Following a 1977 Immunization Conference which called for a “no-fault” compensation system, on the back of manufactures facing increasing lawsuits, California’s Democrat Representative Henry Waxman introduced (for the second time) a bill to congress, which on October 14, 1986 was passed, and the National Childhood Vaccine Injury Act (NCVIA), HR5546, was then signed into law “with mixed feelings”, [6] by President Ronald Reagan, “as part of a larger health bill on November 14, 1986″ [1, 4, 5]
Vaccine manufacture Wyeth (now Pfizer) allegedly told President Reagan that vaccines are “unavoidably unsafe” and that phrase is written in the preamble of the VICP statute, this phrase was reiterated in 2011 Supreme Court ruling. [9, 10]
The National Childhood Vaccine Injury Act of 1986 (PL 99-660) established the [13]:
- National Vaccine Program (NVP) Office in 1986 – to coordinate R&D
- Vaccine Injury Compensation Program (VICP) – est 1988. The law established a Vaccine Injury Table [12]
- Noteworthy, in 1988 the Center for Biologics Evaluation and Research (CBER) was created within the FDA to regulate vaccines
- National Vaccine Advisory Committee (NVAC)
- Vaccine Adverse Events Reporting System (VAERS)
- Mandated a 6-month supply of vaccines
The Department of Health and Human Services (HHS) then established the Vaccine Adverse Event Reporting System (VAERS), co-administered by FDA and CDC, to accept all reports of suspected adverse events, in all age groups, after the administration of any U.S.-licensed vaccine. The 1986 Act “required healthcare providers and vaccine manufacturers to report to the Department of Health and Human Services specific adverse events” following the administration of all vaccines. [2]
In the US “before 1985, the recommended immunization schedule included only seven vaccines” by 4 months of age: measles, mumps, rubella, (MMR), oral polio (OPV), diphtheria, tetanus and pertussis (DTP) vaccines were given plus Td at 15 years (5 jabs, 24 doses & 4 oral). By 2016 the schedule increased to 74 doses, 53 injections and 3 oral vaccines. [3]
The Institute of Medicine in their 2013 report [11] of the “first… attempt to examine the entire childhood immunization schedule” acknowledged that “Studies designed to examine the long-term effect of the cummulative number of vaccines or other aspects of the immunization schedule have not been conducted” [11]
The NCVIA removed all legal liability (and incentives to create safe vaccines) from manufactures for vaccine injury or death. The government (tax payer) became liable for vaccine injury payouts made through “Vaccine Court” which was created in 1988.
Dr Malone states this Act “has created an incentive structure with the familiar problem of coupling private profit to public risk, and has resulted in widespread corruption of both FDA/CBER and CDC.”
Australia uses many vaccines manufactured off-shore and the TGA use international regulators such as the FDA. Australian doctors refer to the CDC website for vaccine guidance.
In the years following the Act, (1988-2017) journal articles and patent applications for vaccines has increased substantially in the face of no legal liability. [7, 8]
Barbara Loe Fisher, a pioneer of the Vaccine Injury Awareness movement, was intemately involved in the initial bill, which immediately after it was passed, it was altered and removed the clauses that parents demanded! – INTERVIEW [14]