Thanks to Vaccine Education League of America for sharing elsewhere :
"The 1986 National Childhood Vaccine Injury Act (NCVIA) provides immunity to the vaccine manufacturers for the adverse reactions, vaccine related injury and death resulting from the administration of all vaccines which are on the CDC schedule. There are conditions which extend this same protection from liability to the doctors administering the vaccines. People assume that means the doctors and their staff are immune from the liability however there are conditions that must exist for doctors to be covered by that exemption for liability, such as the requirement that they provide their patient with the same warnings that are included by the manufacturer on the vaccine insert (not an information sheet) and those inserts are almost never provided to the patient, even if you ask for them. The same act also does NOT cover medical malpractice, malfeasance, or neglect and if the doctor ever took the time to educate themselves on the dangers of adverse reactions they likely wouldn't risk losing their malpractice insurance by negligently administering the vaccine anyway. If they refuse to educate themselves, especially when the manufacturers are protecting themselves by providing the inserts, that constitutes malpractice, malfeasance, and neglect.
Does that mean I can still hold them accountable ? YES it does. Just holding them accountable by the use of loop holes and alternative approaches to suit.
The existence of a properly worded sworn Affidavit and Notice of Liability in a child's medical record is likely to make all nurses, nurse practitioners, physicians assistants, etc not willing to accept the personal liability and administer the vaccine anyway. If they do administer it they can be held accountable.
The key is to provide them with proper Notice and in the form of an Affidavit which is a legal document. If they ignore the Affidavit, they are assuming the liability when they administer the vaccine. This type of Affidavit should be added to the medical record of each child and a copy filed with any applicable school nurse or administrator and it's helpful to keep a copy on hand to add to the record of any ER or urgent care if needed. You DO NOT need a separate Affidavit for each child. One Affidavit from a parent or guardian will be sufficient with copies made to each child's file.
Those who know me already know my background at law. I do provide these to those who wish to order them but they are not free. These are the same ones we offered from the law firm with a $250 retainer but I offer them now for $25 each to make them more easily accessible to parents who have a need for them. If you are comfortable enough with your knowledge of law to draft a properly worded Affidavit, get it done. If not you can order one from me from my online shop but you do not have permission to use my intellectual property for redistribution (you can't resell my work). When checking out make sure I have the name of the parent/guardian requesting the Affidavit, the County and State where it will be notarized, and en email address to send it to you since these are delivered electronically."
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Jeff Smith RN, born 1950. A registered nurse since 1984 - but holistic in my outlook to health since probably around 1968. Living Waters Wellness considers not just the health of the physical body, but our soul and spirit, our social forms, our environment - and as a matter of fact, our whole earth. It's a new website, and a work in progress - but by all means, have a look around !