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Legal Immunity Set for Swine Flu Vaccine Makers is already in place before the new experimental swine flu vaccine comes rolling out.  

Department of Health and Human Services Secretary Kathleen Sibelius has not only given immunity to the makers of Tamiflu and Relenza for injuries stemming from their use against swine flu, she has granted immunity to future swine flu vaccines and “any associated adjuvants”.

The last time the government embarked on a major vaccine campaign against a new swine flu, thousands filed claims contending they suffered side effects from the shots. This time around, they will have no recourse.

The 2006 Public Readiness and Emergency Preparedness Act (the PREP Act) allows the DHHS Secretary to invoke almost complete immunity from liability for manufacturers of vaccines and drugs used to combat a declared public health emergency.  It also removes the right to a trial jury unless a plaintiff can provide clear evidence of willful misconduct that resulted in death or serious physical injury -- and gets permission to sue from the DHHS Secretary.

But once the PREP Act is invoked to shield manufacturers from liability, the pharmaceutical firms have no financial incentive to make the safest product, and have a negative incentive to test it for safety. As long as they do not deliberately harm consumers of the product, they will not be liable for damages.

As 120 million doses of H1N1 swine flu virus vaccine are being rushed  out before flu season this fall, some are raising concerns over what they believe is an effort to rush the drug through safety trials.

One concern is the probability that the mercury-containing preservative thimerosal will be an ingredient in some of the doses of the new vaccine. Another concern is also the new adjuvant Squalene, which has devastating side effects when injected into the bloodstream. Oil-based vaccination adjuvants like squalene have been proved to generate concentrated, unremitting immune responses over long periods of time.  Gulf War Syndrome (GWS) veterans received anthrax vaccines containing squalene. MF59 (the Novartis squalene adjuvant) was an unapproved ingredient in experimental anthrax vaccines and has since been linked to the devastating autoimmune diseases suffered by countless Gulf War vets. It is still not approved by the FDA.

A 2000 study published in the American Journal of Pathology demonstrated a single injection of the adjuvant squalene into rats triggered “chronic, immune-mediated joint-specific inflammation,” also known as rheumatoid arthritis.

The swine flu is officially being called a pandemic.  However, the word 'pandemic' only means that a new virus is spreading across the world. It says nothing about its level of physical danger. That level of severity, according to The World Health Organization, is only “moderate.” And they go on to say:

“On present evidence, the overwhelming majority of patients experience mild symptoms and make a rapid and full recovery, often in the absence of any form of medical treatment.

Worldwide, the number of deaths is small. Each and every one of these deaths is tragic, and we have to brace ourselves to see more. However, we do not expect to see a sudden and dramatic jump in the number of severe or fatal infections.”

The fact is that the swine flu has claimed a mere 429 lives WORLDWIDE (as of July 15), while the regular flu (not the swine flu) has allegedly killed 13,000 in the United States since January (although there is strong support that even these types of figures are grossly exaggerated to increase vaccine sales).

As it stands, the run-of-the-mill  flu is FAR more dangerous than the swine flu, and you were likely not worried about the regular flu before the media started hyping up this exotic new "killer flu."  They sure know how to push our buttons.

Just like in 1976, today there is clearly a lot of fear-mongering going on that has a noticeable subplot -- preparing you for possible draconian measures by forcing you to accept the idea of mandatory vaccinations.

This is not the time to fall for hype. These public scare-tactics are designed to make money, not protect your health.  Do your research.  Evaluate your individual risk.  Think for yourselves.  Ask to read the vaccine insert. And remember, these vaccines also come with toxins, including ethylene glycol, formaldehyde, phenol (carbolic acid) and even antibiotics like Neomycin and streptomycin. Right into your bloodstream.

As long as this vaccine is not made mandatory, you have a choice.  Make sure you inform yourself.

Originally posted to Lindsayvalley on Thu Aug 20, 2009 at 08:33 AM PDT.

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Comment Preferences

  •  There is an urgent need for this vaccine (0+ / 0-)

    but I think it's bullshit that vaccine makers get total immunity like this.

    I don't think you're going to get a whole lot of love for this diary here, though.  People don't take kindly to diaries that are perceived as anti-vaccine.

    "It is what it is."

    by coquiero on Thu Aug 20, 2009 at 08:46:09 AM PDT

  •  Warning, attempted diary hijack... (0+ / 0-)

    This same issue comes up with nuclear power genertion - requiring the whole cost of the potential legal liability due to an accident being insured against make the cost of nuclear power plants prohibitive.

    What do we do? As long as legal liability insurance for vaccines and nuclear power plants is so expensive, it makes further development difficult. Absolving industry of liability seems like pretty bad policy. So, we will continue to muddle along with both of these industries stuck in terribly defensive postures when it comes to development.

    I voted with my feet. Good Bye and Good Luck America!!

    by shann on Thu Aug 20, 2009 at 08:54:25 AM PDT

  •  Ignorant diary (4+ / 0-)

    There's always been a limited immunity for all vaccine manufacturers.  Vaccines are also not injected into the bloodstream, but subcutaneously or intramuscularly.  Thimerosol has not been used as a vaccine preservative for years.  The actual exposure to any of the other chemicals is minimal at best - you are more exposed by checking your car's coolant or simply living in most modern buildings.  

    I think that I have had enough of you telling me how things will be. Today I choose a new way to go ... and it goes through you!

    by Norbrook on Thu Aug 20, 2009 at 09:02:11 AM PDT

    •  Not to be argumentative (2+ / 0-)
      Recommended by:
      Catte Nappe, Geary

      but thimerosal is still used in flu vaccines.

      If you are going to ding someone on their factual accuracy, you should be accurate in yours.

      CDC-seasonal flu Q & A

      "It is what it is."

      by coquiero on Thu Aug 20, 2009 at 09:29:30 AM PDT

      [ Parent ]

      •  actually (2+ / 0-)
        Recommended by:
        coquiero, bensdadjohn

        whereas thimerosal has been shown not to be associated with harm (different than"proven safe"), it is in multi vial flu vaccine.

        However, and this is important:

        1. children's swine flu vax will be individual dose, no thimerosal
        1. at the current time, there are NO plans for adjuvant (squalene, alum, MF59 or anything else) in the vax.

        Adjuvants are a safety question, simply because they've not been thoroughly studied with all the combos that are possible (manufacturer A's adjuvant with manufacturer B's antigen). But they are not an issue for this fall because they are not in the vaccine.

        "Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies." - Groucho Marx

        by Greg Dworkin on Fri Aug 21, 2009 at 07:04:02 AM PDT

        [ Parent ]

      •  also (1+ / 0-)
        Recommended by:

        CDC is reporting today than there have been no safety questions arising from ongoing trials.

        Separate adjuvant trials will begin in September to begin to answer adjuvant questions but vaccine will not contain adjuvant at this time.

        "Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies." - Groucho Marx

        by Greg Dworkin on Fri Aug 21, 2009 at 09:27:30 AM PDT

        [ Parent ]

  •  Whether Legal Immunity..... (4+ / 0-)

    .....Is a good idea or not, is open to debate.

    However, Squalene is produced by humans naturally. It is an organic compound that's manufactured by our livers, and circulated in our bloodstreams.

    From the World Health Organization:

    What is known about the safety of squalene in vaccines?

    • Twenty two million doses of Chiron's influenza vaccine (FLUAD) have been administered safely since 1997. This vaccine contains about 10mg of squalene per dose. No severe adverse events have been associated with the vaccine. Some mild local reactogenicity has been observed.
    • Clinical studies on squalene-containing vaccines have been done in infants and neonates without evidence of safety concerns.

    Why do some people think squalene in vaccines carries a risk?

    • A few people have tried to link the health problems of Gulf War veterans to the possible presence of squalene in the vaccines these soldiers received.
    • One published report suggested that some veterans who received anthrax vaccines developed anti-squalene antibodies and these antibodies caused disabilities.
    • It is now known that squalene was not added to the vaccines administered to these veterans, and technical deficiencies in the report suggesting an association have been published.

    In fact, four independent civilian panels considered allegations related to squalene and anti-squalene antibodies, and concluded that the 2000 ASA study "contains shortcomings, some serious, that combine to invalidate the authors’ conclusions."

    Also, with the Anthrax Vaccine, the Centers for Disease Control (CDC) reported that from 1990 to 2000, more than 1,859,000 doses of anthrax vaccine were distributed in the United States. During that decade, 1,544 adverse events (.08% of total doses) were reported to the Vaccine Adverse Event.

  •  On the other hand . (1+ / 0-)
    Recommended by:

    They are asked to make this vaccine in a hurry .
    They are not given time to study what it does to people in proper studies . There is a risk that what they are asked to make will have a flaw/s that causes people problems .
    What the vaccine makers start with is given to them ,
    they are given a type of bug to work with .
    I believe that they are told what can and can not be in the vaccine by the people who order up the vaccines .
    Also , the vaccine they produce should be tested by the government to see if the vaccine is contaminated or not . It the vaccine is what was ordered up and does not fail the contamination tests , why would you risk destroying the vaccine makers via law suits ? We need them to keep on making flu vaccines for next years flu and all the following years .

    Or , if you were in charge how would you run the vaccine ordering / production system so that there were fewer problems ?

    "In Switzerland, only nonprofit insurers may participate."

    by indycam on Thu Aug 20, 2009 at 09:49:03 AM PDT

  •  Oh, god, you are back? (1+ / 0-)
    Recommended by:

    With more disinformation.  Please don't make this a habit.

    The manufacture of vaccines is so unprofitable, and such a giant regulatory pain in the ass, and lying anti-science assholes are making lunatic false claims, that pharmas try very hard to get out of this business.

    The only way to keep them from abandoning this, and the subsequent collapse of the public health, is to use the Vaccine Court mechanism.  

    Way to distort.

    Are you also so dangerous as to withhold antibiotics from your kids?  Did you also remove their lives like I suggested the other day--that will keep the squalene down.  

    And I'm sure you have since dumped all your olive oil, right?

    Darwinic pilgrims claim the image fills them with an overwhelming feeling of logic. --The Onion

    by mem from somerville on Thu Aug 20, 2009 at 12:10:10 PM PDT

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