Allowing the Drug Companies to Poison Our Children

According to the California Public Schools Autism Prevalence Report for the School Years 1992-2003, the increase in autism prevalence is systemic across the entire United States “and should be an urgent public health concern…The disease frequency of autism now surpasses that of all types of cancer combined.” The report notes a 1,086% cumulative growth rate of autism over the period, with a 23% average annual growth rate.

A recent study published in the Spring 2006 volume of the peer-reviewed Journal of American Physicians and Surgeons shows that the rate of neurodevelopmental disorders in children has decreased following the removal of thimerosal from most American childhood vaccines. However, only about a third of the 11 million children vaccinated for influenza this year will receive mercury-free vaccines.

At the end of last year, President Bush signed the Public Readiness and Emergency Preparedness Act (PREPA), granting blanket immunity to pharmaceutical companies for vaccine-induced injuries. The measure is a carte blanche for industry, allowing it even to reintroduce mercury in vaccines that are currently clean, and under the behest of the World Health Organization, to continue shipping tainted vaccine to the “developing world.”

The federal government has known enough to stop the use of mercury in vaccines for more than a decade. Industry has known of the dangers of thimerosal since at least 1991.[1] But using the preservative made the sale of vaccines more profitable. In fact, the Centers for Disease Control (CDC) has at times seemed just as concerned about these profits as the companies themselves! Cynics have noted the “revolving door” between industry and government that seems to alter the perspective of both.

In 1999, the Centers for Disease Control (CDC) recommended “the elimination of thimerosal as soon as possible.” In 2002, the CDC stated in a press release “all vaccines will be thimerosal-free as soon as adequate supplies are available.” Yet, last year the CDC rejected an offer from vaccine manufacturer Sanofi Pasteur to supply the entire country with safe influenza vaccines, claiming “no preference for thimerosal-free vaccines.”

In order to secure passage of the PREPA, Senators Frist and Ted Stevens (R-AL), joined by Speaker Hastert, lied to members of the House-Senate conference committee. These leaders assured their colleagues that immunity for the drug companies would not go forward as a tack-on to the 2006 defense appropriations bill. There were no public hearings on the immunity provision, no debate, no disclosure of the proceedings of the committee. Press coverage was virtually non-existent.

According to one prominent member of the committee, Rep. David Obey (D-WI), “This legislation was unilaterally and arrogantly inserted into the bill after the conference committee was over. It was a blatant power play by the two most powerful men in Congress.” Sen. Ted Kennedy called the legislation “a blank check for the industry.” Sen. Robert Byrd, dean of Senate rules, opined: “There should be no dispute. The processes leading to passage of this bill [was] an absolute travesty.”[2]

The PREPA is unconstitutional. It removes the right to due process and judicial review for persons injured by vaccines, thus granting a virtual license to kill. Under the new law, companies making vaccines can be grossly negligent and act with wanton recklessness and still escape liability as long as they can show that their misconduct wasn’t “willful.”

It is impossible to conceive of a lower standard for the drug companies or a higher burden of proof for injured parties.

The refusal of the drug companies to take responsibility for the products they produce, and the complicity of the highest levels of government in their refusal, will diminish public confidence in the entire US vaccination program. Already, thousands of mothers, including our own daughters, are fearful of having their infants and toddlers vaccinated.

The PREPA also preempts the laws of states like California that have passed legislation outlawing mercury in childhood vaccinations. Meanwhile, the CDC continues to send its henchmen into state legislatures around the country in attempts to abort measures banning mercury.

While American soldiers spill blood abroad in the name of democracy, democratic principles are being shredded here at home. The right of habeus corpus has been abridged. Torture is countenanced at CIA-run “black sites” around the globe. Incarceration for years without access to lawyers, let alone trials, has become commonplace. And now, with the PREPA, we have blanket immunity for a major industry, an industry that has endangered the health of millions of American children and brought untold grief to millions of American families.

It’s worth considering why the drug companies feel they need such treatment. Is it because they have known for decades that their product is harmful? As we learned with Big Tobacco, denial is the first defense.

Eventually, the truth will come out about mercury and the depravity of injecting a neurotoxin into the bodies of infants and toddlers. The question is: how many more children will be made sick before the leaders of the country get their priorities straight?

Lewis Seiler is president of Voice of the Environment. Dan Hamburg is executive director of Voice of the Environment.

[1] Dr. Thomas Verstraeten, Vaccine Safety Datalink study for the CDC, 1999. Other major studies include: the 1994 study done by the Institute of Medicine that concluded “the balance of evidence is consistent with a causal relationship between mercury and autism;” the 1996 study by the National Childhood Encephalopathy Institute demonstrating that “a significant association exists between mercury and autism;” and the 2006 study by Dr. Mark R. Geier and David A. Geier published in the Journal of American Physicians and Surgeons that noted a marked decrease in reported cases of autism with the removal of thimerosal from most childhood vaccinations after 2003.

[2] “Hastert, Frist said to rig bill for drug firms,” Bill Theobald, The Tennessean, Feb. 9, 2006

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