Tag: vaccine court

About Those Lawsuits That Almost Put Vaccine Manufacturers out of Business

So you likely know that there were a bunch of lawsuits against manufacturers of the DPT vaccine in the early and mid 1980s.

“As the number of lawsuits grew to hundreds during the early 1980s, the pharmaceutical companies making vaccines saw their liability insurance bills soar. Worried not only about multimillion-dollar settlements, but also even the legal costs of defending themselves successfully, several companies simply stopped making vaccine.”

How a Media Scare On Vaccine Started a ‘near-Epidemic’

That’s why the National Vaccine Injury Compensation Act passed in 1986, creating the National Vaccine Injury Compensation Program and the Vaccine Court.

About Those Lawsuits That Almost Put Vaccine Manufacturers out of Business

But did those DPT vaccine lawsuits prove that vaccines aren’t safe?

Is that why vaccine manufacturers needed help to limit their liability?

“The total amount claimed in 1984 DTP vaccine suits ($1.3 billion) is more than 20 times the total value of 1984 sales of DTP vaccine at the market price of $2.80 per dose.”

Hinman on DTP Vaccine Litigation

Of course not!

While the older DPT vaccine did cause more local reactions, pain, and fever than the newer DTaP vaccine that replaced it, all of the serious reactions that triggered the lawsuits were later found to not be caused by the vaccine.

Most of the DPT lawsuits were thought to be frivolous.

That’s not surprising, as the same vaccine lawsuits that were succeeding in driving vaccine manufacturers out of business in the United States were failing in the UK and Canada!

This included the Loveday judgment in Great Britain’s High Court of Justice, Queen’s Bench Division and the Rothwell judgment in the Supreme Court of Ontario, Canada, both decided in 1988, with justices ruling that there was “insufficient evidence to demonstrate that pertussis vaccine can cause permanent brain damage in children.”

Similar cases were succeeding in the US though..

“The number (and dollar value) of suits increased in 1982, a year when broadcast and print media began to devote considerable attention to the alleged hazards associated with the use of pertussis-containing vaccines. Most of the media coverage has emphasized alleged risks of pertussis vaccines and has given relatively little attention to the benefits of their use.”

Hinman on DTP Vaccine Litigation

Most experts knew that most of the lawsuits were frivolous, but they weren’t able to stop the damage that was to come, as:

  • the DPT: Vaccine Roulette special aired on TV
  • Barbara Loe Fisher, believing that her child was damaged by the DPT vaccine, formed the Dissatisfied Parents Together organization and wrote the book DPT: A Shot in the Dark, which later influenced Bob Sears
  • there were temporary shortages of DTP vaccine in 1984, as “two of the three American manufacturers of the product decided to halt or restrict its sales.”

What else happened? I mean besides all of the studies proving the DPT vaccine was safe?

Parents who had been scared by the DPT controversy were ready and primed when Andy Wakefield showed up and told them that they had something new to worry about – the MMR vaccine and autism.

And of course, pertussis is now returning, as more parents are scared to vaccinate their kids and the newer DTaP vaccine isn’t as effective as DPT.

More on Those Lawsuits That Almost Put Vaccine Manufacturers out of Business

What Do Anti-Vaccine Folks Actually Know About Vaccines?

Anti-vaccine folks are spreading another quiz around…

It’s not the questions that automatically makes you think the quiz is anti-vaccine though. It’s how you just know anti-vaccine answers will be very different from someone who actually does know something about vaccines.

What Do Anti-Vaccine Folks Actually Know About Vaccines?

If you are anti-vaccine, you likely believe that vaccines are dangerous, full of toxins, and that they don’t even work. That gives other folks a giant hint as to how you would answer these 32 questions…

1. Can you name 5 vaccine ingredients?
Yes. I can also name what’s not in vaccines, including heavy metals, hidden ingredients, toxins, antifreeze, lead, glyphosate, vaginal spermicides, etc.
AV answerall vaccines contain toxic ingredients!
2/3. What is MRC-5/WI-38?
These are immortalized cell lines that are used to make some vaccines. These cell lines are derived (they can replicate infinitely) from fetal embryo fibroblast cells from two electively terminated pregnancies (abortions) in the 1960s. The cells used today are descendants of the original cells.
AV answerthere are aborted baby parts in our vaccines!
4. What is vaccine court?
The Vaccine Court is part of the National Vaccine Injury Compensation Program (VICP) and decides if the claims should be compensated or dismissed, etc.
AV answervaccine court proves that vaccine injuries are real.
5. What is the National Vaccine Injury Compensation Program?
The National Vaccine Injury Compensation Program (VICP) was created as “a no-fault alternative to the traditional legal system for resolving vaccine injury petitions.”
AV answerthe National Vaccine Injury Compensation Program (VICP) proves that vaccine injuries are real.
6. What is the 1986 National Childhood Vaccine Injury Act?
The National Childhood Vaccine Injury Act of 1986 established the VICP, the Vaccine Injury Compensation Trust Fund, the National Vaccine Program Office, VAERS, and required that health care providers give a Vaccine Information Statement to anyone getting a vaccine.
AV answerthe 1986 National Childhood Vaccine Injury Act should be repealed because it removed all liability from vaccine manufacturers.
7. How has the CDC schedule changed since 1986?
The immunization schedule has changed to include vaccines to protect kids against meningitis, pneumonia, blood infections, severe dehydration, epiglottitis, and cancer from Hib, pneumococcal disease, rotavirus, hepatitis B, hepatitis A, chicken pox, HPV, and meningococcal disease.
AV answerit has ballooned and exploded with 300 more vaccines in the pipeline!
8. How much money has been paid out by vaccine injury court?
Since the National Vaccine Injury Compensation Program began, in 1988, almost $3.5 billion dollars have been paid out for 4,899 compensated awards, the majority of which were settled, and during which time over 2.5 billion doses of vaccines were given.
AV answer$3.5 billion dollars, which proves that vaccine injuries are real!
9. How many doses of vaccines are in the CDC schedule between birth and age 18?
By age 18 years, today’s kids get 54 doses of 13 vaccines that protect them against 16 vaccine-preventable diseases, with a third of those doses coming from yearly flu vaccines.
AV answer72 doses!
10. Do vaccines contain DNA from aborted fetal cell lines? If so, which vaccines?
Residual, highly fragmented DNA is sometimes found in vaccines that are made using the MRC-5/WI-38 cell lines.
AV answervaccines contain aborted fetal tissue.
11. Do any vaccines contain dog, monkey, pig, or human DNA?
Residual DNA, if found in vaccines, is not a cause for concern. It is typically a function of growing vaccine viruses in mammalian cell lines.
AV answerdog, monkey, pig, and human DNA contaminate vaccines and will turn us all into mutant dog-monkey-pig-human hybrids.
12. What is an adjuvant?
An adjuvant in a vaccine can increase the body’s immune response to an antigen, allowing you to use a smaller amount of antigen, which is important, as it is the antigens that typically cause side effects.
AV answerAdjuvants in vaccines have never been tested and they trigger vaccine injuries and disease.
13. What is an antigen?
An antigen is a substance, often part of a virus or bacteria, that can stimulate an immune response and the production of antibodies. Surprisingly, even though kids get more vaccines than they used to, those vaccines contain far fewer antigens than older vaccines.
AV answerwe don’t care about antigens anymore, because all of the other vaccine ingredients are toxic.
14. Which arms of the immune system do vaccines stimulate?
It actually depends on the vaccine, but this is about the differences between innate (nonspecific and without memory) and adaptive immunity, which typically interact with each other, whether it is to create natural or vaccine induced immunity.
AV answerI don’t care which arm you try to give it to them, my kids aren’t getting vaccinated!
15. Which arms of the immune system do natural diseases stimulate?
As with vaccines, it depends on the disease.
AV answerEven if you offer to give the shot in their legs, my kids aren’t getting vaccinated!
16. What is transverse myelitis?
Transverse myelitis is a type of inflammation of the spinal cord, causing weakness and paralysis, and typically triggered by infections, immune system, inflammatory, and vascular disorders.
AV answertransverse myelitis is a vaccine injury.
17. What is encephalopathy?
Almost anything can cause encephalopathy, leading to diffuse brain disease and dysfunction.
AV answerencephalopathy is a vaccine injury.
18. What is the rate of autism in 2018? What was it in 2000? What was it in 1980?
The reported rate of autism has increased since 1980 because of better recognition, diagnostic substitution, broadening of the diagnostic criteria, and social influences. Vaccines are not associated with autism.
AV answervaccines cause autism. If it isn’t the MMR vaccine, then it is thimerosal, or maybe aluminum. Or it could be glyphosate. It is definitely vaccines though.
19. What is glyphosate? Is it in vaccines?
Glyphosate, a weed killer (Roundup) made by Monsanto is not in any vaccines.
AV answerbecause glyphosate is everywhere, including in vaccines, half of all children will be autistic by 2025.
20. If your child is injured who will take physical, emotional and financial responsibility?
If a child has a true vaccine injury, compensation from the National Vaccine Injury Compensation Program (VICP) will hopefully help with your financial responsibilities.
AV answeryou can not sue vaccine manufacturers, so they have no liability if your child is injured by a vaccine.
21. What was the Supreme Courts statement on vaccines in 2011?
In 2011, the Supreme Court decided Bruesewitz v. Wyeth, in which they used the infamous unavoidably unsafe terminology, which has been misunderstood by anti-vaccine folks ever since.
AV answerthe Supreme Court said that vaccines can never be safe.
22. Can you find a study showing vaccinated vs unvaccinated health outcomes?
Yes, yes I can. A large study, “Vaccination Status and Health in Children and Adolescents Findings of the German Health Interview and Examination Survey for Children and Adolescents (KiGGS),” found that unvaccinated kids weren’t healthier, they just had more measles, mumps, rubella, and pertussis.
AV answerthe Mawson study (published in a pay-to-publish journal after being retracted two other times) proves that unvaccinated (homeschooled) kids are healthier than vaccinated (homeschooled) kids.
23. Can you find a safety study proving it is safe to inject multiple vaccines?
Yes, yes I can. There are many studies that prove that it is safe to give multiple vaccines at the same time.
AV answervaccines have never been tested together.
24. Do vaccines shed?
A few vaccines do shed, including the rotavirus vaccines (in stool, so wash your hands when changing diapers) and oral polio vaccines, which haven’t been used in the United States since 2000. Although FluMist can shed, since the vaccine contains attenuated viral strains of the flu that are temperature-sensitive, it isn’t a problem, except maybe for someone who is severely immunocompromised.
AV answerour unvaccinated kids are at risk during shedding season!
25. Which vaccines can shed for up to 6 weeks?
The oral polio vaccine, which hasn’t been used in the United States since 2000, can likely shed for up to 6 weeks. This type of shedding is one of the reasons this weakened live virus vaccine is preferred over the inactivated polio vaccine when polio is still common in an area. In areas with poor hygiene and sanitation, the shedding (in stool) can lead to a type of passive immunization and improved herd immunity!
AV answershedding season is coming!
26. Which vaccines are live virus vaccines?
Attenuated, live virus vaccines which contain a weakened version of a virus include MMR, Varivax (chicken pox), the rotavirus vaccines, FluMist, the yellow fever vaccines, the oral polio vaccine, and vaccines against typhoid, cholera, adenovirus, and smallpox.
AV answerunvaccinated children are at risk from shedding if they are around kids who have gotten a live virus vaccine, especially during shedding season.
27. What is the Vaccine Injury Compensation Program (VICP)?
This is the same thing as the National Vaccine Injury Compensation Program (VICP) in question 5…
AV answerwe need to repeal both the NVICP and the VICP!
28. What is SV40?
Simian virus 40 was found to contaminate polio vaccines from 1955 through 1963. Fortunately, it has not been found to cause any disease in the folks who got those vaccines.
AV answervaccines are contaminated with monkey viruses and cause cancer.
29. What is MTHFR and how does it affect the body’s response to vaccines?
True MTHFR gene mutations rarely cause homocystinuria. Folks are more likely to hear about MTHFR polymorphisms, which are typically normal and have no affect on vaccines or anything else.
AV answerno one should not get vaccinated if they have MTHFR mutations or signs of MTHFR.
30. What is an acceptable amount of aluminum to be ingested per day versus the aluminum content in the Hep B shot given at birth, 2 months, and then again at 4 months?
Although there are limits on aluminum that premature neonates and infants getting daily intravenous fluids and IV feeding solutions over prolonged periods of time, that doesn’t mean that aluminum in vaccines that infants get every few months isn’t safe. It is. And they are.
AV answerinfants are getting toxic amounts of aluminum in their vaccines!
31. Can someone who was vaccinated for pertussis still spread pertussis after being exposed to it? If so, for how long?
Maybe. A study in baboons said it is possible. More importantly though, you are much more likely to get pertussis if you are unvaccinated, will have more severe symptoms, and will likely get more people sick.
AV answervaccinated people are the ones starting pertussis outbreaks.
32. What is the death rate from measles in the past 10 years in the U.S. compared to the death rate from the MMR vaccine in the past 10 years?
Deaths from measles are now rare in the United States because most people are vaccinated and protected. And unless you are looking at VAERS reports, the deaths from the MMR vaccine are also very rare. We will have more and more measles outbreaks if folks don’t get vaccinated though, increasing the risk of another measles death.
AV answermeasles is a mild disease that was on the Brady Bunch, and MMR is an unnecessary vaccine kills tons of people.

How did you answer the questions?

What Do Anti-Vaccine Folks Actually Know About Vaccines?

A Shot at the Dark – DPT vs DTaP

Everyone knows that the DPT vaccine caused a lot of vaccine injuries, right?

“I got interested in the topic of vaccines way back in medical school. A friend of mine convinced me to read a book about vaccines, and it ended up being a very anti-vaccine book. It was all about an old vaccine called the DTP vaccine that we don’t use anymore. But the book talked a lot about the risks and the dangers of that vaccine. The author of that book was calling for that vaccine to no longer be used.

A number of years later, it turns out that they did discover that vaccine was causing a lot of very severe, life-threatening, even fatal side effects, so they did end up taking that vaccine off the market.

So it kind of opened my eyes to the fact that there are some very severe, fortunately very rare, side effects to vaccines, and I wanted to learn more about this issue. I started reading a lot more books.”

Bob Sears, MD on The Vaccine War

After all, it was after reports of those vaccine injuries, including seizures and encephalitis, that led to:

  • lawsuits and many pharmaceutical companies to stop making vaccines
  • the DPT: Vaccine Roulette special airing on TV
  • Barbara Loe Fisher, believing that her child was damaged by the DPT vaccine, forming the Dissatisfied Parents Together organization (she later changed the name to the National Vaccine Information Center), and writing the book DPT: A Shot in the Dark (this is the anti-vaccine book that Bob Sears is talking about above)
  • the National Vaccine Injury Compensation Act passing in 1986, creating the National Vaccine Injury Compensation Program and the Vaccine Court
  • the DTaP vaccine replacing the DTP vaccine

But were those reports true?

And did they ever really discover that the DPT “vaccine was causing a lot of very severe, life-threatening, even fatal side effects,” which led to them “taking that vaccine off the market” as Dr. Bob said?

A Shot at the Dark

It is easy to think that they were true, as we don’t use the DTP vaccine anymore.

But was it ever “taken off the market?”

“During the period of transition from use of whole-cell DTP to DTaP, whole-cell DTP is an acceptable alternative to DTaP for any of the five doses. For the first four doses, whole-cell DTP combined with Hib vaccine (DTP-Hib vaccine) is an acceptable alternative to DTaP and Hib vaccine administered at separate sites.”

ACIP on Pertussis Vaccination: Use of Acellular Pertussis Vaccines Among Infants and Young Children Recommendations of the Advisory Committee on Immunization Practices

No, it was replaced by a newer vaccine – DTaP.

And actually, it is still used in some parts of the world.

The whole-cell DTP vaccine did cause more side effects than the newer DTaP vaccine, but we are talking about relatively mild side effects, like local reactions, pain, and fever. And while that it is good, it comes at a cost, a less effective vaccine.

What about epilepsy and encephalitis?

After all of the scare about the DPT vaccine, studies quickly showed that it didn't cause all of the bad side effects that folks say it did.
After all of the scare about the DPT vaccine, studies quickly showed that it didn’t cause all of the bad side effects that folks say it did.

One clue that the DTP vaccine didn’t cause many of the problems that were blamed on it, is that the same vaccine lawsuits that were succeeding in driving vaccine manufacturers out of business in the United States, were failing in the UK.

“Where given effects, such as serious neurological disease or permanent brain damage, occur with or without pertussis vaccination, it is only possible to assess whether the vaccine is a cause, or more precisely a risk factor, when the background incidence of the disease is taken into account. The question therefore is, does the effect occur more often after pertussis vaccination than could be expected by chance?”

Justice Jeremy Stuart-Smith

There is also the fact that many children who were originally thought to have been vaccine injured after their DPT vaccine are now known to have Dravet syndrome.

Without a diagnosis, Cossolotto said, she would probably still believe — erroneously — that the DPT shot caused Michaela’s illness. “I understand this is a genetic condition,” she said. “Having an answer does make a difference.”

Medical mystery: Seizures strike baby after routine vaccine

And then there are the reports and studies that found:

  • no association with brain injury, epilepsy, SIDS, or infantile spasms
  • no increased risk for serious neurological illness in the week after getting vaccinated with DPT
  • no increased risk for encephalopathy in the 90 days after receiving DTP and MMR vaccines
  • no difference in severe reactions after DPT vs DTaP, including encephalopathy, seizures, and allergic reactions

So no, the DPT vaccine was never really as dangerous as folks said or thought it was, despite what you might read or hear in anti-vaccine books or news reports.

What to Know About the Safety of the DPT Vaccine

Misconceptions about the risks and safety of the DPT vaccine created the modern anti-vaccine movement and unfortunately, continues to influence many people.

More on the Safety of the DPT Vaccine

 

Can Parents Still Sue Vaccine Manufacturers?

Have you heard the myth that vaccine manufacturers have no liability and that you can no longer sue them

Of course, it isn’t true.

After all, isn’t there a class action lawsuit against Merck about the mumps vaccine?

Can Parents Still Sue Vaccine Manufacturers?

The Wisconsin Coalition for Informed Vaccination is pushing myths about the liability of vaccine manufacturers.
The Wisconsin Coalition for Informed Vaccination is pushing myths about the liability of vaccine manufacturers.

Vaccines are safe, but they are not without some risks, so what happens if a child does suffer a vaccine injury? Hopefully, even if it is a rare life-threatening condition, they can get treated and improve, avoiding that particular vaccine in the future.

They can also file a petition with the Vaccine Court and if the reaction is determined to be caused by a vaccine, they can be compensated.

So parents don’t usually sue vaccine manufacturers directly – they go through Vaccine Court.

But that isn’t there only option…

Parents can still sue vaccine manufacturers:

  • if the claim is not related to vaccine injury
  • in state court for vaccine injury, as long as the claim is not of design defect, and as long as they have already gone through Vaccine Court

So it certainly isn’t true that “under no circumstance may you sue a vaccine manufacturer.”

What’s the benefit of going through Vaccine Court, “a no-fault alternative to the traditional legal system for resolving vaccine injury petitions?”

For one thing, the majority of compensated claims in Vaccine Court are settled claims, in which “cannot be characterized as a decision by HHS or by the Court that the vaccine caused an injury.”

etitioners would not get to use the Althen standard if the National Childhood Vaccine Injury Act and NVICP were rescinded.
Petitioners would not get to use the Althen standard if the National Childhood Vaccine Injury Act and NVICP were rescinded.

It is likely that at least some of those claims wouldn’t win if they weren’t in Vaccine Court, where:

  • causation is presumed (you automatically win) if you are claiming a table injury
  • the rules for evidence are relaxed and expert testimony does not necessarily have to meet the  strict requirements of the Daubert standard
  • petitioners must meet a fairly lenient standard to win, the regular standard of proof for a civil trial (more likely than not), but only have to provide a plausible theory for vaccine injury. Instead of providing scientific evidence or proving causation, they simply have to provide a theory that “is ‘logical’ and legally probable, not medically or scientifically certain.”
  • you don’t have to show that the vaccine was defective to make your case

Another benefit of Vaccine Court? All lawyer fees are paid, whether you win or lose, and lawyers do not get part of the award if you win. In traditional court, lawyers might get up to thirty-three percent of your award.

What to Know About Vaccine Manufacturer Liability and Vaccine Court

Although they must usually go through Vaccine Court first, folks can still sue vaccine manufacturers in some cases.

More on Vaccine Manufacturer Liability and Vaccine Court