Introducing Guarding Liberty, Stand for Health Freedom’s newsletter for legislators, providing essential insight into the current forces influencing medical freedom, constitutional rights, and informed consent.
Stand for Health Freedom (SHF) is a national, nonpartisan grassroots organization representing close to one million advocates across the United States, and growing every day. We are proud to be a leading voice on issues that matter deeply to Americans: informed consent, parental rights, religious freedom, free speech and privacy.
Powered by an informed and engaged voting bloc, Stand for Health Freedom made a significant impact on statewide elections and the 2024 presidential race, paving the way for the Make America Healthy Again movement. As momentum grows, so does the need to ensure policymakers hear the truth firsthand.
Because health freedom issues are routinely ignored or censored by the mainstream press, we’re delivering the headlines straight to you, the policymaker.
We launch our first publication with an issue central to health freedom advocacy:
Product Liability
The Seventh Amendment preserves the right to a jury trial in federal civil “suits at common law” where the amount in controversy exceeds twenty dollars. Most states similarly protect civil jury trials in their constitutions, while a few provide the right by statute or rule. In addition, all 50 states recognize product-liability claims, by statute, common law, or both, with wide variation in scope, standards, and damages.
Product liability keeps capitalism honest by rewarding safe innovation, building consumer trust, and forcing transparency. Remove it and you stifle innovation, socialize harm, prioritize profits, and sideline the consumer.
In short, product liability helps ensure safer products and upholds a founding promise: the right to sue for redress in a free society.
Two federal laws curtail product-liability suits at the state level:
- The National Childhood Vaccine Injury Act (NCVIA) of 1986 channels vaccine-associated injury and death claims into the Vaccine Injury Compensation Program (VICP).
- NCVIA was passed not because vaccines are safe, but because Congress was aware people would invariably be injured or killed by these products.
- These vaccines were licensed absent gold-standard science: no inert placebos, no long-term safety data, and no studies on how ingredients interact when multiple vaccines are administered at once.
- NCVIA stipulated improvements in safety and adverse event reporting that have not been implemented or enforced, leaving persistent gaps in post-market safety surveillance and transparency.
- Compensation for vaccine-associated death is limited to $250,000.
2. The Public Readiness and Emergency Preparedness (PREP) Act grants broad immunity for covered countermeasures, including Emergency Use Authorized (EUA) products, during declared public health emergencies. Injury and death-associated claims are submitted to the Countermeasures Injury Compensation Program (CICP), described as“effectively the right to file to lose.”
- These products are placed on the market absent full FDA licensure, either for the product itself or the purpose it is intended for; essentially experimental medical interventions.
- Injury or death compensation claims must be received within one year from the date of administration of the drug, not when the consumer realizes the injury.
- Compensation does not cover pain and suffering.
These statutes are an egregious departure from American principles of accountability and redress, leaving tens of thousands of injured consumers without meaningful judicial review or complete remedies. Moreover, they allow unsafe products to remain on the market while removing the market’s primary safety indicator: litigation.
Repeal the shields. Restore justice.
Two federal bills have been introduced to reform NCVIA and repeal PREP in order to correct unconstitutional liability shields that block justice for product injuries.
- Representative Paul Gosar (R-AZ) introduced H.R. 4668, the End the Vaccine Carveout Act, to provide the option to bring the matter of vaccine-associated injury or death before a court of law.
- Representative Thomas Massie (R-KY) introduced H.R. 4388, the PREP Repeal Act to End “Medical Malpractice Martial Law,” which fully repeals the liability shields and compensation fund provisions under the PREP Act.
What can state legislators do to support these lawmakers and constituents injured by these liability-free products?
First, it is a moral imperative to safeguard Americans from future catastrophic pandemic responses and medical mandates. While Congress has failed to act, states have both the authority and the responsibility to lead. We urge you to adopt Stand for Health Freedom’s Model Medical Freedom Act, modeled on legislation recently signed into law in Idaho, to ensure these protections are secured here at home.
Second, let your congressional delegates know you support Gosar’s H.R. 4668 and Massie’s H.R. 4388 and ask them to co-sponsor these bills. Americans deserve open courthouse doors: the chance to present injury, prove fault, and be made whole. Medical mandates invariably involve liability-free, inadequately tested products like those covered by NCVIA and PREP, leaving Americans vulnerable to injury and death while shielding manufacturers, government actors, and those mandating the products from legal recourse. Congressional reports detail concerted efforts to hide the truth about the harms of the products while simultaneously coercing Americans with mandates and intentionally manipulative marketing campaigns.
A newly published study estimates that 20 million Americans experienced negative employment impacts from 2021-2023 with the disturbing revelation that “Black or African Americans and young adults had higher rates of job termination, reflecting their lower COVID-19 vaccine confidence or uptake and greater financial vulnerability. Regions with higher poverty also saw more terminations or leave placements.” According to the study, mandates exacerbated workplace shortages, especially in healthcare, and the authors note a downstream effect of mandates on well-being, social polarization, and mental health. Further, the study authors estimate the economic loss of medical mandates to be approximately $465 billion.
Protect Americans. Prevent the next mandate. Pass the SHF Model Medical Freedom Act.
“Representative government and trial by jury are the heart and lungs of liberty. Without them we have no other fortification against being ridden like horses, fleeced like sheep, worked like cattle and fed and clothed like swine and hounds.” ~John Adams
“No mandates” is the only way forward. We stand ready to help.
For America’s children.
