SENATE BILL 1873 BANS DRUG & VACCINE DAMAGE CLAIMS

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SENATE BILL 1873 BANS DRUG & VACCINE DAMAGE CLAIMS

Sat, 29 Oct 2005 19:25:59 +0100

 

 

SENATE BILL 1873 BANS DRUG & VACCINE DAMAGE CLAIMS

 

 

 

 

 

Dr. Carolyn Dean, MD, ND and

Elissa Meininger

October 27, 2005

NewsWithViews.com

 

In between news broadcasts of hurricane disasters and relief efforts

we have all heard the hysteria surrounding the avian flu. Is this

slated to be the next disaster that distracts us from a hundred other

pressing concerns in our world? Probably. There is just too much money

to be made selling drugs and flu shots as we give governments more

power to herd us into doctors' offices to force us to use some

medication we don't want. It's Big Pharma's dream come true.

 

As advocates of natural healing arts, both Elissa and I have

connections throughout the industry so whenever we need to find out

what's really going on, we have a vast pool of resources. In this

regard, we have known for months that the avian flu scare is being so

overblown that you would think we are living in the dark ages infected

with the black plague. As we wrote in our News With Views article " US

Infectious Disease Policy, Based on the Wrong Germ Theory " modern

medicine is not the end-all, be-all, when it comes to preventing

and/or treating infectious diseases, particularly those that end up as

epidemics and now as the new scary word " pandemics " . Natural healing

arts practitioners have always had a better handle on how to build up

your immune system to prevent you from allowing the latest germ to

gain a foothold or at least make it a mild illness of short duration.

 

So it is with avian flu. We already know that at least one herbal

product now on the market has been tested against avian flu and killed

it within 20 minutes. We also know that some homeopathic product

manufacturers have already updated some of their products, as they do

every year, to address the latest flu germs so avian flu isn't scary

to them either. And, of course, those who use vitamins and minerals to

keep their immune systems up and running as well as address various

illnesses also have their protocols lined up.

 

But we can't tell you about any of these methods of helping you stay

alive and well during what is said to be a world-wide outbreak of a

new mutated germ.

 

WHY? Because, under current law, health claims for these natural

products is illegal. Should we tell you about these products, the FDA

can come in, seize the products and charge the executives of the

company with a crime that could land them in jail.

 

We will be telling you about a new bill to curb FDA censorship in the

coming weeks to correct this absurdity, but right now we have a more

urgent situation that involves the dangers of vaccines and other drugs

that is about to become worse.

 

There is a bill before the US Senate right now called the Biodefense

and Pandemic Vaccine and Drug Development Act of 2005 (S.1873), that,

if passed, would 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.

 

We recommend that you do several things.

 

First, skim through our NewsWithViews.com colleague, Sherri Tenpenny's

several articles about the boloney factor regarding vaccines to

refresh yourself on both the propaganda machine that promotes vaccines

every year as well as the dangers of the vaccines themselves. [Read]

Also see " Senate Bill 1873: Prescription for Tyranny "

 

Second, read the excerpt from Dr. Joseph Mercola's article below for a

brief overview on the dangers of this new bill. (See complete article

at [ Read]

 

Third, go to that National Vaccine Information Center for more details

as well as instructions on what YOU can do about this extremely

dangerous bill. www.909shot.com

 

Fourth, if you have time this weekend and can get to Minneapolis, come

to our world health freedom conference. Details below. The festivities

start at 1 p.m. Friday but if you can only come part of the time, come

anyway. We'd love to see you.

 

Fifth, while the issues we are dealing with in this article are very

serious, we also believe that laughter is the best medicine. So, aside

from reading a funny book, having a joke-telling contest with your

kids, or tickling your grand children, go to the link in Dr. Mercola's

article for a very funny commentary about the avian flu epidemic by

Jon Stewart of the Daily Show.

 

Dr. Mercola's overview of S. 1873.

 

The " Biodefense and Pandemic Vaccine and Drug Development Act of

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

one day after it was introduced. The National Vaccine Information

Center (NVIC) is calling the bill " a drug company stockholder's dream

and a consumer's worst nightmare. " This bill, spurred by bird flu

fears, will broadly eliminate corporate liability for vaccines and

drugs. This bill will soon go to the full Senate for a vote.

 

After reading the information below, please write to your own

Senator and your own member of Congress in protest of this bill. Pass

this alert to your family, friends, and other organizations you are

involved with, and go to the NVIC website to take action right now.

 

The proposed legislation, nicknamed " Bioshield Two, " is being

pushed rapidly through Congress without time for voters to make their

voices heard by their elected representatives. It will strip Americans

of the right to a trial by jury if they are harmed by a drug or

vaccine that they are forced by government to take, whenever federal

health officials declare a public health emergency.

 

The bill establishes the Biomedical Advanced Research and

Development Agency (BARDA), as the single point of authority within

the government for research and development of drugs and vaccines in

response to bioterrorism and natural disease outbreaks. 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.

 

This proposed legislation 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.

 

Join us at the National Conference for Health Freedom Advocates and

World Health Freedom Assembly

October 28-30, 2005

Minneapolis, Minnesota

www.nationalhealthfreedom.org

 

 

 

ACT FOR HEALTH FREEDOM NOW: Go to

www.friendsoffreedominternational.org and purchase " Death by Modern

Medicine " and view and purchase the new movie on Codex and Free Trade

called " We Become Silent " by Kevin Miller. Proceeds from the sale of

these products are crucial to help fund our health freedom action. For

state action go to www.nationalhealthfreedom.org.

 

© 2005 Carolyn Dean -

 

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Dr. Carolyn Dean is a medical doctor, naturopathic doctor, herbalist,

acupuncturist, nutritionist, as well as a powerful health activist

fighting for health freedom as president of Friends of Freedom

International. Dr. Dean is the author of over a dozen health books,

the latest of which is " Death By Modern Medicine " .

 

Elissa Meininger, is Vice President of Friends of Freedom

International and co-founder of the Health Freedom Action Network, a

grassroots citizens' political action group. She is also a health

freedom political analyst and can be heard on the natural health radio

show SuperHealth, broadcast weekly on station WKY (SuperTalk AM 930)

in Oklahoma City.

 

Website: www.deathbymodernmedicine.com

Website: www.carolyndean.com

 

E-Mail: holeopharm

_______________________________

 

 

SENATE BILL 1873: PRESCRIPTION FOR TYRANNY

 

Posted 1:00 AM Eastern

by NWV Staff Writer

October 26, 2005

NewsWithViews.com

 

Advocacy group issues Code Red Alert against Big Pharma bill

 

The National Vaccine Information Center, the country's largest and

oldest consumer-led vaccine safety organization, has issued a " Code

Red Alert " against S 1873, the " Biodefense and Pandemic Vaccine and

Drug Development Act of 2005 " -- a newly introduced congressional bill

that would allow rapid development of certain drugs and vaccines, at

the same time shielding the manufacturers from liability, even if

their products turn out to be lethal.

 

Nicknamed BioShield Two, after a related measure passed and signed

into law last year [PL 108-296], S 1873 is a " drug company

stockholder's dream and a consumer's worst nightmare, " says Barbara

Loe Fisher, president of NVIC, in a hard-hitting press release. " 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. "

 

Sharing Fisher's concerns, journalism professor John Hanchette, rips S

1873 in the Niagara Falls Reporter, calling the 88-page proposed

measure " a legislative genuflection to Big Pharma ­ the steamroller,

powerful drug-making sector of the economy. The pharmaceutical

mega-firms contribute millions to the coffers of congressional

members, but if this is signed into law, they potentially could save

billions. "

 

" This bill is a slavering wolverine masquerading as a furry little lab

rat, " Hanchette declares.

 

And that slavering wolverine is running on a fast track, its progress

on the Hill fueled by media-generated hysteria about bird flu.

 

" The legislation is being rushed through Congress without time for

voters to make their voices heard by their elected representatives, "

Fisher warns.

 

Authored and introduced by Sen. Richard Burr, R-N.C., S 1873 sailed

through the powerful Health, Education, Labor and Pensions (HELP)

Committee following a voice vote on Tuesday, Oct. 18, just one day

after it was introduced.

 

It could land on the Senate floor any time this week or next and be

approved without debate or roll call. Opponents fear a similar bill is

being readied on the House side, but is being kept under wraps, away

from public scrutiny.

 

To the bill's author and co-sponsors -- Republican Senate Majority

Leader Bill Frist, R-Tenn.; Senate HELP Committee Chairman Mike Enzi,

R-Wy.; and Senate Budget Committee Chairman Judd Gregg, R-N.H. -- S

1873 is all about public safety, anti-terrorism and the national defense.

 

" We need to improve our ability to prepare for, and respond to,

bioterrorism attacks and natural outbreaks with a comprehensive

approach, " said Sen. Burr, who chairs the HELP Subcommittee on

Bioterrorism and Public Health Preparedness where the bill sat

momentarily before being rushed to the full committee.

 

Burr told the committee that S 1873 " 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 to market. 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. "

 

Specifically, S 1873 would:

 

*

Set up a new agency -- the Biomedical Advanced Research and

Development Agency, or BARDA, to be the single point of authority

within the federal government for the advanced research and

development of medical countermeasures, including drugs and vaccines,

in response to bioterrorism and natural disease outbreaks.

*

Encourage potential researchers, manufacturers, and health care

delivery partners to commit substantial resources to bring new drugs

and vaccines to market more quickly.

*

Provide incentive for the domestic manufacturing of medical

countermeasures for pandemic and epidemic diseases.

 

" I believe we need to make sure someone in the Federal Government is

partnering with the private sector to quickly develop drugs and

vaccines should we need them, " said Burr in a press statement.

 

Shielding Big Pharma

 

The senator does not explain that Sec. 6 of the bill amends the Public

Health Service Act [in Title 42 of the U.S. Code] by inserting a

provision that manufacturers, distributors, and administrators of " a

security countermeasure, or a qualified pandemic or epidemic product, "

and health care providers using the product " shall be immune from suit

or liability caused by or arising out of the design, development,

clinical testing and investigation, manufacturing, " and so on, of the

product.

 

" …No cause of action shall exist against a person described in

subsection (a) for claims for loss of property, personal injury, or

death arising out of, reasonably relating to, or resulting from the

design, development, sale… use " … of a product " that is a designated

security countermeasure or a qualified pandemic or epidemic product by

the Secretary [of HHS] in a declaration … "

 

Nor does Burr's statement let the public know that BARDA, the new

agency, its working groups and advisory boards will be allowed to

operate in secret, exempt from provisions of the Freedom of

Information Act and the Federal Advisory Committee Act [PL 92-463; 5

US Code].

 

FACA, a law not as well known as FOIA, provides that a person

" suffering a legal wrong because of agency action, or adversely

affected or aggrieved by agency action within the meaning of a

relevant statute is entitled to judicial review thereof. "

 

In an interview with NewsWithViews.com, Fisher spelled out what all

this means for someone who might be affected by one of the drugs or

vaccines produced by a " partnering " company, which a person could be

forced to take if the secretary of Health and Human Services declares

a bio-threat or other medical emergency.

 

Denial of justice

 

" Not only can't you get at them [a drug manufacturer] because it wipes

out the ability to go to court, to have your day in court, but it also

shields them from the light to find out exactly what is happening with

adverse events ­ because [with] this BARDA that they're setting up,

the information will all be protected, " she said. " If people are dying

and having seizures after being vaccinated or using these drugs, you

will never be able to get a handle on what is actually happening

because it's all protected. You can't use FOIA, you can't go to court,

you can't do anything. "

 

Fisher observed that one of the features of any lawsuit is the process

of discovery, which allows lawyers, the plaintiff and defendant to go

into the archives and files of the various parties (such as drug

companies) to get information necessary to put a case together. By

closing off access to the courts otherwise allowed by the Federal

Advisory Committee Act and the Public Health Service Act, and

effectively shutting the door on FOIA and the discovery process ­ a

huge shield is created for the drug companies.

 

" If they cut off the pass in terms of judicial review and they cut off

the pass in terms of FOIA, you'll have no ability to get a handle on

what's happening, " Fisher said.

 

Other concerns

 

There are other concerns. Opponents of this and earlier measures have

focused on the possibility of forced vaccination and drugging.

 

There's nothing about either forced drugging or forced vaccination

programs in S 1873, which deals with matters of liability, not

enforcement. But the danger of such programs is nonetheless very real

and would be heightened if the bill is passed.

 

As Fisher sees it, S 1873 is one part of a bigger picture and must be

taken in context with other legislation already on the books that this

measure builds on ­ namely, the Homeland Security Act, the BioShield

Act of 2004, and the Model States Health Emergency Powers Act, which

is being enacted at the state level.

 

" Those define what the secretary of Health and Human Services can do

when he or she declares a public health emergency, " she said. " This

piece of legislation, the Burr bill, completes the circle in that it

lets everyone off the hook in terms of liability. It completes the

concentration of power in the hands of the secretary of Health and

Human Services who is an appointee of the Administration, just like

the Homeland Security Act [of 2002, PL 107-296] tipped the balance of

power in favor of the Executive Branch.

 

" Where the authors of the Constitution tried to achieve a balance

between the judiciary, the legislative, and the executive branches ­

we now have a concentration of power in the Executive Branch. These

pieces of legislation taken together do not allow any oversight on

what the Executive Branch is doing in the areas of declaring an actual

public health emergency or an imminent or potential public health

emergency and then setting into motion forced quarantine, forced

vaccination and drug taking. There's total immunity from liability

(even in case sickness or death occurs) for anyone who is involved in

that process, and there's no judicial review.

 

" So it's a tremendous amount of power concentrated in the hands of the

Secretary of Health and Human Service. "

 

And this power, granted under last year's BioShield Act, has already

been exercised. As an example Fisher cited a recent case in

Washington, D.C., in which federal court judge Emmett Sullivan, a

Clinton appointee, declared the anthrax vaccine program to be illegal

and issued an injunction against further mandatory use of the vaccine.

He ruled that despite assertions by the Dept. of Defense and the FDA,

the vaccine was " investigational " and " unapproved for its intended

use, " and therefore could not be given to members of the armed

services without informing them of the safety risks.

 

That was in October 2004, shortly after the passage of the BioShield

Act which President Bush called for in his 2003 State of the Union

address.

 

Fisher continued: " When he [sullivan] did that, the secretary of HHS ­

with the secretary of Defense ­ issued an Emergency Use Authorization

declaring an emergency. Under the law they did not have to tell anyone

what that emergency is, the nature of the emergency. It is not

reviewable. They issued this Emergency Use Authorization thereby

circumventing the court's injunction. "

 

Sullivan later agreed that the feds had the power under the BioShield

Act and lifted the injunction, but said the personnel would have to be

informed of the benefits and risks of the vaccine, and it would have

to be made clear to them that the program was voluntary and they were

not being forced.

 

But, Fisher points out, " This is a career killer. If you don't get the

shots, they can say you endanger yourself and the troops that you're

with. "

 

" So we know that once they've exercised the Emergency Use

Authorization under Project BioShield in a military setting, they have

the ability to do it in the civilian setting because this federal

legislation -- S 1873 ­ sets it up for them in either setting, " Fisher

said.

 

NOTE: All versions of S 1873 and any other legislation are linked to

the House of Representatives websites.

 

Capital switch board: 202-224-3121

 

© 2005 - NewsWithViews.com -