The Pharmaceutical Companies Have a Financial Incentive to Make Their Vaccines Injurious [Article From 6/1/22]

Congress passed the National Vaccine Injury Act (NVIA) of 1986, which granted immunity to the pharmaceutical companies for injuries caused by the vaccines they manufactured. As explained by the U.S. Supreme Court in Bruesewitz v. Wyeth 1, the reason for that protection is that Congress deemed vaccines to be unavoidably unsafe, 2 thus no manufacturer would make a vaccine if they had to suffer the liability for injuries they would unavoidably cause. 3

Mary S. Holland explains the issue: “The success of the national vaccine program has come at a cost. Some children are permanently disabled or die from their vaccine exposures. … Between 1980 and 1986, people who claimed vaccine injury brought over three billion dollars of damages claims to U.S. civil courts against vaccine manufacturers.” 4

In response to the litigation that held them accountable for the injuries caused by their vaccines, the vaccine manufacturers lobbied Congress, and in 1986 they were able to get the NVIA law passed. That law had the effect of protecting them from civil liability for injuries caused by vaccines that they manufactured.

The underlying legal reasoning of Congress for the 1986 NVIA law was a concept borrowed from the Restatement of Torts law that vaccines were “unavoidably unsafe.” Holland explains that “[t]he Restatement describes all vaccines as ‘unavoidably unsafe’ products and implicitly recommended that manufacturers not be liable for injuries if doctors administered them properly.” 5

The NVIA set up a system of government compensation for vaccine injuries that has in practice served more to prevent compensation than anything else. Robert F. Kennedy explains:

Parents, legal guardians and legal representatives can file on behalf of children, disabled adults, and individuals who are deceased. According to the vaccine-injured and their loved ones, the program has failed miserably as a litigious, broken system where the injured are up against a government vaccine program, government owned vaccine patents, government health officials who administer the program and government paid attorneys from the Department of Justice. There is no judge, no jury of your peers and no discovery. Claimants feel the system is set up for their claims to fail. 6

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