Vaccine companies and governments have done everything possible to avoid any accountability for the consequences of the mandates they impose. S4316/A6451 would go a long way to restore fundamental legal rights and processes that apply in every other human activity in the US except vaccines. 

TAKE ACTION

Please use the panel to the left to send messages to your Assemblymember and State Senator asking them to co-sponsor these bills. Contact information for your legislators should appear below.

Please call the offices of your State Senator and Assemblymember and ask them to support and co-sponsor these bills. 

Look up your legislators' contact information at the links below:

https://nyassembly.gov/mem/search/

https://www.nysenate.gov/find-my-senator

Call the Governor and leaders of the Assembly and State Senate and encourage them to pass S4316/A6451

Governor Kathy Hochul 

Albany (518) 474-8390,  Manhattan (212) 681-4580

Fax: (518) 474-1513

https://www.facebook.com/govkathyhochul

Twitter: @GovKathyHochul

Senate Majority Leader Andrea Stewart-Cousins 

Albany: Telephone (518) 455-2585, (518) 455-2715

Albany:  Fax (518) 426-6844, (518) 426-6811

District: Telephone (914) 423-4031, Fax (914) 423-0979,

New York City: Telephone (212) 298-5585, Fax (212) 298-5623

scousins@nysenate.gov

Twitter: @AndreaSCousins

https://www.facebook.com/andrea.stewartcousins

Speaker of the Assembly Carl Heastie 

Albany: (518) 455-3791, District: (718) 654-6539

speaker@nyassembly.gov

Twitter: @carlheastie

https://www.facebook.com/carl.heastie

TALKING POINTS

A bedrock fact of US vaccine policy is that vaccine manufacturers and workers who inject vaccines got substantial liability protection with the passage of the National Vaccine Childhood Injury Act in 1986, and complete liability immunity in the aftermath of the Brusewitz v. Wyeth decision by the US Supreme Court in 2011. During COVID we saw a huge increase in the number of people forced to get COVID shots  to keep their jobs, remain in school, or to participate in civil society. During the same period, we saw a massive increase in the number of vaccine injuries reported to the Vaccine Adverse Event Reporting System. 

Since 1988 anyone injured by a vaccine had to apply to the National Childhood Vaccine Injury Program, the “vaccine court.” 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 dollars. 

Since the COVID vaccine was introduced vaccine injuries reported to the Vaccine Adverse Event Reporting System (VAERS) have increased massively. More injuries have been reported since 2020 than in the previous 30 years since VAERS’s founding. But COVID shots are not legally considered “vaccines” by the federal government. They are classified as 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 12 years of existence, the CICP has compensated a grand total of 40 injured people, including  $34,925 for 11 COVID shot injuries out of 1.6 million COVID injuries reported to VAERS.

New York Governors Cuomo and Hochul, imposed COVID shot mandates on all healthcare and nursing home workers in the state. Court employees including judges had to get the shots. Under direction from Cuomo the Trustees of SUNY and CUNY order all students (but not employees or faculty) to get the shots. Mayor Bill di Blasio ordered all New York City employees to get shots or lose their jobs. Mayor Eric Adams declared that anyone employed in the city of New York must get the COVID injection to continue working, and that everyone had to prove that they had the shot to enter most public places.

The Autism Action Network believes the denial of our right to sue for vaccine injury is a gross violation of our Seventh Amendment rights. Our constitutional right to a trial with a jury in civil court is explicit, "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."

Lawsuits in the 70's and 80's against vaccine manufacturers were common, just like they are now for drug injuries, drugs made by the same giant companies that make vaccines.  We can sue Merck, Pfizer, Sanofi or Glaxo for an injury caused by one of their drug products, but you can not sue for a vaccine injury. These four companies make all the vaccines required to attend school in New York, and all four of them are serial felons. All of them have paid billions of dollars in fines, penalties and settlements for crimes ranging racketeering, bribing doctors, faking evidence submitted to the regulatory agencies, to killing more than 100,000 people with Merck's Vioxx product alone. But we cannot sue them in a real court for their somehow magically pure vaccine products. 

Americans can, however, apply to 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. There is no right to an appeal. The patents for the vaccine that caused the injury are frequently owned by the federal government. Damages for deaths have been capped at $250,000 since the program began in 1986. The "vaccine court" rules are stacked in every possible way to favor the government. The program should borrow Dante's motto inscribed above the gates of Hell, "Abandon all hope ye who enter here." And the CICP is far worse.

The New York legislature acted recently to allow lawsuits against previously shielded industries. Former New York Governor Andrew Cuomo said in 2021, "Only industry in the United States of America immune from lawsuits are the gun manufacturers," conveniently omitting the other exception for vaccines.  Cuomo made the statement at a publicity event announcing he would sign a bill that allowed New Yorkers to file lawsuits against gun manufacturers, circumventing a 2005 federal law that gave gun companies legal immunity, just like the vaccine companies got in 1986. 137 legislators (all Democrats) voted to pass the bill allowing lawsuits against gun makers, you would think they would also support a bill that would allow New Yorkers to go to court for injuries caused by an activity mandated by the state.  They all agreed not being able to sue is a bad thing. Why does that not apply to vaccines?

The Autism Action Network takes no position on gun policy issues, but if the State of New York needs a law to allow lawsuits against gun manufacturers denied by federal policy, why not allow lawsuits against vaccine manufacturers which are also denied by federal policy?

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.

See the bill here:

https://nyassembly.gov/leg/?bn=A06451&term=2023

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