Nine Year Old Louisianan Paralyzed by the Flu Vaccine, Federal Law Prevents Mom From Suing Vaccine Manufacturer
If vaccines are so safe, why is there a federal law shielding vaccine manufacturers from lawsuits for injury and death?
Many thanks to Tammy Kleyle for sharing the heartbreaking story of her daughter Audrey’s unimaginable vaccine injury with us.
In the video linked below, I introduce you to Tammy, a Louisiana mom and nurse whose daughter was paralyzed by transverse myelitis at the age of nine following a routine flu vaccine. As Tammy explains in the interview, her daughter Audrey experienced numbness in her lower extremities within weeks of receiving a flu vaccine and complete paralysis in her legs within months of the shot. In the five years since Audrey was injured, she has not recovered the use of her legs and remains a paraplegic at the age of 15. Tammy says there is currently no expectation that her daughter will ever regain the use of her legs.
Instead of suing the vaccine manufacturer as one would expect for this type of catastrophic injury, the family is forced into “vaccine court” to sue the federal government for compensation in a scheme known as the Vaccine Injury Compensation Program (VICP). The VICP was established after the National Childhood Vaccine Injury Act (NCVIA) was signed into law thirty-seven years ago today, November 14, 1986.
While many claim that vaccines are safe, NCVIA is a testament to the fact that they are not. The law was literally established to fund compensation of expected vaccine injuries and deaths. It is not a matter of if vaccine injury will occur, rather who will experience it and to what degree. These are the unknowns. Tammy and I discuss this in the interview. As a nurse, how was she able to get a flu shot year after year, while it left her daughter paralyzed? They have no idea what causes severe vaccine injury and who may be susceptible to it because the studies have never been done. Where is the motivation to ensure the products are safe if there is literally no product liability?
And without adequate studies, the burden of proving vaccine injury is left to the patient. Yes, you read that correctly. Tammy has to prove the vaccines caused her daughter’s injury because the vaccine manufacturers are not required to do adequate pre-clinical safety studies. As a matter of fact, no flu vaccine on the market today was tested against an inert placebo before being marketed to parents for their children. This is true of all vaccines recommended to children today.
The chart above shows the “comparator” vaccine (in orange) used as a “placebo” against the corresponding vaccine (in yellow) in the clinical trials. For example, Infanrix was tested for safety using the DTP vaccine as the placebo in the clinical trial.
How did we get to the point where children are routinely given drugs that have never undergone a true clinical trial?
In 1986, pharmaceutical lobbyists used fear to convince legislators that the industry’s inability to continue to pay compensation for the injuries that resulted from the use of their products would reduce vaccination rates and result in a resurgence in childhood illnesses. Instead of demanding they make safer vaccines, Congress gave them a get-out-of-jail-free-card and removed all product liability.
Congress created an extraordinarily lucrative business model.
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, not including covid vaccines. While on the CDC recommended schedule, Covid vaccines are still indemnified under the PREP Act, not NCVIA. Speaking of covid, the passage of NCVIA in 1986 helped set the stage for the unbelievable nightmare of the last three plus years.
NCVIA laid the groundwork in eliminating any incentive for supporting readily available early treatment protocols and naturally acquired immunity to infectious disease. 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.
It is time to make pharma liable again.
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 should be no liability shield. If the drugs are not safe, they should be removed from the market. The only true test of product safety is product liability. If vaccine products were truly safe and effective, individuals would choose them, no mandates, coercion, or undue influence (which all violate human rights declarations) required.
Contact your congressmen and ask them to make these common sense amendments to NCVIA:
Suggested amendments to 42 U.S.C. §300aa–1:
(B) As a matter of informed consent, prior to vaccination, recipients must be informed of, and acknowledge their understanding of, their legal rights regarding any vaccine-related injury or death associated with the administration of a vaccine.
(C) Retribution and discrimination based on an individual’s vaccination status shall be prohibited.
(D) Coercion and Undue Influence to alter an individual's vaccination choice shall be prohibited.
Suggested amendment to 42 U.S.C. §300aa–11(a):
(11) Individuals may bring a civil action for vaccine-related injury or death against the product manufacturer if the Secretary fails to fulfill obligations under 42 U.S.C. §300aa–-27. (FYI: The obligations under this section have NEVER been fulfilled.)
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