By Alan Phillips, J.D.

Vaccine Rights Legal Expert

[~1230 words, 4-6 min read]

               The National Childhood Vaccine Injury Act of 1986 (NCVIA) requires the federal Department of Health and Human Services (DHHS) to send vaccine safety reports to Congress every two years. When ICAN founder Del Bigtree couldn’t get copies of those safety reports as the Freedom of Information Act allows, he and Robert Kennedy, Jr. sued DHHS, in 2018, asking the court to order DHHS to give Del copies of those reports. The result was a stipulation order (which means both sides agreed to the order and the judge signed off on it) in which DHHS acknowledged that they had never sent Congress any of those legally-required biannual reports. This lawsuit has been heralded as a “landmark” lawsuit. But was it, really?

landmark: an event, discovery, or change marking an important stage or turning point in something

               Let me be clear: Del Bigtree and Robert Kennedy, Jr. are heroes risking their lives by exposing corruption—in this case, DHHS corruption. I do not intend to diminish their courageous actions or high standing in our community one iota. My purpose here is to reveal how this lawsuit has been used against us; and to put it in proper perspective so that we can, instead, use it to propel us forward.

     I.     Let’s start by looking at what the lawsuit did:

          a.     It ended with a stipulation order confirming that for 30 years, DHHS failed to provide biannual vaccine safety reports to Congress required by the NCVIA.

This formal confirmation of DHHS’ illegal behavior is a positive accomplishment.

     II.     Now let’s look at what this lawsuit didn’t do:

          a.     The court order didn’t require DHHS to start providing the biannual reports. To be fair, I haven’t asked Del or Robert why they agreed to such an order, but I find the agreement troubling. Wouldn’t the main point of calling out DHHS’ illegal behavior be to get them to start issuing those biannual reports—to get DHHS to follow the law? The stipulation order didn’t do that, so DHHS is still not providing those legally-required biannual reports.

          b.     While the lawsuit confirmed DHHS’ illegal behavior to us, it didn’t alert the larger public. News about this lawsuit was limited to alternative news sources that reach a very small portion of the general population. As always, any truth that runs counter to pharma’s vaccine agenda is suppressed—contained, controlled, “managed”—to keep it from ever reaching a broad audience.

          c.     I’m aware of no organized demand that DHHS start following the law from either the vaccine aware community or the general public.

          d.     Bottom line: This lawsuit brought about no constructive change. Pharma’s agenda has only accelerated since this lawsuit.

     III.     But the lawsuit had some negative effects on the aware community:

          a.     It gave us a false sense of security. It reinforced our mistaken belief that there is a solution to the vaccine problem in the courts, when the reality is that pharma is no more bound by the real law than they are the real science. The people who suicide holistic doctors with impunity can just as easily control judges whenever their agenda requires it, and this happens far more often than we realize. Pharma doesn’t back down or cooperate with us unless there’s something in it for them. So, whenever they do back down or agree, that’s a huge red flag. Yet, we forge ahead with lawsuits in the corrupt judicial system blind to this reality, expecting wins where very few real wins are ever seen, and proclaiming wins that often aren’t actually wins at all—both to our detriment.

          This is not to say that we shouldn’t file lawsuits—nothing ventured, nothing gained. It is to say that until we address the corrupt control of the judicial system that enables pharma to win lawsuits regardless of the real law, we’re likely to continue getting the same results: occasional wins that don’t stop pharma’s overall advancement (some of which aren't really even wins at all), and losses whenever pharma’s agenda requires that.

          Pharma uses lawsuits to manipulate the aware community. They allow us the occasional win (or give us the false appearance of a win) when, but only when, it serves them. They throw us breadcrumbs to keep us waiting around for the meal that never follows. Sadly, this works very well.

          b.     More recently, articles have circulated claiming that this 2018 “Landmark Lawsuit” can get you out of a covid vaccine. That is preposterous; this lawsuit had nothing to do with vaccine mandates. Escaping a vaccine mandate requires: 1) a law giving you that right, and 2) a cooperating local official. (The second part is crucial. For example, covid vaccines are being mandated throughout the country despite Emergency Use Authorization laws that prohibit mandates. Your rights are meaningless—useless—unless local authorities cooperate with them!) But we keep falling for the brilliantly crafted legal disinformation flooding our community, which includes articles claiming that this 2018 lawsuit can get you out of a vaccine mandate. News flash: It can’t! (See the legal disinformation article here for more about this important topic: External link opens in new tab or window

               Do you get it? Real law applies to the elite no more than the real science. If pharma’s agenda requires a win in court, they win, regardless of the law. If allowing us a win won’t affect their agenda—or, better yet, when it serves their agenda (gives us a false sense of security, hope, etc.)—then we’ll “win” a lawsuit—but on closer scrutiny, you’ll see that many wins aren’t actually wins at all. Don’t get me wrong, I’ll take a win anytime, big or small. But we must stop being naïve. We must scrutinize the “wins” more carefully, to ensure they are relegated to their proper and appropriate status, and not let them be used to manipulate us. The legal system is no less corrupt, no less controlled, than the healthcare system. Both are manipulated to advance a corrupt pharmaceutical agenda. The 2018 lawsuit was a win—it confirmed DHHS corruption. But that’s all it did; it didn’t fix or change anything; it had no effect on pharma’s advancing agenda. But the elite have seized the opportunity to use this lawsuit against us, with a negative net result for us. This is not because Robert or Del are anything less than heroes, it’s because we, the aware community, have allowed this small but important win to be blown way out of proportion, to be used against us by clever disinformation artists to manipulate us—to give us a false sense of security, to keep us relying on a legal system that can’t actually fix anything until we address pharma’s corrupt control of it, to convince us that important progress has been made where none has actually occurred.

               We can't fix the vaccine problem in corrupt legal systems that our adversaries control, until we first address that control. Until we do that, they will just keep controlling judicial outcomes regardless of the real law. This explains, in part, why pharma just goes faster and faster despite everything we do. We woke up to the problem; now, we must awaken again—this time, to the solution. And we must do so quickly, as the window of opportunity is closing fast.


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