Friday, December 7, 2012

Court Rules Feds Can Vaccinate Kids Without Consent Under Public Health Emergency

Dees Illustration
Heather Callaghan
Activist Post

New Yorker Jennifer Parker was alarmed when she found out that a public health nurse vaccinated her 5-year-old daughter, Madison, against her wishes. This was during a flu outbreak in late 2009. Jennifer fought the action, citing negligence and battery and sued both the school district and health department in St. Lawrence County Supreme Court. The school district was let off the hook.

Matters seemed resolved as that court ruled in her favor saying that the Public Readiness and Emergency Preparedness Act (PREP) couldn't extend to just any situation where government workers could administer drugs without consent. But that ruling was short lived.

The health department appealed and it was the Third Judicial Appellate Court that overturned the previous ruling, deciding on November 21st this year, that PREP trumps, or rather, preempts state laws regarding that matter.

Did you know that we are apparently in an unending state of public health emergency?

The emergency in the situation above? H1N1 flu...

Madison Parker was given a Peramivir inoculation for H1N1 flu virus.

But this ruling was based on an assumed intention of Congress and the assumption of public health emergency:

we conclude that Congress intended to preempt all state law tort claims arising from the administration of covered countermeasures by a qualified person pursuant to a declaration by the Secretary [of Health and Human Services].
So because of this ruling, at least in New York, PREP's arbitrary mandates override state laws that allow exemption from seasonal flu vaccines. Health workers can vaccinate children without their parents' permission or knowledge because they deemed it a public health emergency and that it was Congressional intention.

According to Courthouse News, Justice Karen Peters wrote a statement for the five-judge panel:
We must presume that Congress fully understood that errors in administering a vaccination program may have physical as well as emotional consequences, and determined that such potential tort liability must give way to the need to promptly and efficiently respond to a pandemic or other public health emergency...
So, mistakes happen...but it's best for the public good.

The Justices were "unpersuaded" by Parker's argument that immunity under these circumstances didn't mean any deemed qualified person could administer drugs against her will.

And we wouldn't want to let a good government contract go to waste. Peters also wrote:
The immunity provisions of the PREP Act are triggered where, as here, the vaccines are purchased pursuant to a federal contract or agreement.
Peters said that because there are "exclusive federal remedies" (the Federal Government's just cause under PREP), that reason further supports preemption. Therefore, the decision concluded "the complaint must be dismissed for lack of subject matter jurisdiction."

And what have we here? Another compensation program! That should make everything all better, right?

Courthouse News wrote:
PREP also created the Countermeasures Injury Compensation Program, which handles claims by individuals who suffer adverse reactions to devices, medications or therapies that have been recommended for use in public health emergencies, the decision notes. 
Peters further noted that separate federal causes of action exist for wrongful death or serious physical injury resulting from misconduct by licensed health professionals.
So, not only is PREP admitting and setting up funds for very possible injuries upon administering vaccinations, but they themselves are immunized from liability in civil liberties violations - administering drugs against a person's will. Great swerve guys - same MO every time.

Brian Shilhavy over at Health Impact News made some great points about the case:
1. Was the H1N1 flu virus any more dangerous than previous seasons’ flu strains? (See: H1N1 Swine Flu Even Milder than Seasonal Strains)
2. Did the H1N1 vaccine conclusively offer protection from the H1N1 flu virus? ( See: New Study Exposes the “60% Effective” Flu Shot as 98.5% Useless)
3. Does the flu vaccine present risks, especially for young children? (See: Confirmed! Flu Vaccine INCREASES Risk of Serious Pandemic Flu Illness; & 4,250% Increase in Fetal Deaths Reported to VAERS After Flu Shot Given to Pregnant Women)
Points like these, civil liberties, and state exemptions for religious, philosophical, and medical reasons exist but are not often upheld. Especially when the Federal Government can arbitrarily declare "state of emergency" and trump state rulings. It also seems like for anyone in this type of situation it might be better to sue only individuals involved, not governmental departments - what do you think?

Read other articles by Heather Callaghan Here



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23 comments:

Anonymous said...

I think this is disgusting and wish my grandkids were home schooled.

Anonymous said...

Looks like the days when we could sit back and laugh at the people getting vaccines are over.

Anonymous said...

Unbelieveable evil. The judges need to disbared, arrested and put in jail along with the others involved.

Genoicde underway in USA. Time for mass arrests of the NWO agents.

Anonymous said...

Children have been entrusted into the care of their parents. Government has been entrusted with rewarding those who do good and punish those who do evil. Good and evil are defined by God not man. Forced vaccinations is an assault against the family. Every father has a duty to protect their family from assault using whatever force is necessary. This applies to other instances of assault too. It is time for men to protect their families using the least force necessary to do so. Should their be an all out assault against the family it would require an appropriate response.
No court has authority to negate the authority of the parents over their children. Nor can any court grant jurisdiction over children to the Civil magistrate.

Anonymous said...

I thought this was a posted joke! I'm horrified that this has happened in our country. I would never have believed it would or could happen. Appalling and chilling!

Anonymous said...

Vaccines are based on JUNK SCIENCE.

Anonymous said...

DO NOT COMPLY---- that is the answer
Just say f u I will not comply.

Anonymous said...

Don't do it.

Unknown said...

The laziness of parents will result in autism or death of their children. Most parents don't want to home school because they would rather have those hours of the day to themselves, or going to their jobs is more important then teaching and raising their kids. Most of the fault lies at the feet of mom and dad.

Anonymous said...

"Emergency does nort create power. Emergency does not increase granted power or remove or diminish restrictions imposed upon power granted or reserved. The Constitution was adopted IN a period of grave emergency. Its grants of power to the Federal Government and its limitations of the power of the States were determined in the light of emergency and they are NOT altered by emergency." [Emphasis added]
Home Building & Loan Assoc. v Blaisdell 290 US 436 (1934).

"The Constitution of the United States is a LAW for rulers and people equally in war and peace, and covers with the shield of its protection ALL classes of men, at ALL times, and under ALL circumstances. No doctrine, involving more pernicious consequences, was EVER invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of the government. Such a doctrine leads directly to anarchy or to despotism." [Emphasis added]
U.S. Supreme Court In Ex parte Milligan, (1866).

We all must WAKE UP, and STOP playing the part of victim/debtor/slave.

Anonymous said...

Thank goodness I live in the UK. I hope to god it doesn't happen here.

Anonymous said...

Thank goodness I live in the UK. I hope to God it doesn't happen here.

sylvano said...

Well, I made my decision long ago, if anyone wants to vaccinate my kids, he/she will have to pass over my dead body. I will put my life on it: No vaccine for my family. My kids were born inside my house, never have seen any doctor and are very healthy. For the relation with the body vs the environnement (diseases) I trust the Nature or God or Whatever you want to call it. Organic food and avoid fluor is my key.

Anonymous said...

Here's a gift to all the ignoramuses who fail to understand the incorporation of the United States and its' chattel aka PERSONS, CITIZENS, and of course MONSTERS according to the Uniform Commercial Code that governs the DEBTOR SLAVES of said CORPORATION, hence why a Third Appellate Court(Admiralty Court UCC enforcement) overruled the lower court in this instant. Google Ron Paul Cracking the Code, click on the first link in the blog and read the PDF book free online. Find out why it is that this facist corporation pretending to be a country is jabbing little PERSONS with needles with impunity. Find out just how ignorant you've been your entire life when reading this book. There's an occult legal system hidden in plain sight not being addressed openly that empirically explains why it is that endless assaults against life and anything that is good is systematically sabotaged. The troublemakers are headquartered in a 10 mile square City State known as the District of Columbia aka United States Government (USG) with hegemonic mind control over the duped masses of asses who like a poor marksman, keep missing the target of understanding what the hell is going on is the land of DEBTORS & SLAVES. Pull your heads out of your asses people, it’s become too pathetic witnessing the stupendous ignorance and victim mentality so pervasive and widespread in this fallacious corporation euphemistically/incorrectly perceived to be a Nation or Country. Find out who and what you are and act accordingly.

Anonymous said...

This lady reported on this around the same time but she mentions the education codes. Check out what she says

http://www.youtube.com/watch?v=6O42Qf0dBZg

Anonymous said...

Any forced vaccination with their evil bioweapon vaccines should be treated as attempted murder because that is exactly what it is. Its a distraction because the day of the next false flag to invade Iran is the day America will be annihilated by the SCO. Planet X will end the war.

Anonymous said...

If someone gave my child a worthless, toxin riddled vaccination without my consent it would be the last one that person ever gave!

Anonymous said...

Frightening. The government has far overstepped it's bounds.It can only get worse...

Anonymous S said...

My family is strongly against vaccinations due to their side-effects.
My boss's daughter got hers, and soon after, seizures. Many people over thirty report increased arthritis pain after receiving vaccinations, worsening the more vaccinations they get over time.

In my boss's daughter's case, the doctors said the vaccination was not the cause, the same as they've said with friends I've known and mothers that have spoken on behalf of their now-damaged children. Don't think you can help your child when the nurse tells him or her that this is perfectly normal and necessary. He/She won't know any better than to obey the adults you've always raised them to obediently listen to.

They'll come home, and in a few days, if you're the unlucky ones, you'll have a needy child damaged by the system for the rest of your life. All for fear of a flu that your child only had a slim chance of catching to begin with. Miss a week of school or lose a child's mental future? You're choice? Not anymore. Big Government makes that choice for you now. And your child won't even be off the bus before that choice is made.

Fear? Don't bother, as fear should be reserved for things that weren't expected. All of this was to be expected.

Anonymous said...

Wow.

You people are insane.

Ever see anyone with Polio?

No one has for fifty years because of an effective vaccine.

Back to your paranoid fantasies.....

Anonymous S said...

^ "Back to your paranoid fantasies..... "

Google it.

Back it? With the evidence of the seizures that began about a month later? With the evidence of the slowness-of-mind or the bipolar disorders that showed within weeks? Just because your doctor pats you on the head and says "Those aren't from my vaccine I gave your son; sometimes children of his age develop these things around the same time as vaccines are required. It's just bad timing. Now run along, you have a busy and tiring life of brain scans and medication bills ahead of you, silly little parent," doesn't mean he's telling the truth and just cares that much.

Why not speak to the mounting number of parents that began in the thousands that now have needy children from these vaccines? And we're not even talking about the elderly who've died. This article only covers a small portion of the larger issue. It appears sensationalist, but do some research yourself.

Polio is DIFFERENT! We are talking about a damn one-week flu! Miss school for a week or get brain damage? Hmmmm HARD CHOICE!

barbjh227 said...

How can we stop this? I've already found out that all government vaccines are life threatening.

Anonymous said...

I know that if a child has athsma, they're supposed to get the flu vacc. However, I'm not liking the sound of this at all. >:/

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