Meet the original “Conspiracy Theorists,” Ronald Reagan and the members of the 99th Congress, who, in 1986, passed into law the “medical misinformation” that vaccines were “unavoidably unsafe” and potentially caused autism.
Last week Senator Elizabeth Warren (D-MA) sent Robert F. Kennedy, Jr., President Trump’s nominee for Secretary of Health and Human Services, a scathing letter accusing him of, among other things, “dangerous views on vaccine safety” and “false hysteria that vaccines cause autism.” The letter included 175 questions that she said he should be prepared to answer at his Senate confirmation hearings. But in her letter, she exposes her own ignorance of federal vaccine policy and the laws passed by her own legislative branch.
In 1986 the House of Representatives passed the National Childhood Vaccine Injury Act (42 U.S.C. §§ 300aa-1 to 300aa-34) by a voice vote. Senator Warren should know that her current Senate Minority Leader Senator Chuck Schumer (D-NY) was, at the time, a member of the House and should presumably know that the bill that was passed to give vaccine makers liability protection from civil claims when a child was killed or seriously injured by a vaccine, and placed all vaccines administered to children in the legal category of “unavoidably unsafe” medical products, which means a product that cannot be made safe for its intended use.
In 2018, Mary Holland, JD, then the Director of the Graduate Legal studies program at New York University School of Law, and now Chief Executive Officer of Children’s Health Defense, a non-profit organization founded by Kennedy, remarked on the legal standing of the safety of vaccines:
The key language about “unavoidable” side effects comes from the National Childhood Vaccine Injury Act, 42 USC 300aa-22, re manufacturer responsibility (see bold text below).
That language was based on language from the Second Restatement of Torts (a legal treatise by tort scholars), adopted by most state courts in the mid-1960’s, that considered all vaccines as “unavoidably unsafe” products. The Restatement opined that such products, “properly prepared, and accompanied by proper directions and warnings, is not defective, nor is it unreasonably dangerous.”
Further the 2011 SCOTUS ruling in the Bruesewitz v. Wyeth case interpreted the highlighted text below from the National Vaccine Injury Act to find that it did not permit design defect litigation – that issue had been unclear since 1986, and different state high courts and federal circuits had decided the issue differently. So, [it] is correct that the US Supreme Court (SCOTUS) never decided that vaccines are “unavoidably unsafe” directly, but it acknowledged that Congress considers them to be so.
Sec. 300aa-22. Standards of responsibility
(a) General rule
Except as provided in subsections (b), (c), and (e) of this section State law shall apply to a civil action brought for damages for a vaccine-related injury or death.
(b) Unavoidable adverse side effects; warnings
(1) No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings.
(2) For purposes of paragraph (1), a vaccine shall be presumed to be accompanied by proper directions and warnings if the vaccine manufacturer shows that it complied in all material respects with all requirements under the Federal Food, Drug, and Cosmetic Act. See https://www.ageofautism.com/2018/11/the-supreme-court-did-not-deem-vaccines-unavoidably-unsafe-congress-did.html
Hellbound and Down 