PReP - LITIGATION

LITIGATION

LITIGATION Updated 6-4-10 Court of Appeals for the Federal Circuit rules on vaccine injury statute of limigations: The Court ruled that "where the medical community at large does not recognize that a symptom is related to a vaccine and the claimant has not received medical information suggesting a connection . . . the statute of limitations does not begin running . . ." This may enable non-table injuries such as autism to be filed despite the lapse of time for table injuries. See Cloer v. Sec. of HHS, May 6, 2010 'Vaccine Court' rejects mercury-autism link in 3 test cases (article), Los Angeles Times, March 12, 2010 U.S. Supreme Court Accepts Appeal Over Vaccine Safety (article) Babara Loe Fisher v. Paul Offit, M.D., 09 CV 1398 (civil case: defamation; dismissed 3-10-10) FDA Petition and Federal District Court Case to Stop Licensing of Swine Flu Vaccine (civil case: injunction) Co-MeD v. U.S. Sec. of HHS and FDA Commissioner (civil case: injunction) Tim Vawter v. Federal Government, Civil Action No. 09-3803 (JAP) (civil case: injunction; dismissed 10-2-09) Vaccine court cases around the U.S. Please send submissions, updates, and corrections to: NC PReP Manager. Alan Phillips, J.D., Director Rich Roberts, Manager	LIVE PRESENTATIONS Courtroom, Pittsboro, NC JOIN OUR PROFESSIONAL PANEL SUBSCRIBE TO OUR E-NEWSLETTER JOIN OUR VOLUNTEER POOL LEARN YOUR RIGHTS, SUPPORT THE PReP! BECOME A FAN OF PReP!
Barbara Loe Fisher v. Paul A. Offit, M.D., Amy Wallace, Condè Nast Publications Inc., 09 CV 1398, United States District Court for the Eastern District of Virginia This is a defamation lawsuit by the NVIC's Barbara Loe Fisher for Dr. Offit's claim in Wired Magazine that Ms. Fisher "lies" about vaccines. Filed: December 23, 2009 See the complaint here. UPDATE: Case Dismissed, March 10, 2010. Read the Memorandum Opinion.
FDA Petition and Federal District Court Case to Stop Licensing of H1N1 Vaccine in the U.S. Health Freedom Citizens Petition to FDA: STOP the "Swine Flu" Vaccine Rush to Approval (Organic Consumers Association article). This FDA Petition was a prerequisite to the subsequently filed Complaint in D.C. Federal District Court. Stop the Shot Complaint for Injunction filed in DC District Court Today! (Aloha Analytics article, 10-9-09) This case is ongoing at this time.
Co-MeD v. US Sec. of HHS and FDA Commissioner This was a 2009 injunction that asked the Court: (1) To stop the vaccination of pregnant women with any mercury-preserved flu vaccine, and (2) To stop the Secretary of Health and Human Services and the Centers for Disease Control and Prevention from recommending the vaccination of any pregnant woman with a mercury-preserved flu shot. The case in pending at this time. August 24, 2009 Press Announcement Co-Med Website for Mercury-Free Drugs This case is ongoing at this time.
Tim Vawter v. Federal Government, Civil Action No. 09-3803 (JAP), United States District Court for the District of New Jersey This was an injunction filed in NJ federal district court to halt swine flu vaccines in the summer of 2009. This case was dismissed 10-2-09. Here's a copy of the Order. Here's why injunctions are likely to fail.