Legal

7/27/2014 – We Mourn the Death of Vermont Constitutional Law Expert Professor Cheryl Hanna, who testified on vaccine exemptions in 2012. To listen to her testimony, visit https://soundcloud.com/jennifer-stella/02-prof-cheryl-hanna and https://soundcloud.com/jennifer-stella/sets/vermont-testimony; legislative council attempted to override her advice. Listen: https://soundcloud.com/jennifer-stella/03-leg-council-response-to

Hanna also commented publicly on Vaccination Policy over the years.

_ 5/23/2011_: “Take, for example, a major federal pre-emption case she won before the Court just a few months ago. The case involved a six-month old child who began to suffer seizures after receiving a vaccination. The child’s family sued the manufacturer of the drug, Wyeth Industries, in state court. But Wyeth claimed that such law suits were pre-empted by the National Childhood Vaccine Injury Act, which was intended to create a national scheme for providing and promoting vaccinations. At issue was what, exactly did the law say about the relationship between the states and the federal government in regulating immunization manufacturers.

“Sullivan was able not only to swing Justice Kennedy to side with the Wyeth Industries, but also Justice Breyer by focusing the Court both on the specific language of the statute and the policy behind law, and by defending the ability of the FDA to oversee vaccine manufacturers.”
– http://www.vpr.net/episode/51198/hanna-entergys-lawyer/

_RE: Removing parental “exemption” to Vaccination_ 2/17/2012_: “Many states allow for a philosophical exemption; they reason that parents should decide whether to inject a child with a foreign substance.
“In contrast, two states, Mississippi and West Virginia, refuse to allow for any religious or philosophical exemption; they require all children who enter school to be immunized.

“So lawmakers will have to decide if the cost of allowing the exemption places the public at too great a risk, or whether we can tolerate some individual decisions to opt out and still meet the goals of public health. They will also have to decide whether the state should give preference to religion over non-religion, or to do away with exemptions altogether.

“These are tough calls. That’s why I’m still seeing gray.”
http://www.vpr.net/episode/53025/hanna-immunization-dilemma/

 

The real issue is who should pay for the injuries? Should the manufacturer? Although it did not fulfill the normally required standards for FDA approval, it did a reasonable job under the circumstances. Should the individuals (or their insurance companies) bear the cost alone? http://www.law.berkeley.edu/journals/btlj/articles/vol3/traynor.html

Tegenaro / Lloyd’s http://www.lloyds.com/news-and-insight/news-and-features/health/health-2012/insurance-prescription-for-clinical-trials

Could virus research trigger a pandemic? Alarm bells ring over resumption of H5N1 virus research http://www.lloyds.com/news-and-insight/news-and-features/health/health-2013/could-virus-research-trigger-a-pandemic