by Matt Agorist, The Free Thought Project:
An Iowa House of Representatives subcommittee advanced a bill to bar the sale and administration of vaccines in the state unless manufacturers waive some of the liability protection granted under federal law for injuries caused by their vaccines.
(Children’s Health Defense) An Iowa House of Representatives subcommittee advanced a bill to bar the sale and administration of vaccines in the state unless manufacturers waive some of the liability protection granted under federal law for injuries caused by their vaccines.
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House File 712, which advanced out of subcommittee would require vaccine manufacturers to waive liability protection for design defect claims.
Design defect claims occur when a problem with the vaccine’s design, rather than a flaw in the manufacturing process, makes it dangerous, even if it was produced properly and administered as intended.
State Rep. Charley Thomson, who introduced the bill, told The Defender that although the bill stalled in the judiciary committee, it isn’t dead. It can either be added to another bill this legislative term, or he can reintroduce it next term.
Thomson said he proposed the law because he didn’t think companies should be able to put products on the market if they don’t take responsibility for their potential to injure people.
Thomson said:
“We don’t allow it for toaster ovens, for paint, for any one of 10 million different items that people buy in the United States, and we shouldn’t allow it for vaccines.
“If anything, we should maybe be a little more strict with things that are very complicated and are being put into people’s bodies and represented as safe and not poisonous.
“If you are doing that, why would you object to being held to account?”
The bill comes amid growing public sentiment that vaccine makers should not have immunity from legal action and the public should be able to sue the manufacturer of a vaccine that caused them harm.
Vaccine makers won freedom from liability from design defects in a 2011 Supreme Court decision, Bruesewitz v. Wyeth, when the Court effectively reinterpreted the 1986 National Childhood Vaccine Injury Act to give Big Pharma blanket liability.
Until that point, the act had given Big Pharma partial liability protection for vaccines listed on the Centers for Disease Control and Prevention’s (CDC) childhood immunization schedule but continued to hold them responsible for product design defects.
Thomson said that in the subcommittee discussion, the support and opposition to the proposed bill didn’t simply break down along partisan lines — both Democrats and Republicans supported and opposed the bill.
Lindsay Mahar of Informed Choice Iowa said that people concerned with vaccine safety have been working for years to develop different legal mechanisms to protect the public from vaccine injuries. Part of the thinking behind the bill, she said, is that “if we could just restore accountability, the system would self-correct in a lot of ways.”
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