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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