Patricia Finn, Esq.
In a surprising decision in the case of Phillips vs City of New York, 1:12-cv-00098, the Federal Court in the Eastern District of New York dismissed the lawsuit of a little girl named Mary Check that challenged the necessity and constitutionality of New York City's school immunization program. Judge William F. Kuntz, III indicated in the opinion that the law involving the childhood immunization program in New York is well settled, thus the constitutionality of the vaccine program is "too well established" to require discussion. The Court dismissed Mary's case without allowing the trial to go forward that was scheduled to begin on June 30th in Brooklyn. Plaintiffs are appealing the June 5, 2014 decision dismissing the case because the law requiring vaccines for school children is far from well settled, the practice of vaccinating is dangerous, and we most definitely do not experiment on children in the United States.
The Court in its opinion described a scenario in which the Judge’s hands are tied at the District Court level in Little Mary’s case by United States Supreme Court precedent set over 100 years ago in the matter of Jacobson vs. Massachusetts, 197 US 11 (1905), an important case which held a state may exercise "police power" over the citizenry forcing its people to vaccinate. On June 7, 2014, Plaintiffs filed for an expedited appeal in the United States Court of Appeals for the Second Circuit not necessarily challenging the "police power" of Jacobson, but challenging the necessity of the approximately 69 doses of 16 different diseases recommended for children by the CDC before the age of 15. These are important questions because the effectiveness of vaccines is not as clear as you may think. It's time we take a closer look at the evidence surrounding the value of vaccination, and seriously question why so many shots and why are we targeting the children?
The due process rights of Americans, protected by the United States Constitution, guarantee that an individual in this Country can refuse injections that could potentially harm or kill them for any reason be it medical, religious or otherwise. And you don’t have to ask for that or prove you are entitled to the relief, it is a guarantee to all Americans. The parents who refuse vaccines on behalf of their children are not suggesting that the illnesses at issue are not sometimes very serious, and yes kids do die from them and a loss so great is unimaginable. It is indeed frightening, but children are also getting sick and dying from vaccines. One prominent school of alternative medical thinking is that childhood diseases are necessary to build immunity making the body stronger, and that vaccines interfere with natural immunity. A great deal of research shows vaccine ineffectiveness concluding the shots in reality can do more harm than good. Are vaccines a Big Pharma lie?
Most kids in the United States however make it through okay and don’t really need experimental injections to stay healthy, but not all of them. A few days before Christmas a healthy six year old little girl named Kaylynne Matten became ill after receiving a seasonal flu vaccine and sadly she died a few days later. What is so disturbing about Kaylynne's case is that after she died nobody from the other side of this unspeakable tragedy was called upon to show that the flu vaccine that killed Kaylynne was even necessary or much less effective. Under the Vaccine Compensation Program Kaylynne's parents can receive a death benefit of $250,000.00, and federal law pre-empts any other form of recovery for her death. Any legal challenges to safety of the shot Kaylynne received is off the table too because manufacturer's are shielded from liability under the 1986 Vaccine Act. Despite what Pharma puts out there and the fear the media instills in all of us, the proof about the safety and necessity of the vaccine program is contravened by a growing body of scientific evidence showing a failure of the vaccination program and the devastating harm it can cause.
Some researchers working for Pharma say we need more and more shots to achieve "herd immunity." Routinely boosters are often required to because routinely vaccines often fail. On the other hand, doctors and parents out there are saying "let's slow down here and look at this more closely" because children are being targeted here, and manipulation of disease for profit without liability is a dangerous practice. Under the Jacobson precedent, the Court in Philips made reversible error because Jacobson does not preclude judicial review of vaccine mandates, it requires judicial review. Jacobson requires the Court to hear the Phillips case including the parents' objections raised to the controversial flu vaccine targeted for New York City toddlers this upcoming September. Jacobson has been misapplied, and the Phillip's case dismissed in error. The Phillips case must be heard by the Court because the lawsuit is just as much about the value and necessity of vaccine mandates as it is about the "police power" to force people to vaccinate. These are the grounds for Plaintiff's appeal to the Second Circuit of the dismissal of their case.
Since 1986, the Vaccine Court has awarded nearly $3 billion dollars in damages to people who were injured or died from the vaccinations. Kaylynne’s case is now before the Vaccine Court because Pharmaceutical companies in the United States are shielded from liability under current federal law creating little incentive to produce safe vaccines. Where is the control, the safety, the common sense? Research has shown that simple handwashing is a far better method for insuring public health and safety than vaccines, and no one has died ever from washing their hands. Vaccines are big business an estimated three trillion dollar a year money maker for pharmaceutical companies, and no liability for design defects or mistakes, and no product marketing required because under the "police power" of Jacobson you are being forced to vaccinate your children. And what about the push to inoculate the health care workers? They too are being unfairly targeted by the vaccine mandates. Misting health care workers with experimental diseases and sending them into surgery or to care for the infirmed lacks common sense. These types of unsafe practices and mandates could potentially trigger an outbreak of a normally benign illness or worse.
This coming September all pre-schoolers in New York City will be required for the first time to get the flu vaccine before entering school. New York City has the most aggressive vaccine mandate directed at pre-schoolers in the world. These facts alone require the Court hear the evidence and to evaluate the necessity of the New York City vaccine mandates under Jacobson. And if you think it is because of so-called "herd immunity" then think again. Herd immunity is a fallacy because even if every child in the United States was injected the majority of the herd, the adults, are not. Any West Texas cattle-rancher will tell you that's not how you immunize a herd. What we have here is "herd mentality." We are being brainwashed by Big Pharma and frightened into trusting in elixirs, potions and needles that purport to protect us when the scientific proof being offered about safety and herd immunity is unreliable and bias coming from the very pharmaceutical companies making the shots.
Children in the United States are being deluged with vaccines because of fear mongering and profit. Mobilizing our children to line up and inject should not be taken lightly, after all what if it is weird science out of control, or maybe just a dose of bad shots because the contractors making and transporting the vaccines are skimming on ingredients, safety controls or refrigeration. And what if the Pharma factory workers simply could care less if the shots are safe? It's hard to say for sure. Many of the flu vaccines being distributed to New York City kids come from poorly regulated laboratories in China and elsewhere outside of the United States. What is clear is that New York City parents who are refusing the flu vaccine for their preschoolers are not saying you can’t get the shot if you want it, but we are saying please do so with caution because the rest of us may be affected.