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Colorado House Committee Acts to Prevent Investigations of Parents Based Solely on Child's Vaccination History

Posted: 3/21/2020 7:04:55 PM | with 1 comments

By Theresa Wrangham

In the Colorado House of Representatives, a bill (HB20-1297) protecting parents from investigations by Child Protective Services and charges of child abuse or neglect based solely on a child’s vaccination status cleared its first legislative hurdle on March 13th with a unanimous vote of support from the House Public Health Care & Human Service Committee. Committee chair Representative Jonathan Singer (D) stated that he would renew his request for the Speaker of the House to add him as Co-Prime sponsor with sponsors Representative Mark Baisley (R) and Senator Paul Lundeen (R). The bill’s primary House sponsor, Representative Baisley, worked with many members of the committee and stakeholders to win bipartisan support for the bill.

Bill Prohibits False Reports of Child Abuse Based on Child’s Vaccination Status

The bill has not been published with amendments passed by the House committee because the Colorado’s legislature has suspended activity until March 30. However, the intent of the bill is to clarify and add existing statutory language to appropriately appear under Colorado’s Children’s Code. The bill prohibits the use of a child's vaccination status from being used as the sole premise to either initiate an investigation of child abuse or neglect, or being used as a determining factor in reaching a finding of child abuse or neglect. The bill also protects parental and guardian decisions to delay or decline one or more vaccines outside of school vaccine exemption status. The addition of this language in Colorado’s Children’s Code will also hold physicians and other medical professionals, who are required to report suspected abuse and neglect of children, to the same legal accountability currently in place for false reporting of neglect and abuse. 

NVIC Testifies in Support of Bill

NVIC’s Executive Director, Theresa Wrangham was one of a handful of people testifying in support of the bill. There was no testimony presented in opposition to the bill.

HB 20-1297 does not entail costs for the state and requires no fiscal note. Once Colorado reconvenes its legislature, the bill will move to the House floor for second and third readings before passing to the Senate for consideration.

Colorado provides audio and video recordings of hearings and HB20-1297 House hearing proceedings can be heard at mark 2:43:20, with Ms. Wrangham’s testimony at mark 2:58:10.

Join NVIC’s Advocacy Portal to Protect Vaccine Choices in Your State

To learn more about vaccine related legislation in your state, register for NVIC’s Advocacy Portal today. This unique, free communication and networking resource will provide you with analyses of bills and talking points, bill status, and action alerts, as well as direct links to your own elected officials. The Portal makes it easy for you to quickly communicate your interest and concerns about vaccine related legislation to your elected representatives.  Bills can move quickly, so once you have registered for the Portal, be sure to log-in often for updates and to check which bills are moving in your state.

colorado hb20
From left to right, Colorado citizens gather after the House committee passage of HB20-1297: House Bill Sponsor, Representative Mark Baisley (R), Leslie Scott, Wendy McBride, Rachel Posner, Kim Zawaki, Els Fleugels-Soxman, Cinthia Williamson and Theresa Wrangham, NVIC Executive Director.

Note: This commentary provides referenced information and perspective on a topic related to vaccine science, policy, law or ethics being discussed in public forums and by U.S. lawmakers.  The websites of the U.S. Department of Health and Human Services (DHHS) provide information and perspective of federal agencies responsible for vaccine research, development, regulation and policymaking.

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The National Plan to Vaccinate Every American

Posted: 3/21/2020 6:36:22 PM | with 34 comments

By Barbara Loe Fisher

To activate and view hyperlinked references, please click here once and then click any superscripted number below to access a hyperlinked reference, or scroll down to the bottom of the article to view all hyperlinked references.

Scientists at the National Institutes of Health are working with a biotech company to quickly start clinical trials of an experimental messenger RNA vaccine and fast track it to licensure. 1 The FDA has not yet licensed messenger RNA vaccines that use part of the RNA of a virus to manipulate the body’s immune system into stimulating a potent immune response. 2 3  It looks like the coronavirus vaccine will be the first genetically engineered messenger RNA vaccine to be fast tracked to licensure, just like Gardasil was the first genetically engineered virus-like particle vaccine to be fast tracked to licensure. 4 5

There likely will be lots of questions about whether the fast tracked coronavirus vaccine was studied long enough to adequately demonstrate safety, especially for people who have trouble resolving strong inflammatory responses in their bodies and may be at greater risk for vaccine reactions.6 7 8 9 10 However, there is no question about what will happen if the Centers for Disease Control’s (CDC) Advisory Committee on Immunization Practices (ACIP) 11 12 recommends that all Americans get the newly licensed coronavirus vaccine.

The government has a National Vaccine Plan. It is a Plan designed to make sure you, your child and everyone in America gets every dose of every vaccine that government officials recommend now and in the future.

1986-1996: Establishing & Creating The Plan

Established under the 1986 National Childhood Vaccine Injury Act during the Reagan Administration, 13 the Plan didn’t really get traction until Congress funded the Vaccines for Children program in 1993 under the Clinton Administration 14 15 and gave the Department of Health and Human Services authority to fund a network of state-based electronic vaccine tracking registries 16 that can monitor the vaccination histories of children without the informed consent of their parents.

In 1995, then Secretary of Health Donna Shalala used rule-making authority to authorize the Social Security Administration to disclose the social security number of every baby born in the country to state governments without parental consent.17 Federal officials explained that – quote - “public health program uses of the social security numbers would include, but are not limited to, establishing immunization registries” and that new routine use of social security numbers would help the government operate “a national network of coordinated statewide immunization registries.” 18

By 1996, when Congress established a national Electronic Health Records (EHR) system under HIPPA, 19 the stage had been set for a government-operated electronic surveillance system to monitor the personal medical records and vaccination status of all Americans. 20 21  22 23  The justification for this big data grab by the government, which clearly violated the privacy of Americans, was to- quote - “protect the public by reducing disease.”

Nationwide Electronic Health Records & Vaccine Tracking Systems

Today, the nationwide federally funded Electronic Health Records system captures the details of every visit you make to a doctor’s office, hospital, pharmacy, laboratory or other medical facility; every medical diagnosis you get; every drug you have been prescribed and every vaccine you accept or refuse.   Your Electronic Health Record can be accessed not only by government health agencies like the Social Security Administration, Medicaid and federal and state health and law enforcement agencies, 24 25 but also can be shared with authorized third parties such as doctors, health insurance companies, HMOs and other corporations, hospitals, labs, nursing homes and medical researchers. 26 27 28

A new Health Information Exchange 29 30 31 initiative funded by the government will make it even easier for computerized health and vaccine records databases to tag, track down and sanction Americans who do not go along with the National Vaccine Plan in the future.  32 33 34 35 36 37 38

What Happened to the Plan’s Duty to Prevent Adverse Reactions to Vaccines?

Ironically, when Congress directed the Department of Health and Human Services to create a National Vaccine Program in the 1986 Act, federal health officials were told to put together a Plan to – quote - “achieve optimal prevention of human infectious diseases through immunization and to achieve optimal prevention against adverse reactions to vaccines.” 39  The Plan was not supposed to focus solely on vaccine development and promotion but to equally focus on preventing vaccine reactions.

Yet, in the very first 1994 National Vaccine Plan only four out of 25 “objectives” and only two out of 14 anticipated “outcomes” addressed preventing vaccine reactions. 40 The 2010 version of the Plan 41 also largely ignored the legal duty of HHS to conduct vaccine safety research to fill in long standing knowledge gaps and take steps to make vaccines and vaccine policies less likely to cause harm. 42 43 44 45 46 47 48 49 50 51 52

Looking back, it appears Congress was not really committed to funding research and creating substantive initiatives to reduce vaccine risks, regardless of what was stated in the 1986 Act, or there would been congressional oversight and federal agencies would have been directed to follow the law rather than ignore it for more than 30 years. 53

Government’s Vaccine Marketing Plan for the Pharmaceutical Industry

Instead, government agencies have brazenly forged lucrative public private business partnerships with the pharmaceutical industry and the medical establishment to:

  • develop many new vaccines; 54 55 56 57
  • increase public demand for vaccines; 58
  • raise vaccination rates among children to nearly 100 percent; 59
  • create and expand electronic vaccine tracking registries; 60 61 62 63 64 and
  • promote global vaccination programs, 65 66 even though the primary purpose of the 1986 Act was to reduce vaccine reactions and protect the U.S. childhood vaccine supply, 67 not fund and expand global vaccination programs.

In fact, federal health officials accurately characterize the U.S. vaccination system in the 21st century as a business. A decade ago they admitted that – quote -“The 2010 National Vaccine Plan provides a vision for the U.S. vaccine and immunization enterprise for the next decade.” 68 That’s because they know the National Vaccine Plan is really a Vaccine Marketing Plan for the pharmaceutical industry. 69 70 71 72

So, if you are wondering why many states are trying to pass laws eliminating all vaccine exemptions and mandate every vaccine the pharmaceutical industry produces and the CDC recommends, 73 74 75 76 you don’t have to look any further than the government’s well-financed National Vaccine Plan.

Implementation of The Plan Accelerated in 2011

Implementation of the Plan was accelerated in 2011 after the U.S. Supreme Court declared FDA licensed vaccines to be –quote - “unavoidably unsafe” for the purpose of removing almost all remaining liability from drug companies when vaccines hurt people. 77 78

Since 2011, two powerful CDC-appointed vaccine advisory committees influenced by members associated with the pharmaceutical and medical trade industries – the Advisory Committee on Immunization Practices (ACIP) 79 80 81 82 83 and the National Vaccine Advisory Committee (NVAC) 84 85 86 – have been busy coming up with new ways to meet strategic goals of the National Vaccine Plan.

When highly publicized cases of measles were reported in California’s Disneyland in 2015 87 and in New York in 2019, 88 89 with military precision pursuit of the Plan was kicked into even high gear. 90 91

During the past five years, California, Vermont, New York, Maine and Hawaii have lost vaccine exemptions, even though tens of thousands of Americans rose up in protest. 92 In 2019, the people managed to hold on to exemptions in states like Oregon, Arizona and New Jersey 93 but this year, bills to force vaccine use are already threatening parental, civil and human rights in Virginia, Massachusetts, Florida, Washington, Pennsylvania and more. 94

Five Main Types of Vaccine Laws Being Proposed in States

These are the five main types of laws being proposed in the states and your state may be one of them:

Number One:  State laws that eliminate all personal belief vaccine exemptions allowing you to follow your conscience or religious beliefs and make it illegal for physicians to grant a medical exemption unless it strictly conforms to very narrow CDC-approved contraindications to vaccination.

National vaccine coverage rates among school children are at 95 percent for core vaccines like polio, pertussis, measles and chickenpox, yet, government health officials are not satisfied. 95 They have narrowed vaccine contraindications so that almost no medical history or health condition qualifies as a reason for a medical exemption. 96

If you or your child have had previous vaccine reactions, are vaccine injured, have a brother or sister who was injured or died after vaccination, or are suffering with a brain or immune system disorder that the CDC’s Advisory Committee on Immunization Practices (ACIP) does not consider to be a contraindication to vaccination, states like California 97 98 are denying physicians the right to exercise professional judgment and give children a medical exemption to vaccination are threatening human rights. 99

No wonder less than one percent of vaccine reactions are ever reported to the federal Vaccine Adverse Events Reporting System 100 and doctors feel free to discriminate against and deny medical care to anyone who is not vaccinated according to CDC schedules. 101

Laws that eliminate medical, religious and conscience exemptions to vaccination and ban citizens from getting a school education – even a college education – do violate civil and human rights and so do vaccine mandates by employers who fire or refuse to hire workers based on their vaccination status. 102 103 104   The two professions being targeted first for workplace vaccine mandates are healthcare 105 106 107 and childcare workers, 108 109 but they certainly will not be the last. 110

Number Two:  State laws that turn unelected members of the CDC’s Advisory Committee on Immunization Practices into de facto lawmakers and automatically mandate all current and future federally recommended vaccines without any public discussion or vote by duly elected state legislators.

Under the U.S. Constitution, state legislatures hold the majority of power to pass public health laws, so vaccine laws are state laws. 111 112  If states hand that constitutional authority over to an unelected federal government committee, the people no longer can work through their elected state representatives to make sure laws do not force involuntary medical risk taking and punish citizens exercising civil and human rights. 113

It is clear that Pharma and medical trade lobbyists partnering with government officials to implement the National Vaccine Plan are unhappy they have to spend so much time and money trying to strong arm state legislators into mandating every CDC recommended vaccine. At the same time, some politicians are not happy that a growing number of Americans are showing up in state Capitols to oppose oppressive vaccine mandates.

Today, it costs a staggering $3,000 to give a child every one of the 69 doses of 16 vaccines on the federal government’s schedule. 114  In addition to coronavirus vaccine, there are more than a dozen experimental vaccines being fast tracked to market for TB, influenza, HIV/AIDS, gonorrhea, herpes simplex, strep A and B, e-coli, RSV, salmonella, and malaria, 115 with several hundred more being developed in a global vaccine market estimated to balloon to nearly $100 billion by 2026. 116 117

State laws that automatically mandate all federally recommended vaccines are handing Big Pharma a big blank check and putting an unknown number of vaccine vulnerable children and adults at risk for serious health problems if they are forced to use every one of them. 118 119 120 121 122

Number Three: State laws that allow doctors to declare minor children mentally competent to consent to vaccination so children can be vaccinated without the knowledge of their parents.

There is plenty of scientific evidence that children’s brains are not developed enough before or during teenage years to support rational benefit and risk decision-making, especially if they are subjected to pressure. 123 124 Giving doctors the legal authority to, in effect, go behind parents’ backs and persuade a minor child to get liability free vaccines violates the legal right of parents to consent to medical interventions performed on their children. 125 It also puts vaccine vulnerable children at greater risk for suffering reactions. 126

Parents know their child’s personal and family medical history best and if parents are left in the dark, not only are they blocked from preventing vaccine reactions but there is no way for them to monitor a child after vaccination for signs of reactions so they can immediately take their child for treatment. 127

Number Four: State laws requiring schools to publicly post vaccine coverage rates for the purpose of shaming schools that allow students with vaccine exemptions to receive a school education.

Publicly posting school vaccination rates and numbers of students with exemptions creates a hostile community environment by targeting certain schools and families, whose children have vaccine exemptions, for discrimination and abuse. 128 129  130

It is an illusion that some schools are safer based on vaccination rates. For example, even schools with 100 percent vaccination rates and zero exemptions have had outbreaks of pertussis 131 and schools with very high vaccination rates have had outbreaks of measles and mumps. 132 133 That is because vaccinated children and adults can get infected with and transmit infectious diseases but sometimes show few or no symptoms and are never diagnosed or reported. 134 135 136 137 138 139 140

Children and teachers interact with many other vaccinated and unvaccinated people outside of the school setting. It is discriminatory to require public posting of the numbers of healthy students with vaccine exemptions, when schools are not required to publicly post the numbers of students who are infected with transmissible diseases like hepatitis B and C, HIV, streptococcal, mononucleosis, cytomegalovirus, e-coli, Fifths disease, herpes simplex and more.

Number Five: State laws that operate vaccine tracking registries and integrate them into Electronic Health Records systems without the consent of those being tracked.

The National Vaccine Information Center has a two-decade public record of opposing the creation of national or state based electronic surveillance systems that automatically enroll children and adults without their informed consent to monitor their vaccination status and health histories. 141

Not only have there been past security breaches with electronic databases dumping personally identifying information into the public domain, 142 but there is legitimate concern that the government should not be conducting electronic surveillance on citizens while pursuing a National Vaccine Plan that encourages punitive societal sanctions, such as the inability to get a school education or a job, for individuals who refuse to go along with the Plan.

Learn About Federal & State Government Police Powers to Compel Vaccine Use

For more information on the history and types of public health laws that allow the federal government and states to use police powers to compel vaccine use, go to NVIC’s website at 143 144

To learn more about vaccine legislation pending in your state and talking points you can use to educate your legislators, go to NVIC and become a user of NVIC’s free online Advocacy Portal. You will be put into direct contact with your own state and federal representatives and sent emails when bills that threaten or expand your freedom to make voluntary vaccine choices are moving in your state so you can make your voice heard, including showing up at scheduled public hearings.

Making Government Work for Us

In America, we are governed by laws that the representatives we elect make, so it is important to vet all candidates for positions on issues you care about before going to the polls. Good laws can be enacted and bad laws can be repealed but only if we wake up, stand up and actively participate to make our representative government work for us.

Already this year, there have been more than 50 good bills introduced in a number of states that defend voluntary vaccine choices. This is a time for positive action.

It’s your health. Your family. Your choice.

Note: This commentary provides referenced information and perspective on a topic related to vaccine science, policy, law or ethics being discussed in public forums and by U.S. lawmakers.  The websites of the U.S. Department of Health and Human Services (DHHS) provide information and perspective of federal agencies responsible for vaccine research, development, regulation and policymaking.

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Vaccine Injury Event (VIE) Rally Draws 3,000 to Capitol Hill

Posted: 11/25/2019 5:02:21 PM | with 0 comments

On Nov. 14, 2019, 3,000 people gathered on Capitol Hill in Washington, DC on a very cold but sunny winter day to be at the Vaccine Injury Epidemic Event (V.I.E) rally to honor those whose lives have been impacted by vaccine reactions, injury and death. Thousands of young parents with infants in strollers and children bundled up against the freezing weather huddled together to keep warm as they listened to speakers encouraging them to publicly witness their vaccine reaction experiences and have the courage to stand up for their right to make voluntary vaccine decisions.

Organized by CrazyMothers, a non-profit organization founded by Hillary Simpson, the event was co-sponsored by the National Vaccine Information Center (NVIC), Enriched Parenting, and other non-profits advocating for protection of children’s health. The Capitol Hill rally marked the 33rd anniversary of the enactment of the 1986 National Childhood Vaccine Injury Act and was held on the National Mall between the Capitol building and the Washington Monument featuring a lineup of speakers that included parents of vaccine injured children, physicians, research scientists, lawyers, legislators, educators, and human rights advocates.

Vaccine Injuries More Than “one in a million”

CrazyMothers founder Hillary Simpson said she organized the event to highlight that vaccine injuries are prevalent – not one in a million as is commonly cited – and to give a voice to those whose lives have been affected by the vaccine injury epidemic.

“I started CrazyMothers as a way to give a voice to the mothers who are at home all day every day with their severely vaccine-injured children,” said Simpson “My inspiration for V.I.E. was to have one day where they could show up, be heard and feel like they were a part of something big. Many of these parents are so busy caring for their medically fragile children that they don’t get the opportunity to do everyday things or get together in a community.”

NVIC Co-founder and President Barbara Loe Fisher led off the rally that started at Noon with remarks that included a description of how, shortly after the 1986 Act was signed into law by President Reagan, the Act’s congressional sponsors betrayed parents and began to dismantle the Act’s safety, research and compensation provisions with a series of damaging amendments and rule changes implemented by federal agencies. She warned that the refusal of the medical establishment to conduct research into vaccine side effects while at the same time promoting more oppressive vaccination laws is violating civil and human rights.

“If we do not get up off our knees and stop worshipping scientists and doctors who have too little knowledge and have been given too much power, tomorrow we will not be able to get on a bus, train or plane; enter a store or sports arena; obtain a driver’s license or passport, file our taxes or function in society without getting every vaccine that industry creates and the government orders us to get,” she said.

20 Speakers, Vaxxed Bus and New “The People’s Truth” Movie

Other speakers included Del Bigtree, founder of Informed Consent Action Network (ICAN); James Lyons-Weiler; Mary Holland, JD; Bob Sears, MD; Maine State Rep. Heidi Sampson; Jim Meehan, Jr., MD; Sherri Tenpenny, DO; Maine State Rep. Robert Foley; Shiva Ayyadyral, PhD; Mark Blaxill; Kari Bundy; Dr. Andrew Wakefield; Robert F. Kennedy, Jr, founder of Child Health Defense; Kevin Barry, JD, and Sheila Ealey.

The VAXXED bus, which made the trip from Austin, Texas, was parked alongside the rally on the National Mall. The night before the rally, NVIC co-sponsored a screening of the new VAXXED 2 movie: The People’s Truth followed by a Q&A session at the U.S. Navy Memorial Burke Theater. Vaxxed 2 producer Polly Tommey presented Barbara Loe Fisher the 2019 Richard Barber Award for “outstanding contributions to humanity.”

Believe and Empower the Mothers

Commenting on why she thinks it is important for mothers describing what happened to their children after vaccination to be taken seriously, Hillary Simpson compared the vaccine injury awareness movement to the “MeToo” and “Believe Women” awareness campaigns and questioned why “there has been no room at the podium for victims of vaccine injury.”

She said:

“At the base of these movements is the idea that just because you didn’t experience something doesn’t mean that you didn’t experience something. That seems to completely stop when it comes to mothers of vaccine injured children, and we really need to ask ourselves why? Why is it OK to marginalize this group of women when we advocate for other groups of women who have been disenfranchised? Why aren’t we believing all women when they challenge conventional power structures?”

In her rally remarks, Loe Fisher described the magnitude of the child chronic disease and disability epidemic associated with one-size-fits all vaccine policies and laws and agreed with Simpson’s call for respect and empowerment of mothers standing up for their right to make informed, voluntary vaccine choices for their children. She said:

…the ones who know deep in the core of their being that children are in danger, are the mothers, who carry babies inside them for nine months and give birth and are endowed with a primal instinct God gave women so they have the courage to protect their babies from harm until they are able to survive on their own. That biological imperative is hard wired into our DNA. It is what protects the survival of every species on this earth. And yet, mothers, who know their children best, are being bullied, ridiculed and punished if we use our intellect and listen our gut instincts and refuse to violate our conscience when caring for our children.”

Maine to Hold Ballot Vote To Veto Mandatory Vaccine Law

In her rally remarks, Maine State Representative Heidi Sampson told attendees that the residents of Maine will be able to vote in March 2020 to repeal the most oppressive vaccine mandate in the nation narrowly passed by the Maine legislature this year. She said that on Oct. 17, the Secretary of State verified that a people’s veto referendum qualified for the ballot with 79,000 valid signatures from registered Maine voters, which means that Maine residents will be able to vote on Mar. 3, 2020 to restore religious and philosophical vaccine exemptions so children and adults living in Maine can be educated.

Rep. Sampson said:

“We Mainers did it. We have officially gotten our people’s veto referendum on the ballot. In March we will be the first state in the nation to hold a popular vote on government mandated vaccines. It is a pivotal moment for all of us, not just Maine, but across the country. Mainers for Health and Parental Rights are engaged in an unprecedented grassroots effort to overturn the recently passed LD 798 shoved through by Big Pharma and their cronies. This law, the most punitive law and overreach mandate in the nation removes both children and adults from school – public, private, parochial, online, trade schools, including higher education, including employees in daycare and health care services – should they miss just one dose of a required vaccine.”

Announcements at the Rally

There were several other announcements made at the rally on Nov. 14. In his remarks, Dr. Andrew Wakefield said that he is producing a film about the National Childhood Vaccine Injury Act of 1986 to be released in 2020. Hillary Simpson said that the next V.I.E rally would be held in Washington, DC in 2021.

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Witnessing The Vaccine Injury Epidemic

Posted: 11/19/2019 1:19:08 PM | with 6 comments

The Vaccine Injury Epidemic Event (VIE)
National Mall - Washington, DC
Nov. 14, 2019

By Barbara Loe Fisher

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Those tiny miracles. God’s most precious gift to us. We hold them in wonder just moments after they are born. We love them in a way we never thought we could love anyone and they love and trust us in a way that no one else ever will. Then one day, we wake up, and they’re as big as we are, ready to go out in the world and make their own way, and hold their own babies in their arms, completing the natural order of life.

But for many children, the natural order of life will never be completed. Some have already died. Some will one day join the ranks of the working disabled. And others will grow old and die in state homes with the bodies of adults and the brains of babies. For these children, the natural order of life has been forever changed by manmade viral and bacterial vaccines they were required by law to use.

We are here today to witness the suffering of children, who have no voice and have no choice except the voice and choice that we, their mothers and fathers, give to them.

vie crowd

We stand here united in our commitment to challenge unscientific vaccine policies 1 2 3 4 5 6 7 8 9 10 11 12 13 14 and oppose inhumane public health laws that violate civil and human rights. 15 16 17 18

Many of us, who made the pilgrimage to be here, know the pain of watching a healthy child die or regress after vaccination and become chronically ill or disabled. 19 20 21 22 We know the pain of being marginalized and discriminated against by doctors 23 24 25 26 27 28 29 and government officials for standing up, speaking out and refusing to sacrifice our children in the name of the greater good. 30 31 32 33 34

We are here because we love and want to protect our children. And there is no power on earth greater than that love.

As mothers and now grandmothers, in 1982 Kathi Williams and I joined with other parents of DPT vaccine injured children and launched the vaccine safety and informed consent movement in America. 35 Through the non-profit National Vaccine Information Center, our mission since then has been to prevent vaccine injuries and deaths through public education and defend the ethical principle of informed consent to medical risk taking. 36 37

Kathi and I remember this day 33 years ago. We had spent four long years waging an epic David and Goliath battle on Capitol Hill against a rich and powerful pharmaceutical industry blackmailing Congress by threatening to stop producing childhood vaccines when, on November 14, 1986, President Reagan reluctantly signed the National Childhood Vaccine Injury Act 38 into law over the objections of drug company executives and federal agency officials. To the bitter end, the government and drug companies wanted that Act to eliminate all vaccine injury lawsuits. 39 40 41 42 43

vie paul and thomas

Instead, with no personal computers, no cell phones and no Internet, a small group of parents of DPT vaccine injured children managed to protect the legal right of parents to file a medical malpractice vaccine injury lawsuit against negligent doctors and to sue drug companies when there is evidence a vaccine could have been made less harmful.

For parents who did not have the money to sue, the 1986 Act created what was supposed to be a less expensive and time-consuming administrative compensation program alternative to filing a lawsuit.

For the first time, the U.S. government admitted that - just like any other pharmaceutical product - vaccines can cause severe reactions: reactions like brain inflammation, permanent brain damage, paralysis and death.

For the first time, preventing vaccine injuries and deaths was elevated to a national priority in a federal law.

Now doctors would be required to give parents vaccine and disease risk information before vaccinating children; and to record vaccine reactions in medical records and report them to a public Vaccine Adverse Event Reporting System. And the government would have to fund vaccine science research and make vaccines less harmful.

So, in many ways, November 14, 1986 was an historic day.

But we had been fighting for so long to protect the Act from industry greed and government overreach, that we never saw the betrayal coming. On November 14,1986, we did not know that the very same lawmakers sponsoring the Act were already working behind the scenes to dismantle it.

By the end of 1987, without our knowledge, Congress quietly amended the law and handed doctors a liability shield from vaccine injury lawsuits. 44

Then, in the early 1990s, Congress added more amendments to weaken the vaccine safety provisions, 45 and allowed the Departments of Health and Justice to systematically gut the federal compensation program with rule making so fewer vaccine injured children would be compensated. 46 47 And, all along, the vaccine safety studies parents were promised were never done. 48 49

The final betrayal came in 2011, when the U.S. Supreme Court did what Congress refused to do in 1986. Ignoring the law’s legislative history, 50 51 the court majority granted the request by Big Pharma,52 medical trade 53 and government 54 and effectively shielded drug companies from all legal accountability for harm vaccines do to children. 55

vie barbara and kathi

Today, the National Childhood Vaccine Injury Act looks nothing like the one signed into law in November 1986. 56 57 58 59 60 61 62

Still, it is the only U.S. law confirming that government licensed and state mandated vaccines can and do injure and kill people.

So what else has happened since November 14, 1986?

Four billion dollars in compensation has been awarded to over 6,000 Americans - but two out three vaccine victims are turned away. 63

Today, most of the awards go to adults injured by flu shots, 64 65 66 while thousands of families whose children have died or suffered catastrophic vaccine injuries are left with nothing but medical bills and shattered lives. 67 Clearly, public health officials do not want to concede that the risks of vaccination for children are far greater than 1 in a million. 68

About 35,000 bad health outcomes after vaccination, including injuries and deaths, are reported to the government every year. 69 That number is less than one percent of the total 70 because doctors are not penalized for failing to report.

Since 1986, nine more vaccines have been licensed and mandated for children 71 72 and there are twice as many drug companies making and selling them. 73

Vaccination forces atypical inflammatory responses in the body to produce artificial immunity 74 75 and, today, infants and children are subjected to that process three times as often. The numbers of childhood vaccines have tripled from 23 doses of seven vaccines 76 at a cost of $80 per child in 1986, 77 to 69 doses of 16 vaccines at a staggering cost of $3,000 per child. 78 79

vie crowd closeup

But what has happened to the health of the most highly vaccinated child and young adult populations in our nation’s history?

They are sicker than ever. Millions of children and young adults are filling crowded special education classrooms 80 and doctors offices in greater and greater numbers. They are crippled by an unprecedented epidemic of chronic disease and disability marked by chronic inflammation in the brain and body, 81 82 83 which is common in most individuals diagnosed with a developmental, mental, behavior, autoimmune or allergic disorder.

  • Today, 1 child in 5 is learning disabled; 84 85 in 1976, it was 1 in 17. 86
  • Today, 1 child in 6 under age eight, 87 1 in 2 adolescents, and 1 in 4 young adults is diagnosed with a mental, behavior or emotional disorder; 88
  • There has been an unexplained 55 percent increase in depression and anxiety in children since 2003; 89 90 91
  • Today, 1 child in 13 has a food allergy, 92 often life threatening, and food allergies have increased 50 percent among children since 1997; 93 94 95
  • Today, 1 child in 40 develops autism; 96 it was 1 in 2,500 in 1991; 97 98
  • Today, 1 child in 166 has active epilepsy with recurring seizures, 99 and epilepsy is mysteriously increasing among both children and adults; 100 101
  • Today, 1 child in 400 has type 1 or type 2 diabetes, 102 which increased 20 to 40 percent in one decade,103 104 and has increased 382 percent among Americans of all ages since 1988. 105 106

Millions of children and adults are suffering with other types of inflammatory brain and immune system disorders like rheumatoid arthritis, 107 lupus, thyroid disease, guillain barre syndrome, multiple sclerosis, and inflammatory bowel disease. 108

On top of that, America has the worst infant mortality, 109 maternal mortality 110 and life expectancy rate 111 of all developed nations.

This is a failing public health report card of historic proportions.

Today, everybody knows somebody who was healthy, got vaccinated and was never healthy again.

Just like the 1982 TV documentary DPT: Vaccine Roulette 112 and the 1985 book DPT: A Shot in the Dark 113 were wake-up calls for America 37 years ago, in 2019,Vaxxed: The People’s Truth movie 114 and this Vaccine Injury Epidemic event 115 are the latest in a long series of warnings that the health of our nation is being destroyed one child at a time.

The biggest public health emergency in America today is not 1200 cases of measles. 116 117 It is the one being covered up by government agencies working overtime with industry, medical trade and mainstream media to distract, deceive, stonewall and restrict the freedom of Americans to take back control of their health. 118 119 120

There are states in this country today, where children cannot go to daycare or get a school education without five dozen doses of vaccines. 121  Pediatricians are refusing to provide medical care to children who are not strictly vaccinated according to the government schedule, even when there is a past history of serious vaccine reactions and injury. 122 That is because 99 percent of Americans, including most immune-compromised persons, do not qualify for a medical exemption under narrow federal guidelines. 123

Lucrative public-private business partnerships between federal agencies and pharmaceutical corporations 124 are making it easy for experimental vaccines to be fast tracked to licensure, 125 like ones for HIV/AIDS and herpes, influenza and TB, that will be forced on adults, as well as children. 126 127 128 The vaccine status of all Americans is being closely monitored by the government in electronic health records tracking systems 129 130 131 to make sure everyone is vaccinated from cradle to the grave with or without consent.

Science is not perfect, doctors are not infallible, and vaccines carry unpredictable risks that are greater for some people. 132 133 134 If we do not get up off our knees and stop worshipping scientists and doctors who have too little knowledge and have been given too much power, tomorrow we will not be able to get on a bus, train or plane; enter a store or sports arena; obtain a driver’s license or passport, file our taxes or function in society without getting every vaccine that industry creates and the government orders us to get.

And the ones who know deep in the core of their being that children are in danger, are the mothers, who carry babies inside them for nine months and give birth and are endowed with a primal instinct God gave women so they have the courage to protect their babies from harm until they are able to survive on their own. That biological imperative is hard wired into our DNA. It is what protects the survival of every species on this earth. And yet, mothers, who know their children best, are being bullied, ridiculed and punished if we use our intellect and listen our gut instincts and refuse to violate our conscience when caring for our children. 135

The right to autonomy and protection of bodily integrity is the first human right. 136

If you cannot voluntarily decide when and for what reason you are willing to risk your life or the life of your child, your unalienable right to life and liberty has been taken from you.

The right of the state to tell us what to do to our bodies or the bodies of our children ends where our right to protect our lives and our children’s lives begins.

vie nvic staff

It is time to reject the cruel pseudo-ethic of utilitarianism propping up mandatory vaccination laws that justify child sacrifice by reducing what is moral to a mathematical equation. 137 138

When the State considers one of us to be expendable, then we are all considered expendable.

And if the State can tag, track down and force individuals to be injected with biologicals of known and unknown toxicity today, then there will be no limit on which individual freedoms the state can take away in the name of the greater good tomorrow.

We can throw off the chemical chains making us sick if we act to instill truth, transparency, integrity and compassion in government. We must elect lawmakers who believe in and will act to protect freedom of thought, speech, and conscience and reform public health laws. 139  

There is no greater calling for Americans in the 21st century than to defend those civil and human rights that protect against tyranny.  140 141

We will not be silent.

We will not go away.

We will never give up.

We are the daughters and sons of liberty, and our mission continues:

No forced vaccination. Not in America.

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New York Supreme Court Denies Injunction, Criticizes Legislature for New Vaccine Law

Posted: 10/17/2019 6:32:05 PM | with 4 comments

By: Carolyn Hendler, JD

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On October 9, 2019, the New York Supreme Court denied a preliminary injunction and a stay that would have allowed a mother to send her unvaccinated children to school after the state repealed the religious exemption to vaccination in Public Health Law 2164.1 Although the injunction was denied, in his opinion New York Supreme Court Judge Robert B. Wiggens sternly criticized the Legislature for the new law barring unvaccinated children with religious exemptions from receiving a school education.

The human right to practice one’s religion and the civil right to attend school were disregarded when Public Health Law 2164 was passed by state legislators and signed by New York Governor Andrew Cuomo in one day with no public hearings on June 13 of this year.2 Before the new law was passed, the religious exemption allowed parents or legal guardians with sincerely held religious beliefs opposing vaccination to enroll their unvaccinated children in daycare and public and private schools without being compelled to receive state mandated vaccines recommended by federal health officials and the New York State Department of Health.

Court Cites Legislature for “Callously” Disregarding Citizens’ Rights

In this case, a mother (Plaintiff) brought suit against the State of New York asserting that Public Health Law 2164 violated her family’s freedom of religion under Article 1 and her children’s right to a free public education under Article XI of the New York Constitution. Despite denying the Plaintiff’s request, the New York Supreme Court had harsh words for the Legislature’s action for “callously” disregarding the free exercise rights of citizens in the state. Judge Wiggins stated:

“This case involves a clash between the rights of citizens to live their lives according to their faith, as guaranteed by Article 1 section 3 of the New York State Constitution, and the right of the Legislature to limit that right, purportedly in the name of public health, even where the legislative history, devoid of any committee hearings or substantial debate, suggests that the free exercise rights of its citizens was callously disregarded by the Legislature.”3

Pending the outcome of the lawsuit, the parent Plaintiff had filed for a preliminary injunction to preserve the status quo and allow her children to stay in school without being forced to vaccinate them against their family’s religious beliefs as a condition of receiving a school education. To be granted a preliminary injunction in a New York court, a party must show three things: (1) that they are likely to succeed on the merits or, in other words, win in the end;  (2) that they will suffer irreparable harm if the preliminary relief is not granted while waiting for the final judgment; and (3) that the balance of the equities favors their position. In making a determination, the court will look at factors such as public policy and hardship to the parties to determine whether granting relief is fair. 4

The New York Supreme Court reviewed the recent Appellate Court 3rd Department case, F.F., which on August 12, 2019, denied a preliminary injunction to parent plaintiffs seeking the same preliminary injunctive relief from the new law repealing the religious exemption. The Appellate court stated that the plaintiffs “established the potential for irreparable harm” due to “the magnitude of disruption and potential harm they would suffer” should an injunction not be granted.5 The Supreme Court agreed with the Appellate Court that the Plaintiff had the potential to suffer irreparable harm.

Justification for Religious Exemption Repeal Questioned by Court

However, the two courts differed when it came to balancing the equities. The Appellate Court stated that, “it was hard-pressed to conclude that plaintiffs have shown that the balance of the equities tips decidedly in their favor” due to the potential risk the unvaccinated posed to the public who could not be vaccinated for medical reasons or age. 6 The Supreme Court disagreed and instead found that the very small number of children with a religious exemption did not pose a real health threat, stating, “Again there is uncontradicted evidence in the record that children not vaccinated because of a religious exemption make up less than 1% of the population, which hardly seems like a public health crisis.”7

The Appellate Court, reviewing the three criteria a party must show in order to be granted a preliminary injunction, ruled that the plaintiffs did not show a likelihood of success on the merits.8 Even though in its Oct. 9 ruling the New York Supreme Court offered criticism of the new law eliminating religious exemption to vaccination, the Court had to make a decision about whether the Plaintiff had a likelihood of winning the lawsuit on the merits and agreed with the Appellate Court that the plaintiffs were unlikely to prevail.

A lower court generally is required to comply with an earlier decision by a higher court. However, the Court was not bound by the decision in F.F. because the parent Plaintiff in that case argued that her rights under the Federal Constitution were violated, while the Plaintiff in the current case was solely invoking rights under the New York Constitution.9  Therefore, even though the Court was reviewing the same legislation, it could consider the Plaintiff’s argument that the New York State Constitution provides broader protection to religious freedom than the US Constitution.

The New York Constitution states:

“The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all humankind” (emphasis added)10 

Court Weighed Rights Under U.S. Constitution vs. New York Constitution

The Plaintiff argued that the inclusion of the word “forever” grants broader rights than those provided for under the US Constitution, which does not use the word, “forever.”

The New York Supreme Court disagreed. While noting that the addition of the word “forever” in the free exercise clause of the New York Constitution could, but not necessarily should, be read to have a broader meaning than the free exercise clause in the US Constitution, the court found that those rights must defer to the latter portion of the clause which states, “the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.”11

Citing a 1903 case that interpreted  “peace and safety” to included health, the Court concluded that the freedom of exercise clause in the New York Constitution may, in fact, grant less protection than the U.S. Constitution because the right to freedom of religion was constrained by the state’s right to enforce legislation that it believed would further the health of its citizens.12

The New York Supreme Court went on to review legal precedents that interpreted the free exercise clause of the New York State Constitution alone, as well as those that followed the U.S. Supreme Court decision, Cantwell v. Connecticut, which made the religion clauses of the U.S. Constitution applicable to all states in 1940. In the end, the Court found that the New York Constitution did not grant the Plaintiff greater rights than those granted under the U.S. Constitution.

The Court applied the rational basis balancing test set forth in the 2006 New York Court of Appeals case, Catholic Charities, which weighed the interest advanced by the legislation repealing the religious exemption to vaccination against the incidental burden to the free exercise of religion and gave the Legislature deference by placing the burden on the Plaintiff to show the law was unreasonable.13 Under this test, the Court concluded that the removal of the religious exemption did not infringe upon the free exercise clause of the New York Constitution, which gives the state Legislature authority to enact laws it believes will protect the public health, including requiring vaccination.

Judge Criticizes Legislature for Using “Draconian Measures”

While it is clear the Court acknowledged it could not go outside legal precedent deferring to the Legislature’s authority to mandate vaccines, the New York Supreme Court Judge Wiggins did not mince words in criticizing the legislature’s passage of Public Health Law 2164. In his concluding remarks, he pointed out that, although the legislature has the authority to deny a school education to unvaccinated children, the legislators could have chosen “less Draconian measures:”

"…I do not believe the Legislation has come close to giving adequate consideration to its own explicitly mandated responsibility to “provide for the maintenance and support of a system of free common school, wherein all the children of this state may be educated (NY Const. Art X1 S1 emphasis supplied) Could not other, less Draconian measures have been chosen, such as, perhaps, providing tutors for the displaced children? Nonetheless, precedent appears to give the Legislature the authority to bar the doors to the unvaccinated, despite the unconscionable consequences that brings.”14

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