Brownstone Journal

How Long Has Industry Captured Vaccine Regulation?


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By Jeffrey A. Tucker at Brownstone dot org.
Among the many incredible revelations over the past five years is the extent of the power of the pharmaceutical companies. Through advertising, they have been able to shape media content. That in turn has affected digital content companies, which responded from 2020 onward by taking down posts that questioned the safety and efficacy of Covid vaccines.
They have captured universities and medical journals with donations and other forms of financial control. Finally, they are far more decisive in driving the agenda of governments than we ever knew. Just for example, we found out in 2023 that the NIH shared thousands of patents with pharma, with a market value approaching $1-2 billion. This was all made possible by the Bayh-Dole Act of 1980, which was pushed as a form of privatization but only ended up entrenching the worst corporatist corruptions.
The hold over governments was cemented with the National Childhood Vaccine Injury Act of 1986, which granted a liability shield to the makers of products that appear on the childhood schedule. The injured are simply not permitted to fight it out in civilian courts. No other industry enjoys such sweeping indemnification under the law.
Pharma today arguably competes with the military munitions industry in its hold over power. No other industry in human history has managed to close the economies of 194 countries to force most of the world's population to wait for its inoculation. Such power makes the East India Company, against which the American founders revolted, look like a corner grocery by comparison.
There is ample talk about how much pharma has suffered since its vaunted product flopped. But let's not be naive. Their power is still ubiquitously on display in every sector of society. The fight at the state level for over-the-counter therapeutics - and for medical freedom for the citizenry - reveals the scope of the challenges ahead. The reformers that now head agencies in Washington are fighting daily through a thicket of influence that goes back many decades.
Just how far in the past does this power extend? The first federal effort to push vaccination - however primitive and dangerous - was from President James Madison. "The Act to Encourage Vaccination" of 1813 required that smallpox vaccines be given away for free and properly delivered to anyone who requests them. As injury and death piled up, and amidst cries of profiteering and corruption, Congress acted decisively in 1822 to repeal the act.
The turning point in public opinion was what came to be known as the Tarboro Tragedy. The most reputed vaccinologist in the country and the official guardian of the vaccine, Dr. James Smith, had accidentally sent material containing live smallpox virus instead of cowpox vaccine to a physician in Tarboro, North Carolina. This caused a local smallpox outbreak, infecting around 60 people and resulting in approximately 10 deaths. This error damaged public and Congressional trust in the federal program's ability to safely handle and distribute vaccine matter.
The great promise of vaccination, which seemed to raise the possibility of the scientific eradication of deadly disease under the guidance of elite healers, had fallen into disrepute.
Even so, when the Civil War broke out in 1861, there was a push to get all soldiers vaccinated to stop deadly smallpox outbreaks. With that came a slew of injuries and deaths. Historian Terry Reimer writes:
"Unfavorable results from vaccination, or spurious vaccinations, were all too common. Even pure vaccine, obtained from official Army dispensaries, sometimes caused complications. Sometimes, faulty preservation of the crusts could have compromised their effectiveness. As is the case even with modern vaccines today, occasionally, the vaccine did not take, failing to produce the major reaction at the vaccination site that was expected. In other cases, the site of the vaccination became overly sore and swollen, and...
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