Saturday, November 6, 2021

virus-vax-mandate laws/news; Congress created vax monopoly 1986

1) signed into law by President Ronald
Reagan: health bill on November 14,
1986  https://www.abc.net.au/news
2009-07-18/govt-created-monopoly-on-swine-flu
vaccine/1357990od
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2)  Vaccine Injury Act of 19—Provides that no vaccine manufacturer shall be liable
in a civil action for damages arising from a
vaccine-related injury or death;  amended
10/14/1986 https://www.congress.gov/bill/99th-congress/house-bill/5546
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3)  Mar 07, 2019 · In 1986 the National Childhood Vaccine Injury Act was passed in response to a large number of lawsuits filed claiming vaccines were causing adverse reactions including brain damage and death. The act shielded medical professionals and vaccine manufacturers from liability if an individual suffered injury from receiving vaccines. The act mandated that vaccine injury claims be filed with the US Court of Federal Claims rather than filed directly against physicians or vaccine manufacturers
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4)   BRUESEWITZ ET AL. v. WYETH LLC, FKA WYETH, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 09–152. Argued October 12, 2010—Decided February 22, 2011 The National Childhood Vaccine Injury Act of 1986 (NCVIA or Act) cre-ated a no-fault compensation program to stabilize a vaccine market adversely affected by an increase in vaccine-related tort litigationand to facilitate compensation to claimants who found pursuing le-gitimate vaccine-inflicted injuries too costly and difficult.  The Act provides that a party alleging a vaccine-related injury may file a peti-tion for compensation in the Court of Federal Claims, naming the Health and Human Services Secretary as the respondent; that the court must resolve the case by a specified deadline; and that theclaimant can then decide whether to accept the court’s judgment or reject it and seek tort relief from the vaccine manufacturer. Awards are paid out of a fund created by an excise tax on each vaccine dose. As a quid pro quo, manufacturers enjoy significant tort-liability pro-tections. Most importantly, the Act eliminates manufacturer liabilityfor a vaccine’s unavoidable, adverse side effects. Hannah Bruesewitz’s parents filed a vaccine-injury petition in the Court of Federal Claims, claiming that Hannah became disabled af-ter receiving a diphtheria, tetanus, and pertussis (DTP) vaccinemanufactured by Lederle Laboratories (now owned by respondent Wyeth). After that court denied their claim, they elected to reject the unfavorable judgment and filed suit in Pennsylvania state court, al-leging, inter alia, that the defective design of Lederle’s DTP vaccine caused Hannah’s disabilities, and that Lederle was subject to strictliability and liability for negligent design under Pennsylvania com-mon law. Wyeth removed the suit to the Federal District Court. It granted Wyeth summary judgment, holding that the relevant Penn-sylvania law was preempted by 42 U. S. C. §300aa–22(b)(1), : “no vaccine manufacturer shall be liable in a civil ac-tion for damages arising from a vaccine-related injury or death asso-ciated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side-effects that were unavoidable even though the vaccine was properly prepared and was accompaniedby proper directions and warnings.”  The Third Circuit affirmed. Held: The NCVIA preempts all design-defect claims against vaccine manufacturers brought by plaintiffs seeking compensation for injury or death caused by a vaccine’s side effects.  https://www.supremecourt.gov/opinions/10pdf/09-152.pdf
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5)  In the 57-page opinion written by Justice Antonin Scalia, the Supreme Court explained that the National Childhood Vaccine Injury Act of 1986 preempts all design-defect claims against vaccine manufacturers brought by plaintiffs seeking compensation for injury or death caused by a vaccine’s side effects.
The Court’s 6-2 decision reasoned that “a vaccine side effect could always have been avoidable by use of a different vaccine not containing the harmful element. The language of the [NCVIA] thus suggests the design is not subject to question in a tort action.
https://www.policymed.com/2011/03/supreme-court-rules-in-favor-of-protecting-vaccine-makers-from-state-lawsuits.html
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7)  May 12 2021  ,JS:  Taxpayers have provided nearly $10 billion to Operation Warp Speed but have no knowledge of how these resources are being spent. …
SL:  Even though we pay for this development — either it’s a portion or all of it — the American taxpayers don’t go on to own the product or hold the patent to the product, but what the U.S. does is fund it and then the companies often go on to have these exclusive ownership, with patents.
Lee Fang:  That publicly funded science, through a law called the Bayh–Dole Act, is then transferred to pharmaceutical companies.…This law basically codified this rapid transfer of publicly funded technology, publicly funded science into commercial monopoly rights for private industry.  And, you know, one kind of failsafe for this law so it doesn’t get exploited by private industry was this provision basically allowing march-in rights is what they’re known as, basically saying if a company is exploiting a pharmaceutical product that was financed by the taxpayer, the government has a right to march-in and then revoke that license and then issue it to a competitor, allow another firm to use that technology create a generic or competing product.
One kind of wrinkle here is that the pharmaceutical companies have really pushed back against any effort to use march-in rights to invoke this provision of the Bayh–Dole Act.  And in a twilight maneuver, as the Trump administration was leaving office in early January 2021, they issued a new rule basically revoking and redefining that one provision of the Bayh–Dole Act, allowing the government to march-in and set prices.
Lee Fang:  You know, what’s interesting about this debate is that what the pharmaceutical industry has always argued is that they’re doing the research and development, they’re putting up the risk, so to speak, raising money from investors so, of course, they should have monopoly rights on the price and the distribution of these drugs so that they can reap a profit and then pay back their investors after taking this risk.
But what’s interesting about Operation Warp Speed, this program approved by Congress and initially managed by the Trump administration, awarding something like $10 billion — and then they increased it to something like $18 billion — of money to fund the development of therapeutics and vaccines and to expedite that process to solve the pandemic is that here’s the taxpayer taking all the risk and providing the public money for the research, the development, the clinical trials, even the pre-purchases of these vaccines.
President Donald J. Trump:  Its objective is to finish developing and then to manufacture and distribute, a proven coronavirus vaccine as fast as possible.
Lee Fang:  The pharmaceutical industry, despite not having to do the type of risk-taking that typical business people or corporations have to do, they’re saying that they still deserve those monopoly rights on the pricing, the distribution of this product that was guaranteed by the taxpayer, by the U.S. Treasury….Going into the pandemic, pre-pandemic, in 2019, opinion polls pretty consistently showed that the pharmaceutical industry was the most unpopular industry in America ranking below the oil industry, below automakers, below some of these other companies that have been criticized in the past.  And this pandemic has been used by lobbyists representing the industry to really reposition the industry as this global leader that cares about human health, that is not putting profits first, it’s putting the people first.  If you turn on CNN or MSNBC, you see these reputation ads; they don’t actually sell a product, but they’re sponsored by the industry and their lobbyists to try to increase public opinion and discourage further regulation.  They’ve got people in lab coats, pouring beakers, [laughs] and vials on conveyor belts. They say: “Oh, look, the pharmaceutical industry is doing everything they can to fight this pandemic!  We care about the American people.”
PhRMA “Our Part” ad: While you do your part to beat coronavirus, America’s biopharmaceutical companies are working around the clock to do ours: testing existing medicines, developing new treatments and vaccines, and collaborating with the FDA, NIH and CDC. We’re working with doctors and hospitals on over 235 clinical trials and ramping up production capabilities to ensure these medicines are available, because science is how we get back to normal.
Lee Fang:  They’re really utilizing this pandemic to reposition themselves as totally concerned about public health and they’re not an industry that puts profit over people. Meanwhile behind closed doors the pharmaceutical industry has mobilized an army of lobbyists, poured massive amounts of dark money into the last election to ensure that they can really capitalize on this pandemic and make the most money possible…What’s undergirding all of this policy making, all this debate around the waiver is the potential for massive profits.
The pharmaceutical companies, despite — again, their public posture of donating vaccines and working to save the world — privately, their investors have been incredibly clear about how they plan to hike prices when the opportunity presents itself. If you listen to these recent investor calls from Johnson & Johnson, Moderna, Pfizer, they have spoken to banks and other investors and said, they’re hoping to make lots of money from these vaccines….
Lee Fang: Right now they’re selling the vaccine, at least in the U.S., at a deeply discounted price. They’re concerned about the optics around increasing the price.  But when the time comes they plan to dramatically commercialize this product.  And right now many of the vaccines are reimbursed by the government but sold between $20 and $40 — that’s much lower than the list price of, for example, the flu vaccine, which is closer to $170 or $200. Even with the deeply discounted prices, Pfizer is taking their vaccine and basically made it one of the highest grossing pharmaceutical products of all time.  As Sharon mentioned earlier, they’re making record profits from the vaccine and that’s at the lower price.
The pharmaceutical companies, in addition, have said they plan to increase prices once the pandemic quote-unquote ends.  But as Johnson and Johnson told investors recently, they get to determine the end of the pandemic, they get to just simply unilaterally declare the pandemic over, and increase prices. AstraZeneca — similar situation.  There were leaked documents showing that AstraZeneca has promised to sell the vaccine at a not-for-profit basis during the pandemic.  But these leaked documents show that they get to declare the end of the pandemic as early as July 1 of this year.
So these companies are eagerly awaiting the opportunity to increase prices.  They are fighting every effort to allow competitors to enter the field, the production of generic vaccines   https://theintercept.com/2021/05/12/intercepted-covid-vaccine-intellectual-property-waiver/
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8)  Yet 10-15 billion annual doses are necessary for global herd immunity. (???)  And now we are learning that vaccines will require regular boosters, meaning the world may well need 10-15 billion doses production capacity year on year.  Big Pharma has a monopoly over vaccine knowledge and technology platforms (and other monopolies!!!) that will determine life and death for millions of people in rich and poor countries alike and decide the fate of the global economy.  These corporations stand to make a lot of money.  They are focused not on global access but on profitable markets https://ny.fes.de/article/the-folly-of-vaccine-monopolies/
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9)  November 05, 2021 by: Ethan Huff
(Natural News)       With an adult population that is 92 percent fully jabbed Ireland currently holds the top spot for injection compliance across the entire European Union. Ireland also has the most hospitalizations for “covid” out of any other country in Europe….
  Dr. Anne Moore, a vaccine specialist at University College Cork, is saying that the spread of vaccine-induced illness in Ireland will not subside until, get this: more vaccines are introduced.  She calls these new novel injections “transmission-blocking vaccines,” meaning they have to correct the damage caused by the first vaccines. Somehow this will “flatten the curve” and end the plandemic.
“We will eventually have to boost the rest of the population … because we are going to see a huge increase in the number of cases,” Moore added in a statement. https://www.naturalnews.com/2021-11-05-ireland-highest-covid-infections-adults-fully-vaccinated.html
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10)   Genetically-altered mouse models, a biotechnology pioneered by the Jackson Laboratory and now widespread in China’s military research centers, was a technique critical to the creation of COVID-19.
Pre-adaptation for human infection can be achieved in the laboratory by repeatedly exposing bat coronaviruses to genetically-engineered mice that express the human angiotensin converting enzyme 2 receptor (ACE2), a process known as serial passage.
According to Tao Wang, General Manager of Jiangsu Jicui Yaokang Biotechnology Co., Ltd. in Nanjing, U.S. scientists Ralph Baric of the University of North Carolina and Stanley Perlman of the University of Iowa donated their ACE2 genetically-engineered mice to China.
Although the Baric and Perlman mouse models adequately express the human lung ACE2 receptors, they did not fully express human ACE2 receptors found in brain, heart, kidney, and the gastrointestinal system.  Chinese scientists built upon the Baric and Perlman mouse models creating a genetically-engineered mouse that fully expressed the human ACE2 receptors, thus simulating the human infection to a greater extent.
-Lawrence Sellin, Ph.D. and Anna Chen   https://www.thegatewaypundit.com/2021/11/explosive-report-scientific-treason-u-s-traitors-driven-greed-betting-success-china/
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11)  President Biden’s much-touted vaccine mandate for businesses with 100 employees or more met a roadblock on Saturday when the U.S. Court of Appeals for the Fifth Circuit Court issued a temporary stay blocking the mandate while considering a permanent injunction.
  The ruling from a three-judge panel on Saturday resulted from a stay sought by the states of Texas, Utah, Mississippi and South Carolina, as well as several businesses that opposed the Biden plan.  The states and businesses filed a petition of review of the agency action, which goes directly to a federal appeals court instead of a one-judge federal district trial court.
   “Because the petitions give cause to believe there are grave statutory and constitutional issues with the Mandate, the Mandate is hereby stayed pending further action by this court,” the judges wrote….
  Texas Attorney General Ken Paxton celebrated the court ruling on Saturday.
“Yesterday I sued the Biden Admin over its unlawful OSHA vax mandate. WE WON.  Just this morning, citing ‘grave statutory and constitutional issues,’ the 5th Circuit stayed the mandate,” Paxton tweeted.  “The fight is not over and I will never stop resisting this Admin’s unconstitutional overreach!”
 https://t.co/Vbez0HL9t5
— Attorney General Ken Paxton (@KenPaxtonTX) November 6, 2021     The initial lawsuit alleged that President Biden did not have the authority to issue such a sweeping public health mandate, arguing that it would cause severe economic fallout, according to The Hill.
  “Its unlawful mandate will cause injuries and hardship to working families, inflict economic disruption and staffing shortages on the States and private employers, and impose even greater strains on struggling labor markets and supply chains,” a filing from a coalition of attorneys general led by Missouri Attorney General Eric Schmitt alleged.
  The ruling does not create legal precedent, but it is an important victory for challengers as it could signal which way the court would go on the merits as the case moves forward.  the panel of the New Orleans-based appeals court wrote that all future cases, appeals, motions and petitions on this issue in that jurisdiction shall be assigned to that same three-judge panel under this docket number.
The judges are Edith Jones – an appointee of President Ronald Reagan and one of the most respected and brilliant conservative federal appeals judges in the nation, and Kyle Duncan and Kurt Engelhardt, both appointed by President Donald Trump.
  The case is BST Holdings v. OSHA, No. 21-60845 in the U.S. Court of Appeals for the Fifth Circuit.     https://www.breitbart.com/politics/2021/11/06/federal-appeals-court-temporarily-halts-bidens-vaccine-mandate/
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