Eight of the ten vaccines required by SB277 for California’s children to have access to education were found guilty of causing more than half of the total vaccine injury damages paid out to Americans by the U.S. Government in 2014, The Mom Street Journal has learned.

The MMR, Hepatitis B, DTaP, DPT & HIB all represent 8 of the 10 childhood diseases listed in SB277 by Sens. Pan and Allen, who are trying to fast-track the vaccine bill through the California legislature.  Three of the eight are only available in the controversial triple shot known as the MMR — currently under investigation by the U.S. Department of Justice in a Pennsylvania law suit, and also facing claims by a CDC scientist of fraud around safety and increased risk for African-American males.

The vaccine court judgment report, which is issued every January and is sent to the Vice President of the United States, is an annual report summarizing all the cases settled and monies issued to plaintiffs as compensation for vaccine injury.  Because the Supreme Court ruled vaccines are ‘unavoidably unsafe,’ the U.S. government gives vaccine manufacturers broad immunity from most civil claims. Instead, families of vaccine individuals are forced to sue the U.S. government.

Of the 35 cases in 2014 resulting in payouts totaling $23 million, the results comprise 6 categories in order of millions: the MMR ($6 mil./4 cases); the DTap/DPT ($5.6 mil./2 cases); influenza ($4.9 mil./10 cases); ‘Other’ ($4.4 mil./13 cases); Hepatitis B ($1.9 mil/3 cases) and Rotavirus ($195k/ 1 case).

The government categorize 13 of the cases as ‘other,’ which often indicates multiple vaccines are the cause. 

Robert Krakow

Robert Krakow

“The number of vaccine injury cases accounted for in the annual judgment report represents the tip of the iceberg for determining how many cases of vaccine injury actually exist, for the following reasons,” explains Robert Krakow, a former prosecutor in New York who has been representing claims for vaccine-injured individuals for many years.  “First, doctors are reluctant, because of pressure to promote vaccination, to confirm the fact that adverse events are related to vaccines.  Second, science is not developed sufficiently yet to explain the causal relationship of vaccination to injuries – a point well-recognized in the legislative history of the Vaccine Act, and in the appellate decisions interpreting the Act. Third, it’s difficult to get an expert.  Very few physicians are willing to testify in support of a vaccine injury claim, again because of the pervasive public health policy strongly supporting vaccination. Without competent medical experts, it is impossible to successfully prosecute vaccine injury cases.”
Krakow says these are the reasons why so few vaccine injuries actually make it to court, and why very few victims of vaccine injury receive compensation. The victims that do receive compensation are for the most obvious injuries that are best understood by medical science.  One clue for understanding the limitations of the vaccine court is the number $250,000, which is the maximum the U.S. government will pay for pain and suffering if your child is injured by a vaccine.  This limitation on recovery for pain and suffering is far lower than the damages available in most courts, which have no limitation on damages.

“Another problem is that the Program is not publicized, as clearly required in the Vaccine Act,” explained Krakow.  “Again, the reason is that government publicity for the program would conflict with the government’s policy promoting vaccination. This conflict was reported in the November 2014 Government Accountability Report about the Vaccine Injury Compensation Program. As a result, many victims of vaccine injury do not even know until it is too late – there is a three-year statute of limitations that starts with the onset of symptoms of an injury – that they can file a claim under the Vaccine Act.”

Two of the 13 ‘other’ settlements include pain and suffering damages of $250,000.

The MMR is the most money paid out of all the injuries but it only involved 4 cases.  It’s also one of the vaccines parents are most concerned about, since it is only available as a triple shot in the United States and, in fact, sometimes combines into a quad or hexa, depending on which one the doctor chooses to use (the quad or MMRV as it is called, contains the MMR and varicella for chickenpox; the hexavalent is the MMRV with HIB). 

The more vaccines given to a baby or infant at one time, the greater the risk of injury.  Yet Merck continues to not make the MMR available in single doses in the United States.

In 1992, the Japanese government banned the MMR.  Merck responded and at the request of the Japanese government supplies Japan with single-dose measles vaccines–a change Americans have been demanding for more than 10 years.

Two of the 4 MMR cases include pain and suffering payouts of $250,000 which would indicate death; although there are only 4 plaintiffs receiving payouts from the vaccine court for damages as a result of the MMR, the total payout in this category is the highest at $5.9 million.

The MMR is the only vaccine on the market in the United States that addresses measles, mumps and rubella. It is currently under investigation by the U.S. Department of Justice for fraud by Merck for falsifying data that enabled it to show 95% efficacy data to the FDA, and has also been indicated by Dr. William Thompson at the CDC as also being involved in fraudulent behavior stemming from data that Thompson claims was suppressed by the CDC indicating African-American males are 336% more likely to receive an autism diagnosis as a result of the MMR if given the vaccine under the age of 3.

The MMR is mandated by SB277.

The second largest payout for 2014 is the DTaP and DPT.  Both of these vaccines, which are also required by SB277, only involved 2 vaccine-injured plaintiffs but the cases must have been very extreme since the payout was $5.6 million.

Third on the list of vaccine injuries is influenza — an important vaccine because it still contains trace amounts of thimerisol. Of the 10 influenza cases, at least 2 are the result of the Haemophilus Influenzae Type B vaccine, which is mandated in SB277.

The ‘Other’ category weighs in at number 4.  Hepatitis B vaccine injuries were fifth with $1.8 million (one was for $250,000 indicating death). Hepatitis B is given to newborns routinely in the hospital unless parents provide a signed waiver in advance of giving birth. It is included in the SB277 mandated vaccines.

And finally, one vaccine-injury plaintiff received a settlement as a result of injury from the rotovirus vaccine. That payout was for $195,000. The rotovirus is not on the SB277 schedule.

“This list of vaccine-injured plaintiffs demonstrates the risk that these recommended vaccines carry

Michelle Ford of  V.I.A.L.

Michelle Ford of V.I.A.L.

— a risk that the parents of California’s children will be forced to take if they want to keep their kids in school,” said Michelle Ford, President and Founder of the Vaccine Injury Awareness League (V.I.A.L.).  “This is yet another example of why vaccine makers need to restore the public’s confidence in the vaccine system, and restore their integrity by creating products that are safe for all.  Forcing the mandate of products that are causing harm by threatening the elimination of access to the education system is clearly not the answer.”

Families of vaccine-injured individuals have reported to the MSJ that the vaccine court is a difficult and arduous process.  The government hires top-notch, bulldog attorneys, often dragging cases out for as long as 10 years, and despite their loved ones having injuries directly correlating with vaccine doses, many physicians refuse to write that vaccines caused the injury in their loved ones’ charts out of fear of pressure and persecution from the American Medical Association, their local medical board and other governing organizations including the insurance industry which pressure physicians to ignore reactions and continue to push and endorse vaccines for their patients.

“Here is a picture of my daughter, hooked up to all these tubes and wires in the hospital, after her third vaccine injury,” one mom told the MSJ yesterday at the state capital in Sacramento.  “We kept vaccinating her, at the advice of our pediatrician, despite her reaction getting more and more severe each time, because we thought people who don’t vaccinate are crazy and we didn’t want to be one of those people. But now that we have a second daughter who is unvaccinated and healthy as a horse, we get it.”

The mother went on to show the MSJ the letter from her doctor refusing both a medical exemption for either child and also disputing the vaccine injury.  The mother said if SB277 passes they will move out of state before they will ever vaccinate their children again.  Their first daughter has to eat peanuts every day for the rest of her life to combat a peanut allergy as a result of her vaccine injury (peanut oil is used in vaccines). She also has permanent, chronic asthma and is forced to take steroids ongoing.

Proponents of SB277 simply write off vaccine injury as a ‘cost of doing business.’  Given that the vaccine market is $40 billion annually as of this year, these payouts are minimal. 

Opponents of SB277 cite the Epidemics, Book 1, of the Hippocratic School which states ‘First, do no harm,’ and gave birth to the Hippocratic Oath which all doctors swear to when they receive their medical licenses.  No harm means no harm, not harmful to some but not others.

SB277 has passed the California senate, and is anticipated to go to a vote in the Assembly anytime between the next 24 hours and 7 days.  Once it passes the assembly, it will go to Governor Brown’s desk for either veto or to be signed into law.  It will take away the right to a public or private school education if parent’s don’t inject their kids with 49 doses of vaccines by age 5.


  1. Danielle Netherton on

    This is one of the best articles i’ve read on SB277 in months. Brilliant job, and thank you.

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