Father of discharged Marine sues over anthrax vaccine

Associated Press

March 7, 2001

 

The father of a Marine who was discharged after refusing the anthrax vaccine sued the military Wednesday over the distress he says the matter caused his wife.

James N. O’Neil, the father of former Pfc. James M. O’Neil, sued former President Clinton, former Defense Secretary William Cohen, current Marines Commandant James Jones and former commandant Charles Krulak. He also sued U.S. Rep. John Murtha, R-Pa.; he said that was because the congressman ignored his letters during the dispute.

A Marine spokesman at the Pentagon who would not identify himself and Murtha’s spokesman, Brad Clemenson, declined to comment.

The younger O’Neil, now 23, took the first three shots in the series of anthrax vaccines, refused the last three and received an honorable discharge in December 1999 because of his mother’s poor health. He is now training to be a guard at the maximum-security state prison in Greensburg, Pa.

His father, who is representing himself in the case, said he hopes to challenge the Marines over the anthrax program before a federal jury.  He said his son didn’t know that he filed the suit. The younger O’Neil could not be reached for comment Wednesday by The Associated Press.

“I would like to get before a jury and ask if any of them would be willing to volunteer for an injection, or volunteer their sons or daughters to take these shots. Perhaps we can work that out,” the elder O’Neil said from his home in Rochester Mills, Pa.

He said two of his son’s shots came from one batch of medicine, lot No. FAV 036, that he says was left unrefrigerated for 20 hours.

He is asking for $533,000 to cover the medical bills for his wife, Martha, 47, for her “fear, anguish, loss of weight, loss of hair, extreme anxiety, panic attacks and depression.”

He said his wife is “almost 100 percent recovered” 15 months after their son’s discharge but needed therapy with a psychologist because of her anxiety over the vaccines.

He said she feared their son would develop a fatal illness from the medicines. Defense Department spokesman Kenneth Bacon has said the shots are safe and the best defense against germ warfare.

O’Neil, who described himself as a “patriot” in his lawsuit, alleged that the military violated not only U.S. law but also the Nuremberg Code, the doctrine applied to Nazi war criminals. It says humans should not be subjected to experiments unwillingly.

“These boys really had no choice. They would be disobeying a direct order if they refused these shots,” said O’Neil, a retail theft prevention specialist and former Army policeman.

In December, military officials said they would limit shots to personnel in the Persian Gulf to preserve supplies. Several members of the Navy, Air Force and Army have been prosecuted for refusing the shots, and O’Neil said he will call some of them as witnesses.

 

 

 

 

 

Our Anthrax information web site: http://www.dallasnw.quik.com/cyberella/

PETITION TO OVERTURN/REPEAL FERES DOCTRINE http://www.i-charity.net/ptn/80 

To visit Dr. Meryl Nass’s web site, go to: http://www.anthraxvaccine.org

Also visit:  http://www.MajorBates.com/ and http://www.enter.net/~jfsorg/

http://www.jamesmadisonproject.org/importantlinks.html and

http://www.aboutanthrax.org

Anthrax Vaccine Network proposal  http://www.anthraxvaccine.net 

http://www.house.gov/reform/hearings/healthcare/00.10.03/accountability.doc

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