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US Supreme Court Case Could Change Process In Vaccine Lawsuits

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October 12, 2010: Lauren Cox / LiveScience.com via Yahoo News – October 12, 2010

The Supreme Court is set to hear the first arguments Tuesday in a vaccine injury case that pediatricians and medical malpractice lawyers worry will drastically change how patients sue vaccine manufacturers in this country. By law, families who want to sue for vaccine injuries must first go through a special “vaccine court” created by the 1986 National Childhood Vaccine Injury Act (NCVIA). The Supreme Court must now decide whether a family can sue without going through vaccine court, on the grounds there was a defect in the design of the vaccine.

Russell and Robalee Bruesewitz, the plaintiffs in Tuesday’s case, are not the first to try to sue outside of vaccine court, but their case may decide how the cases of hundreds of other families suing vaccine manufacturers proceed. Their daughter, Hannah Bruesewitz, was 6 months old in 1992 when she received her third scheduled dose of the whooping cough-tetanus-diphtheria (DTP) childhood vaccine. Soon after, doctors diagnosed her with a seizure disorder, developmental problems and encephalopathy, a condition that can lead to permanent brain damage according to a bulletin hosted by Cornell University Law School.

When the vaccine court ruled DTP vaccine did not cause Hannah’s medical conditions, the Bruesewitz family brought a civil case against vaccine-maker Wyeth on the grounds that their vaccine was defective by design. The vaccine court is officially known as the Office of Special Masters, and was established within the U.S. Court of Federal Claims.

Wyeth countered that the family had no right to sue outside vaccine court on grounds of a defect in vaccine design, and the 3rd U.S. Circuit Court of Appeals agreed.

The American Academy of Pediatrics (AAP) says if the Supreme Court reverses the decision, it will flood civil courts with expensive lawsuits that may put the nation’s supply of childhood vaccines at risk. “We very much wanted to make sure vaccine manufacturers are out of the line of lawsuits,” said Dr. O. Marion Burton, president of the AAP. “Otherwise, we end up with nobody producing vaccines, and nobody making new vaccines.”

However, vaccine injury lawyers say if the court finds in favor of Wyeth (now owned by Pfizer, Inc.), the decision will block crucial lawsuits that could reveal unknown risks of vaccines. “It would be a pretty narrow exception – it really narrows the scope of what you can bring out of the vaccine court,” said Jennifer Maglio, an attorney with Maglio Christopher Toale & Pitts, a Sarasota, FL firm that specializes in vaccine injury cases. Maglio said a ruling in favor of Wyeth would limit civil lawsuits to rare situations where the design of a vaccine was not in question. For example, cases in which the manufacturer allegedly mislabeled the vaccine, or contaminated it.

The Creation Of Vaccine Court

In the early 1980s, a high volume of vaccine injury cases with large settlements had pushed vaccine makers out of business. Only one manufacturer of DTP remained, and it threatened to stop production, according to a letter published in 2007 in the New England Journal of Medicine.

In response, Congress created NCVIA and the new “vaccine court,” which had no jury, no-fault decisions and fewer requirements to prove injury than in civil court. Instead of relying on juries – and the wide range of rulings inherently possible with juries – the vaccine court turns to the official Vaccine Injury Table of known side effects from medical literature to decide if the vaccine caused the injury. The court may add or remove complications from the Vaccine Injury Table if emerging research reveals a condition is or is not connected to vaccines.

By the time Hannah Bruesewitz appeared before the vaccine court, her complications had been removed from the Vaccine Injury Table. “When it [DTP] went out in 1982, there was a one-hour documentary that made that [the Bruesewitz’] claim,” said Dr. Paul Offit, who is chief of Infectious Diseases at Children’s Hospital of Philadelphia. “It scared a lot of people, including doctors.” Offit said 10 years of research showed no link between DTP and conditions like the ones Hannah Bruesewitz experienced.

What A Change Would Mean

If the Supreme Court decides in favor of the Brueswitz’, families bringing lawsuits could sidestep the vaccine court. This means the cases would be decided by a jury, and would not be held to the standards set by the Vaccine Injury Table. “But you can imagine how sympathetic a jury would be, even if the medical literature said the opposite,” said Offit.

Offit pointed to the example of Bendectin, a morning sickness pill that was taken off the U.S. market after high-cost civil lawsuits alleged the drug caused birth defects. The drug is still used in Canada, and medical literature has not shown it to cause birth defects.

However, Maglio points to Vioxx as a counter example. Merck removed its popular pain reliever Vioxx from the market in 2004, because it was found to the increase risk of heart attacks. Maglio said civil lawsuits were crucial to uncovering the side effects. “It really wasn’t until people sued that all those studies were released,” Maglio said.

Maglio worries the same opportunity for the “discovery” of complications from new vaccines – such as Gardasil – will disappear if the court finds in favor of Wyeth. “Because of the way the vaccine court is set up, there is no time for ‘discovery,'” Maglio said.

The Dangers of Vaccines – Part 1

The Dangers of Vaccines – Part 2

The Tonka Report Editor’s Note: The “vaccine court” was set up to release vaccine makers from any and all liability, as well as provide “legal” cover to suppress damning, and/or release fraudulent, data concerning their vaccines at the expense of public health for profit and their eugenics depopulation agenda.

If the US Supreme Court rules in favor of Wyeth (Pfizer), it will be a clear indication that the law of this land is no longer in the hands of we the people and should send out a resounding message that vaccinations are not meant for anything other than profit and genocide and thus should be avoided at all costs! – SJH

Related:  Vaccine Damages Are No One’s Illusion – The Intel Hub.com

http://theintelhub.com/2010/10/12/vaccine-damages-are-no-one%E2%80%99s-illusion/

Link to original article below…

http://news.yahoo.com/s/livescience/20101012/sc_livescience/supremecourtcasecouldchangevaccinelawsuits

HR 4872: The Reconciliation Act Brings Microchipping To America

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March 30, 2010: Skywatch Canada / Infowars – March 30, 2010

During the thorough coverage of H.R.3590 America thought it was free of a ‘Healthcare System’ that allowed a national medical registry to be created and the population to be tagged with implantable RFID chips. But a second heath care related bill called “The Reconciliation Act of 2010” (2300 pages) was recently passed by the Senate on March 25th after being passed by the House on March 21st. This bill has been cleared for the White House and awaits the signature of the Dictator and Chief. Buried in the text of the 2300 page monstrosity in section 2521, the creation of a National Medical Device Registry is enacted. This is portrayed as a registry to collect safety data on medical devices such as pacemakers and to put the safety data in a publicly accessible national electronic database.

But as usual the wording of this bill permits the creation of something entirely quite different. In 2004 the FDA approved the Verichip for use of storing medical records. This device was classified as a Class II medical device. This is most likely the Class II implantable device being referred to in this section of the bill. The bill allows the unique device identifier (Chip ID tag) to be linked to “postmarket safety patient outcome data” regarding the implantable device itself. In order “to facilitate the analyses of postmarket safety and patient outcomes” the health secretary will examine ways to gain access to Medicare health records, private sector health records and other data deemed necessary (including surveillance data) by the Health Secretary and then link it to the database and your RFID implant. Just to be accurate, section (3) defines “data” as “claims data, patient survey data, standardized analytic files that allow for the pooling and analysis of data from disparate data environments, electronic health records, and any other data deemed appropriate by the secretary.”

So basically this bill creates a National Database of any type of data deemed appropriate by the executive branch of the US Federal Government. This could literally be anything. This could include anything you might have expected to find in an East German Stasi file. All of this data will then be linked to a “Class II implantable device” under your skin. There you have it, just like Lindsey Williams warned us. Forget the national ID card, implantable microchips are coming to a clinic near you no later than 36 months after the bill is signed into law.

The Tonka Report Editor’s Note: Ironically, as I’m posting this article I am watching Barry Soetero aka Barack Hussein Obama sign the bill into law… – SJH

Link to original article below…

http://www.infowars.com/reconciliation-act-h-r-4872-brings-microchipping-to-america/

Tsunami Warnings Issued After Huge 8.8 Earthquake Strikes Chile

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February 27, 2010: Alexei Barrionuevo / The New York Times – February 27, 2010

RIO DE JANEIRO — A powerful 8.8-magnitude earthquake struck Chile early Saturday, shaking the capital of Santiago for 90 seconds and sending tsunami warnings along much of the Pacific basin.

Chile’s TVN cable news channel was reporting 122 deaths, with the toll expected to rise, as communications were still spotty around the center of quake, near the city of Concepción in the south. Chile President Michelle Bachelet declared a “state of catastrophe.”

The Associated Press quoted Mrs. Bachelet as saying that a huge wave had swept into a populated area in the Robinson Crusoe Islands, 410 miles off the Chilean coast, but there were no immediate reports of major damage there. Those reports bore out early fears that a major tsunami was on its way across the Pacific.

A Department of Homeland Security official said early Saturday that FEMA was monitoring the situation and was in contact with state emergency personnel in Hawaii, which is under a tsunami warning. But the decision to evacuate coastal areas and handling this evacuation is the responsibility of state and local officials in Hawaii, the Homeland Security official said.

The quake downed buildings and houses in Santiago and knocked out a major bridge connecting the northern and southern sections of the country.

It struck at 3:34 a.m. local time and was centered about 200 miles southwest of Santiago, at a depth of 22 miles, the U.S. Geological Survey reported. The epicenter was some 70 miles from Concepcion, Chile’s second-largest city, where more than 200,000 people live.

Phone lines were down in Concepcion as of 7:30 a.m. and no reports were coming out of that area. The quake in Chile was more powerful than the magnitude 7.0 earthquake that caused widespread damage in Haiti on Jan 12, killing at least 230,000, earthquake experts reported on CNN International. The U.S. Geological Survey and eyewitnesses reported more than two dozen aftershocks, including two measuring magnitude 6.2 and 6.9.

“We have had a huge earthquake,” Mrs. Bachelet said from an emergency response center in an appeal for Chileans to remain calm. “We’re doing everything we can with all the resources we have.” Mrs. Bachelet said that the government had dispatched three emergency response teams to coastal areas. “Without a doubt, with a quake of this kind, of this size, of this magnitude, we can’t rule out that there are other deaths and probably injuries,” Mrs. Bachelet told reporters.

Witnesses on Facebook and Twitter reported that the quake was felt from Japan to Argentina. The quake struck at the end of the Chilean summer vacation, with hundreds of thousands of people expected to be traveling back home this weekend.

The Pacific Tsunami Warning Center issued a warning for Chile and Peru, and a less-urgent tsunami watch for Ecuador, Colombia, Panama, Costa Rica and Antarctica. The White House said Saturday morning that it was closely monitoring the situation, “including the potential for a tsunami,” said White House press secretary Robert Gibbs. “We are closely monitoring the situation, including the potential for a tsunami. Our thoughts and prayers are with the people of Chile, and we stand ready to help in this hour of need.”

Evacuation alarms sounded at 6 a.m. Saturday in vulnerable coastal areas in Hawaii, as the region prepares for what federal officials say could be a dangerous, but most likely not catastrophic tsunami to hit the islands in the aftermath of the earthquake in Chile.

Statewide television news was reporting that the southeast areas of all the islands would likely be the most impacted, which include the heavy tourist zones of Waikiki, and Poipu on Kauai. News reports said that a corridor to the airport on Oahu was being established, and that visitors should go to at least the third floor of their hotels

Brian R. Shiro, a geophysicist at NOAA Pacific Tsunami Warning Center in Ewa Beach, Hawaii, said that computer models show that the impact will be greatest in spots such as Hilo Bay on Hawaii Island and Kahului Harbor in Maui. In those areas, the tsunami waves could reach as high as 6 to 10 feet, Mr. Shiro said. Elsewhere in Hawaii, the waves will likely be only about two to three feet.

Already, some boat owners were moving their boats away from the coast, to avoid damage when the waves arrive. Beaches will be closed and pre-determined evacuation zones in certain coastal areas will be cleared.

The Tonka Report Editor’s Note: (Ahem) Why doesn’t the U.S. have 10,000 troops on the ground in Chile within the first 24 hours like we did in Haiti? Hmmm? SJH

Link to original article below…

http://www.nytimes.com/2010/02/28/world/americas/28chile.html

Written by Steven John Hibbs

February 27, 2010 at 12:41 pm

Scientist Repeats Claims Of Swine Flu Lab Escape In Published Study

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Simeon Bennett / Bloomberg – November 24, 2009

Nov. 24 (Bloomberg) — Adrian Gibbs, the virologist who said in May that swine flu may have escaped from a laboratory, published his findings today, renewing discussion about the origins of the pandemic virus.

The new H1N1 strain, which was discovered in Mexico and the U.S. in April, may be the product of three strains from three continents that swapped genes in a lab or a vaccine-making plant, Gibbs, and fellow Australian scientists wrote in Virology Journal. The authors analyzed the genetic makeup of the virus and found its origin could be more simply explained by human involvement than a coincidence of nature.

Their study, published in a free, online journal reviewed by other scientists, follows debate among researchers six months ago, when Gibbs asked the World Health Organization to consider the hypothesis. After reviewing Gibbs’ initial three-page paper, WHO and other organizations concluded the pandemic strain was a naturally occurring virus and not laboratory-derived.

“It is important that the source of the new virus be found if we wish to avoid future pandemics rather than just trying to minimize the consequences after they have emerged,” Gibbs and colleagues John Armstrong and Jean Downie said in today’s eight- page study.

Link to entire article below…

http://www.bloomberg.com/apps/news?pid=20601124&sid=ajw2AS.d1wK8

Iowa And NC Reports Raise Fears H1N1 Mutations Have Reached U.S.

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Bird Flu Pandemic – November 25, 2009

Last week, the WHO confirmed that an H1N1 mutation had been discovered in Ukraine.

 

New reports from Iowa and North Carolina are raising concerns that the deadly H1N1 swine flu mutations that have been confirmed by the WHO in Ukraine, Norway and elsewhere have already reached the United States.  In Iowa, a report that doctors are seeing “very heavy, wet hemorrhagic lungs, lungs with a lot of blood in them” in H1N1 patients is creating concerns among health experts that the deadly Ukraine H1N1 has already spread there. 

In addition, a report of Tamiflu-resistant H1N1 swine flu in North Carolina is raising questions about the ability of medical authorities to combat H1N1 if thousands of people do start dying.  If deadly H1N1 swine flu mutations have already reached the United States, what does that mean?  Doctors in Ukraine have been reporting that victims of H1N1 there are experiencing violent hemorrhaging in their lungs. As the patients near death, their lungs reportedly become as “black as charcoal” and literally begin to disintegrate.  Will this start happening soon inside the U.S.?

The news report causing the most concern today is the one about H1N1 patients in Iowa.  Commenting on a dramatic spike in H1N1 deaths in Iowa, Dr. Gregory Schmunk told KCCI news that what doctors there are seeing ”is very heavy, wet hemorrhagic lungs, lungs with a lot of blood in them.”

Hemorrhagic lungs that are filled with blood? That sounds precisely like what is taking place in Ukraine.

Last week, the WHO confirmed that an H1N1 mutation had been discovered in Ukraine. This H1N1 mutation involved a receptor binding domain change, and it is apparently causing the H1N1 virus to become much more virulent.

Just like the new report in Iowa, many victims of H1N1 in Ukraine have been experiencing violent hemorrhaging in the lungs.  Temperatures inside the lungs of patients in Ukraine have been reported to be as high as 135 degrees Fahrenheit.  As the patient near death, the lungs turn to mush and literally become as black as charcoal.

In fact, one doctor in Western Ukraine was quoted as saying the following about what is happening to the lungs of these patients…

Link to entire article below…

http://thebirdflupandemic.com/archives/troubling-reports-out-of-iowa-and-north-carolina-raise-fears-that-deadly-h1n1-swine-flu-mutations-have-already-reached-the-united-states

Vaccination: Federal Health Agencies Continue To Deceive Americans

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Richard Gale and Gary Null, Ph.D / Progressive Radio Network – November 12, 2009

I have no doubt whatever that vaccination is an unscientific abomination and should be made a criminal practice. – G. Bernard Shaw

Under normal circumstances, when a public health measure is advocated or mandated, and it is accepted without question by all Federal health agencies, state and local health departments, and promoted by the mainstream media with unquestioning support from the orthodox medical community, then it is assumed that such measures at the very least meet basic scientifically proven criteria. Foremost should be public health safety and that the proven efficacy of a health program be implemented according to rigorous scientific gold standards. When this standard is ignored and denied, as is now being done by our health officials, then the wellbeing of the nation is placed at risk. Consequently, we see the concerns regarding the swine flu vaccine focusing upon supply rather than health. For our government health officials at the Centers for Disease Control (CDC) and the Department of Health and Human Services (HHS), vaccines have been baptized safe and, therefore, there is no reason for further debate. In fact, so certain are those in charge of the nation’s vaccination programs, even democratic discourse about vaccination controversies has been marginalized and smothered. There is no dissenting opinion published in any major industrial medical journal or magazine, nor found on any of government health websites.

When put to the test, a meticulous review of the scientific literature finds that virtually all of the Federal health agencies assumptions are held in error. Furthermore, we are shocked that the CDC, FDA and HHS, with all of their resources, refuse to take into consideration the large body of clinical evidence that contradicts their biased vaccine policies. Our review of the scientific literature is at two levels. First, there is a direct relationship between vaccination and Autism Spectrum Disorders (ASD). This evidence, as we shall see, was taken under oath during a three year Congressional investigation, which clearly shows that Federal health officials were complicit in covering up the associations between vaccines and neurological damage.

The second level shows irrefutable evidence, from peered reviewed journals in immunology, neurology, toxicology, etc., that the very same mercury used at high toxic levels in the flu vaccines, as well as in trace amounts in other vaccines, is toxic in all circumstances. The pronouncements by the CDC and HHS, promulgated by tabloid medical writers at the New York Times, Wall Street Journal and other media outlets, are deceptions based upon medical denialism. We believe it is a crime to inject mercury into the bodies of any pregnant woman and child, while knowing that thimerosal is extremely toxic.

During a televised interview to prepare the American public for a massive campaign to inoculate the population for the H1N1 flu virus, President Obama’s HHS Secretary, Dr. Kathleen Sebelius, told the nation, “study after study, scientist after scientist, has determined that there really is no safety risk with thimerosal.”[1] Glancing at the foot-high stack of published clinical studies on the desk, years of independent research identifying certain neurological impairments, such as Autism Spectrum Disorders (ASD), and cellular organ damage resulting from vaccines containing the toxic ethylmercury preservative commonly known as thimerosal, it is incomprehensible to fathom the depth of scientific denial in Sebelius’ statement. Was the Secretary blatantly lying to Americans, especially parents of small children six months and older and pregnant mothers, to convince us to line up for flu shots? If we unpack Sebelius’ misleading propaganda and properly rephrase her pronouncement, we can uncover a semblance of truth in her words. Instead it would have been proper for her to inform the nation that “study after study of spurious and flawed research that would likely never pass a graduate school examination, scientist after scientist affiliated or with financial ties to the vaccine industry now dominating our academies and health agencies, have determined that there really is no safety risk with thimerosal.”

The Swine Flu Conspiracy

This should have been the Secretary’s response if she were honest in addressing many people’s concerns about vaccine safety. Yet, this is not just our interpretive spin about the lack of scientific integrity within the CDC’s and FDA’s pharmaceutical-friendly stance regarding the vaccine-autism controversy; rather it accurately reflects the conclusions from a three year investigation conducted by the Subcommittee on Human Rights and Wellness in the House’s Committee on Government Reform, spearheaded by Rep. Dan Burton (R-Indiana). Published in May 2003, the Committee’s 80-page report, “Mercury in Medicine: Taking Unnecessary Risks,” is a clear indictment charging the CDC, FDA and HHS with scientific bias, prejudiced financial interests with vaccine makers, and administrative incompetence and indecision that puts Americans’ health at risk.[2]

It is a sorry state of affairs when a Congressional committee is forced to undertake a more thorough, concise review of the scientific literature related to a national health crisis, i.e., thimerosal as a causative factor behind the epidemic scourge of neurological and developmental disorders in America’s children, because our Federal health agencies prefer to not upset their clients (or masters) in the pharmaceutical industrial complex. But what is even more disturbing is that after six years since the Committee’s report, nothing has fundamentally changed. Instead, the CDC, FDA and HHS continue their rogue campaigns to spread unfounded medical propaganda and have done next to nothing, aside from issuing promises and marginalizing opposing medical views, to fund and launch the independent research necessary to determine once and for all vaccine safety in young children, developing fetuses and pregnant mothers. And as we wait for medical sanity to descend upon our government agencies, more and more children are injured from the increasing number of scheduled vaccinations, while the burden of health costs continue to mount on the shoulders of parents with neurologically and physically damaged children.

Therefore reviewing some of the Committee’s major findings is warranted to bring them up to date with recent information showing the thimerosal-autism link and to provide evidence for the CDC’s, FDA’s and HHS’s ongoing medical denialism about vaccine safety and their laxity in preserving and addressing public health.

Committee Finding 1: “Mercury is hazardous to humans. Its use in medicinal products is undesirable, unnecessary and should be minimized or eliminated entirely.”

Mercury, in its two most common forms that threaten human health–methylmercury and ethylmercury (thimerosal used in vaccines)–is the second most toxic substance perhaps after uranium. It is over one hundred times more toxic than lead. Therefore ask yourself the question, would you submit your child, or even yourself, to having lead injected directly into his or her bloodstream, permitting it to pass through your child’s neurological system? If you answer in the negative, then know that the mercury in that flu shot being offered at Costco is far more toxic than the lead you just refused.

Link to entire article below…

http://www.infowars.com/vaccination-federal-health-agencies-continue-to-deceive-americans/