Vaccine liability protection - Help

[rothko]

Hey everyone, RFK jr said that the reason vaccine manufacturers want to go after younger kids is because they only recieve full liability protection if its administered to young kids. Im trying to find the age and the law where this is explicit. Reading over the National Childhood Vaccine Injury Act of 1986 it says they are immune unless they commit certain wrongdoings. I cant find the age criterion.



SEC. 2123. ø300aa–23¿ (a) G ENERAL RULE.—A civil action
against a vaccine manufacturer for damages for a vaccine-related
injury or death associated with the administration of a vaccine
after the effective date of this part 24 which is not barred by section
2111(a)(2) shall be tried in three stages.
(b) LIABILITY.—The first stage of such a civil action shall be
held to determine if a vaccine manufacturer is liable under section
2122.
(c) GENERAL DAMAGES.—The second stage of such a civil action
shall be held to determine the amount of damages (other than pu
nitive damages) a vaccine manufacturer found to be liable under
section 2122 shall be required to pay.
(d) PUNITIVE DAMAGES.—
(1) If sought by the plaintiff, the third stage of such an ac
tion shall be held to determine the amount of punitive dam
ages a vaccine manufacturer found to be liable under section
2122 shall be required to pay.
(2) If in such an action the manufacturer shows that it
complied, in all material respects, with all requirements under
the Federal Food, Drug, and Cosmetic Act and the Public
Health Service Act applicable to the vaccine and related to the
vaccine injury or death with respect to which the action was
brought, the manufacturer shall not be held liable for punitive
damages unless the manufacturer engaged in—
(A) fraud or intentional and wrongful withholding of
information from the Secretary during any phase of a pro
ceeding for approval of the vaccine under section 351,
(B) intentional and wrongful withholding of informa
tion relating to the safety or efficacy of the vaccine after
its approval, or
(C) other criminal or illegal activity relating to the
safety and effectiveness of vaccines,
which activity related to the vaccine-related injury or death for
which the civil action was brought.

 

[rothko]

Just wondering if anyone can point me in the right direction over this question.

 

[rothko]

Urgent! Stop FDA Approval of Pfizer Shots for Kids 6 Months to 4 Years

The clinical trial failed in this age group. We have 14 days to stop the U.S. Food and Drug Administration from committing a crime against humanity.

childrenshealthdefense.org

This article has a reference to RFK jr just saying it.

 

[Lollipop2]

Urgent! Stop FDA Approval of Pfizer Shots for Kids 6 Months to 4 Years

The clinical trial failed in this age group. We have 14 days to stop the U.S. Food and Drug Administration from committing a crime against humanity.

childrenshealthdefense.org

This article has a reference to RFK jr just saying it.

Contact their staff attorney. Children’s Health Defense.

 

[Perry Staltic]

I don't think age has anything to do with it. Once the shot is listed on the CDC schedule for kids, they are immune.

 

[rothko]

@Perry Staltic

Immunization Schedules for 18 & Younger

View and print CDC recommended immunization schedules.

www.cdc.gov

heres the schedule -- so they only have liability protection through EUA right

theyll never approve until they get immunity from liability through schedule or childhood vaccination (however it works) -- if i find out the specifics ill share

 

[tankasnowgod]

I don't think age has anything to do with it. Once the shot is listed on the CDC schedule for kids, they are immune.

Of course age has something to do with it. There is a cutoff for children's ages. The Shingles vaccine is only offered to adults, so clearly, if a vaccine is only offered to those 50 and up, they are no longer considered children.

 

[Perry Staltic]

Of course age has something to do with it. There is a cutoff for children's ages. The Shingles vaccine is only offered to adults, so clearly, if a vaccine is only offered to those 50 and up, they are no longer considered children.

I think OP is trying to determine where age is specified in the immunity clause. Age is a factor in determinations for placing a vaccine on the CDC schedule for kids. Being on the schedule is what determines immunity, as I understand it, not specific ages.

 

[tankasnowgod]

I think OP is trying to determine where age is specified in the immunity clause. Age is a factor in determinations for placing a vaccine on the CDC schedule for kids. Being on the schedule is what determines immunity, as I understand it, not specific ages.

Can you point to the language in the act that specifies this?

There are vaccines approved for use in children that aren't on the schedule, like smallpox and yellow fever-

YF-Vax

CBER Approved Product For active immunization of persons 9 months of age and older who: •Are living in or traveling to endemic areas; •Travelling internationally to countries that require evidence of vaccination from entering travelers or; •Laboratory Personnel who might be expose to virulent...

www.fda.gov

ACAM2000

Emergent Product Development Gaithersburg Inc.

www.fda.gov

So, you are suggesting that even though the Yellow Fever vaccine can be administered to someone who is over 9 months of age, that the drug companies would have full liability in this case?

 

[Perry Staltic]

Can you point to the language in the act that specifies this?

There are vaccines approved for use in children that aren't on the schedule, like smallpox and yellow fever-

YF-Vax

CBER Approved Product For active immunization of persons 9 months of age and older who: •Are living in or traveling to endemic areas; •Travelling internationally to countries that require evidence of vaccination from entering travelers or; •Laboratory Personnel who might be expose to virulent...

www.fda.gov

ACAM2000

Emergent Product Development Gaithersburg Inc.

www.fda.gov

So, you are suggesting that even though the Yellow Fever vaccine can be administered to someone who is over 9 months of age, that the drug companies would have full liability in this case?

I have no idea. I'm not really interested enough in the subject to want to investigate. But that is an interesting question about smallpox and yellow fever.

 

[rothko]

Im looking -- ill let everyone know. its probably burried in some appendix on page 1,000,000

 

[Perry Staltic]

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