Re: Time for a Lawsuit?

October 16, 1999

Dear Meryl and the list,

Here are two sites that provide background on the FERES doctrine.

Supreme Court Dissents Invoke the Nuremberg Code: CIA and DOD Human Subjects

Research Scandals:

http://raleigh.dis.anl.gov/roadmap/achre/chap3_4.html

FERES DOCTRINE

http://www.lawtonok.net/vva/feres.htm

Would these government officials (mostly civilian) have any responsibility

in these matters (AVIP)?

MEMBERSHIP HUMAN SUBJECTS RESEARCH SUBCOMMITTEE:

http://www.nih.gov/grants/oprr/humansubcommitteeroster.htm

Would these organizations be able to provide more information?

Links of interest to those who work in human subjects research:

http://www.aamc.org/research/primr/links.htm#human

jfsorg@...

http://www.enter.net/~jfsorg/

From: Meryl Nass <mnass@...>

I'd like to suggest a dialogue here in which the possibility of a class

action suit over vaccine induced illnesses, and a suit over wrongful

discharges, can be discussed.

Perhaps Congress will stop this program soon, but I'm getting frustrated

with the hundreds or thousands of people being made ill each week as

this program continues. And frustrated as well with the lack of medical

care servicemembers are receiving.

Has anyone got information on Feres Doctrine case law?

I have many new documents which I think I will reserve for a legal

challenge to the vaccine program.

I wonder how a multi-billion dollar lawsuit would sit with those who

have the power to stop this carnage? Can punitive damages be sought

against those who have covered up or destroyed evidence to make this

program proceed? Can criminal charges be brought as has been done

against government officials in other nations who approved the use of

contaminated blood products?

What do the *now numerous* indemnifications for vaccine manufacturers

mean? Who is liable? Who pays? Who goes to jail?

Meryl Nass

--

** Please note new email address **

mnass@...

====================

Meryl Nass, M.D.

124 Wardtown Road

Freeport, Maine 04032

phone (207) 865-0875

fax (207) 865-6975

October 16, 1999

I agree with Dr. Nass. All of the people made ill and discharged should

get together one hell of a legal challenge packed with overwhelming

documented evidence. I also agree that certain officials in the DoD

(civillian and military) need to be not only sacked from their jobs but

also held accountable and thus tried before a court on criminal charges.

Our military is in serious need of accountability. Things like: Who was

responsible for losing all those Gulf War Veteran's shot records? Who

ordered the destruction of that weapons depot in Iraq which they knew

was full of chemical weapons and yet chose to blow it up and expose all

the troops in that area to nerve agents and God knows what else?

Who is responsible for forcing a harmful vaccine onto our military?

Hehehe well I can answer that last one. Good ol' Mr. Cohen.

Why did key medical officers in the military refuse to question Mr.

Cohen and the Anthrax vaccination program despite massive evidence of

serious problems with the vaccine on just about every aspect of the

program? Could it be that they're just too worried about being replaced

by another " Yes-Man " and thus go along and agree with Cohen about the

AVIP in order to alleviate their cognitive dissonance?

Unfortunately the military has a long " good ol' boy " tradition that is

still firmly entrenched and it is difficult if not impossible to take

legal action against them short of going to the Supreme Court.

But if Congress does not seem to want to do anything about it then maybe

the Anthrax vaccination program and the issue of human rights in the

military in general needs to go all the way to the Supreme Court.

Their also is the aspect of pursuing the case through the U.N. and

international court as our military seems to be always violating the

Nuremburg Codes. Unfortunatly that would probably freak out all those

who believe that the U.N. wants to take over our military and would

probably cause many to switch sides on the issue of the Anthrax vaccine.

Still the facts are that our military has violated the Nuremburg Codes

many times and no one is being held accountable.

G.

Meryl Nass wrote:

>

> From: Meryl Nass <mnass@...>

>

> I'd like to suggest a dialogue here in which the possibility of a class

> action suit over vaccine induced illnesses, and a suit over wrongful

> discharges, can be discussed.

>

> Perhaps Congress will stop this program soon, but I'm getting frustrated

> with the hundreds or thousands of people being made ill each week as

> this program continues. And frustrated as well with the lack of medical

> care servicemembers are receiving.

>

> Has anyone got information on Feres Doctrine case law?

>

> I have many new documents which I think I will reserve for a legal

> challenge to the vaccine program.

>

> I wonder how a multi-billion dollar lawsuit would sit with those who

> have the power to stop this carnage? Can punitive damages be sought

> against those who have covered up or destroyed evidence to make this

> program proceed? Can criminal charges be brought as has been done

> against government officials in other nations who approved the use of

> contaminated blood products?

>

> What do the *now numerous* indemnifications for vaccine manufacturers

> mean? Who is liable? Who pays? Who goes to jail?

>

> Meryl Nass

> --

> ** Please note new email address **

> mnass@...

>

> ====================

> Meryl Nass, M.D.

> 124 Wardtown Road

> Freeport, Maine 04032

> phone (207) 865-0875

> fax (207) 865-6975

>

> ---------------------------

October 16, 1999

Dear Meryl and List:

In regards to the Feres doctrine and vaccine injury, I believe that the best

place to look would be in the records of the litigation in the forced swine flu

vaccinations of the 1970's. Laurie Garrett discussed this in her book " The

Coming Plague " , but I don't remember the details.

When I was directing a lab at Ft. Detrick (for the National Cancer Institute),

we made several vaccine candidates for USAMRIID. Including a second-generation

recombinant anthrax vaccine. The Army did not choose to indemnify us (I was

working as a contractor). However, I did participate in the meetings that we

had with our insurance agent. As I recollected it, the insurance we purchased

was _product insurance_ for the potential damage that the vaccine might do to

the recipients. Since this was vaccine for potential Phase I/II Clinical

trials, the cost was relatively low. However, we were NOT covered in that

insurance for personal or corporate NEGLIGENCE. I'm not sure if the

indemnification by the Army was for the product only.

For that reason, You might be able to go after the BioPort organization and

employees, for negligence, as they have not been abiding by the FDA GMP

regulations, as evidenced by the numerous FD 483 citations and the threat to

revoke their license. You will, of course have to prove causality.

Also, has anyone contacted Ralph Nader's Public Citizen? With the rather sorry

showing of Dr in the testamony this week, you might be able to get them

cranked up to do something.

October 17, 1999

This also opens the door to sue the FDA for knowingly allowing the

deviations in good manufacturing standards. In addition, they have kept

Anthrax on the market despite all the problems associated with it. They have

not acted with the same diligence as they have with the rotavirus vaccine.

They are the agency that is " supposed " to ensure safe and effective

products. They have not accomplished this mission with the Anthrax Vaccine.

They have also allowed a product to be used in a manner that it was not

initially approved for. (IE: This vaccine is supposed to be a limited use,

cutaneous anthrax vaccine.) Using it on 2.4 million military members for

inhalational anthrax is a decidely different use.