Numerous vaccine safety advocates assembled on the apron of the massive front steps to the U.S. Supreme Court on First Street, NE, in Washington, DC, to let the court—and the world—know that the highest court in the land got it wrong and did not act to protect an individual’s right to be compensated when damaged by a medical product: vaccines.
The court’s February 22, 2011, decision ‘amputated’ tort law while setting a legal precedent that just may scare many more parents from having their children vaccinated.
Hannah Bruesewitz’s father spoke as did Emily Tersell, whose 21-year-old daughter died after her third Gardasil® injection, as did Attorney Rolf Hazlehurst explain how his son, Yates, was damaged after a vaccine and is left with an autism diagnosis. These three parents spoke candidly, often citing raw facts that brought shivers to bystanders who stopped to hear the open-air press conference convened by authors of the book Vaccine Epidemic, Louise Habakus and Mary Holland, J.D.
To see a video of the 28-minute press conference, please access this web site (http://www.ustream.tv/recorded/13065127).
Incidentally, I was present at that press conference, as nothing could be more important than my showing solidarity with the Bruesewitz Family and thousands of children and families whose lives have been ruined by vaccines. It’s time that the U.S. Congress takes control of a real epidemic in the USA that it inadvertently created: Vaccine-damaged children who have no recourse at law. It is imperative that Congress revisit—and repeal—the 1986 National Childhood Vaccine Injury Act (NCVIA) that the Supreme Court just doesn’t understand. The NCVIA is NOT what the 99th U.S. Congress really intended.
The court’s 6 to 2 decision indicates just how ‘out to lunch’ Supreme Court justices really can be. Justices Sotomayor and Ginsburg dissenting remarks clarify how uninformed their fellow justices are about tort law, especially when it comes to vaccine makers. That has to be corrected, and very soon.
At the press conference I gave several members of the press and one U.S. Senate staffer the following press release:
Vaccines & Vaccinations: The Need for Congressional Investigation
Catherine J Frompovich and Laraine C Abbey-Katzev, co-editors of the 145-page monograph, Vaccines & Vaccinations: The Need for Congressional Investigation, stand in solidarity with the Hannah Bruesewitz Family whose constitutional and tort rights were negated by the U.S. Supreme Court’s unfortunate 6-2 decision of February 22, 2011.
If SCOTUS ruled almost simultaneously with the Bruesewitz case that “Mazda can be sued over seat-belt death,” where in U.S. tort law does it state those damaged by medical products cannot be sued? That misinterpretation of tort law, we feel, can be attributed to Justice Antonin Scalia who wrote the majority opinion for the court. (http://www.washingtonpost.com/wp-dyn/content…)
Additionally, the U.S. Congress MUST revisit the 1986 National Childhood Vaccine Injury Act (NCVIA) and also investigate neurotoxins and other poisons in vaccines—something Congress may not have been aware of fully—or was lobbied about with skewed or pseudo-science data, research, and peer-reviews generated by those who make vaccines.
Frompovich and Abbey-Katzev believe the two dissenting Justices, Ginsburg and Sotomayor, were on the correct track about vaccines, and SCOTUS should have followed them when making its decision. Unfortunately, Bruesewitz v. Wyeth, 09-152 sets a legal precedent for the future to deny countless children and adults of their legal and moral rights to compensation. The court’s decision denies product-damaged-individuals their rights to life, liberty, and happiness, including the right to due process. SCOTUS, in view of this decision, probably should be regarded as a ‘shill’ for Big Pharma and as a detriment to human and personal rights in the USA.
Interestingly, the USA condemns the abuse of personal rights in other countries, but here at home, when it comes to pharmaceutical governance, even the president became involved in lobbying SCOTUS to rule against a person’s right to sue with compensation for damage from a medical product. Is the SCOTUS Bruesewitz decision a red flag on human and personal rights in the USA? Everyone who values his or her life and body should be asking that stunning question now, and also should be demanding that SCOTUS rescind its decision—something unheard of—but, nevertheless, ethically moral—if SCOTUS is to be regarded as believing in U.S. tort law and human rights.