LITIGATION
Updated 8-7-11 

• Cloer v. HHS, U.S. Fed. Court of Appeals, August 5, 2011. Appeal from the U.S. Court of Fed. Claims. The majority in the U.S. Federal Court of Appeals strains to rationalize that Melissa Cloer, MD, whose MS developed gradually over a period of years following administration of a Hep B vaccine, is denied the opportunity to pursue a claim for compensation with the Vaccine Injury Compensation Program, because the statute of limitations was not tolled even though Dr. Cloer was not in a position to know that her condition might be vaccine-related until years after receiving the vaccine. That is, the statute of limitations on vaccine injury cases runs even if the injured person has no knowledge, and could not reasonably be expected to have knowledge, that the injury is vaccine-related. This ruling is contrary to statutes of limitation generally, and to the plain language and Congressional intent of the VICP, according to the dissent's persuasive opinion. 
• Workman v. Mingo County Board of Education, March 22, 2011. The Fourth Circuit affirmed the U.S.District Court for the S. District of WV, which ruled that a West Virginia mother's constitutional rights were not violated when the public school refused to admit her daughter without state required immunizations. The mother objected on both medical and religious grounds. The court opinion is "unpublished," which means it is not binding precedent. 
• Bruesewitz v. Wyeth, LLC, February 22, 2011. The U.S. Supreme Court ruled that the National Childhood Vaccine Injury Act of 1986 (NVICA) preempts all design-defect claims against vaccine manufacturers for vaccine injuries. See Attorney Phillips' commentary at Liberty News Radio here. 
• Court of Appeals for the Federal Circuit rules on vaccine injury statute of limigations: The Court ruled that "where the medical community at large does not recognize that a symptom is related to a vaccine and the claimant has not received medical information suggesting a connection . . . the statute of limitations does not begin running . . ." This may enable non-table injuries such as autism to be filed despite the lapse of time for table injuries. See Cloer v. Sec. of HHS, May 6, 2010
• 'Vaccine Court' rejects mercury-autism link in 3 test cases (article), Los Angeles Times, March 12, 2010 
• Babara Loe Fisher v. Paul Offit, M.D., 09 CV 1398
  (civil case: defamation; dismissed 3-10-10)
• FDA Petition and Federal District Court Case to Stop Licensing of Swine Flu Vaccine
  (civil case: injunction)
• Co-MeD v. U.S. Sec. of HHS and FDA Commissioner
  (civil case: injunction) 
• Tim Vawter v. Federal Government, Civil Action No. 09-3803 (JAP)
  (civil case: injunction; dismissed 10-2-09) 

• This is a defamation lawsuit by the NVIC's Barbara Loe Fisher for Dr. Offit's claim in Wired Magazine that Ms. Fisher "lies" about vaccines.
• Filed: December 23, 2009
• See the complaint here.
• UPDATE: Case Dismissed, March 10, 2010. Read the Memorandum Opinion.
  

• Health Freedom Citizens Petition to FDA: STOP the "Swine Flu" Vaccine Rush to Approval
  (Organic Consumers Association article). This FDA Petition was a prerequisite to the subsequently filed Complaint in D.C. Federal District Court.
• Stop the Shot Complaint for Injunction filed in DC District Court Today! 
  (Aloha Analytics article, 10-9-09) 

• This was a 2009 injunction that asked the Court: (1) To stop the vaccination of pregnant women with any mercury-preserved flu vaccine, and (2) To stop the Secretary of Health and Human Services and the Centers for Disease Control and Prevention from recommending the vaccination of any pregnant woman with a mercury-preserved flu shot. The case in pending at this time. 
• August 24, 2009 Press Announcement 
• Co-Med Website for Mercury-Free Drugs 

• This was an injunction filed in NJ federal district court to halt swine flu vaccines in the summer of 2009.