COVID-19
Rep. Paul Gosar introduces bill to end vaccine manufacturer immunity from injury lawsuits
From LifeSiteNews
Rep. Paul Gosar’s End the Vaccine Carveout Act would eliminate the general immunity vaccine manufacturers enjoy from vaccine injury civil suits under the federal National Childhood Vaccine Injury Act of 1986.
Republican U.S. Rep. Paul Gosar of Arizona introduced a bill Thursday that would end pharmaceutical companies’ shield against liability for any potential harmful effects of the vaccines they manufacture.
H.R. 9828, the End the Vaccine Carveout Act, would allow individuals to “bring a civil action against a vaccine administrator or manufacturer in a State or Federal court for damages arising from such injury or death,” according to an advance copy of the text provided to LifeSiteNews.
This would eliminate the general immunity vaccine manufacturers enjoy under the federal National Childhood Vaccine Injury Act of 1986, which instead establishes a compensation program for victims. Gosar’s bill allows for civil actions to be pursued regardless of whether a victim has filed a petition with the program, although ultimately receiving an award from one would invalidate a petition to the other.
“Government bureaucrats and scientists responsible for approving vaccines are in bed with Big Pharma, often owning pharmaceutical stocks, serving as consultants and receiving lucrative contracts from pharmaceutical companies that pressure them to produce favorable results which is in direct violation of federal law,” Gosar said in a press release. “Big Pharma doesn’t deserve a get-out-of-jail-free card for injuries caused by their harmful vaccines.”
The question of vaccine safety has become more mainstream in recent years due to the controversy surrounding the COVID-19 vaccines, which were developed and reviewed in a fraction of the time vaccines usually take under the Trump administration’s Operation Warp Speed initiative.
A large body of evidence identifies significant risks to the COVID vaccines. Among it, the federal Vaccine Adverse Event Reporting System (VAERS) reports 37,910 deaths, 217,931 hospitalizations, 21,917 heart attacks, and 28,602 myocarditis and pericarditis cases as of September 6, among other ailments. U.S. Centers for Disease Control and Prevention (CDC) researchers have recognized a “high verification rate of reports of myocarditis to VAERS after mRNA-based COVID-19 vaccination,” leading to the conclusion that “under-reporting is more likely” than over-reporting.
An analysis of 99 million people across eight countries published February in the journal Vaccine “observed significantly higher risks of myocarditis following the first, second and third doses” of mRNA-based COVID vaccines, as well as signs of increased risk of “pericarditis, Guillain-Barré syndrome, and cerebral venous sinus thrombosis,” and other “potential safety signals that require further investigation.” In April, the CDC was forced to release by court order 780,000 previously undisclosed reports of serious adverse reactions, and a study out of Japan found “statistically significant increases” in cancer deaths after third doses of mRNA-based COVID-19 vaccines, and offered several theories for a causal link.
In Florida, an ongoing grand jury investigation into the vaccines’ manufacturers is slated to release a highly anticipated report on the shots, and a lawsuit by the state of Kansas has been filed accusing Pfizer of misrepresentation for calling the shots “safe and effective.”
Yet so far, Big Pharma has largely escaped accountability thanks to both the aforementioned 1986 law and the federal Public Readiness and Emergency Preparedness (PREP) Act of 2005.
According to the Congressional Research Service (CRS), the PREP Act empowers the federal government to “limit legal liability for losses relating to the administration of medical countermeasures such as diagnostics, treatments, and vaccines.” Near the beginning of the 2020 COVID-19 outbreak, the Trump administration invoked the Act in declaring the virus a “public health emergency.”
Under this “sweeping” immunity, CRS explained, the federal government, state governments, “manufacturers and distributors of covered countermeasures,” and licensed or otherwise-authorized health professionals distributing those countermeasures are shielded from “all claims of loss” stemming from those countermeasures, with the exception of “death or serious physical injury” brought about through “willful misconduct,” a standard that, among other hurdles, requires the offender to have acted “intentionally to achieve a wrongful purpose.”
Many hope that by going after Big Pharma for misrepresentations surrounding their products rather than the products themselves, efforts like the Kansas suit can circumvent that hurdle to impose consequences on those responsible for the shots.
COVID-19
Crown seeks to punish peaceful protestor Chris Barber by confiscating his family work truck “Big Red”
The Justice Centre for Constitutional Freedoms announces that the Ontario Court of Justice will hold a hearing at 10:00 a.m. ET on Wednesday, November 26 at 161 Elgin Street, Ottawa, regarding the Crown’s attempt to permanently seize “Big Red,” the 2004 Kenworth long-haul truck relied upon by peaceful Freedom Convoy protestor Chris Barber and his family trucking business.
Constitutional lawyer Diane Magas, who represents Mr. Barber, is opposing the forfeiture.
“The impact of the forfeiture of ‘Big Red’, which is an essential part of the operation of Mr. Barber’s trucking business and is relied upon by Mr. Barber, his family as well as employees, is not what Parliament had in mind when enacting those forfeiture provisions, especially considering the context of a political protest where the police told Mr. Barber where to park the truck and when Mr. Barber moved the truck after being asked to move it,” she said.
Mr. Barber, a Saskatchewan trucker and central figure in the peaceful 2022 Freedom Convoy, depends on this vehicle for his livelihood. The Crown alleges that his truck constitutes “offence-related property.”
The November 26 hearing will address the Crown’s application to seize the truck and will include evidence regarding ownership and corporate title. The Court will also consider an application filed earlier this year by Mr. Barber’s family, who are asserting their rights as interested third parties and seeking to prevent the loss of the vehicle.
Mr. Barber was found guilty of mischief and counselling others to breach a court order following the peaceful Freedom Convoy protest, despite his consistent cooperation with law enforcement and reliance on legal advice during the events of early 2022. At sentencing, the Court acknowledged that he “came with the noblest of intent and did not advocate for violence,” emphasizing that Mr. Barber encouraged calm and compliance.
Mr. Barber said, “‘Big Red’ is how I put food on the table. I followed every instruction police gave me during the protest, and I never imagined the government would try to take the very truck I rely on to earn a living.”
COVID-19
Freedom Convoy protestor Evan Blackman convicted at retrial even after original trial judge deemed him a “peacemaker”
Evan Blackman and his son at a hockey game
The Justice Centre for Constitutional Freedoms announces that peaceful Freedom Convoy protestor Evan Blackman has been convicted of mischief and obstructing a peace officer at the conclusion of his retrial at the Ontario Court of Justice, despite being fully acquitted on these charges at his original trial in October 2023.
The Court imposed a conditional discharge, meaning Mr. Blackman will have no jail time and no criminal record, along with 12 months’ probation, 122 hours of community service, and a $200 victim fine surcharge.
The judge dismissed a Charter application seeking to have the convictions overturned on the basis of the government freezing his bank accounts without explanation amid the Emergencies Act crackdown in 2022.
Lawyers funded by the Justice Centre had argued that Mr. Blackman acted peacefully during the enforcement action that followed the federal government’s February 14, 2022, invocation of the Emergencies Act. Drone footage entered as evidence showed Mr. Blackman deescalating confrontations, raising his hand to keep protestors back, and kneeling in front of officers while singing “O Canada.” The original trial judge described Mr. Blackman as a “peacemaker,” and acquitted him on all charges, but the Crown challenged that ruling, resulting in the retrial that has now led to his conviction.
Mr. Blackman was first arrested on February 18, 2022, during the police action to clear protestors from downtown Ottawa. Upon his release that same day, he discovered that three of his personal bank accounts had been frozen under the Emergency Economic Measures Order. RCMP Assistant Commissioner Michel Arcand later confirmed that 257 bank accounts had been frozen nationwide under the Emergencies Act.
Constitutional lawyer Chris Fleury said, “While we are relieved that Mr. Blackman received a conditional discharge and will not carry a criminal record, we remain concerned that peaceful protestors continue to face disproportionate consequences stemming from the federal government’s response in February 2022.”
“We are disappointed that the Court declined to stay Mr. Blackman’s convictions, which are tainted by the serious infringements of his Charter-protected rights. Mr. Blackman is currently assessing whether he will be appealing this finding,” he added.
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