Fed Okays Vaccine Abuse of Kids
In upstate New York a mother refused to sign a consent form to have her kindergarten child vaccinated against an outbreak of H1N1. They vaccinated the child anyway. She sued and won in state court. Then in federal court that decision was overruled.
Health Impact News is reporting on the story.
The Appellate Division concluded on Nov. 21 that PREP pre-empts state law claims. PREP contains an express pre-emption clause stating that, during a declared public health emergency, “no state … may establish, enforce or continue in effect with respect to a covered countermeasure any provision of law or legal requirement that (A) is different from, or is in conflict with, any requirement applicable under this section; and (B) related to the … use, … dispensing or administration by qualified persons of the covered countermeasure,” Peters wrote.
A “qualified person” includes licensed health professionals, and liability protections in pandemics “are specifically provided for” in PREP, she added.
“Considering the breadth of the preemption clause together with the sweeping language of the statute’s immunity provision, we conclude that Congress intended to preempt all state law tort claims arising from the administration of covered countermeasures by a qualified person pursuant to a declaration by the Secretary [of Health and Human Services],” the decision states.
The justices said they were “unpersuaded” by Parker’s claim that immunity under PREP did not extend to anyone administering a drug without consent.
“The immunity provisions of the PREP Act are triggered where, as here, the vaccines are purchased pursuant to a federal contract or agreement,” Peters wrote.
PREP also created the Countermeasures Injury Compensation Program, which handles claims by individuals who suffer adverse reactions to devices, medications or therapies that have been recommended for use in public health emergencies, the decision notes.
Peters further noted that separate federal causes of action exist for wrongful death or serious physical injury resulting from misconduct by licensed health professionals.
“The provision of these exclusive federal remedies further supports our finding of preemption,” she wrote.
Since a federal cause of action is “the exclusive remedy” under PREP, “the complaint must be dismissed for lack of subject matter jurisdiction,” the decision states.
That my friends is child abuse with government approval. I would urge the mother of this child to appeal to the SCOTUS. Big brother does not have the right to abuse your child.
Thank you Sonia B. for the news tip...