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New York Appeals Court: Federal Government Can Vaccinate Your Children Without Your Consent – Trumps State Laws

Health Impact News Daily – by Brian Shilhavy

The Courthouse News Service is reporting about a case where a public health nurse inoculated kindergartner Madison Parker without her mother’s consent, and against her mother’s wish. The vaccination was Peramivir, in response to the H1N1 flu virus. The mother, Jennifer Parker, sued both the school district and the health department in St. Lawrence County Supreme Court in New York.

The state Supreme Court ruled against the health department, stating that the Public Readiness and Emergency Preparedness Act (PREP) “did not extend to a situation in which a governmental entity administered a drug without consent.” The health department appealed the decision and the Appellate Division concluded on Nov. 21 that PREP pre-empts state law claims, and overturned the decision.

According to Courthouse News, the decision stated that during a declared public health emergency, “we conclude that Congress intended to preempt all state law tort claims arising from the administration of covered countermeasures by a qualified person pursuant to a declaration by the Secretary [of Health and Human Services].”

Wow. So this court is basing, at least some of its judgment, on what they view as what “Congress intended….”

I don’t know if this decision will be appealed or not. But as it stands, this decision states that the Federal Government can trump any State Law during what it considers a “public health emergency” and then inoculate or give pharmaceuticals to children as young as kindergarten age, with no consent from the parents, all in the name of “public health safety.”

What is not even apparently addressed in this case, are the following key points (besides the obvious civil rights issue):

1. Was the H1N1 flu virus any more dangerous than previous seasons’ flu strains? (See: H1N1 Swine Flu Even Milder than Seasonal Strains)

2. Did the H1N1 vaccine conclusively offer protection from the H1N1 flu virus? ( See: New Study Exposes the “60% Effective” Flu Shot as 98.5% Useless)

3. Does the flu vaccine present risks, especially for young children? (See: Confirmed! Flu Vaccine INCREASES Risk of Serious Pandemic Flu Illness; & 4,250% Increase in Fetal Deaths Reported to VAERS After Flu Shot Given to Pregnant Women)

Mom Loses Suit Over Daughter’s H1N1 Vaccine

By MARLENE KENNEDY
Courthouse News Service

ALBANY, N.Y. (CN) – A mother who says public health officials in St. Lawrence County immunized her young daughter without her consent cannot sue, a New York appeals court ruled.

Upon declaration of a public health emergency, the federal Public Readiness and Emergency Preparedness Act pre-empts state tort claims, according to the six-page ruling from the Third Judicial Department of Appellate Division.

“We must presume that Congress fully understood that errors in administering a vaccination program may have physical as well as emotional consequences, and determined that such potential tort liability must give way to the need to promptly and efficiently respond to a pandemic or other public health emergency,” Justice Karen Peters wrote for a five-judge panel.

The St. Lawrence County Public Health Department had arranged a clinic at Lisbon Central School in December 2009 amid a new flu outbreak never previously identified in animals or people.

The K-12 school is in the rural northern New York town of Lisbon, not far from Ogdensburg and the Canadian border.

Federal and state officials declared a public health emergency in response to the H1N1 influenza virus outbreak and recommended administration of the vaccine Peramivir.

A public health nurse inoculated kindergartner Madison Parker even though her mother, Jennifer Parker, had not signed a parental consent form.

Jennifer Parker then sued the school district and the health department in St. Lawrence County Supreme Court, alleging that immunization without consent amounted to negligence and battery on her daughter.
The school district subsequently was dismissed as a defendant because a cause of action was not stated. But the court declined to dismiss the claim against the health department, which had cited the Public Readiness and Emergency Preparedness Act, known as PREP, and argued that federal pre-emption created a lack of subject matter jurisdiction.

It appealed when the court found the PREP protections did not extend to a situation in which a governmental entity administered a drug without consent.

The Appellate Division concluded on Nov. 21 that PREP pre-empts state law claims. PREP contains an express pre-emption clause stating that, during a declared public health emergency, “no state … may establish, enforce or continue in effect with respect to a covered countermeasure any provision of law or legal requirement that (A) is different from, or is in conflict with, any requirement applicable under this section; and (B) related to the … use, … dispensing or administration by qualified persons of the covered countermeasure,” Peters wrote.

A “qualified person” includes licensed health professionals, and liability protections in pandemics “are specifically provided for” in PREP, she added.

“Considering the breadth of the preemption clause together with the sweeping language of the statute’s immunity provision, we conclude that Congress intended to preempt all state law tort claims arising from the administration of covered countermeasures by a qualified person pursuant to a declaration by the Secretary [of Health and Human Services],” the decision states.

The justices said they were “unpersuaded” by Parker’s claim that immunity under PREP did not extend to anyone administering a drug without consent.

“The immunity provisions of the PREP Act are triggered where, as here, the vaccines are purchased pursuant to a federal contract or agreement,” Peters wrote.

PREP also created the Countermeasures Injury Compensation Program, which handles claims by individuals who suffer adverse reactions to devices, medications or therapies that have been recommended for use in public health emergencies, the decision notes.

Peters further noted that separate federal causes of action exist for wrongful death or serious physical injury resulting from misconduct by licensed health professionals.

“The provision of these exclusive federal remedies further supports our finding of preemption,” she wrote.

Since a federal cause of action is “the exclusive remedy” under PREP, “the complaint must be dismissed for lack of subject matter jurisdiction,” the decision states.

The St. Lawrence County attorney, Michael Crowe, argued for the health department. Mathew Duprey, of Lekki, Hill, Duprey & Bhatt in Canton, represented Parker.

Anisha Dasgupta of the U.S. Attorney’s Office for the Northern District and Allyson Levine of the New York Attorney General’s Office filed amicus briefs supporting the health department.

Source: http://www.courthousenews.com/2012/12/03/52769.htm

http://healthimpactnews.com/2012/new-york-appeals-court-federal-government-can-vaccinate-your-children-without-your-consent-trumps-state-laws/

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20 Responses to New York Appeals Court: Federal Government Can Vaccinate Your Children Without Your Consent – Trumps State Laws

  1. Sunfire says:

    This is truly sickening, disgusting, and flat out wrong!

  2. US Marine Fighting Tyranny says:

    And the Sheeple barely raise their heads in notice as they chew their GMO cud……

    There is only ONE workable solution – TIME TO ABOLISH THE US FED GOVT AND ALL ITS CRIMINAL AGENCIES TO THE LAST.

    To do anything less is to givem them implicit permission to keep stripping away our Rights,.. and to enslave us with any other ludicrious laws or rationals they can come up with.

    Haha,.. don’t worry,.. I have no illusions that anybody will actually do anything,.. hell,.. I can’t even get so called “concerned people” to agree to a conference call,.. how in the world could one expect them to actually do soemthing physically?

    Answer: They won’t.

    Hello,…hello,…. ECHO (…echo),….. Echo! .. (echo!…)…

    Hmm,… I guess nobody is home after all.

    Note to future generations: There use to be a country called America, and when it ran out of people with courage and backbone,… it disappeeared almost overnight. Don’t let this happen to you.

    JD – US Marines – A citizen of a country once called America…..

    • David2 says:

      The smug vermin have it all worked out.

      The analogy of the frog being slowly boiled alive is the sad state of affairs.

      Unless by some miracle the police protect the innocent from these depraved monsters that want all wealth and all power the end will be Palestine worldwide on steroids. Greece now has 64.5% youth unemployment

      Sad times and an even sadder burden when you can see the truth.

      The educated class support the charade because they are fools who think paper stock market prices will remain supported by jew money printing and the poor class support the charade because these fools think that welfare grows for free on jew money trees. Both sets of fools are victims being set up for the mother of all shocks.

    • Rampaging Manatee says:

      Thank you JD. Keep up the good work. If nothing else, we can inform them why their lives and our country are going to hell in a bucket.

      “Federal law trumping state law” is a bunch of fascist bull feces. Our 50 sovereign states have a constitutional duty to defend their citizens agains federal threats. If there’s a clash, let there be a clash; ‘trumping’ is only used in card games. In this case, a fake “pandemic outbreak” is a sad excuse and horrible precedent used to strip our rights and enrichen Pharma. Too bad the appelate courts are now loaded with globalist stooges appointed by Obama, both Bushes, and Clinton.

      They have my permission to vaccinate my cold, dead, rotting, blue hiney!

      Sincerely,
      Rampaging Manatee

    • Jolly Roger says:

      Be patient, Marine. The average US citizen has led a life of “bread and circuses”, and is completely unprepared psychologically for what’s about to happen, let alone be the cause of it happening.

      They’re all well aware that too much has gone wrong in this country, but they’re afraid to even talk about it, because the only solutions available to us involve actions that most Americans never dreamed they’d be a part of.

      As long as they’re eating three meals per day they will always find a way to justify ignoring the situation, but our numbers are growing hourly, and time is running out on how long they’ll be eating even one meal per day.

      Education is still our best weapon. You’re pissed off because you’re informed. Most of America still believes the TV, but that’s changing rapidly too.

      It will happen when it has to happen, and probably not before then, because there aren’t many people who prefer war over a nice quiet evening at home watching movies.

      To the majority of Americans who stare into the tube thinking everything is fine, our conversations would seem absurd. When they’re educated, they’ll join the ranks of the angry.

      • camil2003 says:

        Agree and it’ll be just like Egypt.
        In Egypt they are rebelling against that dictator because he is an obvious Muslim brotherhood puppet(the moderate Muslims and Christians) because while the old leader tolerated them they know this new guys true stripes and he will have them killed so they know hey have no choice but to stand or die.

        It’ll be like that in the united states when people can no longer be pacified by tv as their fight or die instinct beats down their fairytale world.
        For now they get their square meals and everything is dandy.. for now..

    • Whizerd67 says:

      Even if the politicians outright QUIT right at this very moment…
      two things still need to happen before anything changes.

      1) The troops need to get the hell out of useless areas to be in…useless other than propoganda and money. They need to mutiny and awol, turn back, and maybe help with number 2 below…
      2)Bankers and central banks/reserves, and entities thereof, need eradicated, implicated, and held accountable.

      (#1 would make #2 possible by way of sheer shock factor and pause from those that need infiltrated.)

      If these two things do not happen..no domestic fight can be won. TPTB will still be TPTB.

      If these two things do happen…almost everything starts getting turned around in the direction it needs to go….
      Monsanto, wars, money, food, space exploration, children’s education, vaccinations, etc…etc…etc…

      ~Blessed Be to all~

    • concerned citizen says:

      @US Marine Fighting Tyranny: You’re right.

      This is proof that we are now living under tyranny. I wish all Americans would wake up.

      It was not a real pandemic in the first place.

      During the Revolution against British, the colonists used guns to fight the British. But now the government can inject us with vaccines even against our will, that could sicken or kill us. All they have to do is declare a public health emergency.

  3. Whizerd67 says:

    I don’t care if this post brings a knock on my door(if they make it through the driveway)…

    If you touch my children without my consent, you, and everyone that supports you and tries to protect you, are as good as dead…until such time your local gestapo gets to me. I will NOT tolerate it. You will NOT be sued. You will NOT be protested against.
    I’m coming straight for you.
    Period.

    Some might say “The nurse at the school isn’t the perpetrator, she’s doing her job”…
    I would call you one of the biggest brainwashed and lying P’sOS on the planet! The school nurse is the last line of defense my child has against this corruption…if he/she decides to follow the order, he/she is MORE guilty then those that made it possible to get to that point. ESPECIALLY if I, as the parent to that child, did NOT consent, and/or said NO.

    Hell no! I’m coming straight for you. And everyone higher than you that had anything to do with it. I care NOT for any law stating it was legal for you to do this. It’s not their/your call.

    Through corruption and tyranny, I have lost everything worth fighting for EXCEPT for me and my family’s lives. You will NOT take/control those lives through corruption and tyranny too. Not If I get to you. Not without a fight. We’d all lose that fight, but I’d lose my life knowing that I fought for the right thing, and you didn’t. I’d be happy in knowing that you will be in misery the rest of your life, and maybe beyond, for doing so.

    ~Blessed Be to all~

  4. Eric says:

    So now we are down to using the “nuremberg excuse” … I was ordered by my commandant-in-chief to do it … genocide is no longer a crime if it is “legal”.
    Now we know how people got shoved into ovens without a peep.

    • ToM says:

      They didn’t put people in ovens, it was for regular cremations, for people who died.
      They didn’t gas people, it was for lice control.
      6 million jews did not die in the Holohoax.
      The Holohoax was a Zionist, Vatican/Bankster affair, brought to you by the Chase Manhattan Bank of New York and the Bank of England.
      The banksters of 1940s, sold the American people on the idea of fighting for freedom…when it was all about destroying Germany’s homogeny, nationalizing the oil fields and setting up Communism in the Soviet Union, not about killing Jews. They used Hitler no different then they used Saddam Hussein or Kaddaffi.

      Let’s see, when was the last time they fooled us into thinking someone was the bad guy when it was really all about imperialism and corporatism and war profiteering? Hmmmmm. seems like every war was started under false pretense and carried out for personal reasons and had nothing to do with national security….but was all about obtaining the rights to someone else’s property, oil, minerals…in the name of democracy and freedom.

      There is nothing fair or just about our courts. They are corrupt to the core. Bench means “bank”…the judge is there to collect as much money as he can, it’s never about justice. This ruling means more money for the pharmaceutical companies and it will create more people to become dependent on the nanny state.

    • uninformedLuddite says:

      Don’t look now its the Holocaust again

    • # 1 NWO Hatr says:

      Dang, you beat me to it, ToM.

  5. LibertyTreeBud says:

    Oh, dear. You can’t trust anybody, now-a-days. Children are owned by the federal government as soon as they are berthed, er, birthed. Reading how it all is done and how you’re hoodwinked into it is a interesting story. All the world plays the game so you don’t think about it but your baby is a human resource and is subject to all kinds of nasty things.You’d know about it IF they wanted to let you know about their power over your life and that of the child, at this time, which they don’t. Public schools is the way the government degrades your child with propaganda and other odious indoctrination programs that capture your children’s minds, away from yours. Can you think of what you could do to keep your child safe from this? Don’t be afraid to teach yourself and your child what you both need to know about the governing Marxist, elite, who operate behind the international bankers, that suck the economies, of money, for their nefarious plans for you and the the entire world. It is they that requires everyone to be an obedient, dumb slave; a ‘worker’ or ‘drone’ who will live, think and act the way the state informs them to. Now, you can do something about it. Will you be able to protect yourselves and your children in the future?

    • David2 says:

      Unless you learn to think like THEM you will have no hope.

      They are always one step ahead of their plied propaganda and the sheeple fall headlong like lemmings into their propaganda trap.

      1. Rick Santelli just today like any good sheeple has woken up to the fact that it is not the fiscal cliff but debt that is the problem.

      2. Everyone knows it is the politicians that are the problem.

      3. Usury Interest is the real problem.

      4. Fiat Money unbacked by wealth is the problem.

      5. Wars are the problem.

      Every alternate web site says 1 to 5 and back from 5 to 1 every single day. The sheeple know this mantra off by heart: 5 from 1 and 1 from 5, it is now as repetitive stupid as teaching Grannie to suck eggs. We all know it is the debt stupid, we know it is usury stupid, it is politicians stupid, it is fiat stupid, it is the wars stupid.

      Now that the sheeple are brainwashed THEY will gradually collapse the system and blame it entirely on the sheeple propaganda knowledge that it is the debt, the politicians, the usury, the fiat money and the wars.

      In the collapsed financial apocalypse the elite have you by the short and curlies, just exactly where they want you to be.

      1. They will seize all your property backed by debt which will be + 90% of property when they have finished indebting you;
      2. They will rent back so usury will be their new debt interest;
      3. Politicians will be blamed so we will agree to technocratic rule;
      4. Private property through debt will cease forever;
      5. Money will be backed by gold as a non manipulated currency, but with a twist. It will not be cash but plastic with your personal PIN to monitor your transactions for tax, with your personal mark of the beast in the form of an RFID tracking device to monitor your movements for terrorist activities;

      The surveillance state will be complete, wars on terror will be unnecessary as big brother is perpetually watching you. Without their mark of the beast you cannot trade, buy goods or any commerce.

      All wealth now concentrated in a small number of jew oligarchs, their banks and their zion corporations. For the rest: YOU are the magnificent poor willingly relying on the scum of the earth for their crusts to survive.

  6. Cathleen says:

    Doesn’t state law take precedence over Federal Law ?… i.e. there are states nullifying the Obamacare??

  7. Jolly Roger says:

    People really need to get their kids out of the public school system. When they’re not brain-washing them in the classroom, they’re frying their brains in the nurses office.

    I wonder of it’s possible to open an “alternative school” where parents can leave their kids when they go to work, and know that neither their minds nor their bodies will be poisoned.

    I think I can teach kids how to read. The public schools haven’t been very successful at that.

    • diggerdan says:

      Ya know what Jolly Roger, A SIMPLE LIFE IS A HONEST LIFE, AND THIS GOVT. AS IT HAS BEEN FOR YEARS HAS NOT BEEN SIMPLE!!!!, In other words the POS govt. that we have got tries to complicate things to confuse us all, and confusion is the first law/rule of terrorism.

    • # 1 NWO Hatr says:

      Nor were they meant to be, JR.

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