Jacobson v. Massachusetts: Why It Should Be Scuttled — The SCOTUS 1905 Decision Is Obsolete And Needs A Certiorari Brief Filed (Part 2 of 3)
A Monograph Edited by Catherine J Frompovich & Laraine Abbey-Katzev, RN emeritus, MS, CNS
“Where the law is most strictly administered,
it sometimes causes the greatest wrong.”
Legal Maxim Quotes
1 – Fraud at CDC/FDA
Fraud, propagation of deliberately deceitful vaccine research and epidemiological information and categorical consensus science dishonesty and deliberate misinformation are routine culture practices within the CDC that, apparently, also are intentionally perpetuated by FDA regarding many pharmaceuticals, specifically vaccines.
Historically, vaccine misinformation has been perpetrated upon unsuspecting healthcare consumers since the very beginning of the attempt to vaccinate to prevent communicable diseases starting with the Edward Jenner variola virus/smallpox fiasco in the late 1700s.
Widget not in any sidebars
However, Big Pharma’s and vaccine manufacturers’ current plans for new vaccines—almost 300 in the pipeline—go beyond infectious communicable diseases into the unknown biological, physiological and immunological areas of genetically reprogramming and regulating individual human immune systems to deviate from the evolutionary immune system humans have inherited over millennia, including individual proprietary DNA/RNA and genetics—something that should not receive a carte blanche approval, acceptance nor implementation due to various unknowns involved when geoengineering and tinkering with human genomes, a relatively new comer in science, are predominating factors.
Classic examples of documented CDC and Pharma vaccine fraud
A. Simpsonwood Meeting to discuss the CDC epidemiologist Thomas Verstraeten’s [MD, MSc] findings in 1999 indicating the MMR vaccine DID contribute to Autism. Instead of issuing a public health alert and stopping the administration of the Thimerosal-laced (ethylmercury) MMR vaccine, the CDC called a clandestine meeting of 52-specially-invited attendees to discuss how to change or ‘correct’ those findings. That meeting was held June 7-8, 2000 in the Simpsonwood Retreat Center in Norcross, Georgia. The transcript of that meeting can be read at http://thinktwice.com/simpsonwood.pdf. It confirms the CDC/Big Pharma and World Health Organization attendees’ discussions and their unanimous agreement to send Dr. Verstraeten back to the drawing board to massage his findings and data so that the MMR vaccine study shows it does not cause Autism, which Verstraeten was able to accomplish and CDC published.
B. CDC’s funding of the Poul Thorsen (MD, PhD) Danish studies whereby Thorsen and CDC colleagues Coleen Boyle and Diana Schendel, plus Rosemary D. Higgins (NICHD/NIH), apparently collaborated unlawfully to use data sets they were not entitled nor permitted to use to generate the ‘classic’ study indicating the MMR vaccine does not cause Autism in Danish children.
These officials have never made public that both the Validity of childhood autism in the Danish Psychiatric Central Register (JADD 2010) and the A population-based study of measles, mumps, and rubella vaccination and autism (NEJM 2002) studies were conducted and results published without legally-required ethics clearances. (Source: World Mercury Project)
In addition to the fraud, theft and ethical violations, the research team in the Thimerosal and the occurrence of autism: negative ecological evidence from Danish population-based data (Pediatrics, 2003) study made a conscious effort to guarantee the outcome the CDC was expecting. Thorsen’s team changed the protocol mid-stream specifically to change the outcome. They eliminated the entire 2001 birth cohort from the study. (Source: World Mercury Project) Pg.3 [Emphasis added]
“In 2011, the Department of Justice indicted Thorsen on 22 counts of wire fraud and money laundering for stealing over $1 million in CDC grant money earmarked for autism research.” World Mercury Project
The United States Attorney in the North District of Georgia, after presenting the evidence to a grand jury, issued an indictment on April 13, 2011 (Exhibit 7), two years after the Danish police met with Dr. Coleen Boyle. If convicted on all counts, and given maximum sentences running consecutively, Poul Thorsen could be sentenced to 350 years in prison and $22.5 million in fines.
The Criminal Indictment No. 1: 11-C R-194 United States of America v. Poul Thorsen (Exhibit 8) states that beginning around February 2004 and continuing through February 2010, Thorsen, “aided and abetted by others known and unknown, did knowingly devise and intend to devise a scheme and artifice to defraud and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises and omissions of material facts, well knowing and having reason to know that said pretenses, representations and promises were and would be false and fraudulent….” (Source: World Mercury Project) Pg. 7
C. Merck & Company former employees’ qui tam lawsuit in Philadelphia, PA Federal Court accusing Merck of fudging efficacy results for the Mumps active in its MMR vaccine for almost ten years by adding rabbit blood antibodies.
Massive Fraud In Merck MMR Vaccine Testing
Merck’s Measles-Mumps-Rubella (MMR) vaccine is under fire following allegations of wrongdoing from several parties, namely two former Merck scientists-turned-whistleblowers. A third whistleblower is a senior scientist at the Centers for Disease Control (CDC), who has confessed to misconduct involving the same MMR vaccine. United States v. Merck & Co.
The third, a senior CDC scientist, indirectly blew the whistle on Merck as it was really directed at his own actions as well as his CDC colleagues that were part of a 2004 study that involved the MMR vaccine. In this case the claims involve a cover-up of data that showed higher rates of autism in African-American boys after receiving the MMR vaccine.
The CDC, therefore, fraudulently disseminated MMR vaccine efficacy rates to the World Health Organization, international health agencies and U.S. federal and state health agencies regarding actual/factual and ineffective efficacy of the Mumps active in the MMR vaccine thereby enabling Merck & Company to maintain its MMR vaccine monopoly.
D. CDC epidemiologist whistleblower William Thompson, PhD, admitted to fraud in the 2004 CDC MMR vaccine study when CDC researchers were told, and actually did, throw data sets indicating Autism from the MMR vaccine in young black boys less than three years of age into a huge trash can for proper disposal by the CDC. That conspiracy and fraudulent research activity is documented in the film VAXXED, From Cover-up to Catastrophe [Vimeo trailer with Dr. Thompson’s recorded telephone conversations confirming criminal epidemiological collusion and falsified CDC activities.]
E. U.S. Congress member, Representative Bill Posey (R-8-Florida) Calls for Investigation of the CDC’s MMR Fraud Research divulged by William Thompson, PhD.
CDC whistleblower William Thompson turned over to Rep. Posey almost ten thousand documents regarding the above fraud at the CDC and also made a plea before Congress on July 29, 2015 for an investigation into that CDC fraud, which is documented in this C-SPAN video.
No such hearing Rep. Posey requested has been held as of April 30, 2018? Why—and how come—is Congress complicit in perpetuating the fraudulent and selected “consensus science” generated by the CDC?
F. CDC Director Julie Gerberding, MD, apparently played a key role in the cover-up of the 2004 CDC MMR vaccine study fraud, listed above.
Dr. Julie Gerberding, MD, was CDC’s Director until she resigned and then ‘advanced’ on to the job of Merck & Company’s Vaccine Division PRESIDENT, proving the “revolving door culture” that exists between Big Pharma and federal health agencies, especially FDA and the CDC.
CDC epidemiologist and whistleblower William Thompson, PhD, tells how he went to Dr. Gerberding telling her what was going on with the MMR/Autism study finding Autism implications in young black boys less than three years of age.
Dr. Thompson was the lead researcher on that 2004 Autism project. Therefore, he was supposed to deliver the epidemiological findings at a conference. He was pulled from the project; it was given to Dr. Frank DeStefano, who delivered the fraudulent results at the conference, while the rest of the story is divulged in the documentary VAXXED, From Cover-up to Catastrophe
[Vimeo trailer https://vimeo.com/159566038 ]
2 – Autism Spectrum Disorder 1:36 in 2018, whereas Autism was 1:10,000 to 15, 000 in the 1970s
Autism was first reported in the medical literature as the “Kanner syndrome,” which Johns Hopkins, Austrian-born, American psychiatrist Leo Kanner first described based upon 11 of his child patients during the years 1932 and 1943, which Dr. Kanner discussed in his 1943 paper.
Autism was reported as one in 10-to-15 thousand in the 1960s-1970s. As late as June of 2005, Autism in the Amish population around Middlefield, Ohio, was one in 15,000. The Amish do not vaccinate their children.
However, with the CDC/FDA vaccine schedule increases over the years, concomitantly and coincidentally, Autism Spectrum Disorder (ASD) rates have increased to the current rate of one in 36 children in the USA! Is The CDC Scheming For Another Autism Scandal Or Cover-up? 
Vaccination Increases Over the Years
4 vaccines in 1940—DTP and Smallpox
9 vaccines in 1980—5 doses DPT by 5 years; 3 doses polio by 6 months; MMR 12 months
14 vaccines in 2012—49 doses by age 6
2018 vaccine schedule
Measles vaccine introduced in 1963!
3 – Vaccine schedules were as follows in: 1940s; 1950s; 1960s; 1970s, when combination vaccines were introduced ; 1985 to 1994, when combination vaccines plus the HIB vaccine were given; 1994-1995 combination vaccines, HIB plus Hepatitis B were added; 2005 to present combination vaccines, HIB, Hep B plus 5 new vaccines ; plus several “catch-up vaccines” for adolescents per the schedule in ; including additional vaccine schedules for adults .
In 2018 children receive 76 doses of vaccines!
4 – With the introduction of combination vaccines, NO verifiable third party documentation nor CDC/FDA studies per se regarding safety of giving up to 9 vaccines at one time have been undertaken; whereas, “systematic reviews” are not sufficient “evidence based medicine” since no prospective, retrospective or long-range studies have been performed by CDC/FDA, nor any vaccinated versus unvaccinated population health studies, and/or studies determining vaccine safety from using combination vaccines.
The chart below indicates imperative vaccine data, which must not be overlooked: Childhood Chronic & Developmental Disability Prevalence. In 1986, prevalence was 12.8% whereas in 2011, it was 54%, a 4.2 times increase, which “twins” the number of vaccines administered in the 2017 schedule!
A Rand Corporation, VA Greater Los Angeles Healthcare System-University of California (LA) and affiliates at Boston Children’s Hospital study reached this Conclusion in a paper published in Pediatrics Journal:
“CONCLUSIONS: We found evidence that some vaccines are associated with serious ADs [adverse events]; however, these events are extremely rare and must be weighed against the protective benefits that vaccines provide.”
Note: Those ADs can be eliminated if PCR (polymerase chain reaction) tests were to be performed on infants/toddlers prior to their very first vaccination, which arbitrarily is administered within 24 hours of birth for Hepatitis B, a disease contracted from using unsanitary drug needles and unprotected sexual conduct—something NO newborn, infant, or toddler is capable of doing. However, the Hep B vaccine contains various toxic ingredients, i.e.
MRC-5 human diploid cells [aborted fetal cell line], formalin [<15 mcg/mL residual formaldehyde], aluminum phosphate, aluminum hydroxide [0.5 mg of aluminum (provided as amorphous aluminum hydroxyphosphate sulfate, previously referred to as aluminum hydroxide), amino acids, sodium chloride, phosphate buffer, polysorbate 20 [Tween 20 a surfactant used in cleaning products], neomycin sulfate [antibiotic], yeast protein [prepared from recombinant yeast cultures, is free of association with human blood or blood products].
The above toxic ingredients are syringed into a newborn infant, whose immune system is not fully developed, nor functionally 100 percent, until around 2+ years of age. The immune system is designed to protect the body from foreign substances. Aren’t those chemicals listed in Recombivax® either neurotoxic or foreign man-made chemicals to a newborn baby?
What are they doing ‘vaccinating’ a newborn with such toxic ingredients, especially that amount of aluminum?
If the above vaccine protocol is CDC’s consensus science, then the CDC ought to be put out of business and prosecuted for crimes against science and humanity—children, in particular!
5 – Notably, in the above “evidence based medicine” Pediatrics Journal article, researchers did not consider, nor include, nor factor into their combination vaccine ‘safety’ research of the VAERS (Vaccine Adverse Event Reporting System) comprehensive data, nor did they include the payouts for vaccine damages paid to vaccinees and claimants by the HRSA division of Health and Human Services totaling $3,560,341,200.85 as of January 1, 2018. On Page 5 of Vaccine Compensation Data report, combination vaccines have the greater number of “Injury-Death” Petitions filed:
*Since Influenza vaccines normally contain several strains of flu viruses (3 or 4, i.e. “Quadrivalent vaccines”), they ought to be considered as “combination vaccines.”
6 – Vaccines per vaccine package inserts indicate they have not been tested for carcinogenicity, interfering with fertility, nor teratogenicity [cause birth defects]. The standard terminology for such candor is found in the Merck and Company MMR vaccine package insert under:
Carcinogenesis, Mutagenesis, Impairment of Fertility
M-M-R II has not been evaluated for carcinogenic or mutagenic potential, or potential to impair fertility.
Why, then, should unproven vaccines be mandated to be given to healthy individuals as criteria for admittance to day care, school, places of employment, etc., when the original polio vaccine was found to contain the cancer causing virus, SV-40, as confirmed by a congressional September 10, 2003 hearing and report. That cancer virus was first discovered in the polio vaccine in 1960, many years after it had been given to U.S. children. It’s estimated that up to 98 million persons may have been inoculated with the SV-40 cancer virus in the polio vaccine.
“Recently, investigators have provided persuasive evidence that SV40 is present in human ependymomas, choroid plexus tumors, bone tumors, and mesotheliomas, however, the etiologic role of the virus in tumorigenesis has not been established.”
Proof of cancer-causing viruses in vaccines is discussed in this candid video by Dr. Maurice Hilleman, MD, premiere vaccine inventor for Merck & Company.
“The presence of SV40 in monkey cell cultures used in the preparation of the polio vaccine from 1955 through 1961 is well documented. [….]
MATERIALS AND METHODS:
Using data from SEER, we analyzed the incidence of brain tumors, bone tumors, and mesotheliomas from 1973-1993 and the possible relationship of these tumors with the administration of the SV40 contaminated vaccine.
These data suggest that there may be an increased incidence of certain cancers among the 98 million persons exposed to contaminated polio vaccine in the U.S.; further investigations are clearly justified.
The above confirmation of finding the SV-40 virus in human tumor assays, as published in 1999, indicates a total ineptness and unreliability of vaccines and vaccine research and that there are either unknown or deliberately non-divulged disease factors present in vaccines, especially since mycoplasmas are known to infect many vaccines, plus hidden viruses, which can come from foreign DNA or animal products used to grow vaccines.
Vaccine Ingredient Labels OMIT listing mycoplasmas and viruses, which is not in compliance with Patient Informed Consent, medical ethics and accurate “state-of-the-art” science.
Also, not included in vaccine ingredient labels are the following ingredients:
- Nanoparticles [technology-produced and man-made “proprietary, patent-necessary” ingredients] totally foreign to human biochemistry
- Genetically modified and produced proprietary ‘ingredients’ for patent purposes
- Glyphosate, the key herbicide ‘active’ in Roundup®, which has been found and confirmed in numerous vaccines per the work of Dr. Anthony Samsel, PhD.
- Samsel’s video explains what he found in vaccines, including that he reported the glyphosate findings in vaccines to the CDC, FDA, NIH and World Health Organization
- No consumer health alert has been issued by the CDC/FDA regarding glyphosate found in vaccines! That, of itself, IS a very serious health agency default and legal-medical concern requiring legal action against vaccine makers and federal health agencies regarding correcting product default liability.
Besides the above ‘unknown’ SV-40 and mycoplasmas found in vaccines, numerous vaccines upon post-marketing were found to contain numerous viruses, e.g.:
- The Measles vaccine Ateunuvax® was contaminated with avian leucosis (myeloid leucosis cancer virus) and the avian endogenous retrovirus.
- In the MMR-II® vaccine, there were avian endogenous retrovirus and human endogenous retrovirus K contaminants.
- The Herpes 3 vaccine Varivax® was contaminated with the human endogenous retrovirus K from being grown on the aborted fetus cell line MRC-5.
- The Rubella vaccine Meruvax II® was contaminated with the human endogenous retrovirus K from being grown on aborted fetus cell line WI-38, known as diploid cells taken from human fetal lung cells.
- The Yellow Fever vaccine Yfax® grown on chicken embryo, contained avian endogenous retrovirus.
- Veterinary vaccines also are contaminated with avian viruses and the torque teno virus (TTV), which has a strong link with the PCV (pig) virus.
Viruses contaminating vaccines are considered ‘garbage’ viruses, which sometimes produce proteins that can be toxic in specific tissue.-
7 – African Roman Catholic Bishops protested the findings of the pregnancy hormone HCG (Human Chorionic Gonadotropin) in the tetanus toxoid vaccine that was being administered to child-bearing-age (14 to 49 years old) females in Kenya, and which has been attributed to the ability to cause pregnancy miscarriages, thereby effectuating an “anti-fertility campaign.”
But with this anti-tetanus campaign, “only a few operatives from the government are allowed to give it out. They come with a police escort. They take it away with them when they are finished. Why not leave it with the local medical staff to administer?” [….]
LifeSiteNews has obtained a UN report on an August 1992 meeting at its world headquarters in Geneva of 10 scientists from “Australia, Europe, India and the U.S.A” and 10 “women’s health advocates” from around the world, to discuss the use of “fertility regulating vaccines.” It describes the “anti-Human Chorionic Gonadotropin vaccine” as the most advanced.
The National Assembly’s Dr. Pukose issued a stern warning after announcing the joint investigation, saying, “Those found to have been misleading Kenyans, whether it is the experts advising the Catholic Church or the Ministry of Health, will be held individually accountable. Playing with the safety and health of Kenyans is a criminal matter.”
8 – In Merck & Company’s MMR vaccine package insert, it specifically states:
Pregnancy should be avoided for 3 months following vaccination, and patients should be informed of the reasons for this precaution (see INDICATIONS AND USAGE, Non-Pregnant Adolescent and Adult Females, CONTRAINDICATIONS, and PRECAUTIONS, Pregnancy).
Where Proper Patient Informed Consent and Vaccine Package Labeling are lacking and absent, plus not given to prospective vaccinees and/or their parents/guardians, that legally affects and negates the validity of the 1905 Jacobson decision.
Pertinent facts were missing from vaccination protocols in 1905, which are relevant currently. Those important parameters were/are missing back in 1905, which were neither relevant, nor existent, nor considered by SCOTUS.
Therefore, Jacobson currently should not be considered enforceable case law, since totally different facts and specific subsequent fraudulent activities regarding vaccine research on the part of federal government health agencies (CD/FDA) adversely impact Jacobson’s decree, something not factored in the 1905 decision.
Those seriously remiss medical-legal actions by those who manufacture, approve and license (CDC/FDA), plus physically administer [medical professionals] vaccines jeopardize community health and increase the costs of healthcare due to resulting adverse events from vaccines, something Jacobson never considered in its 1905 decision.
The legal challenges to Jacobson
The CDC’s vaccine protocols, including appropriate U.S. case law, must be revisited and enforce “fully informed patient consent” for healthcare consumers regarding vaccines, inoculations, and factual immunity information, and not promote, deliver and enforce deliberately fraudulent “consensus science.”
Furthermore, and most importantly, there is legal precedent at law regarding the use of new, updated, and heretofore unknown technology that is being used daily to exonerate innocent persons convicted of crimes they did not commit, but have been sentenced for and served years in prison, which sets a precedent for revising Jacobson.
That technology is DNA sequencing, “the process of determining the precise order of nucleotides within a DNA molecule. It includes any method or technology that is used to determine the order of the four bases—adenine, guanine, cytosine, and thymine—in a strand of DNA,” which is unique to every individual.
DNA sequencing has been used to determine guilt or innocence with many ‘convicted felons’ released from prison after serving decades incarcerated. DNA sequencing has been in use since 1984.
Another newly updated legal process is the clearing of one’s name and record for crimes committed as a juvenile. It’s called “Criminal Record Expungement.”
If U.S. law is really dedicated to justice, especially criminals illegally convicted of crimes as illustrated in the above examples, then why is U.S. law still enforcing a 1905 legal decision which supports 52 vaccine patents the CDC owns?
Jacobson is outdated due to early 20th century mores of the time, with no considerations for current demanding issues, for which there’s a preponderance of evidence for legal reforms needed due to government health agencies’ criminal fraud and collusion?
Continued in Part 3
Link to Part 1
This monograph is an open-access article distributed under the terms of the Creative Commons Attribution License
 http://www.chop.edu/centers-programs/vaccine-education-center/vaccine-history/developments-by-year [Smallpox, Diphtheria, Tetanus, Pertussis]
 Ibid [Same 4 listed above plus Polio]
 Ibid [Same 5 listed above plus Measles, Mumps, Rubella]
 Ibid [Combination Vaccines introduced, i.e., DPT and MMR]
 Ibid [Combination Vaccines as in 4 plus HIB vaccine]
 Ibid [Same vaccines as in 5 above, plus Hepatitis B vaccine]
 Ibid [Same vaccines as in 6 above, plus Varicella, Hepatitis A, Pneumococcal, Influenza, Rotavirus]
 Ibid [Same vaccines as in 7 above, plus “catch-up,” “sub-groups” and “recommended vaccines”]
 http://www.chop.edu/centers-programs/vaccine-education-center/age-groups-and-vaccines/adults [Age Groups and Vaccines: Adults]
 https://www.cdc.gov/vaccines/pubs/pinkbook/downloads/appendices/B/excipient-table-2.pdf Pg. 2
 http://www.merck.com/product/usa/pi_circulars/r/recombivax_hb/recombivax_pi.pdf for italics information
 Pediatrics 2014;134:1–13
 https://www.hrsa.gov/sites/default/files/vaccinecompensation/data/statisticsreport.pdf Pg. 9
 Ibid. Pg. 5
 http://www.merck.com/product/usa/pi_circulars/m/mmr_ii/mmr_ii_pi.pdf Pg.6
 Vaccination Voodoo, What YOU Don’t Know About Vaccines [Pg. 86] https://www.amazon.com/Vaccination-Voodoo-What-About-Vaccines/dp/1484923820
 http://www.merck.com/product/usa/pi_circulars/m/mmr_ii/mmr_ii_pi.pdf Pg. 5
Catherine J Frompovich (website) is a retired natural nutritionist who earned advanced degrees in Nutrition and Holistic Health Sciences, Certification in Orthomolecular Theory and Practice plus Paralegal Studies. Her work has been published in national and airline magazines since the early 1980s. Catherine authored numerous books on health issues along with co-authoring papers and monographs with physicians, nurses, and holistic healthcare professionals. She has been a consumer healthcare researcher 35 years and counting.
Catherine’s latest book, published October 4, 2013, is Vaccination Voodoo, What YOU Don’t Know About Vaccines, available on Amazon.com.
Her 2012 book A Cancer Answer, Holistic BREAST Cancer Management, A Guide to Effective & Non-Toxic Treatments, is available on Amazon.com and as a Kindle eBook.
Two of Catherine’s more recent books on Amazon.com are Our Chemical Lives And The Hijacking Of Our DNA, A Probe Into What’s Probably Making Us Sick (2009) and Lord, How Can I Make It Through Grieving My Loss, An Inspirational Guide Through the Grieving Process (2008)