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THE PRESIDENT OF THE UNITED STATES,
THE PRESIDENT OF THE SENATE,
THE SPEAKER OF THE HOUSE OF REPRESENTATIVES,
THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND
THE SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES:
The text of this petition is based substantially on Washington Senate Joint Memorial 8012, introduced on March 13, 2019. We support the sponsors of Washington Senate Joint Memorial 8012 and petition for redress of grievances as follows.
WHEREAS, Congress passed into law the National Childhood Vaccine Injury Act of 1986, which states that "No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine related injury or death associated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings"; and WHEREAS, in 2011, the United States Supreme Court ruled in Brueswitz v. Wyeth that the National Childhood Vaccine Injury Act of 1986 preempts all design defect claims against vaccine manufacturers brought by plaintiffs who seek compensation for injury or death caused by vaccine side effects; and WHEREAS, our individual human rights should outweigh the profits of pharmaceutical companies, and individuals should have the ability to hold vaccine manufacturers liable for design defects that result in adverse side effects from vaccines; and WHEREAS, The European Union has found a way to allow evidence-based suits holding vaccine manufacturers liable without destabilizing the European health care system;
NOW, THEREFORE, we respectfully ask that the United States Congress pass, and the President of the United States sign, legislation removing 42 U.S.C. Sec. 300aa-22(b)(1) from law and therefore allow design defect claims against vaccine manufacturers by individuals who have experienced adverse side effects caused by vaccines.