Vaccine makers could FINALLY lose liability protections, subjecting them to lawsuits for their injurious products
By ljdevon // 2024-10-03
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The 1986 Childhood Vaccine Injury Act, which gave liability protections to vaccine makers and allowed unsafe vaccines to remain on the market, could finally be REPEALED. Thirty Republican lawmakers co-sponsored House Bill 9828, which ends liability protections for vaccine makers, including the COVID-19 vaccine makers. If the bill passes into law, it would be the first time in over three decades that vaccine makers would be held liable for injuries resulting from vaccines listed on the Center’s for Disease Control (CDC) childhood immunization schedule.

Vaccine makers' 35-year immunity shield could be axed

For 35 years, the Childhood Vaccine Injury Act allowed injurious vaccines to remain on the market, with the manufacturers immune to prosecution and jury trials. Currently, families who lose a loved one to a vaccine or witness a loved one become permanently disabled are not allowed to sue the vaccine maker or hold anyone responsible for the administration of the injurious vaccine. Instead, the Act established a no-fault compensation system for individuals injured by vaccines, allowing them to file claims with the National Vaccine Injury Compensation Program (VICP) instead of suing manufacturers directly. Funded by a tax of 75 cents per dose, the VICP was intended to protect manufacturers from potentially crippling lawsuits. The VICP, controlled by the U.S. Department of Health and Human Services, assigns “special masters” to each vaccine injury case. These government lawyers and industry insiders ultimately get to decide the individual claims. These special masters become the judge and the jury over each case, weeding out fraudulent claims, but also dismissing countless legitimate claims (especially autism cases) in order to protect the solvency of the compensation system and to sustain vaccine supply. In essence, this kangaroo court sets aside a small amount of compensation for a small percentage of families who experienced vaccine injury or death. This system routinely dismisses vaccine injury cases and doesn’t set aside enough money to adequately compensate families who suffered through vaccine injury. Mary Holland, CEO of CHD, criticized the 1986 law for leaving injured families with no meaningful recourse, calling the compensation program a “sham.” She highlighted the rising incidence of chronic health conditions in children, linking it to inadequate accountability for vaccine manufacturers.

COVID-19 vaccine could lose liability protections previously granted under the PREP Act

Not only does the new bill strip liability protections for vaccines on the CDC’s childhood vaccine schedule but it also takes on liability protections currently afforded to COVID-19 vaccine manufacturers under the Public Readiness and Emergency Preparedness (PREP) Act. The Countermeasures Injury Compensation Program (CICP), which covers injuries from vaccines administered under Emergency Use Authorization, has only paid out 16 claims totaling just over $425,000, with most compensations falling below $9,000. The new law would treat these fraudulent vaccines just like any other injurious product and subject the COVID vaccine makers to civil suits as well. Robert F. Kennedy Jr., founder and chairman on leave of Children’s Health Defense (CHD), criticized vaccine manufacturers as "criminal enterprises" that have collectively paid tens of billions in criminal penalties over the past decade. Kennedy has long advocated for the elimination of liability protections for these manufacturers, asserting that the 1986 National Childhood Vaccine Injury Act removed their incentive to produce safe vaccines. "If we want safe and effective vaccines, we need to end the liability shield," he said. The proposed legislation has garnered support from CHD, React19, and The American Family Project. React19 founder Brianne Dressen, who suffered a serious injury from the COVID-19 vaccine while volunteering in a clinical trial, emphasized the need for an effective compensation process for those harmed. She stated in a post on X: "It’s time for the drug companies to pick up the tab." Sources include: ChildrensHealthDefense.org Congress.gov Congress.gov HRSA.gov TulsaToday.com ASPR.HHS.gov
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