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RFK, Jr. on Ruth Bader Ginsburg

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Ruth Bader Ginsburg’s death robs vaccine safety advocates of one of their SCOTUS champions. The other is Sonia Sotomayor. In 2015, RBG joined Sotomayor in a withering dissent of Judge Scalia’s historic decision in Bruesewitz v. Wyeth. Scalia and his corporatist brethren interpreted the 1986 Vaccine Act (VICA) to shield Pharma with full immunity from liability for vaccine injuries. Their decision removed all incentives for Pharmaceutical Corporations to make vaccines safe and Americans forfeited their 7th amendment right to jury trial against vaccine companies that harmed them, no matter how negligently. RBG and Sotomayor said that Scalia’s opinion caused “considerable violence to the statutory texts, misconstrued the legislative history and draws all the wrong conclusions” from VICA. Congress, the lady Justices observed, intended to exempt vaccine manufacturers from tort liability “only upon a showing by the manufacturer in each case that the vaccine was properly manufactured and labeled, and that the side effects stemming from the vaccine’s design could not have been prevented by a feasible alternative design that would have eliminated the adverse side effects.…” They pointed out that tort suits, including discovery, were the only force incentivizing drug companies to make vaccines safe. “Tort suits uncover unknown drug hazards and provide incentives for drug manufacturers to disclose safety risks promptly.” By construing VICA to pre-empt all design defect claims, “the majority’s decision leaves a regulatory vacuum in which no one—neither the FDA nor any other federal agency, nor state and federal juries” ensures vaccine safety. “There is no reason” they added “to think that Congress intended in the vaccine context to eliminate the traditional incentive and deterrence functions served by … tort liability…. Nothing in the text, structure, or legislative history remotely suggests that Congress intended that result.” Scalia’s decision made vaccines immensely profitable and gave blanket immunity to the 72 mandated doses of unnecessary, untested, risky, zero liability vaccines now on the mandatory schedule.

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