We always have to watch Albany closely in the last few days of the legislative session when they try and sneak things through when hundreds of bills are being voted on every day, and oversight is limited. And here we are, the day before the legislature is supposed to adjourn for the year, and the New York Senate is attempting to rush through a bill, S9604 (Hinchey-D), that will take away our right to sue medical professionals for injuries caused by vaccines approved by the State.

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. This is another part of the scheme to allow New York to develop its own vaccine schedules with no oversight from any federal agency.  Most of you know that Federal law provides legal immunity to manufacturers and medical workers who administer vaccines approved by the federal government. According to the infamous 1986 Act, injured parties are supposed to seek compensation through the National Vaccine Injury Compensation Program. 

A huge difference is that Sen. Hinchey’s S9604 shifts 100% of the risk of vaccine injury to the injured party with no way under New York law for any legal redress. Injured people will be completely on their own. Injured people who in many cases would receive the vaccine under coercion from mandates imposed by the state, employers and others who refuse to take any legal responsibility for their action.   

This is a weird bill. No protection is offered to vaccine manufacturers, and if the vaccine is not approved by the federal government, which is the whole point of this and other legislation, then a person injured by a vaccine approved by the state but not the federal government could be able to sue both the manufacturer and the person who administers the product in federal court.  So it is not clear to us how this bill will do what the sponsors claim it is supposed to achieve.

 

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 S9604 and do not want it to get a vote on the floor.

Sen. Andrea Stewart Cousins, Senate Majority Leader (518) 455-2585

Sen. Michelle Hinchey, Senate sponsor (518) 455-2350

 

Use the panel to the right to send a message to your State Senator asking him or her to oppose S9604.

 

Call your State Senator 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

Medical professionals are liable for injuries caused by the for the administration of every other product why should vaccines receive special protection. 

This bill is intended to protect vaccines approved by the State of New York that are not approved by the federal government. If a person is injured by a vaccine not approved by the federal government the injured person will be able to sue in federal court. What is the point?

The right to go to court and have a trial by jury is protected by the Seventh Amendment of the US Constitution. How can a State law override a Constitutional right?

If a physician will not take responsibility for their actions, why should we be compelled to comply? 

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?