DuVernay and Vaccines

By Michael Walsh

            This letter is in response to Mr. DuVernay’s article in the Monadnock Shopper, issue Nov. 4 – 10, 2020.  Before I delve deeply into this article I must make some painful observations:  first, Mr. DuVernay’s area of expertise is in business and finance.  The article is, without a doubt, a heavy-handed, broad-brushed slur and slander against all those who suspect and are concerned that vaccines may cause harm, and that they are often not effective.  

            Consider the title: “Fighting The Anti-Vaxxers”.    Mr. DuVernay describes this as a “fight”.  I guess it’s all over, and there really is no point to any discussion or debate!  The “anti-vaxxers” are the bad guys, and the vaccine manufacturers are the good guys, and we should be fighting the anti-vaxxers.  In case you had any doubts, the very first sentence describes anti-vaxxers as “a small group of FANATICS”.  To “prove” his point, he employs the old debate device known as the “straw man”.  DuVernay’s straw man is a clear overstatement of the “anti-vaxxer” position.  Duvernay claims that anti-vaxxers are opposed to ALL vaccines and all vaccine us.   Simply not true.  Well, folks, the foregoing  is called pejorative language.  In the law, it is also called “conclusory”.  There is no analysis; nor reference to any scientific works, studies, historical data or to the views of those who have most certainly been harmed by vaccines.  How do I, an attorney, know this?  Because I went to the website of the National Vaccine Injury Compensation Program [VICP].

            That site reports that, since 2017 over 5,000 claims to VICP have received compensation.  In that website you will find a whole list of vaccines that have harmed people.  Some of these vaccines are:  Diphtheria, Tetanus, Pertussis; Haemophilus influenzae type B, Seasonal influenza, Hepatitis A, Hepatitis B, Human papillomavirus, Measles, Mumps and Rubella, Meningococcal, Pneumococcal conjugate, Polio, Rotavirus and Vacilla.  I would ask Mr. DuVernay if these people who were compensated are among the “fanatics” that he describes in his article?  Are they among the “conspiracy theorists” that he alludes to? I don’t know how Mr. DuVernay’s business and finance background qualify him to speak authoritatively on the subject of vaccines.

            As an attorney, I discovered that vaccine manufacturers have used their wealth, power and influence to create huge breaches in the common law.  They have managed to obtain immunity^[1] from tort claims for the two things that they most often brag about, which is the “safety and effectiveness” of their vaccines.  In common law there is something called the Warranty of Merchantability, which means that a cause of action is available to anyone who purchased a product or service that was not reasonably suited for the purpose for which it was sold.  For example, if you bought a printer that did not print, or was otherwise defective, you could sue in court for compensation^[2].  But, not with vaccines….. thanks to the vaccine manufacturer’s successful lobbying.

            What about injuries?   Wouldn’t you think that if you purchased a product, and used it properly, but were injured, that you could go to court and sue the manufacturer?  Well, yes, but not if you are injured by a vaccine.  That kind of lawsuit has been taken off the table.  What we have now is the Vaccine Injury Compensation Program.  Does it make a difference?  You bet it does.  Under this program, you do not have recourse to the full rules of civil procedure.  Your power of subpoena and discovery are greatly curtailed.  And, most claims take over five years to be concluded.  You cannot cite precedent in law or legal cases because every case is supposedly decided on its own “merits”, and, quite frankly, the “vaccine court” is not a court of law or equity that is bound to follow precedent.  It is its own special, narrowly focused franchise.  And, no amount of negative decisions regarding the vaccines that have been found to be harmful results in the removal of those vaccines.  So, the pharmaceutical industry has managed to contrive a kangaroo court to protect ITSELF, but not to deal with the problems of vaccines.  They have more money than King Midas, so it is cost-effective for them to dribble some payments out to shut up those who have been injured.^[3]  Yet, I have to conclude, based on my experience, that there have been many more injured than have brought claims, and that many valid claims were denied compensation.  It is just the law of averages.  Many people who have been injured by vaccines never even connected their injury or symptoms to the vaccine.  Without knowledge of the cause, who knows to seek compensation?

            All of the foregoing is brilliantly highlighted by a recent event in Keene, New Hampshire where the alarm was sent out over all the media that a child had come down with measles.  The hair-on-fire-brigade swung into action, and a clarion call was made for more and more vaccinations to be administered.  Local talk radio had the state’s chief health officer on the air, and it was repeatedly stressed that more vaccination was the undoubted solution.  The incessant mantra was “safe and effective”.  If I heard it once, I must have heard it a dozen times, again and again:  “safe and effective” (but, doesn’t just the existence of the VICP tell us that vaccines cannot be so infallibly “safe and effective”?)  Anyway, in a sequence of revelations that would make Gilda Radner, of the old Saturday Night Live crew moan her classic line, “never mind”, it turned out that the child got the measles from the vaccine.  End of story.  Yet, there was no analysis or commentary about any dangers of the vaccine; how to prevent such dangers; how to protect yourself or your children from such dangers.  The very punch line of the story was smothered and virtually ignored.  The “safe and effective” mantra was stuffed in a gym bag like a misbehaving ventriloquist’s dummy to be taken out at a later date when the fleeting attention of the public had past. 

            This all boils down to one of the most important phrases in the law:  Informed Consent.  Product liability cases and medical malpractice claims are won every day for the very reason that the victims were never accurately informed of the risks that they would undergo by receiving a medication, treatment or surgery.  The vaccine court is a means of killing informed consent.  The vaccine manufacturers claim that they have no duty to disclose the truth about their harmful products discovered in testing because the results of the research, which they have paid for, is proprietary.  This has been done with fluoride, with glyphosate (think “RoundUp” and “Monsanto”), and many other harmful products that have been positively found to be harmful in actual scientific research.  The damning truth is that the vaccine manufacturers don’t care!  They are about making money, and not just making an honest buck, but making billions and billions of exorbitant profits, which come at the cost of the health of real people whose lives have been lost; of parents who have to care for and watch their autistic children live lives of torment and isolation; children who will never have children of their own, and must be cared for throughout their entire lives as if they were toddlers or infants.  Just remember that the third leading cause of death in the United States is medical errors.  Is that a statistic that engenders uncritical trust of the medical establishment?

            In summary, and to address the opening dilemma that Mr. DuVernay posits at the beginning of his article, YOU NEED TO BE VERY CONCERNED ABOUT A COVID VACCINE.  If you take such a vaccine by trusting the same people that I have described above, then you are not wise.  Don’t let them inject into your body some RNA messengers that could go AWOL with unknown ramifications.  Watch for vaccines which don’t disclose ALL of their contents, since unidentified additives, adjuvants or undisclosed stealth contents have been sometimes found to be included with the labelled ingredients.  That is….  if you value your life and health, and the lives and health of those that you love.              

Michael Walsh, Troy, New Hampshire