Does Informed Consent Truly Exist? Dr Mercola

In the 1905 legal case of Jacobson v. Massachusetts, Swedish immigrant Henning Jacobson objected to a Cambridge, Massachusetts, Board of Health law requiring all adults to get a second smallpox vaccination or pay a $5 fine.

He and his son had suffered severe reactions to previous smallpox vaccinations, so he argued that he was genetically at higher risk of being injured or killed if he were vaccinated again.

He also testified that the vaccine ingredients were toxic and noted that medical doctors could not predict who would be harmed.

He also said that requiring revaccination would violate his 14th Amendment right to liberty and equal protection. The court ruled against him, so Jacobson, rather than paying the $5 fine, appealed to the U.S. Supreme Court. Fisher wrote:3

“It was a mistake that led to one of the most unethical and dangerous legal decisions in American jurisprudence.

In a split decision with two dissenting votes, the Court majority, including Oliver Wendell Holmes, said that citizens do not have the right under the U.S. Constitution to be free at all times because there are ‘manifold restraints to which every person is necessarily subjected for the common good.’

They said that state legislatures have the constitutional authority to enact compulsory vaccination laws and exercise police power to restrict or eliminate liberty during smallpox epidemics to ‘secure the general comfort, health and prosperity of the state.’”

What is often not connected, however, is that this case was also used in support of Buck v. Bell, with Holmes chillingly declaring, “The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes.”4

The Birth of Informed Consent
It wasn’t until 1947, at the Nuremberg trials after World War II, that the idea of informed consent took hold. Fisher explained:5

“Utilitarianism was discredited as a pseudo-ethic in 1947 at the Doctors Trial at Nuremberg after World War II. The horrifying truth about what can happen when utilitarianism is used to create public health law was exposed for the whole world to see and gave birth to the informed consent principle articulated in the historic Nuremberg Code.

The next year, basic human rights that include autonomy and freedom of thought, conscience and religious belief were affirmed in the Universal Declaration of Human Rights.

Ever since, informed consent to medical risk-taking has been the central ethical principle guiding the ethical practice of modern medicine — except that public health officials and doctors giving vaccines in America today don’t want to respect that ethical principle.”

via Dr Mercola Does Informed Consent Truly Exist?

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