Military Anthrax Vaccine Cases
Oregon Oregon Vaccine Education and Prioritization Plan
Text of the Federal 1813 vaccination agent act, appointing a vaccination agent to preserve the genuine vaccine matter and allowing it to be sent through the post for free.
Vaccine Agent Act of 1813 - This law created federal vaccine agents to assure a supply of safe smallpox vaccine. It was soon abandoned.
Court upholds FDA certification of anthrax vaccine - Rempfer v. Sharfstein, --- F.3d ----, 2009 WL 3076118 (D.C.Cir. Sep 29, 2009) - good discussion of the standard for reviewing an agency determination of a factual or scientific matter.
The Autism Decisions
Master's decision rejecting vaccines as a cause of autism - Snyder ex rel. Snyder v. Secretary of Health and Human Services, 88 Fed.Cl. 706, Fed.Cl., August 11, 2009 (NO. 01-162V) (appeal)- Cedillo v. Secretary of Health and Human Services, Not Reported in Fed.Cl., 2009 WL 331968, Fed.Cl., February 12, 2009 (NO. 98-916V) (appeal) - Hazlehurst ex rel. Hazlehurst v. Secretary, Dept. of Health & Human Services, 88 Fed.Cl. 473, Fed.Cl., July 24, 2009 (NO. 03-654V) (appeal)
Mead v. Secretary of Health and Human Services Case No. 03-215V, King v. Secretary of Health and Human Services Case No. 03-584V, Dwyer v. Secretary of Health and Human Services Case No. 03-1202V, US Federal Court of Claims, March 12, 2010 [rejecting three compensation actions brought in a coordinated omnibus proceeding by families of autistic children who had argued that their children's autism was induced by vaccines containing mercury-laden thimerosol.
Court approves FDA review of anthrax vaccine, allows military to continue vaccinations - Rempfer v. Eschenbach, Civil Action No. 06-2131, District Court, DC (February 29, 2008)
Good analysis of liablity for oral polio vaccines - Graham v. American Cyanamid Co., 350 F.3d 496, 2003 Fed.App. 0423 (6th Cir. 2003) - for related cases, see Physician fails in emotional distress claiming against drug manufacturer for injury to patient - Fetick v. American Cyanamid Co., 38 S.W.3d 415 (Mo. 2001), Causation in medical malpractice cases (vaccine) - Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852 (Mo. 1993), and Establishing duty under the FTCA (polio vaccine) - United States v. St. Louis University, 336 F.3d 294 (4th Cir. 2003)
Plantiff must file vaccine comp act claim before filing tort claim - McDonald v. Lederle Laboratories, 341 N.J.Super. 369, 775 A.2d 528 (N.J.Super.App.Div. 2001) (also has a good review of the National Childhood Vaccine Injury Act)
Physician's Duty to Warn of Possible Vaccine Injuries - Tenuto v. Lederle Laboratories, Div. of American Cyanamid Co., 90 N.Y.2d 606, 687 N.E.2d 1300, 665 N.Y.S.2d 17 (N.Y. 1997)
Good review of religious exceptions to mandatory vaccinations - Matter of Christine M., 157 Misc.2d 4, 595 N.Y.S.2d 606 (N.Y.Fam.Ct. 1992)
CDC Assumes Liability for Warning of Vaccine Side-effects - Mazur v. Merck & Co., 964 F.2d 1348 (3rd Cir. 01-23-1992)
Governmental Liability for Rabies Contracted by Lab Worker - Andrulonis v. United States, 924 F.2d 1210 (2nd Cir. 01-28-1991)
Governmental Immunity and Discretionary Authority - Berkovitz by Berkovitz v. U.S., 486 U.S. 531 (1988) - Governmental liability for improperly certifying polio vaccine.
Compensation for failing to warn about risk of smallpox vaccination to immunosuppressed child - Rozier v. Department of Public Health, 161 Mich.App. 591, 411 N.W.2d 786 (Mich.App. 1987)
Liability for Swine Flu Vaccine - Unthank v. United States, 732 F.2d 1517 (10th Cir. 1984)
Good collection of cases on workers compensation for vaccinations and preventive treatment - Maher v. Workers' Compensation Appeals Board, 33 Cal. 3d 729, 661 P.2d 1058, 190 Cal. Rptr. 904 (Cal. 1983)
Inadequate warning for Sabin polio vaccine - follows Reyes - Givens v. Lederle, 556 F.2d 1341 (5th Cir. 1977)
Court Rejects Nurses as Learned Intermediaries for Mass Immunizations - Reyes v. Wyeth Laboratories, 498 F.2d 1264 (5th Cir. 07-31-1974)
Mass Immunization Exception to the Learned Intermediary Defense - Davis v. Wyeth Laboratories, Inc., 399 F.2d 121 (9th Cir.(Idaho) Jan 22, 1968)
State Court Reaffirms Rejection of Religious Exception to Vaccination of a Child - Wright V. Dewitt School District, 238 Ark. 906, 385 S.W.2d 644 (Ark. 1965)
State Court Rejects Religious Objection to Child's Vaccination - Cude v. State, 237 Ark. 927, 377 S.W.2d 816 (Ark. 1964)
Early Vaccine Injury Case - Cutter Incident Vaccine - Gottsdanker v. Cutter Laboratories, 182 Cal.App.2d 602, 6 Cal.Rptr. 320, 79 A.L.R.2d 290 (Cal.App. 1 Dist. Jul 12, 1960)
Insurer must pay accidental death benefit for smallpox vaccine injury - Korfin v. Continental Casualty Co., 74 A.2d 312, 5 N.J. 154 (N.J. 1950)
Smallpox vaccine injury from workplace vaccination is covered by worker's compensation - Saintsing v. Steinbach Co., 64 A.2d 99, 1 N.J.Super. 259 (N.J.Super.App.Div. 1949)
Prince v. Massachusetts, 321 U.S. 158 (1944) - Supreme Court finds child protection laws, including vaccination, supersede parental religious freedom.
Injury from smallpox vaccine administered by employer is covered by worker's compensation - Neudeck v. Ford Motor Co., 249 Mich. 690, 229 N.W. 438 (Mich. 1930)
Was the health department given the authority to exclude unvaccinated childern from school? - Burroughs v. Mortenson, 143 N.E. 457 (Ill. 1924)
Public schools may exclude unvaccinated students - Zucht v. King et al., 260 U.S. 174 (1922)
Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905) - Classic public health police power case involving the right of the state to require smallpox vaccination.
Viemeister v. White, 179 N.Y. 235, 72 N.E. 97 (1904) - Schools may exclude unvaccinated students
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