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URGENT Stop Government - Saying No To Pharma Shield

Posted: Thu Dec 15, 2005 6:30 pm
by Sheri Nakken
E-NEWS FROM THE NATIONAL VACCINE INFORMATION CENTER
Vienna, Virginia http://www.nvic.org

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UNITED WAY/COMBINED FEDERAL CAMPAIGN
#8122
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"Protecting the health and informed consent rights of children since 1982."

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BL Fisher Note:

It is the eleventh hour. Senators Burr and Frist are making deals with drug
companies behind closed doors to give drug companies a free pass in the
judicial system whenever experimental vaccines kill and injury American
citizens they can be forced to use in a government declared "emergency."
Drumming up fear and anxiety in Congress and the public by exaggerating the
immediate threat of a bird flu pandemic, Burr and Frist are busy destroying
the Seventh Amendment to the Constitution, which guarantees citizens the
right to a day in civil court in front of a jury of their peers. The tactic:
attach liability protection to the Department of Defense (DOD)
Appropriations bill now being crafted that both Democrats and Republicans
will have a hard time voting against while U.S. soldiers are still dying the
Iraq. A vote on the DOD Appropriations bill could take place in the Senate
and House at any time this week.

WHAT YOU CAN DO: Call your Senator and Congressperson at 202-224-3121. Go to
www.Senate.gov to find out the name of your Senator. Go to www.House.gov to
find out the name of your Congressperson.

IF YOU LIVE IN ONE OF THE FOLLOWING STATES: Mississippi, Alaska,
Pennsylvania, New Mexico, Missouri, Kentucky, Alabama, New Hampshire, Texas,
Montana, Hawaii, West Virginia, Vermont, Iowa, North Dakota, Illinois,
Nevada, California, Maryland, Massachusetts, Maine, Michigan, Rhode Island,
Arizona or South Carolina, IT IS VERY IMPORTANT THAT YOU CONTACT YOUR
SENATOR.

MAKE YOUR VOICE HEARD. STAND UP AND FIGHT FOR YOUR CIVIL RIGHT TO GO TO
COURT I FYOU OR YOUR CHILD ARE HARMED BY VACCINES AND YOUR HUMAN RIGHT TO
BE FULLY INFORMED ABOUT VACCINE RISKS AND MAKE A VOLUNTARY CHOICE ABOUT
WHETHER TO TAKE THAT RISK FOR YOURSELF OR YOUR CHILD.

http://www.usatoday.com/news/washington ... tion_x.htm
USA Today

Posted 12/14/2005 11:38 PM

Senate provision would inoculate vaccine makers
By Andrea Stone, USA TODAY

WASHINGTON - Flu vaccine makers would be shielded from lawsuits under
sweeping language Senate Republicans hope to slip into a bill before
Congress adjourns for the year, a move that has sparked outrage from
Democrats and consumer advocates.
A vote could come as early as Friday, said Amy Call, a spokeswoman for
Senate Majority Leader Bill Frist, R-Tenn., the plan's chief supporter.
Frist hopes to insert the provision into a must-pass defense bill.

Medical experts fear that a fast-spreading avian flu strain, known as H5N1,
could trigger a pandemic flu outbreak should it develop the ability to
spread easily from person to person. President Bush has requested $7.1
billion to help detect and respond to pandemic flu and help states prepare
response plans.

It is unclear whether Congress will act on the Bush request, which includes
the liability provision, this year.

Details of the vaccine liability plan were still being worked on Wednesday.
One version would allow patients harmed by flu vaccines to sue drug
companies and distributors for damages only if they can prove willful
misconduct.

Sen. Edward Kennedy, D-Mass., and watchdog groups such as Public Citizen say
that standard is too high and would effectively bar compensation to victims.
They say the measure is so broad that it could apply to virtually any drug
used to treat "epidemics," which could include such conditions as diabetes.

They contend that the federal government already has the power to protect
drug companies and that patients harmed by flu vaccines should be treated
the same as those injured by vaccines for measles, chicken pox and other
childhood diseases. A federal "no-fault" program that went into effect in
1988 offers compensation for patients injured by childhood vaccines and is
funded by a tax on every dose of the covered vaccines that are purchased.

Jillian Aldebron, a spokeswoman for Public Citizen, said that if the vaccine
liability proposal had been law in 1976, 4,000 people who became ill after
taking the swine flu vaccine would have had no recourse to seek
compensation. Neither would military personnel and first responders who
suffered heart attacks and other problems after taking smallpox vaccine in
2003, she said.

"They are trying to insert this outrageous giveaway to the drug industry ...
without public scrutiny or debate," Kennedy said. "Congress should reject
any backroom deal that gives a free pass to companies that act irresponsibly
or denies fair compensation to injured patients."

Call, Frist's spokeswoman, said the proposal offers "very targeted, very
limited liability protection" to drug companies. Supporters such as Sen.
Judd Gregg, R-N.H., say it is essential to spur production of vaccine before
a possible pandemic flu outbreak.

"We have heard in no uncertain terms that this is a show stopper for the
(drug) industry," said Bruce Gellin, director of the national vaccine
program office at the Department of Health and Human Services. "This is a
new vaccine, and because of that, they feel uncomfortable" producing it
without liability protection.

Gregg cited fear of lawsuits as a reason why only four companies are
producing flu vaccines today compared with 25 two decades ago. "Nobody's
going to take the risk of running into the trial lawyers," he said.

"We would not produce pandemic vaccine without liability protection," said
Len Lavenda, a spokesman for Sanofi Pasteur, a U.S. subsidiary of France's
Sanofi-Aventis, the world's No. 3 drug company. Without immunity, he said,
"it could destroy the company"- one of four that has contracts to produce a
vaccine for the H5N1 virus.

The pharmaceutical industry has spent more than $800 million in lobbying and
campaign contributions since 1998, according to the Center for Public
Integrity, a watchdog group.

Though drug companies donate to candidates in both political parties,
several Republican lawmakers pushing the liability measure have received
significant contributions from vaccine manufacturers.

GlaxoSmithKline gave Sen. Richard Burr of North Carolina more than $31,000
for his Senate campaign last year, according to the Center for Responsive
Politics, which tracks campaign contributions. The company, which is
developing a pandemic flu vaccine, gave more than $10,000 to Sen. Mike Enzi,
R-Wyo., in 2002. Pfizer, Merck and other drug companies gave Gregg nearly
$190,000 for his re-election bid last year, according to the center.

When Frist ran for his second term in 2000, he got more than $260,000 from
the pharmaceutical industry. Two years later, he came under fire for
slipping a provision into a homeland security bill that would have protected
Eli Lilly from liability over the vaccine preservative thimerosal, which has
been linked to autism in children by parent and advocacy groups. The measure
was repealed in January 2003 amid a public uproar.

The drug companies "are political players, and this is part of their
agenda," said Larry Noble, executive director of the Center for Responsive
Politics.
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Sheri Nakken, R.N., MA, Classical Homeopath
http://www.nccn.net/~wwithin/vaccine.htm