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No Pharma Liability? No Vaccine Mandates.
Posted: 3/2/2011 9:43:19 PM | with 29 comments

by Barbara Loe Fisher

On February 22, 2011 the U.S. Supreme Court shielded drug companies from all liability for harm caused by vaccines mandated by government when companies could have made a safer vaccine.  1

From now on, drug companies selling vaccines in America will not be held accountable by a jury of our peers in a court of law if those vaccines brain damage us but could have been made less toxic. 2 

If you get paralyzed by a flu shot or your child has a serious reaction to a vaccine required for school and becomes learning disabled, epileptic, autistic, asthmatic, diabetic or mentally retarded, you are on your own. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16

From now on – unless we stand up and draw the line on vaccine mandates - the government can legally use police powers to force every American to get hundreds of vaccinations or be punished while those, who are hurt by vaccination, can be more easily swept under the rug and left to fend for themselves.  17, 18, 19&, 20

Big Pharma Blackmailed Congress in 1982

To understand how this happened, we have to turn the clock back to 1982. That is when four big drug companies (Merck, Wyeth, Lederle, Connaught) blackmailed Congress by threatening to stop selling vaccines in America unless a law was passed giving them complete immunity from prosecution. 21

The pharmaceutical industry knew they were in big trouble because the old, crude whooping cough vaccine in the DPT shot was causing brain inflammation and death in many children; 22 the live oral polio vaccine was crippling children and adults with vaccine strain polio; 23  and Americans were filing lawsuits to hold drug companies responsible for the safety of their products. 

Supreme Court Allows Seat Belt Injury Lawsuits

On February 23, 2011, one day after the Supreme Court blocked lawsuits against drug companies for failing to make vaccines safer, they cleared the way for lawsuits against car manufacturers for failing to make seat belts safer. 24

Civil Liability Is A Consumer Protection

Civil liability is a consumer protection. In the past, civil liability has protected us from wealthy tobacco corporations selling cigarettes that were once endorsed by doctors and the U.S. government. 25, 26 Civil liability has protected us from defective cars and toys and food and drugs that have passed federal licensing and safety standards. 27, 28, 29, 30

Civil liability put pressure on drug companies to develop and license a less toxic pertussis vaccine in 1996. 31  Civil liability put pressure on federal health agencies to replace use of a contaminated, neurotoxic polio vaccine that can paralyze people with one that cannot. 32

Parents in 1980’s Opposed Total Liability Shield

Thirty years ago the wealthiest and most powerful industry lobbying on Capitol Hill and in state legislatures – the multi-billion dollar pharmaceutical industry  - tried very hard to get total liability protection for every vaccine that government regulates, recommends and mandates. 

The only difference is that three decades ago, government officials were ordering doctors to give children 23 doses of 7 vaccines and, today, that direct order is up to 70 doses of 16 vaccines.  33, 34

The parent co-founders of the National Vaccine Information Center worked with Congress back in the early 1980’s and we refused to support any legislation that would legally let the pharmaceutical industry completely off the hook. 35

1986 Law: Pharma Liability Was The Safety Net

Parents successfully argued that, if Congress was going to give drug companies partial liability protection through the creation of a federal vaccine injury compensation alternative to a lawsuit, then language had to be written into the National Childhood Vaccine Injury Act of 1986 that protected a citizen’s right to sue drug companies when federal compensation was denied, or the company had the technological ability to make a vaccine less toxic but refused to do it.  36

Continued civil liability was the safety net for American consumers in that law. Continued civil liability was the leverage that gave some financial incentive for drug companies to make vaccines safer and gave some political incentive for  government officials to award federal compensation to the vaccine injured.  37 

Supreme Court Wrote Pharma A Blank Check

Now, six activist Supreme Court judges have ripped the liability safety net from the U.S. mass vaccination system and written Big Pharma a blank check by deliberately ignoring the language and legislative history of the 1986 Vaccine Injury Act. Only Justices Sotomayor and Ginsburg, in an accurate and brilliant dissenting opinion, stood up for the people. 38

Every American Pays Surcharge on Every Vaccination

Now it will be much easier for employees in government health agencies and the U.S. Department of Justice and the Vaccine Court to deny vaccine victims federal compensation, which 308 million Americans pay for through a surcharge on each one of the annual flu shots and the dozens of doses of vaccines public health officials say we all should get. 39

There is $3 billion dollars waiting to be awarded in the Vaccine Injury Trust Fund, which has already been raided by federal agencies dragging vaccine victims through years of litigation and looking for ways to deny vaccine risks. 40

130 vaccinations from birth to death

The Supreme Court has now given Pharma and evangelistic doctors a green light to lobby legislators to require every American, who lives to be 78 years old, to get more than 130 doses of government recommended vaccines starting on the day of birth through the last year of life. 41

Hundreds of New Vaccines In Development

That does not include use of any of the hundreds of new vaccines now being developed by drug companies with government approval that will be required in the future - whether those vaccines are necessary or not; whether the vaccines work or not; whether the vaccines are dangerous or not and whether the people want to use the vaccines or not. 42, 43

This is not public health. This is exploitation of a captive people by a  pharmaceutical industry seeking unlimited profits and by doctors in positions of authority, who have never seen a vaccine they did not want to mandate. 

It is a drug company stockholder’s dream, a health care consumer’s worst nightmare and a prescription for tyranny. 

Americans Forced to Get More Vaccines Than Anyone in World

Americans are required by law to use more vaccines than any other nation in the world. In no other country - not in Canada, 44, the United Kingdom, 45 Australia, 46 New Zealand, 47 the Netherlands, 48 Germany, 49 Japan 50 or in any other country are citizens subjected to mandatory use of dozens of doses of vaccines under the threat of being denied a public education and health insurance and employment. 51 52 53

There is no other word for this but tyranny.

Vaccines Are Phamaceutical Products 

Vaccines are pharmaceutical products that carry a risk of injury or death, a risk that can be greater for some than others. If a vaccine is effective, then those choosing to use that vaccine will have nothing to fear from those who make another health care choice. If a vaccine is not effective, then consumers are being asked to take two risks:  a risk they will be harmed and a risk the vaccine will not work at all. 

That is not a product that should be legally required, especially when doctors cannot predict ahead of time who will be harmed by a vaccine and there is no civil liability for the company selling it, the person giving it or the government official mandating it.

No liability?

No accountability?  

No mandates.

Stand Up for Health Freedom

If corporations are in business to make money; if doctors can make mistakes; if judges can get it wrong; if what is considered scientific truth today can turn out to be not true tomorrow; and if nobody is held accountable in the civil justice system for vaccines that could have been made safer, then now is the time for all Americans to stand up for health freedom in this great nation of ours. 

There is no freedom more fundamental than the human right to be free to decide what risks we are wiling to take with our lives or our children’s lives.

Join NVIC: Help Us Help You

Please join with the non-profit National Vaccine Information Center, the largest, oldest and most experienced vaccine safety and informed consent watchdog in America. 

Help us help you stand up for your right to know and freedom to choose which vaccines that you consider necessary, safe and effective enough to use.

Help us defend every American’s right to seek justice in a civil court of law when vaccines cause harm - or do not work - so that reactive and ineffective vaccines are forced off the market.

Protect Vaccine Exemptions in Your State

Vaccine laws are state laws. Sign up for our free Advocacy Portal at www.NVICAdvocacy.org that will teach you how to participate effectively in the democratic legislative process and defend vaccine exemptions in your state laws. Educate your elected representatives about why it is so important to include strong consumer protections and informed consent rights in all public health laws.

Donate $10 and NVIC Receives $30 to Defend Freedom

Please make a donation – large or small – to NVIC. Because for every dollar you donate by March 31, 2011 THREE dollars will be donated to NVIC by a courageous and compassionate American, who has pledged to expand national public education and state based advocacy programs. 

This is a once in a lifetime opportunity to be part of building an effective, well-organized nationwide campaign to take back our freedom to make voluntary vaccination choices.

We Cannot Be Afraid

There is no time to waste. If we don’t learn from history, we will repeat it. We cannot be afraid to empower ourselves as a free people and make our democracy work. 

We can win back the freedom we have lost and take control of our health and the future of America. We can do it if we are as brave as those freedom-loving men and women, who founded America two centuries ago.

Be the one to stand up today to make sure that your children and grandchildren and all Americans will not live under tyranny tomorrow.

No forced vaccination.  

Not in America.

To watch a 90 second video PSA on this topic, click here.

 

References

1 Supreme Court of the United States. Russell Bruesewitz et al v. Wyeth et al. No. 09-152. Argued October 12, 2010 – Decided February 22, 2011. 

2 Business Wire. NVIC Press Release: National Vaccine Information Center Cites “Betrayal of Consumers by U.S. Supreme Court Giving Total Liabilty Shield to Big Pharma. February 23, 2011.

3 Alderslade R, Bellman MH et al. The National Childhood Encephalopathy Study: a report on 1000 cases of serious neurological disorders in infants and young children from the NCES research team. In: Whooping Cough: Reports from the Committee on the Safety of Medicines and the Joint Committee on Vaccination and Immunisation. Department of Health and Social Security, London: Her Majesty’s Stationery Office 1981. Br Med J (Clin Res Ed). 1981; May 16; 282(6276):1595-9.

4  Cody CL, Baraff L, Cherry JD et al. Nature and rates of adverse reactions associated with DTP and DT immunizations in infants and children. Pediatrics 1981; 68(5): 650-60.

5 Coulter HL, Fisher BL. DPT: A Shot in the Dark. 1985. 

6 National Childhood Vaccine Injury Act of 1986 (PL99-660).

7 Institute of Medicine. Adverse Effects of Pertussis & Rubella Vaccines. 1991. 

8 Institute of Medicine. Adverse Events Associated with Childhood Vaccines: Evidence Bearing on Causality. 1994.

9 Institute of Medicine. DPT Vaccine & Chronic Nervous System Dysfunction:  A New Analysis. 1994.

10 The Economist. Plagued by Cures. November 20, 1997. 

11 Enriquez R, Addington W et al. The relationship between vaccine refusal and self-report of atopic disease in children. J Allergy Clin Immunol. 2005 Apr;115(4):737-44. 

12 McDonald KL, Hug SL et al. Delay in diphtheria, pertussis, tetanus vaccination is associated with reduced risk of asthma. J Allergy Clin Immunol. 2008 Mar;121(3):626-31. Epub 2008 Jan 18.

13 Classen JB. Risk of vaccine induced diabetes in children with a family history of type 1 diabetes.The Open Pediatric Medical Journal 2008; 2:7-10. 

14 Haber P, DeStefano F et al. 2004. Guillain-Barre syndrome following influenza vaccination. Journal of the American Medical Association.

15 Fisher BL. Vaccines, Autism & Chronic Inflammation: The New Epidemic. National Vaccine Information Center 2008. 

16 Vaccine Adverse Events Reporting System (VAERS). 1990 - January 25, 2011: 358,599 vaccine adverse events reported. 

17Jacobsen v. Massachusetts, 197 U.S. 11(1905. LSU Law Center.

18 Fisher BL. Smallpox & Forced Vaccination: What Every American Needs to Know. National Vaccine Information Center 2001. 

19 ACLU. 2009. NYCLU Urges Public Education and Voluntary Vaccine for H1N1 Flu, Warns Vaccine Mandate Violates Privacy Rights. Testimony by Donna Lieberman.

20 Fisher BL. Forcing Flu Shots on Healthcare Workers: Who Is Next? September 29, 2010.

21 See Reference # 5.

22 See References # 3, 5, 6, 9

23 See Reference # 8

24 Supreme Court of the United States. Williamson et al v. Maza Motor of America, Inc. et al. No. 08-1314.  Argued November 3, 2010 – Decided February 23, 2011. 

25 Time Magazine. Photo Archive: Your Doctor Wants You to Smoke.

26 Verkuil P. A Leadership Case of Tobacco Use and Regulation. Benjamin Cardozo School of Law. University of Pennsylvania. 1998. 

27 Consumer Watch.com. Lawsuits: Car Steering Defect

28 Injury Board. Mattel Settles Claim Over 2007 Toy Recalls. 

29 Injury Board, LawWiki. Contaminated Food Products. 

30 Voreocos D, Johnson A. Merck Paid 3,468 Death Claims to Resolve Vioxx Suits. Bloomberg News. July 27, 2010.

31 The Pharma Letter. First Acellular DTP Vaccine Licensed for Infants in U.S.August 12, 1996.

32 Rock A. The Lethal Dangers of the Multi-Billion Dollar Vaccine Business. CNN Money. December 1, 1996.

33 FDA Consumer. Kids Vaccination Schedule Changed. Jan. 1986.

34 U.S. Centers for Disease Control.  2011 Child & Adolescent Immunization Schedules.

35 See References # 5 

36 See Reference #6

37 Vaccine Injury Compensation Program. Department of Health & Human Resources.  HRSA.

38 See Reference # 1

39 U.S. Department of Health & Human Services. Health Resources Services Administration (HRSA). Vaccine Injury Compensation Program Trust Fund.

40 U.S. Department of Treasury (Public Debt). Vaccine Injury Compensation Reports.

41 U.S. Centers for Disease Control. 2011 Adult Immunization Schedule.

42 Drug Discovery & Development. Vaccine Market A Refuge for Big Pharma. January 13, 2011.

43 National Institutes of Health. Clinical Trials – New Vaccines (1,067). Accessed March 2, 2011.

44  Vaccination Schedule – Canada  and Vaccine Risk Awareness Network (VRAN – Canada’s Vaccine Exemptions

45 Vaccination Schedule – United Kingdom.

46 Vaccination Schedule – Australia 

47 Vaccination Schedule – New Zealand and informed choice in New Zealand

48 Vaccination Schedule – Netherlands

49 Vaccination Schedule – Germany 

50 Vaccination Schedule - Japan

51 CNN. Vaccinations or Jail: County’s Threat to Parents. November 15, 2007.  

52 See References # 18, 19, 20

53 National Vaccine Information Center. Cry For Vaccine Freedom Wall. 

Posted: 3/2/2011 9:43:19 PM | with 29 comments





  
Comments
jana
personally I'm against vaccinations,it is money making bussines,cold war,it is silent killer of the nation
3/3/2011 12:36:03 PM
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KALA KOEHLER
Bless you for you dedication and passion to protect and to educate.
3/3/2011 6:06:35 PM
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Denise Porter
It's a lonely & thankless task to evangelize for truth & right in a world that denies both. Praying the living & true Creator God's blessing & protection in the battle. Neither government nor business denying & rebelling against His standards, & refusing to admit their limitations & need before Him can help us ---let alone save us.

Trust in relative & arbitrary --random--- 'gods' lead to relative & arbitrary 'justice.'
3/3/2011 6:58:24 PM
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Natural Health Ed
Barbara, I can't tell you how much I appreciate your courageous, intelligent, wise voice and well-researched and documented articles. Thank you.
3/5/2011 12:36:31 PM
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LMT
Thank you so much for all you have done and continue to do!
3/8/2011 9:23:30 AM
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Max
This is such important work. Thank you, Thank you.
3/8/2011 5:49:01 PM
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Dr. Lee D. Pierce
Big Brother has arrived and is at the door. What are you going to do about it?
3/9/2011 10:39:27 AM
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Paul Arthur
Help us defend every American’s right to seek justice in a civil court of law when vaccines cause harm - or do not work - so that reactive and ineffective vaccines are forced off the market.
Please make a donation – large or small – to NVIC. Because for every dollar you donate by March 31, 2011 THREE dollars will be donated to NVIC by a courageous and compassionate American, who has pledged to expand national public education and state based advocacy programs.
This is a once in a lifetime opportunity to be part of building an effective, well-organized nationwide campaign to take back our freedom to make voluntary vaccination choices.
3/9/2011 1:47:24 PM
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Annie
As a parent of a vaccine damaged child, I am not surprised by the Feb 22 US Supreme Court ruling. I have experienced, first hand, the decete, cover-up, denial, and fear-mongering the medical society participates in; contributing to the multi-billion dollar industry that has no regard for our stories. The NCVIA '86 law was to compensate victims...but was more so passed to protect manufacturers. Law states doctors are to report adverse events, yet that same law protects the same physicians, to not holding them legally liable if they fail to report an adverse event. Most doctors do not facilitate families of this program information; thus, causing parents to being denied due to the statute of limitations for the program.

I completely respect and am grateful for NVIC, and all of their individual and personal hard work and effort, they put into educating and informing others.

We must continue to stand and work together, because the Government will never look out for our children. This is all about profit gain, greed and control. And, I am afraid, what I predicted years ago, that the government (including the highest courts) will protect the corporations. Our country is being run by corporations which pay our government big dollars to protect them.

Most of us know what is going on here...I am just very happy that NVIC is unintimidated and remains honest and forthright with informing all of us. Thank you NVIC!
3/29/2011 4:08:57 PM
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Jenifer Corbett
The noble principles of "BY the people FOR the people" has been abandoned.It has been replaced with crooks who only make decisions for their own gain.
GOOOH stands for Get Out Of Our House. It is A NON-PARTISAN plan to evict career politicians from the US House of Representatives. It is set up to replace the career politicians with average citizens. Please take the time to read the plan.

You want a solution?!
www.GOOOH.com
4/15/2011 4:13:54 PM
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Donna Allen
Government has no place in our personal lives!
4/15/2011 6:12:32 PM
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David Silver
It's time for the masses to be educated by reality and not the propaganda of corporate greed. Put that thing up on the tron! You won't see it on any network news; that's for sure.
4/16/2011 7:43:26 AM
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Mark D'Emmanuele
Everytime someone tries to tell the truth and talk about the other hidden truth about vaccinations the powerful media tries to silence them. I guess democracy depends on who pays for advertising time.
4/16/2011 11:42:28 AM
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Grandmother Warrior
Thank-you for all that you do to educate us and for defending our right to chose, along with so much more.

I am working to educate others in my community.

Thank-you for being a Bright Light and a Champion for Children!

Much Love to you!
4/29/2011 8:00:50 PM
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Wilma
Sounds great to me BWTHDIK
6/9/2011 2:28:55 AM
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Pamela Drew
This a fantastically well researched piece, thank you!! You've done a brilliant job od distilling the policy and legislation down to the real picture of Pharming for Corporate Welfare with the help of Corporate Congress.

No matter the documented dangers & fatalities "Just Say No to Drugs" doesn't apply to anything that has a cut for Wall Street
7/18/2011 9:32:19 PM
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catia
I am a new mom (still pregnant of my first son) soon I will have to make a choice (the first 12 hours in the hospital I will have to decide to give or not the Hep B shot) and I am so confused and freaking out. More I read more confused I get, no clear options. What is the solution? spread out the vaccines?, not give any vaccine? Give few vaccines...?
Is it something that we can do about it? I feel so helpless!

Thank you
Catia
7/26/2011 10:00:01 PM
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Rick in tacoma
How will this affect personal injury lawyer s? I have a feeling business will be booming. Thanks for the post!
7/28/2011 10:11:40 AM
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Bruce
Looking at your situation from Cape Town, South Africa, I am truly appalled at whats happening in your country. I think that Big Pharma has now crossed the line, and this could lead to some form of showdown. I do however beleive that good will overcome evil. Hopefully without too much loss of life.
9/23/2011 4:07:43 PM
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EllenDiann
It is terrifying to see the mothers killing and harming their babies and insisting that vaccines are the only reason their child is alive. I was sick to my stomach today as I witnessed a very stressed 6-9 month old baby looking like acid reflux was tearing him up. The look on the face says it all. It was at a mall playground and I told the grandmother the baby had the same look my son had (in my IGNORANT days about vaccines. She confirmed that was the case. I shared about how vaccines are causing this and it was the grandmother who was not so opposed to that truth. Though she said I did not know that. I told her about how probiotics will help the baby's digestive system and important it was to be alkaline. The mother told me how her son older 2 year old son had almost died from the "retrovirus" and if she had not given her son the THREE retro virus vaccines her son would have surely died. I asked her if she possibly considered that maybe the vaccines caused her sons "retrovirus". Absolutely not she answered and I was horrified for her children as she was so brain washed. She literally believes the very things that are making her kids sick is helping them. Her children will suffer greatly as many children do at the hands of the MISLED. I think MISLED is a kinder truth, though any intelligent person should know that the side effects of the vaccines are real and contradictive to a strong immune system. My heart breaks for the children but I am blessed that my three younger children know the truth and do not allow their children to be poisoned with vaccines. My children and their children are healthy, NEVER sick and NEVER had a need for antibodics which also do great damage to the immune system. Pray for the mothers of this nation. If you could reach the million moms group that would be such a blessing. They now have groups called the millions dads. I have tried to reach Pastors, but the idolatry of "science" and "medicine" is blinding them and the sheep. THey don't even question that science is limited to the lie of evolution, even in health care. I have had people think I was the villian for sharing the truth about vaccines or that God has NOT withheld cancer cures,but that will not stop me from telling the truth. God is the Cure and we are the stewards who nourish or poison God's Temple. God's Word in the DNA is not a program, but a LIVING WORD for IN HIM (His Word) we live and move and have our being.
10/7/2011 5:23:35 PM
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Lina
@ EllenDiann, I am very touched by your comment, I totally agree with you and I encourage you to not let anybody or anything stop you from telling the truth. I pray that God will one day, and I am sure He will, do justice in this world. God bless!
11/3/2011 2:28:36 PM
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Tony
People should not be afraid of their government, government should fear their people, let's make it happen.
V for Vendetta
11/5/2011 7:31:08 AM
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Dahrann
Great hammer of Thor, that is powerfully helpful!
11/15/2011 6:26:07 AM
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Rosabel
Fell out of bed feeling down. This has brightened my day!
11/15/2011 5:13:33 PM
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liy
@EllenDiann we are one in the same. I try to educate other mothers as much as possible. Both my sister and I were very sick as babies from asthma to autoimmune thyroid disease. My sister vaccinated her twin daughters and both have severe asthma and both use steroid treatments. It is amazing how some cannot connect the dots. Unfortunately it is a constant battle with my sister, she like so many others believe its normal to have sick children...Leading by example is the only way to prove vaccines do more damage then good.. My son is almost 2yrs old and we only see his doctor for well visits. He is calm and attentive and extremely smart for his age.. He identifies every alphabet capital and small and counts from 1 to 11...If he comes down with a cold he is still active and it goes within a couple of days.. My hope is for more parents to do the research and educate themselves. US has the highest infant mortality rate.. Higher then 33 countries with non-aggressive vaccine schedules.. Parents need to start using common sense and start parenting and stop listening to CDC and Big Pharma Paid Pediatricians..
1/27/2012 12:05:58 AM
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Stephen T
This is a big issue in our country. There are a large number of vaccine clinical trials taking place right now, which are working to develop new vaccinations for diseases such as meningitis and the flu. While I agree that people should not be coerced into getting vaccinated, I like the freedom to get vaccinated if I chose. I think that without available vaccinations for the flu, we could be faced with another widespread pandemic. I don't know about you but I'd rather not have to experience something like the 1918 flu pandemic.
1/31/2012 10:45:50 AM
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Dr. Aleathea Wiggins
Parents should do their own research and trust their instincts. We are definitely over-medicating children in the United States and we have no idea of the long-term affects. It is sad when profits come before the health and safety of children. Read the article "Autism and Vaccinations: Will Your Pediatrician Tell the Truth?" at:

http://www.examiner.com/article/autism-and-vaccinations-will-your-pediatrician-tell-the-truth

*Learn more at: dr-wiggins.blogspot.com
4/22/2012 8:43:32 PM
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Diane
Ignore the political spin that says HPV is bad medicine. HPV vaccines are useful and safe. The only political question worth asking any GOP candidate is, do they favor universal HPV vaccination for every young American woman and how do they propose to make that happen?

Arthur Caplan, Ph.D., is director of the Center for Bioethics at the University of Pennsylvania.


What an uninformed individual Arthur Caplan is. HPV vaccines have killed numerous young girls and women and injured thousands. It's all about profit for big pharma companies.

WAKE UP AMERICA!
7/3/2012 10:12:30 AM
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ClinicalGPS
Hey, I just wanted to say thanks for providing yet another really interesting article. As before, I feel like there is solid evidence for the benefits that vaccines have provided. Just like Stephen said, no one wants to experience something like the 1918 epidemic again. However, I do feel that making vaccinations mandatory is not the right move to make. This is a free country right? A parent should not have to jump through hoops just because they don't want their own child vaccinated.
1/24/2013 1:36:36 PM
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