Wednesday, March 11, 2015

You Have All the Risk—Manufacturers Have No Liability

One cannot help but be shocked by that headline.  But it is one that is accurate when it comes to vaccines.  Regardless of how you feel about the safety or lacking thereof of vaccines, I do not like that ethical arrangement in which the consumer accepts 100% of the risk while the manufacturers have 0% of the liability.  What does that mean?

It means that if you or your child gets sick from the ingredients that appear inside a vaccine, you are out of luck.  It means that you cannot sue the drug manufacturer or the retailer who sold you the vaccine.  I can't think of any other market in which the consumer has zero protections.  


Called “Division EPublic Readiness and Emergency Preparedness Act (PREPA)” Senator Frist (a medical doctor) handed the drug companies (a special interest group) more immunity than any bill that has ever been passed by Congress.
The legislation provides at least sweeping provisions:
1.   Immunity from all liability.  In the event of an outbreak of any kind, all drugs, vaccines or biological products are completely protected, even if it kills you. The definition is so broad it could include OTC pills such as Tylenol, Advil . . . and would have applied to Vioxx.
2.   The Secretary of HHS has complete authority to declare and emergency. The Secretary of HHS is an appointed, non-medical person who has not accountability to the general public. The president’s hand-picked teammate will have the power to mandate vaccines and other medications for the American people.
3.   Immunity from all accountability. Even if the Company’s dirty facility created a batch of contaminated vaccines that resulted in death or injury to thousands of people, the drug company will have immune from liability.
4.   Immunity from all law suits. A person who suffers any type of loss will be legally prohibited from suing the drug companies.

Through the PREPAct, drug companies have  immunity from almost everything, perhaps even murder. The bill’s language explicitly protects frivolous suits and sets a rigidly high standard for defining negligence. Even if a pharmaceutical company knowingly harms people, the company will be immune from legal prosecution unless the U.S. Attorney General initiates “enforcement action” against the drug company in the name of the claimant. This means the U.S. government would have to go to bat for the plaintiff against the drug company for the lawsuit to move forward.
Regardless of what you think of the efficacy of vaccines, how anyone can accept anything as mandatory means that they are willing to surrender their ability and freedom to choose for some purported good stated by the government.  I've written elsewhere on the efficacy of the measles vaccines.  Vaccinations do not provide lifetime immunity.  With regards to the measles virus, the only thing that provides lifetime immunity to that is a bout of the measles.  The measles vaccine does not provide you with lifetime immunity to the measles.  In fact, most of the people who acquired measles this past winter, like at Disneyland, had already been vaccinated.  Rely on your own immune system.  Trust it.  You'll be able to fight off most things.  The pharmaceutical industry tries to scare you into taking their drugs because they want to make money on your fear.  Be a smarter consumer, a smarter citizen.

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