A post with two titles: The dissenting opinion everyone interested in the vaccine issue should read/ The Strongest Argument against Cali SB 276

A post with two titles: The dissenting opinion everyone interested in the vaccine issue should read/ The Strongest Argument against Cali SB 276

In late January 2019, Federal Circuit Court of Appeals Judge Newman issued a dissenting opinion which everyone interested in the vaccine issue should read and study. The Court of Appeals had affirmed the vaccine court’s denial of compensation to an alleged vaccine injured child on the stated grounds that the child’s injury was a result of a genetically confirmed pre-existing condition. The family moved for rehearing and en banc rehearing, which was denied, but Judge Newman wrote a dissenting opinion which was joined by one other judge. The case is Oliver v. HHS. For reasons set forth in the dissenting opinion of Judge Newman, it seems like the majority got it wrong. But that’s not why the opinion is really significant.

At the recent PIC seminar and in a recent post, I told the vaccine concerned to stop saying the Supreme Court said that vaccines are unavoidably unsafe, because it didn’t.

Here is the post where I explained what the Supreme Court actually said.

I pointed out in my PIC talk that there was plenty of powerful true things from official sources which could be used to show what you need to show, and referenced a portion of Judge Newman’s dissent in Oliver. Here it is (but you won’t like the beginning of the quote).

“The National Childhood Vaccine Injury Act of 1986
It had long been known that a small percentage of childhood vaccinations have led to grave injury and permanent disability, as discussed in the legislative record:

Childhood vaccines are essential to maintain the health of our society. They have been invaluable weapons against the dread diseases that used to kill or injure hundreds of thousands of children every year: polio, measles, pertussis, diphtheria, tetanus, rubella, mumps, and smallpox. But while these vaccines have brought the gift of life and health to millions, there are a very small number of children every year who are injured by unpredictable side effects of the vaccines through no fault of their own or the vaccine manufacturers.
132 Cong. Rec. S17,343–02 (1986) (statement of Sen. Kennedy). The House Report reiterated the concern for unforeseeable injury flowing from compulsory vaccinations:
While most of the Nation’s children enjoy greater benefit from immunization programs, a small but significant number have been gravely injured. . . . . ..
But it is not always possible to predict who they will be or what reactions they will have. And since State law requires that all children be immunized before entering school, most parents have no choice but to risk the chance—small as that may be—that their child may be injured from a vaccine.
H.R. Rep. No. 99-908, at 4–6 (1986), as reprinted in 1986 U.S.C.C.A.N. 6344, 6345–46.
The legislative record states that about one half of one percent of children each year experience vaccine-related injury;1 and with four million births each year in the United States, this is about 20,000 vaccine injuries per year.2

Footnote 1: To Amend the Public Health Service Act to Provide for the Compensation of Children and Others Who Have Sustained Vaccine-Related Injury, and for Other Purposes: Hearing on S. 2117 Before the Comm. on Labor & Human Res., 98th Cong. 21 (1984) (“S. Hrg. 98-1060”).”
Footnote 2: Joyce A. Martin et al., Births: Final Data for 2017, 67 National Vital Statistics Reports 1, 3 (2018), https://www.cdc.gov/nchs/data/nvsr/nvsr67/nvsr67_08- 508.pdf.”
(emphasis added)

So according to Judge Newman, back in 1983 Congress acknowledged that 20,000 kids would suffer grave injury and permanent disability from vaccines.
(So, folks, stop misquoting the Supreme Court about “unavoidable injury” and start accurately quoting Congress, reaffirmed two months ago by two federal appellate court judges instead.)

In the mid 80’s, kids got somewhere between seven to ten vaccines (and I’ve seen numbers as high as 20 or so shots including boosters.) Now kids are given around 72 shots of about 20 plus different vaccines, or so I read.

Does anyone other than Paul Offit think that giving 3 to 10 times the number of vaccines or separate vaccine shots to kids wouldn’t increase the number of children gravely injured and permanently disabled by vaccines? (I suppose that’s a rhetorical question, because the answer is that most of the vaccine mafia would probably agree with Offit and his view that an infant/child’s immune system is robust enough to handle even 10,000 vaccines).

Assuming just a linear increase, that would make the number of gravely vaccine injured, permanently disabled children around 70,000, per year (3 and a half times the old injury numbers). Maybe it’s less, but maybe it’s a lot more (and there might be some indication that it is a lot more based on what I understand to be the dramatic increase in autoimmune disease since in the last 30 to 40 years). But’s let’s just consider a linear increase to 70,000.

Here is some perspective

In 2018, 70,000 people died of opioid overdose, and that is called an epidemic and a crisis. So, if my relatively conservative speculation of the current annual number of vaccine gravely injured and permanently disabled children is in the ball park, why isn’t that a public crises?

I suppose the answer is obvious and right in the language quoted by Judge Newman because as Congress acknowledged back in 1983 “Childhood vaccines are essential to maintain the health of our society.”

But that raises the question: if 70,000 is the cost of maintaining the health of our society, is there some higher number where the cost would be considered unacceptable? No one in authority is going to answer that question. Instead, there is the mantra that vaccines are safe and effective and side effects are rare.

Nonetheless, I think it’s a question which should be asked, and repeatedly asked since back in the days when there was an arguably reasonable vaccination schedule, Congress itself acknowledged the grave injury and permanent disability of 20,000 children caused by just a relatively few vaccines given during childhood.

The other critically important thing about Judge Newman’s dissent

Actually, I’d say the most important part of the dissent is Judge Newman’s discussion of the new vaccine paradigm called adversomics/vacinomics/personal vaccinology. It may be the first or one of the first and most significant judicial recognition of this emerging vaccine paradigm.

From past posts, you’re probably getting that I think the only way the legal status quo and continued attacks on the vaccine concerned abates or changes is by a change from the last century’s,(but still accepted) one-size-fits-all vaccine paradigm. Judge Newman’s dissent is a very important starting point for the acceptance of the shift to personal vaccine determinations based on family history and genetic testing. Regrettably, the state of genetic testing in terms of vaccine risk assessment is still in the crude beginning stages. But……….

Let’s look at the conceptual intersection between the Congressionally admitted vaccine induced gravely injured and permanently disabled, and personal vaccinology, through the lens of “Childhood vaccines are essential to maintain the health of our society.” Hold those three ideas together in your head, shake them up and what do you get?

Honestly, I don’t see an end to mandatory vaccinations coming from this mix, nor do I see a right to a personal belief exemption.

But what I do see a need for families with a strong history of vaccine reactions or autoimmune disease to obtain as much information as they can about their child’s personal vaccine risk assessment, and make a risk/benefit assessment based on the best available evidence, and that would involve whatever genetic testing is available, mindful of its current limitations.

And that means a robust medical exemption option based on a doctor/patient interaction and analysis based on the best and most current tools available.

Vaccines may be necessary to protect the “public,” but Judge Newman’s dissent makes clear that the Government has known for decades that children will be gravely injured and permanently disabled by vaccines. We now have more injured children, but we also have a somewhat better understanding of which kids might be at greater. The idea that a vaccine exemption based on these tools and new information could be overturned by a government employee (who may or may not be a physician) using last Century’s analytical concepts seems to me to be a profound and unconscionable disserve to the future injured and their families who might have been saved by robust medical exemption process.

Here is the judge Newman’s opinion.
Decision – 2019 – oliver – scn1a – dissent in fed cir – 17-2540.Order.1-9-2019.1

This post and Judge Newman’s opinion is as good as I’ve got about why SB 276 (and the pending Oregon bill) should be rejected.

Good luck!

Rick Jaffe, Esq.

9 thoughts on “A post with two titles: The dissenting opinion everyone interested in the vaccine issue should read/ The Strongest Argument against Cali SB 276

  1. Thanks for sharing these insights. We were all very unprepared during the time SB277 came and struck us. I am hoping the effort against sb276 will be more cohesive and better organized. My body my choice argument didn’t help us at all.

  2. A well considered article, about a total fraud. The two banners of the vaccine industry – smallpox and polio – are shams. Historically, where the smallpox vaccine was mandated over the following decade both the incidence and mortality of the disease increased at or greater than the increase in the respective population. The radical diagnostic changes made to polio in 1955, following on the heels of the release of the Salk vaccine, literally and automatically eliminated 90% of subsequent diagnoses – 30,000 cases a year we were told, are still led to believe, were prevented by the vaccine.

    The oh-so-many lives saved by vaccines mantra is garbage. Between brazen actions such as the diagnostic changes to polio, thick diagnostic bias on the part of MDs who simply expect a vaccinated child to be “protected”, thus will bend over backwards finding an alternate diagnosis when relevant symptoms appear, and the actual, deleterious effect of the vaccines themselves, which rather than supporting the immune system disable it, interfering with proper immunological response after subsequent exposures to the illnesses, to say that we can’t trust post-vaccine disease incidence statistics is almost a hilarious understatement, and when the industry has such tight control over the MSM, all bets are off.

    Vaccination’s perhaps best summed up by a statement from veteran pediatrician Dr. Paul Thomas, speaking about the more than 13,000 kids in his practice:

    “As unpopular as this observation might be, my unvaccinated children are by far the healthiest.”

  3. Rick, thank you.
    The injury rate from vaccines was 1/2 of 1% in 1986-ish with 20 vaccines, 20,000 vaccine injuries per year. Now there are 4 million births per year in the US (471,658 in 2018 in CA), and possibly 70,000 vaccine injuries per year.
    California has about 12% of births, and 12% of injuries is 8400 per year. So to protect people, there would need to be 8400 medical exemptions per year. Right?
    P.S. I think we need to re-open discussion in 2019 on: “Childhood vaccines are essential to maintain the health of our society. ”
    Thank you.

    1. Proponents of forced vaccinations cite Jacobsen v. Massachusetts, 1905. That court relied on boards of health, “composed of persons residing in the locality afforded, and appointed, presumably, because of their fitness to determine such questions.”

      Growing numbers have no such faith in the captured regulatory agencies.

      The court concluded:
      “Before closing this opinion we deem it appropriate, In order to prevent misapprehension as to our views, to observe—perhaps to repeat a thought already sufficiently expressed, namely—that the police power of a state, whether exercised directly by the legislature, or by a local body acting under its authority, may be exerted in such circumstances, or by regulations so arbitrary and oppressive in particular cases, as to justify the interference of the courts to prevent wrong and oppression.”

      I also hope/wish/want the courts to revisit blanket forced vaccination authority under the guise of protecting society.

  4. Have you seen this –

    The traditional ethic in the Oath of Hippocrates requires physicians to refrain from deliberately harming patients. The State of California is denying patients the protection of this code and is instead imposing on them the judgment of a government agency, the Department of Public Health. Unlike physicians, these officials have no accountability for harm that individual patients may suffer.

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