Sign the Petition to Repeal Legal Immunity for the Vaccine Industry

Photo by Mufid Majnun on Unsplash

As I and others have reported on extensively at PJ Media, and as became widely known during the COVID-19 scam, vaccine-makers enjoy unparalleled legal protection among industries in the form of a special legal carve-out granted back in the 1980s that prevents injured parties from suing them for damages caused by their products.

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Via Health Resources & Services Administration (emphasis added):

The National Childhood Vaccine Injury Act of 1986 (PDF - 312 KB), as amended, created the National Vaccine Injury Compensation Program (VICP), a no-fault alternative to the traditional tort system. It provides compensation to people found to be injured by certain vaccines. Even in cases in which such a finding is not made, petitioners may receive compensation through a settlement.

The VICP was established after lawsuits against vaccine manufacturers and healthcare providers threatened to cause vaccine shortages and reduce vaccination rates. The Program began accepting petitions (also called claims) in 1988…

The Vaccine Injury Compensation Trust Fund provides funding for the National Vaccine Injury Compensation Program to compensate vaccine-related injury or death petitions for covered vaccines administered on or after October 1, 1988.

Funded by a $.75 excise tax on vaccines recommended by the Centers for Disease Control and Prevention for routine administration to children, the excise tax is imposed on each dose (i.e., disease that is prevented) of a vaccine. Trivalent influenza vaccine for example, is taxed $.75 because it prevents one disease; measles-mumps-rubella vaccine, which prevents three diseases, is taxed $2.25.

The Department of Treasury collects the excise taxes and manages the Fund’s investments.

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In layman’s terms, the VICP shifted legal responsibility for maiming and killing children away from the manufacturers of the offending products (vaccines) and onto the taxpayer.

Per this arrangement, vaccine manufacturers avail themselves of all of the upside (the windfall profits from the products they produce, often mandated by law in order to attend school or work) and liberate themselves, through the legislation passed by their cut-outs in Congress, from all of the downside (liability for the killing and maiming).

From the National Childhood Vaccine Injury Act of 1986 (emphasis added):

Subtitle 2: National Vaccine Injury Compensation Program - Part A: Program Requirements - Establishes the National Vaccine Injury Compensation Program as an alternative remedy to judicial action for specified vaccine-related injuries.

Prescribes the contents of any petition for compensation.

Grants U.S. district courts authority to determine eligibility and compensation. Requires the district court in which the petition is filed to designate a special master to serve as an adjunct to the court. Sets forth the responsibilities of the court.

Lists factors to be considered when determining the amount of a compensation award. Sets forth a table of injuries deemed vaccine-related for compensation purposes. Permits the Secretary of Health and Human Services to: (1) promulgate regulations to revise such table; and (2) recommend changes to the vaccines covered by the table.

Provides that compensation awarded under the Program shall be paid out of the National Vaccine Injury Compensation Trust Fund. Limits awards for actual and projected pain and suffering and emotional distress to $250,000. Prohibits awards for punitive damages.

Establishes the Advisory Commission on Childhood Vaccines to: (1) advise the Secretary on the implementation of the Program; (2) recommend changes to the Vaccine Injury Table; and (3) recommend research priorities.

Part B: Additional Remedies - Sets forth procedures under which the person who filed a petition for compensation under the program may elect to file a civil action for damages.

Provides that no vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death: (1) resulting from unavoidable side effects; or (2) solely due to the manufacturer's failure to provide direct warnings. Provides that a manufacturer may be held liable where: (1) such manufacturer engaged in the fraudulent or intentional withholding of information; or (2) such manufacturer failed to exercise due care. Permits punitive damages in such civil actions under certain circumstances.

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Related: SHOCKER: Bill Gates Met With Trump, Pressured Him Not to Investigate Vaccine Safety

I queried Leo AI as to the unique nature of this legal immunity: “Do any manufacturers of consumer products besides vaccines have immunity from legal liability?”

Via Leo AI (emphasis added):

No, vaccine manufacturers are essentially unique in having broad federal liability protection for their products in the U.S.

Under the National Childhood Vaccine Injury Act of 1986, vaccine manufacturers have immunity from most lawsuits related to vaccine injuries. Instead, claims go through the National Vaccine Injury Compensation Program (VICP), a no-fault federal system funded by an excise tax on vaccines.

Some limited parallels exist:

  • Medical device manufacturers have partial preemption under certain FDA regulations, but can still face lawsuits
  • Gun manufacturers have liability protections under the Protection of Lawful Commerce in Arms Act (2005), but only against lawsuits arising from criminal misuse by third parties - they can still be sued for defects, negligence, or breach of contract
  • Government contractors may have some immunity under the "government contractor defense" in specific circumstances

However, none of these protections are as comprehensive as the vaccine liability shield. Most consumer product manufacturers remain fully subject to product liability lawsuits for defects, inadequate warnings, or negligence.

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Now, vaccine evangelists devote a lot of their propaganda talking points to lamenting the decline in trust in public institutions like the CDC, FDA, etc.

Here’s an idea that has, for some reason, apparently escaped them, despite the inordinate amount of time they devote to solving the public trust crisis: re-establish the rule of law and common sense by restoring manufacturer liability.

If they can be taken to court for alleged damages, we can fully suss out how much culpability, if any, they actually have in the aforementioned maiming and killing.

Until then, the public is right to suspect the industry does not actually have the necessary incentive to produce vaccines that are safe and effective, as they don’t face serious legal consequences for not doing so.

Sign the petition 

For questions or comments on the petition, please contact [email protected].

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