Unavoidably Unsafe


Vaccines are currently classified by American tort law as “unavoidably unsafe” due to the injuries and deaths resulting from their unavoidable side effects. See, United States Supreme Court ruling in Bruesewitz v. Wyeth LLC, 562 U.S. 223, 254-55, 131 S. Ct. 1068, 1089 (2011):

“The 1986 Report expressly adopts comment k of § 402A of the Restatement of Torts (Second) (1963-1964) (hereinafter Restatement), which provides that “unavoidably unsafe” products–i.e., those that ‘in the present state of human knowledge, are quite incapable of being made safe for their intended and ordinary use’–are not defective. As ‘[a]n outstanding example’ of an ‘[u]navoidably unsafe’ product, comment k cites ‘the vaccine for the Pasteur treatment of rabies, which not uncommonly leads to very serious and damaging consequences when it is injected’; ‘[s]ince the disease itself invariably leads to a dreadful death, both the marketing and the use of the vaccine are fully justified, notwithstanding the unavoidable high degree of risk which they involve.’ Id., at 353. Comment k thus provides that ‘seller[s]’ of ‘[u]navoidably unsafe’ products are ‘not to be held to strict liability’ provided that such products ‘are properly prepared and marketed, and proper warning is given.’”

The correct synonym for “unsafe” is “dangerous”.

Merriam Webster Dictionary (2020). https://www.merriam webster.com/dictionary/unsafe (“Synonyms for unsafe: dangerous, grave, grievous, hazardous, jeopardizing, menacing, parlous, perilous, risky, serious, threatening, unhealthy, venturesome”).

“Dangerous: 1: involving possible injury, pain, harm, or loss : characterized by danger, 2: able or likely to inflict injury or harm”

Merriam Webster Dictionary (2020). https://www.merriam-webster.com/dictionary/dangerous

Dangerous vaccines are kept on the market and shielded from liability because in 1986, Congress passed special interest legislation favoring the international pharmaceutical industry.

Merriam Webster Dictionary (2020). https://www.merriam-webster.com/dictionary/dangerous

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