Vaccine Laws

 

The federal laws concerning vaccines are summarized below. 

1986 National Vaccine Injury Act

This act of congress was passed in 1986 in order to eliminate the potential financial liability of vaccine manufacturers due to vaccine injury claims.  As a result of this act:

  • The National Vaccine Injury Compensation Program was established in order to compensate individuals who have suffered injury from vaccines.

  • The Vaccine Adverse Event Reporting System was developed.  All medical professionals who observe symptoms described in the Table of Reportable Events (https://vaers.hhs.gov/resources/infoproviders.html) must submit a report to the VAERS database.

National Vaccine Injury Compensation Program

This is a federal no-fault system for compensating vaccine injury claims.

  • The Federal Government added a tax to all vaccines used to compensate individuals for serious vaccine injury or death via the NVICP.

  • Only cases concerning approved conditions or outcomes could be brought to the NVICP.

  • If a claim was not heard within 280 days, it could be taken directly to the vaccine manufacturers.

 

2011 Bruesewitz vs Wyeth

In this court case, the Bruesewitz family sought to sue the pharmaceutical company Wyeth when their daughter developed Seizure Disorder shortly after vaccination.

The court ruled that the family could not sue Wyeth.  As a result of this court case:

  • Vaccine manufacturers cannot be sued for damages resulting from their vaccines.

  • Vaccine manufacturers have no obligation to financially compensate vaccine damaged individuals.  All compensation is paid for by the NVICP using vaccine tax revenue.

  • A lawyer cannot subpeona records from vaccine manufacturers regarding vaccine development, ingredients, testing, or transport.

 

Government Mandates

Several states have passed vaccine mandates.  Should these mandates be supported or opposed?  Here are some points to consider:

  • Is there a public health emergency that necessitates government intervention?

  • Does this medical procedure carry risk?

  • Is this law in keeping with the Nuremberg Code of Ethics, ensuring individuals will not be forced to undergo a medical procedure without free consent?

  • Are there alternatives to mandates, such as vaccine education programs, improved vaccine availability and affordability, or alternative strategies for preventing disease?

  • Is this law constitutional?

  • Will people be forced or coerced into vaccinating against their wishes?

  • How will the health of the individual be protected? How will vulnerable populations be identified and exempted?