"STOP THE SHOT" Litigation Filed NY Health Care Workers Seek Protection from DC Federal Court

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Natural Solutions Foundation joins New York health care workers facing mandatory flu shots and health freedom advocates to challenge FDA's approval of licenses for 4 "Swine Flu" 2009-H1N1-A vaccines allegedly without following its own agency rules and Federal statutes. The Case has been filed in the United States District Court for the District of Columbia and bears Docket No. 1:09-cv-01924.

Although the government has begun delivery this week of the novel "Swine Flu" 2009-H1N1-A live virus nasal mist vaccine to 90,000 government-approved locations nationwide, six New Yorkers and several NonGovernmental Organizations (NGOs) involved in health freedom civil rights expressive association, filed for an Emergency Injunction in the US District Court for the District of Columbia to prevent the distribution of what they believe are illegal, unnecessary and dangerous vaccines.

The case of Null, Laibow et al. v FDA et al. [Docket No. 1:09-cv-01924] challenges the legality of the September 15th licensing of four vaccines prior to any safety testing for what the government calls a "novel flu virus with pandemic potential." The complaint alleges that the government failed to follow its own rules and applicable legislation in rushing the vaccine approvals in the absence of any of the requisite minimum scientifically sound and appropriate testing for both safety and effectiveness, as in the opinion of the Plaintiffs, required by law since 1964.

Link to Complaint: healthfreedomusa.org/?page_id=3619

Link to Brief: healthfreedomusa.org/?page_id=3624

Link to Action eAlert: healthfreedomusa.org/?p=3635

The New Yorkers are all health care workers who are therefore subject to that State's new legal mandate (promulgated August 13, 2009) requiring that nearly all of the State's half million health care workers receive all Federally recommended flu vaccines or lose their jobs. This requirement puts the health care workers in significant jeopardy since, Plaintiffs allege, these newly approved vaccines have never been tested for either safety or efficacy and may carry major risks.

The lawsuit, announced at a demonstration by the health care workers last week at the State Capitol in Albany on September 29, 2009, is expected to be just one of the suits filed challenging various government "emergency" actions for a flu that has proven (during the just concluded Southern Hemisphere flu season) to be neither pandemic nor virulent despite dire predictions to the contrary and despite a Health Emergency declared by the CDC on April 25, 2009, 11 days after the first alleged death from Swine Flu on April 14, 2009 and a Level 6 Pandemic declaration by the World Health Organization followed on June 11, 2009 (which was only possible since W.H.O. downgraded the definition of a "Level 6 Pandemic").

The Plaintiffs include health care professionals such as Dr. Gary Null, PhD, a well-known New York nutritionist, Rima E. Laibow, MD, a New York licensed physician who is Medical Director and a Trustee of the Natural Solutions Foundation, Dr. Tedd Koren DC, head of Foundation for Health Choice and four other health care workers covered by the mandate, including a Registered Nurse who has had prior adverse reactions to flu vaccines; a pregnant Nurse's Aide, a health care student who has been told that she cannot see the patients whom she must see in order to finish her training, and a woman who works in the billing department of a hospital. All have been denied exemptions and told they will lose their positions under the new mandate if they are not vaccinated with all flu vaccines, including the new "Swine Flu" vaccine.

The Complaint alleges that the FDA erred in determining that safety testing was not needed because the 2009-H1N1-A vaccines are a mere "change of strain" not requiring safety testing. The Plaintiffs claim there is no significant scientific agreement that supports the government's actions. The experts presented by the Plaintiffs include Sarah Schon MD, a Board Certified Immunologist and Paul G. King PhD, a noted analytical chemist with decades of experience in the pharmaceutical industry.

The Plaintiffs further allege that the Live Attenuated Influenza Virus (LAIV) nasal mist vaccine could trigger the very pandemic the government claims people should fear, calling the decision to allow a LAIV vaccine using a WHO and CDC declared "novel pandemic virus" an "arbitrary and capricious decision without any basis in the scientific record."

Citing HHS Secretary Sebelius's September 15th testimony before a Congressional committee when she announced the vaccine licensing, that even the FDA's own scientists would not "sign-off" on the use of the most toxic vaccine ingredients (known as "oil in water adjuvants") the Plaintiffs allege the government has a plan to nonetheless approve these substances, never before approved for drug use in the United States, under an "Emergency Use Authorization" (EUA) permitted by the 2005 Project Bioshield Act. On July 13, 2009, according to a press release on the http://www.HHS.gov web site, the government purchased nearly a half billion dollar's worth ($485 Million USD) of the deadly adjuvnt squalene, an oil in water adjuvant, blamed by many nongovernmental physicians as a "Gulf War Syndrome" causative agent in more than 25% of the soldiers who were subjected to an experimental anthrax vaccine, Vaccine A, containing squalene. Vaccine A was later authorized under an EUA propmpting a Court ruling that makes its use legal only in voluntary situations. The government's stockpile is enough squalene to "stretch" the 167 million doses of "Swine Flu" vaccine the government has purchased to cover the entire American population since the purpose of an adjuvant is to increase immune response to the injected material. The FDA web site indicates that the adjuvanted vaccines will be provided only under an EUA which, Plaintiffs allege, will allow the agency to skirt "Good Manufacturing Practices" and, further, the controversial issue of whether squalene is too dangerous to be permitted under the laws as they are now written.

Secretary Sebelius further testified before Congress that a single company will be contracted by the government to deliver the vaccines to 90,000 locations around the country. The FDA site further indicates that the squalene will be mixed with the approved vaccines at those sites before administering the shots, without regard to normal pharmaceutical manufacturing requirements. The Plaintiffs claim that this will result in dangerously adulterated vaccines that may cause much more injury than the infamous 1976 "Swine Flu" vaccine program that killed hundreds and maimed thousands before it was stopped just ten weeks after it began, with nearly fifty million Americans having received that deadly shot or the dangerous squalene-adjuvanted Vaccine A which caused so many cataclysmic illnesses and deaths in Gulf War I military personnel. These shots, too, were both unnecessary and untested.

In their submitted Complaint, Brief and Certifications the Plaintiffs remind the Court that as early as 1905, even before the Federal authorities had the legal power to license vaccines, the Supreme Court stated, in Jacobson v Massachusetts (197 U.S. 11),

"We are not to be understood as holding ... that the judiciary would not be competent to interfere and protect the health and life of the individual … 'All laws,' this court has said, 'should receive a sensible construction. General terms should be so limited in their application as not to lead to injustice, oppression or absurd consequence.' ..."

The lead attorney for the Plaintiffs, Leslie Fourton JD, of New York, is working with the respected Washington regulatory law firm of Swankin and Turner and a team of legal experts from around the country, including Larry Becraft JD, Alabama, Alan G. Phillips JD, North Carolina, and Ralph Fucetola JD, New Jersey.

Counsel Fourton stated,

"Without taking into account serious objections raised by many scientists, FDA approved four "Swine Flu" 2009-H1N1-A Vaccines without enough concern about any definitive safety testing and the quality thereof. The Secretary of Health and Human Services testified before Congress, announcing the approvals and a program to widely distribute the Vaccines which were purchased by the federal government. The administrative record appears to be defective in that the record as posted on the Agency web site does not include, for all the approved Vaccines, a drug package insert or label with an accurate list of ingredients. We don't know what was approved or how dangerous it may be. The Plaintiffs seek immediate relief."

The nongovernmental organizations who are supporting the New Yorkers threatened by the "Swine Flu" vaccine approvals, by joining in the legal action, are the National Solutions Foundation - http://www.HealthFreedomUSA.org, whose President is Maj Gen Bert Stubblebine (US Army Ret.), Dr. Tedd Koren's Foundation for Health Choice http://www.FoundationforHealthChoice.com and the Gary Null organization - http://www.GaryNull.com.

For further information contact:

Ralph Fucetola JD - 973-300-4594
Natural Solutions Foundation Counsel and Trustee

Natural Solutions Foundation
The Voice of Global Health Freedomâ„¢
http://www.GlobalHealthFreedom.org

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