Thread: 60 Lab Studies Now Confirm Cancer Link to a Vaccine You Probably Had as a Child

60 Lab Studies Now Confirm Cancer Link to a Vaccine You Probably Had as a Child




For starters, the HPV vaccine Gardasil, which is being vigorously pushed on unsuspecting young girls and women to theoretically guard against cervical cancer still has never been proven to actually prevent cancer. On the contrary, evidence suggests that under certain circumstances the vaccine increases your risk of pr...ecancerous lesions by nearly 45 percent, and an ever increasing number of girls are being seriously injured by this unnecessary vaccine.

As of December 13, 2010, 20,915 adverse reactions had been reported in the United States alone, including 89 deaths, 297 miscarriages or stillbirths, and 370 reports of abnormal pap smears post vaccination.

All of this from a vaccine that has only been on the market for four years!

Making matters worse, as of 2009 the US FDA approved Gardasil for use on young boys as well, and the first male death has also been reported. In September of last year, a young boy died just eight days after being vaccinated with Gardasil.

So what's going on here?

Is it possible that vaccines sold by drugmakers like Merck are causing lethal disease? Judging by history, the answer may be yes.

Contaminated Polio Vaccine Responsible for Human Cancer Cases

In 2002, the journal Lancet published compelling evidence that contaminated polio vaccine was responsible for up to half of the 55,000 non-Hodgkin's lymphoma cases that were occurring each year.

What was it contaminated with?

SV40, a cancer-causing monkey virus. The puzzle began in 1994, when Dr. Michele Carbone, a Loyola University researcher, found the virus SV40, which had never before been detected in humans, in half of the human lung tumors he was studying. Since then, 60 different lab studies have confirmed the results, and SV40 has been found in a variety of human cancers, including lung-, brain-, bone-, and lymphatic cancer.

At first no one could fathom how the virus had been transmitted into the human population.

But in the censored interview with Dr. Maurice Hilleman above, Hilleman admits Merck's responsibility in unleashing this virus via their polio vaccine, as well as the likelihood that there was an importing and spreading the AIDS virus in the same manner.

Just Who is Dr. Maurice Hilleman?

Now, for those of you who may think Dr. Hilleman was just another crackpot (he passed away in 2005), think again. He was, and still is, the leading vaccine pioneer in the history of vaccines. He developed more than three dozen vaccines—more than any other scientist in history—and was the developer of Merck's vaccine program.

He was a member of the U.S. National Academy of Science, the Institute of Medicine, the American Academy of Arts and Sciences, and the American Philosophical Society, and received a special lifetime achievement award from the World Health Organization.

When he was chief of the Department of Respiratory Diseases with what's now the Walter Reed Army Institute of Research, he discovered the genetic changes that occur when the influenza virus mutates, known as shift and drift. He was also one of the early vaccine pioneers to warn about the possibility that simian viruses might contaminate vaccines.So Dr. Hilleman knew what he was talking about. And in his own words, "vaccines have to be considered the bargain basement technology for the 20th Century."

Vaccines Can Cause the Very Disease They're Meant to Prevent, and Worse

For years, researchers suggested that millions of vials of polio vaccine, contaminated with SV40, infected individuals between 1953 and 1963 and caused human tumors, and by 1999, molecular evidence of SV40 infections were showing up in children born after 1982. Some experts now suggest the virus may have remained in the polio vaccine until as late as 1999.

Still, the FDA and health authorities turned a blind eye.

In addition, just like Gardasil may well increase your risk of cervical cancer rather than reduce it, the live polio vaccine has also been found to cause polio. And, in rare instances the virus in the vaccine has even been known to mutate into a much deadlier version. As reported by MSN News in 2009, genetic analysis has proven such mutated viruses have caused at least seven separate outbreaks in Nigeria.

According to the CDC the last case of wild polio in the US—meaning polio caused naturally and not due to the live polio vaccine—occurred in 1979. From 1980 through 1999, there were NO wild polio cases in the US. Instead we had 144 cases of vaccine-associated paralytic polio (VAPP) caused by live oral polio vaccine.

Polio outbreaks in Haiti and the Dominican Republic in 2002 were also traced back to a strain of oral polio vaccine (OPV) that mutated back to virulence.

According to a report by Neil Z. Miller of the Global Vaccine Institute, the live polio virus from the vaccine can remain in your throat for one to two weeks and in your feces for up to two months. So not only is the vaccine recipient at risk, but he or she can potentially spread the disease to others.

In 1999, the Advisory Committee on Immunization Practices (ACIP) recommended that the United States replace the live-virus vaccine with an inactivated "killed" virus vaccine, which is what remains in use today. However, the inactivated polio virus vaccine has not been without its share of serious side effects either.

Rotavirus Vaccine Contaminated with Pig Virus

Last year, the US FDA suspended the rotavirus vaccine Rotarix after an independent lab discovered it was contaminated with "a substantial amount" of DNA from the porcine circovirus. In pigs, this virus causes poor growth, weight loss, weakness, enlarged lymph nodes, skin rashes, difficulty breathing, jaundice, stomach ulcers, and sudden death.

As expected, both the FDA and GlaxoSmithKline spokespeople stated that the contaminated Rotarix vaccine carried no known human health risks. However, this is easy to say since there are no studies to confirm or deny a link between these viruses and human disease.

In the case of the polio vaccine, the link between the SV40 virus and human cancer wasn't discovered until 40 years later! It is actually surprisingly common for vaccines to contain various animal matter, including foreign animal tissues containing genetic material (DNA/RNA).

Once the Rotarix contamination was discovered, new technology was used to test eight infectious attenuated viral vaccines, and in addition to Rotarix, two others contained "unexpected viral sequences":

A measles vaccine was found to contain low levels of the retrovirus avian leukosis (AVL) virus—a virus known to cause cancer in chickens. This despite the fact that vaccine manufacturers have been required to use eggs from leucosis-free stocks for over 40 years.
Rotateq, Merck’s rotavirus vaccine, was found to contain a virus similar to simian (monkey) retrovirus—the SV40 virus previously linked to human cancer.
Are you willing to bet that they a) know what they're talking about, and b) are telling the whole truth and nothing but the truth about the potential health dangers of all these vaccines?

HPV Vaccine Now Routine for Boys as Well...

So far, very few parents have voluntarily lined up their sons for the HPV vaccine, but that may soon change. As reported by Paging Dr. Gupta, the American Academy of Pediatrics' 2011 schedule of recommended routine vaccines for children and teens now includes the HPV vaccine for boys aged 9-18 as well.

Folks, this is a disaster in the making. I shudder to think about the statistics we'll see in a few years if parents fall for this nonsense.

I urge you to consider the risks already revealed in the four short years since Gardasil came on the market. Already, there are close to 21,000 reported incidents of adverse effects and death, despite the fact that only two out of every 10 women in the approved age group have gotten the vaccine so far.

Add to this the fact that an estimated 90 to 99 percent of all adverse effects are never reported, and the abnormally large risks of the HPV vaccine compared to other vaccines should give most people reason to pause.

Although the FDA ultimately dismisses all side effects, including deaths, as being within the norm, even they have stated that:

"In VAERS, a higher proportion of Gardasil reports were of syncope [fainting] and VTEs [venous thromboembolic events] compared with other vaccines."

And according to the National Vaccine Information Center, the incidents of miscarriage and still birth events from Gardasil supersede the same event from all other vaccinations.

According to a recent Sane Vax press release on PR Log:

"There is no doubt the vaccine's safety and efficacy has not been thoroughly investigated. And independent investigation on the safety and efficacy of the HPV vaccines, Gardasil and Cervarix must be conducted before there are more injuries and deaths."

What's most frustrating about this is that not a single one of these 21,000 children and young women needed to be harmed or die.

Why?

There are still outstanding questions about whether HPV is or is not the direct cause of cervical cancer. The FDA knows there are many other co-factors involved with the development of cervical cancer, and as of 2003 acknowledged that "most infections (by HPV) are short-lived and not associated with cervical cancer." The same news release also states that "with proper screening, cervical cancer is avoidable, and if caught early, curable."

In essence, three years before the HPV vaccine came upon the scene, they knew that what was needed—if anything—was simply improved screening methods, such as regular pap smear testing for girls and women that are far less risky than getting an HPV shot.

Interestingly, and disturbingly, routine pap smears have DECLINED, coinciding neatly with the release of the HPV vaccine. Between 2007 and 2010, cervical cancer screening rates declined by nearly 7 percent, the New York Times reported in December of last year.

When you consider that the HPV vaccine increases your risk of cancer if you're already infected with certain types of HPV, this is a double-whammy of bad news since rarely, if ever, are girls and women given HPV pap screening before they get an HPV shot.

It's all madness! Not only is the HPV vaccine is one of the most unnecessary vaccines on the market, it is also the most dangerous! And now they want to unleash it on young boys, and they're trying to get it approved for older women as well.

Weighing Benefits versus Risks

Even without a potential contamination scare, there are serious risks to every vaccine. The HPV vaccine is a perfect example. So before vaccinating you really need to be certain that the benefits will outweigh those risks.

In the case of Rotarix, along with RotaTeq (a similar vaccine made by Merck), the benefits are very questionable, especially if you live in the United States or another developed country. Typically, when a child in the United States contracts rotavirus, and most do in infancy and early childhood, all that is required is lots of rest, good nutrition and plenty of fluids to prevent dehydration from diarrhea. This infection also provides natural immunity that will protect your child for life.

Along with showing little benefit for a disease that is typically entirely treatable with fluids and rest, a recent drug review by the FDA found that Rotarix is associated with an increase in pneumonia-related deaths in children, compared to a placebo.

So with this particular vaccine, children living in developed countries like the US are potentially taking on serious risks with what appears to be very little benefit -- and that was before the contamination was uncovered.

In the case of the HPV vaccine (Gardasil and Cervarix) the choice is clear. It has a high rate of risk and the potential benefits are unproven:

In more than 70 percent of cases, HPV clears up on its own within a few weeks or months. In over 90 percent of cases, it's gone within two years, causing no symptoms or disease.

Only about 26 percent of girls and women ages 14 to 59 have been exposed to any HPV strain at all; and

Only 2 percent have been exposed to strains 16 or 18 – the two that Gardasil and Cervarix protect against – meaning this vaccine is completely unnecessary because HPV infection very rarely leads to cancer.

Women whose partners wore condoms during vaginal intercourse are 70 percent less likely to become infected with HPV. That's a FAR greater level of protection than you can get from this vaccine!

For more in-depth information about the HPV vaccine along with the top 10 reasons why you don't need it, please see this previous article.

The moral of the story?

Do your homework before subjecting your children to any vaccine. A great way to get started is to simply use the Search Feature at the top of each of my Web pages and search my site as it contains a litany of research on vaccine safety, and the lack thereof. The National Vaccine Information Center (NVIC) also provides well-referenced information on vaccines and diseases, such as HPV, rotavirus and polio.

Leading Vaccine Doctor States Cancer Linked to Polio Vaccine

Merck vaccine fraud exposed by two Merck virologists; company faked mumps vaccine efficacy results for over a decade, says lawsuit





Mike Adams, the Health Ranger

(NaturalNews) Breaking news: According to two Merck scientists who filed a False Claims Act complaint in 2010 -- a complaint which has just now been unsealed -- vaccine manufacturer Merck knowingly falsified its mumps vaccine test data,... spiked blood samples with animal antibodies, sold a vaccine that actually promoted mumps and measles outbreaks, and ripped off governments and consumers who bought the vaccine thinking it was "95% effective."

See that False Claims Act document at:
www.naturalnews.com/gallery/documents/Merck-False-Claims-Act.pdf

According to Stephen Krahling and Joan Wlochowski, both former Merck virologists, the Merck company engaged in all the following behavior:

• Merck knowingly falsified its mumps vaccine test results to fabricate a "95% efficacy rate."

• In order to do this, Merck spiked the blood test with animal antibodies in order to artificially inflate the appearance of immune system antibodies. As reported in CourthouseNews.com:

Merck also added animal antibodies to blood samples to achieve more favorable test results, though it knew that the human immune system would never produce such antibodies, and that the antibodies created a laboratory testing scenario that "did not in any way correspond to, correlate with, or represent real life ... virus neutralization in vaccinated people," according to the complaint. (http://www.courthousenews.com/2012/06/27/47851.htm)

• Merck then used the falsified trial results to swindle the U.S. government out of "hundreds of millions of dollars for a vaccine that does not provide adequate immunization."

• Merck's vaccine fraud has actually contributed to the continuation of mumps across America, causing more children to become infected with mumps. (Gee, really? This is what NaturalNews has been reporting for years... vaccines are actually formulated to keep the outbreaks going because it's great for repeat business!)

• Merck used its false claims of "95 percent effectiveness" to monopolize the vaccine market and eliminate possible competitors.

• The Merck vaccine fraud has been going on since the late 1990's, say the Merck virologists.

• Testing of Merck's vaccine was never done against "real-world" mumps viruses in the wild. Instead, test results were simply falsified to achieve the desired outcome.

• This entire fraud took place "with the knowledge, authority and approval of Merck's senior management."

• Merck scientists "witnessed firsthand the improper testing and data falsification in which Merck engaged to artificially inflate the vaccine's efficacy findings," according to court documents (see below).

US government chose to ignore the 2010 False Claims Act!
Rather than taking action on this false claims act, the U.S. government simply ignored it, thereby protecting Merck's market monopoly instead of properly serving justice. This demonstrates the conspiracy of fraud between the U.S. government, FDA regulators and the vaccine industry.

Chatom Primary Care sues Merck for Sherman Act monopolization, breach of warranty, violation of consumer protection laws
Following the unsealing of this 2010 False Claims Act, Chatom Primary Care, based in Alabama, smelled something rotten. Three days ago, Chatom filed a lawsuit against Merck. That lawsuit record is available here:
www.naturalnews.com/gallery/documents/Chatom-Lawsuit-Merck-Mumps.pdf

It alleges, among other shocking things:

[Merck engaged in] ...a decade-long scheme to falsify and misrepresent the true efficacy of its vaccine.

Merck fraudulently represented and continues to falsely represent in its labeling and elsewhere that its Mumps Vaccine has an efficacy rate of 95 percent of higher.

In reality, Merck knows and has taken affirmative steps to conceal -- by using improper testing techniques and falsifying test data -- that its Mumps Vaccine is, and has been since at least 1999, far less than 95 percent effective.

Merck designed a testing methodology that evaluated its vaccine against a less virulent strain of the mumps virus. After the results failed to yield Merck's desired efficacy, Merck abandoned the methodology and concealed the study's findings.

...incorporating the use of animal antibodies to artificially inflate the results...

...destroying evidence of the falsified data and then lying to an FDA investigator...

...threatened a virologist in Merck's vaccine division with jail if he reported the fraud to the FDA...

...the ultimate victims here are the millions of children who every year are being injected with a mumps vaccine that is not providing them with an adequate level of protection. And while this is a disease that, according to the Centers for Disease Control ('CDC'), was supposed to be eradicated by now, the failure in Merck's vaccine has allowed this disease to linger, with significant outbreaks continuing to occur.

Chatom Primary Care also alleges that the fraudulent Merck vaccine contributed to the 2006 mumps outbreak in the Midwest, and a 2009 outbreak elsewhere. It says, "there has remained a significant risk of a resurgence of mumps outbreaks..."

This investigation is only beginning
NaturalNews has only begun to investigate this incredible breaking news about Merck and the vaccine industry. We are pouring through the court documents to identify additional information that may be relevant to this case, and we plan to bring you that information soon.

For the record, Merck denies all allegations. Is anyone surprised?

Learn more: Merck vaccine fraud exposed by two Merck virologists; company faked mumps vaccine efficacy results for over a decade, says lawsuit

Merck drug company admits injecting cancer viruses in vaccines




LiveLeak.com - Merk drug company vaccines admits injecting cancer viruses See video here

Yes, cancer is spread through Cancer Viruses before you say it is wrong read it here:
... Cancer Viruses

This stunning censored interview conducted by medical historian Edward Shorter for WGBH public television (Boston) and Blackwell Science was cut from The Health Century due to its huge liability--the admission that Merck drug company vaccines have traditionally been injecting cancer viruses (SV40 and others) in people worldwide.

This segment of In Lies We Trust: The CIA, Hollywood & Bioterrorism, produced and freely contributed by consumer protector and public health expert, Dr. Leonard Horowitz, features the world's leading vaccine expert, Dr. Maurice Hilleman, who explains why Merck's vaccines have spread AIDS, leukemia, and other horrific plagues worldwide.

Please forward this clip (link) to everyone you know who thinks vaccines are "safe and effective."

Here is a youtube link to
VACCINES HAVE CANCER VIRUSES, Dr. Leonard Horowitz

https://www.youtube.com/watch?v=_kvC...ature=youtu.be

Why you need to know about the Coalition for Mercury-Free Drugs (CoMeD)



Monday, January 14, 2013 by: Ethan A. Huff, staff writer

(NaturalNews) Though they continually try to deny that the mercury and mercury-based components added to many medicines and vaccines are toxic to humans, mainstream medical authorities are having a much more difficult time these days defending their distorted position ...against sound science. One of the groups responsible for bringing this continually emerging science to light and pushing for real change is the non-profit advocacy group Coalition for Mercury-Free Drugs, also known as CoMeD.

Over the years, we have covered a number of stories here at NaturalNews that address the dangers of mercury which, contrary to popular belief, is still added to multi-dose vial influenza shots and various other vaccines commonly administered to young children (Natural health news). All this time, CoMeD has been on the front lines trying to raise awareness about the presence of mercury in vaccines, as well as urging lawmakers and other appropriate authorities to protect our children by taking action against the continued use of mercury in modern medicine.

"We recognize that organic mercury-based compounds are a proven neurotoxic risk to susceptible men, women, and children at levels below 1 part per billion (1 part in 1,000,000,000)," explains CoMeD on its website about the group's core values. "We seek a world in which no mercury-based ingredient is knowingly added to any medicine, and the ingredients used in medicines have the lowest levels of mercury that the best practical technologies afford."

Back in 1999, the U.S. Centers for Disease Control and Prevention (CDC), recognizing the inherent neurotoxic effects of mercury exposure, actually made recommendations that the adjuvant preservative known as Thimerosal, which is about 50 percent mercury, be completely removed from vaccines. But the agency's public petition fell on deaf ears, as today the neurotoxin continues to be added to vaccines (Multiple studies link autism to mercury, which is still present in most flu vaccines).

"We have scientific studies clearly demonstrating that mercury causes neurological damage, and we have a cost-effective alternative that has already been used to replace Thimerosal as the preservative in vaccines," explains Dr. Paul G. King, Ph.D., a science adviser to CoMeD.

CoMeD working to ban mercury globally
CoMeD is also involved with efforts at the global level to ban mercury from all vaccines and medicines worldwide, a topic of discussion at the upcoming Intergovernmental Negotiating Committee to prepare a global legally binding instrument on mercury (INC5), which will take place in Geneva, Switzerland, from January 13-18, 2013. If such efforts are a success, U.N. member nations would be restricted from further using mercury in medicine and vaccines (http://www.bolenreport.com/Mark%20Geier/vaccine%20industry%20panic.htm).

"No vaccine should be used as a delivery system for an undisclosed poison, for this is a denial of the right of informed consent and of the medical directive to do no harm," explained Rev. Lisa K. Sykes, President of CoMeD, to members at INC4 back on June 29, 2012. Rev. Sykes' son Wesley became permanently disabled when she received a mercury-containing vaccine while still 28 weeks pregnant with him (http://mercury-freedrugs.org/)

To learn more about the important work of CoMeD in getting mercury removed from vaccines and medicine, visit:
http://mercury-freedrugs.org/

Learn more: Why you need to know about the Coalition for Mercury-Free Drugs (CoMeD)

Italian Court Rules MMR Vaccine Causes Autism




We present here a professional medical translation of the full text of the decision of the Italian Court of Rimini holding that the MMR vaccine causes autism in children. First a few observations.

The MMR vaccines used in Italy prior to 2007 were is Merck’s MMR II, GSK’s Priorix and Morupar, from Chiron [until the latter was withdrawn urgently on sh...ort notice by W.H.O. because it was unsafe. Morupar is a Urabe mumps virus strain containing vaccine, which is the type abandoned unilaterally and urgently in the UK in September 1992 by the manufacturer [a GSK company] for legal reasons because of the high levels of all kinds of adverse reactions it causes. It was done so urgently that the UK’s Department of Health was not even given a week to break the news. However, the kind of MMR vaccine Hannah Poling in the US received with 8 other vaccines on the same day would have been Merck’s MMR vaccine containing the Jeryl Lynn strain of mumps virus. [US Government In US$20 million Legal Settlement For Vaccine Caused Autism Case] https://childhealthsafety.wordpress.com/2010/09/21/us20m-hannah-poling-vaccine-autism-case/

And here is the key part of the Italian Court’s judgement:

The medicolegal and auxilary medicolegal assessments must be conducted according to their merits, which, on the basis of an in depth examination of the case in the light of the specialist literature to date, has conclusively established that the young child is suffering from AUTISTIC DISORDER ASSOCIATED WITH MEDIUM COGNITIVE DELAY ascribed with reasonable scientific probability due to the administration of the vaccine MMR occurring on the date 26\3\2004 at the ALS of Riccione

It should also be acknowledged that the auxiliary evaluation pursuant to the Medical Commission has expressed the view that there is a permanent impairment of physical and mental integrity established, ascribed to the first category of Table A, attached to the DPR 30 \ 12 \ 81 n.834.

Now a further point to be made is that in common law jurisdictions like England, Australia, Canada and the USA and many more, a finding of fact by a Court of first instance is extremely difficult to overturn except in the case of manifest error or some other factor like fraud.

Additionally, it appears the judgement of the Italian Court was by consent, which also appears to mean 1) the Italian health authorities did not contest the findings and 2) they cannot appeal. If a qualified Italian lawyer might like to comment here on CHS on whether that is a correct intepretation of the judgement that would be appreciated. The relevant part of the judgement is:

The case, informed through the production of documents and the testing of medical-legal advice, was discussed at today’s public hearing as a consent decree.

The English translation provided here has been kindly provided by Dr JLM Donegan.

Dr Donegan is the only English medical practitioner whose advice on vaccination issues has been found in a three week UK General Medical Council legal trial in August 2007 to the standard of beyond a reasonable doubt to be based on valid medical and scientific literature, not to be misleading and unaffected by any personal views Dr Donegan may hold – in other words Dr Donegan’s advice is independent, objective and unbiased. The findings in the case were most unusual. Instead of finding that the GMC prosecution’s case was not proven, the hearing panel made a positive finding and found in Dr Donegan’s favour to the standard of beyond a reasonable doubt that her defence was proven.

More information can be found here:

UK’s GMC, Dr Jayne Donegan’s Story, Vaccines & MMR

The hearing came about after Lord Justice Sedley in the English Court of Appeal condemned Dr Donegan’s evidence to the English Family Court as “junk science”. This was without Dr Donegan even being present, given any opportunity for comment or being represented. [So much for English justice].

The GMC’s expert witness at the GMC trial, Dr David Elliman, then of Great Ormond Street Hospital spent 5 months preparing an expert report against Dr Donegan for the August 2007 hearing for the purpose of having Dr Donegan’s medical licence revoked, only to be forced to admit in cross-examination that he was “quibbling” over a few details.

Interestingly, whilst Dr Elliman was spending all this time on his report for the GMC prosecution there were problems in the unit he managed at Gt Ormond St Hospital. Despite being warned by his professional staff he took no management action. This matter came to a head with what has become known as the scandal of the death of “Baby P”. In short a child died, killed as a result of extensive injuries over many months caused by child abuse by the partner of the child’s mother.

Dr Elliman has never been charged by the General Medical Council with anything nor has his licence to practise medicine been revoked. The UK’s General Medical Council appears to have done nothing whatsoever about this despite their main purpose being to regulate the conduct and practice of medical doctors to protect the public. Well, they did not protect “Baby P” and by doing nothing they will not protect all the other “Baby P’s” there may be in future. They did however spend millions of pounds getting Dr Wakefield’s licence revoked and now it appears that all along Dr Wakefield was right.

Here follows the translated judgement. Any observations on or suggestions for improvements to the translation or typographical or other errors would be appreciated as this has been prepared as rapidly as reasonably possible:

Italian Republic

On behalf of the Italian people

The Ordinary Court of Rimini

Civil Division, Labour Section

With a single judge presiding in the person of Judge Lucius ARDIGO’ pronounces

JUDGMENT

in the civil case, with the ritual of work, registered as N.474 \ 10 RGL brought forward by:

XXXX and XXXX on their own behalf and as parents exercising parental authority in the case of their son, a minor xxxx (child)

represented and defended by the lawyer. VENTALORO LUCA with an address for service in Viale Principe Amedeo 12 47900 RIMIN at the Chambers of. VENTALORO LUCA

-APPLICANT-

AGAINST

MINISTRY OF HEALTH (CF80242255589), with the ADVOCACY of the lawyer DISTRICT STATE ADVOCATE electively domiciled in Via Guido Reni 4 40125 BOLOGNA at the Chambers of. DISTRICT STATE ADVOCATE

-AGREED-

Concerning

Compensation under Article 2, paragraph 1, of Law no. 210, 1992

GROUNDS FOR DECISION

By application filed 8 \ 06 \ 2012 XXXX and XXXX on behalf of themselves and in their capacity as parents exercising parental authority over the child xxxx agreed to press charges against the Ministry of Health, applying that they be ordered to pay compensation for irreversible damages from complications caused by compulsory vaccination

The basis for the application stated that on 26 \ 03 \ 2004 the minor (child) xxxx was subjected to prophylactic trivalent MMR at the AUSL (Local Health Authority) of Riccione.

The same daily worrying symptoms arose daily (diarrhoea, nervousness) between 2004 and 2005. xxxx (the child) experienced signs of serious psychological and physical discomfort as far as the date of 31 \ 08 \ 2007 when the recognition took place that he was invalided totally and permanently to a level of 100%

Only on the date 27 \ 06 \ 2008, did the specialist Dr. Niglio attest as to how the reported damages to the minor (child) were attributable to the vaccination carried out, this theory was definitively confirmed on the date 25 \ 07 \ 2009 by the specialist Dr. MONTANARI.

Therefore on the date 28 \ 04 \ 2008 the parents, the applicants, submitted an application for verification of eligibility requirements for the compensation provided for the benefit of those harmed by the irreversible complications due to mandatory, vaccinations, but on the date 13 \ 10 \ 2008 the Medical Hospital Commission refused the application because the MMR vaccination did not turn out to be compulsory by law or ordinance of Health Authority.

The case, informed through the production of documents and the testing of medical-legal advice, was discussed at today’s public hearing as a consent decree.

In a preliminary ruling it was asserted that the the capacity to be sued of the Ministry was exempted under the provisions of Article D of .114> L.vo No. 112 of 1998, regarding the contribution to the Region of the functions and administrative tasks relating to Health, Article 123. This same decree explicitly recognized the retention by the State of the duties relating to appeals (to be understood both as administrative and judicial, in the absence of normative distinction) for the payment of compensation in favour of those harmed by the irreversible complications due to vaccinations, compulsory medical treatment and the like.

The latter theory shared by the most recent and prevailing case law of the Supreme Court of Cassation (Highest Court of Appeal) which has clarified how in the case of especially the capacity to be sued, it is exclusively the responsibility of the Ministry of Health (see most recently Cass. Sec. L n. 29311 of 28 \ 12 \ 2011 Rv. 620379; Compliant same section 13 \ 10 \ 2009 n. 21702, n.21703, n.21704 of 3 \ 11 \ 2009 n. 23216, n. 23217, by 5 \ 11 \ 2009 n. 23434, the 6 \ 11 \ 2009 n. 2358.

In point of law it is considered that the fact that the alleged permanent impairment of physical or mental integrity is due to a compulsory vaccination cannot be an impediment to the recognition of compensation required.

Referred to herein and in fact, to the judgment of the Constitutional Court. 27 \ 1998 and 423 \ 2000 that it was declared unconstitutional by violation of Articles 2 and 32 Constitution, Article 1, paragraph 1, I. February 25, 1992 No 210 (Compensation for those harmed by complications of an irreversible type because of mandatory vaccination, blood transfusion and the administration of blood products), in so far as it provided no entitlement to compensation under the conditions specified therein, of those who were subjected to non-compulsory vaccinations against Hepatitis B and Poliomyelitis as a result of campaigns by the Health Authority to legally promote the dissemination of these vaccinations.

The aforementioned vaccinations, like the trivalent MMR vaccination in question, had been strongly encouraged by the state while not imposing a legal obligation: it is not constitutionally permissible in the light of Articles 2:32 of the Constitution, to require that the individual puts his own health at risk for the collective interest, without collective being willing to share, if you will, the weight of the negative consequences, there is no reason to differentiate from point of view of the aforesaid principle, the case where medical treatment is required by statute and that in which it is according to a law promoted by public authorities, in view of its widespread distribution in society.

The medicolegal and auxilary medicolegal assessments must be conducted according to their merits, which, on the basis of an in depth examination of the case in the light of the specialist literature to date, has conclusively established that the young child is suffering from AUTISTIC DISORDER ASSOCIATED WITH MEDIUM COGNITIVE DELAY ascribed with reasonable scientific probability due to the administration of the vaccine MMR occurring on the date 26\3\2004 at the ALS of Riccione

It should also be acknowledged that the auxiliary evaluation pursuant to the Medical Commission has expressed the view that there is a permanent impairment of physical and mental integrity established, ascribed to the first category of Table A, attached to the DPR 30 \ 12 \ 81 n.834.

As for the ascertainment, on the part of the parents, of the actual knowledge of the cause of disability, it should be noted that in none of the medical records examined was the clinical picture established definitely as post-vaccine, in the sense of, caused by inoculation of the vaccine, and that the causal relationship is indicated for the first time only in the medical report on 27 \ 06 \ 2008 of the specialist Dr. Niglio.

In particular, we should highlight as the starting point, not reckoned in the knowledge of the diagnosis, or by the mere suspicion of an origin from compulsory vaccination, but from the moment when, on the basis of medical records, the claimant is found to have had knowledge of the damage, that awareness of the aetiological relationship between irreversible injury (including ascribability table) and the cause from vaccination (which entitles you to compensation).

As reiterated by the Supreme Court in the analogous issue of knowledge of occupational disease indemnification, it is not sufficient that the employee is informed of the mere professional/ occupational origin of the disease but it is also necessary that the same is aware of the importance of sequelae so as to provide an impairment higher than threshold percentage fixed for the recognition of pension entitlement (see in this sense civil Cassation section. Lav., April 3, 1993, No. 4031, in Riv. In fort. and mal. Prof. in 1993, II, 111; Supreme Court as well as civil sez. Lav., January 8, 1996, n. 63 INAIL Bulgari c rv 495 260)

Therefore, a deadline of two years from knowledge of the cause of the damage is enforced(Article 3 of Law no. 210, 1992), being the permanent impairment of psycho-physical integrity due to 1 / \ category in Table A attached to the DPR 30 \ 12 \ 81 n.834, and should be entitled to compensation provided for under Articles 1 and 2 of Law 210 \ 1992 comprised therein for the payment of the One off payment of Article 2 paragraph 2 of that law.

Under the combined provision in the Article 429 c.p.c. and 16. paragraph 6 of Law 30 December 1991, No. 412, the amount due in respect of statutory interest on pension claims is used to offset any amounts payable for the restoration of greater damages for the diminished value of the claim, which is why an adjustment for inflation becomes operational only for periods of time which the amount of interest is not sufficient to cover the full damage due to devaluation.

The court costs are settled on a payment formula accepted by the Ministry according to the general criterion of negative outcomes.

For this same reason they are definitively accepted by the Ministry as are the costs of CTU, to the extent already settled by a separate decree.

FOR THESE REASONS

THE ORDINARY COURT OF RIMINI

with a single judge presiding in the function of judge of the work

pronouncing definitively on the application brought by XXXX and XXXX as parents exercising parental authority over the child xxxx with an application lodged on 8 \ 06 \ 2012, dismissing all other claims, objections or inferences, will thus provide, in adversarial proceedings with the Ministry of Health:

1) I verify that (child) xxxx has been irreversibly damaged by complications caused by vaccination (prophylaxis trivalent MMR) with a right to compensation referred to in Articles 1 and 2 of Law no. 210, 1992, ( lifetime pension backdated for fifteen years), I order the Ministry of Health in the person of the Minister in charge to pay to (child) xxxx the compensation provided for by Articles 1 and 2 of Law 210/1992 including the payment of the One off payment of Article 2 paragraph 2 of that Act (for the arrears plus interest accrued in so far as legally possible and the second monetary revaluation ISTAT indexes, as required by law for payment of the application);

1. I Order the Ministery of Health to pay the court fees in settlement a total of Euro 2.500,00 in addition LVA, CPA and reimbursement of the general charges as required by law;

2. I definitively place the burden on the Ministry of Health to meet expenses of CTU (Expert witnesses).

Thus decided in Rimini, public hearing on the 15 \ 03 \ 2012.

THE JUDGE
Lucio ARDIGO ‘

Translated by JLM Donegan 23 May 2012
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