Time Line ¹
* 1974 Reyes v. Wyeth, Court awards settlement to child, Anita Reyes injured by polio vaccine.
* 1976 Much litigation following needless swine flu shots.
* 1982 NBC affliate airs TV documentary, DPT: Vaccine Roulette.
* 1980s Gave rise to significant numbers of law suits.
* 1980 Only 24 suits filed for vaccine injury.
* 1985 Number of suits for vaccine injury increased to 144.
* 1985 + 1986, total suits combined for a billion dollars in damages.
* 1986 Number of DPT manufacturers had dwindled from eight to two. MMR vaccine made by only one manufacturer.
* ---- Many parents of damaged children failed to obtain settlements. (Continued next slide.)

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NCVIA
* 1986 Manufacturers and parents lobbied Congress and the National Childhood Vaccine Injury Act passed.
Part One.
Monitor adverse reactions to vaccines. (Vaccine Adverse Events Reporting System [VAERS])

Part Two.
Shield manufacturers from tort liability and establish,
Vaccine Injury Compensation Program (VICP) funded by excise tax on each vaccine dose...

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Footnote for slide 1 and 2:
1. A DOSE OF REALITY FOR SPECIALIZED COURTS: LESSONS FROM THE VICP by NORA FREEMAN ENGSTROM, pages 1658-1660
Available online at: https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=9485&context=penn_law_review

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Congress lables vaccines Unavoidably Unsafe
Chapter: Appendix C: 1986 National Childhood Vaccine Injury Act (Public Law 99-660),
PUBLIC LAW 990–660—NOV. 14, 1986 100 STAT. 3773 ²

“SEC. 2122. (a) GENERAL RULE.— ...
“(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 the effective date of this subtitle 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.

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Footnote 2 for slide 3
https://nap.nationalacademies.org/read/12796/chapter/12

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2008: In Bruesewitz v. Wyeth.³
Petition of Amici Curiae, National Vaccine Information Center, Its Co-founders and 11 other organizations in support of petitioner. Supreme Court of the United States.

Additionally, Bruesewitz cites several state and federal cases that have defined “unavoidably unsafe” as a product design that eliminates unnecessary risks of harm that cannot be made safer.

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Footnote 3 for slide 4.
https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1068&context=djclpp_sidebar

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2011: Supreme Court affirms what Congress said in 1986 ⁴

The National Childhood Vaccine Injury Act and Preemption: An Overview of Bruesewitz v. Wyeth

On February 22, 2011, the Supreme Court issued its decision in Bruesewitz v. Wyeth, a case involving the scope of the National Childhood Vaccine Injury Act. The Supreme Court considered whether 42 U.S.C. Section 300aa-22(b)(1) of the act precludes all vaccine design defect claims even if the vaccine’s side effects were avoidable, or whether the vaccine manufacturer has to show on a case-by-case basis that the side effects could not have been avoided by some alternatively designed vaccine.

[Continue to next slide.]
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SCOTUS cont'
The Supreme Court Decision in Bruesewitz After hearing oral arguments on October 12, 2010, the Supreme Court issued its decision on February 22, 2011, affirming by a vote of 6-2 the Third Circuit's holding that the Vaccine Act expressly preempts all design defect claims against manufacturers.

Justice Scalia, writing for the majority, found that the text of the Vaccine Act supports an interpretation that the provision at issue preempts all design defect claims, and that this textual reading is supported by the structure of the act. Justice Sotomayor, writing a dissenting opinion, concluded the opposite.

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Footnote 4 for slides 5 and 6.
EveryCRSReport.com https://www.everycrsreport.com/reports/R41538.html
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Largest Vaccine Injury Payouts in the US⁵
4. $10 Million In January 2010, a victim was awarded over $10 million for getting Guillain Barre Syndrome (GBS) after receiving a Hepatitis B vaccination.

3. $11.5 Million In 2015, a Neuromyelitis Optica (NMO) vaccine victim was awarded $11.5 million dollars over a lifetime for their injuries.

2. $61 Million The second highest settlement was $61 million. This amount went to the family of a baby injured with the receipt of the DTaP (diphtheria, tetanus, pertussis).

1. $101 Million The largest vaccine injury settlement made through the VICP to date is $101 million. The settlement was for an infant who suffered a severe reaction to the MMR (measles, mumps, rubella) vaccine.


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Typical Vaccine Injury Claims

[Financial] Keep in mind that the typical award is much less than the largest payments shown.

Also, keep in mind that the typical payment is zero.

2 out of 3 claims are refused.

Many parents of vaccine injured children do not recognize that their child's health problems are due to vaccines.

Many parents of vaccine injured children do not know there is a vaccine injury compensation program.

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Source for slide 7: KNUTSON + CASEY law firm
https://knutsoncasey.com/largest-vaccine-injury-payouts-in-the-us/

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https://www.medalerts.org/vaersdb/index.php
+ Vaccine Adverse Event Reports by year ⁶

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Reported Adverse Effects following COVID 19 "Vaccination"


Note: More reports have been filed following Covid 19 vaccination than all the reports for the 30 prior years for all previous vaccines.

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Safe?

USA
Legally vaccines are "unavoidably unsafe."

Financially, NVICP has paid out over 4 Billion dollars for damage awards to date.

Scientifically, although only about 1% of adverse events are reported to VAERS, the program is a strong pointer for declaring vaccines "UNSAFE."

A better picture of how unsafe Vaccines are will be presented in Part Two, Unsafe but Effective?

Part Two, Unsafe but Effective?


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