Supreme Court Favors the National Childhood Vaccine Injury Act of 1986 – Big Pharma NOT Liable for Injuries
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Supreme Court Favors the National Childhood Injury Act of 1986 – Big Pharma NOT Liable for Injuries
"The ONLY Power Americans have left to Protect Ourselves from Vaccine Injury is to Arm ourselves with Information and Defend our Legal Right to make Vaccine Choices.” ~ Barbara Loe Fisher
Barbara Loe Fisher, one of the three founders of the “National Vaccine Information Center” (NVIC) shares some valuable advice about what everyone should be aware of when vaccinating a child. Barbara’s son was injured by the DTP Vaccine in 1980.
In March of 2011, NVIC paid for a short 15 second message encouraging people to make informed vaccine choices on the CBS Jumbotron in NYC.
According to Barbara Loe Fisher, on April 13, 2011 the President of AAP – American Academy of Pediatrics, who is buddy, buddy with Big Pharma as they give them $$$, sent a letter to CBS containing misinformation about NVIC in attempt to removing the vaccine education message.
The message was scheduled to be taken down on April 28th, 2011 anyway, but that wasn’t fast enough.
AAP provided this letter to bloggers, who in turn started a smear campaign on NVIC.
Mainstream Media outlets like the Guardian in Great Britain republished the AAP’s attack and added more disinformation.
There are 60,000 Pediatricians that are members of the American Academy of Pediatricians, a trade association, that Big Pharma "sponsors".
American Academy of Pediatrics existing as a “Trade Association” is a nonprofit organization that should represent the interests of parents and children, but they really represent the interests of Big Pharma Vaccine makers who focus on one thing, making money selling vaccines.
This "sponsorship" from Big Pharma to AAP is not publicly disclosed and it makes one question who Pediatricians will listen to more, Big Pharma or the Parents of the children they are vaccinating.
The AAP publishes guidelines for giving vaccines to children.
Guess who is distinguished member and who has even received President's Certificate for Outstanding Service from the AAP905?
Dr. Paul Offit.
It was Dr. Paul Offit who said: "each infant would have the theoretical capacity to respond to about 10,000 vaccines at any one time." "Using this estimate, we would predict that if 11 vaccines were given to infants at one time, then about 0.1% of the immune system would be “used up909.”
It was the AAP who lobbied to Congress for Liability Protection for both Pediatricians and the Big Pharma Vaccine makers from vaccine injury lawsuits. This of course resulted in the National Childhood Vaccine Injury Act of 1986 which removed the liability from vaccine makers and moved it to the government. It was an indemnity clause from hell as it shifted the financial burden of potential losses from the vaccine makers to the government, and limited how much the vaccine injured could sue for and what they could sue for. Plus, the people purchasing vaccines had to pay a tax to fund this.
A total win for Big Pharma and a total loss for the people.
Between 1978 and 1981 only 9 product-liability suits were filed against DTP (Diptheria, Tetanus and Purtussis) vaccine manufacturers, by the mid-1980's the suits numbered more than 200 each year, which is why vaccine makers went to the government begging for help, resulting in the National Childhood Vaccine Injury Act in 1986901.
The
first payouts from this act was in 1988.
The number of Vaccine Injury Compensation Awards from the NCVIA in 1989 was 6 for $1.3 million and in 2024 there were 1,221 for $149.6 million. Since 1989, the government has paid $5.4 Billion to those who have sued for vaccine injuries or deaths888.
In 2023, Big Pharma spent over $15.58 Billion on Advertising897.. Almost 3 times more money than what the government paid for their lawsuits for vaccine injuries in the past 37 years.
So, why is the Childhood National Vaccine Injury Act still relevant?
The Courts seem to love vaccines.
Here is what the Supreme Court said in 2011:
“The elimination of communicable diseases through vaccination became "one of the greatest achievements" of public health in the 20th century901.”
“They had been so effective in preventing infectious diseases that the public became much less alarmed at the threat of those diseases901.”
The Supreme Court is considered part of the government and one of the 3 branches of government.
The government is very hard to sue, but when the Supreme Court already is biased and favors vaccines, it makes it all that much more difficult for the vaccine injured to have voice, be heard and win a case. It’s an uphill battle to say the least.
Prior to the NVIA of 1986, vaccine makers were getting sued left and right, so much so that some years they lost money. When the government took over they had special rules and a “vaccine table” that listed what the vaccine injured could sue for and limited a vaccine death compensation to $250,000, which is insane, but shows how much they feel a life is worth.
The 1986 Childhood Vaccine a Act took power away from the people to sue pharmaceutical manufactures. It also indicated that the people no longer run the government, big money does.
The government should never be a defendant against the people for vaccine injuries.
When a child has had an adverse reaction to a vaccine and a physician makes the decision to continue vaccinating, if the child gets worse and worse after each vaccination, that doctor is not held liable in a civil court of law.
In February of 2011, the Supreme Court gave Drug Companies an even bigger shield from Vaccine Injury Law Suits when they ruled that the 1986 National Childhood Vaccine Injury Act stated that vaccine manufacturers were not liable for vaccine injuries, even if the vaccine manufacturer could have made a “safer” vaccine899.
The Supreme Court Case involved a vaccine designed by Lederle Laboratories (taken over by Wyeth Pharmaceuticals) in the 1940s that was administered to Hannah Bruesewitz in 1992, some 30 years AFTER scientists discovered a SAFER way to design the pertussis component of the DTP vaccine. They argued the vaccine was defectively designed, but the National Childhood Injury Act of 1986 (NCVIA), which established a no-fault compensation program for vaccine injuries, prevents such claims, according to the Supreme Court's 6-2 decision. The Supreme Court upheld the lower court's decision, finding the NCVIA preempted the Bruesewitzes' state-law claims900.
This is just another reason why the 1986 National Childhood Vaccine Injury Act is the worst Vaccine Law EVER passed and it should be abolished immediately.
According to the Supreme Court, the National Vaccine Injury Act of 1986 was created because: “there were many complaints that obtaining compensation for legitimate vaccine-inflicted injuries was too costly and difficult. A significant number of parents were already declining vaccination for their children, and concerns about compensation threatened to depress vaccination rates even further. This was a source of concern to public health officials, since vaccines are effective in preventing outbreaks of disease only if a large percentage of the population is vaccinated. To stabilize the vaccine market and facilitate compensation, Congress enacted the NCVIA in 1986901.”
Since the Supreme Court solidified its position by reinforcing the no liability clause which eliminates liability for vaccine makers stated within 1986 Childhood National Vaccine Act, the people really have lost their power to protect themselves from vaccine injuries.
As Barbara Loe Fisher states:
“The only power that we have left to protect ourselves from vaccine injury is to arm ourselves with information and defend the legal right to make vaccine choices.”
“That is getting difficult to do when doctors and organizations paid for by the Pharmaceutical Industry are trying to censor vaccine information and block all public conversation about vaccination, while lobbying to take away the right to informed consent to medical risks.”
Everyone needs to make Informed Vaccine Choices.
Sources:
1. National Vaccine Information Center – Barbara Loe Fisher -- https://rumble.com/vnj6sz-doctors-denying-vaccine-risks-an-american-tragedy-april-25-2011.html
1. Waking the World up. “The Supreme Court Favors the National Childhood Injury Act of 1986.” Rumble, 4 Jun 2025, rumble.com/v6ub4zj-the-supreme-court-favors-the-1986-childhood-vaccine-injury-act.html. *Note: Supreme Court Case Rules in Favor of the 1986 Childhood Vaccine Injury act in which Big Pharma vaccine manufactures are NOT liable for Vaccine Injuries.
888. United States Department of Health and Human Services. National Vaccine Injury Compensation Program Monthly Statistics Report. 1 May 2025, www.hrsa.gov/sites/default/files/hrsa/advisory-committees/vaccines/vicp-stats-05-01-25.pdf. Accessed 2 June 2025. *Note: Vaccine Injury Payouts, Vaccine Injury Compensations Statistics from 1989 to 2025. Number of Vaccine Injury Compensation Awards in 1989 was 6 for $1.3 million and in 2024 there were 1,221 for $149.6 million. Total compensation in from 1989 to first part of 2025 is $5.4 Billion. *This was from the 1986 National Childhood Vaccine Injury Act where Big Pharma were not the ones being sued, but the liability was handed to the Government.
897. Statista. “U.S. Pharmaceutical Preparations Ad Spend 2022-2023.” Statista, 13 Sept. 2024, www.statista.com/statistics/470460/pharmaceutical-preparations-industry-ad-spend-usa. *Note: In 2023, the pharmaceutical industry in the US spent roughly $15.58 billion U.S. dollars on advertising, up from 12.83 billion dollars a year earlier. That represents an annual increase of over 21 percent.
898. “Vaccine Injury Compensation Data | HRSA.” HRSA - Health Resources and Services Administration, 1 May 2025, www.hrsa.gov/vaccine-compensation/data. Accessed 2 June 2025. *Notes: *Notes: This site says -- Being awarded compensation for a petition does not necessarily mean that the vaccine caused the alleged injury. Approximately 60% of all compensation awarded by the VICP comes as result of a negotiated settlement between the parties in which HHS has not concluded, based upon review of the evidence, that the alleged vaccine(s) caused the alleged injury. *So, even when the Gov pays for a "Vaccine Injury or Death" they do not admit that the vaccine caused the injury or death in 60% of the cases? Do you think the Gov would just give away money for NO reason?? Shouldn't the gov be on the People's side and not a Defendant representing Big Pharma? This shows you that the People are not running the government, Big Money is running the government. Here is what else it says on the Vaccine Injury Compensation Data site: The United States has the safest, most effective vaccine supply in history. In the majority of cases, vaccines cause no side effects, however they can occur, as with any medication—but most are mild. Very rarely, people experience more serious side effects, like allergic reactions. *RARE is a word that is repeated over and over again. Keywords: 1986 National Childhood Vaccine Injury Act.
899. Fisher, Barbara Loe. “Doctors Denying Vaccine Risks: An American Tragedy.” National Vaccine Information Center, 21 Apr. 2011, www.nvic.org/newsletter/apr-2011/doctors-denying-vaccine-risks-an-american-tragedy. Accessed 1 June 2025. *Note: There are 60,000 Pediatricians that are members of the American Academy of Pediatricians, a trade association, that Big Pharma "sponsors". This "sponsorship" is not publicly disclosed and it makes one question who Pediatricians will listen to more, Big Pharma or the Parents of the children they are vaccinating. The AAP lobbied Congress to give pediatricians and drug companies liability protection from vaccine injury lawsuits. Are doctors partnering with Big Pharma or with Parents? In February 2011, the U.S. Supreme Court gave drug companies further protection from vaccine injury lawsuits. Difficult to sue Big Pharm for Vaccine Injuries.
900. FREDERICK, DAVID C., et al. “Bruesewitz V. Wyeth, Inc.” IN THE SUPREME COURT OF THE UNITED STATES, Sept. 2010, www.supremecourt.gov/oral_arguments/argument_transcripts/2010/09-152.pdf. *Note: The Bruesewitz v. Wyeth case centered on whether the National Childhood Vaccine Injury Act (NCVIA) preempted state law claims against vaccine manufacturers for defective design. The Bruesewitzes, parents of Hannah Bruesewitz, sued Wyeth (the DTP vaccine manufacturer) after Hannah suffered injuries following a DTP Vaccination. This case involves a vaccine designed by Wyeth Pharmaceuticals in the 1940s that was administered to Hannah Bruesewitz in 1992, some 30 years AFTER scientists discovered a SAFER way to design the pertussis component of the DTP vaccine. They argued the vaccine was defectively designed, but the NCVIA, which established a no-fault compensation program for vaccine injuries, prevents such claims, according to the Supreme Court's 6-2 decision. The Supreme Court upheld the lower court's decision, finding the NCVIA preempted the Bruesewitzes' state-law claims. **This is just another reason why the 1986 National Childhood Vaccine Injury Act is the worst Vaccine Law EVER passed and it should be abolished immediately.
901. “Bruesewitz v. Wyeth LLC, 562 U.S. 223, 131 S. Ct. 1068, 179 L. Ed. 2d 1 (2011), Court Opinion.” Bloomberg Law, 2011, www.bloomberglaw.com/public/desktop/document/Bruesewitz_v_Wyeth_LLC_131_S_Ct_1068_179_L_Ed_2d_1_2011_Court_Opi. Accessed 3 June 2025. *Notes: DTP Vaccine Lawsuit Ruling by the Supreme Court – February 2011. Supreme Court Justice Scalia says vaccination became "one of the greatest achievements" of public health in the 20th century. Vaccines are effective in preventing outbreaks of disease only if a large percentage of the population is vaccinated. *Why Vaccine Makers wanted the 1986 Childhood Vaccine Injury Act – SCJ Scalia - “by the mid-1980's the suits numbered more than 200 each year. This destabilized the DTP vaccine market, causing two of the three domestic manufacturers to withdraw; and the remaining manufacturer, Lederle Laboratories, estimated that its potential tort liability exceeded its annual sales by a factor of 200. Vaccine shortages arose when Lederle had production problems in 1984. Sclalia “there were many complaints that obtaining compensation for legitimate vaccine-inflicted injuries was too costly and difficult. A significant number of parents were already declining vaccination for their children, and concerns about compensation threatened to depress vaccination rates even further. This was a source of concern to public health officials, since vaccines are effective in preventing outbreaks of disease only if a large percentage of the population is vaccinated. To stabilize the vaccine market and facilitate compensation, Congress enacted the NCVIA in 1986. The Act establishes a no-fault compensation program "designed to work faster and with greater ease than the civil tort system." Shalala v. Whitecotton, 514 U. S. 268, 269 (1995). A person injured by a vaccine, or his legal guardian, may file a petition for compensation in the United States Court of Federal Claims, naming the Secretary of Health and Human Services as the respondent. A special master then makes an informal adjudication of the petition within (except for two limited exceptions) 240 days. The Court of Federal Claims must review objections to the special master's decision and enter final judgment under a similarly tight statutory deadline. At that point, a claimant has two options: to accept the court's judgment and forgo a traditional tort suit for damages, or to reject the judgment and seek tort relief from the vaccine manufacturer. **When Immunity Does Not Apply for Vaccine Makers - The immunity does not apply if the plaintiff establishes by clear and convincing evidence that the manufacturer was negligent, or was guilty of fraud, intentional and wrongful with holding of information, or other unlawful activity.
905.
“Paul A. Offit MD Bio: Professional Memberships and Professional
Awards.” Children’s Hospital of Philadelphia Research
Institute, www.research.chop.edu/people/paul-a-offit. Accessed 2
June 2025. *Notes: Dr. Paul A. Offit is a member of AAP – American
Academy of Pediatrics, he won the Humanitarian of the Year Award from
Biotechnology Industries Organization, in 2011 and Humanitarian of
the Year Award from the National Meningitis Association in 2009. Dr.
Offit received the President's Certificate for Outstanding Service,
American Academy of Pediatrics in 2009. List of all Professional
Memberships and a list of Awards.
909. Offit, Paul A., et al. “Addressing Parents’ Concerns: Do Multiple Vaccines Overwhelm or Weaken the Infant’s Immune System?” PEDIATRICS, vol. 109, no. 1, Jan. 2002, pp. 124–29. https://doi.org/10.1542/peds.109.1.124. *Note: Dr. Paul Offit - "each infant would have the theoretical capacity to respond to about 10,000 vaccines at any one time." "Using this estimate, we would predict that if 11 vaccines were given to infants at one time, then about 0.1% of the immune system would be “used up.”
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