Act Now!: Stop Big Pharma from gutting your Constitutional rights

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Bill Gives Immunity to Pharma; Also Preempts State Laws Banning MercuryTake Action! Visit this page:http://capwiz.com/a-champ/issues/alert/?alertid=8328971 & queueid=570209321It will make a difference. Thank you.In the middle of the night, Senator Frist used raw political muscle toimpose sweeping, never-before-seen immunity for drug companies into theDepartment of Defense Appropriations Conference Report. The languageconstitutes an unprecedented wish-list of liability protections thatwill allow the industry to recklessly injure or kill Americans withcontaminated drugs and vaccines and never be held accountable. Thislanguage offers more special interest immunity than any bill everconsidered by either body of the Congress. You can read the provisionby going

here and downloading a pdf.http://capwiz.com/a-champ/issues/alert/?alertid=8328971 & type=MLThe language also would allow preemption of state laws providing forsafe vaccines, such as laws banning mercury in vaccines. If thePresident or his admininistration say so this law would allow theproduction of vaccines containing mercury even if your state has a lawbanning it. The people who backed this legislation have no respect forstates like California, Iowa, Illinois, Delaware, Missouri and NewYork, whose citizens have sent a clear message: KEEP MERCURY OUT OFVACCINES.Below is a list of the key provisions in this bill. If any of thembother you TAKE ACTION, send a letter, or fax or use A-CHAMP's emailmessaging system. Use our sample letter or write your own.http://capwiz.com/a-champ/issues/alert/?alertid=8328971 & type=MLYou can find your Senator's contact information here:http://capwiz.com/a-champ/dbq/officials/We especially need our Republican parents and friends to write theirSenators. Without the critical support of key Republican Senators theEli Lilly Rider, immunity legislation that was enacted in 2002, wouldnever have been repealed. (Thank you Senators , Snowe andChafee, among others).Key Provisions of the immunity provisions in HR 2863 that will beconsidered by the Senate this week (Senate number is not assignedyet).Take Action!http://capwiz.com/a-champ/issues/alert/?alertid=8328971 & type=MLSix objectionable things that the new immunity legislation will do:1) Allows use of Thimerosal in vaccines:If the Secretary of Health and Human Services designates that avaccine is a "covered countermeasure" thimerosal can be usedin the vaccine, even if your state has banned Thimerosal. Any statelegislation covering vaccines would be rendered ineffective and Federallaw would preempt all state provisions.2) Immunity for ALL Drugs and Vaccines:The language could potentially apply to any drug, vaccine, orbiological product that the Secretary of HHS deems a “coveredcountermeasure.†This list could include any commercial druglike Tylenol and is not limited in any way to drugs or vaccines meantto treat a pandemic like avian flu.3) Immunity at ANY Time:The immunity language depends on the Secretary making

a declarationthat a health condition is causing a public health emergency or thatsome health condition could become an emergency at some point in thefuture. There is nothing that limits this declaration to an actualhealth emergency or to an actual pandemic illness. This declarationcould occur at any time for almost any reason.4) Immunity for Harm Caused by a Manufacturer’s Bad Conduct:The immunity applies no matter what the drug company did wrong.Even if a drug company operates a dirty facility in which a batch ofvaccines is contaminated, and that vaccine kills thousands ofAmericans, the drug company is immune from liability.5) Immunity for Anything but Assault or Murder:The language explicitly protects drug companies who act recklessly orwho are grossly negligent, and would allow a claim to go forward onlywhere a drug company acted with such willful misconduct as toconstitute criminal assault or

murder. Anything less than criminalconduct is protected.6) Immunity for Murder unless the Secretary or the Attorney GeneralSay Otherwise:Even if a drug company has acted with “willful misconductâ€as defined by this language, the drug company is still immune fromaccountability unless the Secretary or the Attorney General initiatesan enforcement action against the drug company and that action ispending at the time a claim is filed or the action resulted in someform of punishment. So even if a drug company knowingly kills thousandsof people, if no official enforcement action is taken, that company isstill immune.Take Action to Stop this Outrageous Legislation!http://capwiz.com/a-champ/issues/alert/?alertid=8328971 & type=MLOr go here to find your Senators telephone or fax

number - call and fax! http://capwiz.com/a-champ/dbq/officials/