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LAWSUIT FILED TO HALT SWINE FLU VACCINE DISTRIBUTION

 

By Sarah Foster
Posted 1:00 AM Eastern
October 14, 2009
2009 NewsWithViews.com

WASHINGTON – With the U.S. Food and Drug Administration scheduled to begin nationwide delivery this week of swine flu vaccine to 90,000 government-approved locations, attorney James Turner filed a complaint Friday in federal court in the District of Columbia for a Temporary Restraining Order to halt the distribution, licensing and use of four controversial vaccines -- including their use under an existing Emergency Use Authorization (EUA) -- until there has been adequate safety testing and a full opportunity for public hearings.

The suit challenges the Sept. 15 licensing of four swine flu vaccines, alleging that the FDA violated the law in its hurried approval by failing to determine the safety and efficacy of the vaccines as required by law since 1964.

Turner told NewsWithViews that none of the procedures that should have been done, and that make up a formal administrative record, had been done.

“Our argument is that they’re required to follow the law that says how you determine something is safe and effective,” he said. “They did not follow that law. They did not have any public hearings; they did not have any notice and comments. Their core argument is that this is such a unique and significant problem that they must move forward immediately and vaccinate everybody if they can. The way they’re doing that is to argue that the virus itself is so similar to the ordinary, routine flu [virus] that they do not have to go through the regular process of safety approval for this new drug.”

The action came just 10 days after the demonstration by healthcare workers in Albany, N.Y., who were protesting a new state requirement that they be vaccinated against swine flu [H1N1] or lose their jobs. The suit was filed on behalf of plaintiffs Gary Null, PhD, well-known nutritionist, author and broadcaster, who had spoken at the rally; Rima Laibow, M.D., a trustee of the Natural Solutions Foundation; several nurses and healthcare workers. All are residents of New York State. In addition, the Natural Solutions Foundation and Foundation for Health Choice, two non-profit health freedom activist groups, are also plaintiffs.

According to a media release by Citizens for Health, a group headed by James Turner, the plaintiffs are alleging:

The government failed to follow its own rules and applicable legislation in rushing the vaccine approvals through without adequate testing for both safety and effectiveness as required by the 1938 Food, Drug and Cosmetic Act and its 1964 amendments.
There is a possibility that the Live Attenuated Influenza Virus (LAIV) nasal mist vaccine could trigger the very pandemic the government claims people should fear has not been ruled out.
Since the government is uncertain whether one dose of H1N1 vaccine will be effective by itself, FDA is permitting it to be combined with squalene, an additive known to be unsafe, to boost its effects.
The non-nasal vaccines contain thimerisol, a mercury containing preservative, which increases the mercury load on individuals including pregnant women and children, despite the FDA’s stated goal of reducing the exposure of infants, children, and pregnant women to mercury from various sources.

The lawsuit – which was then in the works – was announced at the rally. Turner, a noted health freedom advocate, discussed the case on Natural News Talk Hour the evening before the filing, and it was reported the following day on NaturalNews.com and HealthFreedomusa.org, the website for the Natural Solutions Foundation.

"The suit will seek an injunction against the FDA from approving the vaccine," Turner told Natural News host Mike Adams. “The core of the argument is that they have not done the proper safety and efficacy tests on the vaccine to allow it to be released at this time."

“The FDA is required by law to establish that a vaccine is safe and effective before it can be given to the public,” Turner said. “We are arguing that they did not establish that the vaccine was effective, and did not establish that it was safe. They are trying to get it on the market by a waiver.”

In the discussion, Turner raised the issue of adjuvants. An adjuvant is an agent that has no antigenic effect by itself, but increases the antigenic response of a vaccine. According to Turner the vaccine/adjuvant combination being referred to as the "swine flu vaccine" has apparently not been safety-tested or approved by the FDA. He said that in many cases the vaccine and adjuvant have been sent separately to clinics, pharmacies and other health facilities, leaving it up to local vaccine retailers to mix the two together. With hundreds of millions of Americans potentially being targeted with this vaccine, the potential for improper mixing, improper dosages, and human error is alarming, he said.


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To date, the FDA has produced absolutely no scientific evidence documenting safety tests for any of these swine flu vaccines. There are no published studies, no records of any clinical trials, and no publicly-available paper trail demonstrating that any safety testing was done whatsoever. There is no researcher who has publicly put their name on the record declaring the vaccines to be safe, and no FDA official has ever stated that scientifically-valid safety testing has ever been conducted on the vaccine / adjuvant combinations now being distributed across America.

Turner would like to know: "What has been tested? Where has it been tested? Who reviewed the test? Who looked at the test and said yes they proved safety and efficacy? There is no record that we can find that shows these things have been done."

He said there are no records of clinical trials or peer-reviewed studies demonstrating safety testing. And no medical professional has gone on record stating that H1N1 vaccines are safe for the public.

‘Corporate Nirvana’

The question is why the rush? Why not take the time needed to safety-test the vaccine? Why spend such huge amounts of tax dollars for a public relations campaign to persuade reluctant consumers to be vaccinated or – worse – pass legislation to make it mandatory. All for a vaccine that has not even been safety-tested? It’s very like the campaign for Gardasil.

Speaking of which -- Judith Siers-Poisson, editor of PR Watch, nailed it in her 2007 series Politics and PR of Cervical Cancer:

“In the world of drugs, vaccines for use by the whole population are close to corporate nirvana since they ensure a mass market for prevention instead of having to wait to identify the smaller number of people who actually develop a particular disease. In addition, mandating vaccination helps ensure a mass market and gets the government involved in what would otherwise be left to market forces.”

That would surely apply here.

Turner reports, “They’re charging $24.95 to get a vaccine. Multiplied by 100 million people, that’s a lot of money. If you do the whole society, you’re talking about several billion dollars.” Indeed. Vaccinating 300 million people would generate some $7.5 billion. Even if the shots are free or at low cost to the public – with the government buying the vaccine, that’s quite a Corporate Nirvana for Big Pharma.

Legal Team

The lead attorney for the plaintiffs, Leslie Fourton, J.D., of New York City, is working with the respected Washington regulatory law firm of Swankin and Turner and a team of legal experts from around the country, including attorneys Larry Becraft, Ala; Alan G. Phillips, N.C.; and Ralph Fucetola, N.J. (aka "The Vitamin Lawyer"). Fucetola is counsel to Natural Solutions Foundation.

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James Turner, of Swankin and Turner, is also chairman of the board of Citizens for Health, a non-profit health activist organization. He was involved in stopping the administration of the swine flu vaccine in 1976 when immunization had to be terminated not only because the feared epidemic failed to happen, but because thousands of Americans suffered adverse reactions, including Guillain-Barré syndrome, that in some cases lead to paralysis and death.

Docket Number for Null, Laibow, et al v FDA, et al: 1:09-cv-01924.

Earlier Stories

1 - Sarah Foster: N.Y. Healthcare Workers Rebel Against Mandatory Forced Vaccinations: Oct. 1, 2009
2 - Bill Sardi: 18 Reasons Why You Should Not Vaccinate Your Children Against the Flu, Sept. 27, 2009. Another LabVirus.com article.
3 - Byron Richards: The Narrow Scope of Flu Vaccine Usefulness, Sept. 9, 2009
4 - Shane Ellison: Medicinal Chemist Says: "Think Before You Vaccinate" Sept. 3, 2009
5 - Devvy Kidd: Mandatory Vaccinations? Tell Feds and States to 'Stick It' Aug. 24, 2009 (Extensive list of links to reference reports and articles at end)
6 - Bill Sardi: Did the Federal Gov't Hide a Flu Epidemic in 1993 and Why? Aug. 17, 2009
7 - Sarah Foster: Eighteen Deaths Linked to Gardasil Vaccine Report Claims, July 17, 2008

Related Sources

1 - Media Release:
2 - Complaint:
3 - Brief:
4 - Mike Adams: Urgent Lawsuit Filed Against FDA to Halt Swine Flu Vaccines; Claims FDA Violated Federal Law: Oct. 9, 2009. Adams (aka the Health Ranger) is NaturalNews editor and talk show host.
5 - Can Vitamin D Help Prevent H1N1 Swine Flu from Spreading?
6 - UPDATE: Judge Halts Flu Vaccine Mandate For Healthcare Workers

2009 NWV - All Rights Reserved

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Sarah Foster is a researcher and freelance writer:
sarahfoster7433@att.net


 

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The suit challenges the Sept. 15 licensing of four swine flu vaccines, alleging that the FDA violated the law in its hurried approval by failing to determine the safety and efficacy of the vaccines as required by law since 1964.