The 99th Congress That Called Vaccines “Unavoidably Unsafe”

By Ginger Taylor

The 99th Congress That Called Vaccines “Unavoidably Unsafe”

By: Ginger Taylor

Meet the original “Conspiracy Theorists,” Ronald Reagan and the members of the 99th Congress, who, in 1986, passed into law the “medical misinformation” that vaccines were “unavoidably unsafe” and potentially caused autism.

Last week Senator Elizabeth Warren (D-MA) sent Robert F. Kennedy, Jr., President Trump’s nominee for Secretary of Health and Human Services, a scathing letter accusing him of, among other things, “dangerous views on vaccine safety” and “false hysteria that vaccines cause autism.” The letter included 175 questions that she said he should be prepared to answer at his Senate confirmation hearings. But in her letter, she exposes her own ignorance of federal vaccine policy and the laws passed by her own legislative branch.

In 1986 the House of Representatives passed the National Childhood Vaccine Injury Act (42 U.S.C. §§ 300aa-1 to 300aa-34) by a voice vote. Senator Warren should know that her current Senate Minority Leader Senator Chuck Schumer (D-NY) was, at the time, a member of the House and should presumably know that the bill that was passed to give vaccine makers liability protection from civil claims when a child was killed or seriously injured by a vaccine, and placed all vaccines administered to children in the legal category of “unavoidably unsafe” medical products, which means a product that cannot be made safe for its intended use.

In 2018, Mary Holland, JD, then the Director of the Graduate Legal studies program at New York University School of Law, and now Chief Executive Officer of Children’s Health Defense, a non-profit organization founded by Kennedy, remarked on the legal standing of the safety of vaccines:

The key language about “unavoidable” side effects comes from the National Childhood Vaccine Injury Act, 42 USC 300aa-22, re manufacturer responsibility (see bold text below).

That language was based on language from the Second Restatement of Torts (a legal treatise by tort scholars), adopted by most state courts in the mid-1960’s, that considered all vaccines as “unavoidably unsafe” products. The Restatement opined that such products, “properly prepared, and accompanied by proper directions and warnings, is not defective, nor is it unreasonably dangerous.”

Further the 2011 SCOTUS ruling in the Bruesewitz v. Wyeth case interpreted the highlighted text below from the National Vaccine Injury Act to find that it did not permit design defect litigation – that issue had been unclear since 1986, and different state high courts and federal circuits had decided the issue differently. So, [it] is correct that the US Supreme Court (SCOTUS) never decided that vaccines are “unavoidably unsafe” directly, but it acknowledged that Congress considers them to be so.

Sec. 300aa-22. Standards of responsibility

(a) General rule

Except as provided in subsections (b), (c), and (e) of this section State law shall apply to a civil action brought for damages for a vaccine-related injury or death.

(b) Unavoidable adverse side effects; warnings

(1) No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated 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 accompanied by proper directions and warnings.

(2) For purposes of paragraph (1), a vaccine shall be presumed to be accompanied by proper directions and warnings if the vaccine manufacturer shows that it complied in all material respects with all requirements under the Federal Food, Drug, and Cosmetic Act. See https://www.ageofautism.com/2018/11/the-supreme-court-did-not-deem-vaccines-unavoidably-unsafe-congress-did.html

What few know, even among their own memberships and supporters, is that the following medical authorities consider vaccines unsafe:

The American Academy of Pediatrics (“AAP”)

The American Medical Association (“AMA”)

The American Academy of Family Physicians (“AAFP”)

The American College of Osteopathic Pediatricians (“ACOP”)

The American College of Preventive Medicine (“ACPM”)

The American Public Health Association (“APHA”)

The Association of State and Territorial Healthcare Officials (“ASTHO“)

The Center for Vaccine Awareness and Research at Texas Children’s Hospital in Houston

Every Child By Two, Carter/Bumpers Champions for Immunization (“ECBT”)

Immunization Action Coalition (“IAC”)

Infectious Diseases Society of America (“IDSA”)

The March of Dimes Foundation

Meningitis Angels

The National Association of Pediatric Nurse Practitioners (“NAPNAP”)

The National Foundation for Infectious Diseases

The National Healthy Mothers, Healthy Babies Coalition

The National Meningitis Association, Inc. (“NMA”)

Parents of Kids with Infectious Diseases (“PKIDs”)

The Pediatric Infectious Diseases Society (“PIDS”)

The Society for Adolescent Health and Medicine (“SAHM”)

The Vaccine Education Center at the Children’s Hospital of Philadelphia (“CHOP”)

When the family of Hannah Bruesewitz, a child injured by Wyeth’s Tri-Immunol DTP vaccine, challenged the 1986 Act in the Supreme Court for the right to sue Wyeth for Hannah’s severely disabling vaccine-adverse event, these organizations filed an amicus brief in support of Wyeth, asking the court to uphold the law that protects vaccine makers from liability for injury or death arising from any vaccine licensed by the FDA and recommended for children by the CDC’s Advisory Committee on Immunization Practices (“ACIP”). They even went as far as to argue against the idea that each vaccine should be individually evaluated for the “unavoidably unsafe” status, stating in their brief

Case-by-case consideration of whether vaccines are unavoidably unsafe, on the other hand, would “undoubtedly increase the costs and risks associated with litigation and would undermine a manufacturer’s efforts to estimate and control costs.”(citing Bruesewitz v. Wyeth Inc., 561 F.3d 233, 249 (3d Cir. 2009).

Brief Amici Curiae Of The American Academy Of Pediatrics and 21 Other Physicians and Public Health Organizations In Support Of Respondent [Wyeth LLC], at 25.

The organizations’ position that vaccines are unavoidably unsafe taken before the legislative and judicial branches of the federal government has caused consternation in parents and vaccine safety and choice advocates for decades, because many of these same organizations argue the exact opposite – that vaccines are safe – when they appear before state legislatures in support of school vaccine mandates and in opposition to vaccine exemptions.

A lobbyist for the pharmaceutical industry may argue over breakfast in Washington, DC that vaccines are “unavoidably unsafe” and then drive to Annapolis at lunchtime and testify that Maryland should remove religious exemptions to vaccines required for school entry because “vaccines are safe.”

Attempts to have these organizations explain their conflicting positions met with stonewalling.

In 2015, the Maine Chapter of the American Academy of Pediatrics argued for the removal of and/or restrictions to the religious and conscientious objections to mandated childhood vaccines. The Executive Director of the Maine AAP, Dee Kerry deHaas, testified in writing that this should be done because “vaccines are safe,” but when testifying in person, said that vaccines are “mostly safe.” In my response to her, as the then Director of the Maine Coalition for Vaccine Choice, I asked several questions arising from her testimony, including the following questions:

How can the AAP argue that vaccines are “unavoidably unsafe” in the Supreme Court in order to convince the federal government to grant you liability protection from vaccine injury, and then argue that, “vaccines are safe,” and “vaccines are mostly safe,” before this committee in order to convince the State of Maine to mandate that families receive counseling/buy vaccines from you?

Are vaccines, “safe,” “mostly safe,” or “unavoidably unsafe?”

How do such widely contradictory statements engender trust in vaccines and in pediatricians?

Her response to my questions:

Ms. Taylor,

On behalf of the Maine AAP, I acknowledge receipt of your email and list of questions. I understand that our organizations have different perspectives in the vaccine debate. Each perspective has been aired in the legislative hearings and sessions with regard to these vaccine bills in the First Regular Session of the 127th Maine Legislature.

I respectfully decline to respond to your list of proposed questions or to continue the debate with you through electronic correspondence or social media.

Dee deHaas
Executive Director
American Academy of Pediatrics, Maine Chapter

Those advocating under this nonsensical construct quip that vaccines are unsafe, but only in DC.

Parent of a vaccine-injured son, Kim Spencer of The Thinking Moms’ Revolution, noted of the vaccine industry, “their claim that vaccines are ‘unavoidably unsafe’ won them liability protection, their claim that ‘vaccines are safe’ won them school and work mandates, but their claim that both are true has won them the distrust and contempt of parents.”

Senator Warren also accuses Mr. Kennedy of having, “spread false hysteria that vaccines cause autism.” But Kennedy has only done what Warren’s Congressional colleagues did 20 years before he began in vaccine safety advocacy; promote research into the vaccine-autism link and any link between vaccines and other childhood disorders.

Congress, while giving liability protection to vaccine makers with the 1986 Act, also ordered HHS to study links between the pertussis vaccine and more than a dozen conditions, including autism:

SEC. 312. RELATED STUDIES.

(a) REVIEW OF PERTUSSIS VACCINES AND RELATED ILLNESSES AND CONDITIONS.—Not later than 3 years after the effective date of this title, the Secretary of Health and Human Services shall complete a review of all relevant medical and scientific information (including information obtained from the studies required under subsection (e)) on the nature, circumstances, and extent of the relationship, if any, between vaccines containing pertussis (including whole cell, extracts, and specific antigens) and the following illnesses and conditions:

(1) Hemolytic anemia.

(2) Hypsarrhythmia.

(3) Infantile spasms.

(4) Reye’s syndrome.

(5) Peripheral mononeuropathy.

(6) Deaths classified as sudden infant death syndrome.

(7) Aseptic meningitis.

(8) Juvenile diabetes.

(9) Autism.

(10) Learning disabilities.

(11) Hyperactivity.

(12) Such other illnesses and conditions as the Secretary may choose to review or as the Advisory Commission on Childhood Vaccines established under section 2119 of the Public Health Service Act recommends for inclusion in such review. (Ante, p. 3771).

PUBLIC LAW 99–2660—NOV. 14, 1986 100 STAT. 3755

The pertussis vaccine injury inquiry ordered by law in 1986 was undertaken by the National Institutes of Health, carried out by the Institute of Medicine, published by the National Academy of Sciences in 1991, and edited by, among others, none other than Harvard’s Harvey Fineberg, who chaired the Committee to review the Adverse Consequences of Pertussis and Rubella Vaccines. PubMed (a database maintained by the United States National Library of Medicine at the National Institutes of Health) gave the following summary of the final report, titled Adverse Effects of Pertussis and Rubella

Vaccines: A Report of the Committee to Review the Adverse Consequences of Pertussis and Rubella Vaccines:

Parents have come to depend on vaccines to protect their children from a variety of diseases. Some evidence suggests, however, that vaccination against pertussis (whooping cough) and rubella (German measles) is, in a small number of cases, associated with increased risk of serious illness. This book examines the controversy over the evidence and offers a comprehensively documented assessment of the risk of illness following immunization with vaccines against pertussis and rubella. Based on extensive review of the evidence from epidemiologic studies, case histories, studies in animals, and other sources of information, the book examines: The relation of pertussis vaccines to a number of serious adverse events, including encephalopathy and other central nervous system disorders, sudden infant death syndrome, autism, Guillain-Barre syndrome, learning disabilities, and Reye syndrome. The relation of rubella vaccines to arthritis, various neuropathies, and thrombocytopenic purpura. The volume, which includes a description of the committee’s methods for evaluating evidence and directions for future research, will be important reading for public health officials, pediatricians, researchers, and concerned parents. See https://pubmed.ncbi.nlm.nih.gov/25121241/ (emphasis added).

The report’s cursory summary on autism was this: The report’s cursory summary on autism was this:

No data were identified that address the question of a relation between vaccination with DPT or its pertussis component and autism. There are no experimental data bearing on a possible biologic mechanism. (p. 152.)

In other words, we don’t know; no one has ever looked.

But since there was no data to prove a link, because there was no data, they decided to reject the hypothesis and conclude:

There is no evidence to indicate a causal relation between DPT vaccine or the pertussis component of DPT vaccine and autism. (Id.)

Today there is a great deal more data than there was in 1991. This report was published before the dramatic rise in autism rates in the 1990s following the rapid expansion of the number of vaccines given to children once the industry had liability protection from vaccine-induced injuries.

Now, more than 200 papers showing multiple vaccine-autism links exist.

Senator Warren and all those skeptical of Mr. Kennedy’s vaccine critique must understand that he is more informed on vaccine law than the legislators questioning him. The political talking point that Robert F. Kennedy, Jr. is a “conspiracy theorist” if perpetuated, must now extend to the entire Legislative branch of the US Government starting with Democrats like former Congressman Henry Waxman, who wrote and introduced the 1986 National Childhood Vaccine Injury Act.

Senator Warren might also consult with other current members of the US Congress who held seats when the 1986 Act was passed, such as Mitch McConnell (R-KY), Chuck Grassley (R-IA), Steny Hoyer (D-MD), Hal Rogers (R-KY), Ron Wyden (D-OR), Chris Smith (R-NJ, who also sponsored the Combating Autism Act of 2006), and most notably, her own fellow Democratic Senator from Massachusetts, Ed Markey. Warren, like most politicians and doctors, does not understand that the presumption at the foundation of American vaccine policy, and the landmark law that has underpinned that policy for 39 years, is that vaccines are unavoidably unsafe. Robert F. Kennedy, Jr. does.

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First published by the Brownstone Institute.

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On Wednesday, Robert F. Kennedy Jr. will appear before the Senate Finance Committee.

On Thursday, Kennedy will appear before the Senate Health, Education, Labor and Pensions panel.

His Wednesday hearing can be watched at this link.

The full Senate vote will occur after these committee hearings and deliberations, but no specific date has been announced yet.

The final vote for Robert F. Kennedy Jr.'s confirmation as Secretary of Health and Human Services has also not yet been scheduled.

Please get in touch with your senators to voice your support of Kennedy’s nomination: