ICAN (Informed Consent Action Network) sued the HHS (Department of Health and Human Services) for failing to file a Vaccine Safety Study in over 30 years. 


The 1986 Act granted economic immunity to pharmaceutical companies for injuries caused by their vaccines. This makes the Department of Health and Human Services (HHS) directly responsible for virtually every aspect of vaccine safety. 


This notice sent to HHS (Health and Human Services) articulates the complete failure of HHS to conduct the proper science required to demonstrate vaccine safety. Additionally, ICAN lays out the provisions of the (1986 Act) that legally require HHS to conduct science that reduces the risk of all vaccine injury. Failure to do so could result in legal action against HHS.


Dear Secretary Hargan:

Americans, including the over 55 organizations listed below, whose members exceed 5 million Americans, are concerned about vaccine safety. The National Childhood Vaccine Injury Act of 1986 (the 1986 Act) made nearly every aspect of vaccine safety the exclusive responsibility of the Department of Health & Human Services (HHS). As the Secretary of HHS (the Secretary), this means you shoulder virtually all responsibility for assuring the safety of vaccines administered to America’s 78 million children.

This notice respectfully requests confirmation that certain obligations regarding vaccine safety required under the 1986 Act have been fulfilled or will forthwith be fulfilled. These specific requests are numbered sequentially in this notice. We would welcome the opportunity to meet and discuss reasonable means for complying with these requests. If that is not possible, the 1986 Act authorizes “a civil action … against the Secretary where there is alleged a failure of the Secretary to perform any act or duty” under the 1986 Act.


HHS stonewalled ICAN for eight months refusing to provide any substantive response to this request


ICAN was therefore forced to file a lawsuit to force HHS to either provide copies of its biennial vaccine safety reports to Congress or admit it never filed these reports. The result of the lawsuit is that HHS had to finally and shockingly admit that it never, not even once, submitted a single biennial report to Congress detailing the improvements in vaccine safety. This speaks volumes to the seriousness by which vaccine safety is treated at HHS and heightens the concern that HHS doesn’t have a clue as to the actual safety profile of the now 29 doses, and growing, of vaccines given by one year of age. - If HHS is not, as confirmed in Court this week, even fulfilling the simple task of filing a biennial report on vaccine safety improvements, there is little hope that HHS is actually tackling the much harder job of actually improving vaccine safety. 


US District Court Judge signs order granting Plaintiff, Informed Consent Action Network (ICAN) and counsel, Robert F. Kennedy, Jr., the relief sought in a lawsuit against the US Department of Health and Human Services (HHS)