HR0762 101ST GENERAL ASSEMBLY

HR0762 LRB101 20784 MST 70476 r

HOUSE RESOLUTION

WHEREAS, The U.S. Congress passed into law the National Childhood Vaccine Injury Act of 1986, which states that no "vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings"; and

WHEREAS, In 2011, the United States Supreme Court ruled in Bruesewitz v. Wyeth that the "National Childhood Vaccine Injury Act pre-empts all design-defect claims against vaccine manufacturers brought by plaintiffs who seek compensation for injury or death caused by vaccine side effects"; and

WHEREAS, Our individual human rights should outweigh the profits of pharmaceutical companies, and individuals should have the ability to hold vaccine manufacturers liable for design defects that result in adverse side effects from vaccines; and

WHEREAS, The European Union has found a way to allow evidence-based lawsuits to hold vaccine manufacturers liable without destabilizing the European health care system; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Congress of the United States to pass, and the President to sign, legislation removing 42 U.S.C. 300aa-22(b)(1) from law and allowing design defect claims against vaccine manufacturers by individuals who have experienced adverse side effects caused by vaccines; and be it further

RESOLVED, That suitable copies of this resolution be delivered to the President of the United States, the U.S. Senate Majority Leader, the U.S. Speaker of the House of Representatives, each member of the Illinois Congressional Delegation, and the U.S. Secretary of Health and Human Services.