by Matt Agorist, The Free Thought Project:
(Children’s Health Defense) Arkansas lawmakers are weighing legislation that could pierce the pharmaceutical industry’s federal liability shield for vaccine injuries by holding corporate executives criminally liable for “vaccine harms” if they concealed evidence of risks associated with a vaccine that subsequently seriously injured or killed the recipient.
Under Senate Bill 6, introduced by Republican State Sen. Bryan King, an executive officer of a pharmaceutical company that “knowingly hides, conceals, omits, or otherwise withholds evidence, documentation, or information that the vaccine has dangerous effects,” would be found guilty of a felony and face a prison sentence of one year to life.
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The bill is pending before the Arkansas Senate. King also introduced Senate Bill 5, to hold Pharma executives criminally liable for “prescription drug harm.”
Previous versions of both bills unanimously passed last year in the Arkansas Senate but died in the Arkansas House.
Ray Flores, senior outside counsel for Children’s Health Defense (CHD), welcomed the proposed legislation. He told The Defender:
“Regarding vaccines and other health-related issues, the public is increasingly frustrated with the impervious protection current law and corporate structure afford. The time is ripe to single out those ultimate decision-makers who benefit the most.
“This is an attempt, done properly through legislation, to address that powerlessness currently radiating throughout society.”
California-based healthcare attorney Rick Jaffe called the proposed legislation “an excellent jumping-off point for the serious discussion the country needs to have about vaccines.”
King’s office did not respond to The Defender’s request for comment by press time.
Federal liability shield may not protect against criminal charges
Two federal laws provide civil immunity to vaccine manufacturers.
The National Childhood Vaccine Injury Act of 1986 grants manufacturers broad protection from civil liability for injuries resulting from vaccines listed on the Centers for Disease Control and Prevention’s childhood immunization schedule.
Under the 1986 act, people injured by these vaccines can file a claim under the National Vaccine Injury Compensation Program.
Vaccines like the COVID-19 shots, introduced as an “emergency countermeasure” to address a public health emergency, are covered under the Public Readiness and Emergency Preparedness Act (PREP Act).
Under the PREP Act, manufacturers and other “covered persons” — including doctors, nurses and pharmacists who administer the vaccines — are exempt from liability. Vaccine injury claims for this category of vaccines are filed with the federal Countermeasures Injury Compensation Program.
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