Exposing the FDA's Vaccine Injury Cover-up

Exposing the FDA's Vaccine Injury Cover-up: An Interview With Walter Kyle, Esq.

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Catherine J. Frompovich
Activist Post

Attorney Walter Kyle of Cape Cod, Massachusetts, began representing
Plaintiffs with vaccine injuries ten years before the Vaccine Injury Act
began, and has argued more than forty cases before the Special Masters
of the United States Court of Federal Claims [under the Vaccine Injury
Compensation Act] - 42 U.S.C.A. §300aa, et.seq. As a result, Attorney
Kyle has unique insight into the nuances of vaccine injury law.

To start our interview, may I ask how you became involved in vaccine law?

I began representation of vaccine-injured clients in Arkansas in 1977.
My first case out of law school was representing a paraplegic mother who
acquired paralytic polio from mutated Sabin live trivalent oral polio
vaccine [TOPV] viruses shed from her three-month-old infant’s diapers.
Centers for Disease control classified the woman in the “immune
deficient” category of “vaccine associated contact cases” from Type 2
Sabin vaccine.

Walter, you just mentioned the phrase “vaccine viruses shed.” For
those who are not familiar with such terminology I’d like to say it
means certain types of vaccines contain certain viruses that are alive
and once injected into [orally administered to] an individual can infect
others via contact with bodily fluids, excrement, and sometimes
coughing or sneezing. In your first vaccine case, the mother contracted
paralytic polio from viruses “shed” in her infant’s diapers soiled with
urine and feces.

Walter, how did you present that case at court?

In the first case against the manufacturer, American
Cyanamid, which defended based on the fact that the woman was
categorized as “immune deficient” and implied the reaction was her
fault, I countered with the position that the Type 2 vaccine caused her
immune deficiency since she had never been sick in her life before
contact with that vaccine. After settling that lawsuit against the
manufacturer for failure to warn, I instituted a Federal Tort Claims Act
(FTCA) lawsuit against HEW for regulatory violations in the license
and release of OPV, in general, and the individual Lot of polio vaccine,
in particular. In addition, I challenged the FDA’s intention to use
Sabin’s live oral polio vaccine (OPV) for immunization of unwitting
contacts of vaccine recipients as an unconstitutional invasion of their
privacy (see Loge v. United States, 662 F.2d 1268 8th Cir. 1981), which
evolved into civil actions of “battery” against the sole manufacturer of
the Sabin vaccine –American Cyanamid.


Can you tell us what happened in that case?

From my perspective I gained a profound disrespect for the FDA and
pro-vaccine defense experts who pretended the case could have been from
wild polio in spite of the fact that most, if not all of the polio in
the United States at that time, arose from parents coming into contact
with the polio viruses shed in their child’s stool or saliva.

Their justification then, similar to their justification now, arose from
an unwritten CDC/FDA policy to “sacrifice some for the good of the
whole” – a comment related to me by a senior CDC physician, Dr. Michael
Gregg, in a private conversation.

This explains why zero funding is available to do clinical studies of vaccine reactions in the United States.

Both of the lawsuits settled before trial. The trial judge dismissed
the FTCA lawsuit and was overturned on appeal in the decision cited
above.

Before you go further, can you please explain what a Vaccine Injury Table is?

According to HHS Health Resources and Services Administration, “The
Vaccine Injury Table (Table) makes it easier for some people to get
compensation.” [1]

It makes it easier for some and impossible for others. Certain
reactions within a set time period are automatically compensated. For
example, the parent of a child who became paralyzed by polio within 60
days of the child’s receiving the live polio vaccine would automatically
be compensated. This was the most common reaction to both live and
inactivated polio vaccines.

However, a child acquiring an encephalitis where the Colburn strain of
CMV (cytomegalovirus) was isolated from his brain at the age of six,
would not be compensated unless his lawyer were clever enough to
discover that the Colburn strain of CMV is actually simian in origin and
came from the African green monkeys used to produce the live polio
vaccine.

Recently Baboon endogenous retrovirus (BERV) was discovered in MMR
vaccine, but no one has access to the tests to detect it in children
with possible vaccine reactions. Since it is a live vaccine, one would
expect the onset to occur within 3 days to three years, nor would anyone
know how to correlate it to the particular Lot of vaccine given as FDA
keeps such information secret.a “commercial privilege” protection under
FOIA.

Walter, what I find interesting about the Vaccine Injury Table is
something most proponents of vaccines/vaccinations probably are not
aware and it is “The Table lists and explains injuries/conditions that
are presumed to be caused by vaccines.” [1] So, in effect, HHS/CDC/FDA
agree vaccines can cause damage. I suggest every parent becomes
familiar with the Vaccine Injury Table in the link at reference [1].

The Table is per se inadequate and a mother or father should follow
their gut instinct when faced with a vaccine reaction most of which are
probably not on the Vaccine Injury Table. Currently there are
laboratory-testing methods developed, but withheld from diagnostic use
by FDA that can quickly and cheaply link reactions to vaccines. I do
not feel anyone should subject their child to an immunization unless
faced with an actual, not a CDC forecast, epidemic of a life-threatening
pathogen. That is, until those testing procedures are made available to
the general public for diagnostic evaluations of both the injured and
of the vaccines which are administered.

I
am not anti-vaccine but strongly oppose FDA/CDC/NIH B.S. (rhetoric and
hyperbole) when it comes to evaluation of vaccine reactions. For
example: Dr. Jonas Salk, developer of the inactivated polio vaccine
(IPV) gave unchallenged testimony before the Senate Committee
establishing the Vaccine Injury Table that there had been no paralytic
reactions to the Salk vaccine in 450,000,000 doses resulting in a Table
that provided no compensation for IPV-caused polio. The FDA stood by
and said absolutely nothing, but had good reason to know Salk’s
testimony was not true. Really!

Salk had provided expert assistance and consultation to me for 12 years
while the ongoing feud between Sabin and Salk brewed over which vaccine
should be used in the United States.

When the Chief Special Master appointed me to head an Attorneys
Committee to investigate the possibility that Salk’s vaccine had caused
hundreds of cases of polio that had never been linked to the vaccine by
FDA, I truly believed that Salk’s vaccine had never caused polio except
in one isolated manufacturing problem in 1955.

After the Committee investigated and discovered that not only had Salk’s
IPV caused polio, it had probably started epidemics, and the famous
“Frances Field Trials,” which the FDA’s predecessor touted as proving
IPV’s absolute safety, were “rigged” and probably caused as much polio
as they prevented.

Walter, that’s something that isn’t well known and apparently pushed under the carpet, as they say.

Under the carpet would have been nice, HHS pushed the attorneys on my
committee out the door. The Justice Department attorney began attacking
members of the Committee on trivial issues, objected to our being paid
promptly in all matters including other cases and ultimately all of us
stopped practicing in the Vaccine Injury Compensation Program.

Walter, thank you for pointing out that important fact, something
vaccine safety advocates are concerned about to this very day—unknowns
in vaccines. It’s happened several times and constantly gets pushed
under the ‘scientific carpet’, it seems. Please continue.

By 1988, I concluded, based on evidence discovered from the OPV
manufacturer’s files and FOIA litigation against the FDA, that FDA
allowed release of live Sabin oral polio vaccines that also contained
live simian retroviruses and/or viable genetic sequences of such
retroviruses within the polio vaccine itself – a fact admitted by the
Director of the Bureau of Biologics on April 15, 1980 in the Federal
Register.

In 1992 a world renowned medical journal, The Lancet, published
my paper, “Simian retroviruses, polio vaccine and origin of AIDS”
339:600-601 (Mar. 7 1992), which linked the 1981 AIDS outbreak in the
United States to the nationwide use of OPV for treatment of genital
herpes in homosexual men by dermatologists. Following multiple oral
doses of OPV, the viruses passed in their stools along with the then
unknown simian retroviruses and herpes viruses (i.e., SIV and KSHV –
Kaposi’s Sarcoma Herpes Virus – and CMV – Cytomegalovirus). Curiously,
this panorama of simian herpes viruses also infected the first AIDS
victims.

That article identified specific lots of contaminated OPV and suggested
independent testing, which FDA refused to retest, but “pretended” that
it had through false press releases in 1996. The FDA faced huge
liability here so they spent millions sending someone to find AIDS-like
virus in chimpanzees which is more genetically similar to HIV than any
of the other simian viruses, problem was, the chimps would eat the same
African green monkeys, the source of all SIVs, which were used in the
oral polio vaccine.

Curiously, Sabin’s Type II oral polio vaccine, most frequently (of the
three Types in a single dose of Sabin OPV) associated with the immune
deficient category of paralytic polio was administered to and ultimately
isolated from the stool of a chimpanzee.

I believe an honest evaluation of the science would place AIDS under the
vaccine injury table, and what a massive expense that would be.

So Congressional oversight of the issue may be hard to acquire, but
should be sought, all parents should ask for is “the whole truth,” the
portions of truth FDA releases often times mislead.

Although I have not actively practiced law for several years, I have
followed the scientific developments in the vaccine injury debate.
Furthermore, I feel it is possible to eliminate the Vaccine Injury Table
and simultaneously streamline the onerous litigation process HHS has
devolved for vaccine injury cases, but only if the FDA provides:

1. Vaccine injury claimants have access to the deep sequencing
   technology and microbial detection arrays capable of identifying every
   known and sequenced virus, pathogen, fungus and parasite that might be
   associated with the onset of illnesses following vaccinations, and
   
2. similar sequencing data on every lot of vaccine distributed in the
   United States for comparison of illnesses following immunization with
   pathogens present in the vaccines and the medium (substrate) used to
   generate the vaccine, or;
   
3. for recombinant DNA vaccines (rDNA), studies on the viability,
   propensities, and evolutionary tendencies of the genetic vaccine agent
   when introduced into an appropriate species or cell line free of any
   other portions of the original putative agent toward which the vaccine
   is targeted.
   

Walter! That would be an answer to a lot of prayers, I’d venture to say. What has happened recently?

The
latest vaccine saga began on May 7, 2010 in Gaithersburg, Maryland,
when the Vaccine and Related Biological Products Advisory Committee
(VRBPAC) met to review the finding that 200,000 copies of a pig virus
were found in each dose of the rotavirus vaccine. An independent
laboratory with access to Lawrence Livermore’s Microbial Detection
Array, (LLMDA), screened some off-the-shelf vaccines for all known and
sequenced viruses and the findings were published in Virology on March
10, 2010. Test results on the polio vaccines were apparently withheld,
possibly for unwanted results consistent with comments that I made at
the meeting. (Transcript p221).

That modus operandi is getting to sound a little familiar, I’d say. Go on, please.

In that meeting Dr. Holly Franz, developer of the array patented by
Lawrence Livermore Labs stated Transcript p330) that over 2 million
known pathogens could be detected with this 2x3 inch glass slide that
cost about $400.00 and that it could detect mitochondrial DNA changes
before any vaccine reaction occurred. The chips were developed,
promoted and patented with claims of usefulness in diagnosis of the
cause of illnesses.

Walter, that’s exactly what vaccine safety advocates—especially
I—have been suggesting, asking for, and promoting with regard to
mitochondrial DNA. Sorry to interrupt, but that is amazing.

The FDA “fix,” unfortunately, was in place at the time of the meeting
and the Committee discussion at the end of the day foreshadowed what FDA
planned for this revolutionary diagnostic tool. VRBPAC members voiced
concern that someone might use the LLMDA on other vaccines or products
and newly detected agents would appear that VRBPAC could not explain.
The unspoken fear, in my opinion, was that vaccine reactions could now
be scientifically correlated to agents in the vaccines, and no longer
defended with argument and innuendo which formed FDA’s historical basis
for publicly assuring vaccine safety.

Walter, if such technology is available—and its invention may have
been funded by taxpayers’ dollars—what kind of conspiracy or collusion
is going on that prevents the public and their physicians and
pediatricians from having access, especially now that the CDC’s VAERS
reporting system shows serious numbers of adverse events. Oh my
goodness—Congress ought to get involved and mandate FDA release LLMDA to
professional and health consumers’ access. Please continue.

The meeting itself appeared to be a “red-herring” approach to quell
public outcry over a non-required vaccine, which contained a contaminant
that had been in the vaccine for 15 years and could have been detected
by PCR (polymerase chain reaction). FDA members on VRBPAC assured the
public that no reactions had been associated with the pig viruses in the
vaccine during those fifteen years.

That, Catherine, was the FDA at its Orwellian best – its orchestration
glibly implied that testing for pig viruses was routinely performed in
diagnosis of a potential reactants unusual symptoms. The FDA failed to
disclose how many, if any, physicians had ordered PCRs for these pig
viruses in the past fifteen years. Why would they? Chances are high
that no testing was ever done, which is probably why the FDA “spun” this
lack of data into “proof of safety” – and allowed the continued
distribution of the vaccine.

Walter, that makes me want to cry for all those who received that
vaccine over fifteen years. That’s perfect proof to quell those who say
vaccine safety advocates are conspiracy theorists and don’t know what
they talk about or science. What you just said should be considered
“high crimes and misdemeanors,” I think. Please continue.

This scenario is consistent with the FDA’s findings in 1970 that 100% of
the Sabin Oral Polio vaccine was contaminated with simian herpes
viruses and FDA permitted it without ever notifying physicians of
potential adverse effects or even its presence in the vaccine. The
same can be seen in 1975 when FDA lab workers found simian retroviruses
contaminating OPV, and it was allowed to continue by the Bureau of
Biologics (BoB). A year after asserting the vaccine, the regulations
did not bar the release of OPV contaminated with simian retroviruses,
the Director of BoB became the Senior Vice President of Scientific
Affairs at American Cyanamid – the only company producing OPV in the
United States at that time.

Walter, what does that tell you? Someone’s fanny ought to be sitting in a jail cell, I say. What do you suggest?

That the Chairman of the American of the American Academy of Pediatrics,
Dr. Sam Katz, should be in jail with them. I say this based on the
internal memorandums at Lederle, which indicate they obtained his
support to block regulations that would have required Lederle to remove
the simian herpes viruses from their vaccine after it was discovered in
1971 that 100% of the OPV carried African green monkey cytomegalovirus
within the vaccine. I say this without regard to his giving me one of
the highest accolades a vaccine injury attorney could receive when he
shouted at me (after Congressman Burton’s hearing on the Hep B vaccine) –
“You are a despicable attorney.”

Katz co-authored the FDA treatise on polio vaccines in 1980 that
asserted the regulations did not prohibit release of oral polio vaccines
containing simian retroviruses, which included Simian immunodeficiency
viruses from rhesus monkeys, African green monkeys and chimpanzees that
could be passed by the vaccine.

People should question why VRBPAC did not address the baboon (BERV) and
human endogenous retrovirus (HERV-k) found in MMR vaccine, reported in
Virology in the same article that identified the pig viruses. Could it
have been the potential damage to the FDA’s Omnibus Litigation on
autism pending before the Supreme Court?

Ahhhhhh! Something smells a little fishy, I’d say.

I feel, that at the very minimum, FDA should have revealed the
scientific developments, available to the FDA, which should have been
used to screen all 5,000 litigants, instead of basing their defense on
the testimony of an expert for Claimants whom they vilified. That was
argument and innuendo, not science…and certainly not within the spirit
of the legislation intended to assist vaccine-injured claimants in a
simple and hassle-free recovery.

Walter,
does Congress know about that? If not, why not? I sure hope there can
be a congressional investigation into vaccines, and I’d love for you
ask that dynamite question. Go on, please.

I doubt that anyone in Congress fully appreciates the plethora of
“political” scientists who occupy the upper level positions at FDA and
NIH and who have the capability of not funding projects that would
scientifically analyze vaccine reactions. We have seen that failure to
follow up from the outset when SV-40 viruses contaminated the initial
Salk vaccines, to the 1971 discovery of simian herpes viruses
contaminating OPV – which all seemed, curiously enough, to all appear in
the initial epidemic of AIDS – to the current comments on RUO’s and
IUO’s where the College of American Pathologists and American Society of
Microbiology subtly “bought in” to the FDA’s concern about using the
LLMDA testing to screen vaccine victims for reactions.

After the VRBPAC meeting, Lawrence Livermore Labs stopped looking for
“commercial partners” to develop new uses for the technology – for
example using it to test vaccine injured claimants for diagnostic
purposes, and FDA threatened to revoke the license of any lab that used
the technology for diagnostic purposes and proposed regulations which
limited the use to research and investigational use only. For more
information, Google RUO and IUO and the attempt to regulate the chip
under the “medical devices” regulations.

Walter, what you say above is nothing short of collusion and/or
conspiracy on the part of FDA to keep health science from healthcare
consumers whom FDA is supposed to be protecting.

How down right damning of FDA!

I feel the actions of the Secretary of HHS, in denying Claimants access
to the latest scientific methodology to present their claims violates
Claimants’ rights to both substantive and procedural due process as
guaranteed by the Constitution of the United States and the Vaccine
Compensation Act. This is not saying that the Vaccine Compensation Act,
itself, is unconstitutional, but that Claimants’ rights to recover
compensation under the Act are compromised by the bar set up by the FDA,
which should be considered a violation of the Secretary’s statutory and
Constitutional powers. Unlike a claim under the Federal Tort Claims
Act (FTCA) that can be barred by the “discretionary function” exemption,
the Secretary’s power to administer the Act arises from the statute,
which was intended by Congress to streamline recovery for people injured
by vaccines.

The Secretary, in withholding access to the latest science from
Claimants, their attorneys and experts, violates the Claimants’ rights
to substantive and procedural due process, especially where the
Off-table injured, are denied the ability to adequately present and
argue their case. Intentionally withholding scientific developments
from vaccine Claimants whose right of recovery is dictated by Judges
appointed by the Secretary, in a Court controlled by the Secretary might
best be moved to Australia where kangaroos are an indigenous species.

Walter, thank you so much for saying that. That’s the legal crux of the entire vaccine issue, I think. So?

Under the Act, as presently interpreted by the Supreme Court, claimants
are barred from challenging the relative safety of one vaccine, compared
to the safety of another vaccine, in suits against vaccine
manufacturers. The definition of “safety” of a vaccine depends on the
HHS Secretary’s discretionary decision to not clinically investigate
reactions to any given vaccine. The Secretary routinely chooses to not
investigate the safety of vaccines where adverse reactions are reported
and this discretionary decision may not be challenged under the FTCA.

But I do not believe Congress intended to grant the Secretary, nor does
the Secretary have the discretionary authority to block a Claimant’s
access to the latest scientific technology in order to prove a claim,
where the science may be the only possible means for direct proof and
Claimant’s Constitutional right to a “redress of grievances” and access
to state courts has been limited by the Vaccine Act.

How outrageous! And innocent infants, toddlers, teenagers, and adults suffer!

Don’t forget the taxpayers. Access to the science should streamline and
make the claims process less confrontational and more
succinct…eliminating fees for experts and lawyers and saving
money…although it could open the door to more claims, it could also
close the door on others…but at least it can now provide answers to
parents with doubts. If vaccines are so safe as the proponents claim,
there should be no objecting to implementing and analyzing information
gleaned from these advances in meta-genomics and high through-put
sequencing. Most suspect their concerns are that the vaccines are not
as safe as “advertised.”

However, where the vaccine is improperly made in violation of specific
regulations, the discretionary function exception does not apply under
the FTCA.

Under the Vaccine Compensation Act, Congress clearly intended that
people injured by vaccines should recover damages by merely proving that
a vaccine caused the injury without needing to show the warnings given
were inadequate or that the vaccine was improperly made. All that needs
to be proven is that the vaccine caused the injury.

Congress also intended that recovery be quick and non-confrontational.

Now wait a minute, Walter. Talk to any parent who’s tried to get a vaccine claim filed. Continue.

Neither of which has been followed since the early days of the Vaccine
Compensation Program and the “deck,” unfortunately, has been stacked
against Claimant’s recovery.

You said it!

In
Loge v. United States my proposed action against the HHS Secretary
under the jurisdiction of a “Constitutional Tort Claim” for an invasion
of the mother’s right to privacy for being exposed to and immunized with
a untested and unsafe “shed” polio virus vaccine pursuant to a
government program to immunize people without their knowledge, or
consent, and against their free will was rejected by the Eighth Circuit
Court of Appeals.

I was later informed, however, that the FDA was very concerned about
this approach, which followed the logic found in Bivens v. Six Unknown
and Unidentified Federal Narcotics Agents. Loge was allowed to proceed
under the claim that the original vaccine, itself, failed to pass
mandatory safety regulations and ultimately settled.

May I ask a ballpark figure, or can’t that award be disclosed?

The amount is immaterial. There is not enough money to compensate a
mother for the loss of her legs when her first and, as a consequence,
only infant is three months old.

I suggest that any childhood immunization is a per se invasion of the
recipients privacy since the child cannot provide meaningful consent.
Hence the Secretary’s action to block access to technology [LLMDA] that
could both predict reactions before they occur or prove causation when
they occur is a violation of the child’s right to privacy and the basis
for a Constitutional Tort Claim against the Secretary of HHS.

The Secretary’s actions in blocking use or this technology for
diagnostic purposes violates the rights of Claimants under the Vaccine
Injury Act to their rights of procedural and substantive due process and
effectively eliminates their Constitutional right to “redress of
grievances” and access to the state courts.

Pardon me for interrupting you, Walter, but I need to applaud that statement.

We now know that many vaccines carry previously unidentified agents
(i.e. simian herpes viruses and immunodeficiency viruses (OPV/IPV),
Baboon endogenous retrovirus (BERV) and human endogenous retrovirus k
(HERV-k) in MMR vaccines and those are the tip of the iceberg.

Walter, MMR has been suspect for a long time in parents’ minds.
Parents have stated that when a child receives the MMR vaccine, that’s
when the problems begin.

As a class, infants and children forced to receive immunizations under
the FDA threat of withholding education to States that do not exercise
their “police powers” to require immunizations for school entry, are the
most vulnerable, innocent, and unprotected group in our society. As a
group they are also our nation’s greatest assets.

Where’s the problem, as you assess it?

At VRBPAC the government abdicated all control and oversight of vaccine
substrates to the pharmaceutical manufacturers in an apparent attempt to
side step liability for any future contaminants that might travel
within vaccines.

Unless Congress requires that all vaccines distributed in the United
States be screened using the latest scientific technology available and
making that information public record, more chicanery from
manufacturer’s such as Merck, which recently was exposed as falsifying
efficacy data in a whistleblower’s lawsuit [[Civil Action No.10-4374,
U.S. District Court for the Eastern District of Pennsylvania filed
August 27, 2010] is certain to occur …and efficacy is one baby-step away
from safety.

So, what does that portend for the future of vaccinations?

With such information public record, or at a minimum available to any
claimant alleging injury following immunization, and any claimant having
access to the latest scientific methodology to assess their claims, is
the only way to assure a safe vaccine program and the only way to
justify mass immunizations of our children.

Having these tools available should streamline the vaccine claims
process and ultimately, obviate protracted litigation. If vaccines are
so safe, as proclaimed by the FDA, it would eliminate recovery by
Claimants who do not suffer from vaccine derived injuries.

Where
the FDA has abdicated substantial authority to vaccine manufacturers on
substrates, and claimants lack access to such knowledge and information
as a result of FDA’s actions, it is only fair that this technology be
made available to all Claimants and all physicians investigating the
etiology of any disease or malady suffered by children who have been
immunized or in close contact with other immunized children.

Finally, I suggest that authority over the nation’s vaccine program be
removed from the Secretary of HHS and be given to a new Cabinet level
appointment who is independent of pharmaceutical company influence or
control.

Walter, this has been a most amazing interview, for which I thank
you. I’m certain our readers’ minds will be blown. However, more than
anything, I truly hope and pray some members of Congress read this and
take the necessary actions to correct and neutralize the apparent
conspiracy involving vaccines in federal government agencies. Again,
thank you!

Notes:
[1] http://www.hrsa.gov/vaccinecompensation/vaccinetable.html

A note to Readers:

Please send a copy of this article to your U.S. Senators and Congressmen
and women in Washington, DC. Furthermore, I request that you ask every
person running for elected office the following question:
<blockquote class="tr_bq">Would you support the movement to force the
FDA to make the latest scientific tests available to the public for
evaluation of vaccines sold in the USA, and allow parents who suspect
their child had a vaccine reaction to have open access to the diagnostic
technology LLMDA for diagnostic purposes?” </blockquote>Let’s make FDA accountable to those whom it is supposed to protect, not Big Pharma.

Source:-
http://www.activistpost.com/2012/08/exposing-fdas-vaccine-injury-cover-up.html