Changing this law would require an act of Congress, which is highly unlikely. Fortunately, there is a bill in Albany now to make the State of New York legally responsible for injuries caused by vaccines mandated by the state. Senator Andrew Lanza introduced Senate Bill S4162 and Assemblymember David DiPietro introduced A6451 that, if passed, would allow New Yorkers injured by vaccines required by the State to have their day in court.

Please use the panel to the right to send messages to your Assemblymember and State Senator asking them to co-sponsor these bills. 

Please call your State Senator and Assemblymember and ask them to begin restoring the rights that were taken away in 1988 and co-sponsor these bills. 

Please come to Albany on May 16 for a lobbying day to pass a slate of excellent bills including in addition to S4612/A6541:

S1636, (Oberacker-R), A3997 (Flood-R), Prohibits mandatory Covid shots for K-12, college, & employment 

S118, (Gallivan-R), A6676 (DiPietro-R), Restores the religious exemption to attend school

S5715 (Weik-R) A4460 (Durso-R), Requires a parent/guardian to be present when vaccines are administered to a minor

The Autism Action Network believes the denial of our right to sue for vaccine injury is a gross violation of the Seventh Amendment. Our right to a trial with a jury in civil court is explicit: "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law."

Lawsuits in the 70's and 80's against vaccine manufacturers were common, just like they are now for drug injuries, drugs made by the same giant companies that make vaccines.  We can sue Merck, Pfizer, Sanofi or Glaxo for an injury caused by one of their drug products, but we cannot sue for a vaccine injury. These four companies make all the vaccines required to attend school in New York, and all four of them are serial felons. All of them have paid billions of dollars in fines, penalties and settlements for crimes ranging from racketeering to  bribing doctors to faking evidence submitted to the regulatory agencies to killing more than 100,000 people with Merck's Vioxx product alone. But we cannot sue them in a real court for their somehow magically pure vaccine products.

Americans can, however, apply to the federal National Vaccine Injury Compensation Program, commonly called the "vaccine court." Except it is not a court. There is no judge. Plaintiffs’ lawyers are paid by the government. Plaintiffs have no right to subpoena. There is no right to discovery. There is no right to appeal. The patents for the vaccine that caused the injury are frequently owned by the federal government. Damages for deaths have been capped at $250,000 since the program began in 1986. The "vaccine court" rules are stacked in every possible way to favor the government. The program should borrow Dante's motto inscribed above the gates of Hell, "Abandon all hope ye who enter here."

The situation for people injured by COVID shots is even worse. COVID shots are defined by the feds as biological warfare countermeasures and they are not covered by the vaccine court but the Countermeasures Injury Compensation Program (CICP) which is far worse. The CICP will only cover medical expenses for injured people. Even though there are more than 1.5 million COVID vaccine-related injuries filed with the federal Vaccine Adverse Event Reporting System, including more than 35,000 deaths and 117,000 hospitalizations, so far only three COVID vaccine injuries have been compensated. 

It is long past time for the States to end this gross injustice, and the perverse incentives it creates for vaccine manufacturers. It will partially restore our fundamental human and Constitutional rights that were taken from us in 1988 and allow us to go to a real court.

See the bill here: https://nyassembly.gov/leg/?term=2023&bn=A06451   

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