While You Were Sleeping: Legal Shield for Vaccine Makers, Part 2

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Mon, 26 Dec 2005 21:09:21 -0500 (EST)

While You Were Sleeping: Legal Shield for Vaccine Makers, Part 2

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http://www.opednews.com/articles/opedne_joan_bru_051225_while_you_were_sleep.htm

 

 

December 25, 2005

 

 

 

While You Were Sleeping: Legal Shield for Vaccine Makers, Part 2

 

What you can do while recuperating from your holiday excess

 

By Joan Brunwasser, submitted by Karen Barth Menzies, Esq.

 

Dear All:

 

The provision in the defense bill inserted by Sen. Bill Frist last

week is troublesome in that the provision exempts from all liability

(not just punitive damages) manufacturers of not only vaccines, but

all drugs used to treat a pandemic, epidemic, or biological attack.

The bill provides that the Secretary of the Department of Health and

Human Services (FDA's " boss " ) is

the sole person who can decide whether a drug is used to treat a pandemic,

epidemic, or biological attack. It would be easy for the secretary to

decide

that something like depression is an epidemic in this country. In

fact, when

you do a google search using " depression epidemic, " you get 1,760,000

hits!

So, if the Secretary of HHS decides that depression is an epidemic,

then he

could shield all antidepressant-makers from liability for drug-induced

injuries!

 

One article explains: " The provision would provide immunity from lawsuits

to any company that made 'countermeasures' -- broadly defined as drugs,

vaccines or medical devices -- to protect Americans against pandemics,

epidemics or biological attacks. It would give the secretary of health and

human services authority to determine what constituted a pandemic or an

epidemic. ... [T]hat authority, broadly construed, could apply to heart

drugs or diabetes, for example, should the secretary declare heart disease

or diabetes an epidemic. " See

 

<http://www.consumerwatchdog.org/malpractice/nw/?postid=5507>

http://www.consumerwatchdog.org/malpractice/nw/?postid=5507

 

According to Rep. Henry Waxman, D-Calif.: " This liability shield can be

granted to any product used to prevent or treat an epidemic or a pandemic,

and the secretary gets to decide what that means. No court can review that

decision. "

 

This is not the first time Frist has tried to use a military bill as a

" cover " to give special protections to the drug industry. In 2002, he

authored protections for Eli Lilly's vaccine additive Thimerisol that were

inserted into the Homeland Security bill. It was only after a public

backlash that Congress and Frist repealed the measure.

 

The below website provides a fast and easy way to participate in some

" public backlash " by telling your representatives your concerns about this

back-door attempt to protect Big Pharma:

 

<http://www.democracyinaction.com/dia/organizations/paf/campaign.jsp?campaign_KE\

Y=1688>

 

PLEASE ENCOURAGE OTHERS TO DO THE SAME!

.. . . we have the email links to write to the Senators on the Senate

Committee on Armed Forces, pasted below.

 

Also, if you have no time to write something, here's a short form

letter:

 

I am deeply concerned about the Department of Defense (DOD)

appropriation's bill, which contains a provision that would immunize

drug companies from liability for the harm their drugs may cause. The

proposal does not, in any way, limit its application only to new drugs

or vaccines used in a pandemic context. The scope of the proposal is

so broad that it could include antidepressants such as Paxil and

Effexor or pain medications such as Vioxx and Bextra. I urge you to

oppose this back-door attempt to shield the pharmaceutical industry,

even when it is " negligent or reckless. "

 

SenatorWeb Form or Email Address

1John Mc Cain,

Azhttp://mccain.senate.gov/index.cfm?fuseaction=contact.home

2James Inhofe, Okhttp://inhofe.senate.gov/contactus.htm

3Pat Roberts, KShttp://roberts.senate.gov/e-mail_pat.html

4Jeff Sessions, Alhttp://sessions.senate.gov/email/contact.cfm

5Susan Collins, Mehttp://collins.senate.gov/low/contactemail.htm

6John Ensign, NVhttp://ensign.senate.gov/forms/email_form.cfm

7James Talent, Mohttp://talent.senate.gov/contact/default.cfm?pagemode=1

8Saxby Chambliss,

Gahttp://chambliss.senate.gov/contact/default.cfm?pagemode=1

9Lindsey Graham, SChttp://lgraham.senate.gov/index.cfm?mode=contact

10Elizabeth Dole,

NChttp://dole.senate.gov/index.cfm?fuseaction=contactinformation.contactform

11John Cornyn, TXhttp://cornyn.senate.gov/contact/index.html

12John Thune, SDhttp://thune.senate.gov/index.cfm?fuseaction=contact.home

13Carl Levin, Mihttp://levin.senate.gov/contact/index.cfm

14Ted Kennedy,Mahttp://kennedy.senate.gov/contact.html

15Robert Byrd,WVhttp://byrd.senate.gov/byrd_email.html

16Joe Lieberman,

Connhttp://lieberman.senate.gov/contact/index.cfm?regarding=issue

17Jack Reed, Rihttp://reed.senate.gov/contact/thoughts.cfm

18Dan Akaka, Hi(Email) senator

19Bill Nelson, Flhttp://billnelson.senate.gov/contact/index.cfm#email

20E. Benjamin Nelson,NEhttp://bennelson.senate.gov/contact/email.cfm

21Mark Dayton, Mnhttp://dayton.senate.gov/contact/email.cfm

22Evan Bayh,Inhttp://bayh.senate.gov/webmail1.htm

23Hillary Clinton, NYhttp://clinton.senate.gov/contact

 

 

Karen Barth Menzies, Esq.

Baum Hedlund, A Professional Corporation

www.BaumHedlundLaw.com

KBMenzies

Tel: 310-207-3233

Fax: 310-820-7444

 

 

 

Authors Website: www.CountEveryVote.BlogSpot.com

 

Authors Bio: Joan Brunwasser is a citizen activist working hard to

restore and preserve free and fair elections. Her main project is

distributing " Invisible Ballots " through a free lending library. Since

mid September, she has loaned the DVD to 'borrowers' in 24 states, DC,

Canada and Japan. She had hoped to hit 100 before December 31st and

accomplished that goal on December 23rd. She is the Voting Integrity

Editor for Op Ed News and can be reached at rafijoan.