Posted on 08/11/2009 9:40:20 AM PDT by freedommom
NaturalNews) A Preliminary Injunction to stop mandatory vaccinations has been issued in the United States District Court of New Jersey. This comes after a federal lawsuit opposing forced vaccines was filed in that court by Tim Vawter, pro se attorney, on July 31st with the federal government as defendant. When the judge signs the Preliminary Injunction, it will stop the federal government from forcing anyone in any state to take flu vaccine against their will. It will also prevent a state or local government from forcibly vaccinating anyone, and forbid any person who is not vaccinated from being denied any services or constitutional rights. Vawter's filings included a Complaint, and several pages of evidentiary Exhibits.
Vawter's legal papers have been written not only for filing in federal court, but additionally so they can be looked at by activists around the world for ideas on filing lawsuits in their own countries to help stop forced vaccinations. Vawter believes that as the truth of the dangers of flu vaccines continues to become known, banning the forced use of them will eventually succeed on a worldwide basis. He cautions people to avoid fear and keep themselves focused on the task of blocking forced vaccination.
Preliminary Injunction will immediately halt mandatory vaccinations in the U.S.
The Court, having heard the Motion for Preliminary Injunction and read the papers in its support, states in the Preliminary Injunction that it appears the federal government has engaged in some amount of negligence with regards to failure to properly investigate the safety of the flu vaccines scheduled for use in late 2009-2010, and the evidence submitted does warrant a more thorough investigation into the safety of the flu vaccines.
The Court ordered that the government shall be forbidden from forcing any person to be required to take any influenza vaccination against that person's free will and free choice. The government will not allow any state or local government, or any party, to force any person to be required to take any influenza vaccination against that person's free will and free choice.
It is further ordered that the government shall not deny any constitutional rights to any person who has not received a flu vaccine, nor allow any doctor, company, or other party to deny any of these people services such as medical care, attending school, or similar services or freedoms, nor can the government allow any doctors, companies, or other parties, to deny any of these people their constitutional rights. The only exception to this, where a person who does not get a flu vaccination might be denied certain services, shall be after it is shown in a court of law, with clear and convincing evidence, on an individual case-by-case basis, where due process and a right to a defense is allowed. Only then can a person be denied a particular service because the person did not receive a flu vaccine.
U.S. government sued for gross negligence and violation of the Constitution
In his Cause of Action, Vawter charged that the federal government has engaged in gross negligence by funding and promoting flu vaccines that are proven to be dangerous and manufactured with little oversight. The vaccines scheduled for use in late 2009 and 2010 contain heavy metals including thimerosal mercury, which have been proven to cause autism in children with lowered immune systems, and other dangerous and toxic ingredients. The federal government has stated it will force these flu vaccines onto the American public against their will, under a document signed by Health and Human Services Secretary Kathleen Sebelius.
He further charged that the vaccine makers stand to earn billions of dollars selling vaccines, and are already spending tens of millions advertising a "Phase 6 Pandemic" that the evidence shows does not really exist. The federal government has not required the World Health Organization (WHO) to show evidence of such a pandemic. There has been no collection of facts, sworn testimony, witnesses being questioned, hearings being held, or lie detector tests being given when preposterous statements have been made. The WHO declared a massive "Phase 6 Influenza Pandemic", even though only a few hundred people worldwide had so far died of this swine flu virus, and when far more people die each year of regular flu.
Vawter noted there is a preponderance of evidence to show that the federal government so poorly trained its employees that they eagerly agreed with the unsubstantiated claims of the WHO in the face of evidence to the contrary.
Forced vaccination would violate the Fourth Amendment of the Constitution by allowing the government to enter homes and force people to be vaccinated, or to forcibly remove people to another location for vaccination. It would also violate Fifth Amendment Constitutional rights by depriving people of liberty without due process of law.
Vawter charged that the federal government has engaged in gross negligence by failing to properly investigate factual evidence submitted by esteemed medical professions over many years which proves flu vaccines have caused serious damage to people. The CDC has stated that thimerosal mercury is being used in the new flu vaccines being prepared.
The government has failed to investigate profiteering. Billions of dollars in vaccine sales can cause organizations to falsify threats so as to cause unwarranted public hysteria leading to forced vaccinations.
The government is guilty of gross negligence because its employees failed to properly investigate the release of a case of live swine flu virus. One of the main companies the government deals with, Baxter Vaccines, was apparently involved in the transporting of live bird flu virus that was released on a public train earlier this year. A lab technician with the Swiss National Center for Influenza in Geneva had traveled to Zurich to collect eight ampoules, five of which were filled with the H1N1 swine flu virus. However, failure of the dry ice in their container allowed pressure to build up, and the ampoules exploded as the train was pulling into a station.
The highly reputable UK newspaper "the Telegraph" reported on July 2nd that flu vaccines tested on homeless people caused twenty-one of them to die.
Vawter charged there is a preponderance of evidence to show that government will not provide people being vaccinated with a list of the vaccine ingredients and possible negative side effects before they are vaccinated. Most of the public will not know this flu vaccine contains thimerosal mercury.
Vawter submitted an Order to force the government to publish vaccine ingredients and side effects, and to give this information to everyone who takes a flu vaccine, and do so at least 3 days prior to their vaccination. A denial of this order would violate Plaintiff's rights to demand the government obey the First Amendment of the U.S. Constitution by requiring it to engage in freedom of speech. The First Amendment not only allows a citizen to have freedom of speech himself, but it allows a citizen to demand his government engage in freedom of speech when it is promoting the use of such as these vaccinations to the public.
The government proclamation stating a person cannot sue for any damages he receives from the flu vaccine, completely bypasses the congress and the court system in violation of the Seventh Amendment of the Constitution which grants the right to sue to recover for damages. Vawter submitted an Order to deem unconstitutional any proclamation, rule or similar law that forbids people from suing for damages resulting from the vaccines of 2009 and 2010.
Vawter is seeking damages of $100,000.00 as the result of suffering depression, extreme anxiety and emotional duress when his nephew began life as a healthy, happy baby boy, only to come down with autism after being given baby vaccines that contained thimerosal mercury. For years his nephew has struggled with this incredibly debilitating, preventable condition. According to Vawter, a claim may be submitted not only by his nephew, but by others who have suffered damages from vaccinations.
Vawter claimed that several rules and proclamations detailed in the lawsuit are unconstitutional and claimed that if they are not stricken and amended, he and other people who may not be aware of the offenses or who may be unable to sue, will suffer pending "injury-in-fact" damages. As attorneys and law firms join this lawsuit, recovery requests will reveal the names of additional people who have suffered injuries so they can be contacted about recovering damages, as the law allows.
Motion for Preliminary Injunction claims some vaccines may contain live virus
Although much of the Preliminary Injunction is a reiteration of information contained in his lawsuit, there are a few additions of note. Vawter includes in his grounds the fact that since the manufacturing of flu vaccines involves first destroying a live flu virus, there is a possibility that live flu virus will be in some of the vaccines, causing even more damages to people who receive it, and spreading the virus.
He asked the Court to use federal law enforcement to initiate its own civil and criminal investigation into flu vaccine safety issue, as federal law allows for this.
He noted the days when Hitler's Nazi doctors forcibly gave shots containing adjuvants to innocent people, and reminded that Nazi ideology was stamped out precisely because of those atrocities. He claims it is unwise for the U.S. government to follow in the same path as the Nazis. America is a nation of civil laws, not a dictatorship that gives proclamations bypassing the courts and congress to demand forced vaccinations containing hazardous ingredients known to cause damages.
The forced vaccination debacle of 1976 that the government had to halt because it was injuring more people than it was protecting shows vaccine makers should not be allowed to force their vaccines on people who have no recourse. The prohibition against lawsuits by the injured gives the green light to vaccine makers to include thimerosal mercury in their new flu vaccines. When the Order deeming the forbidding of lawsuits as unconstitutional is given, any defendant will have to present factual proof in federal court, not just hearsay or advertising slogans, as so why the Constitution says it is okay to forbid people from suing to recover damages resulting from flu vaccine.
Medical professionals argue flu vaccines harm not just certain people but almost everyone who receives them. Yet the government has ignored factual evidence proving this, and instead listens to a profit run group of vaccine manufacturers who stand to earn billions of dollars as the government orders forced vaccinations on the public for the coming flu season.
The government has published a chart listing the WHO's "Phase 6 Influenza Pandemic" as being equal to an earthquake measuring 8.0 on the Richter Scale. This chart is preposterous because there are no factual criteria required for an "Influenza Pandemic" to be declared by the United Nations' WHO. The United Nations is a collective of numerous nations, most of whom have very different laws than the U.S. has, and where their leaders can simply declare or proclaim things to be so without judicial review, and their population must obey.
Glaxo Smith Kline stands to make $4 billion from its two flu vaccine drugs. CEO Andrew Witty has said his company has been preparing for a flu pandemic for thee years and has spent over $1 billion to expand its factories. Executives from Glaxo, Baxter, Novartis, and Sanofi Pasteur had seats at the advisory group that on July 13th recommended mandatory H1N1 vaccination for everyone in all 194 countries belonging to the WHO.
The fear mongering involved with this Phase 6 alert has been intense. An example being spread by interested parties is the story of a girl in England purported by the WHO to have died of swine flu because she was not vaccinated. A more thorough investigation later revealed the girl actually died of septic shock due to tonsillitis. The WHO, CDC and numerous vaccine companies have been extensively advertising dire yet apparently concocted warnings of flu pandemics. Yet only a small number of people worldwide have died from the new flu virus.
When influential TV newscasters questioned the WHO proclaiming a "Phase 6 Influenza Pandemic" without factual evidence to prove it, the WHO responded by simply stopping their tracking of swine flu cases, a bizarre behavior on the part of an organization designated to be the main hub for information gathering on the disease.
I read about a study where they injected one group of rats with one chemical and another group with a second chemical and all of them lived. They then injected a third group with the first chemical and a while later the same group with the 2nd chemical and 100% of them died. It would be too easy for this to happen with vaccines in the hands of someone unethical, and if they didnt do as good of a job as with the rats they and only some people died, they could have deniability and blame it on the flu. Vaccines are not necessare or helpful in most cases. I don’t trust our government or Big Pharma. To both of them money is more important that your life.
I’ve always suspected that obuma the fascist would attack Americans using NBC warfare.
He will never raise an army as big as and as well equipped as the American military, because American leftists are, quite simply, cowards.
I also suspect that the DIA is watching obuma’s NBC plots and movements.
This ruling is an interesting development. There’s more going on behind the scenes than we’ll ever know.
Link to article with detail on the squalene found in the adjuvant used with the vaccines: http://blogs.mercola.com/sites/vitalvotes/archive/2009/07/17/Squalene-The-Swine-Flu-Vaccines-Dirty-Little-Secret-Exposed.aspx
A search using ‘danger of squalene in vaccines’:
Lots of links above.
I just read the whole article.Here’s a bump.
“The highly reputable UK newspaper “the Telegraph” reported on July 2nd that flu vaccines tested on homeless people caused twenty-one of them to die.”
I hope we have more injunctions like this.
Here’s some more info re: laws and vaccines
Using New Laws for Swine Flu
Designed for Much Deadlier Disease, May Create a Perfect Storm
August 10, 2009 By Meryl Nass, MD
Source: BlogSpot
Meryl Nass, MD’s ZSpace Page
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1. The US government is using laws designed for dealing with a very deadly pandemic or bioterrorism to bring in a mass vaccination program for swine flu, specifically the Public Readiness and Emergency Preparedness Act of 2006.
http://www.hhs.gov/disasters/emergency/manmadedisasters/bioterorism/medication-vaccine-qa.html
2. This law removes liability from the manufacturer, medical practitioners who use the product, and from “government program planners” who decided on using the law. A suit can only be brought if the DHHS Secretary allows it, and if there is willful misconduct on the part of the manufacturer.
This law has been invoked for swine flu drugs (tamiflu and relenza)
http://edocket.access.gpo.gov/2009/pdf/E9-14412.pdf
for swine flu vaccines, and for novel vaccine adjuvants (which may be used in vaccines to stretch the supply and possibly convey broader immunity)
http://edocket.access.gpo.gov/2009/pdf/E9-14948.pdf
3. If testing of these products is very limited, then the manufacturers are unlikely to become aware of their flaws, and specifically their adverse effects. Then there can be no willful misconduct.
4. Due to the fear that swine flu will cause a large outbreak once students return to schools, where the virus might rapidly spread, the US government has stated that vaccine is likely to be available, and used, before clinical trials are completed.
WHO says vaccine will be ready in September. Novartis began testing in humans in late July, and Sanofi-Aventis and Glaxo-Smith Kline are starting now.
http://www.google.com/hostednews/ap/article/ALeqM5i-Qd-q3ALSGUV0tZqwFVoy1GlGfQD99TEJN81
The Europeans are also planning for use before testing is completed, despite warnings by experts about the potential dangers of untested vaccines.
http://www.google.com/hostednews/ap/article/ALeqM5iCajXBnuqbQEUf_cH4_dblpysz_gD99MCRJO1
5. The adjuvants likely to be used to strengthen vaccines and stretch the supply are named MF59 (Novartis) and ASO3 (Glaxo Smith-Kline). Only 3 vaccines using this type of adjuvant (oil-in-water, a.k.a. squalene-containing) have been licensed in Europe, and none have been given a license in the US. Two vaccines using these adjuvants are only used in people above the age of 65 (Fluad-MF59), and those with serious kidney disease (Fendrix-ASO4). Both advanced age and kidney failure weaken the immune system, so more powerful vaccines are needed, but in this population autoimmunity is unlikely to result from powerful immune stimulation. Cervarix is the third European vaccine (using adjuvant ASO4 against HPV) and its safety is controversial.
6. The then-Acting DHHS Secretary issued an Emergency Declaration in response to the swine flu epidemic on April 26, 2009. This allows use of unapproved (unlicensed) medical treatments and tests, or use of approved treatments for unapproved uses.
According to the Congressional Research Service, on April 27, 2009, the Food and Drug Administration issued four Emergency Use Authorizations in response to requests from the CDC to make available certain drugs, diagnostic tests and respiratory protection devices.
http://opencrs.com/document/R40560/
7. Vaccines containing MF59 and ASO3 have not had Emergency Use Authorizations issued for them—yet. However, the government has purchased $698 million dollars’ worth of these adjuvants in recent weeks.
http://www.hhs.gov/news/press/2009pres/07/20090713b.html
https://www.medicalcountermeasures.gov/BARDA/MCM/panflu/factsheet.aspx
US and WHO officials have indicated the likelihood of their use, which is the only way to achieve adequate amounts of vaccine for the US and world population in the fall.
8. These vaccines have never been demonstrated to be safe in children, pregnant women or young adults. They have not undergone comprehensive testing; for example, MF59 has not and will not be tested for carcinogenicity by the manufacturer.
http://www.fda.gov/downloads/BiologicsBloodVaccines/NewsEvents/WorkshopsMeetingsConferences/ucm095708.pdf
See page 391 re MF59 carcinogenicity testing, according to a Novartis scientist.
9. The result of the new bioterrorism laws (passed with the expectation of use for much more dangerous epidemics than the current swine flu), which allow use of untested products AND give manufacturers an incentive to avoid comprehensive testing (to avoid being found guilty of willful misconduct) have combined with the political imperative to provide citizens vaccines in a hurry, yielding a Perfect Storm.
In the 1976 swine flu vaccine program, 40 million people were vaccinated with an inadequately tested vaccine. The government gave the vaccine manufacturers immunity from liability, but created an alternative compensation program. Five thousand people sought benefits for vaccine injuries.
Today, untested vaccines with novel adjuvants that are likely to cause more autoimmune illness than occurred in 1976 will almost certainly be used. The manufacturers have been given liability, as have the government program planners. But no compensation mechanism has been created. And the public has not been informed.
Have you seen this ? Do you think this should be posted on the main swine flu thread . Larousse2 can you post a link to the main freeper swine flu thread on here ?
Major thanks for the PING!!
Yes. I read that they are using up their stock piles of vaccines that still contain Mercury!
Ping (finally) Thanks, 444Flyer!
Bookmark
Thanks for the ping!
Please forgive me if this is a duplicate email. I want to make sure everyone knows that this was a factually incorrect article. I couldn't confirm the existance of the named NJ attorney. ~Alan Phillips
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Thanks, Larousse2, for the update.
It is your right not to be forcibly vaccinated, due to religious or other personal reasons.
However, it is *not* your right to inflict disease risk on other people, any more than it was Mary Mallon’s (Typhoid Mary’s) right to continue to prepare food for others, even though infectious, because it was the only employment she had ever known. She infected 53 people, and killed 3, because it was her “right” to be a cook, in her own mind.
Right now, if you get Extremely Drug Resistant Tuberculosis, most likely overseas, or from someone who was overseas and returned to the US, you *will* be put in a maximum security medical facility, if necessary, until you *die*, when your body will be cremated. And you will have *no* right of Habeus Corpus, nor any other civil right, that could possibly endanger the public.
And that’s just a damn shame. Sorry for you.
It does not matter what a homeopathic practitioner has told you, that if you just take Vitamin D, a pinch of sea salt, and sleep with a silver dollar under your pillow, you will never get sick. This is because they do not know what they are talking about, and are full of Shinola.
This does not mean that conventional physicians will be able to help much beyond that, either.
The influenza became resistant to our antiviral drugs so fast that it wasn’t even funny. The *only* weapon we have is a vaccine, and *only* as fast as it can be produced and distributed. And that will not be fast enough.
H1N1 has almost no potential to be a terrible flu. It could be a bad flu, by that I mean it could kill 100,000 Americans, compared to the 36,000 who die from “normal” flu, during a “normal” flu season.
But H5N1 Avian flu is unlike any plague that mankind has ever known. It could kill 30,000,000 Americans, about 10% of our population. Worldwide, it could kill one BILLION people.
Humanity has never faced such a biological threat as this. And until just recently, our one or two vaccine producers made vaccine at a leisurely pace, able to produce just 30 million vaccinations in six months after they found a new strain of influenza.
But now, every drug company has been enlisted to produce a LOT of vaccine, and much faster, once we can get our hands on the “actual” H5N1 virus.
But vaccine production as a brand new process, from a dozen different companies, and at a breakneck speed, is guaranteed to have some problems. And this is where H1N1 comes into play.
It is a mild flu, but it behaves similar to H5N1 in many ways. So we can use it for a production test, to see if we can nationally produce enough vaccine to maybe save 10,000,000 or more American lives.
And that’s best we can do. The disease will travel so fast that we will still lose maybe 20 million American lives. We are helpless about that.
But if you and your children refuse vaccination when it matters, that is your right. You have a right to die for your ignorance. However, if you or those children think you have a right to infect others, because of your obstinacy, you are just like Mary Mallon, and you deserve to be quarantined until you are no longer a threat.
Free will and free choice. Even God gave that right to me!
Thanks for the ping!
Thanks! I like to know the whole truth.
That seem’s to be hard to come by.
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