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Congressional hypocrites: Total liability protection, bad for guns, great for vaccines

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1022019

Representative Adam Schiff  (D-CA-28) is at it again. Schiff, along with Sen. Richard Blumenthal (D-CT), introduced a bill, Equal Access to Justice for Victims of Gun Violence Act (H.R. 3214and Blumenthal’s S1779), that would repeal a 2005 law that gives gun manufacturers complete legal liability protection from harm done with their products. The arguments that Schiff, Blumenthal and their colleagues make to repeal  gun manufacturers' legal liability protection are exactly the same arguments we make about the complete legal liability protection given to the vaccine industry. Yet Schiff is one of the loudest advocates for the vaccine industry in Congress.

The Autism Action Network takes no position on issues related to firearms, or the merits or demerits of Schiff and Blumenthal's gun bills. This is not about guns. It is about their rank hypocrisy on the denial of legal rights that are at the foundation of 1000 years of Anglo-American jurisprudence to the victims of vaccine injury. Schiff and Blumenthal argue that the denial of fundamental human and constitutional rights is unacceptable for one group of Americans injured by the products of an un-favored  industry, but perfectly acceptable for Americans injured by the products of a favored industry.

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     Schiff's and Blumenthal's bills would repeal the 2005 Protection of Lawful Commerce in Arms Act (PLCAA) which prohibits civil actions against a firearm or ammunition manufacturer, seller, importer, dealer, or trade association for damages resulting from the criminal or unlawful misuse of a firearm.

     Schiff, you may recall, is the author of H. Res. 179,Recognizing the importance of vaccinations and immunizations in the United States, a resolutionwhich among other claims asserts, "that there is no credible evidence demonstrating that vaccines cause life-threatening or disabling diseases in healthy children or adults". Schiff is also the prime mover in Congress pushing Google, Facebook and other tech giants to censor any criticism of vaccines or the vaccine industry.

The key to the enormous growth of the global vaccine industry since the 1980s is the National Childhood Vaccine Injury Act of 1986 (NCVIA). The key part of the NCVIA is the complete removal of liability for any injury caused by a vaccine given to vaccine manufacturers, and doctors who administers the vaccine. Vaccines are the only medical products that both the manufacturer, the doctor who gives it, and the governments that increasingly force them to be injected into children, will not stand behind.

     If you read Schiff"s press release and substitute the word "vaccine" for "gun" you would have exactly the same argument vaccine rights advocates make about the NCVIA. The statements below are taken from press releases and news stories about the gun bill. We replaced the word “gun” with the word “vaccine.”

     "The VACCINE industry should not enjoy special privileges and protections," said Rep. Schiff. “This bill would pierce the VACCINE industry's liability shield by putting an end to the special protections the VACCINE industry receives when they shirk their fundamental responsibility to act with reasonable care for the public safety. Victims of VACCINE violence deserve their day in court."

     "Americans are fed up with special interests avoiding accountability, and nowhere is that painfully clearer than the special immunities that VACCINE manufacturers, distributors, and dealers get in the form of a federal liability shield. This shield has protected theVACCINE industry from meeting accountability standards that other industries must meet," said Rep. Debbie Mucarsel-Powell. 

     "Responsible actors in the VACCINE industry don't need this limitation on liability. And the irresponsible ones don't deserve it," Schiff told reporters at the announcement of the bill.

     State and federal courts have "dismissed numerous cases against the VACCINE industry," said Schiff adding that other cases were likely not brought at all.

    "All we're doing through this proposal is giving victims of VACCINE violence their day in court," said Sen. Richard Blumenthal, D-Conn., a co-sponsor of the Senate version of the bill. "Every other industry has to pay punitive damages if it intentionally and purposefully violates [a] standard of care" toward the community.

     Probably the most important protection given to the vaccine industry by the NCVIA is the denial of the right to discovery, the ability to compel a defendant to produce documents and other evidence, and the right to subpoena witnesses. But Blumenthal in a statement criticizes the gun law saying, "Victims in these cases were denied the right to even discover or introduce evidence."

     Blumenthal even acknowledges the benefits that basic legal protections give to make safer products and even singles out the drug industry! "That will provide a powerful incentive as it has done in tobacco, in automobiles, in pharmaceutical drugs, for safer products," Blumenthal added.

     We have no position on Equal Access to Justice for Victims of Gun Violence Act. But any member Congress who supports that bill but at the same time refuses to see the gross injustice perpetrated against vaccine-injured Americans, the vast majority of whom are infants when the injury occurs, is a hypocrite of the worst sort.  The just thing to do is to restore the basic legal rights of a jury trial, with a real judge, the right to discovery and the right to subpoena guaranteed for every other civil but was stolen from Americans by the National Childhood Vaccine Injury Act.

     Please share this message with friends and family, and please share on social networks before Schiff gets us completely banned.

 

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