After declaring a public health emergency due to the H1N1 Swine Flu and the U.S. approval of numerous vaccines as prophylaxis, the time has come when citizens are taking actions in legal proceedings. Comment back if you know of more.
Blame or give accolades to Jane Burgermeister, who on April 8th, 2009 filed criminal charges in Austria against Baxter and Avir Green Hills Biotechnology for producing and distributing contaminated bird flu vaccine material this winter, alleging that this was a deliberate act to cause a pandemic, and also to profit from that pandemic. Read more from her site at http://www.theflucase.com/ There is no case reference numbers that we can find.
The first H1N1 case in the U.S. began in May, 2009 . The pdf of the filing can be found here: http://www.valleycentral.com/uploadedfiles/kgbt/News/Stories/TrunnellLawsuit.pdf Steven Trunnell filed a wrongful death lawsuit against Smithfield Foods, the world’s largest processor and marketer of pork in the US, with annual sales of $12 billion. It is the owner of Granjas Carroll in the Mexican town of La Gloria, where the first H1N1 cases occurred. Smithfield appears to be the first company being sued for contributing to the emergence of a new pathogen.
“Mr. Trunnell’s wife, Judy Dominguez Trunnell became the first American to die from the Swine flu outbreak. Mrs. Trunnell, a 33 year old Special Education teacher, was eight months pregnant when she became ill with the virus in April. She was placed on a ventilator before passing away in early May. Her baby was successfully delivered by a cesarean section.” http://louisville.injuryboard.com/miscellaneous/lawsuit-filed-over-swine-flu-.aspx?googleid=263190
May 2009, Jerry Blevins,esq sued the Elmore County Board of Education and the Alabama State Board of Education in order to keep their 2 children out of the school to avoid catching the flu, and have school assignments done at home. http://www.homeedmag.com/newscomm/3323/swine-flu-addition-to-the-reasons-to-homeschool-list/ Suggesting homeschooling instead, the judge dismissed the case. As a side-note- “Attorney Jerry M. Blevins filed a lawsuit against Secretary of State Beth Chapman because of a recent change to state law that would require him to live in a specific county in the 19th Judicial Circuit to be a candidate for one of the three judge positions. http://www.votelaw.com/blog/archives/2009_01.html
On July 31, 2009. Tim Vawter filed suit against the Federal Government citing its of negligence on the approval of H1N1 vaccines and their potentially mandatory status. The case in pdf can be found here-http://www.scribd.com/doc/18474936/VAWTER-v-FEDERAL-GOVERNMENT-Complaint-Related-Documents-1
A preliminary injunction to stop mandatory vaccinations has apparently been issued in the United States District Court of New Jersey. When/If the judge signs the Preliminary Injunction, it will stop the federal government from forcing anyone in any state to take flu vaccine against their will. It will also prevent a state or local government from forcibly vaccinating anyone, and forbid any person who is not vaccinated from being denied any services or constitutional rights. Vawter’s filings included a Complaint, and several pages of evidentiary Exhibits. http://lawandorderroybean.blogspot.com/2009/09/injunction-to-stop-mandatory-flu.html I have yet to see the signed injunction.
It would be fair to remind that:
“Forced vaccination would violate the Fourth Amendment of the Constitution by allowing the government to enter homes and force people to be vaccinated, or to forcibly remove people to another location for vaccination. It would also violate Fifth Amendment Constitutional rights by depriving people of liberty without due process of law.” http://inthesenewtimes.com/2009/08/18/after-more-than-30-years-us-district-court-issues-injunction-to-stop-compulsory-vaccination/ We concur!
In August 5, 2009, “Notice of Claim” from the wife and three sons of Mr. Wiener the first person to die during the latest swine flu outbreak in New York, an assistant principal at an intermediate school in Queens, have notified the city that they intend to file a wrongful death and negligence lawsuit against the city. http://www.nytimes.com/2009/08/12/nyregion/12swine.html?_r=1 “The claim, a precursor to a lawsuit, charges that the city failed to warn Mr. Wiener that he had been in contact with people who had tested positive for the virus; that it did not act fast enough to stop the transmission of the disease; that it did not disseminate adequate information about health conditions that would increase the risks of the virus; and that it did not provide a safe working environment for Mr. Wiener and other school employees, among other allegations.”
But it’s one thing to sue, say, a private hospital, and quite another to sue New York City. Government entities — countries, states, counties, cities — have what is known as “sovereign immunity,” which in a nutshell means that they can only be sued if they decide to allow themselves to be sued. In the realm of personal injury claims, many governments do allow suits to be brought against them, but often require a different process from that which would be used for suing a private entity http://blogs.findlaw.com/injured/2009/08/swine-flu-lawsuit-on-the-way.html A wrongful death claim is defined better here at http://accident-law.freeadvice.com/wrongful_death/wrongful_death.htm
October 2, 2009. Carmen Reynolds– a retired Air Force lieutenant colonel, has named Gov. Charlie Crist, Attorney General Bill McCollum and Florida Surgeon General Ana Viamonte as defendants in her complaint that challenges a section in a new statute that allows law enforcement officers to vaccinate a resident in an emergency situation. The law makes no exceptions for health conditions or religious objections. The only alternative is quarantine. Her complaint is here http://vaclib.org/pdf/florida/Motion-for-temporary-injunction.pdf
NOT DISMISSED on October 1, 2009 ,” An Order For Continuance” signed by the Judge! http://vaclib.org/pdf/florida/OrderGrantingContinuanceSettingHearing-001.jpg with the blog http://floridaswinefluvaccinelawsuit.blogspot.com/ keeping track of this case- #09-1432-CA.
Today, October 9, 2009. As we have now bombed the moon, Natural News has dropped the bomb of another Swine Flu related lawsuit. To be filed later today in Washington D.C., it charges that the FDA violated the law in its hasty approval of four swine flu vaccines by failing to scientifically determine neither the safety nor efficacy of the vaccines. The suit seeks to not only nullify the FDA’s unlawful “approval” of the four H1N1 influenza vaccines, but to also ask the court to issue an injunction that would halt any mandatory vaccination requirements. The suit on behalf of plaintiff Gary Null, the New York health broadcaster and author, as well as health professionals in New York State who are being told to take the shot or get fired. Read more about it here – http://www.naturalnews.com/027205_vaccines_swine_flu_the_FDA.html
All is not lost, and there will be more.
The U.S. Supreme Court expressed interest in an appeal by Madison-based Wyeth and units of GlaxoSmithKline Plc that seeks to give the pharmaceutical industry a broader shield from lawsuits over injuries allegedly caused by vaccines. http://holyhormones.com/vaccinations/supreme-court-interested-in-vaccine-lawsuit-shield/ The case is American Home Products v. Ferrari, 08-1120. American Home Products is Wyeth Pharmaceutical. Follow the docket here http://origin.www.supremecourtus.gov/docket/08-1120.htm Follow http://www.scotusblog.com/wp/ for Supreme Court Activity.
Robert J. Krakow, in a letter regarding vaccine tort reform to David T. Taylor Jr., M.D., FAAP President, American Academy of Pediatrics said:
The AAP’s position is not one that inspires parents’ confidence in our nation’s vaccine program. Parents must make individual choices that affect the health of their precious children. In light of the AAP’s position in the Ferrari case – placing greater value on vaccine maker interests than children’s safety – there exists profound doubt whether the AAP truly adheres to the legend that appears on its website, proclaiming that the AAP is “Dedicated to the Health of All Children.”Kudos to Krakow. These lawsuits will be only the first of many yet to come regarding H1N1 Swine PANFLU.
photo pros to David Dees-http://www.rense.com/1.mpicons/dees1.htm
“Related https://ahrcanum.wordpress.com/2009/07/31/swine-flu-lawsuit/
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Not all attorneys are great but neither are all the vaccines. Here is 185 comments from people who have some sort of rash that appears to be related to the Swine Flu. Some vaccinated, some not. Go figure. None- the-less, vaccines should not be a state or a federal mandated issue but one of personal choice, ours being no thank you.
Vawter knew so little of what he was doing that he
(1) called his defendant the Federal Government
(2) never served or served but never provided evidence that the Federal Government had been served
(3) had no idea what was needed for an injunction
He lost— without a hearing.
Gary Null v FDA – filed in Washington DC federal Court. Truly bizarre. There were lawyers on cases. They went to Federal court to complain about the New York State requirement that health care workers get vaccinated. And they made some bizarre allegations. Judge ruled that there already was an injunction granted without reasons stopping the requirement – so that there was no case to answer.
Second, he said that he couldn’t figure out what they were doing in Federal Court when vaccination was so much a state issue — including this state law.
wordpress does not always support css and various formats so have to link or subscribe direct. thx
What’s up, I just started reading your blog – thank you for writing. Just wanted to let you know that it’s not displaying properly on the BlackBerry Browser (I have a Bold). Anyway, I am now on the RSS feed on my laptop, so thank you!
She apparently feel that her immune system is compromised and will fight on behalf of others that they do not have to under go any forced vaccinations.
Kudos to her for serving her country in the military and as a civilian.
“Health freedom attorney Jim Turner is filing a lawsuit in Washington D.C. mid-day Friday in an urgent effort to halt the distribution of the swine flu vaccine in America. On behalf of plaintiffs Dr. Gary Null and other licensed health care workers of New York State, the lawsuit charges that the FDA violated the law in its hasty approval of four swine flu vaccines by failing to scientifically determine neither the safety nor efficacy of the vaccines”
Pretty funny that the source for the information was from facebook.http://www.facebook.com/note.php?note_id=84420879945 and not found as a pdf from court filings.
Perhaps he can help Renyolds but I believe he was representing the Union on behalf of the plaintiffs not a single individula. Hope this helps and thx for commenting.
God Bless Carmen Reynolds for fighting the Florida Law which would allow forced vaccinations with the swine flu virus vaccine.
More people have to step up including lawyers in every state by preparing injunctions and bring law suits against these drug company’s and their puppet government.
Obama is a farce -trying to reduce health care costs and then “allowing” a deadly, dangerous and vile vaccine to be injected into pregnant mothers. I bet Michelle would not want one or his two daughters. If this government is stupid enough to send a bomb to the Moon -just to see what happens- its crazy enough to kill off 1/2 the population. After all drug company’s have this government in their pocket too. No change -and we don’t believe it.
Other countries are not falling for this scam- Baxter applied for the patent on all N1H1 vaccines – in 2008 over 1 year before the outbreak. What does that tell you?
Wake up people! This story is only going to get as worse as we allow it to and we need lawyers to file suits now.
Either that – or you will be seeing more guns coming out -than the ones where Obama shows up for a speach. If there is forced vaccinations – there will be a war inside of America. It will be Americans vs. Corporate Corruption.
You can start by throwing out all your prescription drugs -and start eating healthy. Do not buy over the counter medications and stop these profits going to drug company CEO’s.
I am looking for the name of the attorney who has filed a lawsuit in the New York City Supreme Court re: mandatory issuance of the seasonal and the swine flu for all health care workers in New York State. A similar lawsuit was filed in Albany and the New York State Supreme Court issued a temporary restraining order on the seasonal and H1N1 flu vaccination mandate for health care workers this past Friday, Oct. 16, 2009.
Thank you for your post Atty. Krakow, we’re humbled.
We’ve been checking up on Vawter and found nothing either.
Indeed from the Prep Act to The PHS Act, Model Act, Posse Comitatus Act, The Patriot Act, The Insurrection Act and all the other Acts our elected leaders have come up with- it is difficult to win a court battle. Yet, people like you continue to valiantly take on the legal system seeking justice for vaccine injury victims.
If these PanFlu lawsuits serve no other purpose than to bring awareness to citizens of the power of governments to quarantine and mandade vaccines, and further educate them on the potential damaging effects of those vaccines- then justice has to some degree been served.
(BTW, Carmen Reynolds in FLA has no attorney)
On the Vawter lawsuit seeking an injunction against the vaccine, there is no injunction. The plaintiff filed a lawsuit requesting an injunction. I have checked the court docket twice, as recently as about a week ago, and no injunction had been issued.
The rumor than an injunction was ordered has been circulating on the internet for a while now. Requesting an injunction falls short of actually obtaining one.
If an injunction were to be issued that would be news. I do not think it is likely to happen.
We can only hope, but false rumors don’t help anyone.
“These lawsuits will be only the first of many yet to come regarding H1N1 Swine PANFLU.”
Thanks for your attention to my letter to David Tayloe. I think you will be dismayed to learn that there will be no swine flu litigation at all. Under the PREP Act passed in 2005 (the “Public Readiness and Emergency Preparedness Act”) the vaccine manufacturers are immune from suit unless the claimant can show willful misconduct, which is extremely difficult to prove. The HHS Secretary declared a swine flu emergency under the PREP Act so the immunity covers swine flu, H1N1 vaccines.
The PREP Act contains a small provision for compensation if one is injured by a swine fu vaccine. There is no provision for attorneys’ fees and one must file a letter with HHS within one year of the injury. The program is administered by HHS, and they are in effect not subject to review.
So, effectively, if you are injured by a swine flu vaccine you CANNOT SUE.
Best,
Robert J. Krakow, Esq.
krakowlawfirm.com
Wonder what Philip Berg esq is doing since the Ombama birthers have let up a little bit? Thanx for visiting and the comment.
Very well reported on this swine flu hoax that is making drug company’s rich at the expense of infecting the masses with more chronic diseases for -yet even more profits.
We sincerely hope that people wake up and flood the courts with massive law suits against the FDA, the CDC and all those who promote this sickening vaccine and stop immediately the spread of dangerous chemicals that will harm infants, fetuses and the American public. This has to stop -here and now.