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
‘“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).”
I am a lawyer too.
There is no amount of legal research that you can possibly do that would replace the results of a single well-designed clinical trial. Or of any scientific research, for that matter. Lawyers are not medical researchers.
This is not to say that lawyers and researchers cannot work together. We do work with a legal team that is quite knowledgeable about things like intellectual property, human subject protection, and so forth. But they cannot do what we do, any more than we can do what they do.
Yes, they are pushing hard for ALL boys to get the vaccine, but from the CDC website:
Some men are more likely to develop HPV-related diseases than others:
Gay and bisexual men (who have sex with other men) are about 17 times more likely to develop anal cancer than men who only have sex with women.
Men with weakened immune systems, including those who have HIV, are more likely than other men to develop anal cancer. Men with HIV are also more
likely to get severe cases of genital warts that are harder to treat
HPV Vaccine Is Associated with Serious Health Risks, Including Sudden Death
Many women are not aware that the HPV vaccine Gardasil might actually increase your risk of cervical cancer. Initially, that information came straight from Merck and was presented to the FDA prior to approval5. According to Merck's own research, if you have been exposed to HPV strains 16 or 18 prior to receipt of Gardasil vaccine, you could increase your risk of precancerous lesions, or worse, by 44.6 percent.
Other health problems associated with Gardasil vaccine include immune-based inflammatory neurodegenerative disorders, suggesting that something is causing the immune system to overreact in a detrimental way—sometimes fatally.
On February 28, 2013 the government watchdog group Judicial Watch announced it had filed a Freedom of Information Act (FOIA) lawsuit against the Department of Health and Human Services (DHHS) to obtain records from the Vaccine Injury Compensation Program (VICP) related to the HPV vaccine7. The lawsuit was filed in order to force the DHHS to comply with an earlier FOIA request, filed in November 2012, which had been ignored. As reported by WND.com8:
"Judicial Watch wants all records relating to the VICP, any documented injuries or deaths associated with HPV vaccines and all records of compensation paid to the claimants following injury or death allegedly associated with the HPV vaccines... The number of successful claims made under the VICP to victims of HPV will provide further information about any dangers of the vaccine, including the number of well-substantiated cases of adverse reactions."
On March 20, Judicial Watch announced it had received the FOIA documents from the DDHS, which revealed that the National Vaccine Injury Compensation Program has awarded $5,877,710 to 49 victims for harm resulting from the HPV vaccine. According to the press release9: "On March 12, 2013, The Health Resources and Services Administration (HRSA), an agency of HHS, provided Judicial Watch with documents revealing the following information:
This new information from the government shows that the serious safety concerns about the use of Gardasil have been well-founded," said Judicial Watch President Tom Fitton. "Public health officials should stop pushing Gardasil on children."
The numbers of children severely injured are staggering. Vaccine reactions are not rare.
When searching through the VAERS (Vaccine Adverse Events Reporting System) database for serious adverse events including death for the year 2016, just for children under the age of 2, 108 reports come up. 44 of them are DEATHS. Read the results for yourself here, https://wonder.cdc.gov/controller/saved/D8/D27F676 Considering that according to the CDC estimates of cases reported to VAERS are between 1 and 10% of the actual number of events that occur.
I only searched for the infant/young child category because my Grandson died following his DTaP shot 12-6-16. I (or you) might just have to search for older age kids injured by the HPV shot. That could enlighten some.
My daughter also....
You can’t argue it to a legal standard. Yes, the analysis would be different between a scientist and a lawyer, but both are valid. Yes, the lawyers would have to work with experts.
Is it only girls?
***********************
In our family, in addition to the girls, we had our son receive the Gardasil 9 vaccinations. Insurance covered it, so it’s FDA approved (and recommended).
Sorry, the anti-vaccine crowd needs to do better and put things into perspective.
Lawyers can teach themselves anything and we do all the time, and we work with experts and we know how to present the results of a clinical trial to a court. Keep in mind, there is nothing that trumps a court order. If people need relief, they get it from a court.
Yes, I saw that on your previous post.
Thank You! Good In-site!!
Not just one death.
Anti vaccine BS/anti vaccine quackery?
So questions from concerned parents that have had their children effected from this crap is quackery? Say that to my face, with my child effected by this crap!
By the way, your statistical numbers are a joke, at best.
Is that you Janet?
The Drug Industry does not use “objective scientists & mathematicians”.
Glad your paid to be on watch. For the Vax companies!
What barracks are you working out of? The Gov. budget went up dramatically to protect the corporations recently. Did they give you a raise?
What part of the stats do you not agree with? That 1 billion got doses, 108 had some attributable complication, and that 1 died? I haven't looked it up but I bet that's better than TB and other vaccines.
So do we live in a free country or not. What happened to an individuals choice???
Yes my child was injured!
Prayer for you!
You trust the FDA?
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