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NY Take Action: Senate Dems pushing S9604 further eroding right to sue for vax injury
The New York Senate Democrats are attempting to pass Senate Bill S9604 (Hinchey-D) today or tomorrow, a bill that attempts to eliminate New Yorkers right to go to court for vaccine injuries caused by products approved by the State of New York. This morning the bill was moved from the Floor Calendar to the “Active List”, which does not assure the bill will be passed, but makes it much more likely. 

This is part of the new vaccine regulatory regime that New York and many other blue states are trying to create that they believe will allow them to bypass any regulatory oversight by federal public health agencies. The goal is to prevent any reform of the vaccine program by the federal government and preserve the vaccine cartel status quo.  

Most of you are familiar with the 1986 Act that took away the right to sue for injuries caused by the vaccines approved by the federal government. New York is taking that denial of right one step further by offering no alternative of any kind for redress of an injury. The 1986 Act created the National Vaccine Injury Compensation Program (the “vaccine court”) that theoretically was supposed to offer swift justice to the vaccine injured. New York is offering nothing. Just complete revocation of our Seventh Amendment right to a jury trial for an injury, and complete transfer of all risk to the person who gets the shot, which in many instances will be given under coercion and duress. 

Many Democrats do not believe that vaccine injuries occur, and even if they do, it is far more important to them to support the vaccine cartel than to protect the physical health and fundamental rights of Americans. 

More than 2.8 million adverse events have been reported to the federal Vaccine Adverse Event reporting System  since 1990, which is estimated to be less than 1% of all the actual injuries according to the single internal federal study that looked at this question.  

The National Vaccine Injury Compensation Program (the “vaccine court”) has paid our more than $5.6 billion for vaccine injuries. 

Every vaccine package insert lists sometimes up to hundreds of known adverse events caused by the product. 

Yet the default position now with New York Democrats is to dismiss all of this. This attitude is abundantly clear in the memo for S9604 and the companion bill in the Assembly A9140 (Rosenthal-D). Neither Hinchey or Rosenthal are parents, and that lack of perspective is abundantly clear in their memo: “Providers who adhere to state or local guidelines when administering vaccines deserve the same liability protections as when they administered vaccines recommended by ACIP. This legislation would ensure the protection of healthcare providers from liability when administering vaccines in accordance with state or local guidelines.” The rights of injured people, especially of injured children who bear the brunt of the cost of the vaccine regimen, are not mentioned at all.

 

 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

Michelle Hinchey, Senate sponsor (518) 455-2350

Gustavo Rivera, (518) 455-6858

Sam Sutton, (518) 455-2754

Michael Gianaris, (518) 455-3486

Peter Harckman, (518) 455-3111

Joseph Addabbo, (518) 455-2322

Christopher Ryan, (518) 455-3511

Lea Webb, (518) 455-2170

Samra Brouk, (518) 455-2215

Kevin Parker, (518) 455-2580

Zellnor Myrie, (518) 455-2410

Robert Jackson, (518) 455-2041

Kristen Gonzalez, (518) 455-3250

Rachel May, (518) 455-2838

Jamaal Bailey, (518) 455-2322

Leroy Comrie, (518) 455-2701

Nathalia Fernandez, (518) 455-3595

Liz Krueger, (518) 455-2297

John Liu, (518) 455-2210

Shelley Mayer, (518) 455-2031

Luis Sepulveda, (518) 455-2511

 

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

This bill proposes a blatant violation of the New York State Constitution, Article 1, Section 2, “Trial by jury in all cases in which it has heretofore been guaranteed by constitutional provision shall remain inviolate forever;”. The fact that the bill was introduced proves that the right to sue a medical worker for a vaccine injury is “heretofore guaranteed.” 

Medical professionals are liable for injuries caused by 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.  So what is the point?

No alternative remedy is proposed to supplant the anticipated elimination of the right to go to court, which effectively transfers 100% of the risk of a vaccine injury to the patients and the patient’s family.

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? 

 

 

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