The New York Assembly Health Committee just passed a bill, A9140, authored by Linda Roesnthal (D-Upper Westside) that would eliminate the right of people injured by a vaccine recommended by the State of New York to sue the physician who ordered the shot or the healthcare worker who administers it. Sen. Michelle Hinchey (D-)sponsored the same bill (S9604) in the Senate.
The National Childhood Vaccine Injury Compensation Act of 1986 gave legal immunity from lawsuits for both vaccine manufacturers and healthcare workers who administer vaccines for injuries caused by products approved by the federal Advisory Committee on Immunization Practices (ACIP). Vaccines not approved by the ACIP are subject to legal liability like every other product. Instead of going to court injured people were supposed to be swiftly compensated by an administrative program.
Gov. Hochul has made it clear that she intends to sever New York’s relationship with the ACIP and other federal health agencies responsible for vaccine licensing, testing, and policy. The vaccine bills currently in the legislature at her request, A10711/S9895, show Gov. Hochul intends to recommend vaccines not approved by the federal government. And these vaccines will not have liability immunity under federal law.
Injured people will still be able to sue both the person who administered the vaccine and the vaccine manufacturer in federal court if they are injured by a vaccine not approved by the ACIP, so what is the point of this bill?
TAKE ACTION
You must get on the phone today and call the following leaders in the legislature and let them know politely that you oppose the RFKJR Act A765/S9893.
Use the Panel to the right to send a message to your State Senator and Assemblymember asking them to oppose the RFKJR Act A765/S9893.
Sen. Andrea Stewart Cousins, Senate Majority Leader (518) 455-2585
Sen. Gustavo Rivera, Health Committee Chair (518) 455-3395
Sen. Michelle Hinchey, Senate sponsor (518) 455-2350
Asm. Carl Heastie, Speaker of the Assembly (518) 455-3791
Asm. Any Paulin, Health Committee Chair (518) 455-5585
Asm. Linda Rosenthal, Assembly sponsor (518) 455-5802
Call your State Senator and Assemblymember’s offices and ask to speak to the elected official and let him or her know that you want them to oppose these bills. Talking points are below.
Look up your State Senator here: https://www.nysenate.gov/find-my-senator
Look up your Assemblymember here: https://nyassembly.gov/mem/search/
TALKING POINTS
At least the federal government provides an alternative to the courts to injured people, Rosenthal and Hinchey’s bill provides no way to compensate injured people. 100% of the risk of getting a vaccine is transferred to the person receiving the shot, who many cases is receiving the vaccine under coercion from mandates imposed by the state, employers and others.
The right to go to court and have a trial by jury is protected by the Seventh Amendment. How can a State law override a Constitutional right?
If vaccines are safe for everybody why do they want to eliminate our Constitutional right to sue for an injury?
If vaccines are not safe for everybody why do they want to eliminate our Constitutional right to sue for an injury?
Lawsuits serve as an enormously important incentive to produce safe and effective products. What happens in the vaccine industry no longer has the discipline enforced by legal responsibility?
A9140/S9406 erodes fundamental Constitutional rights and will not achieve its own purported goal.