U.S. Supreme Court Hates Disabled Children

February 22nd 2011 will be remembered as the day that the United States Supreme Court, and as a result of this decision, The Federal Government, turned their backs on millions of disabled children and their families. It will be memorialized as the final straw; the straw that broke the proverbial camel’s back and hopefully woke up a sleeping giant. When Congress passed the National Childhood Vaccine Injury Act in 1986, it was the beginning of the end for modern science, medicine and ultimately our country. Sound dramatic? It is, but this in no way takes away from the facts.
The NCVI Act was not designed nor passed to “compensate” children and their families due to the “unavoidably dangerous” side effects of vaccines. It was designed to protect the pharmaceutical companies from liability from their inherently dangerous products. The impetus behind this Bill was increasing numbers of lawsuits being filed against vaccine manufacturers whereby two of the three manufacturers of the DPT vaccine had already folded under the pressure and the last (Lederle) was threatening to cease vaccine manufacturing as well. Any thinking human being would have taken this curious state of events and thought to themselves: we need to take action. Obviously these vaccines are unsafe. What can we do to improve this product to continue helping children stay disease free and healthy?
Instead, Congress created an act that would simply enable the manufacturers of these childhood poisons to continue, unscathed, in their goal to destroy America’s children. One small, albeit incredibly daunting option in this “vaccine court” proceeding was the option for parents of vaccine injured children to refuse the often scant and miniscule amount of monies offered to them for their children’s lives and health: “The Act provides that a party alleging a vaccine injury may file a petition for compensation in the Court of Federal Claims, naming the Health and Human Services Secretary as the respondent; that the claimant can then decide whether to accept the court’s judgment or reject it and seek tort relief from the vaccine manufacturer”. (Emphasis added by author)
This Decision by the U. S. Supreme Court in Bruesewitz v. Wyeth has destroyed this option to pursue action in state or federal court by the parents. Hannah Bruesewitz was injured by the DPT vaccine as an infant when she suffered a seizure hours after the administration of the vaccine. Her health has been destroyed by a seizure disorder ever since. When the “vaccine court” denied her claims and wanted to only award “legal fees” the family decided to pursue this matter by suing Wyeth which had since bought the original manufacturer and had thus, bought any legal problems as well. The Supreme Court ruled (as did the earlier lower courts), that because of certain language in the NCVIA, no families had the right to sue vaccine manufacturers for injuries related to a vaccine that was manufactured and labeled as per the FDA’s and HHS’s standards, despite the fact all vaccines hold an inherent risk for a subset of children and the NCVIA was specifically designed and written to: “work faster and with greater ease than the civil tort system”.
The justices making this decision have done so with the terribly misled and ignorant belief that families of vaccine injured children are, in fact, being compensated for their injuries while the reality is that a mere 1 out of five cases that even get to the vaccine court are successful. Adding insult to injury is the fact that a mere five to ten percent of actual vaccine injuries are even reported! With an egregious and completely unfair statute of limitations regarding vaccine injury claims already in place, parents had virtually no chance to be heard and their children had little chance for justice. This decision has placed the burden even more so on the families that were simply following the guidelines set by our government, a government obviously dedicated to the pharmaceutical companies and their bottom line profit margins as opposed to our children and their wellbeing.
With this decision comes the realization that our government gives grants and monies for the development of new vaccines, mandates said vaccines (eliminating a need for the pharmaceutical companies to “push” or advertise their products), demands vaccines for children enrolling in schools while offering little or no advice as to the side effects and the exemption availability, and protects the manufactures from any legal recourse if a child is injured as the result of this horrendous and demonic marriage between industry and government.
Justice Sotomayor, in her dissenting opinion, stated: “(T)he majority’s decision leaves a regulatory vacuum in which no one- neither the FDA nor any federal agency, nor the state and federal juries- ensures that vaccine manufacturers adequately take account of scientific and technological advancements. This concern is especially acute with respect to vaccines that have already been released and marketed to the public. Manufacturers, given the lack of robust competition in the vaccine market, will often have little or no incentive to improve the designs of their vaccines that are already generating significant profit margins. Nothing in the text, structure, or legislative history remotely suggests that Congress intended that result”.
In fact, I find it hard to believe that the Supreme Court actually sat in a chamber and discussed this opinion together! Justice Sotomayor’s dissenting opinion makes so much sense that there simply has to be a nefarious or at least dishonest and disingenuous reason for this travesty of justice! I find it perfectly plausible that this decision was based solely on the fear of lawsuits that would have erupted had this decision gone the way that it should have. Had justice prevailed, every parent of a vaccine injured child would have justifiably filed a lawsuit and would have sought damages and justice for their children. The Supreme Court was not going to allow that to happen, especially not in today’s economy. The pharmaceutical manufacturers were protected on February 22nd 2011, by a federal government that threw disabled American children under the bus.
This is why the “sleeping giant” must awaken. Americans must finally decide that enough is enough. When a government has gotten so corrupted that a bottom line takes precedence over the lives of our most vulnerable citizens, the time to take back what is ours is here. The Constitution of The United States of American, a document that I firmly believe to be divinely inspired, has been spit upon, trampled and now discarded like yesterday’s Wall Street Journal. This must be addressed now. All of our elected members of our government must be held accountable. We must find out exactly where they stand on this decision. What do they hold dear; their children and grandchildren, or the profit margins of pharma? If they stand by this reprehensible decision, all of their constituents must know that “Congressman Jones” hates disabled children. The decision to accept this treasonous act of the Supreme Court must cost them their jobs! The time for sitting back to see what’s on the tube tonight is over! Stand up and speak for those that cannot speak for themselves! Fight for the families that have little time for anything else but taking care of the children that the Supreme Court has turned their backs on! If you elect not to take action, shame on you. If this shameful act of cruelty by a once respected segment of our government hasn’t inspired you to take peaceful yet forceful action, you should lie down, curl up in a fetal position and kiss your ass goodbye, because you are already dead inside!
This is a shameful day for the American people and for once in my life I must say, I AM NOT PROUD TO BE AN AMERICAN. Love your country….fear your government.