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ICA Campaigns for Repeal of Liability Waiver for Vaccine Makers

 

The International Chiropractors Association has aggressively joined the campaign to repeal a new and immensely controversial federal law that shields pharmaceutical companies from liability from injuries caused by the application of certain vaccines in the United States. The provisions were anonymously inserted in the homeland security legislation that passed in the closing hours of the 107th Congress, over the strenuous objections of concerned legislators from both parties. ICA has recently contacted every Member of the U.S. House and Senate urging their support for legislation that would repeal these provisions and restore consumer rights and protections inherent in basic American freedoms.

ICA is urging all federal legislators to support new legislation in the 108th Congress to correct this serious threat to citizens' rights: S. 105, introduced by Michigan Senator Debbie Stabenow, and H.R. 237, introduced by Indiana Representative Dan Burton. These all but identical bills will repeal the inappropriate and immensely suspect provisions of the Homeland Security Act of 2002 that limited the liability of vaccine manufacturers in lawsuits. The provision that did pass the Congress last year will prevent lawsuits by families who say a mercury-based vaccine preservative led to their children's autism.

In letters to all House and Senate Members, ICA called on legislators to "support S. 105 and H.R. 237, legislation that would restore consumer freedoms and a balance in the public health policies of the nation." MODEL LETTERS FOR THE HOUSE AND SENATE ARE AVAILABLE by clicking above, or by calling ICA at 1-800-423-4690. Help in finding your federal legislators is also readily available through ICA's Congressional Action Center.

ICA is acting to shore up what appears to be bi-partisan support for a repeal of the offensive passages, but is very conscious of the power of the drug industry in the legislative process. "The depths to which the drug industry lobby are going to promote their interests are unprecedented," said ICA Legislative Committee Chair Dr. Michael McLean. "For ICA, this is a battle between basic human rights and drug industry profits and ICA urges every doctor of chiropractic to contact his or her federal legislators and ask their support for these key bills."

The determination of the drug lobby is reflected in a recent report published by the Coalition for SAFE MINDs (Sensible Action For Ending Mercury-Induced Neurological Disorders). According to this consumer group report, "representatives of at least one drug manufacturer have told the White House and several US senate staff that they won't produce the smallpox vaccines requested by the Administration to protect Americans against bioterrorism if the liability shielding rider for thimerosal is repealed. Yet neither the smallpox nor anthrax vaccines - our primary defenses against possible biological warfare - contain thimerosal. Rather, thimerosal is a mercury-based preservative that has been used in infant vaccines and is increasingly in the spotlight." Such extortion-like tactics indicate the determination of the drug lobby and show how urgently ICA's efforts are needed.

ICA is also concerned to see that consideration of the repeal legislation is done in the full light of day. The secret and anonymous insertion of the waiver provision last year shocked consumer rights groups and significant numbers of legislators from both parties, many arguing that the last-minute and conspiratorial appearance of the pro-drug company provision "undermined confidence in the legislative process," according to one Republican critic.

Legislators from both parties will be addressing a number of concerns with last year's homeland security bill but the vaccine liability limitation caused the most consternation on Capitol Hill, because of the complaints from families who wanted to sue vaccine makers and because no official in the White House, the Senate or the House would acknowledge inserting the provision in what appeared to be the unrelated creation of the Homeland Security Department.

Provisions similar to the bills introduced by Senator Stabenow and Representative Dan Burton are supposed to be included in a "must-pass" omnibus spending bill for domestic programs that Congressional leaders hope to address in the next several weeks. Repeal of the vaccine language will allow most if not all of the lawsuits that would have been terminated by the earlier bill to continue. "This is a battle that is far from over," said Dr. McLean. "With billions at stake and so many policy makers beholden to powerful drug interests, it will take concerned citizens in large numbers to hold legislators to their pledges to correct this problem. ICA is working to insure that the voice of the chiropractic profession is heard loud and clear in this debate."

ICA urges all doctors of chiropractic and concerned consumers to refer to the following position statements from Rep. Dan Burton and Senator Debbie Stabenow, as well as the Congressional bills, for background on this urgent public health and personal rights issue. Regular updates on vaccination safety and consumer rights issues are available through the National Vaccine Information Center, on the Internet at: www.909shot.com

Quick Links:
Position Statements: Dan Burton | Stabenow
Model Letters: US House | US Senate
Bill Text: S-105 | HR 237