Vaccine manufacturers won nearly complete liability protection with the passage of the National Vaccine Childhood Injury Act in 1986. Since then, anyone injured by a vaccine has to apply to the National Childhood Vaccine Injury Program, the “vaccine court.”
Except it is not a court. There is no judge. Plaintiffs' lawyers are paid by the government. Plaintiffs have no right to subpoena. There is no right to discovery, nor the right to compel defendants to produce documents and other evidence. Damages for deaths have been capped at $250,000 since 1986. The “vaccine court” is notorious for the extremely limited number of vaccine injuries that it will recognize and compensate, yet it has still paid out more than $4 billion. In recent years, the majority of successful cases have been for arm injuries to adults caused by the flu shot.
In the original text of the 1986 law, we still retained the right to go to state Court after completing the federal process. But that door was slammed shut by the Supreme Court in 2011 with the decision in Brusewitz v. Wyeth.
Since the 1986 act was passed, the value of the US vaccine market grew from less than $100 million to more than $34 billion in 2023.
Take Action
Please use the panel to the right to send a message to your member of the US House of Representatives and ask him or her to co-sponsor HR 9828 if they have not already done so.
Please share the following link to this action alert with friends and family and on social media:
https://www.votervoice.net/AUTISMACTION/Campaigns/118368/Respond
Right now, vaccine companies have literally nothing to lose if they produce dangerous products because none of the institutions that are supposed to protect us from unsafe products function in the United States. The regulatory agencies that are supposed to assure that medical products are safe and effective are completely captured by the industries they claim to regulate. Government and employer-enforced mandates coerce people into getting shots regardless of our own assessment of their need, efficacy, or safety. And we cannot go to a real court with the full range of protections created by almost 1000 years of Anglo-American jurisprudence.
Our rights were further eviscerated with the passage of the Public Readiness and Emergency Preparedness (PREP) Act of 2005, which gave complete legal immunity to manufacturers, distributors and administrators of products intended to address public health emergencies or security threats. That includes shots for COVID, “pandemic flu,” and monkeypox among others.
These shots are considered bio-warfare “countermeasures.” Consequently, injuries caused by COVID shots are not under the jurisdiction of the “vaccine court,” but the Countermeasures Injury Compensation Program (CICP). In its 14 years of existence, the CICP has compensated a grand total of 46 injured people $6.5 million, and 16 COVID shot injuries.
During COVID, we saw a huge increase in the number of people forced to get shots to keep their jobs, remain in school, or to participate in civil society. According to OpenVAERS more than 1.6 million COVID shot injuries alone have been reported to VAERS. More injuries have been reported since 2020 than in the previous 30 years of VAERS’s existence. But COVID shots are not legally considered “vaccines” by the federal government.
The Seventh Amendment gives us the right to go to civil court for any injury with a value of more than $20:
"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law."
We can sue Merck, Pfizer, Sanofi or Glaxo for an injury caused by one of their drug products, but we cannot sue for a vaccine injury. These four companies make all the vaccines required to attend school in the United States, and all four of them are serial felons. All of them have paid billions of dollars in fines, penalties and settlements for crimes ranging from racketeering, and bribing doctors, to faking evidence submitted to the regulatory agencies, to killing more than 100,000 people with Merck’s Vioxx.
It is long past the time for the States to end this gross injustice and restore our fundamental human and Constitutional rights and allow us to go to a real court, with real rights.