by Brian Shilhavy
Editor, Health Impact News

In 2017, Health Impact News reported that the Informed Consent Action Network (ICAN), supported by 55 organizations, representing over 5 million people, had taken the unprecedented step of serving a notice to Mr. Don Wright, M.D., M.P.H., who was the acting secretary of the Health and Human Services (HHS) department at the time, stating that HHS had failed in their duty to conduct the proper scientific research required to demonstrate vaccine safety as was required by law and that they should take immediate action to remedy this negligence.

See:

55 Organizations Representing 5 Million Serve Legal Notice to HHS for Failure to Conduct Vaccine Safety Tests: Civil Action to Follow?

Last week (July, 2018), Del Bigtree interviewed Robert F. Kennedy Jr. on his program HighWire, announcing that they had filed a lawsuit against HHS for violating U.S. law on vaccine safety, and won.

Del Bigtree began this part of his show (see above beginning at about the 1h 22m 22s part of the show) by giving some background about their previous meeting with HHS:

So here’s what took place.

Bobby Kennedy and I and a group of people, as I pointed out, went to the National Institutes of Health (NIH) to meet.

It was set up by Donald Trump. We had the opportunity to talk to the heads of our health department and explain what issues we had.

We looked into the eyes… – staring right into their eyes, and they had no response to the lack of safety testing, to the fact that they don’t have a surveillance system – that their own surveillance system that we’re talking about, capturing vaccine adverse events, is in their own words, unreliable, because it only captures less than 1% of the total injuries which I have talked about over and over again…

59,711 reported injuries in 2016.

So, if we’re to take HHS’ word for it, people we were sitting across the table from, that means there could have been 5.9 million vaccine injuries in America in one year alone.

Does that mean the 432 deaths that were reported become 43,200 deaths? These were the conversations Bobby Kennedy and I and our team were having as we left that meeting.

How do we trust Health and Human Services?

1986 Vaccine Injury Compensation Act Gives Pharmaceutical Companies Immunity from Liability, BUT Requires Government to Conduct Vaccine Safety Tests

HHS report every 2 years

Mr. Bigtree then explained how vaccines are currently the only product in the U.S. market that are immune to lawsuits when they cause harm, due to the 1986 Vaccine Injury Compensation Act passed by Congress and signed into law by then President Ronald Reagan.

As a result, it was written into the law that HHS was responsible for overseeing vaccine safety and was to supply a report to Congress at least every 2 years.

In the “1986 Act” it clearly lays out that HHS is supposed to be putting a task force together at the National Institute of Health that is constantly going to be making better vaccines and HHS is going to oversee studies and testing because they have two jobs. Not just to end infectious disease, but to also end vaccine injury.

In the general it says this, “In the administration of this part, and other pertinent laws under the jurisdiction of the Secretary, this Secretary shall promote the development of childhood vaccines that result in fewer and less serious adverse reactions than those in the market on December 22, 1987 and promote the refinement of such vaccines.”

Also, “make or insure improvements in and otherwise use the authority of the secretary with respect to the licensing, manufacturing, processing, testing, labeling, warning, use instructions, distribution, storage, administration, field surveillance, adverse reaction reporting, and recall of reactegenetic lots , or batches of vaccines, or research on vaccines in order to reduce the risk of adverse reactions to vaccines.”

“Within two years after this signing declaration on December 22, 1987, and periodically thereafter, the Secretary shall transmit to the Committee on Energy and Commerce of the House of Representatives, and the Committee on Labor and Human Resources of the United States Senate, a report describing the actions taken pursuant to section A during the preceding two year period.”

Lawsuit Filed Against HHS

Mr. Bigtree then explains how HHS never replied to their requests to supply vaccine safety reports as required by law, which prompted them to file a lawsuit.

So here’s the lawsuit.

We had a FOIA (Freedom of Information Act) request from my non-profit, ICAN (Informed Consent Action Network). We submitted a FOIA request, simply looking for any sort of documents relating to the work done by HHS pursuant to this mandate by the 1986 law that would show us the work on surveillance, the work on safety testing they’ve done, and all of those.

We wanted to see every two-year report they gave Congress since 1987, thirty years ago.

We wanted to see thirty years of reports, that they were required to provide every two years to Congress to show they were making vaccines safer.

Well, they didn’t respond. We sent it over a year ago. They were supposed to respond in twenty days. A month later there was no response.

We kept saying, are you going to respond? A couple months later they didn’t respond.

So then we said we sent a “push.” We said we’re going to get upset, and we may even decide to file a case if you don’t respond to us.

Then they responded. Six months later they responded. And then we don’t hear anything again.

And so finally, we decided to have a law suit. A very simple lawsuit.

ICAN HHS Lawsuit

The lawsuit simply wanted to find out if and what you said every two years, and what you did. This was the whole thing. It lays out how after our meeting with HHS we were concerned. It lays out there being three ways that they can respond.

First, they can give us what we asked for in our FOIA request, all of the documents showing us the safety work on vaccines and the surveillance work and everything.

Or give us a credible explanation of why you can’t give that to us.

Or, lastly, tell us you don’t have anything and you have not done your job.

It went all the way to court.

HHS Settles Lawsuit: Admits They Failed to Conduct Vaccine Safety Testing and Oversight as Required by Law

HHS Admits failure to uphold law on vaccine safety

And they decided to settle.

This is called a court-ordered stipulation.

At the end of it they say that:

The department’s searches for records did not locate any records responsive to your request. The Department of Health and Human Services (HHS), Immediate Office of the Secretary (IOS) conducted a thorough search of its document tracking system and the Department also conducted a comprehensive review of all relevant indexes of HHS Secretarial correspondence records maintained at federal record centers that remain in the custody of HHS.

These searches did not locate records responsive to your request, or indicate that records responsive to your request and in the custody of HHS are located at Federal Records Center.”

We got nothing! Zilch, zippo, they pushed back, they didn’t even want to put this in writing.

And it’s signed for Informed Consent Action Network at the every end, yours truly, Robert F. Kennedy, Jr. One of the great environmental attorneys of our time, helped me with this lawsuit and now we have HHS admitting right here, as we’ve been reporting to you since the beginning of High-Wire, HHS has shirked its duty to make your vaccines safer, meaning, nobody is doing the safety testing.

If HHS isn’t doing it, which they admitted here, the no one is.

And the Congress hasn’t even demanded to see this report they’re supposed to be seeing every two years.

Where is President Trump Regarding Vaccine Safety?

Del Bigtree Robert Kennedy interview HHS lawsuit

Next, Del Bigtree interviews Robert F. Kennedy Jr., who is currently in San Francisco litigating against Monsanto regarding the cases of glyphosate causing cancer. (See: Judge: 300 Cases Against Monsanto Claiming Glyphosate Causes Cancer Can Continue)

Del Bigtree:

This is [the] first time I’m getting the opportunity to congratulate you on what we’ve just achieved by this order in the court of HHS, signing off on our request to show whether or not they are actually doing the safety studies and the things that they are required to do by the 1986 act.

So anyway, congratulations.

What I want to ask, Bobby, though, is people will say, so what’s the big deal? Health and Human Services signed some agreement through a court order, stating that they have no records of ever having referenced health and safety of vaccines to Congress.

So Bobby, what is the big deal?

Robert F. Kennedy Jr.:

Here’s the background, Del. When Congress gave economic immunity to the pharmaceutical industry for manufacturing and administering vaccines in 1986, they were removing any kind of economic incentive for those companies to actually maintain or improve, or guarantee the safety of vaccines.

Every other product has an incentive to make their product safe from manufacturing defects because they know that they can get sued by people who are injured.

But in this case, that check and balance was being removed.

So Congress, in order to remedy that gaping hole in economic incentives, assigned specifically to HHS the obligation to make sure vaccines were safe.

And one of the key parts of that obligation, and this is all in the 1986 act, one of the key pieces of that obligation was a mandate that every two years that HHS makes a safety profile of the vaccines htat it has approved, and that it informs Congress what it has done during those past two years to improve vaccine safety.

And we couldn’t find any record of any of those reports over the past 32 years.

So we sued HHS, we filed a FOIA request, they did not produce any documents. We sued them and they have now admitted they have never done any of that testing and they have never filed any of those reports.

And really, Del, what it shows is the lackadaisical, cavalier, the casual attitude of HHS has towards vaccine safety.

As you know, the vaccine industry and the [pharmaceutical] cartel has done an extraordinary job of kind of disabling all of the institutions in a democratic society that are intended to protect little children from greedy corporations.

So they have turned the regulatory agencies, FDA, HHS, and CDC into sock puppets and disabled Congress.

They’re now the biggest lobbying contributor to Congress. They’ve disabled the press by becoming essentially the biggest advertiser on the press.

They’ve disabled lawyers and the courts through VICA, which makes it illegal to sue a vaccine company, no matter of how grievous your injury, no matter how sloppy or toxic the ingredients are of those vaccines.

All those institutions that would normally protect a victim, a child, no longer exist.

And the only thing that’s left over is HHS’s scrutiny and vigilance.

And we absolutely rely on that and what HHS has admitted here is that there is no scrutiny. There is no vigilance. And of the course, the gravamen of their strategy has been to make sure that vaccines are never safety tested.

Most Americans don’t understand this, that prior to being licensed, every other pharmaceutical drug and product has to go through rigorous, randomized, double-blind, placebo testing.

Vaccines alone are immune from that.

So instead of five-year tests with true placebos, vaccines sometimes get only a few hours of safety testing or a few days.

And of course, that’s not long enough to spot the injuries with long incubation periods like autism, like ADHD, food allergies, auto-immune diseases.

Nobody could contend that you would ever see those injuries in a test that only lasts for four days.

You give an injection and you stop looking after the fourth day. And if the baby has a seizure on the fifth day, or they get an auto-immune disease three years later, or they’re diagnosed with autism four years later, essentially, in reality that never happened.

What HHS’s job has been is supposedly to test and develop a profile on those vaccines on their safety and report to the public and what we found is that in over thirty years they’ve never done it a single time.

Bigtree:

Bobby, you and I travel the country and talk about this, but we had the opportunity to meet with the head of the National Institutes of Health, luminaries of HHS, CDC, FDA, to present all of the things that you’re discussing.

In fact, it’s when we started talking about whether we might need to FOIA whether they’re doing their job at all, that was set up by Donald Trump.

And everywhere I go, people always ask, that was a great meeting, I think we pointed out the flaws, we continue to go around the country showing everybody exactly the points you made, that we made directly to the faces of the people who are causing this problem.

But the question is, where is Donald Trump? Are you still working with Donald Trump? We all saw you step in front of the cameras of CNN and say “I’m going to be heading a Vaccine Safety Commission.”

Where is that at? Where is Donald Trump? Is he continuing to help? Or what’s the truth right now?

Kennedy:

The White House, almost a year ago, cut off all communication with me and with our community.

So Donald Trump during the election said things that were very encouraging and that inspired a lot of hope, particularly with the parents of vaccine-injured kids, the mothers of the intellectually-disabled children who believe that it was vaccines that caused their child’s injury.

And there are a lot of those people out there and they are a very active and intense political community and Donald Trump won them over with his statements during that campaign.

After that campaign he asked me to run a Vaccine Safety Commission, but I think immediately he got blow-back from the pharmaceutical industry and we’ve seen the steps this administration has taken since that day, which is essentially to put pharmaceutical industry shills in charge of HHS and CDC and FDA and the other agencies that regulate vaccinations to cut off communication with our community.

And I think a lot of people who worked very hard for the President in that election now feel very let down and indeed betrayed.

Bigtree:

Do you think that, obviously you sat across from him in Trump Towers, you made these points[?] But it’s one thing to make these points and have speculation, we now have proof.

Is it time to get back in front of Donald Trump and say we have proof now and that the only government agencies that are going to protect us, the only place where safety studies are going to be done, have just admitted they are not doing their job?

Do you think this is time to reinvigorate this dialog with Donald Trump?

Or, what are our marching orders? Or, is it time to repeal the Vaccine Injury Compensation Act? Where do we go from here, Bobby?

Kennedy:

I don’t think the fact that now we have this settlement in a lawsuit where HHS has admitted it’s not doing the things it was Congressionally mandated to do in order to protect vaccine safety supply, although it would be devastating in most circumstances, and cataclysmic for an agency to do that, I don’t think with this particular administration that it’s going to make any difference.

We showed the proof to the President of the epidemic of chronic diseases is being caused by vaccines and that there are no safety testing, no genuine safety testing that takes place for any of the licensed vaccines in this country.

And that alone, for somebody who cares about children, or about the expenditures that we’re being forced to make, over a trillion dollars a year now, because of the epidemic of chronic diseases in the vaccine generation that was born after 1989 when the vaccine schedule exploded, is bankrupting our national health care system.

All of those things are very, very compelling evidence that the President had before him long ago, and I think this administration has made the decision that the pharmaceutical companies are a more important constituency than the children who are being injured by vaccines.

Bigtree:

But Bobby, look, outside of politics, and I say this all the time, this has blown up my politics.

Obviously, you come from one of the greatest democratic families, what hope do we have? It seemed like Trump wasn’t owned to begin with.

I know this isn’t technically a partisan issue, but it feels like [it], and you are one of the world’s greatest environmentalists.

Why are we having such a hard time getting through to environmentalists …when they’re admitting that autism appears to be an environmental issue? That it clearly is an environmental issue and while their may be some pre-determined genetic disposition, but what is more environmental than injecting toxins in children’s bodies?

Who do we have to get to, Bobby?

Why are we getting shut out on all sides? Where are the environmentalists?

Kennedy:

Well that’s a good question and the answer is the pharmaceutical cartel has been very, very adept at erecting vaccines as an almost religious orthodoxy.

And they’ve been able to capture the agencies, the press, these mechanisms that are normally supposed to protect us in a democracy, including a lot of the advocacy community. I think those of us who care about this issue are on our own.

But we have a lot of other mechanisms…and a lot of other weapons that we are now developing, including a number of legal approaches like this.

And this is the first in a barrage of legal approaches that we’ve devised, legal strategies that we believe will ultimately bring support to the parents, protect these children finally, and bring justice to the families of those who have been injured.

Here is the stipulated settlement. It is disappointing that the only victory is an admission of failure to uphold the law by HHS regarding vaccine safety, but Del Bigtree and Robert Kennedy were pleased with this result, and they hinted that much more legal action is pending:

Bigtree:

Bobby, it’s such an honor to get to work with you on this front. This is just the very first case, the very first step in moving towards the things we are working on behind the scenes….

Kennedy:

And you know, and I know, that we haven’t been able to talk about all of our legal strategies, but we now have a lot of different arrows in our quiver and this is the first one and it landed and hit home and we expect the other ones to make a larger and larger and larger impression as we go.

I’m very encouraged about our future.

Bigtree:

Me, too, Bobby. Thank you and go get Monsanto. Go and get relief for those people and let’s get that crap off of our food and I’ll see you soon.

A quiver full of legal remedies are being lined up, the bows are being pulled.

Bobby Kennedy, and I can tell you, a group of some of the most extraordinary lawyers in the world are lining up on pharma and this vaccine issue.

HHS, NIH, the government of the United States, we are setting our sights.

Comment on this article at VaccineImpact.com.

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