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http://cantwell.senate.gov/contact/index.html

http://www.house.gov/inslee/contact/email.html

comments (AT) whitehouse (DOT) gov.

vice_president (AT) whitehouse (DOT) gov

Please stop the Biodefense and Pandemic Vaccine and Drug Development Act of 2005"(S. 1873)

Forced Vaccination

Legislation will strip Americans of the right to sue drug companies if harmed by

an experimental vaccine

by National Vaccine Information Centre (NVIC)

October 20, 2005

NVIC

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National Vaccine Information Centre (NVIC) Note:

On October 19, we witnessed the Senate HELP Committee pass this bill out of sub-committee.

It is critical that you take action today-immediately. This bill will go back to

the committee for a final review on Thursday-October 20, 2005 and then go to the

full Senate for a vote.

Being led by Republican Richard Burr (R-NC) and being spurred by fears of avian

flu, this bill was written and passed out of committee in a 24 hour period.

Most members did not even have the final language in front of them.

The version that passed will broadly eliminate liability for vaccines and drugs.

Please read the press release, write to the members of the HELP committee, write

to your own Senator and your own member of Congress. Pass this alert to your

family, friends and other organizations you are involved with. Go to our

website and take action right now! www.NVIC.org

Don't wait for someone else to do it. This is a CODE RED alert to anyone who is

concerned about forced vaccination and holding drug companies responsible for

the products they create. www.NVIC.org

WASHINGTON, Oct. 19 /PRNewswire/ -- The National Vaccine Information Center

(NVIC) is calling the "Biodefense and Pandemic Vaccine and Drug Development Act

of 2005"(S. 1873), which passed out of the U.S. Senate HELP Committee one day

after it was introduced "a drug company stockholder's dream and a consumer's

worst nightmare."

The proposed legislation will strip Americans of the right to a trial by jury if

harmed by an experimental or licensed drug or vaccine that they are forced by

government to take whenever federal health officials declare a public health

emergency.

The legislation's architect, Senator Richard Burr (R-NC), Chairman of the HELP

Subcommittee on Bioterrorism and Public Health Preparedness, told the full HELP

Committee yesterday that the legislation "creates a true partnership" between

the federal government, the pharmaceutical industry and academia to walk the

drug companies "through the Valley of Death" in bringing a new vaccine or drug

to market. Burr said it will give the Department of Health and Human Services

"additional authority and resources to partner with the private sector to

rapidly develop drugs and vaccines."

The Burr bill gives the Secretary of DHHS the sole authority to decide whether a

manufacturer violated laws mandating drug safety and bans citizens from

challenging his decision in the civil court system. The bill establishes the

Biomedical Advanced Research and Development Agency (BARDA), as the single

point of authority within the government for the advanced research and

development of drugs and vaccines in response to bioterrorism and natural

disease outbreaks such as the flu. BARDA will operate in secret, exempt from

the Freedom of Information Act and the Federal Advisory Committee Act, insuring

that no evidence of injuries or deaths caused by drugs and vaccines labeled as

"countermeasures" will become public. Nicknamed "Bioshield Two," the

legislation is being pushed rapidly through Congress without time for voters to

make their voices heard by their elected representatives.

Co-sponsored by Republican Senate Majority Leader Bill Frist (R-TN), Senate

Health, Education, Labor and Pensions Committee Chairman Mike Enzi (R-WY), and

Senate Budget Committee Chairman Judd Gregg (R-NH), the legislation will

eliminate both regulatory and legal safeguards applied to vaccines as well as

take away the right of children and adults harmed by vaccines and drugs to

present their case in front of a jury in a civil court of law.

"It is a sad day for this nation when Congress is frightened and bullied into

allowing one profit making industry to destroy the seventh Amendment to the

Constitution guaranteeing citizens their day in court in front of a jury of

their peers," said Barbara Loe Fisher, president of NVIC.

"This proposed legislation, like the power and money grab by federal health

officials and industry in the Homeland Security Act of 2002 and the Project

Bioshield Act of 2004, is an unconstitutional attempt by some in Congress to

give a taxpayer- funded handout to pharmaceutical companies for drugs and

vaccines the government can force all citizens to use while absolving everyone

connected from any responsibility for injuries and deaths which occur.

It means that, if an American is injured by an experimental flu or anthrax

vaccine he or she is mandated to take, that citizen will be banned from

exercising the Constitutional right to a jury trial even if it is revealed that

the vaccine maker engaged in criminal fraud and negligence in the manufacture of

the vaccine."

The federal Food and Drug Administration (FDA) is legally responsible for

regulating the pharmaceutical industry and ensuring that drugs and vaccines

released to the public are safe and effective. Drug companies marketing

painkillers, like Vioxx, and anti-depressants, which have resulted in the

deaths and injuries of thousands of children and adults, are being held

accountable in civil court while the FDA has come under intense criticism for

withholding information about the drugs' dangers from the public.

Since 1986, vaccine makers have been protected from most liability in civil

court through the National Childhood Vaccine Injury Act in which Congress

created a federal vaccine injury compensation program (VICP) that offers

vaccine victims an alternative to the court system. Even though the program has

awarded nearly $2 billion to victims of mandated vaccines, two out of three

plaintiffs are turned away. "The drug companies and doctors got all the

liability protection they needed in 1986 but they are greedy and want more,"

said Fisher. "And the federal health agencies want more power to force citizens

to use vaccines without having to worry about properly regulating them.

If the Burr bill passes, all economic incentives to insure mandated vaccines are

safe will be removed and the American people are facing a future where

government can force them to take poorly regulated experimental drugs and

vaccines labeled as "countermeasures" or go to jail. The only recourse for

citizens will be to strike down mandatory vaccination laws so vaccines will be

subject to the law of supply and demand in the marketplace. The health care

consumer's cry will be: No liability? No mandates."

The National Vaccine Information Center (NVIC) was founded by parents of vaccine

injured children in 1982 and co-founders worked with Congress on the National

Childhood Vaccine Injury Act of 1986. For more information, go to

http://www.nvic.org .

 

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