Posted on 04/08/2018 8:11:54 AM PDT by foundedonpurpose
HPV Vaccine Gardasil Kills: Confirmed By Court Ruling TOPICS:Catherine FrompovichGardasilHPVVaccines
April 2, 2018
By Catherine J. Frompovich
“After 8 long years, the government finally conceded that we met our burden of proof that Gardasil caused my death.” [1]
Christina Richelle Tarsell “died from an arrhythmia induced by an autoimmune response to the HPV vaccine Gardasil which [she] had received only days before [her] death. …. This is a precedent setting case. …. Here are the links to the ruling by Judge Coster Williams and the revised ruling by the Special Master.” [1] [CJF emphasis]
Interestingly, in the above ruling order by Judge Williams, this is stated as part of the “Opinion and Order”:
Because the Special Master impermissibly elevated Petitioner’s burden of proof and misapplied the legal standard, the Court remands the matter to the Special Master. [Pg.2]
In this author’s opinion, the above comment/opinion by the Judge is indicative of what has become an ‘accepted modus operandi’ by Special Masters at the Vaccine Court in order to deny vaccine damage claimants their standing at court, which is totally illegal and must be FIXED immediately by Health and Human Services!
Here’s why I say that, and the Judge confirms why I do:
Althen Prong Three: The Special Master Raised Petitioner’s Burden of Showing a Proximate Temporal Relationship Between Gardasil and Christina’s Arrhythmia
The linchpin of the Special Master’s decision denying compensation appears to be “timing.” See id. at *7. The Special Master explained: “[t]he order of presentation begins with timing because a gap in Ms. Tarsell’s evidence is most readily apparent in the context of attempting to identify when Christina started to suffer arrhythmia.” Id. The Special Master found:
Ms. Tarsell has not persuasively established a basic proposition of her claim, that Christina did not experience an arrhythmia until after the first dose of the HPV vaccine. Without this foundation, the rest of Ms. Tarsell’s claim cannot stand. Id. at *1.
In reaching this conclusion, the Special Master ignored medical-record evidence from Christina’s treating physicians that showed she did not have an arrhythmia prior to her vaccine.
Instead of assessing medical-record evidence, the Special Master invoked the experts’ candid but unremarkable conclusion that it was possible that Christina’s arrhythmia could have been present before it was detected. From this, the Special Master determined that because the onset of Christina’s arrhythmia was “unknown,” Petitioner failed to prove that Christina did not have arrhythmia before she received the vaccine. Id. at *7-8. This conclusion disregards Christina’s extensive medical-record evidence and medical history, which indicates that her arrhythmia was detected for the first time on November 20, 2007 – – ninety days after her first HPV vaccine – – and for the second time on December 27, 2007 – – thirty-seven days after her second HPV vaccine.
The Special Master’s approach to analyzing onset placed an overly onerous burden of proof on Petitioner as illustrated by the following colloquy. [Pg.8] [CJF emphasis]
In the 22-page ruling filed June 30, 2017 by Judge Mary Ellen Coster Williams, which I encourage all parents with vaccine damaged children, in particular, and all vaccine-administering MDs to read, you will find this
Conclusion
Petitioner’s motion for review is GRANTED. The Special Master’s decision denying compensation is VACATED, and the case is REMANDED to the Special Master for further proceedings consistent with this decision. The Court makes no factual findings of its own. On remand, the Special Master shall reassess whether Petitioner met Althen’s Prongs One, Two, and Three and whether she is entitled to compensation, consistent with the legal principles articulated in this opinion. Pursuant to 42 U.S.C. § 300aa-12(e)(2), the Court allows 90 days for the completion of proceedings on remand.
The Clerk shall not disclose this decision publicly for 14 days.
Gardasil Vaccine Victims and Deaths – Did You Know? 5:27 minutes
https://youtu.be/KB2ZvCWXSY0?t=12
Back in February of 2011, when I was part of the group of vaccine safety researchers and activists, including attorneys, who showed up on the apron of the steps of the U.S. Supreme Court to attend the press conference in protest against SCOTUS’s unfortunately ‘skewed science thinking’ in their BRUESEWITZ ET AL. v. WYETH LLC, FKA WYETH, INC., opinion [2], I met Christina’s mother, Emily Tarsell, a most-dedicated mom to finding true justice for her vaccine-damaged and departed daughter. I congratulate Mrs. Tarsell on her determination and follow-through!
As a result of that perseverance, patience and waiting, here’s what Special Master Christian J. Morgan ruled:
Conclusion
The Court’s Opinion and Order required additional consideration consistent with the legal principles articulated by the Court for analyzing the evidence in this tragic case about a woman, Christina Tarsell, who died much too young. Under the approach dictated by the Court, Ms. Tarsell is entitled to compensation. The parties should anticipate that a separate order regarding damages will issue shortly. Pursuant to Vaccine Rule 28.1(a), the Clerk’s Office is instructed to notify the Court of this ruling. [CJF emphasis]
Gardasil kills, so declares the Court and Vaccine Special Master Morgan! Shout that from the mountain tops and make certain every medical doctor knows that too!
My hope is that all who have been damaged by any vaccine—and denied their claims by Vaccine Court Special Masters—will find hope and courage in Mrs. Tarsell’s perseverance to prevail for justice due under the law as Congress passed in 1986, but which the Vaccine Court Special Masters do not honor, or go out of their way to find loopholes regarding “burden of proof”—or so it seems.
References:
[1] http://www.gardasil-and-unexplained-deaths.com/ [2] Dissenting Opinion by Justices Sotomayor & Ginsberg https://www.law.cornell.edu/supct/html/09-152.ZD.html
“The majority’s decision today disturbs that careful balance based on a bare policy preference that it is better “to leave complex epidemiological judgments about vaccine design to the FDA and the National Vaccine Program rather than juries.” [….] “Manufacturers, given the lack of robust competition in the vaccine market, will often have little or no incentive to improve the designs of vaccines that are already generating significant profit margins. Nothing in the text, structure, or legislative history remotely suggests that Congress intended that result. I respectfully dissent.”
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Resources:
National Childhood Injury Vaccination Act, 42 U.S.C. §§300aa-1 et seq.; Gardasil; Human Papillomavirus; Cardiac Arrhythmia; Causation in Fact; Sudden Death. https://drive.google.com/file/d/1QWjVh6j6APIFeo2aKuKcFuj8BlFU3G4b/view
Gardasil Researcher Speaks Out / Sharyl Attkisson https://www.cbsnews.com/news/gardasil-researcher-speaks-out/
New Worries About Gardasil Safety / Sharyl Attkisson https://www.cbsnews.com/news/new-worries-about-gardasil-safety/
Catherine J Frompovich (website) is a retired natural nutritionist who earned advanced degrees in Nutrition and Holistic Health Sciences, Certification in Orthomolecular Theory and Practice plus Paralegal Studies. Her work has been published in national and airline magazines since the early 1980s. Catherine authored numerous books on health issues along with co-authoring papers and monographs with physicians, nurses, and holistic healthcare professionals. She has been a consumer healthcare researcher 35 years and counting.
Catherine’s latest book, published October 4, 2013, is Vaccination Voodoo, What YOU Don’t Know About Vaccines, available on Amazon.com.
Her 2012 book A Cancer Answer, Holistic BREAST Cancer Management, A Guide to Effective & Non-Toxic Treatments, is available on Amazon.com and as a Kindle eBook.
Two of Catherine’s more recent books on Amazon.com are Our Chemical Lives And The Hijacking Of Our DNA, A Probe Into What’s Probably Making Us Sick (2009) and Lord, How Can I Make It Through Grieving My Loss, An Inspirational Guide Through the Grieving Process (2008)
Catherine’s NEW book: Eat To Beat Disease, Foods Medicinal Qualities ©2016 Catherine J Frompovich is now available.
Image credit: TFTP
When do the people in "The land of the free" get to make their own personal choices in regards to their lives? Since when does a loss of the few, for a greater good, determine government policies for the masses? God knew you in the womb! What happened to free independent choice of the individual for himself and his family? If I am not vaccinated and you are, it's my choice... However, many people chose the Communist/Socialist perspective and try to be the pig in "Animal Farm," they know better. Because they have all the government/Scientist approved and paid-for facts. The facts coming from what source???
Love, Founded
Okay, tried to read this but it dived into anti-vaccination BS and quickly appears to be a lot of quackery. One death is too many but appears to still be questioned. If this vaccine was dangerous, we’d surely see more than one death out of how many hundreds or billions of doses given. And this one death is dependent up everyone clearly knowing that the girl did not have an undiagnosed precondition. Call me skeptical.
I’m sure that some court somewhere has declared global warming real, too.
So, this means that we will be seeing lawyer advertisements on late night tv trolling for clients who have received the vaccine.
how valid is testing when the placebo contains one of the critical active ingredients of the vaccine being tested?
Isn’t it wonderful that lawyers know more about the human body and immunology that actual scientists and physicians. Since that is the case, why don’t we just have lawyers arguing in court on whether a drug or medical device can be approved. That would be way cheaper than the current practice of actually testing these things.
Oh, and while it is unfortunate that the girl had a pre-existing condition, that condition cannot be blamed on Gardasil. A surprising number of people have heart conditions in which the first symptom is that they suddenly die. I have sympathy for the parents that they lost their daughter in this way, and understand that they want to blame something, but suing the manufacturers of Gardasil is inappropriate.
“First kill all the lawyers.”
—Shakespeare
The left care nothing for actual health risks in their promotion of all manner of promiscuity.
The Pill is contraindicated for 35% of women, yet they bastardized science and medicine and use that as the floor for approving Depo-Provera, which is harmful for an ADDITIONAL 35%!!!
And the harm caused by the “Morning After Pill”, they don’t care.
This link between the BCP and breast cancer?
They don’t care.
Never mind the medical science show causation, look at the calendar for the strong correlation.
BCP use begins in the 60’s
Breast cancer rates rise significantly beginning in the 80’s.
For objective scientists & mathematicians, correlation does not imply causation.
For plaintiff attorneys looking for a big score, one instance of correlation equals causation.
Thanks for posting this. Gardisil kills! There have been thousands of girls injured or killed by the vaccine and it still has NOT been pulled off the market.
Pay no attention to the Vaccine shills. Several of them work for the CDC. ;)
My daughter received it, I wonder ......
Interesting insight into the concept of courts clumsily deciding scientific questions such as morbidity/mortality.
In Japan, seismic and tsunami design risks at the Fukushima Daiichi nuclear power complex were sorely underestimated, ignoring historical signs that disaster struck the peninsula centuries earlier. In the end, few had imagined that such powerful natural forces could cause 3 nuclear meltdowns at once.
Is it only girls?
Lawyers, (full disclosure—I am one) know how to research and can teach themselves and debate/test anything. Yes, I think the medical community sells us bill of good all the time and here is one time it did.
Keep in mind, lawyers are the last line of defense against government overreach, you better curb your hate of the profession.
No, they are giving it to boys now too. This is the story of Colton from Utah. He was paralyzed by the HPV shot and he died this past year. https://www.youtube.com/watch?v=4JINYzaqtHw
“Keep in mind, lawyers are the last line of defense against government overreach, you better curb your hate of the profession.”
Thank you. Everyone hates lawyers....until they need one. (My daughter is a lawyer)
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