Pandemic H1N1 Swine Flu: What About You & Your
Family?
VACCINE SHOULD NOT BE GIVEN TO CHILDREN 0000000000000000000000000000000000000GARDASIL (HPV) VACCINE
INJURY AND DEATH
Note:
The following information is being
provided as a public service by the National Vaccine Information Center, a
not-for-profit organization founded in 1982 to prevent vaccine injuries and
deaths through public education and defend the informed consent ethic.
www.NVIC.org
On April 26,
2009, public health officials from the Centers for Disease Control (CDC) and the
U.S. Secretary of Homeland Security held a press
conference and declared a national public health emergency. The
declaration came in
response to identification of a new novel Influenza A (H1N1) “swine flu” virus
(combination of swine, bird and human influenza viruses) that was making people
sick and causing deaths in Mexico. By June 11, the World Health
Organization (WHO) raised the global
influenza pandemic alert to the highest Phase 6
level.
You, your family and
residents of your state are governed by federal and state public health laws
whenever the government declares a national “public health emergency.” These
laws, which contain provisions for isolation, quarantine and vaccination of
citizens, may or may not be enforced by government officials during a declared
public health emergency involving outbreaks of communicable infectious
diseases.
The last time that state public health
officials instituted widespread isolation and quarantine of citizens was during
the 1918 Spanish influenza pandemic. The 1918
pandemic reportedly infected an estimated 20 to 30 percent of the world’s
population with a 2.5% mortality rate and it has been estimated
that between 40 and 100 million people died from complications, including about
500,000 Americans.
Less serious influenza pandemics, like those
that occurred in 1957 and 1968, have resulted in a mortality rate of about 0.1%.
In 1957 the Asian Flu reported contributed to the deaths of about 68,000
Americans. In 1968, complications from the Hong Kong flu reportedly killed about
34,000 Americans.
There is evidence
that both annual influenza and most pandemic
influenza outbreaks, with the exception of the 1918 pandemic, are generally
mild. (There is also evidence that annual influenza vaccines are not as
effective in children and adults as previously
maintained by those promoting that all children and adults get annual flu
shots).
Mortality Associated with the Current Swine Flu
Pandemic
The CDC states that every year regular influenza is associated with
complications that lead to the deaths about 36,000 Americans. However, there has
been controversy about whether that figure is accurate or potentially
overestimates influenza deaths by including non lab-confirmed cases that
resemble influenza but are actually due to flu-like illnesses caused by
non-influenza viruses and bacteria. (Only about 20
percent of all flu-like illness is due to type A or
B influenza and most people, young and old, recover without serious
complications from influenza).
By the week of July 6, 2009, the World
Health Organization (WHO) had reported 94,512 confirmed cases of new swine
(H1N1) influenza worldwide with 429 deaths. That week the WHO recommended that
lab confirmation of swine flu cases
stop being performed in many countries and advised that most symptoms of
flu-like illness and pneumonia could be presumed to be caused by the H1N1 swine
flu. (This presumption of causation could eventually lead to an overestimation
of both morbidity and mortality directly caused by swine H1N1 influenza
worldwide and in large nations such as the U.S.).
There are some reports
that the H1N1 swine influenza is not as deadly and is not as easily transmitted from person to
person as originally predicted by public health officials.
As of July 17,
2009 the CDC listed 40,617 probable and lab confirmed swine flu (H1N1) cases
reported in the U.S. with 263 deaths. To view the CDC’s Weekly Influenza
Surveillance Report, click
here.
What Are the Symptoms of Swine
Flu?
During the spring and summer of 2009, for most
people the H1N1 influenza virus caused uncomplicated, moderate, typical flu-like symptoms similar to regular influenza: fever, chills, body aches, headache,
fatigue, nasal congestion or runny nose, cough, diarrhea, vomiting. But for
others, symptoms were more severe and included pneumonia. 5-9% of confirmed
cases have been hospitalized.
Who Is More Likely To Get Swine
Flu?
One third of adults over 60 years of age have been found to
have protective antibodies to the H1N1 swine flu virus because they were exposed
to H1N1 influenza viruses circulating in influenza epidemics in past decades.
The majority of lab confirmed cases of swine flu in all countries have
been in adolescents and young adults under age 30.
Are Some
People More Likely to Have Complications?
Reportedly,
approximately half of the patients hospitalized in the U.S. and half of the
fatal cases in Mexico were in people between the ages of 20 and 59. The majority
of swine flu-related hospitalizations and deaths also occurred in people who were obese or suffering from
chronic inflammatory diseases such as diabetes, heart disease, and asthma or
were pregnant.
Is There a Vaccine for H1N1 Swine
Flu?
Swine flu vaccines are being developed and will be
tested by pharmaceutical companies and U.S. federal health agencies for release
to Americans in the fall of 2009. As of July 23, 2009, FDA and CDC officials are
discussing difficulties with H1N1 virus strain selection and production. Some
have suggested that two doses of the vaccine given several weeks apart will be
needed to confer protection.
An inactivated, injectable swine flu vaccine
is being created by Novartis, Sanofi Pasteur and GlaxoSmithKline and a live
attenuated virus nasal spray vaccine is being created by MedImmune. A limited
supply (about 60 to 80 million doses) may be available in September or
mid-October. The government reportedly has contracted with vaccine manufacturers
to produce a total of 193 million doses of swine flu vaccine
(and also has ordered 119 million doses of MF-59 and AS03 adjuvant)
SWINE FLU VACCINES
How Will the Swine Flu Vaccine Be
Made?
According to the FDA, the first candidate H1N1
vaccines will be monovalent vaccines prepared in eggs like annual influenza
vaccines and will not contain either aluminum or oil-in-water adjuvants (MF-59
or ASO3) that can be added to manipulate the immune system and stimulate
production of more antibodies.
Will
Future Swine Flu Vaccines Contain Unlicensed
Adjuvants?
Oil-in-water adjuvants (squalene) have not
been licensed in the U.S., although they are used in some inactivated vaccines
marketed in Europe and other countries (live virus vaccines do not contain
adjuvants). Many inactivated vaccines in the U.S. contain licensed
aluminum-based adjuvants added to increase production of antibodies in an effort
to make vaccines more effective at preventing infection.
Oil-based
adjuvants (MF-59 and AS03) manipulate and hyper-stimulate the immune system to
mount a stronger immune response to the lab-altered virus or bacteria contained
in vaccines. However, the use of squalene type vaccine adjuvants, which were
allegedly added to experimental anthrax
vaccines and made Gulf War soldiers sick, is
controversial.
Oil based adjuvants may increase the risk for
vaccine-induced chronic inflammation and autoimmunity in some children and
adults genetically predisposed to atypical inflammatory responses and
autoimmunity. No published scientific studies have examined whether those
already suffering with chronic inflammation associated with brain and immune
system dysfunction may be at special risk.
U.S. health officials are
expected to by-pass normal FDA licensing procedures and include oil-in-water adjuvants in some
swine flu vaccines released for public use. The legal ability for the FDA to
approve unlicensed vaccines and drugs whenever a national “public health
emergency” has been declared was given to the FDA by Congress under an Emergency
Use Authorization (EUA) provision included in 2004
Project Bioshield legislation (see below for more information on Bioshield and
the EUA). Will Swine Flu Vaccines Contain
Mercury?
Thimerosal, which is a
mercury-based preservative added to multi-dose vials of inactivated annual
influenza vaccines and other vaccines, has been associated with brain
and immune system dysfunction, including
autism.
Thimerosal, which is a mercury-based preservative added to
multi-dose vials of inactivated annual influenza vaccines and other vaccines,
has been associated withbrain and immune system dysfunction, including autism.
Thimerosal WILL be added as a preservative in multi-dose vials of
most inactivated (injected) H1N1 swine flu vaccines,
although there reportedly will be a limited supply of single dose vials of
inactivated swine flu vaccine that do not contain thimerosal.
How Long Will
Swine Flu Vaccines Be Tested to Prove Safety & Efficacy Before Being
Released?
According to the FDA, candidate swine flu
vaccines will be tested for one to three weeks on a few hundred
children and adults before being released for public use in the
fall.
There are indications by CDC officials may recommend that children
receive annual influenza shots as well as one or two doses of swine flu vaccine.
There will be little or no time between now and October to test the safety and
efficacy of giving children two to four doses of different kinds of influenza
vaccine.
Who Will Be the First to Get Swine Flu
Vaccine?
The Secretary of Health and Human Services
announced on July 9, 2009 that school children, pregnant women and
health workers will be the first to be given swine flu vaccines in the fall.
Plans are being made by the government to give children swine flu vaccine in
schools. Currently, government officials maintain that the swine flu vaccination
program will be voluntary.
Is There Liability Protection for Vaccine
Makers?
Yes. In 2005, Congress passed thePublic Readiness & Emergency
Preparedness Act(PREP Act). Congress took away liability
for experimental drugs and vaccines that are released for public use under
an Emergency Use Authorization(EUA) whenever a national
public health emergency is declared by the Secretaries of the Department
of Human Health & Services or Homeland Security in the federal government. A
federal compensation program was discussed in the PREP Actbut, as of 2009, there has been no
funding of a compensation program for children or adults injured or killed by
vaccines or drugs used under an EUA. A report for Congress by the Congressional Research Service discussed legal issues involved in the 2009 H1N1 outbreak
and the declaration of a national public health
emergency.
PUBLIC HEALTH LAWS
Could You or Someone in Your Family Be Required to Get
Vaccinated or Be Quarantined During an Influenza
Pandemic?
Public health laws in the U.S. are primarily
state laws with the exception of laws granting the U.S. President and Secretary
of Health and Human Services the legal authority to use law enforcement to (1)
prevent individuals with certain communicable diseases from entering the
country; and (2) prevent the spread of certain communicable diseases between the
states. State Governors and public health officials have the legal authority to
use police powers to prevent the spread of communicable diseases within the
state, including isolating and quarantining citizens.
By Executive Order
(EO) of the President of the United States, federal isolation and quarantine of
individuals is authorized to prevent transmission of:
Cholera;
Diphtheria;
infectious tuberculosis;
plague;
smallpox;
yellow fever;
viral hemorrhagic fevers;
SARS;
influenza that can cause a
pandemic
The President can revise this list by EO at any
time.
Centers for Disease Control officials have the power to detain,
medically examine and release individuals entering U.S. borders or traveling
between states who are suspected of being infected with these communicable
diseases, including pandemic influenza.
State public health officials can
exercise police powers to control the spread of infectious disease, including
pandemic influenza, within state borders and can enforce isolation and
quarantine or citizens. Federal and state health officials may work together to
enforce isolation and quarantine of citizens suspected or confirmed to be
infected with certain communicable infectious diseases, including pandemic
influenza.
Isolation can be used to separate those
who are infected and sick with a communicable disease from those who are
healthy. Isolation restricts the movement of ill persons to help stop the spread
of certain diseases. For example, hospitals use isolation for patients with
infectious tuberculosis.
Quarantine can be used
to separate and restrict the movement of well persons, who may have been exposed
to a communicable disease, to see if they become ill. These people may have been
exposed to an infectious disease and do not know it, or they may have the
disease but do not show symptoms. Quarantine can also help limit the spread of
communicable disease.
Click
here to review the CDC’s Facts About Isolation
and Quarantine Federal Public Health Laws vs. State Public Health
Laws
What was not defined in the U.S.
Constitution as a federal activity, defaulted to the states. Public health was
not defined by authors of the U.S. Constitution as a matter for federal
government and so, historically, most public health laws - including mandatory
vaccination laws - are not created by politicians you elect to the U.S. Congress
and send to Washington, D.C. Public health laws concerning mandatory quarantine
and vaccination can vary from state to state because those laws are created by
politicians you elect to serve you in your state Capitol.
U.S. Supreme
Court Gave States Power to Mandate Vaccine Use
State
public health laws that involve quarantine and vaccine use are implemented
whenever your state Governor declares a public health emergency. The legal right
of states to quarantine citizens to prevent the spread of certain communicable
infectious diseases goes back to before the American Revolution. The legal
authority for states to require Americans to use vaccines during non-emergencies
was affirmed by the U.S. Supreme Court in 1905 (Jacobsen vs. Massachusetts) in a
controversial decision involving smallpox vaccine. That high court decision made
by judges at the turn of the 20th century has been criticized in recent decades
for failing to acknowledge biodiversity and the fact that vaccines have the
inherent ability to cause serious injury or death, with some citizens at greater
risk than others and few ways for doctors and health officials to reliably
identify those at high risk for suffering harm.
Current federal and state public health emergency laws
give broad police powers to federal and state government officials to work
together to detain and quarantine you and/or require you to use vaccines IF they
elect to exercise that legal
authority.
Congress Gave More Power To Public Health
Officials After 9-11
After September 11, 2001, Congress
enacted the Homeland Security Act of 2002 that
reorganized and gave expanded powers to the Executive Branch of the federal
government, including creating the Department of Homeland Security. The Federal
Emergency Mangagement Agency (FEMA) was moved to the new
Department of Homeland Security. The Department of Homeland Security, which has
more than 200,000 employees and it the third largest department of the federal
government, works closely with the Department of Health and Human Services
(DHHS) to respond to declared public health emergencies.
The U.S.
Congress passed the Project Bioshield Act of 2004 and the
Pandemic and All Hazards Preparedness Act of 2006 to create and fund a partnership between private pharmaceutical
companies and the Department of Health and Human Services to develop
bioterrorism and pandemic influenza vaccines that could be used by Americans
whenever the U.S. Secretary of Health declares a public health emergency. The
National Biodefense
Science Board and the Biomedical Advanced Research
and Development Authority (BARDA) also were created under the DHHS Office for Preparedness and
Response.
An Emergency
Use Authorization (EUA) included in Bioshield
legislation passed by Congress allows experimental vaccines and other
pharmaceutical products to be fast tracked and given to citizens. Congress gave
full liability protection to drug companies making experimental vaccines and
drugs and to persons enforcing the use of or administering experimental vaccines
and drugs that may injure or kill civilians during a declared public health
emergency.
States Gave More Power to Public Health Officials After
9-11
In addition, since September 11, 2001, most state
legislatures have approved the re-writing of state public health laws to conform
with provisions outlined in the Model
State Emergency Health Powers Act (MSEHPA).
The MSEHPA is model state legislation that was funded, developed and promoted by Centers for Disease Control
officials and others advocating granting expanded
police powers to state public health officials to enforce quarantine and
mandatory use of vaccines during public health emergencies declared by state
Governors.
The U.S. Public
Health Service (USPHS) is one of seven uniformed services of the U.S.
government. Five of these are armed services (Army, Navy, Air Force, Marine
Corps and Coast Guard) and two are unarmed uniformed services: Public Health
Service and Oceanic and Atmospheric Administration Commissioned
Corps.
The armed forces of the Army, Navy, Air Force and Marine Corps
operate under the Department of Defense and the authority of the U.S. President.
Since passage of the Posse Comitatus Act of 1878, federal
armed forces have traditionally been restricted from being used to enforce
civilian law within U.S. territories. However, the armed forces of the U.S.
Coast Guard are exempt from the Posse Comitatus Act.
In 2003, the
U.S. Coast
Guard was moved from the Department of
Transportation to the Department of Homeland Security. During times of peace,
the Coast Guard now reports directly to the Secretary of Homeland Security and,
during times of war, the Coast Guard operates under the Department of the Navy.
The armed forces of the Coast Guard can be used to enforce “applicable U.S.
laws” or any other law enforcement duty
directed by the Director of Homeland Security, including enforcing public health
emergency laws.
The National
Guard
Under the U.S. Constitution and historically, the
National Guard has been a part-time law enforcement militia under the control of
the Governors of each state. During peacetime, National Guard units can be
called upon by Governors to respond to emergencies which occur within state
borders. During times of war, the U.S. President can deploy state-based National
Guard troops to fight in a war, as has been done during recent wars in Iraq and
Afghanistan.
Although the Posse Comitatus Act of 1978 restricts use of
U.S. troops on American soil by the Executive Branch of the federal government
for civilian law enforcement purposes, the Insurrection Act of 1807 allows one
exception: the President can use armed U.S. military troops such as the Coast
Guard or National Guard to put down rebellions or enforce constitutional rights
if state authorities cannot do it.
In the 2007 Defense Authorization
Bill, over the objections from all 50 state Governors, the U.S. Congress modified the Insurrection Act of 1807 to allow the President to federalize National Guard troops and use
them in the states to respond to a “natural disaster, epidemic or other serious
public health emergency, terrorist attack or incident” when the President
determines that “authorities of the state or possession are incapable of
maintaining public order.”
Department of Defense
The Department of Defense, which works with
the Departments of Homeland Security and Health and Human Services, can be
called on by the U.S. President to assist in responding to a declared public
health emergency, including an outbreak of pandemic
influenza.
Local Police
The local police in cities, counties and
states could be called upon by public health authorities and the Governors to
assist National Guard troops in enforcing quarantine or maintaining public order
and distributing pandemic influenza vaccines and other countermeasures during an
influenza pandemic.
The role that local police could play in pandemic
influenza response measures will vary from state to state depending upon the
public health emergency laws in each state.
Check the
Public Health Emergency Laws in Your State
It is important to check the new public health laws that have been
enacted in your state since September 11, 2001 because exemptions to vaccination
that are normally allowed for school entry can be suspended whenever a “public
health emergency” is declared. (Click here to go to NVIC’s website and
check the vaccine laws and exemptions to vaccination normally allowed in your
state in a non-emergency)
Since some states chose to amend their state
public health laws after April 26, 2009, when officials with the Departments of
Health and Homeland Security declared a national public health pandemic
influenza emergency, you can do your own research on the internet to learn more
about the state laws which govern you and our family (try entering into a search
engine the name of your state and the words “ pandemic influenza emergency
law”).
You can also check the CDC website page 2009 H1N1 Flu
Legal Preparedness or contact your elected state
representative and senator and ask for a copy of your state pandemic influenza
public health emergency law.
BEING PREPARED & TAKING ACTION
What Can You and Your Family Do To Be
Prepared?
Be Informed: Understand the
public health laws that govern residents of your state whenever the Governor
declares a public health emergency.
Make A Plan:
Although the current swine pandemic influenza outbreak may never result in
federal and state health officials using the authority to require vaccination,
isolation or quarantine, it is always good to be prepared for a worst case
scenario. Discuss with your family and make a plan for responding to the
possibility that your state, city, community, you or a member of your family
will be asked to be vaccinated, isolated or quarantined.
Issues to think
about:
1. Have you decided whether you or your child/children would agree
to get the swine flu vaccine if requested by government or school
officials?
2. Do you know if your child’s school will notify you
in advance when children are going to be given swine flu
vaccine at school?
3. If you do want your child to
receive the swine flu vaccine in school, do you want to consider asking the
school to give you written vaccine benefit and risk information ahead of time,
including how to monitor your child for signs and symptoms of a vaccine
reaction?
4. Do you want to give a letter to the school principal at the
beginning of the school year to be placed in your child’s records indicating
that you do or do not want your child to
receive the swine flu vaccine? Do you want your child to carry a copy of the
letter in his/her school backpack?
5. If you do not want
your child to receive the swine flu vaccine at school, do you want to consider
keeping your child home from school on the day(s) that the swine flu vaccine
will be administered to children?
6. If you do want your
child to receive the swine flu vaccine in school, do you want to contact the
school principal to make sure that you are given a written
record of the swine flu vaccine given to your child, including the
manufacturer’s name and lot number?
7. If you or your child/children
become sick and are subjected to isolation or home quarantine, do you have
adequate food, vitamins, supplements, medication and other supplies in your home
to live safely and comfortably for several weeks? Do you know someone who would
bring additional food and supplies to you?
8. If you or your
child/children are required by health authorities to be temporarily placed in
quarantine or isolation outside of your home, are you prepared to notify family,
co-workers, friends or an attorney, as well as prepared to pack personal items
and any necessary medications or vitamins, supplements or other items to take
with you?
9. Do you have readily available copies of your and/or your
children’s important medical records, including vaccination records or vaccine
exemptions filed with the state, as well as a written list of all prescription
medications, allergies or special dietary restrictions/needs?
10. If you
are considering getting the swine flu vaccine for yourself or your child, do you
know how much scientific evidence has proven the vaccine to be safe and
effective, whether you or your child has a personal or family medical history
that could increase risks for a vaccine reaction, and what vaccine reaction
symptoms to look for after getting vaccinated?
Evaluate Holistic Health
Approaches to Wellness & Healing
Old
fashioned, common sense approaches to protecting yourself from a bad case of the
flu and helping the healing process if you do get sick include:
1. Wash
your hands frequently. 2. Avoid close contact with those who are sick. 3.
If you are sick, avoid close contact with those who are well. 4. Cover your
mouth if you cough or sneeze. 5. Drink plenty of fluids, especially
water. 6. Get adequate sleep. 7. Eat a healthy diet rich in vitamins and
minerals, especially foods containing vitamin C (such as citrus fruits) and
vitamin D and spend a few minutes a day in sunlight to help your body make and
store vitamin D. 8. Exercise regularly when you are well. 9. Lower
stress. 10. Consider including holistic alternatives in your wellness or
healing plan, such as chiropractic adjustments, homeopathic and naturopathic
remedies, acupuncture and other holistic health care options.
For more
information on holistic health and wellness alternatives, visit the website of
Dr. Joseph Mercola at www.mercola.com
Stay Informed
and Connected
Information is power and
staying in contact with and communicating with others who care about you helps
protects you and your family in times of emergency.
Monitor the latest developments about pandemic influenza
in your community on the internet and on television and radio newscasts.
Stay in touch with close family and friends by phone,
email, and internet social networking.
Make an Emergency Notification phone list of key family
members, friends, co-workers, school teachers, attorneys, health
professionals, legislators, journalists or others you want to notify by phone
or email if you need them to know that you or your children are sick or where
you are. Choose one person to call if you only had one phone call to make.
Contact Your Legislators &
Community Leaders
If you are concerned about lack of
vaccine safety and informed consent protections in public health emergency
laws, call, write, email or visit the legislators you elected to represent you
in your State Capitol and in the U.S. Congress in Washington, D.C. Also
contact leaders in your community schools, political and civic organizations,
town and county governments.
Get involved by volunteering in your
community and getting to know your neighbors. Talk about ways you can support
each other if a public health emergency is declared in your
neighborhood.
If you see an article in your local newspaper that you do
or don’t agree with, write a letter to the editor. Call and voice your opinion
on talk radio.
Constructive change of laws and policies at the
grassroots level will only happen if we become activist citizens and
participate. Speak out and stay positive. Know that the effort you make to
educate others and be the change you want to see in the world is never wasted
even if change comes more slowly than you would like.
Take Action with NVIC
To stay up
to date on swine flu and pandemic influenza vaccines, become a subscriber of
the free NVIC Vaccine E-Newsletter and
periodically check www.NVIC.org for more information. If you or your family are pressured to use
swine flu vaccine or other vaccines without your voluntary, informed consent,
you may want to share your story with others by posting a report on NVIC’s Cry for Vaccine Freedom Wall.
Come to the Fourth
International Public Conference on Vaccination
sponsored by NVIC Oct. 2-4, 2009 in Washington, D.C. and meet others in your
state. Learn more about vaccine science, policy, law and ethics from top
speakers and how to organize and work to change federal and state public
health laws, including vaccine laws, that govern you and your
family.
Remain Cool, Calm and
Collected
There is a lot of fear and anxiety being
generated by frequent warnings from WHO and CDC officials that the current
swine H1N1 influenza could mutate and become more deadly. However, it is also
just as possible that the swine flu will remain mild to moderate in severity
just like regular influenza that circulates around the world every year. If
you do get swine flu this year, one benefit of recovering from influenza is
that the antibodies you create may well help you resist getting sick from H1N1
influenza viruses that circulate in the future.
Hopefully, federal and
state government officials will choose to exercise health emergency police
powers with restraint; allow citizens to exercise informed consent to
vaccination, including the right to decline vaccination without being harassed
or punished; and allow home quarantine of citizens as the least restrictive
means of controlling pandemic influenza if quarantine laws are
enforced.
Whatever happens, you can best protect yourself and your
family if you do not panic, remain calm, and take well considered and
responsible actions with full knowledge and understanding of federal and state
public health laws that govern you and your community during declared public
health emergencies.
Enacted by Congress in 2002 in
response to the terrorist attacks of September 11, 2001, the Homeland Security
Act established the Department of Homeland Security, consolidated the operations
of 22 federal government agencies and was the largest re-organization of federal
government operations since the creation of the Department of Defense after
World War II. The Act increased the responsibilities and power of the Executive
Branch of the federal government in an effort to streamline and consolidate
national security functions to defend Americans against future terrorist
attacks. The new Department also acts as a focal point in natural and manmade
crises and emergency planning.
The Homeland Security Act was passed a
year after Congress enacted the USA Patriot Act of 2001 that gave sweeping new
powers to law enforcement and intelligence agencies and reduced oversight powers
of U.S. courts in reviewing government surveillance of American citizens. The
Homeland Security Act gives pharmaceutical companies and other corporations
immunity from civil lawsuits for harm caused to citizens, limits citizen access
to information that can be obtained under the Freedom of Information Act (FOIA)
and allows government committees to meet in secret.
Project Bioshield was
enacted by Congress in 2004 in response to the events of September 11, 2001 and
fears about potential use by terrorists of weaponized microorganisms or deadly
pandemics. Project Bioshield legislation was designed to develop a broad
strategy to defend America against bioterrorism and what Department of Defense
officials described as “weapons of mass destruction.” The main purpose of
Project BioShield was to accelerate the research, development, purchase, and
availability of medical countermeasures against biological, chemical,
radiological, and nuclear (CBRN) agents.
The Pandemic and All Hazards
Preparedness Act (PAHPA) legislation enacted by Congress in 2006 (also called
Project Bioshield II) established a Biomedical Advanced Research and Development
Authority (BARDA) within the U.S. Department of Health and Human Services
(DHHS). This legislation had enabled government health officials to work closely
with the pharmaceutical industry to provide an integrated, systematic approach
to the development and purchase of vaccines, drugs, therapies and diagnostic
tools for public health medical emergencies. BARDA manages Project Bioshield and
the Public Health Emergency Medical Countermeasures Enterprise
(PHEMCE).
MODEL STATE HEALTH EMERGENCY POWERS
ACTS
Since September 11, 2001, most state legislatures have
approved the re-writing of state public health laws to conform with provisions
outlined in the Model
State Emergency Health Powers Act (MSEHPA).
The MSEHPA is model state legislation that was funded, developed and promoted by CDC officials and others advocating granting expanded police powers to state
public health officials to enforce quarantine and mandatory use of vaccines
during public health emergencies declared by state Governors.
Under state
public health emergency laws, public health and law enforcement may be
authorized to:
Take control of all roads leading into and out of your
community, city or state;
Enter homes and businesses without consent to investigate
and decontaminate property;
Appropriate property, including communications devices
(computers, cell phones, fax machines, land line telephones), transportation
vehicles, fuel, firearms, food, alcoholic beverages and other items and not be
held liable if these actions result in destruction of personal property;
Examine, detain, isolate, quarantine citizens and
vaccinate or medicate citizens without informed consent and not be held liable
if these actions result in injury or death of citizens.
However, the legal authority to enforce
public health emergency laws does not mean that public health officials will
choose to enforce them.