{"id":227252,"date":"2024-05-05T14:42:02","date_gmt":"2024-05-05T18:42:02","guid":{"rendered":"http:\/\/stateofthenation.co\/?p=227252"},"modified":"2024-05-05T16:01:11","modified_gmt":"2024-05-05T20:01:11","slug":"huge-the-catastrophic-prep-act-finally-get-its-day-in-court","status":"publish","type":"post","link":"http:\/\/stateofthenation.co\/?p=227252","title":{"rendered":"

HUGE!!! The catastrophic PREP Act finally get its day in court<\/h1>"},"content":{"rendered":"

\u2615\ufe0f THE DAM BREAKS \u2619 Saturday, May 4, 2024 \u2619 C&C NEWS <\/strong><\/h2>\n

Astonishing NYT article breaks open the jab denial dam; I’m suing the federal government; half the Senate opposes WHO amendments; Lancet study fails to infect; new city offers hope; and lots more.<\/p>\n

JEFF CHILDERS
\n\u2615\ufe0f<\/a>Coffee & Covid 2024<\/p>\n

Good morning, C&C, it\u2019s Saturday! Which means it\u2019s time for the Weekend Edition, and it\u2019s a big one. Many of you have been patiently waiting for more good news, and today\u2019s roundup delivers: astounding \u2014 if not landmark \u2014 New York Times long-form article finally admits there is a PROBLEM with covid vaccine injuries; I announce my latest pending lawsuit; the unlikeliest vaccine injury yet shows up on the news radar; all 49 Republican Senators throw down the gauntlet on the grotesque joke that is the WHO pandemic treaty; new Lancet study raises serious questions about covid infections; and a brand-new Louisiana city is formed for all the right wrong reasons.<\/em><\/p>\n

\u00a0WORLD NEWS AND COMMENTARY<\/strong><\/h2>\n

It\u2019s finally happened: the dam of jab omert\u00e0 has broken wide open. While you read this morning\u2019s update, remember that one of the New York Times\u2019 primary functions is to referee the liberal Overton Window \u2014 what is acceptable for progressives to think about and to talk about. And\u00a0yesterday, the New York ran this astonishing non-paywalled, long-form, magazine-style article:<\/a><\/p>\n

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Safe and effective! Prepare to experience a scorching flash of outrage. \u201cEven the best vaccines,\u201d the New York Times somberly informed its readers, \u201cproduce rare but serious side effects.\u201d\u00a0Now they tell us.<\/em>\u00a0Following the classic journalistic formula, the article began with a human interest anecdote, a vaccine-injured scientist, Michelle Zimmerman:<\/p>\n

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Within minutes of getting the Johnson & Johnson Covid-19 vaccine, Michelle Zimmerman felt pain racing from her left arm up to her ear and down to her fingertips. Within days, she was unbearably sensitive to light and struggled to remember simple facts.<\/h5>\n
She was 37, with a Ph.D. in neuroscience, and until then could ride her bicycle 20 miles, teach a dance class and give a lecture on artificial intelligence, all in the same day. Now, more than three years later, she lives with her parents. Eventually diagnosed with brain damage, she cannot work, drive or even stand for long periods of time.<\/h5>\n
\u201cWhen I let myself think about the devastation of what this has done to my life, and how much I\u2019ve lost, sometimes it feels even too hard to comprehend,\u201d said Dr. Zimmerman, who believes her injury is due to a contaminated vaccine batch.<\/h5>\n<\/blockquote>\n
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The story immediately shifted to the pathetic, problematic PREP Act, the federal law immunizing vaccine manufacturers and providing a fig leaf of a \u201ccompensation\u201d process for vaccine-injured people, people who trusted the government and whose previously normal lives now lie in devastated biological wreckage. I happen to know a lot about the PREP Act, more on that in a moment. Here\u2019s how the Times accurately described PREP\u2019s woeful failure:<\/p>\n

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As of April, just over 13,000 vaccine-injury compensation claims have been filed with the federal government \u2014 but to little avail. Only 19 percent have been reviewed. Only 47 of those were deemed eligible for compensation, and only 12 have been paid out, at an average of about $3,600.<\/h5>\n<\/blockquote>\n

The Times\u2019 first expert, a Yale immunologist, admitted what we all know to be true but which corporate media has so far steadfastly ignored, if not outright denied: that vaccine injuries are \u201cjust completely ignored and dismissed and gaslighted.\u201d\u00a0But ignored by whom?<\/em>\u00a0And,\u00a0who<\/em>\u00a0is doing the gaslighting? The Times avoided naming anyone in particular.<\/p>\n

Rather, the Times went to great effort to highlight the\u00a0good intentions<\/em>\u00a0of public health officials. It quoted former FDA Commissioner Janet Woodcock, safely retired as of February, who mused she wished she\u2019d done more for vaccine injured people:<\/p>\n

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\u201cI feel bad for those people,\u201d said Dr. Woodcock, who became the F.D.A.\u2019s acting commissioner in January 2021 as the vaccines were rolling out. \u201cI believe their suffering should be acknowledged, that they have real problems, and they should be taken seriously.\u201d<\/h5>\n
\u201cI\u2019m disappointed in myself,\u201d she added. \u201cI did a lot of things I feel very good about, but this is one of the few things I feel I just didn\u2019t bring it home.\u201d<\/h5>\n<\/blockquote>\n

This is a promising start, but what about the\u00a0dead?<\/em>\u00a0Never mind! Here we find the first serious gap in the article\u2019s coverage. The Times avoided this difficult issue, only briefly referring to possible deaths. But maybe it was too much to expect in this cautious, tentative first step toward officially acknowledging that\u00a0Houston, we may have a problem.<\/em><\/p>\n

My goodness! How could all this anti-progressive gaslighting and illiberal lack of sympathy have possibly happened? How can the Times reconcile this long period of denial and deception? Because it\u2019s just so\u00a0darn difficult<\/em>\u00a0to track vaccine injuries, and because we need\u00a0even bigger government<\/em>, that\u2019s how:<\/p>\n

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The nation\u2019s fragmented health care system complicates detection of very rare side effects, a process that depends on an analysis of huge amounts of data. That\u2019s a difficult task when a patient may be tested for Covid at Walgreens, get vaccinated at CVS, go to a local clinic for minor ailments and seek care at a hospital for serious conditions. Each place may rely on different health record systems.<\/h5>\n
There is no central repository of vaccine recipients, nor of medical records, and no easy to way to pool these data. Reports to the largest federal database of so-called adverse events can be made by anyone, about anything. It\u2019s not even clear what officials should be looking for.<\/h5>\n<\/blockquote>\n

I could give them some ideas of what to look for. It\u2019s not really that hard. But I digress.<\/p>\n

You see, covid vaccine injuries are\u00a0brand new<\/em>\u00a0types of injuries, so what can you expect from busy, hardworking scientists? Dr. Woodcock explained, \u201cI mean, you\u2019re not going to find \u2018brain fog\u2019 in the medical record or claims data, because it doesn\u2019t have a good research definition.\u201d The former FDA Commissioner insisted, \u201cIt isn\u2019t, like, malevolence on their part.\u201d<\/p>\n

It\u2019s not\u00a0like<\/em>\u00a0malevolence. It\u00a0is<\/em>\u00a0malevolence. It\u2019s like deliberate institutional neglect. But they\u00a0meant well<\/em>. \u201cFederal officials,\u201d the Times explained, \u201cworry that even a whisper of possible side effects feeds into misinformation spread by a vitriolic anti-vaccine movement.\u201d But health agencies\u2019\u00a0duty<\/em>\u00a0is to pursue the truth, even when it’s complex or inconvenient, not to curate a simplified narrative for their perverse perception of an infantilized general public.<\/p>\n

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The Times rounded up a large group of pro-jab\u00a0medical professionals<\/em>, who are now vaccine injured, which the Times insisted it has been following for\u00a0over a year now:<\/em><\/p>\n

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Similar sentiments were echoed in interviews, conducted over more than a year, with 30 people who said they had been harmed by Covid shots. They described a variety of symptoms following vaccination, some neurological, some autoimmune, some cardiovascular.<\/h5>\n
All said they had been turned away by physicians, told their symptoms were psychosomatic, or labeled anti-vaccine by family and friends \u2014 despite the fact that they supported vaccines.<\/h5>\n<\/blockquote>\n

One standout example is Dr. Gregory Poland, 68, the\u00a0editor in chief of the journal Vaccine<\/em>, who can\u2019t shake a continuous loud whooshing sound in his ears from the moments after his first shot. He\u2019s getting no help from the medical establishment. In despair that he might \u201cnever hear silence again,\u201d Dr. Poland has \u201csought solace in meditation and his religious faith.\u201d<\/p>\n

Why have we never heard from Dr. Poland before? For Heaven\u2019s sake,\u00a0he runs the most prominent vaccine-related journal in the world.<\/em><\/p>\n

If even Dr. Poland, surely one of the world\u2019s chief vaccine advocates, feel stifled, dismissed, and suppressed, what hope can regular folks have to be heard? Even Dr. Poland stands alone on Gaslighting Island. As the Times accurately reported, the CDC admits only four serious \u201cbut rare\u201d side effects, and two of those are related to the now-recalled Johnson & Johnson jab.<\/p>\n

Not accidentally, the Times painted a narrative picture of complete systemic failure of the public health institutions.<\/p>\n

It wasn\u2019t just Dr. Poland either. Among others, the article also mentioned Dr. Ilka Warshawsky, a 58-year-old pathologist, who said she lost all hearing in her right ear after a Covid booster shot. It sounded worse than unilateral hearing loss. One of her therapists recently told her\u00a0she might never be able to live independently again<\/em>. But hearing loss is not any recognized side effect of Covid vaccination. Dr. Warshawsky remains ineligible for compensation under the CDC\u2019s list of recognized injuries. Just like Dr. Poland.<\/p>\n

The article was packed with pro-jab points.\u00a0Virus-related injuries are worse<\/em>. And\u00a0it\u2019s just a tiny number of people with each type of vaccine injury<\/em>. But \u2026 what about the\u00a0cumulative effect<\/em>\u00a0of all these \u2018rare\u2019 injuries? When you start to add up all these various\u00a0rare<\/em>\u00a0adverse events, the overall picture starts to look a lot more concerning. If there\u00a0are<\/em>\u00a0a wide range of potential side effects, each affecting a small slice of the population, the aggregate number of impacted individuals could be quite significant. And not rare.<\/p>\n

But nobody\u2019s looking at\u00a0that<\/em>. I\u2019ve never seen that question raised in any official forum. Nor did the Times ask in its story. Still, the article points that way.<\/p>\n

Now let\u2019s talk about the PREP Act, the 2015 federal law providing vaccine manufacturers with complete immunity and offering injured folks a pretend claims process. I have some hopefully big news. To preserve my clients\u2019 privacy, and for obvious strategic reasons, I have not mentioned it before, but my firm is preparing to file a significant lawsuit against the federal government asking the courts to declare the PREP Act is unconstitutional.<\/p>\n

People don\u2019t stand a chance under PREP. It\u2019s worse than useless. Here\u2019s how the Times article described the Act\u2019s Orwellian claims adjudication process:<\/p>\n

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Claims regarding Covid vaccines go to the Countermeasures Injury Compensation Program. Intended for public health emergencies, this program has narrow criteria to pay out and sets a limit of $50,000, with stringent standards of proof.<\/h5>\n
It requires applicants to prove within a year of the injury that it was \u201cthe direct result\u201d of getting the Covid vaccine, based on \u201ccompelling, reliable, valid, medical, and scientific evidence.\u201d<\/h5>\n
The program had only four staff members at the beginning of the pandemic, and now has 35 people evaluating claims. Still, it has reviewed only a fraction of the 13,000 claims filed, and has paid out only a dozen.<\/h5>\n<\/blockquote>\n

Not only that, but the Countermeasures Injury Compensation Program is\u00a0unfunded.<\/em>\u00a0It has no permanent budget and is only funded through emergency allocation requests. Last year it received a one-time grant of $15 million dollars, which is being quickly consumed by its administrative costs, and is obviously not being used to\u00a0pay claims<\/em>, which are limited to $50,000 anyway.<\/p>\n

I believe that, by creating a statutory claims process that excludes access to real courts, the PREP Act is an unconstitutional violation of the separation of powers. Article III provides citizens access to courts to resolve their claims, not some unfunded Article I administrative agency. Our lawsuit is drafted, ready to file, and is currently being reviewed by constitutional experts. We hope to file it next week.\u00a0 I\u2019ll have a lot more to say about it soon.<\/p>\n

Now let\u2019s talk about the PREP Act, the 2015 federal law providing vaccine manufacturers with complete immunity and offering injured folks a pretend claims process. I have some hopefully big news. To preserve my clients\u2019 privacy, and for obvious strategic reasons, I have not mentioned it before, but my firm is preparing to file a significant lawsuit against the federal government asking the courts to declare the PREP Act is unconstitutional.<\/p>\n

People don\u2019t stand a chance under PREP. It\u2019s worse than useless. Here\u2019s how the Times article described the Act\u2019s Orwellian claims adjudication process:<\/p>\n

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Claims regarding Covid vaccines go to the Countermeasures Injury Compensation Program. Intended for public health emergencies, this program has narrow criteria to pay out and sets a limit of $50,000, with stringent standards of proof.<\/h5>\n
It requires applicants to prove within a year of the injury that it was \u201cthe direct result\u201d of getting the Covid vaccine, based on \u201ccompelling, reliable, valid, medical, and scientific evidence.\u201d<\/h5>\n
The program had only four staff members at the beginning of the pandemic, and now has 35 people evaluating claims. Still, it has reviewed only a fraction of the 13,000 claims filed, and has paid out only a dozen.<\/h5>\n<\/blockquote>\n

Not only that, but the Countermeasures Injury Compensation Program is\u00a0unfunded.<\/em>\u00a0It has no permanent budget and is only funded through emergency allocation requests. Last year it received a one-time grant of $15 million dollars, which is being quickly consumed by its administrative costs, and is obviously not being used to\u00a0pay claims<\/em>, which are limited to $50,000 anyway.<\/p>\n

I believe that, by creating a statutory claims process that excludes access to real courts, the PREP Act is an unconstitutional violation of the separation of powers. Article III provides citizens access to courts to resolve their claims, not some unfunded Article I administrative agency. Our lawsuit is drafted, ready to file, and is currently being reviewed by constitutional experts. We hope to file it next week.\u00a0 I\u2019ll have a lot more to say about it soon.<\/p>\n

There are already signs that the Overton window is shifting. Yesterday (albeit on News Nation), in a followup to the Times\u2019 story, former CNN Anchor Chris Cuomo revealed \u2014 I believe for the first time, and without details \u2014 that he was\u00a0also<\/em>\u00a0injured by the covid vaccines.\u00a0 \u201cPeople like Shawn,\u00a0and me<\/strong>, and millions of others who still have weird stuff with their bloodwork and their lives and their feelings, you know, physically, are not going away.\u201d<\/p>\n

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CLIP: Chris Cuomo interviews vaccine-injured nurse and admits his own injury (5:55).<\/a><\/p>\n

It\u2019s significant that Chris felt safe enough to publicly claim his own vaccine injury. Toward the end of the clip, Cuomo offered to help Shawn (mentioned in the Times\u2019 article) get connected with Cuomo\u2019s doctors, suggesting to viewers a much wider population of the injured and the existence of courageous independent doctors trying to help them:<\/p>\n

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\u201cLet me tell you something. Shawn, I can\u2019t help you. I\u2019m no clinician. I\u2019m just, I\u2019m sick myself. But I\u2019m working with people who are working on this. So I\u2019ll make sure we\u2019re in touch right after the show. I\u2019ll help anyway I can. I\u2019ll hook you up with my clinicians. I will never stop reporting on this. We need to have a 9\/11 commission. It\u2019s not over.\u201d<\/em><\/h5>\n<\/blockquote>\n

I can\u2019t help but wonder whether Cuomo\u2019s hasty departure from CNN in December 2021 might have somehow been related to his vaccine injury.<\/p>\n

Why are we seeing this\u00a0now<\/em>? I\u2019m speculating, a lot, but cynically I sense politics at play. We\u2019re six months out from the election.\u00a0Who<\/em>\u00a0does admitting even partial failure of the vaccine program help, politically, and who does it hurt? The acknowledgement of the reality of widespread, unaddressed vaccine injuries would seem to hurt\u00a0President Trump<\/em>\u00a0the most.<\/p>\n

This is a contentious topic. If that\u2019s true, if they are finally admitting the truth of the vaccine problem to hurt President Trump, then I am grateful he has never criticized the jabs. If Trump\u00a0had<\/em>\u00a0come out against the shots, the New York Times would have tripled-down and we would have\u00a0never<\/em>\u00a0seen this day arrive. Just look where hydroxychloroquine wound up.<\/p>\n

It doesn\u2019t matter though. The first, most important thing is to get help to vaccine injured people. And this wide crack in the left\u2019s Overton window is just what those of us screaming about this problem have been waiting for. We\u2019ll make the most of it, believe me.<\/p>\n

___
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