Repeal the National Childhood Vaccine Injury Act: The Original Petition

As you, informed citizen, are likely aware, if you follow the machinations of the unholy marriage between state and pharmaceutical industry, Congress, in its infinite benevolence and wisdom, kindly granted in 1986 special protections to vaccine manufacturers not afforded before or since to literally any other industry: blanket legal immunity for damages caused to consumers.

From the National Childhood Vaccine Injury Act of 1986:

“Subtitle 2: National Vaccine Injury Compensation Program – Part A: Program Requirements – Establishes the National Vaccine Injury Compensation Program as an alternative remedy to judicial action for specified vaccine-related injuries.

Prescribes the contents of any petition for compensation.

Grants U.S. district courts authority to determine eligibility and compensation. Requires the district court in which the petition is filed to designate a special master to serve as an adjunct to the court. Sets forth the responsibilities of the court.

Lists factors to be considered when determining the amount of a compensation award. Sets forth a table of injuries deemed vaccine-related for compensation purposes. Permits the Secretary of Health and Human Services to: (1) promulgate regulations to revise such table; and (2) recommend changes to the vaccines covered by the table.

Provides that compensation awarded under the Program shall be paid out of the National Vaccine Injury Compensation Trust Fund. Limits awards for actual and projected pain and suffering and emotional distress to $250,000. Prohibits awards for punitive damages.

Establishes the Advisory Commission on Childhood Vaccines to: (1) advise the Secretary on the implementation of the Program; (2) recommend changes to the Vaccine Injury Table; and (3) recommend research priorities.

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.”

The argument in favor of the special treatment, which has been oft-repeated up until the present day by the industry and its water carriers, was that holding vaccine manufacturers accountable for the death and devastation they wrought on their customers, whom some might call less charitable their victims, exposed them to such great legal risk that they would simply stop producing vaccines if that standard held and millions of children would die of smallpox… or whatever.

The “we would kill so many people with your concoctions we wouldn’t be able to stay in business if we had to pay their families” is a curious plea indeed.

What’s more — as if, in effect, granting an industry carte blanche kill or maim whomever it pleases under the guise of sound Public Health™ policy weren’t sadistic enough — in order to gain access to public schools, worksites, and other resources necessary for participation on the society and economy, these products are often mandated.

In a finale affront to basic morality and common sense, the regulatory hurdles, such as they are, required in order to get these products to market in the first place are often rigged by the very same industry the regulators are meant to regulate — activity which constitutes a crime, namely fraud, that is almost never prosecuted.

The state-facilitated sadism is simply too great a burden for a people with any self-respect or self-preservation instincts to bear.

SIGN THE PETITION TO END IT