CALawMama's Blog


Experiences at the interface of life, law, and motherhood in Cali

Why We NEED Vaccine Manufacturer Liability in California: The Consumer Protection Amendment

LISTEN: I vaccinate my children. Our family has decided that we want to use vaccinations for our children. I understand the benefits they have.

HOWEVER: Here’s what I don’t understand: if a vaccine injures or kills my CHILD, I am NOT going to go to some FAKE court.

ANYONE who tries to tell you that the NVICP is BETTER than the existing legal system either has NO IDEA how the California court system works, or is LYING. NVICP is NOT BETTER than regular courts. Want proof? Just ask ANYONE who has been through the system, in the actual REAL WORLD.

The constitution exists for a REASON. Private rights to sue under negligence causes of action cannot be legislated away.

I have talked to MANY parents of vaccine injured children, who have been through the NVICP. The response has been unanimous: NVICP is NOT better than REAL courts. Parents wait YEARS for compensation, IF ANY. Parents of children who have adverse side effects cannot get attorneys to represent them because one YEAR of an adverse reaction is NOT LONG enough.

You can take your FAKE COURT and SHOVE IT. Parents whose children have been injured or killed ARE ENTITLED to exercise their constitutional RIGHT to a REAL TRIAL and a REAL JUDGE.

Here are just some of the reasons the the NVICP is utterly and completely inadequate, in addition to being blatantly and clearly unconstitutional:

  • You cannot sue vaccine manufacturers directly, unlike every single other consumer product manufacturer— EVEN drug makers and medical device manufacturers.
    • NVICP requires that ALL claims for vaccine related injury or death MUST originate in that court, meaning Californians have no access to state or federal courts.

This, despite the fact that NVICP does not have judges, but rather special masters. In the ordinary realm, special masters are brought into contentious cases to help with ONE evidentiary issue. For example, how should a certain asset be valued in a family law matter.

    • Here, special masters are the sole decision-maker.
    • In fact, the act explicitly states that there will be no discovery: which disallows petitioners from collecting any evidence.

And yet, even though it is supposed to be a NO FAULT system, the parties are required to PROVE their claims. With no discovery. Only whatever the special master asks for.

NVICP has statutorily mandated maximum awards for how much money your child’s vaccine injury or death is worth. Pain and suffering and death carry MAXIMUM awards of $250,000 each. Your child DYING as a result of a vaccine is capped at $250,000. How does that make you feel? Does that seem fair?

In a normal California court case, each party seeks information from the other side through the process called discovery. The judge makes decisions whether certain requests can be granted or not, to protect information that is not necessary to the case.

Then, at trial, each side presents their evidence, and the jury-which is GUARANTEED under the 7th amendment, listens to the evidence and decides who they think should prevail. In medical malpractice claims, for example, you require expert witnesses.

Parties can challenge the credentials of the witnesses to ensure the integrity of the proceedings. The expert witnesses testify regarding the potential causation of the harm or injury suffered. The expert witnesses are subject to direct examination and cross examination.

That is how American law does and should work.

The vaccine court can be an OPTION.

Every single other consumer product manufacturer is liable in California courts, yet we still have cars, electronics, medical devices, and tobacco.

The Supreme Court said that all defective design claims cannot be appealed from vaccine court–that means those claims will never ever be heard in a real court of law.

  • There is absolutely NOTHING stopping congress from granting additional rights to vaccine manufacturers for their products.

For example, greater patent protections or subsidizing them like they do corn or tobacco growers. Those things are actually constitutional.

Waiving away the PRIVATE rights of citizens to pursue compensation for injury suffered is NOT within Congress’s power.

The answer should be alarmingly obvious: vaccine manufacturers must be held accountable for the damages that they cause.

You cannot support a law making vaccinations mandatory for all children in California from birth without demanding legal recourse should an injury or death occur.

Consumer Protection Amendment:

It is the intention of the California Legislature in enacting the amendments to subdivisions 120325, 120335, 120338, 120370 of the Health and Safety Code, and any other related or relevant amendments, statutes, code sections, or provisions adopted at the 2015-2016 Regular Session, to declare that there exists no statutory bar to vaccination or vaccine-related personal injury, wrongful death, or other tort claims against vaccine manufacturers and their successors in interest by minor children, parents, guardians, their legal representatives, or others who have suffered or incurred injuries, damages, or costs arising from the administration of vaccines. It is also the intention of the Legislature to clarify that those legal claims that were or are brought shall be determined on their merits, without the imposition of any claim of statutory bar or categorical defense.”

 Consumer Protection Amendment

Filed under: Uncategorized

2 Responses

  1. t.h. says:

    “One Less” right? No! One less right. As my rights as a parent are whittled away.
    How can informed consent be given, if the vaccine manufacturers cannot be held liable for the “informed” portion?

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