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

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Bill Gives Immunity to Pharma; Also Preempts State Laws Banning Mercury

Take Action! Visit this page:

http://capwiz.com/a-champ/issues/alert/?alertid=8328971 & queueid=570209321

It will make a difference. Thank you.

In the middle of the night, Senator Frist used raw political muscle to

impose sweeping, never-before-seen immunity for drug companies into the

Department of Defense Appropriations Conference Report. The language

constitutes an unprecedented wish-list of liability protections that

will allow the industry to recklessly injure or kill Americans with

contaminated drugs and vaccines and never be held accountable. This

language offers more special interest immunity than any bill ever

considered by either body of the Congress. You can read the provision

by going here and downloading a pdf.

http://capwiz.com/a-champ/issues/alert/?alertid=8328971 & type=ML

The language also would allow preemption of state laws providing for

safe vaccines, such as laws banning mercury in vaccines. If the

President or his admininistration say so this law would allow the

production of vaccines containing mercury even if your state has a law

banning it. The people who backed this legislation have no respect for

states like California, Iowa, Illinois, Delaware, Missouri and New

York, whose citizens have sent a clear message: KEEP MERCURY OUT OF

VACCINES.

Below is a list of the key provisions in this bill. If any of them

bother you TAKE ACTION, send a letter, or fax or use A-CHAMP's email

messaging system. Use our sample letter or write your own.

http://capwiz.com/a-champ/issues/alert/?alertid=8328971 & type=ML

You 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 their

Senators. Without the critical support of key Republican Senators the

Eli Lilly Rider, immunity legislation that was enacted in 2002, would

never have been repealed. (Thank you Senators , Snowe and

Chafee, among others).

Key Provisions of the immunity provisions in HR 2863 that will be

considered by the Senate this week (Senate number is not assigned

yet).

Take Action!

http://capwiz.com/a-champ/issues/alert/?alertid=8328971 & type=ML

Six 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 a

vaccine is a " covered countermeasure " thimerosal can be used

in the vaccine, even if your state has banned Thimerosal. Any state

legislation covering vaccines would be rendered ineffective and Federal

law would preempt all state provisions.

2) Immunity for ALL Drugs and Vaccines:

The language could potentially apply to any drug, vaccine, or

biological product that the Secretary of HHS deems a “covered

countermeasure.†This list could include any commercial drug

like Tylenol and is not limited in any way to drugs or vaccines meant

to treat a pandemic like avian flu.

3) Immunity at ANY Time:

The immunity language depends on the Secretary making a declaration

that a health condition is causing a public health emergency or that

some health condition could become an emergency at some point in the

future. There is nothing that limits this declaration to an actual

health emergency or to an actual pandemic illness. This declaration

could 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 of

vaccines is contaminated, and that vaccine kills thousands of

Americans, the drug company is immune from liability.

5) Immunity for Anything but Assault or Murder:

The language explicitly protects drug companies who act recklessly or

who are grossly negligent, and would allow a claim to go forward only

where a drug company acted with such willful misconduct as to

constitute criminal assault or murder. Anything less than criminal

conduct is protected.

6) Immunity for Murder unless the Secretary or the Attorney General

Say Otherwise:

Even if a drug company has acted with “willful misconductâ€

as defined by this language, the drug company is still immune from

accountability unless the Secretary or the Attorney General initiates

an enforcement action against the drug company and that action is

pending at the time a claim is filed or the action resulted in some

form of punishment. So even if a drug company knowingly kills thousands

of people, if no official enforcement action is taken, that company is

still immune.

Take Action to Stop this Outrageous Legislation!

http://capwiz.com/a-champ/issues/alert/?alertid=8328971 & type=ML

Or go here to find your Senators telephone or fax number - call and

fax!

http://capwiz.com/a-champ/dbq/officials/