Friday, November 21, 2008

"Preemption" Preemption?

Preemption is defined as "the right of purchasing before others" or "a prior seizure or appropriation : a taking possession before others".

As for vaccine court, the idea of "preemption" has been the dividing line all along. Does the vaccine marketplace have exclusive rights before the civil rights of citizens? Congress seems to think so. They agreed to create preemption when they created vaccine court.

It's not the obligation of parents to determine if the vaccine marketplace has been honest, open, or deliberately obfuscating the deleterious adverse events typically consistent with vaccinating infants and toddlers. Congress has blasted the drug companies for Vioxx, etc. conducting investigations and holding hearings, but they never peel the biologics banana.

As Thimerosal is reportedly heading to the U.S. Supreme Court, one thing to keep in mind is that a drug company believes Thimerosal has some sort of legal "preemption".

Remember the Eli Lilly rider.

The fact that the pharmaceutical lobby has tried repeatedly to provide Thimerosal "preemption" in the form of liability immunity legislation doesn't support this, their latest theory. The Supremes should reject Thimerosal preemption being sought.

If the high court agrees to preemption, they will effectively establish the divine right of the U.S. Food and Drug Administration. The only problem with that is we are a Constitutional Democracy.

There's no divine right for kings in our land, much less a divine right to Thimerosal poison American infants and toddlers. It's just zany to suggest that a government agency or their partner in policy-making is entitled to a divine right.

I wish a graphic containing the statistics from vaccine court claims would suddenly appear to the left of this text. If it did, I might wonder why the number of claims for Autism dropped to nothing (not exactly *nothing*) at a time of unprecedented publicity.

The glaring issue with all of us today should be this practice of holding court without an actual trial. Prejudice is very ugly. Preemption is prejudice.

Politics is the business of exchanging favors, justice isn't. One good thing about vaccine court is that it equalizes claims. There's no such thing as major client status. The people imprisoned behind the walls of the gated communities have to accept justice, for all.

There's always a likelihood that the drug companies have already covered their bases, but as long as vaccine court exists drug companies won't be bankrupted by a handful of the power mongering Autism elitists.

Remedy must come from the courts, but if the drug company-backed pro-vaccine lynch mob led by the likes of Paul Offit and a surprising black-ops team has their way, the proof of harm will never see the light of day and justice is limited to the cherry-picked few children born to the well-heeled.

If that's a class issue to you, make that a lack of class issue in proper context.

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