April 24, 2020

PLAGUE OF CORRUPTION: A Loss of Identity in Vaccine Court

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By Kent Heckenlively, JD, Author, Plague of Corruption

 

Most Americans would be surprised to discover there’s something called “Vaccine Court,” established under the 1986 National Childhood Vaccine Injury Act, passed by a democratic Congress (spear-headed by former Congressman Henry Waxman), and signed into law by President Reagan.

“The Act” as it’s become known removes liability from pharmaceutical companies for any injuries or deaths caused by the vaccines they produce, and if a child dies as a result of a vaccine injury, the loss is capped at $250,000. Think about that. Your beloved child. A quarter of a million dollars.

The Vaccine Court also differs in many substantial ways from a typical court. It only allows discovery of pharmaceutical company documents with the permission of the courts. Normally, there is essentially unlimited discovery in most product liability cases. In addition, if you win your case, the findings are generally sealed. What that means in practice is if you come along alleging the same sort of damage as somebody who just won their case, the judges will look at you with an expression that says, “Hey, I’ve never heard of a case like this before!”

And because it’s such a rigged system, most doctors and scientists avoid testifying in favor of plaintiffs. Parents reeling from the injury to their child are not facing your typical corporate lawyers, but attorneys working for the Department of Justice.

Against the odds

The lopsided odds never frightened Dr. Judy Mikovits and her long-time collaborator, Dr. Frank Ruscetti.  So when attorneys asked them to testify on behalf of some children alleging injury, they quickly got to work reading the files, saw there was merit to the claims, and agreed to testify. In detailing their credentials to the court, they wrote:

Drs. Mikovits and Ruscetti changed the practice of immunology and medicine arguably more than any two individuals since 1980. As pioneers in translational medicine, we have worked our entire careers together in teams with MDs, nurses, nurse practitioners, Ph.Ds. Our passion throughout our careers is to work together to translate discoveries as quickly as possible and free from bias and conflicts of interest which is why we succeeded.[i]

Further on in the document they gave their understanding of what’s contained in certain vaccines:

MMR and varicella are live attenuated vaccines. The contaminants and excipients include human MRC5 cells, Human WI-38 lung cells, monkey kidney cells, guinea pig cell cultures and bovine serum. Live viral vaccines are all grown in human and animal cell lines and these animal and human cell lines contain human and animal retroviruses (adventitious agents which can recombine to generate new infectious retroviruses during the manufacture.) In addition to the animal and human retroviral contaminants, the carcinogen formaldehyde, antibiotics which dysregulate the GI [gastro-intestinal] and nasopharyngeal microbiomes, glutamate, and bio-incompatible contaminants, including nickel and chromium (EXH 6) can synergize in toxicity and the development of neuroinflammatory, neurodegenerative and neuroimmune diseases and cancer which can become clinically apparent decades later.[ii]

If we wanted qualified experts to be testifying in Vaccine Court, we could not do better than Dr. Mikovits and Dr. Ruscetti. Dr. Ruscetti’s credentials are equally impressive as those of Dr. Mikovits. Dr. Ruscetti, who worked at the National Cancer Institute for 39 years, is one of the founding fathers of the field of human retrovirology.

The case that highlighted the stacked deck of the Vaccine Court system was that of a 13-year-old girl who was training for a triathlon when she was vaccinated with the HPV (human papilloma virus) vaccine, and a Hepatitis-A vaccine. Afterwards, she developed postural orthostatic tachycardia syndrome (POTS) in which upon standing she often became dizzy and lightheaded. This spiraled into larger problems such as an abnormal heart rate; she also suffered a loss of consciousness for 20-30 minutes. In addition, she experienced skin problems in which her face became covered with lesions and peeling skin. Other conditions included fatigue, joint pain, lack of sleep, severe headaches, and inability to concentrate.

While earning a Ph.D. is, itself, an accomplishment, an advanced degree is neither sufficient nor necessary for demonstrating the scientific expertise expected of expert witnesses in the Vaccine Program. — Vaccine Court Special Master Christian J. Moran

An abrupt reality check

On May 25, 2018 the hammer was dropped on Dr. Mikovits and Dr. Ruscetti by Special Master Christian J. Moran (in Vaccine Court, the judges are known as “special masters”), who questioned the rate charged by the team. From Moran’s order:

The balance of costs comes from the invoice of $33,950.00 for expert services provided by Ms. Mikovits and Mr. Ruscetti.  Although both Ms. Mikovits and Mr. Ruscetti signed the expert reports, Ms. Mikovits was to be the sole testifying witness and the analysis here thus solely refers solely to her . . . An hourly rate of $350 is consistent with the range of rates provided to expert medically-trained immunologists with extensive research experience to testify in the Vaccine Program . . . It is true that Ms. Mikovits has been awarded a Ph.D. in biochemistry and neither Dr. Bellanti nor Dr. Shoenfeld has a Ph.D.  While earning a Ph.D. is, itself, an accomplishment, an advanced degree is neither sufficient nor necessary for demonstrating the scientific expertise expected of expert witnesses in the Vaccine Program.[iii]

Did you catch the complete and utter disrespect in the order?  Dr. Bellanti and Dr. Shoenfeld retain their professional degrees. Dr. Mikovits and Dr. Ruscetti are referred to as Ms. Mikovits and Mr. Ruscetti. Under what academic authority does Special Master Moran have the right to remove the professional degrees of Dr. Mikovits and Dr. Ruscetti?

There’s a reason parents have long distrusted the Vaccine Court and their Special Masters. One need look no further than the actions of Special Master Moran to understand they really don’t want to serve parents, but instead work on behalf of their real masters, Big Pharma and their lackeys in Public Health, who simply want all of us to sit down and shut up.

 

References:

[i] MARC Inc. Response to Questions to Andrea Heckman at Law Offices of Jeffrey M. Leving, Ltd.
[ii] Ibid.
[iii] George Dominguez v. Secretary of Health and Human Services, Published Decision on Remand Awarding Attorney’s Fees and Costs on an Interim Basis; Attorney’s Fees and Costs: Hourly Rate for a PhD Immunologist, May 25, 2018, Special Master Christian J. Moran, No. 12-378V, Case 1:12-vv-00378-EDK

 

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