[Mandatory anthrax shots] DOD Attempts to Violate Nuremberg Code

From: john (nospamoridiotss_at_vaccine.com)
Date: 12/28/04


Date: Tue, 28 Dec 2004 09:58:49 +0000 (UTC)

E-NEWS FROM THE NATIONAL VACCINE INFORMATION CENTER
 Vienna, Virginia http://www.nvic.org

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     UNITED WAY/COMBINED FEDERAL CAMPAIGN
                  #9119
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 "Protecting the health and informed consent rights of children since 1982."

============================================================================
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 BL Fisher Note:

 For the second time, in defiance of a considered opinion by a Federal
 District Court, physicians officials employed by the Department of Defense
 are attempting to force an experimental vaccine capable of killing and
 injuring, on U.S. soldiers. Now these medical doctors employed by the DOD
 are seeking to join with other medical doctors employed by the Department
of
 Health and Human Services to persuade military generals and politicians
that
 they should have the power to, in effect, target the genetically vulnerable
 for sacrifice in order to implement a policy they refuse to admit is wrong.

 Even if these federal employees could demonstrate need for the anthrax
 vaccine, which they cannot, it is a direct violation of the Nuremberg Code
 to force an experimental medical product on individuals without their
 violuntary, informed conset. Medical doctors employed by the German state
 during World War II were held accountable at the Doctor's Trial at
Nuremberg
 for doing this. What DOD and DHHS are attempting to do is in direct
 violation of the Nuremberg Code, which was embraced by the world as the
 ethical standard for the practice of modern medicine. No individual should
 be forced to risk and sacrifice his or her life by any other individual or
 government entity under the guise of protecting "society," benefiting
 humanity or advancing the progress of science and medicine.

 This kind of behavior by morally bankrupt physicians employed by the
 government should not be allowed in a civilized society. The mothers of
 America would do well to take note as they discuss with their children the
 benefits and risks of enlisting in the U.S. military.

 http://www.washtimes.com/upi-breaking/20041223-050846-2129r.htm
 The Washington Times
 UPI

 BioWar: Mandatory anthrax shots loom again

 By Dee Ann Divis
 Senior Science & Technology Editor

 WASHINGTON, DC, Dec. 23 (UPI) -- The Department of Defense is discussing
 with other agencies how it might reopen and again make mandatory a
 controversial anthrax vaccination program despite a second federal court
 order enjoining DOD from forcing troops to take the shots. The program,
 which used a product called Anthrax Vaccine Absorbed, has been at the
center
 of three lawsuits, a congressional investigation and some 100
courts-martial
 of personnel refusing administration of the vaccine. Critics of the program
 say the medication caused serious illness in a number of people and is not
 approved for the prevention of inhalation anthrax, an infection feared by
 those trying to anticipate and forestall deaths from bioterror attacks.

 The DOD and vaccine manufacturer Bioport, of Lansing, Mich., assert the
 vaccine is safe. They point to 18 studies, including one by the Institute
of
 Medicine -- part of the National Academy of Sciences -- saying the vaccine
 is no more dangerous than any other vaccine.

 Federal District Court Judge Emmet Sullivan agreed with critics and granted
 an injunction Oct. 27 against the mandatory program for a second time,
 pending proper approval of the vaccine for inhalational anthrax. Though it
 was still possible to give soldiers the vaccine with their informed
consent,
 Defense Secretary Donald Rumsfeld immediately halted the program and it has
 been suspended since that time.

 Now, in a nine-page question-and-answer brief on the anthrax vaccine, DOD
 said it is in discussions with the Department of Health and Human Services
 over whether or not the program can be resumed on a mandatory basis.

 In answer to a specific question regarding the possible mandatory or
 voluntary nature of the program, the brief said, "Specific details on
 program resumption, if granted under an EUA, are still being discussed
 between the Departments of Defense and Health and Human Services."

 Lawyers for plaintiffs in the case that led to the injunction against the
 program have long asserted the only mechanism available to restart the
 vaccination effort on a mandatory basis was a waiver of informed consent
 issued by President George W. Bush.

 "Once they have the authorization to use it, the secretary still has to
 ensure that those getting the vaccine have the option to accept or refuse,"
 said John Michels, an attorney with the law firm McGuire Woods in Chicago.
 "Our position is that you can't administer the vaccine without the
 president."

 "This is something we are working out ...with HHS and FDA," a DOD spokesman
 told United Press International when asked if a mandatory program was being
 sought. "It is a process that is ongoing. It will require additional
 discussion between us and HHS over the next few weeks."

 Lawrence Halloran, staff director and counsel for the House Subcommittee on
 National Security, said he did not know how, "under the law as written, HHS
 could grant Emergency Use Authorization for an approved drug, for an
 unapproved use and not include as a condition of that authority the
 obligation to notify recipients of the right to refuse it."

 Halloran also told UPI: "DOD somehow thinks that HHS can do that. Under
what
 circumstances I don't know. They seem to have some legal theory they're not
 sharing with us yet."

 DOD asserted in a Dec. 10 request to Thompson for the waiver that a
 potential emergency exists for the troops.

 "I have determined there is a significant potential for a military
emergency
 involving a heightened risk to the United States military forces of an
 attack with anthrax," wrote Deputy Secretary of Defense Paul Wolfowitz. "In
 making this determination, I have considered a classified November 2004
 Intelligence Community assessment of the anthrax threat. This heightened
 risk has been and continues to be the basis for the DOD program of
 vaccinating personnel serving in the areas of Central Command and Korea."

 The areas of Central Command include Iraq and Afghanistan.

 Under the steps outlined in the brief, HHS first would approve the EUA,
 followed by the Food and Drug Administration evaluating evidence for its
 safety and effectiveness. The FDA then would grant or deny approval.

 The evidence for the vaccine, the brief said, would be submitted by DOD's
 assistant secretary of defense for health affairs.

 The EUA would be in effect for up to one year. The people most likely to be
 vaccinated would include those with duty assignments in Iraq, Afghanistan
 and Korea, as well as others with special assignments and laboratory
 personnel.

 The Q and A said side effects would be monitored and military personnel
 would be informed of possible reactions and asked to report any problems.
 HHS and FDA also would "review" the program periodically.

 The Q and A does not mention informed consent in its description of the
 brochures that would be given to medical personnel and those receiving the
 vaccine. Nor does it mention that DOD is required to notify recipients of
 their right to refuse, as required by the National Defense Authorization
Act
 of 2004.



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