April 18, 2012
By Alan Phillips, J.D.
“So New York thinks children are smart enough to make their own health decisions. If this is the case, why not let them eat ice cream for dinner?” –KTRN
New York’s A343 and S384, if enacted into law, will give children the right to consent to HPV and Hep B vaccines, without the knowledge and consent of their parents. Regardless of your position on vaccines, these bills set a disturbing precedent in violation of the U.S. Constitution. If you live in New York, take or send this Memorandum of Law to your state representatives, along with any other concerns you may have, to oppose these bills!
As a starting place, constituents are “one person with one vote.” If your position is one held by a minority, which is usually the case with vaccine freedom-of-choice advocates, legislative activism is an up-hill battle. But legislative activism involves the art of persuasion, since ultimately, legislatures can enact any law they have the votes for, Constitutional or not. So, if you can tell your representative, “I don’t like this bill” and why that can be persuasive, but if you can add to that, “and by the way, you can’t enact this bill into law because it’s unconstitutional,” you can substantially bolster your “one person, one vote” starting point. Furthermore, a loud minority can often influence legislation considerably, and a compelling legal argument can add considerable “volume” to your position. So, if this Memorandum represents your views, then given a copy to your NY rep today!
Meanwhile, here’s a summary of some of the legal and other problems with NY’s A343 and S384:
1. They are unconstitutional. The U.S. Supreme Court has stated: “Most children, even in adolescence, simply are not able to make sound judgments concerning many decisions, including their need for medical care or treatment. Parents can and must make those judgments.” Giving medical decision-making authority to children violates parents’ 14th Amendment Constitutional due process right to parent their children. When the state takes parental decision-making away from parents, it is essentially saying that the parents are unfit to make those decisions. When the state gives that authority to children, it is saying that kids are fit to make decisions that the parents aren’t fit to make. Rather absurd, isn’t it?!
2. These NY bills violate parents’ First Amendment “free exercise” of religion. Parents, and not children, have the legal authority to exercise a vaccine religious exemption for their children under N.Y. Pub. Health Law § 2164(9). They also violate the NY State Constitution’s religious liberty section, which supports NY parents’ right to refuse vaccines for their children for religious reasons.
3. These bills violate the National Vaccine Injury Compensation Program, which requires “each healthcare provider who administers a vaccine” to “provide to the legal representatives of any child” a copy of information “prior to the administration of the vaccine.” A child can’t consent to the administration of a vaccine without the parent’s knowledge and consent if the person administering the vaccine must first give the parent vaccine information. If healthcare providers administer a vaccine to a child without first giving the required information to parents, they are violating federal law, and in the process, probably violating state medical ethical rules at the same time (because of violating federal law), subjecting themselves to discipline by their state medical, nursing, or other relevant boards.
October 14, 2011
By: PF Louis
Ever wonder why vaccine related injuries reported by parents get so little mass media attention? It’s easy to understand when you realize that although a federally decreed reporting system does exist for vaccine injuries, the agency itself simply stores them in a data base that doesn’t influence most medical professionals, vaccine manufacturers, and mainstream media.
The Vaccine Adverse Event Reporting System (VAERS) was established as part of the National Childhood Vaccine Injury Act (NCVIA) of 1986. VAERS is sponsored by the CDC and FDA, both vaccine friendly government agencies. Another part of the NCVIA is the establishment of a federal “no fault” compensation program for parents of vaccine injured or killed children.
The National Vaccine Injury Compensation Program (NVICP) was set up to award claims to parents through the US Court of Federal Claims. Of course, claimants had to establish a causal connection with their child’s issues from recent vaccinations.
The compensations vary from $250,000 for the death of a child, or a life time of medical coverage for a brain damaged child. The awards are federally funded, “bailing out” vaccine manufacturers from financial liability. The fact that over $1 billion has been paid out since 1986 is the government’s secret admission of vaccine dangers.
As in most settlements, awarded parents are gagged from talking of their case by the risk of losing their “hush money” covering lifetime medical expenses.
Many parents are still programmed to believe their child’s sudden mental or physical health downturn had nothing to do with all those vaccinations they allowed their pediatrician to deliver. And less naive parents don’t even know about VAERS or the compensation program, which are as unwieldy and bureaucratic as government systems can be.
It’s estimated that as low as one or two percent with no more than 10% of vaccine adverse reactions are reported. Although doctors are legally obliged to report adverse vaccine reactions to VAERS, most don’t. The FDA admits that probably 90% of doctors simply don’t report adverse vaccine reactions. Yet even with this denial and resistance, up to 20,000 adverse vaccine reactions are reported annually.
Keep in mind that VAERS officially states their data base file of adverse reports does not make causal connections to vaccines. Those non-reporting MDs usually dismiss serious reactions as unrelated to vaccines. Or worse yet, they blame the parents and accuse them of Shaken Baby Syndrome (SBS).
Blaming the victims
Some parents have been imprisoned for trying to resuscitate their babies or rush them into emergency rooms upon noticing sudden dire symptoms. Usually those babies died.
SBS symptoms can resemble adverse vaccine reactions, but convicted parents were never allowed the reasonable doubt that would arise from real vaccine injury knowledge. This rush to judgment reflects widespread denial.
In many cases, those infants had just received multiple shots of vaccines pushed by their pediatricians. Are those records considered without bias in the courts where accused parents stand? But local media and press cover these incidents to trump up lurid crime attention, yet they won’t mention vaccinations. That’s taboo.
Another rising syndrome masking vaccine injuries is Sudden Infant Death Syndrome (SIDS), or crib death. These infants suddenly die for apparently no cause. Often they had recently been vaccinated. But let’s not look into that. Better to consider SIDS a strangely mysterious epidemic among newborns and get more money for more research.
Perhaps October’s vaccine awareness month should focus more on reporting adverse events to reach a tipping point against the resistance of vaccine truth. Otherwise the Medical Mafia will continue jabbing children to oblivion.