If it’s not the vaccines, then where is it coming from? We have, from my generation, according to HHS, 12% of the people in my generation, prior to 1986, had chronic diseases. Today, 54% did. Let’s pretend all of those hundreds and hundreds of studies aren’t there that say it’s the vaccines.”

Bobby Kennedy

Let’s pretend that his statistic that 54% of American children have a chronic illness

Actually, let’s not, because it isn’t true. Although often cited by anti-vaccine folks, the number comes from a 2011 report, A national and state profile of leading health problems and health care quality for US children: key insurance disparities and across-state variations, but doesn’t mean what most people think it means.

“An estimated 43% of US children (32 million) currently have at least 1 of 20 chronic health conditions assessed, increasing to 54.1% when overweight, obesity, or being at risk for developmental delays are included; 19.2% (14.2 million) have conditions resulting in a special health care need, a 1.6 point increase since 2003.”

Bethell et al on A national and state profile of leading health problems and health care quality for US children: key insurance disparities and across-state variations.

Is obesity a vaccine injury?

Where are the “hundreds and hundreds of studies… that say it’s the vaccines?”

“Let’s pretend that all the vaccines, everyone of those diseases, the autoimmune diseases – Guillain-Barré syndrome , cerebral palsy, diabetes, Rheumatoid arthritis. The neurodevelopmental diseases, ADD, ADHD, speech delay, language delay, tics, Tourette syndrome, ASD, autism. The allergic diseases – allergies, food allergies, eczema, asthma, anaphylaxis. Where can we find those listed? In two places. One in the list of chronic diseases that are now epidemic among American children and on the vaccine inserts. And why would the company put them on the vaccine insert? They put them there because the only way you can sue them under NCVIA is if they know or suspect of an injury being caused by a product and they failed to put it on the insert. So it’s the one place where their honest. For many years they told us, well, just because we put it on the insert, it doesn’t mean that it is actually a vaccine adverse event or caused by the vaccine. But the code of Federal regulations says you can not put it on an insert unless you believe that it’s caused by the vaccine. So they are lying.”

Bobby Kennedy

Well, someone is lying…

Although listed in the vaccine insert, if they are in the Adverse Reactions section, they may not actually be caused by the vaccine.
Although listed in the vaccine insert, if they are in the Adverse Reactions section, they may not actually be caused by the vaccine.

What goes into a vaccine insert is dictated by the FDA, specifically the Code of Federal Regulations Title 21, and Section 314 of the NCVIA, after consultation with the Advisory Commission on Childhood Vaccines, including:

  • Contraindications – all situations when the vaccine should not be given
  • Warning and Precautions – all adverse reactions and safety hazards that may occur after getting the vaccine and what you should do if they occur
  • Adverse Reactions – this section includes clinical trials experience, post-marketing experience, and voluntary reports, and it is very important to understand that it is not always possible to establish a causal relationship to vaccination for these adverse effects. So just because something is listed here, whether it is SIDS, autism, drowning, or a car accident, doesn’t mean that it was actually caused by the vaccine. Updated in 2006 to require that only adverse events “for which there is some basis to believe there is a causal relationship between the drug and the occurrence of the adverse event,” it still doesn’t mean the adverse event was definitely caused by the vaccine.

As a lawyer, you would expect, or at least hope, that Bobby Kennedy understands how vaccine inserts really work…

“This state is doing something horrendous. It is stepping between a doctor and the 4000 children in this state whose doctors have told them you can not afford to get a vaccine because it could kill you or it could cripple you. Their doctor, who has known that child often-times since birth, who has reviewed the medical records, who has done all of the tests on that baby, who knows the family, has said it is dangerous to receive this product. Don’t ever do it. And yet, the State of California, is going to come in, a bureaucrat, between that doctor and that child, and say that we are going to give it to him anyway. This is criminal.”

Bobby Kennedy

This is probably one of the biggest myths about California’s new vaccine law.

For one thing, SB276 doesn’t revoke legitimate medical exemptions.

Did Ron Kennedy know these kids since birth and think that vaccines would kill or cripple them because they had a learning disability or food allergies?
Did Ron Kennedy know these kids since birth and think that vaccines would kill or cripple them because they had a learning disability or food allergies?

And the problem hasn’t typically been the legitimate medical exemptions from doctors who have known kids since birth, but rather inappropriate exemptions from doctors who advertised medical exemption consultations and appointments for new patients.

“Big pharmaceutical companies are the most evil companies on earth. Who are commoditizing our children. Who are giving our children this tsunami of chronic disease and then making the money to try and tell us that we are going to get rid of infectious disease, like chickenpox and measles, but we are going to trade that for rheumatoid arthritis and diabetes and autism and ADD and ADHD. And all of those infectious diseases are treatable and curable, usually within a week, and none of the chronic diseases that they are causing are treatable or curable. And they are making $50 billion dollars selling our kids these mandated vaccines that are untested and liability free, but they are making $500 billion a year selling them the epi-pens, the seizure medications, the Prozac, the albuterol inhalers, the rhumatoid arthritis medication, the diabetes medications that our children are now addicted to for life because of these vaccines. ”

Bobby Kennedy

As usual, it all comes back to Big Pharma conspiracy theories and the idea that everything is a vaccine injury.

Bobby Kennedy thinks the pharmaceutical industry is in "a war against our children."
Bobby Kennedy thinks the pharmaceutical industry is in “a war against our children.” Do you?

So what’s their next plan?

Lawsuits.

Lawsuits so that they can help keep kids unvaccinated and unprotected.

“We are an insurgency. They can not stop us now. We are not going to go away.”

Bobby Kennedy

Of course the anti-vaccine movement is not going away. It has been around since before we had the first real vaccine, when folks were getting variolated to protect them against smallpox.

“You know this is the most important battle, probably in human history.”

Bobby Kennedy

Fighting to keep your intentionally unvaccinated kids in school, where they could put others at risk to get sick, including kids with immune system problems or those being treated for cancer, is the most important battle in human history?

He wasn’t done yet though…

“What we have to understand is that the domination of business by government is called communism. The domination of government by business is called facism. And what we’re fighting for is the essential tenets of American democracy, which is free market capitalism, which we don’t have. They destroyed the markets didn’t they. There’s no market for vaccines because they couldn’t sell them, so they had to disable the markets and force us to take them against our will. And for democracy and they’ve taken democracy from us. And they’ve taken the institution of Justice directly. They have gotten rid of the 6th and 7th amendment guarantees. The Federal Constitution guarantees of a jury trials. We are the only people in our country who you can injure – a private corporation can injure and disable and you can’t get a jury trial.”

Bobby Kennedy

Except that you can’t usually get a jury trial if you think you have a vaccine injury. The only thing is that you have to go through the Vaccine Court first.

Be skeptical if you truly want to learn to protect your kids. Although speeches from folks like Bobby Kennedy might make you feel better about your decision to skip or delay your child’s vaccines, understand that it is not really an informed decision.

More on Bobby Kennedy

Understanding the Vaccine Injury Table

The Vaccine Injury Table was created by the National Childhood Vaccine Injury Act of 1986.

“The Table makes it easier for some people to get compensation. The Table lists and explains injuries/conditions that are presumed to be caused by vaccines. It also lists time periods in which the first symptom of these injuries/conditions must occur after receiving the vaccine. If the first symptom of these injuries/conditions occurs within the listed time periods, it is presumed that the vaccine was the cause of the injury or condition unless another cause is found.”

What You Need to Know about the National Vaccine Injury Compensation Program

A table injury is an illness, disability, injury or condition covered by the National Vaccine Injury Compensation Program.

“For example, if you received the tetanus vaccine and had a severe allergic reaction (anaphylaxis) within 4 hours after receiving the vaccine, then it is presumed that the tetanus vaccine caused the injury if no other cause is found.”

What You Need to Know about the National Vaccine Injury Compensation Program

To quality as a table injury, the illness, disability, injury or condition has to occur within a specific “time period for first symptom or manifestation of onset or of significant aggravation after vaccine administration.”

Understanding the Vaccine Injury Table

So if there is a Vaccine Injury Table, then that proves that vaccine injuries are real, right?

The Vaccine Injury Table is easier to understand if you actually look at the table.
The Vaccine Injury Table is easier to understand if you actually look at the table.

Wait, does anyone dispute that vaccine injuries are real?

No one says that vaccines are 100% safe, so yes, of course, it is known that they have risks and cause adverse effects. While most of these adverse effects are usually mild, they can rarely be severe or even life threatening.

The idea the vaccine injuries are common is what is misunderstood and misrepresented by anti-vaccine folks.

It's no joke, studies have shown fewer side effects after the second dose of MMR!
It’s no joke, studies have shown fewer side effects after the second dose of MMR!

Consider the above post by Bob Sears

Yes chronic arthritis after a rubella containing vaccine is a table injury, but it is very rare. Arthritis after the rubella vaccine is typically mild and temporary, lasting just a few days.

While rubella containing vaccines can cause arthritis, they do not cause lifelong rheumatoid arthritis. So even if you were to be one of the very rare people who developed chronic arthritis after a rubella containing vaccine, a table injury, it would still not be the same thing as rheumatoid arthritis.

“The association between rubella vaccination and chronic arthritis is less clear. Most recently published research, has shown no increased risk of chronic arthropathies among women receiving RA27/3 rubella vaccine and do not support the conclusion of the IOM (Slater et al., 1995; Frenkel et al., 1996; Ray et al., 1997). These studies have included a large retrospective cohort analysis which showed no evidence of any increased risk of new onset chronic arthropathies and a double-blind historical cohort study. One randomised placebo-controlled, double-blind study of rubella vaccination in sero-negative women demonstrated that the frequency of chronic (recurrent) arthralgia or arthritis was marginally increased (1.58 [1.01-2.45], p = 0.042) (Tingle et al., 1997). In 2011, the United States Institute of Medicine (IOM) reviewed available research and concluded that the evidence is inadequate to accept or reject a causal relationship between MMR vaccine and chronic arthralgia in women.”

Information Sheet Observed Rate of Vaccine Reactions Measles, Mumps and Rubella Vaccines

And it wouldn’t even be clear if your chronic arthritis was caused by the vaccine!

“The Table lists and explains injuries and/or conditions that are presumed to be caused by vaccines unless another cause is proven.”

What You Need to Know about the National Vaccine Injury Compensation Program

To be added to the Vaccine Injury Table, there only has to be scientific evidence that a condition could be caused by a vaccine.

“Where there is credible scientific and medical evidence both to support and to reject a proposed change (addition or deletion) to the Table, the change should, whenever possible, be made to the benefit of petitioners.”

Guiding Principles for Recommending Changes to the Vaccine Injury Table

That makes sense, as the NVICP is a “is a no-fault alternative to the traditional legal system for resolving vaccine injury petitions” for VICP-covered vaccines.

Vaccines Covered by the Vaccine Injury Table

Most routinely used vaccines are covered by the Vaccine Injury Table, including vaccines that protect against:

  • diphtheria, tetanus, and pertussis – DTaP, Tdap, Td
  • measles, mumps, and rubella – MMR, ProQuad
  • chickenpox – Varivax, ProQuad
  • polio – IPV, OPV
  • hepatitis B
  • hepatitis A
  • Hib
  • rotavirus
  • pneumococcal disease – Prevnar
  • influenza – seasonal flu vaccines
  • meningococcal disease – MCV4, MenB
  • human papillomavirus – HPV4, HPV9

In fact, “any new vaccine recommended by the Centers for Disease Control and Prevention for routine administration to children, after publication by the Secretary of a notice of coverage” is automatically included, at least for Shoulder Injury Related to Vaccine Administration and vasovagal syncope.

New vaccines are also covered if they are already “under a category of vaccines covered by the VICP.”

Immunizations given to pregnant women are also covered.

A few others, including vaccines that protect against pandemic flu, smallpox, and anthrax are covered by the Countermeasures Injury Compensation Program (CICP).

Vaccines Not Covered by the Vaccine Injury Table

What about vaccines that aren’t routine?

Other vaccines that are used in special situations, including vaccines that protect against rabies, yellow fever, Japanese encephalitis, cholera, and typhoid aren’t listed in the Vaccine Injury Table and aren’t covered by the National Vaccine Injury Compensation Program.

Have you seen any TV ads for lawsuits against the shingles vaccine, which isn't in the vaccine injury table.
Have you seen any TV ads for lawsuits against the first shingles vaccine?

Shingles vaccines and the older pneumococcal vaccine, Pneumovax, aren’t covered either.

And since they are not covered by the National Vaccine Injury Compensation Program, there are no restrictions on lawsuits against the manufacturers of these vaccines or the health providers who administer them.

So much for the idea that you can’t sue a vaccine manufacturer or that vaccine manufacturers have no liability for vaccines…

Why weren’t these vaccines covered?

Remember, the NVICP and Vaccine Injury Table were created by the National Childhood Vaccine Injury Act of 1986. The vaccines that aren’t covered are not on the routine childhood immunization schedule.

“There are no age restrictions on who may receive compensation in the VICP. Petitions may be filed on behalf of infants, children and adolescents, or by adults receiving VICP-covered vaccines.”

National Vaccine Injury Compensation Program Frequently Asked Questions

Still, since many of the covered vaccines can be given to adults, they are included, even if some of the vaccines adults routinely get aren’t covered.

Will they ever be covered?

“They found a low liability burden for these vaccines, that serious adverse events were rare, and that no consensus existed among stakeholders. After considering the staff report, NVAC chose, in 1996, not to advise the Department of Health and Human Services to include adult vaccines in VICP.”

Loyd-Puryear et al on Should the vaccine injury compensation program be expanded to cover adults?

Adding more adult vaccines to the Vaccine Injury Compensation Program (VICP) is something that has been looked at in the past, but it wasn’t thought to be necessary.

What to Know About the Vaccine Injury Table

The Vaccine Injury Table is a list of conditions set up to make it easier for people to get compensated from the National Vaccine Injury Compensation Program.

More on Understanding the Vaccine Injury Table

Which Countries Have a Vaccine Injury Compensation Program?

Vaccines are safe, effective, have few risks, and are obviously necessary.

They aren’t perfect though, which is why “the National Vaccine Injury Compensation Program (VICP) may provide financial compensation to individuals who file a petition and are found to have been injured by a VICP-covered vaccine.”

But the NVICP is only in the United States.

Which Countries Have a Vaccine Injury Compensation Program?

What do other countries do?

The United States isn't the only country with a vaccine injury compensation program. We weren't even the first to have such a system.

You will likely be surprised to know that many have their own vaccine injury compensation programs, including:

  1. Germany ( year of introduction – 1961)
  2. France (1963)
  3. Japan (1970)
  4. Switzerland (1970)
  5. Denmark (1972)
  6. Austria (1973)
  7. New Zealand (1974)
  8. Sweden (1978)
  9. UK Vaccine Damage Payments Unit (1979)
  10. Finland (1984)
  11. Government of Québec Vaccine Injury Compensation Program (1985)
  12. United States NVICP (1988)
  13. Taiwan (1988)
  14. Italy (1992)
  15. Korea National Vaccine Injury Compensation Program (1994)
  16. Norway (1995)
  17. Iceland (2001)
  18. Slovenia (2004)
  19. Hungary (2005)

Does this prove that vaccines are dangerous?

“Vaccines are extremely safe and harm is rare. World-wide, more than 30,000 vaccine doses are delivered per second through routine immunization programs, which,in turn, prevent an estimated 2 million to 3 million deaths annually. The occurrence of serious adverse events, such as those that result in death, threaten life, require inpatient hospitalization, or result in significant disability, are rare (eg, <1 adverse event occurs per 10 million doses for tetanus toxoid vaccines, 1-2 adverse events per 1 million doses for inactivated influenza vaccine, and none for hepatitis A).”

Halabi et al on A Global Vaccine Injury Compensation System

Of course not!

Remember, payouts from these programs, compared to the number of doses of vaccines given, are rare.

Should all countries have a compensation program?

“The most important justification, however, is an ethical argument from justice and equity: introduction of a vaccine injury compensation scheme acknowledges the unique situation that routine childhood immunization is a public health measure, given and accepted in good faith, that may occasionally damage the recipient.”

David Isaacs on Should Australia introduce a vaccine injury compensation scheme?

Sure.

People shouldn’t have to fight for compensation for the rare circumstance for when a true vaccine injury does occur.

More on International Vaccine Injury Compensation Programs

How an Anti-Vaccine Safety Handbook Has Caused the Longest Measles Outbreak in Recent History

Can you believe that there were only 37 measles cases in 2004?

This year, we sometimes get reports of 37 cases in a week.

What happened?

A rise in measles cases all over the world happened. And since folks do travel, that led to outbreaks in any community that doesn’t have high rates of vaccination.

How an Anti-Vaccine Safety Handbook Has Caused the Longest Measles Outbreak in Recent History

And that’s where the PEACH Vaccine Safety Handbook comes into play.

Since at least 2014, the PEACH project folks and have been distributing their magazines filled with misinformation about vaccines in Orthodox Jewish communities.

In addition to Lakewood, the PEACH magazine was sent to “a mailing list that included a comprehensive directory of Pittsburgh families affiliated with various branches of Orthodoxy.”

And it found its way to Brooklyn and other Orthodox communities. Many of the same communities where we are now seeing the largest measles outbreaks in recent history, although there are plenty of outbreaks in other places too.

Surprisingly, PEACH is pure PRATT – anti-vaccine points refuted a thousand times.

Folks really should read the package insert of vaccines and should understand what they say. They don’t say that vaccines are associated with autism.

The cartoons were a nice touch, but should have been a tip-off that none of it was true! There is even a cartoon about the HAZMAT myth.

It all does look very official and sounds scary though, so it is easy to see how parents could be mislead by the magazine, especially when they seem to cite references for all of their “facts.”

This PEACH timeline was originally posted on several anti-vaccine websites back in 2007…

But let’s look at some of the facts in the above timeline:

  • is there any reason why Germany might have seen a rise in diphtheria cases in 1945?
  • Ghana was not declared measles-free in 1967. Unfortunately, Ghana is still not measles-free…
  • while the SV40 virus did contaminate some polio vaccines, it has not been associated with causing cancer or any other problems
  • whooping cough cases rose in Sweden and the UK because they stopped using the DPT vaccine in the late 1970s and 80s over fears of side effects. Of course, we now know that these fears were unfounded and many kids suffered because those fears were hyped by a few doctors, the media, and players from the start of the modern anti-vaccine movement
  • frivolous lawsuits over DPT side effects is what led to the rise in DPT prices
  • Jonas Salk testified that “mass inoculation against polio was the cause of most polio cases in the USA since 1961” because the Salk and Sabin polio vaccines had already controlled wild polio in the United States!!!
  • What about the idea that “the February 1981 issue of the Journal of the American Medical Association found that 90% of obstetricians and 66% of pediatricians refused to take the rubella vaccine?” That’s actually kind of true. But it was just a survey of a small number of employees at Los Angeles County University of Southern California Medical Center, most of whom believed that they actually were immune because they had likely been exposed to rubella so much in the past.

The rest of the magazine continues with the same kind of propaganda, trying to make folks think that vaccines don’t work, vaccines aren’t necessary, and that vaccines are dangerous.

Their experts?

From Russell Blaylock and Mark Geier to Tim O’Shea and Sherri Tenpenny, it is a who’s who of the worst folks in the modern anti-vaccine movement. They are certainly not the kind of folks you should be turning to for advice about vaccines, or anything else.

I wonder what they say about Shaken Baby Syndrome? Is it a vaccine injury too?!?

As we have seen with these growing measles outbreaks, although it makes a catchy slogan, you can’t always vaccinate later. You can wait until it is too late.

“I can only conjecture. But it has to be a combination a propensity towards conspiracy theories and religiosity gone awry based on bad information and in my view a gross misunderstanding of Halacha.”

AntiVaxxers – Religious Views Gone Awry

And that’s how you end up with the longest lasting measles outbreak in the United States in nearly 20 years.

More on How an Anti-Vaccine Safety Handbook Has Caused the Longest Measles Outbreak in Recent History