Legal/political -
Laws/legislation/political
- includes compensation/VICP
March 1-7, 2004
►March 3, 2004 -
House
debates malpractice bill (requires registration) - The Kansas City Star
►March 5, 2004 -
In Texas, Hire
a Lawyer, Forget About a Doctor? (requires registration or subscription) -
The New York Times - "As domestic security director for 16 north Texas counties,
Greg Dawson of Fort Worth has many dealings with doctors and hospitals,
preparing for a terrorism emergency he hopes will never come...So, Mr. Dawson
said, he was stunned this week to find that his name had been added to a
little-known Internet database for doctors attacking "litigious behavior." His
offense: filing a medical malpractice lawsuit against a Fort Worth hospital and
doctor over the death of his 39-year-old wife, whose brain tumor was missed, and
winning an undisclosed settlement."
►March 5, 2004 - Safeguarding
science - A new government panel will attempt to prevent research data from
falling into the hands of terrorists - Newsday
►March 5, 2004 - Bill
seeks to broaden druggists' powers - Measure would let them administer flu
vaccine - The Baltimore Sun
►March 5, 2004 - House
committee votes to kill immunization bill - AP via Charleston Daily Mail -
"A bill that would have allowed parents to refuse to have their children
immunized for religious reasons was killed by a House subcommittee...A House
Health and Human Resources subcommittee voted 6-1 to postpone indefinitely
consideration of the proposal, preventing further legislative action on it this
year."
►March 4, 2004 -
U.S. Lawmakers Push for Drug Monitoring Systems - Reuters via Yahoo!
►March 4, 2004 -
Immunization controversy: Should colleges require the bacterial meningitis
vaccine? - The Stanford Daily - "'I dont think it would be a good policy to
require the vaccine,' said Dr. Ira Friedman, who works at Vaden. 'A vaccine
should be required only when its benefits far outweigh its costs, in dollars and
otherwise. This is not the case for the meningococcal vaccine. Thats why public
health authorities support an educational approach.'...However, other medical
professionals disagree with Friedmans opinions and claim that there is no
significant reason not to get the meningitis vaccine. According to the CDC, the
vaccine proves 85 to 90 percent effective against the most common strains,with
rare side effects of mild redness or slight fever."
►March 4, 2004 -
Immunization
Exemption Debated in W.Va. House - The Intelligencer and Wheeling
News-Register - "Tucker pointed out West Virginia and Mississippi are the only
two states in the nation that do not have the possibility of such exemptions in
their immunization laws, but Mercer said he does not see that as a downside for
the state...'That does not mean we're the two backward (states). We're the two
forward ones,' Mercer said, adding that some states are looking at reversing
their exemptions."
►February 28, 2004 -
Genuine concern or corporate greed? - opinion- Broomfield Enterprise via The
Daily Camera - "Does Senate Bill
139 represent genuine concern or corporate greed? Follow the money...SB 139 will
set forth a statewide database of all Colorado's children. The system will be
used to call parents and coerce them to have their children "fully" vaccinated.
This means the child must have every single recommended vaccine...When I was a
child I only had two immunizations: polio and smallpox. These shots were for
serious diseases that affected large populations. I am truly grateful for
advances in modern medicine that have eradicated deadly diseases. Today, though,
Colorado's children are required to receive 29 vaccinations by the age of 4. The
risk of children contracting some of these diseases is miniscule."
►March 3, 2004 -
Jacksonville Parents File Claim in Vaccine Court (includes video) - First
Coast News - "'The cover-up from all this just drives me crazy.'...It's a
massive cover-up, says Jacksonville mother Cindy Hartman. She's referring to the
potentially damaging effects of a preservative once commonly used in childhood
vaccinations. That preservative, thimerosal, is 49.6 percent mercury, one of the
most toxic substances on the planet."
►March 3, 2004 -
We fight on - Northwich Chronicle via Liverpool Daily Post via
http://iccheshireonline.icnetwork.co.uk - "A FAMILY who have been fighting
for answers for more than 30 years say they will never give up hope of getting
justice for their daughter...Fred and Pat Pye, of King George Avenue, Northwich,
claim their daughter Debbie was left severely disabled when she was given a DPT
injection, a fore-runner of the MMR vaccine, in the late 1960s...Now the couple
have taken their fight to the next level, writing to Conservative Party leader
Michael Howard in a bid for justice for them and the other 500 families in the
region who have found themselves in the same situation."
►February 27, 2004 -
Frist to Bring Up Asbestos Bill by April - Reuters via Yahoo! - "Senate
Republican Leader Bill Frist said on Friday that "good progress" had been made
on a bill to reform the asbestos litigation system, and he planned to bring
legislation to the Senate floor by the end of March or the first week of
April...Frist has been trying to jump-start stalled legislation to end asbestos
lawsuits and replace them with a victims' fund supported by asbestos companies
and insurers."
►February 29, 2004 -
The Mercury Threat: Too Dangerous to Wait (requires registration or
subscription) - letter - The New York Times - "Mercury's harm to fetal and child
development is well documented."
►February 25, 2004 - County
Officials Want Help With Hospital Laws (requires registration or
subscription) - L.A. County and O.C. supervisors ask the governor for legal
waivers and repair funds if facilities lag in nursing ratios and safety. - Los
Angeles Times
►February 26, 2004 - House
approves patients' rights bill - 'Taylor's law' allows testimony before
disciplinary board - The Boston Globe
►February 27, 2004 - Survey
Finds Confusion on Medicare Drug Law (requires registration or subscription)
- Kaiser poll reveals that few seniors understand the new prescription benefits
plan. Education efforts are in the works. - Los Angeles Times
►February 26, 2004 -
EPA
rules on mercury responsible - guest column - The Atlanta
Journal-Constitution
►February 26, 2004 - Vaccine
Program Remedies Must Be Exhausted Before Filing Suit - The Legal
Intelligencer via www.law.com
- "A
couple whose son suffers from autism because of an alleged adverse reaction to
thimerosal, a mercury-based preservative once present in vaccines for newborns,
may not file suit in Pennsylvania against a group of pharmaceutical companies
until they exhaust administrative remedies available through the National
Vaccine Injury Compensation Program, the Pennsylvania Superior Court has
ruled...According to the Superior Court opinion, the federal Vaccine Act of 1986
requires that before commencing any state or federal claims, vaccine claimants
must first file a petition with the "no-fault" compensation program, a special
tribunal of the Federal Court of Claims known as the Vaccine Court and located
in Bethesda, Md."
►February 26, 2004 -
Bush plan for mercury lambasted - Critics say the proposal would actually
weaken control over industry (requires registration) - Charlotte Observer
►February 26, 2004 - Immunization
bill passes Senate - AP via Charleston Daily Mail - "Senators passed a bill
that would expand mandatory immunizations for public school students while for
the first time allowing them to decline shots for religious reasons."
Comment: It is
not clear from this whether or not the ambiguous wording in the bill re:
homeschoolers (i.e., can they be charged with a misdemeanor and fined for not
vaccinating?) has been dealt with.
►February 24, 2004 -Medical
Malpractice Bill Fails To Clear Hurdle - Critics Say Bill Is Bailout For
Insurance Companies - www.ksat.com - "Senate
Republicans failed Tuesday in their latest effort to limit medical malpractice
awards...They fell 12 votes short of the number needed to force the Senate to
consider the bill, which would have capped malpractice awards against
obstetricians and gynecologists...But Democrats say the bill is a bailout for
insurance companies who have made bad investments and that a cap on damages
doesn't lead to lower insurance premiums. They called the bill an election-year
ploy, arguing that capping damages has no impact on insurance costs."
►February 17, 2004 - CDC
granted $250 million appropriation to improve aging labs - AP via
Ledger-Enquirer - "The Centers
for Disease Control and Prevention has been granted $250 million from Congress
to improve its aging buildings and labs, it was announced Tuesday...'We are
extremely proud of what we have been able to accomplish thus far at CDC, but ...
our work is not done,' said Phil Jacobs, co-chairman of the Friends of the CDC
and president of Georgia operations for BellSouth. 'We will not rest until we
see the full $1.4 billion program completely funded.'"
►February 17, 2004 - Parents
reroute efforts to get their son's test - A Lecanto teacher says she and her
husband dropped their FCAT lawsuit but will work to reform state law. - St.
Petersburg Times - "In October, Castillo and her husband, Joseph, who live in
Brooksville, filed a legal action seeking the release of her son's results on
the Florida Comprehensive Assessment Test. Since her son Jordan is autistic and
children with autism have trouble with language, Castillo argued that in order
to help her son improve his score, she needed to know what he was asked and how
he answered...A month after the lawsuit was filed, Department of Education
officials told the Castillos that the department would not release the test and
that, if the Castillos didn't drop their lawsuit by this week, they could be
ordered to pay the state's legal fees."
►February 23, 2004 - States
boosting doctor oversight - A New Jersey bill aims to bring quicker reviews
of complaints against physicians; a South Dakota bill toughens discipline
standards. - www.ama-assn.org
February 14, 2004 -
Doctor immunity key to secrecy - The West Australian - "THE
State's Deputy Coroner wants doctors and other health professionals to be
shielded from legal action in a bid to ensure all information is gathered during
the investigation of unexpected deaths...Evelyn Vicker said doctors would be
more inclined to reveal vital information if they didn't fear being sued. Ending
secrecy also would help to restore public confidence in the health system."
►February 11, 2004 -
Obesity Immunity Bill - AP via www.wtol.com
- "Lawmakers on Wednesday recommended passage of a
bill to protect burger joints and other food suppliers from lawsuits filed by
people who claim they got fat eating the companies' products."
►February 9, 2004 - When
Judges Play Doctor - Wall Street Journal via
www.immunizationinfo.org
(abstract) - "Paul
A. Offit, the chief of infectious diseases at the Children's Hospital of
Philadelphia and professor of pediatrics at the University of Pennsylvania
School of Medicine, says in an editorial in the Wall Street Journal that the
spate of lawsuits filed by parents that allege their children's medical problems
were caused by the vaccine preservative thimerosal could lead to judges and
juries deciding whether the mercury-based preservative actually caused harm,
taking that decision away from researchers who could prove or disprove the idea
using science."
Comment:
Sometimes judges are forced to play doctor when the doctor doesn't abide by the
"first, do no harm" first principle.
January 26 - February 8, 2004 (2 weeks combined
due to illness)
►February 6, 2004 -
Most States Expect Pollution to Rise if Regulations Change
(requires registration or subscription) - The New York Times - "A majority of
state environmental officials believes that air pollution from coal-burning
power plants would increase if the Bush administration's changes to the Clean
Air Act were to take effect, according to a survey to be released on Friday by
the General Accounting Office."
►February 7, 2004 -
State
Lawmakers Tackle Mercury Pollution -
www.wbbm780.com - "May says the bill would ban the sale of mercury
thermostats, switches, and relays. It would also require manufacturers to notify
the Illinois Environmental Protection Agency of mercury-added products
sold...The state is also expected to require power plants and factories to limit
their mercury emissions."
►February 1, 2004 - Making
Drugs, Shaping the Rules (requires registration or
subscription) - The New York Times - "But to sell medicines that treat
schizophrenia, the companies focus on a much smaller group of customers: state
officials who oversee treatment for many people with serious mental
illness...For Big Pharma, success in the halls of government has required a
different set of marketing tactics. Since the mid-1990's, a group of drug
companies, led by Johnson & Johnson, has campaigned to convince state officials
that a new generation of drugs - with names like Risperdal, Zyprexa and Seroquel
- is superior to older and much cheaper antipsychotics like Haldol. The campaign
has led a dozen states to adopt guidelines for treating schizophrenia that make
it hard for doctors to prescribe anything but the new drugs. That, in turn, has
helped transform the new medicines into blockbusters."
►January 28 - February 3, 2004 - A
Violation of Rights (Reflections & Observations) - Santa Monica Mirror -
"The thing about experts is that they often disagree with each other, and, on
the fluoride question, there are experts who allege that fluoride is toxic, as
well as experts who allege that its safe...We dont know how many residents
want fluoride in their water, and we dont think it matters, because this is not
a question that can or should be decided for all of the people by some of the
people. Nor do we know whether fluoride is good or bad for people, and were not
sure anyone does. But we believe that every one of us has the right to choose
what he or she will ingest, and we also believe that the government city,
county, state or federal does not have the right to force-feed anything to
people."
►February 6, 2004 - Legislation
takes on medical secrecy - A case in which a
doctor's addiction was kept secret spurs legal changes - Seattle PI - "When
doctors make mistakes, they must report the errors to the state -- but they
don't have to tell the patients or families who were harmed...That legally
sanctioned secrecy has forced many families to file malpractice lawsuits in the
hopes of learning what happened to their loved ones."
Comment: Doctors cry the blues when they are sued
(perhaps sometimes unfairly), yet many insist on taking implied responsibility
for all decisions, particularly when they do not want to give parents one of the
most basic rights - i.e., the right to decide whether or not to accept vaccine
or disease risks for your children. Some will even go so far as to refuse
them further pediatric care, sometimes abandoning them at their time of greatest
need. If doctors are unwilling to show even that most basic respect for
their patients, they shouldn't be surprised when they and their mistakes are
viewed harshly.
January 19-25, 2004
►January 22, 2004 -
Compo warning over vaccines - The West
Australian - "The Federal Government
could face huge compensation claims if children get sick because their parents
could not afford to pay for vaccinations, a consumer group has warned."
►January 23, 2004 -
Rethinking Regulation of Engineered Crops
(requires registration or subscription) - The New York Times - "The proposed
changes, announced on Thursday, would toughen regulation in some cases and relax
it in others."
►January 23, 2004 -
Medical Research Dealings Explored by a Senate Panel (requires registration
or subscription) - The New York Times - "Senators sharply questioned health
officials on Thursday about a possible need for stricter limits and disclosure
requirements for government medical researchers who enter into lucrative
consulting deals with drug and biotechnology companies."
►January 21, 2004 - Groups
to fight bill to limit class-action - The Hill - "A
coalition of groups opposed to a Senate bill aimed at limiting class-action
suits has stepped up its efforts to derail the legislation...The initiative
comes despite an agreement reached late last year that won more than 60 Senate
sponsors on behalf of the legislation."
January 12-18, 2004
►January 12, 2004 - The
Power of Movements - www.oneworld.net
- "Successful movements have internal leadership, a powerful voice for the
perspectives of those most affected, and a strong peoples role in agenda
setting and decision making. These are intrinsic components of what makes
movements successful and their results sustainable...This is not to suggest that
we do not develop new vaccines and other scientific solutions to some very
serious development issues. Of course we should. But those solutions will work
only in combination with social movement processes."
►January 19, 2004 -
Litigation
Could Make Vaccines Extinct - Congress must act--it has the legislative
model in hand (requires registration) - The Scientist - "Vaccines have
eradicated some killer diseases and protected against others. But they face
eradication themselves--by litigation. As the United States rushes to defend
itself against bioterrorism by developing vaccines against biological agents,
Congress must pass legislation to ensure that vaccines themselves do not become
extinct...All vaccines carry risks, including side effects such as encephalitis.
For example, severe allergic reactions, such as breathing problems and shock,
can occur in less than one in a million doses of diphtheria, tetanus and
pertussis vaccine.1"
Comment: Why is it almost always assumed there is
no good reason for these lawsuits? Perhaps there is ample reason to be
concerned about vaccines. For instance, perhaps the incidence of vaccine adverse
reactions is far higher than what is admitted to by the "experts". For
more on the incidence of vaccine-associated adverse reactions go to
Scandals:
Avoidance Of Vaccine Truth But Not Consequences - Are We "Knee Deep in the Big
Muddy"?
And what of the statistical methods to analyze the
data? One commonly used tactic, using doses, as in the above example,
skews the results whenever multi-dose vaccines are used. For instance, in
the above example cited in The Scientist, given that children receive 4-5
DOSES of DPT vaccine, severe allergic reactions would then be thought to occur
in at least one in 200,000 to 250,000 CHILDREN. If you factor in
under-reporting, thought by even the FDA and at least
one vaccine manufacturing company to be considerable, the numbers re: severe
allergic reactions alone are not so reassuring and could be as frequent as
100/200,000 or 1 in 2,000 CHILDREN. For more on this go to
Scandals: Contemporary Legends - How To Lie With Statistics I
►January 16, 2004 - Corporate
CEOs Call Tort Costs a National Economic Problem - Insurance Journal - "The
high cost of the U.S. tort system makes products more expensive for all
Americans and inhibits investment that can create jobs. It is not an insurance
industry problem, but a national economic problem, industry leaders told
insurance executives attending the eighth annual Property/Casualty Joint
Industry Forum, held this week in New York City."
►January 15, 2004 - Public
Citizen Press Releases - 1. Mad Cow Disease an
Accident Waiting to Happen; 2. Public Citizen Report Describes Some of
Maryland's Dangerous Doctors as Physicians Gear Up for a March on Annapolis
►January 14, 2004 -
Landrieu, Bayh announce plan to prevent future flu vaccine shortages -
Leesville Leader -
"As this flu season progressed
into a deadly epidemic, Louisianians waited in long lines to receive vaccines in
short supply...To prevent such future supply and demand problems, Sens. Mary
Landrieu (D-La.) and Evan Bayh (D-Ind.) announced their proposed Flu Protection
Act, which would prevent future shortages by providing a system for recommending
the number of shots needed each year and for removing economic disincentives now
facing vaccine manufacturers."
Comment: Those lucky dogs (the vaccine
manufacturers). They are apparently making plenty on vaccines (see
Healthy
Defence). Unlike most markets, which are limited
to those that need the drug, vaccines are targeted at entire populations, need
them or not. So just think, the entire world universally getting an
endless number of vaccines! They have their liability covered. They
get to do the research that supports the use of their products and creates
demand, and no one blinks an eye (or at least almost no one). The
government and media collude in pushing their products. And now the
government will guarantee sales. It's the dream business plan to end all
dream business plans.
Doctors
to march on Capitol - In February, they will meet here to press for changes
in Virginia's malpractice laws - Times Dispatch - "Virginia
doctors are blaming huge increases in malpractice premiums and policy
cancellations for a growing erosion of patient services and access to care...In
a rare public demonstration next month, hundreds of white-coated physicians will
march on Richmond and argue for changes in the state's medical-malpractice laws,
once regarded as among the country's most protective of doctors."
►January 18, 2004 - Children
with disability at risk of victimisation - Sunday Herald, UK - "Children who suffer from conditions such as autism or attention deficit hyperactivity
disorder (ADHD) could be wrongly caught up in the criminal justice system as a
result of the Scottish Executives Anti-social Behaviour Bill...According to the
proposed law, anti-social behaviour is anything that is likely to result in the
alarm or distress of a third party, but the campaigners warn that certain
repetitive or unusual behaviour by children with autism or ADHD could be
misinterpreted to mean exactly this."
►January 14, 2004 - Autism
fears over disorder bill - A leading charity has claimed that a new law on
anti-social behaviour could be used against autistic children - BBC
►January 14, 2004 - High
Court Won't Let States Out of Suits - The Washington Post - "The Supreme
Court made it far more difficult Wednesday for state officials to renege on
court-approved promises to improve such things as nursing home care, prison
conditions or health services for the poor."
January 5-11, 2004
►January 8, 2004 -
Pa. wants
pledge from doctors - Physicians will have to stay in the state for a year
in return for help in paying their Mcare assessment. - AP via The Philadelphia
Inquirer
Comment: But
inject mercury into the bodies of infants? No problemo.
►January
8, 2004 - New life
for legislation to limit class-action lawsuits - Congress is inching closer
to passing a bill that would limit class-action lawsuits and large damage awards
against corporations, something big business has sought for years. - AP via CNN
- "The legislation would move more class-action lawsuits -- where one person or
a small group represents the interests of an entire class of people in court --
out of state courts and into federal courts. Opponents of the legislation say
federal judges will either throw many of the cases out or be less likely to
issue multimillion-dollar judgments against corporations...Senate Republicans
and the corporate community, for whom curbing class-action lawsuits is a major
priority, say the legislation is needed because businesses are drowning in
lawsuits, many of them frivolous, while trial lawyers profit handsomely by
sometimes just threatening legal action."
Comment: While some lawsuits may well be
frivolous, many are not. Will this legislation result in the "baby being
thrown out with the bath water"? For more on "frivolous lawsuit", go to
Scandals: Senator Frist Frivolously Dismisses
Vaccine Damage.
It's Federal Law! -
You must give your patients current
Vaccine Information Statements (VISs) - Immunization Action Coalition
DISCLAIMER: All
information, data, and material contained, presented, or provided here is for
general information purposes only and is not to be construed as reflecting the
knowledge or opinions of the publisher, and is not to be construed or intended
as providing medical or legal advice. The decision whether or not to vaccinate
is an important and complex issue and should be made by you, and you alone, in
consultation with your health care provider.
"A foolish faith in authority is the worst enemy of truth."
-- Albert Einstein, letter to a friend, 1901
"I know of no safe depository of the ultimate powers of the society but the people themselves, and if we think them not enlightened enough to exercise control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education."
-- Thomas Jefferson, letter to William C. Jarvis, September 28, 1820
"What's the point of vaccination if it doesn't protect you from the unvaccinated?"
-- Sandy Gottstein
"Who gets to decide what the greater good is and how many will be sacrificed to it?"