All parents should be concerned with the contents of various vaccines that are given to their children. That is common sense. Some manufacturers use some products and compounds that have been shown and proven to cause serious long term health side affects such as Mercury. It is better to err on the side of caution than take the vaccine if the end result is possible damage to the child's health down the road.
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...
Papamoka
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