Saturday, December 23, 2023

The 1986 Law permits them the right to not disclose known risks to parents or guardians of those being vaccinated

This is an excerpt from the NIH Bookshelf, Chapter 6 of the book titled, Division of Health Promotion and Disease Prevention. Vaccine Supply and Innovation. Washington (DC): National Academies Press (US); 1985. Chapter 6 is titled, "Liability for the Production and Sale of Vaccines." 

Starting in 1988, no vaccine manufacturer was liable for a vaccine-related injury or death from one of the recommended vaccines "if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings."  This language stems from the second restatement of torts the US Supreme Court decided Bruesewitz v. Wyeth, which dealt specifically with this provision in February 2011.

In addition to broad liability protection, the 1986 Law also provides another shield to manufacturers under federal law.  The 1986 Law permits them the right to not disclose known risks to parents or guardians of those being vaccinated.  Resting on the "learned intermediary" doctrine, manufacturers bear no liability for giving, or failing to give, accurate or complete information to those vaccinated, and have only to provide relevant information to doctors, who must give patients CDC Vaccine Information Statements. 

The Court of Appeals for the Federal Circuit has established a petitioner's burden of proof in a series of cases it requires that a petitioner prove: 

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