How do you disincentivize pandemics?

Make pharma liable again.

And this is how you do it.

When I went to D.C. last week, I took the opportunity to schedule appointments with the offices of our Louisiana Republican congressional delegation: Graves, Higgins, Johnson, Kennedy (this appointment was postponed to this week), Letlow, Scalise, along with Congressman Barry Loudermilk from GA (thanks to my friend Sandi in GA).

This is what I shared with them:

Re: HHS has failed to comply with 42 U.S.C. §300aa—27 

One of the many egregious acts committed by federal public health agencies over the last two and a half years is the denial of natural immunity.  Withholding that information violates the federal informed consent law for drugs under EUA, specifically 21 U.S.C 360bbb–3. Section e(1)(A)(ii)(lll). Natural immunity has been a viable alternative to covid vaccination from the outset. The subterfuge was necessary, though, for the intended goal of adding the shot to the childhood schedule and thereby gaining continuous immunity from product liability under 42 U.S.C. §300aa–11 of the National Childhood Vaccine Injury Act (NCVIA). That is not the only goal, but a significant one, in my opinion. 

The Secretary of Health and Human Services has failed to comply with the statutory requirements of NCVIA intended to ensure product safety and consumer protection, specifically 42 U.S.C. §300aa–27. The failings are so significant that the immunity from liability granted under 42 U.S.C. §300aa–11 should be repealed and consumers protected from further vaccine mandates. 

The passage of NCVIA in 1986 helped set the stage for the unbelievable nightmare of the last two years. Interestingly, some of the major players on the scene today were involved with its inception. Dr. Anthony Fauci was already installed at the National Institute of Allergy and Infectious Disease (NIAID) and then Senator Joe Biden undoubtedly voted for its passage as it was introduced and supported by fellow democrats Representative Henry Waxman and Senator Ted Kennedy. 

On several occasions in the last year, President Biden has erroneously stated that guns are the only product on the market with blanket immunity from product liability when, ironically, he was a sitting member of Congress when NCVIA was passed. 

NCVIA also laid the groundwork in eliminating any incentive for supporting the natural, or unvaccinated, immune system. Drug manufacturers were given a cash cow with no incentive for product safety, a guaranteed consumer base with the introduction of school vaccination requirements, and a deceptive perception of vaccine safety with the elimination of one of the most essential market indicators of product safety - litigation. 

Insidiously, vaccination became the “only” way to prevent disease. 

Not surprisingly, Health and Human Services (HHS) has not complied with the few safeguards that were included in NCVIA, specifically 42 U.S.C. §300aa–27 which requires:

(a)General rule

(2) make or assure improvements in, and otherwise use the authorities of the Secretary with respect to, the licensing, manufacturing, processing, testing, labeling, warning, use instructions, distribution, storage, administration, field surveillance, adverse reaction reporting, and recall of reactogenic lots or batches, of vaccines, and research on vaccines, in order to reduce the risks of adverse reactions to vaccines.

(c) Report

Within 2 years after December 22, 1987, and periodically thereafter, the Secretary shall prepare and transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report describing the actions taken pursuant to subsection (a) during the preceding 2-year period.

How has the Secretary of Health and Human Services made improvements in adverse event reporting according to 42 U.S.C. §300aa–27(a)(2)? 

In 2011, the CDC commissioned Harvard Pilgrim HMO to conduct a study of the Vaccine Adverse Event Reporting System (VAERS) which concluded:

“Likewise, fewer than 1% of vaccine adverse events are reported. Low reporting rates preclude or slow the identification of “problem” drugs and vaccines that endanger public health. New surveillance methods for drug and vaccine adverse effects are needed.”

The study authors noted:

“Unfortunately, there was never an opportunity to perform system performance assessments because the necessary CDC contacts were no longer available and the CDC consultants responsible for receiving data were no longer responsive to our multiple requests to proceed with testing and evaluation.”

No improvements have been made to VAERS since its inception, so it is safe to assume that the adverse event reporting rate is still less than 1%. 

Did the Secretary of HHS submit reports to Congress every two years describing the actions taken pursuant to 42 U.S.C. §300aa–27(c), including improvements in adverse event reporting?

In 2018, the Informed Consent Action Network (ICAN) sued HHS to produce the reports that should have been submitted biennially since 1989. On July 6, 2018, a judge issued a stipulated order which acknowledges that there are no such reports. 

Since the inception of NCVIA in 1986, the childhood schedule has grown exponentially,  going from 24 doses of seven different vaccines to 73 doses of sixteen different  vaccines today. If covid vaccines are added to the childhood schedule, the number of doses by age 18 is open ended at this point. 

HHS has had 36 years to comply with the requirements of NCVIA. On what do we base the assumption of “safety” if adverse event reporting is estimated to be less than 1% and there have been no biennial reports evaluating vaccine improvements submitted to Congress for the last 36 years as is required by federal law? Congress recognized in 1986 that improvements needed to be made in the vaccine program, which was on the verge of collapse because of the number and severity of claims against vaccine manufacturers. 

It is time to place the responsibility for product safety squarely where it belongs: on vaccine manufacturers. These drugs are either safe or they are not. If they are safe, there needs to be no liability shield. If the drugs are not safe, they should be removed from the market or at the very least, prohibited from being mandated. The only true test of safety is product liability. 

Make pharma liable again.

Suggested amendment to 42 U.S.C. §300aa–1:

(B) As a matter of informed consent, vaccine recipients must be made aware that they cannot bring a civil action for vaccine-related injury or death associated with the administration of a vaccine. 

(C) A recipient retains a right to refuse vaccination with a vaccine covered under this program without fear of retribution or discrimination. 

Suggested amendment to 42 U.S.C. §300aa–11(a):

(11) Individuals may bring a civil action for vaccine-related injury or death if the Secretary fails to fulfill obligations under 42 U.S.C. §300aa–-27.

Sincerely,

Jill Hines

Co-Director

Health Freedom Louisiana