Vaccine Manufacturers Violated Legal Requirements for Immunity from Injury Liability
Sun 10:26 am +00:00, 26 Dec 2021Weaponized NIH and DARPA Owned Spike Protein Transferred to Vaccine Manufacturers in Plot to Make a Biological Weapon a Commercially Used Vaccine (Dr Martin Proposed Indictments)
Vaccine Manufacturers Violated Legal Requirements for Immunity from Injury Liability.
Weaponized NIH and DARPA Owned Spike Protein Transferred to Vaccine Manufacturers in Plot to Make a Biological Weapon a Commercially Used Vaccine
(Dr Martin Proposed Indictments)
Violation of H.R.5546 – The National Childhood Vaccine Injury Act of 1986 That Shields Vaccine Manufacturers from Liability
Vaccine Manufacturers were Granted Immunity from Liability –
UNDER THE CONDITION THAT ACCURATE REPORTING OF ADVERSE EVENTS WAS MAINTAINED
PHARMACUETICAL COMPANIES HAVE NEVER MET THESE REQUIREMENTS AND HAVE FAILED MISERABLY
(THIS FACT ALONE PROVES VACCINE MANIFACTURERS HAVE NO LEGAL RIGHT TO IMMUNITY FROM LIABILTY)
REAGAN SIGNS BILL ON DRUG EXPORTS AND PAYMENT FOR VACCINE INJURIES
https://www.nytimes.com/1986/11/15/us/reagan-signs-bill-on-drug-exports-and-payment-for-vaccine-injuries.html
Mr. Reagan said he had approved the bill ”with mixed feelings” because he had ”serious reservations” about the vaccine compensation program.
However, he said there were ”substantial deficiencies” in the vaccine plan, under which injured people could obtain payments from the Government without proving fault or wrongdoing by the vaccine manufacturer or anyone else.
The program would be ”administered not by the executive branch, but by the Federal judiciary,” Mr. Reagan said, calling it an ”unprecedented arrangement” that was inconsistent with the constitutional requirement for separation of powers among the branches of the Federal Government.
Mr. Reagan’s action came after heavy lobbying in favor of the bill by a broad-based coalition including drug companies, physicians and groups representing children and the elderly. Agency Had Urged Veto
The Justice Department had urged a veto of the bill because of its objections to the new system of compensating people injured by vaccines. But Vice President Bush, Commerce Secretary Malcolm Baldrige and Dr. Otis R. Bowen, Secretary of Health and Human Services, urged Mr. Reagan to sign it, as did James A. Baker 3d, Secretary of the Treasury.
(That should Tell You Everything You Need To Know)
H.R.5546 – National Childhood Vaccine Injury Act of 1986
99th Congress (1985-1986)
https://www.congress.gov/bill/99th-congress/house-bill/5546
Part B: Additional Remedies – Sets forth procedures under which the person who filed a petition for compensation under the program may elect to file a civil action for damages.
Provides that no vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death: (1) resulting from unavoidable side effects; or (2) solely due to the manufacturer’s failure to provide direct warnings. Provides that a manufacturer may be held liable where: (1) such manufacturer engaged in the fraudulent or intentional withholding of information; or (2) such manufacturer failed to exercise due care. Permits punitive damages in such civil actions under certain circumstances.
Part C: Assuring a Safer Childhood Vaccination Program in the United States – Requires each health care provider who administers a vaccine listed in the Vaccine Injury Table to record certain information with respect to each such vaccine. Requires each health care provider and vaccine manufacturer to report certain information to the Secretary.
Requires the Secretary to develop certain vaccine information materials for distribution to the legal representatives of any child receiving a vaccine listed in the Vaccine Injury Table.
Sets forth recordkeeping and reporting requirements for vaccine manufacturers. Imposes civil and criminal penalties for destroying, altering, or concealing any such report or record.
Part D: General Provisions – Allows any person to commence a civil action against the Secretary where the Secretary allegedly has failed to perform a duty under this Act. Provides for judicial review of the Secretary’s regulatory actions in a court of appeals of the United States.
Directs the Secretary to study the risks to children associated with each vaccine listed in the Vaccine Injury Table and establish guidelines respecting the administration of such vaccines. Directs the Secretary to periodically review and revise such guidelines.
Directs the Secretary to review the warnings, use instructions, and precautionary information presently used by manufacturers of vaccines listed in the Vaccine Injury Table. Directs the Secretary to require manufacturers to revise and reissue any warning, instruction, or information found inadequate.
Grants the Secretary recall authority with respect to any licensed virus, serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, or other licensed product which presents a danger to public health. Establishes civil penalties for recall violations.
The National Childhood Vaccine Protection Act of 1986 Established Mandatory VAERS Reporting
Vaccine Manufacturers Are Required to Keep Accurate Reporting of Injuries and Deaths on the (VAERS) Vaccine Adverse Event Reporting System https://vaers.hhs.gov/
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“The Vaccine Adverse Events Reporting System (VAERS) is a national early warning system to detect possible safety problems in U.S.-licensed vaccines. VAERS is co-managed by the Centers for Disease Control and Prevention (CDC) and the U.S. Food and Drug Administration (FDA). VAERS accepts and analyzes reports of adverse events (possible side effects) after a person has received a vaccination. Anyone can report an adverse event to VAERS.”
“U.S. Department of Health and Human Services (HHS) hosts the Program, conducts medical reviews of petitions, and makes Court-ordered compensation payments;
U.S. Department of Justice (DOJ) represents HHS in Court; and U.S. Court of Federal Claims (the Court) makes the final decision regarding whether a petition is compensated and the type and amount of compensation.”
“Unavoidably unsafe products: There are some products which, in the present state of human knowledge, are quite incapable of being made safe for their intended and ordinary use. These are especially common in the field of drugs. An outstanding example is the vaccine for the Pasteur treatment of rabies, which not uncommonly leads to very serious and damaging consequences when it is injected. Since the disease itself invariably leads to a dreadful death, both the marketing and the use of the vaccine are fully justified, notwithstanding the unavoidable high degree of risk which they involve. Such a product, properly prepared, and accompanied by proper directions and warning, is not defective, nor is it unreasonably dangerous.”
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But there are No Legal Sanctions for Doctors Failing to Report Vaccine Adverse Events to VAERS.
This has allowed Rampant Corruption in the Vaccine Industry and the Regulatory Agencies who are Not Providing Protection and Oversight but are in fact Colluding in vast Criminal Operations.
Sadly, even though it has been a federal law for vaccine providers and vaccine manufacturers to report to VAERS for more than three decades, there are no legal consequences for failing to report. A 2011 federally funded study found that less than one percent of vaccine reactions that happen in the US are ever reported to VAERS. 29 That’s because Congress made it a federal requirement in the 1986 Act to report, but did not include legal penalties when vaccine companies or vaccine providers fail to report.
The result is that 99 percent of vaccine reactions, including injuries and deaths, which are taking place every day among the highly vaccinated US population, go unreported.
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The U.S. National Childhood Vaccine Injury Act does not stop people from suing vaccine manufacturers
SOURCE: America’s Frontline Doctors, Rizza Islam, Instagram, 15 Dec. 2020
CLAIM- “According to the 1986 National Childhood Vaccine Injury Act, you cannot sue a vaccine manufacturer if the vaccine has harmed and/or killed someone”
FALSE- It has been alleged that the National Childhood Vaccine Injury Act prevents people from suing a vaccine manufacturer for vaccine injuries. This is false, as the Act still permits individuals to pursue legal action against a vaccine manufacturer under certain conditions, for example, if the individuals reject the decision made by the vaccine court, or if a vaccine manufacturer has been shown to be negligent.
42 U.S. Code § 300aa–22 – Standards of responsibility
https://www.law.cornell.edu/uscode/text/42/300aa-22
Vaccines have now been proven to be the Direct Cause of Deadly and Life Long Injuries.
The mRNA Vaccine Approval was Granted Under Illegal Fraudulent Circumstances.
The Continued Use After the Vast Mass Deaths and Injuries IS CRIMINAL.
Conspiring to Use Vaccines Known to be DEADLY is INTENTIONAL GENOCIDE AND A CRIME AGAINST HUMANITY.
FRAUD / RACKETEERING / GENOCIDE
THE CRIMINAL CONSPIRACY OF COVID VIRUS/VACCINES
(Dr. Martin Proposed Indictments)
.JPG)
THE CRIMINAL CONSPIRACY OF COVID VIRUS/VACCINES
(Dr. Martin Proposed Indictments)
https://www.davidmartin.world/wp-content/uploads/2021/12/The-Criminal-Conspiracy-of-Coronavirus.pdf
.JPG)
Mr. Alex Azar, DEFENDANT
Dr. Anthony Fauci, DEFENDANT
Dr. Peter Daszak, DEFENDANT
Dr. Ralph Baric, DEFENDANT
FDA, DEFENDANT
CDC, DEFENDANT
NIAID, DEFENDANT
MODERNA, DEFENDANT
PFIZER, DEFENDANT
Every single Act, the declaration of the State of Emergency, the Emergency Use Authorization, the fraudulent face masks, the business closures, and the OSHA and CMS vaccine mandates are ALL admitted by the conspirators to be acts to coerce the population into taking a vaccine. Further, these acts disrupted the democracy of the United States of American and resulted in the violation of 18 USC § 2384. The conspirators announced it in 2015, then prepared the pathogen in 2016, and laid out the terror campaign in September 2019. And now they profit from the death of Americans
Count 1: 18 U.S.C. § 2331 §§ 802 – Acts of Domestic Terrorism resulting in death of American Citizens
Count 2: 18 USC § 2339– Conspiring to Commit Acts of Terrorism
Count 3. 15 U.S.C. §1-3 – conspiring to criminal commercial activity
Count 4. 18 USC § 175 – Funding and Creating a Biological Weapon
Count 5. 15 U.S.C. §8 – market manipulation and allocation
Count 6. 18 U.S.C. § 1001 – lying to Congress
Count 7. 15 U.S.C. § 19 – interlocking directorates
Count 8. 18 U.S. Code § 2384 – Seditious conspiracy
To finalize the nature of the racketeering and anti-trust criminal conspiracy, when it came time to commercialize the NIH and DARPA owned spike protein and pass it off as a “vaccine”
(in conflict with the standard for vaccines in statutory and scientific application),
the Operation Warp Speed contract was awarded to DoD contraction ATI,
a subsidiary of ANSER. In a graph reminiscent of the anti-trust hearings at the formation of the Clayton Act in the early 20th century, the identity of the interlocking conflicts of interests are presented in graphic relief. It is with no surprise that the result of this price-fixing conspiracy was the enrichment of the conspiring parties and the harm of consumers.
AT 35 MINUTES INTO VIDEO, DR MARTIN EXPOSES HOW VACCINE MANUFACTURERS HAVE FAILED TO MEET LEGAL REQUIREMENTS FOR VACCINE INJURY LIABILITY IMMUNITY
Why Does Trump Keep Promoting the Vaccine? Man in America. Published Dec. 23, 2021
A visionary whose discoveries have treated numerous diseases. A global finance expert. A man who has brought powerful white-collar criminals to justice and invented life-changing medical technologies. These all describe my guest today: Dr. David Martin, PhD.
Why does this man who has worked so closely with Congress think that COVID-19 wasn’t a freak act of nature or lab leak, but a plot years in the making? What criminal patterns has he seen before that are showing themselves again on the world stage?
But most importantly of all, I want to ask him the question on everyone’s minds: Why is President Trump continuing to push the vaccine even as people keep having adverse reactions? What’s really going on?
Support and follow David here:
https://www.davidmartin.world/
https://www.fullyliveacademy.com/
TOP VAERS DATA ANALYST REVEALS FRAUD IN THE REPORTING SYSTEM-THOUSANDS DEAD FROM THE VAXX? 6-21-24
An interview with Albert at WelcomeTheEagle88. How and why the numbers are so under reported. What they are doing with what if feel is intentional criminal intent.
CDC REMOVES 150K DEATHS FROM VAERS SYSTEM – VACCINE GENOCIDE
CDC CVaers deaths are no longer in the database when they once were. Evidence of Covid vaccine injuries:
https://drive.google.com/file/d/1gVLI6Y6e5mDfu0_7qc0Ozw1GkM69-CIC/viewAUGHT
SHAVING DEATHS FROM THE VAERS SYSTEM
(Selected From PDF Text Above)
Dr. David Martin:
Attorney General Document
https://www.davidmartin.world/wp-content/uploads/2021/12/The-Criminal-Conspiracy-of-Coronavirus.pdf
The Facts
According to 42 U.S. Code § 300aa–22, “No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings.”
In other words, companies that manufacture vaccines are not liable if someone has an allergic reaction or injury after being vaccinated.
However, individuals can file a petition with the National Vaccine Injury Compensation Program (VICP) administered by the U.S. Department of Health and Human Services (HHS) to receive compensation if they are found to have been injured by one of the vaccines covered by VICP. According to the Health Resources and Services Administration under HHS, “even in cases in which such a finding is not made, petitioners may receive compensation through a settlement.”
VICP, also known as “vaccine court” has been accepting petitions, also known as claims, since 1988, and has paid about $4.4 billion in overall compensation, according to CNBC.
Though VICP covers vaccines for diseases including human papillomavirus (HPV), measles, mumps, polio and seasonal influenza, it does not cover any COVID-19 vaccines.
In 2005, the Public Readiness and Emergency Preparedness Act (PREP) was created to protect from liability pharmaceutical companies that make or distribute vaccines unless there is “willful misconduct” by the company.
HHS Secretary Alex Azar invoked PREP in February in response to the pandemic, declaring COVID-19 to be “a public health emergency warranting liability protections for covered countermeasures.”
This means that companies like Moderna and Pfizer are protected from lawsuits regarding their COVID-19 vaccines until 2024.
According to CNBC, “You also can’t sue the Food and Drug Administration for authorizing a vaccine for emergency use, nor can you hold your employer accountable if they mandate inoculation as a condition of employment.”
However, the PREP Act also created the Countermeasures Injury Compensation Program (CICP), which provides benefits to people who claim that they suffered injuries from vaccines under emergency authorization.
There are a few key differences between VICP and CICP.
The Associated Press reported that VICP has paid much more in compensation than CICP has. Only 29 out of 499 people who made claims under CICP received compensation.
Since the late 1980s, VICP has provided $4.4 billion in total compensation, with an average of $570,000 per claim. Since 2005, CICP has provided petitioners, who mostly made claims about the H1N1 swine flu vaccine, $6 million in compensation, with an average of $200,000 per claim. According to the Associated Press, “payments in most death cases are capped at $370,376″ for CICP.
VICP allows individuals to make claims within three years of their first symptom. CICP, on the other hand, allows petitioners only one year from the date of vaccination.
CICP doesn’t pay fees for lawyers or expert witnesses or provide awards for suffering or damages; VICP does. VICP also permits appeals all the way to the Supreme Court.
In other words, people who make claims about injuries or allergic reactions to either of the COVID-19 vaccines have less time to make their petitions than people who have filed claims for injuries from vaccines related to the measles or the flu. They also are less likely to receive compensation for injuries from COVID-19 vaccines, and if they do receive compensation, it likely will be a smaller amount.
Pharmaceutical companies are protected from liability regarding the COVID-19 vaccines. If someone has an allergic reaction or injury from one of the vaccines, they can petition to receive compensation from the Department of Health and Human Services’ (HHS) Countermeasures Injury Compensation Program (CICP).
The National Vaccine Injury Compensation Program (VICP), which also falls under the jurisdiction of HHS, has a better record of providing compensation to people who claim injury from a vaccine than CICP but covers vaccines for diseases such as polio and seasonal influenza, not COVID-19.
THE ABOVE STATEMENT IS TRUE “IF” VACCINE MANUFACTURERES ADHEAR TO ALL LEGAL REQUIREMENTS-
FACT-VACCINE MANUFACTURERES HAVE FAILED ON MANY ASPECTS TO MAINTAIN THEIR IMMUNITY STATUS.
42 USC 300aa-22 – Standards of Responsibility
https://law.onecle.com/uscode/42/300aa-22.html
(a) General rule
Except as provided in subsections (b), (c), and (e) of this section State law shall apply to a civil action brought for damages for a vaccine-related injury or death.
(b) Unavoidable adverse side effects; warnings
(1) No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings.
(2) For purposes of paragraph (1), a vaccine shall be presumed to be accompanied by proper directions and warnings if the vaccine manufacturer shows that it complied in all material respects with all requirements under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] and section 262 of this title (including regulations issued under such provisions) applicable to the vaccine and related to vaccine-related injury or death for which the civil action was brought unless the plaintiff shows—
(A) that the manufacturer engaged in the conduct set forth in subparagraph (A) or (B) of section 300aa–23(d)(2) of this title, or
(B) by clear and convincing evidence that the manufacturer failed to exercise due care notwithstanding its compliance with such Act and section (and regulations issued under such provisions).
(c) Direct warnings
No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, solely due to the manufacturer’s failure to provide direct warnings to the injured party (or the injured party’s legal representative) of the potential dangers resulting from the administration of the vaccine manufactured by the manufacturer.
(d) Construction
The standards of responsibility prescribed by this section are not to be construed as authorizing a person who brought a civil action for damages against a vaccine manufacturer for a vaccine-related injury or death in which damages were denied or which was dismissed with prejudice to bring a new civil action against such manufacturer for such injury or death.
(e) Preemption
No State may establish or enforce a law which prohibits an individual from bringing a civil action against a vaccine manufacturer for damages for a vaccine-related injury or death if such civil action is not barred by this part.
(July 1, 1944, ch. 373, title XXI, §2122, as added Pub. L. 99–660, title III, §311(a), Nov. 14, 1986, 100 Stat. 3773; amended Pub. L. 100–203, title IV, §4302(b)(1), Dec. 22, 1987, 101 Stat. 1330–221.)
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Last modified: October 26, 2015
NVIC co-founder and president Barbara Loe Fisher / National Vaccine Information Center
The National Childhood Vaccine Protection Act of 1986 Established Mandatory VAERS Reporting
Vaccine Manufacturer Immunity from Liability was Granted-
…continued
https://beforeitsnews.com/alternative/2021/12/vaccine-manufacturers-violated-legal-requirements-for-immunity-from-injury-liability-weaponized-nih-and-darpa-owned-spike-protein-transferred-to-vaccine-manufacturers-in-plot-to-make-a-biological-wea-3764186.html
