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Victims of HPV Vaccine in Japan Will Sue State and Vaccine Makers

Story Highlights
  • The HPV vaccine has become very controversial in Japan after years of reports of serious vaccine injuries suffered by many girls in that country.
  • HPV vaccine-injured victims in Japan are preparing to sue the state and the vaccine manufacturers.
  • In Japan, vaccine-injured victims can sue vaccine manufacturers in civil court but Congress and the U.S. Supreme Court have shielded vaccine makers from product liability in the U.S.

In the U.S., the human papillomavirus (HPV) vaccine has been a subject of controversy from the very beginning after Merck’s Gardasil vaccine was licensed in 2006.1 Japan is one of the many nations raising concerns about HPV vaccine following persistent reports that girls are suffering severe adverse effects after getting vaccinated.2

Controversy Surrounding Safety of HPV Vaccine in Japan

Here is what happened in Japan in a nutshell. In December 2010, the HPV vaccine  (both Merck’s Gardasil and Cervarix manufactured by GlaxoSmithKline) was provided at no cost to Japanese girls between the ages of 12-16 years old. In April 2013, the vaccine was officially included in Japan’s national immunization program. However, two months later, Japan’s Ministry of Health, Labor and Welfare publically announced that it had decided to withdraw its HPV vaccine recommendation.3 The decision was in response to numerous reports that formerly healthy vaccine recipients were experiencing alarming side effects ranging from short-term memory loss to paralysis.4 In October 2013, a special taskforce was formed to investigate the side effects of the HPV vaccine.5

Interestingly, HPV vaccines were not withdrawn from the market in Japan and continued to be available, but local governments, as advised by Japan’s Ministry of Health, Labor and Welfare, did not actively promote its use. Girls can still receive the vaccine if they chose to do so but doctors and other vaccine providers must inform them that the health ministry does not recommend it.6 

The Nationwide Liaison Association of Cervical Cancer Vaccine Victims and Parents in Japan and Dr. Sotaro Sato, director of the Sato Cardiovascular Internal Medicine Hospital in Osaki speculate that the motive behind this decision is more than likely due to: 

fear of potential lawsuits being filed by the association on behalf of numerous desperate families whose beloved, previously healthy daughters have been seriously impaired, paralyzed or horribly devastated by HPV vaccinations. Japanese courts would be likely to find health bureaucrats responsible for the serious adverse effects inflicted on the girls if they did not take precautionary measures beforehand and leave some evidence that could later be used to prove they had at least tried to do something to block the further spread of health impairments to upcoming generations of teenage girls. This would be a particular problem if the government moves to reinstate their recommendation of these vaccines during the current fiscal year ending on 31 March 2014, due to pressure from politicians and academics with financial ties or other links to the vaccine manufacturers, lobbying activities, and consulting ‘experts’ hired by the manufacturers.7

Almost three years later, The Japan Times recently reported that a class action lawsuit will be filed after June 2016 against the Japanese government, Merck and GlaxoSmithKline by victims who have suffered severe side effects as a result of receiving the former government recommended vaccine. Twelve plaintiffs will file the lawsuit at four district courts in Tokyo, Nagoya, Osaka and Fukuoka.

The plaintiffs are demanding answers as to why they were not informed of the risks of HPV vaccine prior to receiving it.8  The defense team will be hosting seminars in the next two months in hopes of seeking additional plaintiffs.8 

Vaccine-Injured Victims Cannot Sue Vaccine Makers in the U.S

Unlike in Japan where vaccine-injured victims can directly file a lawsuit against the state and the vaccine manufacturers, the judicial process in the U.S. for vaccine-injured victims of HPV and other government recommended or mandated vaccines is remarkably different, to say the least.

Under current U.S. federal law, no one can directly sue a vaccine manufacturer in civil court after a vaccine causes the injury or death of a minor child or adult.9 To understand how this came about, it is important to understand the historical context of this issue.

Back in the early 1980s, parents were filing lawsuits on behalf of their minor children who were damaged or died from reactions to the diphtheria-tetanus-pertussis (DPT) vaccine and the live polio vaccine.

It was during this period when pharmaceutical companies demanded that Congress pass a law protecting them from all product liability from vaccine injuries and deaths by establishing a federal Vaccine Injury Compensation Program (VICP) to compensate vaccine-injured children.11  But with strong opposition from co-founders of  the National Vaccine Information Center (NVIC) and other consumers, the 1986 National Childhood Vaccine Injury Act preserved product liability if compensation was denied or there was evidence the drug company could have made a vaccine safer.10 

NVIC co-founder and president, Barbara Loe Fisher, said:

Parents successfully argued that, if Congress was going to give drug companies partial liability protection through the creation of a federal vaccine injury compensation alternative to a lawsuit, then language had to be written into the National Childhood Vaccine Injury Act of 1986 that protected a citizen’s right to sue drug companies when federal compensation was denied, or the company had the technological ability to make a vaccine less toxic but refused to do it. Continued civil liability was the safety net for American consumers in that law. Continued civil liability was the leverage that gave some financial incentive for drug companies to make vaccines safer and gave some political incentive for government officials to award federal compensation to the vaccine injured.”10 

Fast-forward to 2011,  in a split decision with Justices Ruth Bader Ginsberg and Sonia Sotomayor dissenting, the U.S. Supreme Court gave complete product liability protection to vaccine manufacturers and banned lawsuits against pharmaceutical companies for injuries and deaths caused by FDA licensed vaccines, even in cases of design defect. The ruling was in response to a 2005 lawsuit filed against Wyeth Inc. (now Pfizer, Inc.) and brought to the high court by the parents of Hannah Bruesewitz, who suffered encephalopathy and a residual seizure disorder after being given a third DPT shot in 1992.

Initial claims brought forth by Bruesewitz’s parents under the national VICP in 1995 were rejected driving them to file a civil court lawsuit against Wyeth, Inc. based on design defect.13 According to American Medical News, the U.S. Supreme Court stated:

The act reflects a sensible choice to leave complex epidemiological judgments about vaccine design to the [Food and Drug Administration] and the National Vaccine Program, rather than juries.12 

So, now, unlike the original National Childhood Vaccine Injury Act of 1986 that gave plaintiffs the option to sue drug companies when denied federal compensation, today Americans are restricted from suing vaccine manufacturers and instead are required to sue the Secretary of DHHS by filing a vaccine injury claim through the VICP.12

The 2011 Supreme Court ruling was a corporate bailout of vaccine manufacturers that excused the industry from any sort of accountability, leaving them with no incentive to make vaccines safer.10 The increasing number of states mandating more vaccines and restricting or removing vaccine exemptions, together with the failures of the VICP and Pharma’s total liability shield, is leading to more widespread questioning of U.S. vaccine policies and laws.  

The fact that vaccine victims in Japan (and other countries) have the legal right to hold pharmaceutical companies liable for the safety of their products in civil court and vaccine victims in the U.S. do not, is adding more fuel to the debate about vaccine safety and choice


References:

1 National Vaccine Information Center. Merck’s Gardasil Vaccine Not Proven Safe for Little Girls. NVIC Press Release June 27, 2006.
2 Mulcahy N. Japan Withdraws HPV Vaccine Recommendation for Girls–Updated. Medscape Medical News Jun. 25 2013.
3 
Hanely S, Yoshioka E, Ito Y, Kishi R. HPV Vaccination Crisis in Japan. The Lancet 2015; 385 (9987): 2571.
4 
The Tokyo Times. Side Effects in Young Girls Takes Gardasil Out From Japanese Market. The Tokyo Times.
5 
Erickson N. Japan and the HPV Controversy. Sanevax.org Apr.8, 2014.
6 
HPV Vaccine Seen Differently By Japan and the U.S. The Tokyo Times.
7 
Erickson N. HPV Vaccines: Japan Requires Disclosure of Side Effects. Sanevax.org Aug. 29, 2013.
8 
Kameda M. Victims of government-recommended cervical cancer vaccine to sue state, drug makers. The Japan Times Mar. 30, 2016.
9 
La Vigne P. Vaccine Injury Lawsuits Slow to Settlement, Sometimes Dismissed. The Vaccine Reaction Mar. 3, 2016.
10 
Fisher BL. No Pharma Liability? No Vaccine Mandates. NVIC.org Mar. 2, 2011.
11 
Holland M, Krakow R. Background on the Vaccine Injury Compensation Program. The Vaccine Epidemic 2012.
12 American Medical News. Supreme Court Upholds Vaccine Liability Shield. American Medical News Mar. 7, 2011
13 
The Supreme Court of the United States. BRUESEWITZ ET AL. v. WYETH LLC, FKA WYETH, INC., ET AL. The Supreme Court of the United States Feb. 22, 2011.

34 Responses

  1. This is good to hear. Gardasil will get more bad press and hopefully more people will reject it worldwide.

    With hindsight, though, restoring Pharma liability is not enough. We cannot expect that a government as bought as the U.S. will provide justice for those injured or killed. What is needed is the end of all vaccine mandates.

    1. I can’t believe the oversight of big pharma… allowing their vaccines in other countries, but not mandating they cannot be sued. Whoops. Bad for them, good for everyone else.

    2. And most interesting that this type of cancer is more a myth than a reality! Another Big Pharma ripoff. Wish I hadn’t studied medicine!

  2. “The act reflects a sensible choice to leave complex epidemiological judgments about vaccine design to the [Food and Drug Administration] and the National Vaccine Program, rather than juries.”

    This is so typical, how our Supreme Court, and our government in general, decide to play God.

  3. I agree. If we can’t sue than let other countries do it for us. This has gone on way to long children’s lives depend on this.

  4. Epidemiology is the issue. A government expert once testified to the effect that epidemiology is the use of science for the treatment of public health and clinical practice is the use of science for the treatment of the individual.

    The dichotomy lies in the Constitutional right to access to the courts for individuals…here the Supreme Court, possibly unknowingly since clinical science has rarely been used for evaluation of vaccine safety, in essence ruled the individuals right to redress is subjugated to a scientific means which by design cannot evaluate the clinical safety for an individual.

    The post 2010 FDA ban on inexpensive clinical screens that can diagnose vaccine reactions place the VCA at odds with both the Constitution and the SC decision.

    1. Mr. Kyle, your post is the first time I’ve heard of “inexpensive clinical screens that can diagnose vaccine reactions” and an FDA ban on them. I’d like to learn more about this. If you could post one or more reference(s) for more information, I’d appreciate it. Thanks in advance!

      1. In 2009 Lawrence Livermore Laboratories developed a Microbial Detection Array (LLMDA) capable of not only diagnosing but predicting vaccine reactions. The 3×4 inch $400.00 chip held 2.1 million probes for detection of viral nucleic acids from every sequenced virus, bacteria, protozoan and fungus and was used by a random Scottish Lab that checked commercial vaccine samples to familiarize themselves with the technology. This resulted in the emergency halting of rotavirus vaccines until VRBPAC held an emergency meeting on May 7, 2010 upon discovery that 100,000 pig circoviruses (PCV-1) contaminated each dose of the vaccine as well as the Master Vero Cell line of one manufacturer. Dr. Cheung called for long term testing of the exposed children but FDA re-released the contaminated vaccine on the grounds PCV-1 was not infectious even though it can live in human cells. PCV-1 can enter human cells during the S-phase of mitosis and duplicate as cells divided. PCV-1 and PCV-2 contaminate 75% of the trypsin currently used in vaccine production – this includes tetanus vaccines, flu vaccines, rotavirus vaccines, Cervarix and IPV. FDA then banned use of the LLMDA as a diagnostic tool and IVD rules also ban PCV-1/2 and SV-40 PCRs – eliminating a physicians ability to order the test.
        Last week at the 10th International Conference on Autoimmunity in Leipzig, Germany I suggested that this widespread contaminate which generates a lot of DNA might be the underlying cause of a variety of autoimmune diseases in that it could randomly access various cell systems, existing in what appear to be normal cells but generating excess DNA so that normal cell division would trigger an over reaction of the immune system and make it appear the body was attacking its own cells which is the definition of autoimmunity.

        I noted that a single intestinal cell containing PCV-1 replicates daily and could generate a million billion (2^50th power) cells carrying PCV-1 in 50 days…intussusception?

        Blood cells duplicate every 4 days which places any reaction way beyond the 30 day epidemiological period used by EIS to define vaccine safety.

        Several researchers from around the world expressed outrage at the FDA suppression of clinical evaluations and promised to initiate investigations along these lines. Such investigations might run afoul of Institutional Review Boards (IRBs) that control medical research and journal publications.
        IRBs, implemented to oversee human experimentation following the Tuskegee Syphilis Study, have been twisted by the powers who ran the syphilis study – Johns Hopkins, the Rockefeller Foundation and the US military (CDC`s EIS – Epidemiological Intelligence Service) – to prohibit testing on old human samples and vaccines.

        Epidemiology, like I stated is the problem in that it only deals with Public, not individual, health evaluations. The Armed Forces Epidemiological Board considered a vaccine mandatory if effective – without consideration of safety – as seen in the Francis Field Trial which was run by AFEB. Francis, Salk and John Endears all worked with AFEB.

        Epidemiological safety only means acceptable vaccine reaction levels.

        A parent is concerned with scientific safety – did that vaccine injure my child? Use of epidemiology to preclude vaccine compensation under the VCA while barring clinical testing is deception.

        Deception in human trials is acceptable under the IRB rules. Mandatory immunization, while withholding clinical evaluation, constitutes unethical human experimentation as proscribed by the Belmont Report, and its progenitor – the Nuremberg Code.

  5. Blatant example of a Country protecting Corporations and not it’s people. On top of this Jerry Brown from CA signed a Bill into law that un-vaccinated and partly vaccinated children can no longer attend school in CA. The parent’s rights have been taken away. Not to mention one of the Senator’s who proposed the Bill and fought for it, was given close to one million dollars from the pharmaceuticals for his campaign in Sacramento. Does this sound like a free country or a corrupt country?

  6. One ponders the timing between the relationships of the now released vaxxed movie, and this super aggressive push to mandate vaccines stateside. Talk about an unethical series of actions. Learn your company is about to be exposed. Respond by forcing more people to consume your product through legal mechanisms. That’s not capitalism, that’s fraud. Where are the medical ethics committees and grand juries? We The People can take down these unethical contributors, one misplaced and unethical advocate at a time.

    1. America is the land of the bought & BS! Watch the documentary on 911 “Loose Change”. You’ll see this country for what it is, sad. The simple minded will go on thinking everything is great. All ya gotta do is dig a little and you’ll see who’s really running the show in America. My son is vaccine damaged & there is nothing I can do but spread the truth. A perfect child ruined by our gov. It should never be about taking one for the team. I pray everyday for the state of our beloved country.

  7. Too bad the U.S. Government and FDA don’t care about us like the Japanese government cares about their own people.

  8. I BELIEVE MANY VACCINES ARE TAINTED FOR BETTER CONTROL OF THE WORLD. YOU CAN THANK THE CORRUPTED LIBERALS FOR THIS. THEY WANT LESS PEOPLE AND ANOTHER EXCUSE TO ASK FOR MORE MONEY TO BANKRUPT THIS COUNTRY. JUST GET RID OF THE FOREIGNERS BRING DISEASE TO OUR COUNTRY AND CLOSE THE BORDERS.

  9. Do not think for one minute that the Japanese government is any better, and actually cares for its citizens. Look at the devastation in Fukushima, and government officials telling people it’s fine to go back, no problem to live with a little radiation. When your child gets cancer several years down the line, how do you prove what caused it?

    1. Indeed the Japanese gov does care more for its people! I moved here last year with my Japanese wife and four children because of the way our son with Down syndrome was treated in the US. Schooling and services and support here for our son make the US look terrible! Thank God my son with Down syndrome has a Japanese passport! And the gov here does take better care of its people generally. People are their only natural resource 🙂

  10. Gov’t has been taken over. Foreign interests. Listen to INFOWARS.COM and become an info warrior from the lies that lamestream media (gov’t run media) is forcing people to believe.

    Obamaun care is all about FORCING vaccinations and fining people who do not participate.

    Currently…Colorado votes went to GLOBALIST Ted Cruz WITHOUT THE PEOPLE OF COLORADO EVEN VOTING!!!!! The globalist masters are making it so Trump doesn’t get enough delegates and they will ASSIGN who they want no matter what the people want.

    Vaccines are nothing more than a eugenics program to cull the population.

    I don’t even give my dogs vaccinations.

  11. Put a bullitte in the owner of big pharma companies if ur kid gets hurt if my daughter is hurt by forced shots some one is dead GO TRUMP AND START PROTECTING UR RIGHTS AND DEFEND UR FAMILY WITH EXTREME PREJUDICE amen

  12. The MMR had been around longer than my 58 years and I received it between 15 & 18 months, so unless the ingredients in the MMR* have changed, autism wasn’t the issue. The bigger issue is over-vaccination and especially at birth! A newborn does NOT need ANY vaccine for Hepatitis B or C (unless the mom was a drug user or tested positive or leads a risky lifestyle). A newborn does NOT need a flu or chickenpox (varicella) vaccine at birth because their immune system is not developed enough. The risk of injury from the vaccine outweighs the effects of being exposed to chicken pox or the flu. *(some Pharmas are more ethical than others in their MMR ingredients-get the name of the Co. from your Doc of the MMR he is using-do some research). I apologize to the Japanese people on behalf of America for our government’s corruption! Guardasil failed in America to be mandated as a vaccine due to studies that showed it was dangerous. May our Lord Gid bless & heal all those that are injured. Please read 1 John 5:14,15 & James 5:15. Amen

    1. Carrie, the ingredients of MMR vaccine did change, about 1979. Prior to then, MMR vaccine was manufactured using animal cell lines. In about 1979, MMR vaccine used in the U.S. was switched from animal cell line vaccine to human fetal cell line vaccine. There was a dramatic increase in autism incidence that accompanied this change; another dramatic increase in the late 1980’s when a big government campaign greatly raised the percentage of children receiving MMR, and at the same time the recommendation was changed from one dose of MMR to two doses. There was yet another dramatic increase in autism incidence when chicken pox (Varicella) vaccine manufactured on human fetal cell lines was introduced. Hep A vaccine manufactured on human fetal cell lines also appears to contribute to autism. If you’d like to learn more about human fetal cell line vaccines and autism, google Theresa Deisher, the lead researcher on this issue.

  13. This makes me happy that Japan is going to sue them however saddens my heart for all the poor girls out there that have suffered like mine.
    My daughter is going to be 21 she received the vaccination in the US at age 12 because I trusted her doctor (and didn’t know any better at the time, I do now) about 6- 7 months later she came down with juvenile rheumatoid arthritis, fibromyalgia. She was diagnosed on New Year’s Eve and by the middle of January it was severe and got worse and worse, there were days she couldn’t walk or get out of bed, it affected every joint in her body. I knew all along it was because of this vaccination!

  14. Since Big Pharma is protected from any liability, is there any way that individual health care providers or county health departments who give the vaccines can be held liable? That would hopefully make them research vaccines more seriously prior to administering them.

  15. Yes Dorothy, There is;
    But it must be done by the parents, You must write a declaration of responsibility for your doctor to sign. This states that the doctor is “financially” responsible for any and all medical care for your child for the ‘rest of his or her life’, if injury to health results from his care, including any and all medications administered by his office. Any doctor who signs it, will be overtly cautious when it comes to your child. And any doctor who does not sign, leave his office and find a new one.

  16. Hpv is a cytotoxic (DNA) virus. It cannot cause cancer. Thats why the vaccine is a hoax. RNA viruses, also known as associated or passenger virus, are harmless. Thats why HIV is a hoax. Cancer and DNA virus are not compatible.

    Read:
    Inventing the AIDS Virus – by Peter Duesberg
    And Dr. Suzanne’s book Dissolving Illusions – Vaccines and the Forgotten History.

  17. DC and state governments are corrupt with lies of deceipt and deception.
    We, individually, must be responsible for our health and lives!
    We must have freedom to choose to “Do No Harm” without recrimination.
    Our government knows that one in 100,000 will be injured by vaccines! They allow and pay millions of dollars from this vaccine injury act fund ( $1 from each vaccine ) after winning highly contested claims.
    Only the parents who ignorantly,& unknowingly allow vaccinations accept the lies. Simply knowing the ingredients of most vaccinations would cause any rational adult to, minimally, question their use.
    Ingredients: MSG, antifreeze, formaldehyde, aluminum, glycerine, lead, cadmium, sulfates, yeast, proteins, antibiotics, acetone, neomycin, streptomycin, Mercury, monkey kidney, dog kidney, chick embryo, chicken egg, duck egg, calf serum, aborted fetal tissue, pig blood, horse blood, sheep blood, rabbit brain, guinea pig, cow heart, etc.
    Who do you trust?????

  18. pharmacuetical

    Is criminally insane as to the changes as what that stands for
    originally
    Criminally insane, do not understand reality with the intent to harm
    Pharmaceutical was falling under this definition

    and stronger than the government,
    if not Being court ordered, bankruptcy

    pharmacuetical is going for the gun on population

  19. Cochrane recently put out a report in which it accuses the European Medicines Agency (EMA)of serious medical misconduct regarding the study design of the HPV vaccine, the refusal to look into the serious side effects and the conflict of interests of its members.

    “We find it unacceptable that the EMA in its official report (2) did not make it clear that it allowed the drug companies to be their own judges (4) when evaluating whether the vaccine is safe, particularly since there is a huge amount of money at stake: The global expenditure so far on HPV vaccines can be roughly estimated at €25 billion. The EMA asked the companies to search for side effects of the vaccine in their own databases and did not check the companies’ work for accuracy. This is not an acceptable procedure. There are countless examples of drug companies hiding serious – even lethal – harms from the authorities (6) (see also under “8. Brinth” below).

    Brinth: The EMA’s question 2 to the companies ”does not make any sense to me: If both the “vaccine group” and the “control group” received aluminium adjuvanted “placebo” or another aluminium adjuvanted vaccine as “placebo” – how does it make sense to ask the company to only discuss potential explanations including risk factors for the development if a difference is observed? By asking this question – I find that EMA actually states and take for granted that we know with a very high degree of certainty that we will not see side effects due to the adjuvant?” (2, p37).
    We agree with Brinth. In all the vaccine trials apart from a small one, the “placebo” contained aluminium adjuvant, which is suspected of being neurotoxic. It is therefore difficult to find a difference between harms of the vaccine and the “placebo,” but the EMA failed to address this fundamental problem in its official report (2). It is clear from the EMA’s internal report (4) that the MAHs simply lumped the results from trials with a genuine placebo with those that had a potentially neurotoxic “placebo”
    http://nordic.cochrane.org/sites/nordic.cochrane.org/files/uploads/ResearchHighlights/Complaint-to-EMA-over-EMA.pdf

  20. Victims suffering side effects from cervical cancer vaccines that were once recommended by the government announced Wednesday they will file a lawsuit against the state and drugmakers.

  21. To me….laws made for the convenience of corporations are worth the paper its written on. So what! Take your pitchfork out and hang the bastards and see whether or not the govt will change their minds. People will not stand for genocide of its children! As far as I know corporations can be sued and that’s that.

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