HHS's Wanton Failure to Follow Its Mandate for Safer Childhood Vaccines

The HHS Secretary is obligated by law to make or assure improvements and promote the development and refinement of safer childhood vaccines for nearly 40 years.

The obligation to test, recall, and improve adverse reaction reporting under the National Childhood Vaccine Injury Act of 1986 is so critical that a failure to perform these duties extends way beyond negligence.

A Wanton Omission “refers to the failure to take action when there is a clear obligation to do so, with the understanding that this inaction could likely cause harm to another person. It involves a reckless disregard for the potential consequences of not acting, indicating a serious level of negligence.”

HHS could argue that it is fulfilling its obligation to parents and children. However, throughout this century, the Secretary’s failure to establish the required task force on safer childhood vaccines and its ongoing failure to provide biennial reports to Congress is prima facie evidence that vaccines currently available on HHS’s watch are even more deadly and dangerous than ever.

HHS can no longer turn a blind eye to the draconian tyranny of its CDC’s Recommended Childhood Schedule that results in Well-Baby Visits, and school mandates.

When basic responsibilities are shirked, HHS cannot prove that it is not solely to blame for ALL deleterious health effects and the ongoing misery HHS continues to create.

The way the government acts, you’d believe it couldn’t care less. Don’t be deceived.

***************** 42 U.S. Code § 300aa-27 (in pertinent part)

(a)General rule

The Secretary shall—

(1) promote the development of childhood vaccines that result in fewer and less serious adverse reactions than those vaccines on the market on December 22, 1987, and promote the refinement of such vaccines, and

(2) make or assure improvements in, and otherwise use the authorities of the Secretary with respect to, the licensing, manufacturing, processing, testing, labeling, warning, use instructions, distribution, storage, administration, field surveillance, adverse reaction reporting, and recall of reactogenic lots or batches, of vaccines, and research on vaccines, in order to reduce the risks of adverse reactions to vaccines.

(b)Task force

(1) The Secretary shall establish a task force on safer childhood vaccines which shall consist of the Director of the National Institutes of Health, the Commissioner of the Food and Drug Administration, and the Director of the Centers for Disease Control.

(c)Report

Within 2 years after December 22, 1987, and periodically thereafter, the Secretary shall prepare and transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate a report describing the actions taken pursuant to subsection (a) during the preceding 2-year period.