October 20, 2014

New York Appeals Court: Federal Government Can Vaccinate Your Children Without Your Consent – Trumps State Laws

pin it button New York Appeals Court: Federal Government Can Vaccinate Your Children Without Your Consent   Trumps State Laws

pillars of a court house New York Appeals Court: Federal Government Can Vaccinate Your Children Without Your Consent   Trumps State Laws

Brian Shilhavy
Health Impact News

The Courthouse News Service is reporting about a case where a public health nurse inoculated kindergartner Madison Parker without her mother’s consent, and against her mother’s wish. The vaccination was Peramivir, in response to the H1N1 flu virus. The mother, Jennifer Parker, sued both the school district and the health department in St. Lawrence County Supreme Court in New York.

The state Supreme Court ruled against the health department, stating that the Public Readiness and Emergency Preparedness Act (PREP) “did not extend to a situation in which a governmental entity administered a drug without consent.” The health department appealed the decision and the Appellate Division concluded on Nov. 21 that PREP pre-empts state law claims, and overturned the decision.

According to Courthouse News, the decision stated that during a declared public health emergency, “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].”

Wow. So this court is basing, at least some of its judgment, on what they view as what “Congress intended….”

I don’t know if this decision will be appealed or not. But as it stands, this decision states that the Federal Government can trump any State Law during what it considers a “public health emergency” and then inoculate or give pharmaceuticals to children as young as kindergarten age, with no consent from the parents, all in the name of “public health safety.”

What is not even apparently addressed in this case, are the following key points (besides the obvious civil rights issue):

1. Was the H1N1 flu virus any more dangerous than previous seasons’ flu strains? (See: H1N1 Swine Flu Even Milder than Seasonal Strains)

2. Did the H1N1 vaccine conclusively offer protection from the H1N1 flu virus? ( See: New Study Exposes the “60% Effective” Flu Shot as 98.5% Useless)

3. Does the flu vaccine present risks, especially for young children? (See: Confirmed! Flu Vaccine INCREASES Risk of Serious Pandemic Flu Illness; & 4,250% Increase in Fetal Deaths Reported to VAERS After Flu Shot Given to Pregnant Women)

Mom Loses Suit Over Daughter’s H1N1 Vaccine

By MARLENE KENNEDY
Courthouse News Service

ALBANY, N.Y. (CN) – A mother who says public health officials in St. Lawrence County immunized her young daughter without her consent cannot sue, a New York appeals court ruled.

Upon declaration of a public health emergency, the federal Public Readiness and Emergency Preparedness Act pre-empts state tort claims, according to the six-page ruling from the Third Judicial Department of Appellate Division.

“We must presume that Congress fully understood that errors in administering a vaccination program may have physical as well as emotional consequences, and determined that such potential tort liability must give way to the need to promptly and efficiently respond to a pandemic or other public health emergency,” Justice Karen Peters wrote for a five-judge panel.

The St. Lawrence County Public Health Department had arranged a clinic at Lisbon Central School in December 2009 amid a new flu outbreak never previously identified in animals or people.

The K-12 school is in the rural northern New York town of Lisbon, not far from Ogdensburg and the Canadian border.

Federal and state officials declared a public health emergency in response to the H1N1 influenza virus outbreak and recommended administration of the vaccine Peramivir.

A public health nurse inoculated kindergartner Madison Parker even though her mother, Jennifer Parker, had not signed a parental consent form.

Jennifer Parker then sued the school district and the health department in St. Lawrence County Supreme Court, alleging that immunization without consent amounted to negligence and battery on her daughter.
The school district subsequently was dismissed as a defendant because a cause of action was not stated. But the court declined to dismiss the claim against the health department, which had cited the Public Readiness and Emergency Preparedness Act, known as PREP, and argued that federal pre-emption created a lack of subject matter jurisdiction.

It appealed when the court found the PREP protections did not extend to a situation in which a governmental entity administered a drug without consent.

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.

The St. Lawrence County attorney, Michael Crowe, argued for the health department. Mathew Duprey, of Lekki, Hill, Duprey & Bhatt in Canton, represented Parker.

Anisha Dasgupta of the U.S. Attorney’s Office for the Northern District and Allyson Levine of the New York Attorney General’s Office filed amicus briefs supporting the health department.

Source: http://www.courthousenews.com/2012/12/03/52769.htm

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Last month (September 2014) the Massachusetts Nurses Association sued Brigham and Women’s Hospital over a new policy that required nurses to receive the annual flu vaccine as a condition for employment.

The nurses were, of course, criticized by the medical establishment. They were accused of putting their own interests above the needs of patients. Lynn Nicholas, president of the Massachusetts Hospital Association, stated that the nurses were: “putting a pet peeve of theirs above the safety and well-being of the patients they serve, their families, visitors to the hospital, and their colleagues.”

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When nurses all across the United States and Canada are willing to sacrifice their jobs and careers to avoid the annual flu shot, it is time to sit up and take notice. This is obviously something much more than a “pet peeve.”

Trish Powers, representing Brigham nurses in Boston fired back a comment that The Boston Globe published. It is titled “Brigham nurses know flu vaccine can do harm.”

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The Gardasil vaccine has changed Skylee’s life in so many ways and we do not know how many more symptoms will show up and change her life even more than it has already done. Our whole family has been affected by this vaccine and all of our lives have been turned upside down that terrible day in 2013.

If only the doctors would recognize Skylee has gone from being a healthy young girl to an invalid when the only major change in her life occurred on the day she had that single shot of Gardasil.

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Will There Be An Ebola Outbreak in America?

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So here is what inquiring minds want to know:

Why did U.S. health officials in Atlanta and on the ground in Africa ignore the exploding Ebola epidemic last spring?

Why did U.S. government officials fly American aid workers infected with Ebola to the U.S. rather than treating them with experimental drugs at hospitals in Africa?

Why did the U.S. government press the United Nations to adopt a resolution calling for no restrictions on international travel from Liberia and other Ebola-stricken countries?

Why did the Centers for Disease Control, supposedly the world’s leading infection control agency, fail to immediately assist Texas health officials when the first case of Ebola was diagnosed on US soil to guarantee that, at a minimum, the kind of infection control measures used in most nursing homes in America would be carried out?

Why has the Director of the CDC repeatedly stated that the only way a person can transmit Ebola is if they have a fever and said that people cannot get Ebola unless they have direct contact with the body fluids of an infected person – but that under no circumstances is Ebola airborne – when he knows, or should know, those statements could be false?

And why are experimental Ebola vaccines being fast tracked into human trials and promoted as the final solution rather than ramping up testing and production of the experimental ZMapp drug that has already saved the lives of several Ebola infected Americans?

A logical conclusion is that some people in industry, government and the World Health Organization did not want the Ebola outbreak to be confined to several nations in Africa because that would fail to create a lucrative global market for mandated use of fast tracked Ebola vaccines by every one of the seven billion human beings living on this planet.

Similarities Between 1976 Swine Flu Hoax and Ebola?

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Read this before you consider purchasing a hazmat suit to protect yourself from Ebola!

Are we facing an Ebola pandemic that will kill millions, or is this just a marketing plan of the pharmaceutical industry to sell more drugs and vaccines? Is the current strain of the Ebola virus a secret creation of pharmaceutical company scientists, biological warfare researchers, or the fruit of Monsanto’s product development team?

Was Ebola created, or did it just accidentally spill over into humans from an animal host such as African fruit bats?

Is the US government intentionally not taking strong action to prevent Ebola from spreading or is there really minimal risk to Americans? Are there groups that want to decrease the world population through spreading contagious diseases such as Ebola, or is this just another imaginary plan that is being reported by certain conspiracy theory groups?

Is the Ebola virus a local epidemic, a global pandemic, or a hoax? Is life in America as we have known it about to collapse into chaos and martial law, or will we be safe and secure once we take the Ebola vaccine?

Will more people die from the Ebola vaccine than would have died from the disease itself?

All these questions have been circulating through the media over the last few months. The situation with Ebola is certainly a complex muddle of contradictory facts, opposing interpretations, and political intrigue. It reminds me very much of the 1976 Swine flu hoax — commonly called the swine flu fiasco or the swine flu debacle. More:

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It’s flu season again, and the push to get everyone in America vaccinated for the flu vaccine is in full swing. Please be aware that those who want you to receive the flu vaccine admittedly do not want you to know about the risks associated with the vaccine. They actively try to suppress information that would educate people on the dangers and risks of the flu vaccine and decrease their sales.

To hear the other side of the vaccine debate from a medical doctor the media would like to censor, please watch the video by Dr. Suzanne Humphries here: Dr. Suzanne Humphries on Vaccine Safety: “They Don’t Want You to Hear the Other Side”

Secondly, please look at the settled cases for vaccine injuries and deaths due to the flu vaccine the U.S. government pays out to victims: Flu Vaccine is the most Dangerous Vaccine in the U. S. based on Settled Cases for Injuries. This information is not published in the mainstream media.

This year, there is a heavy push on to give kids the nasal flu vaccine. Celeste McGovern, writing for GreenMedInfo.com, gives 6 reasons why she will not be giving this vaccine to her children.

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