Victims of vaccine damage can sue manufacturers in the US

It’s happening now…

by Jon Rappoport

May 7, 2017

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Major media aren’t giving this story the coverage it deserves. I certainly am.

Short question: Can a person sue a US vaccine manufacturer?

Short answer: Under certain conditions, yes.

Note: I’m not framing this article as professional legal advice. I’m reporting what I’ve been able to dig up on a very explosive issue so far. I’ve communicated with two lawyers and a law professor. I’ve been pointed to an important passage on a federal web page.

Right now, lawyers and their clients are suing Merck, the manufacturer, for injuries incurred from Merck’s shingles vaccine, Zostavax.

Among the claimed injuries: contracting shingles; blindness in one eye; partial paralysis; brain damage; death.

One of the plaintiffs’ attorneys told me he has already filed two cases in California. Each case has 50 plaintiffs. He states he has 5000 clients waiting in the wings. There are other attorneys with other plaintiffs.

But wait. Isn’t there a federal law that bars people from suing vaccine manufacturers?

Isn’t that law the 1986 Childhood Vaccine Injury Act? Doesn’t it demand that people go to a special federal “vaccine tribunal/court” and plead for compensation from the government?

Aren’t vaccine manufacturers shielded from liability for causing injury?

Well, it turns out there are exceptions to the rule.

Adult vaccines are not part of the 1986 federal law.

The law shielding vaccine companies only applies to childhood vaccines.

The Merck shingles vaccine is only for adults.

The special federal “vaccine tribunal/court” is established as part of the National Vaccine Injury Compensation Program (VICP). This is where parents who claim their children were injured by vaccines must go, to ask for compensation from the government—not from vaccine manufacturers.

But on a web page of the US Dept. of Health and Human Services, under “Health Resources and Services Administration,” we see “Frequently Asked Questions.” And we read this rather opaque statement:

“In order for a category of vaccines to be covered, the category of vaccines must be recommended for routine administration to children by the Centers for Disease Control and Prevention…” [Note: On this clumsy FAQ web page, you have to click on “View Answer” under the following question to see it: “If a new vaccine product is licensed, what needs to occur before the vaccine will be covered by the National Vaccine Injury Compensation Program (VICP)?”]

What does “covered” mean? It means “covered exclusively by the federal compensation program.” It means a parent who believes her child has been injured by a vaccine goes to the special federal “court.” The vaccine must be FOR CHILDREN. However, an adult seeking compensation for vaccine injury, FROM AN ADULT VACCCINE, would, with a lawyer, argue his case in ordinary state or federal court. That adult would sue the vaccine manufacturer.

This message from the federal government is clear. The ban against suing vaccine manufacturers only applies to vaccines recommended for children (and pregnant women). The ban does not apply to adult vaccines.

Naturally, adults are going to be interested in seeing a list of adult vaccines, because in the case of vaccine-injury, these people can and must go to ordinary state or federal courts and sue the vaccine manufacturer. And they can sue for punitive damages. This is what scares vaccine manufacturers. Punitive-damage money can soar into the stratosphere.

Here, from the Centers for Disease Control (CDC) is the list of adult vaccines: Influenza; Td/Tdap; MMR; VAR; HZV (shingles); HPV Female; HPV male; PCV13; PPSV23; HepA; HepB; MENACWY/MPSV4; MenB; Hib.

However, some of the vaccines on this list are recommended for both adults and children. When a vaccine is recommended by the CDC for both adults and children, adults seeking compensation for vaccine-injury would not be permitted to argue their cases in ordinary courts and sue the manufacturer. Instead, they would have to go to the special federal vaccine “court” and try to obtain compensation from the government.

It will be very important to see what happens as these lawsuits against Merck and their shingles vaccine move forward. Many tactics will be deployed. Right now, in one suit filed in Philadelphia, Merck is arguing for a change of venue. Change of venue often signals an attempt to find a more friendly court.

We’re in the beginning stages of a struggle.

Plaintiffs’ attorneys have high hurdles to climb. Among them: causation. How do you prove a vaccine “caused” an injury? I’m not talking about truth, common sense, or even conventional medical standards. I’m talking about legal proofs, and what is admissible in court. That territory is a Twilight Zone of complexity.

Stay tuned.

Lawsuits for vaccine injury, against one of the biggest pharmaceutical companies in the world (Merck), are sprouting like weeds. Will judges find a reason to cut them off, or will they proceed to trial? Will these lawsuits inspire other attorneys and their clients to sue vaccine manufacturers for injury from other adult vaccines?

Is this going to build to a tsunami?

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Jon Rappoport

The author of three explosive collections, THE MATRIX REVEALED, EXIT FROM THE MATRIX, and POWER OUTSIDE THE MATRIX, Jon was a candidate for a US Congressional seat in the 29th District of California. He maintains a consulting practice for private clients, the purpose of which is the expansion of personal creative power. Nominated for a Pulitzer Prize, he has worked as an investigative reporter for 30 years, writing articles on politics, medicine, and health for CBS Healthwatch, LA Weekly, Spin Magazine, Stern, and other newspapers and magazines in the US and Europe. Jon has delivered lectures and seminars on global politics, health, logic, and creative power to audiences around the world. You can sign up for his free NoMoreFakeNews emails here or his free OutsideTheRealityMachine emails here.

26 comments on “Victims of vaccine damage can sue manufacturers in the US

  1. Oliver K. Manuel says:

    Thanks, Jon. A doctor tried to get my wife to get a shingles shot Friday!

    Does this new post mean that your site, No More Fake News,” has been fully restored?

  2. I expect that with the high number of adult vaccines that are currently developed the immunity will soon get extended to all vaccines.

    In Australia the immunity does go for all vaccines, but you can sue if a vaccine had a flaw or otherwise there was something “wrong” with it. Any damage, by any vaccine, that is caused by the dangerous design of the vaccine is covered by immunity. It’s completely insane.

  3. swo8 says:

    Good information, Jon, thanks for getting this information out.

  4. Oliver K. Manuel says:

    Can the conflict of individuals with authorities be reduced to a single statement, like . . .

    “Improved awareness (contact) of Reality, Truth, God is a common . . .

    1. Personal goal of science, religion, experimentation, meditation, contemplation, measurement and prayer, and . . .

    2. Social threat to tyrants of all political persuasion?

  5. Susan McLean says:

    Hooray. As a retired lawyer who used to litigate in federal court with some frequency, I believe the 1986 law is unconstitutional. Ronald Reagen said he thought it was unconstitutional when he signed it. Although the substantive and procedural due process clauses have eroded over time as more statutory law usurps them, a good lawyer should be able to make a case that this law deprives people of life, liberty or property without due process of law under the 5th amendment by federal government and potentially the 14th amendment under any similar state law.

  6. Great find Jon and thank you!

  7. Dante says:

    I am in such a better mood now. I really needed that. Popcorn is fully stocked. Justice, I guess we will see if it still exists.

  8. Bob Lee says:

    Incorrect – See:–No-Vaccine-Mandates-.aspx

    The US Supreme Court extended the indemnification of vaccine manufacturers to all injuries resulting from US government mandated vaccinations in a ruling dated Feb 22, 2011 in the case Russell Bruesewitz et al v. Wyeth et al. No. 09-152. Argued October 12, 2010 – Decided February 22, 2011.

  9. robertwachsmuth says:


  10. Stephanie says:

    Does anyone know if there are any loopholes that allow law suits on behalf of pets that were vaccine injured?

  11. Greg Sanders says:

    Can a person who received polio vaccine injections in 1957 and 1958 and who subsequently developed mesothelioma sue the manufacturer(s) of the vaccines?

    • Sue Bauman says:

      Was there asbestos in those vaccines? My father died of meso. He was exposed in many different venues – all respiratory. It is my understanding that meso is caused by inhaling asbestos fibers which then lodge in the lungs. Is this a new finding with vaccines? I am sure the vaccine industry is copying many of the nasty tactics used by the asbestos industry & then the tobacco industry to avoid prosecution… 🙁

  12. Mitch says:

    Thanks for the info, Jon… I wonder if any legality applies to the Anthrax and Smallpox vaccines administered to deploying troops for Iraq / Afghanistan???

    I have been looking, and of course the VA is a brick wall…

  13. james says:

    can rixta francis expand on what immunity is offered to vaccine manufacturers in australia

    • The law in Australia. If you get injured by the dangerous design of vaccines, then you cannot sue. Only in extreme, unusual cases you can sue. E.g. when a vaccine is expired and spoiled, or if there is glass in it. You will still have to prove that one caused the other and the chances of winning are very slim. This goes for all vaccines, not just the ones of the childhood schedule.

  14. Betty DiDario says:

    Thank you. THANK YOU. T H A N K Y O U
    I’ve been through a nightmare. One doctor told me , This is going to go down in history as one of the greatest crimes against humanity.”

  15. Not in Canada our antiquated Monarchist laws prevent Canadians from democratic due process no Canadian court has found for the petitioner in Canada NOR DO WE LIKE 18-19 OF THE G20 COUNTRIES HAVE A VACCINE COMPENSATION PROGRAM no fairness or justice for the dead and vaccine injured in Canada. Bob Martin GBS Survivor and NOW crusader.

  16. Janet Sellers says:

    So much for American morality and values of Motherhood and family,,,i.e. children. I say we shut down these absurd regulatory agencies…EPA, FDA, CDC, USDA….no one elected them to office or gave them legislative powers…!!

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