Latest AVN legal fundraiser to scoop up orphan donors

At the end of June this year I posted on a dubious-looking legal fundraising campaign announced by the Australian Vaccination-risks Network. They were, apparently, proposing private action against Australia’s federal health minister, Greg Hunt, and injunctive relief against the federal government.

It was not surprising to learn they were claiming the COVID-19 vaccine rollout was an experiment and must be stopped. The full 18 June letter to Hunt and Mark Butler MP is here. They had given Greg Hunt seven days to respond, and in the post I included part of their demands:

If you do not respond or if your response once again does not address our concerns, we would feel that we have no option but to consider legal action against you yourself, Minister Hunt, in the form of a private prosecution and against the Government to seek injunctive relief to immediately stop this current experiment on the Australian population…

Hunt, of course, did not respond. Meryl Dorey announced on the eve of day seven that, absent his response, a page would be set up for donations and legal action would proceed. Or rather it would if “our solicitors and lawyers and barristers say we are going to proceed”. What followed was… well, nothing. Or rather, nothing from deep in the AVN bunker. One suspects that this is because other actors, planning legal action against COVID public health initiatives, were drawing significant funds from motivated donors.

The AVN is an anti-vaccine pressure group with a history of dubious legal fundraising schemes. Last year all roads led to funding their Vaxxed bus tour. This has long since ground to a halt, as Meryl Dorey struggles to reinvent herself, yet again, to sell the unsuspecting the same decades old packages of vaccine disinformation. Dorey attracts reasonable numbers to her Facebook videos but this isn’t an income stream. One suspects the AVN is keen for an injection (pun intended) of donor dollars.

Recent failed COVID legal challenges

In June 2020, COVID conspiracy lawyer Nathan Buckley’s popularity grew when he advised Victorians to ignore lockdown directives. Eleven long months before AVN thought to raise money for COVID related legal challenges, Buckley had already suggested up to $10 million would be needed for a High Court challenge against Australia’s lockdowns. He further used the AVN playbook to propose action against flu vaccine legislation and No Jab No Play laws in South Australia. At the end of July 2021 he was still attracting attention in mainstream media.

Nathan Buckley reportedly raised over $575,000 via crowdfunding, to challenge vaccine mandates and public health orders related to COVID-19. An October report suggested he had raised $700,000. Both lawsuits brought before the NSW Supreme Court, targetting NSW health minister Brad Hazzard were dismissed by Justice Robert Beech-Jones on Friday 15 October. Buckley’s bizarre social media posts attacking Justice Beech-Jones and misrepresenting his findings, contributed to his suspension from the NSW Law Society. For the AVN, this meant Buckley’s generous donors were potentially available.

The efforts of Tony Nikolic and Matthew Hopkins of AFL Solicitors have also attracted a great deal of attention and donor dollars. Nikolic targeted Brad Hazzard and Chief Health Officer Kerry Chant. At one point antivaxxers contributed by publishing misrepresentations of evidence given by Kristine Macartney, the director of the National Centre for Immunisation Research and Surveillance. The NCIRS published a statement addressing each item in the falsified court transcript. AFL solicitors, who had brought one of the suits, were moved to reject those antivax claims on Telegram.

After these cases had all failed, AFL and G&B joined forces in an attempt to force Australia’s Prime Minister to apologise outside the Polish embassy for “deceiving” Australians. The chosen location for the apology was based on COVID conspiracy theorists belief that “Polish government officials” had protested outside the Australian embassy in Warsaw. In fact the protest was not by government officials but members of a far-right political party, with a history of spreading COVID-19 misinformation and conspiracies. In another case challenging the human rights of vaccine mandates, Marcus Clarke QC representing plaintiffs, unsuccessfully called on Justice Melinda Richards to excuse herself from the trial.

Serene Teffaha of Advocate Me, reportedly raised over $654,000 before her practising certificate was cancelled in April this year. Even after this, her efforts continued to divert funds for vague and futile legal efforts, away from the AVN. Finally, Maatouks Law Group raised close to $100,000 for a NSW class action. At the beginning of September, Cam Wilson’s article in Crikey listed the main players crowdsourcing funds for eventually hopeless legal gambles. He rightly noted it’s not illegal to test the authority of public health restrictions. The text of his article captures the absence of transparency available to donors regarding the quality and integrity of expenditure decisions. There are many other examples, and appeals are still being heard.

This organised, well funded action based upon disinformation and rampant conspiracy theories, stewing on encrypted social media, overly seasoned with offensive personal attacks on anyone who dare think differently, is common. That’s high praise indeed as to free democracy in Australia. A fact that does not resonate with Meryl Dorey’s 20 November opening line to the AVN’s latest legal fundraising blurb. On the pages of Christian fundraising site GiveSendGo [Archive], we read:

Australia is in a tailspin – descending almost inexorably into tyranny.

Orphaned donors an opportunity for the AVN

“Tyranny” has been a well worn word for COVID conspirators during the pandemic. The AVN has given “Medical Tyranny” and “fascism” ample airing, as Dorey urged followers to donate in support of the fight for freedom, and as a reason to attend illegal protests during lockdown. The AVN had frequently promoted the efforts of Buckley, Teffaha, Nikolic and Hopkins. Nikolic had cited AVN antivax material in a long letter to Brad Hazzard. The AVN has watched these fraught legal efforts with scrutiny. Is it cynical to suspect that as legal challenges fell to “fascist medical tyranny”, eyes in the AVN bunker also noticed increasing numbers of ‘orphan’ donors had lost their cause for donation?

The fundraising blurb continues:

We are not able to travel from State to State or overseas, work in our normal jobs – even when those jobs are part of our own business, go out to eat, drink, to the cinema, dance, sing, or do just about anything else without agreeing to take an experimental jab that has already killed hundreds of our countrymen and women and injured over 80,000.

It is obvious to anyone who has observed what’s been happening over the last 22 months that our governments – State and Federal – are determined to remove every right our parents and grandparents fought for in many wars over the last 100 years or so.

We at the Australian Vaccination-risks Network (AVN) have watched this with great dismay, as we know many of you have done as well. We have participated in protests, made submissions, written letters and for the most part, though these actions have put the government and their bureaucracy on notice, their course seems to have been set and unchanged through it all.

Court cases have arisen and been lost – and others are ongoing – we wish them all well. Though we have informed people of these cases and done everything we can to offer whatever assistance we can to the organisers, the AVN has not personally gotten behind any of them.

Until Now.

We recently met with a legal team that has rendered a legal advice that has been reviewed by two eminent Australian and English legal minds, (a former Justice and a current QC), that the case has merit and, if it wins (there is never a guarantee) .. of completely turning the current situation on its head!

The AVN claim to feel so strongly they have donated $20,000 into the “AVN Judicial Review Fund of our instructing solicitors Irish Bentley”. That might sound generous and is intended to motivate donors. Yet we must remember the AVN 2016 High Court challenge against “tyrannical ‘No Jab, No Pay’ federal legislation”. According to their own emails and website, this ultimately left them holding a minimum of $80,000 and possibly close to $110,000. These figures vary because their own published totals of raised funds and apparent legal expenditure both varied significantly. Was $160,000 raised or $152,000? Was expenditure around $70,000 or was it $50,000? This disparity remains online and has never been explained.

At the time, donors raised concerns and sought clarification, to no avail.

  • donors challenge meryl dorey over missing funds
  • donors challenge meryl dorey over missing funds
  • donors challenge meryl dorey over missing funds

Money from this remaining kitty that the AVN might claim was spent on antivax pursuits, distills into two efforts. In February 2019 the AVN advised members they had donated $5,000 USD to ecologist James Lyons-Weiler, to help fund his crowdsourced “Vaxxed vs unvaxxed” study. Published in the International Journal of Research and Public Health, it was quickly demolished [2] by critics of the new and dubious methodology. The study was retracted in August this year. In March this year the AVN advised that £4,000 was apparently donated to Professor Christopher Exley of Keele University in the UK. This was to assist his work into linking aluminium to neurodegenerative diseases, including the long debunked “vaccine-autism” trope. That money supposedly vanished in the midst of controversy that saw Exley leave Keele University in August this year.

The fundraising blurb attempts to justify their position in defending all Australians, whether vaccinated or not. It’s about freedom and slavery, no less.

Now is the time for ALL freedom-loving people – those who have taken the jab and those who have not; those who are staring down unemployment and those who are still able to work; those who want to protect their children and grandchildren and those who simply believe that the government’s rights stop at our skin – to pull together as one.

Whether you are able to donate $5 or $5,000, we need you now! And if you have no money to give to this cause, we need you to share this with everyone you possibly can – both here in Australia and overseas.

What we do here and now can have wide-ranging and positive influences on the entire world. There are more of us who believe in freedom than there are those who want to enslave us.

Cleaning Up Their Act

What’s notably different about this fundraising attempt is that the AVN have provided terms and conditions. They actually name real solicitors and refer to a trust account. It’s now clear to those who read the terms that the AVN is not a charity. That last point is a hard learned lesson that previously cost them significant funds. The 2016 High Court challenge ceased abruptly and the reason, is something the AVN has tried to keep secret. After announcing $160,000 had been raised, and that double that was needed, the AVN suddenly went silent. Three and a half months later, on Christmas day, they quietly revealed by email that, “counsel has advised us not to proceed due to the poor chance of success and the high costs of a High Court challenge”.

That was not accurate. What had actually happened was the AVN (then ‘Australian Vaccination-skeptics Network’) were advised of an upcoming NSW Fair Trading investigation into the fundraiser. The Australian reported the facts two days after the AVN had formally ceased fundraising. An August 2018 letter from Fair Trading, eventually advised then-AVN president Tasha David of the outcome. Essentially, the High Court fundraiser had indeed broken the law, but the AVN would not be prosecuted.

It included:

The Inquiry has found AVsN’s representations as to the money solicited on its website, and received by it, include a charitable purpose in that it purports to be for the promotion of education and learning. A copy of s. 9 of the Act is attached. […]

On this occasion NSW Fair Trading does not intend to initiate legal proceedings. However, AVsN must immediately cease the conducting of unlawful fundraising. If AVsN fails to comply, a further investigation may be conducted. If a future investigation finds that AVsN is continuing to conduct fundraising unlawfully, Fair Trading will consider appropriate enforcement action.

NSW Fair Trading investigations are bound by the limits of the Charitable Fundraising Act 1991. In simple terms that means they can act if non charities, such as the AVN, appear to be raising funds for a charitable purpose. By stating now that they are not a charity, the AVN hope to avoid accusations of unlawful fundraising and the promised “enforcement action”. Naming their solicitors, as opposed to previously alluding to anonymous representation, is something they had to do. For almost two years now, proposed crowdsourced legal action against public health directives and COVID-19 vaccination, has had names and faces. The AVN pre-COVID claim of needing secrecy to avoid revealing their strategy to the government and “the pharmaceutical lobby”, will no longer work.

I suspect that now having actual solicitors whose professional reputation is involved, means that a trust account has been strongly recommended. Legally, as the AVN is not a charity, the Charitable Trusts Act 1993 does not apply. In 2016 donors were asked to identify payments with the initials “NJNP”. All routes of deposit led to a long standing Westpac “AVN Community Solutions” account. There simply was no dedicated bank account, and if donors did not initial cheques, money orders or PayPal donations, the AVN advised, the money would be assumed to be not for the High court challenge and used as they saw fit. It may not be essential to provide a dedicated account for funds raised, but it is sound practice and the AVN have learned not only from their own mistakes and critics, but quite likely from recent critics of Serene Teffaha.

The Terms and conditions are as follows:

The goal is $300,000. Total to date since 20 November, is $123,040. Two realities have emerged with respect to recent legal challenges of this nature. The chance of success is unlikely in the extreme. The chance of significant profit is high. Item 10 in the terms and conditions allows the AVN to spend donor monies on what they may deem related administrative costs. Item 11 states that only donors who contribute over $500 “may elect” to receive a pro rata return from surplus funds, if over $5,000 is left.

If at the completion or cessation (for whatever reason) of the proceedings (which may include appellate proceedings) there are monies exceeding AU$5,000 remaining in the AVN Judicial Review Fund (i.e. surplus funds), donors who have contributed an amount greater than $500 may elect to receive a pro rata return from the surplus funds (i.e. their total donation as a proportion of the total funds raised). Any funds remaining after such pro rata return will be paid to AVN.

One awaits further developments with interest.


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Latest update: 4 December 2021

Moda Kitchen and Bar shelter Monica Smit’s bizarre conspiracy group

In a unique social media twist senior members of COVID conspiracy group, Reignite Democracy Australia ‘dobbed in’ the restaurant that hosted them for an illegal dinner.

What happened?

It just so happens that Victoria’s current lockdown coincided with the long planned Australia-wide Millions March Against Mandatory COVID Vaccinations organised by Health Rights Alliance. The vaccine is not mandatory. So anti-vaxxers seize on the possibility of a COVID “vaccine passport” and the health workers who may be asked to have the vaccine. Thus a perfect storm for prancing protestors was afoot. On Saturday far from any actual risk and always mere steps from the safety of her car Monica Smit was role playing political dissident/freedom fighter (more on that below). Three hours later she was sipping wine with around 15 RDA friends dining illegally at Moda Kitchen and Bar in Seddon. We know this because one of the group posted a photo with a timestamp and details*.

Fi Reilly wrote;

Moda restaurant in Seddon. Getting on with business. Great hanging out with fellow freedom fighters.

How could this happen? How could Australia’s self-appointed government-in-waiting be so careless? More so, how could our brave freedom fighters end up so safe and cosy and warm whilst the people they encourage had so successfully antagonised police only to ultimately find the inside of an ambulance? More on that dastardly disparity below also. First let’s review some points.

A march during lockdown

In Victoria the venue for the Millions March was Flagstaff Gardens. The last such march in Melbourne saw the crowd gather in the Botanic Gardens on February 20th. Back then our frenetic COVID conspiracy theorist and wannabe political saviour Monica Smit seized the opportunity to promise that she and RDA “are coming” for the jobs of government. Since that time Smit has continued to push thoroughly debunked theories about COVID-19 and to urge civil disobedience in her followers. QR codes, face masks, social distancing, vaccination, temperature readings are all attacks on rights say RDA. Laws protect those who refuse to comply states their disinformation narrative.

Meanwhile back in reality, at 11:59 pm Thursday 27 May, Victoria went into ‘circuit breaker’ restrictions following a rise in community based COVID-19 cases. Restrictions include wearing a face mask, maintaining social distancing and travelling within 5 km of home unless meeting requirements to exceed that distance. In short a lockdown. The reasons scarcely need to be repeated but nonetheless the Department of Health state regarding stay at home directions:

The purpose of these directions is to address the serious public health risk posed to the State of Victoria by the spread of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

It’s worth noting that the organisers of the Millions March posted a cancellation, of sorts, on Facebook just before 11am;

HRA wishes to advise that the official broadcast of the MMAMCV event has been cancelled due to vital team members pulling out. This was not the outcome lead organisers wished for, but it has been taken out of their hands. […]

For those still attending the gathering, some HRA members will be there alongside you, but have had to pull out in an official manner.To all that still attend, it is your event now – rock on!

Agent Smit

Described by the Herald Sun as a “protest inciter” Smit herself was keeping well away from any protest. Exactly one hour after the ‘official’ cancellation was posted by HRA a mask-less Smit was warning of a police checkpoint at Victoria and Peel Streets Melbourne. Her real aim was for the sole purpose of being seen breaching regulations. To enjoy the attention that Monica loves so much. In a performance that’s almost as sad as it is funny, Smit offers;

And by the way, police monitoring this channel (it’s actually a Facebook Live video) I have a single friend who lives ’bout five hundred metres from Flagstaff Gardens. So I’m here as support, so you can go jump.

Yeah that’s right.

I shudder to imagine that huge police Monica-monitoring unit, a large wall screen displaying satellite data, row after row of computer monitors streaming code, and the small army of headpiece-wearing keyboard crunching surveillance experts who wince in fear when told to “go jump”. No doubt they even have a code name for her. The Bored Identity perhaps? Yes. Let’s go with that.

Having counted “three or four hundred cops”, and perhaps thinking of old spy or war movies when someone ‘reconnoitres the perimeter’, The Bored Identity tells viewers;

So, I’ve done a parameter of the park.

The Bored Identity then meets an admirer named Layla. A stranger we learn. They gush praise at each other sharing promises of fighting for their rights no less and the rights of Layla’s dog. So brave is The Bored Identity she admits on the monitored “channel” that she earlier drove past police, and then;

I yelled out the window, I said ‘Go catch some real criminals’, I go ‘Go do ya job for goodness sakes’.

Gosh!… I’ve got my single friend here – she needs my support. Actually ya know what I’m really doing?

[Whispers to the admirer who is suitably impressed. She ‘loves it’ in fact]

That’s my support for the day. All right Layla. Ga’Luck!

[Bored Identity walks off]

Uurgh! Gosh! Well, yeah. It’s gunna be interesting guys.

Clearly The Bored Identity is a highly trained operative. Masquerading as an attention seeking dimwit who provides video evidence on a self-described monitored “channel” that she is indeed in breach of stay at home restrictions is surely a clever ruse. The police based Monica-monitoring unit stood no chance.

On a more serious note police had earlier urged Victorians to respect efforts to combat the pandemic. On Saturday The Herald Sun later reported;

Victoria Police urged people to obey the current CHO directives.

“We are confident the overwhelming majority of Victorians will be doing the right thing and adhere to restrictions so we can all return to normality as soon as possible,” the force said in a statement.

“Those who choose to blatantly disregard the CHOs directions can expect to be held accountable and fined.”

The Victorian Equal Opportunity and Human Rights Commission added, “Any protest activity should comply with the public health directions in place at any given time.”

Teflon coated

It is difficult to track all movements of The Bored Identity from this point until the restaurant. There was another ‘channel’ – what you might still call a Facebook Live video – which was a laneway-based recap of the day’s protest. This was a little strange as RDA didn’t appear anywhere near the protest. For reasons unknown that video has been deleted. But fortune has smiled upon us as a screenshot with a comment survives;

This commenter writes;

So once again you have “avoided” being arrested and later posted photo’s (sic) of yourself sitting in a restaurant with others who seem to always avoid arrest Hmmm. You commenced the day by telling people where the police were gathering but didn’t make any video from the actual park. Hmm. You later made a video from a laneway afterwards, boasting the protest was a big success. If I was cynical, I would say you and your crew are in cahoots with the police – of course you COULD just be teflon coated.

These points are inescapable. I mentioned in my last post on RDA that Monica Smit is likely deceiving her followers. But rather than being in league with police I’d argue she will always have a safe way out and is highly adverse to any genuine discomfort. The strange new blend of conspiracy theory with biblical fundamentalism that she caters to is growing rapidly and is no doubt quite lucrative. Whatever the case Monica Smit her partner Morgan Jonas and other RDA members chose to spend up at Moda Kitchen and Bar in Seddon.

Restrictions that apply to restaurants (see item 16 and 19b) state;

A person who owns, controls or operates a food and drink facility in the State of Victoria may operate that facility during the restricted activity period only for the purposes of takeaway collection or delivery of pre-ordered goods.

Just cleaning

As we’ll see below media reported the owner of the restaurant denied knowledge of the diners. But again we may thank Fi Reilly;

The relevant part of this screenshot is;

And loved having lunch with everyone afterwards in Seddon. We were just finishing lunch when the business got a call the police were on the way. People who dob on business is such a low act in my mind. Let’s all continue to support these types of businesses.

Being in cahoots aside, one does wonder why the business would get a call to say police were on the way. Tends to defeat the entire purpose of dealing with an offence. Perhaps it’s really an attempt to convey a composed exit. Nonetheless these images were on Twitter by Saturday evening and not long after the text of them accompanied news reports.

The Herald Sun reported;

More than a dozen anti-vaxxers, including protest inciters MONICA SMIT and MORGAN JONAS, were photographed at Moda Kitchen and Bar in Seddon on Saturday afternoon despite statewide coronavirus restrictions which have shut restaurant doors and banned public gatherings.

The photograph, posted on encrypted communication app Telegram, was deleted on Sunday as the restaurant faced huge public backlash and threats of customer boycotts.

A Department of Justice and Community Safety spokeswoman said the incident will be investigated by the government’s coronavirus enforcement team.

“This claim has been referred to the Victorian Government’s High-Risk Industry Engagement and Enforcement Operation for investigation – and it will take action as necessary,” the spokeswoman said.

Moda Kitchen and Bar denied opening its doors to the anti-vax group, despite police confirming they were called to the Victoria St restaurant over reports of “a group not wearing masks” about 4.30pm on Saturday.

“We were closed. We went there to clean but we were closed. I don’t know what people are talking about,” the restaurant owner told the Herald Sun.

The Daily Mail UK published an almost identical piece. The restaurant’s Facebook page vanished soon after, likely going private as criticisms filled comments. The Instagram account followed today shortly after Victorians discovered its presence. Another inescapable point to this story is that the vast majority of Aussies really don’t have any respect for social saboteurs like Reignite Democracy Australia or for businesses that would happily breach regulations to accomodate them. Victorians are striving to get through a serious public health challenge. Many businesses doing the right thing are hurting. Thousands of workers and staff are losing income.

With all this talk about rights and freedom-fighting what about the rights of those doing the right thing? RDA and Co. of course have no answer.

The RDA rabbit hole

Their arrogance stems from bizarre claims like this on their Facebook page;

EXPOSING OUR MEDIA’S RECENT VENTILATOR LIE: One Day, One Victorian On a Ventilator, the Next Day, None!

Victoria’s ‘7-day snap-lockdown’ only exists because there was a need to coerce v8ccination.

General jab hesitancy and public disinterest created an urgent government need to counter-market; and thus, this lockdown serves primarily as a marketing drive for an otherwise undesirable Pharma product. There is no “outbreak,” no actual new cases, and certainly no “Indian double mutant strain.”

It was all meticulously preplanned – with every component strategically devised to ensure a successful psychological operation for public manipulation. The unusual media fixation on an “infected case” that was traced to the 3 Monkeys bar on Chapel Street, was the scheming strategists giving an ironic and knowing nod to the film 12 Monkeys (about a killer virus) – and they are laughing at us. […]

The other day, the media delighted in revisiting the idea of the true medieval horror of hooking a human up to a ventilator – intubated, and comatose, as they battle ‘a flu-like virus’ while being fleeced a small fortune for the privilege of being slowly tortured to death… well, it so happens that there are now ZERO people in Melbourne’s ICUs and not a single person on a ventilator, and not a single death since last year. […]

This lockdown is a criminal act perpetrated by a criminal government, pursuing a criminally coercive v8ccine agenda. It is a lie, founded on lies – and it shall all ultimately collapse by the sheer weight of endlessly being propped-up against the opposing gravity of truth.

Let us continue to contribute to that weight.

There’s more like this of course, including the baseless assertion that this “vaccine experiment” is punishable by death under the Nuremberg Code. Or the video of Monica Smit extolling loopholes she has found to get around QR codes. You see, families leave phones at home when going for a cafe brunch because they seek “quality time”. Monica acts as if you’re going to believe that. So they can’t be expected to use the QR code. Wink, wink. Enter dastardly plan to use alternatives to QR codes. Like, pen and paper.

Apart from promoting the DHHS reasons for not wearing a mask visitors are urged to download and print out copies of the following You Can Say No flyers to bother innocent members of the public with.

The Facebook page of our ‘future government’ is packed full of such pointless opposition to barely inconvenient aspects of life during a pandemic. Smit and Jonas seem driven by an out of proportion belief in their own importance and intelligence. All throughout is a concerning number of even more concerning prayers or proclamations relating to God, Jesus/Yeshua and the bible along with the belief that this pandemic was foretold in said bible. Pastor Paul Furlong of The Revival Church tells visitors;

God’s word says we cannot forsake the gathering of the saints, and do so even more it says as the days become more wicked and evil and the return of the Lord Jesus Christ is at hand, I believe we’re right there right now.

There is strong promotion of Peacemakers Australia. This group are like a real life manifestation of the Game of Thrones malignant religious sect the Sparrows. Complete with obsessed, testosterone fuelled thugs and verse quoting bible waving women, they too see their role foretold in Gospel and psalms. Popping up around all this are the regular crackpot COVID trouble makers from Craig Kelly to Matt Lawson.

Ultimately in the three short months since I last wrote about Monica Smit and Reignite Democracy Australia they have become at once more extreme and less in control of those they attract. They are nothing more than attention-seeking, exploitative charlatans and a problem for any democracy. Australia is a long way from anything like the storming of the U.S. Capitol on 6 January 2021 in Washington D.C. But if the belief in the right to do something like that here needs a home, it would find it amongst this awful amalgam of people.

Reignite Democracy Australia still has nothing Australia needs.

  • – Hat tip to the eagle eye who shared these screenshots.

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The Nuremberg Code and COVID-19 vaccines

Following the development and subsequent global rollout of successful COVID-19 vaccines one particular anti-vaccine trope has been delivered with increasing gusto. Namely that the administration of these vaccines is in breach of the Nuremberg Code.

This isn’t the first time the Nuremberg Code has been used by the anti-vaccination lobby in an attempt to argue against the legality of vaccination. It is however the most widespread use of this piece of disinformation to date. It also includes the threat that health professionals will be tried as war criminals. To arrive at the conviction that COVID-19 vaccination is in breach of the Nuremberg Code, a triumph of non-critical reasoning is necessary. Specifically that the vaccine rollout is an ongoing experiment and that recipients have not given informed consent.

The latter is a misguided application of the first point of the Code. Global, real time scrutiny of the COVID-19 vaccine rollout means recipients are better informed when giving consent than for any other vaccine in history. Whilst the first point of the Code includes the most lengthy accompanying explanation of all ten points in the Code, it opens with the requirement:

The voluntary consent of the human subject is absolutely essential.

Background

An early claim that vaccine recipients are denied informed consent can be found in a 1997 NBC interview with Barbara Loe Fisher and her related article on the NVIC website [Archive]. Loe Fisher provides five bullet points contending there is inadequate knowledge of injury, death, side effects, vaccine failure and that vaccination, “could reasonably be termed as experimental each time it is performed on a healthy individual”. The postulation at play here is that if such uncertainty exists then informed consent cannot be given. Another ambitious claim is that post-marketing surveillance of vaccines is “a de facto experiment”.

Further on in the article the Nuremberg Code itself is addressed and the deception immediately begins apace. Loe Fisher exploits the words of physician and ethicist Jay Katz. His work is included in Nazi Doctors and The Nuremberg Code – Human Rights in Human Experimentation. Loe Fisher selectively chose in part:

The rights of individuals to thoroughgoing self-determination and autonomy must come first. Scientific advances may be impeded, perhaps even become impossible at times, but this is a price worth paying.

As the tone indicates, this is a quote about human experimentation, not vaccination as Barbara Loe Fisher is suggesting. The article trots on to mislead readers that, “bioethicist Arthur Caplan concurred when he said”:

The Nuremberg Code explicitly rejects the moral argument that the creation of benefits for many justifies the sacrifice of the few. Every experiment, no matter how important or valuable, requires the express voluntary consent of the individual. The right of individuals to control their bodies trumps the interest of others in obtaining knowledge or benefits from them.

Jay Katz passed away in 2008. Arthur Caplan is a professor of bioethics at New York University and in June last year informed FactCheck.org that the NVIC use of his quote is “completely erroneous” and reflected “ignorance of history and ethics”. He also observed that it is:

… a gross disservice to the victims of brutal Nazi experiments to distort my words for lame anti-science that will kill people if this bilge is taken seriously.

The above quote is no doubt not lost on those familiar with the harm anti-vaccine activists ultimately achieve and the disrespect they so often reveal in doing so. It also brings to mind the reality surrounding the Nuremberg Code. It is the result of one of the Nuremberg trials that followed the Second World War. The Doctors’ Trial (USA vs Brandt) focused on 23 German doctors and administrators who performed unethical, inhumane experiments in concentration camps and 3.5 million sterilisations of German citizens.

The Nuremberg Code itself has a controversial history surrounding authorship and was largely ignored for 20 years following the Nuremberg trials. In The Nuremberg Code and the Nuremberg Trial: A Reappraisal, Jay Katz wrote that careful reading of the judgement indicates it was written:

…for the practice of human experimentation whenever it is being conducted.

The vaccine ‘experiment’

This helps us appreciate the importance of, and the rationale behind, insisting that the COVID-19 vaccine rollout is an experiment. In the last post I covered another reason as to why the anti-vaccine lobby pushes this line. Namely to wrongly claim that hospital cover for adverse events following immunisation will be withheld by insurance companies on the basis that the vaccine is an “experimental treatment”. The trial it is alleged runs until 2023.

Helped by a widely disseminated video from the UK (here), misinformation regarding the Pfizer Phase III clinical trial is sustaining the belief that a long term “experiment” involves all vaccine recipients. This is demonstrably false. In fact the clinical study description cited in the video refers to the original participants who will be followed on a post-marketing basis until 6 April 2023. In a comprehensive 10 December 2020 article Pfizer report under Adverse Events:

Safety monitoring will continue for 2 years after administration of the second dose of vaccine.

In Australia Meryl Dorey of the Australian Vaccination-risks Network has been quite vocal about Nuremberg Code breaches. She contends the “experiment” is admitted to by the TGA, FDA and European Medicines Agency. In fact the Australian TGA provisional approval of the AstraZeneca vaccine is valid until February 2023. This is almost certainly a source of added confidence regarding the false claim of an ongoing experiment.

On 13 March 2021 during Under The Wire (Source) Dorey spoke about, “crimes against humanity as determined by the Nuremberg Code” due to COVID-19 vaccine administration and the so-called ‘vaccine passport’. At one time she challenged, “if you even believe that COVID exists”. Download the MP3 here or listen below.

Meryl Dorey followed this with a firm message warning medical professionals. MP3 here or listen below.

War crimes

During the same episode Dorey presented a flyer (below) warning “all medical practitioners” involved in the COVID-19 vaccine rollout that they will be on trial for war crimes and held accountable. These flyers continue to be letter dropped, faxed and placed on car windscreens to reach doctors and nurses.

To suggest that medical practitioners will be subject to war crimes is as baffling as it is offensive. The claim is international and again hints at a massive break down in critical thinking. Only cursory reflection is needed to realise that administering a vaccine during peacetime cannot possibly constitute a war crime regardless of the human rights issues one may think apply. The Nuremberg Code reflects not only what happened during the Second World War but also the ethical standards that existed in Germany before the war.

Nuremberg Code and ‘No Jab No Pay’

Use of the Nuremberg Code as an argument against vaccination legislation was honed in Australia in response to the Social Services Legislation Amendment (No Jab, No Pay) Bill in 2015. The legislation ensures a childcare benefit, rebate and a tax benefit supplement will be withheld from parents of children under 20 years of age who are not fully immunised. This legislative amendment followed community concern in response to “conscientious objection” to immunisation.

Submissions to the Senate Standing Committee on Community Affairs arguing against the Bill focussed often on the argument that informed consent would be denied. There are a number of examples and the following are indicative. Submission 511 offers further insight into the first point of the Nuremberg Code. Namely that consent should be:

…without the intervention of any element of force, fraud, deceit, duress, over-reaching, or other ulterior form of constraint or coercion.

And:

By refusing welfare payments to family’s (sic), this is a clear form of financial duress and coercion (and also over-reaching by Government). Some families rely on welfare payments to enable or assist them to provide for their family. To deny access to welfare payments is coercion of parents to subject their children to a medical procedure. 

Submission 508 also refers to the first point of the Nuremberg Code and suggests that the Australian Immunisation Handbook, in its section on consent, reflects a hitherto unknown aspect of the Code. The author notes:

The Australian Immunisation Handbook reflects the Nuremberg Code is requiring valid consent as a pre-cursor to vaccination.

Another submission combined the My Will command with reference to the Nuremberg Code, the Australian constitution, the Immunisation Handbook and the 2005 Universal Declaration of Bioethics and Human Rights, Article 6, Section 1. Despite the use of so many references to rights and ethics (Submission 511 also cited the AMA code of ethics and the Victorian Charter of Human Rights) the submissions highlight a common flaw. No Jab No Pay is an incentive. Indeed to see it as active coercion and ignore the harm caused by vaccine preventable diseases is uniquely selfish.

As a testament to how the anti-vaccine lobby manage to keep alive the notion that vaccines constitute grave abuses of human rights we can see that Article 6 of the UDBHR has also been trotted out today for COVID-19 vaccines. A striking LTE in the Elko Daily alluded to the Pfizer clinicaltrials.gov information, the Nuremberg Code and the UDBHR. Article 6, section 1 states:

Any preventive, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned, based on adequate information. The consent should, where appropriate, be expressed and may be withdrawn by the person concerned at any time and for any reason without disadvantage or prejudice.

Despite the vocal insistence of an experiment being run without consent the main antagonists of the anti-vaccination lobby are aware this is a false claim. Enter the inane insistence that the COVID-19 vaccine is set to be mandatory in developed nations. The AVN still push the tired line that Scott Morrison aims to make it “as mandatory as possible”, despite his very clear walk back of that unfortunate statement. The next “march against mandatory vaccination” is set for 29 May 2021.

Nuremberg Code Today

As for the Nuremberg Code itself an adequate critique is beyond the scope of this post. Nonetheless, whilst it does reflect important ethical standards it is likely not legally enforceable. It has not been adopted by any government and the Universal Declaration of Human Rights is more readily recognised. Of major importance in this regard is the CIA post 9/11 experimental torture programme that utilised unwilling human subjects. Critiques of the Code raise justifiable concerns from its acceptance of animal experimentation to the arguably ridiculous item five which states:

No experiment should be conducted, where there is an a priori reason to believe that death or disabling injury will occur; except, perhaps, in those experiments where the experimental physicians also serve as subjects.

Today the recognised standard for medical ethics is the World Medical Association’s Helsinki Declaration. It may be considered superior to the Nuremberg Code for one simple reason. That of regular revision. It has been amended seven times since June 1964. The most recent occasion was in October 2013.

Conclusion

The claim that COVID-19 vaccination is in breach of the Nuremberg Code is the most recent manifestation of an anti-vaccine deception that is probably over 25 years old. It is a falsehood that relies on calculated disinformation. Namely that vaccine recipients are denied informed consent and that the COVID-19 vaccine rollout is an experiment. Social media has aided the dissemination of this claim and a genuine COVID-19 vaccine Phase III trial document is being misrepresented as confirmation of a global trial.

The Nuremberg Code was written at the time of the Nuremberg War Crime trials. As such, baseless threats that medical practitioners will be tried as war criminals are being circulated. The Nuremberg Code clearly refers to experimentation on human subjects and says nothing about vaccination. Submissions to state and federal parliament in Australia opposing the No Jab No Pay/Play Bill 2015 unsuccessfully tested the veracity of the Nuremberg Code in this respect.

As an ethical statement and historical document the Nuremberg Code is sullied by anti-vaccine disinformation. The claims are absurd, serving no purpose other than disruption of sound public health policy. The most recent incarnation targetting COVID-19 vaccines is rightly viewed as a conspiracy theory.


References

Nuremberg Code

Nuremberg Code – Experimentation not vaccines

AMA Code of ethics for doctors

Staff administering COVID vaccines are not war criminals

Do vaccinations violate human rights under the Nuremberg Code?

WMA Declaration of Helsinki

Nuremberg Betrayed: Human Experimentation & the CIA Torture Program

Last Update: 2 May 2021

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Losers, loss and denying evidence in 2020

Losers. 2020 has seen a lot of them.

Whether genuine loss, disadvantage through the actions of others or continuing a failing streak, this year has served up a global platter. The COVID-19 pandemic has dictated that when it comes to denial of evidence SARS-CoV-2, its spread and how we managed the fallout were topics of choice. Conspiracies ran wild and we were even confronted with an infodemic. As usual so many who gain entry to these troubled pages are full throttle in a failing streak but convinced they have a winning strategy.

Denial of evidence may effect one in a small way. Such as rejecting the scientific consensus on the necessity of multi-vitamins and continuing to pay for expensive urine. Using vitamins or herbs to manage or “cure” an illness or injury can carry more serious implications. Not least being the shift in critical thinking that permits one to embrace an anti-science ideology, perhaps without initially realising this. Continuing to reject the scientific consensus on alternatives to medicine, one may ultimately delay seeking genuine medicine for a serious and ultimately terminal condition. Or refuse vaccination to prevent a nasty, harmful and potentially lethal condition.

Losers who believe they are on a winning streak inevitably ensure loss and disadvantage for the gullible who believe what they say or sadly for the innocents who rely on their judgement for health and wellbeing. The anti-vaccination movement continued unabated this year and swelled into a truly awful beast once it fed on COVID-19 disinformation. Necessary restrictions on crowd size and movement provided the ideal template for those already peddling terms like “health fascism” to insist the entire pandemic was a plot to control the population.

Of course this was a first world trend. Thanks to the positive impact of effective public health policies, education, medicine, law, public order and available media, quality of life is high. So high in fact we can invent faux abuses of our rights. Long before Karen from Brighton ignored travel restrictions because she had “walked all the streets” of that upper class suburb the notion of enduring lockdown to control the spread of COVID-19 was too much for self appointed freedom warriors. Social media losers vented their manufactured angst. Yet with our quality of life so good, a government that failed most frequently in climate policy and a P.M. who crept off to Hawaii during Australia’s bushfire crisis, it took months before ‘freedom day’ protestors gained attention. Even then it was for being deceptive in the making of their crisis.

Speaking of pretending life is tough, one term that kept popping up in anti-vaccine member emails was a favourite from AVN president Aneeta Hafemeister. “Show up. Speak up. Be brave.” The email linked to above was sent to members in mid January and peddled disinformation that the WHO had questioned vaccine safety. This calculated move involved the use of the WHO logo in the AVN press release. In fact Prof. Heidi Larson, Ph.D., Professor of Anthropology, Director of the Vaccine Confidence Project had spoken at the global vaccine summit in December 2019. The AVN selectively misrepresented what she said to convey a false impression.

On February 3rd the WHO legal counsel wrote to the AVN warning them to stop using the logo and to make it clear the press release was not approved by the WHO. In what would become a signature move for the AVN over 2020 they cowered into submission removing the press release and posting the WHO letter on their site. This was accompanied by standard antivax rhetoric and the claim that they had “responded” to the WHO. Members would be kept informed of “all correspondence”. But of course the WHO would never reply to their delirious mandates. Nor, later in the year, did any of the councils, parks or a business that banned their bus.

Hafemeister’s quote on being brave hadn’t really hit home at AVN Central it seems although it continued in member emails. Hafemeister would take her quotes to bizarre levels. In a May Facebook video promoting the AVN Vaxxed bus she went so far as to voice the worn out anti-vaxxer quote from Margaret Mead. Hit the audio button below or delight in the MP3 file.

“So never doubt that a small group of people can change the world because indeed it is the only thing that ever has”. AVN president Aneeta Hafemeister May 31st 2020.

There’s little point restating the AVN’s exploitation of those who have lost a loved one to death or injury and are vulnerable to the ‘vaccine injury’ profit machine. You can delve into the reality behind the scheme here and marvel at the scope of the delusion on sale here. Meryl Dorey scored extra points for claiming in April that her personal opinion was that viruses could only be transmitted by injection, then deleting the comment once it was made public.

The politicisation of hydroxychloroquine began on the back of Donald Trump’s endorsement of the drug. Despite a number of studies demonstrating cardiac problems linked to the drug shortly after and ultimately refuting its worth [2] the “triumph of hope over facts” continues on Twitter and elsewhere. It seems to be linked to denial of evidence supporting lockdowns and the use of PCR. A strong supporter of Trump and hydroxychloroquine is Chris Kenny of Sky News. Kenny is a stand out loser in our apparently lucky country. He has spent an inordinate amount of time this year launching attack after attack on Paul Barry, Media Watch and the ABC.

I covered this back in May and had a good look at Kenny’s flawed defence of hydroxychloroquine. His argument was simple. There are studies not yet finished. Thus Paul Barry who, Kenny repeats ad nauseam, hosts the most expensive 15 minutes of TV in Australia should apologise to his audience who, he also repeats ad nauseam, pay for the show. Kenny wrongly kept referring to a QLD study. The study however is looking into a very specific application of hydroxychloroquine for healthy young health professionals as a preventive measure. It is not studying the impact of treating COVID-19 with hydroxychloroquine. Kenny should be the one apologising.

In May he claimed “Barry and Media Watch preach global warming alarmism, promote leftist climate policies [and] defend the ABC”. Well. That does sound a lot like presenting the evidence News Corp tends to suppress. All this was part of an attempt to accuse Paul Barry of holding a biased opinion against George Pell despite his successful appeal. At the time I pointed out that Barry was the only journalist to argue that claiming Pell had simply been found “not guilty” was flawed. Barry argued that as one is innocent until proven guilty Pell was in fact innocent. Kenny however had taken a statement of Barry’s out of context and informed Sky viewers, “How about that for fairness and courage? What a whimp“.

It was a low point for Kenny who promotes himself as an arbiter of the ABC and Media Watch. As I covered back in May, Paul Barry had not only defended Pell but had soundly criticised the ABC for biased reporting on the topic in certain areas on certain shows. Well surprise! On 18 December Kenny presented his latest episode attacking the ABC. It included unsubstantiated comments about ABC bias toward Pell. One of the clips Kenny used to support this was the part of the Media Watch segment I’d cited in which Barry highlights the failure of Louise Milligan and Four Corners to report on Pell’s defence. This again shows Kenny to be biased in selection of material and deceptive in its omission.

Episodes of The Kenny Report (2020) devoted to attacking the ABC and Paul Barry have reached twenty that I know of since April. One included citing Alan Jones’ praise for hydroxychloroquine. That’s a handy introduction as Jones deserves a mention for appearing on Pete Evans’ podcast for a lengthy interview. You may subject yourself to the podcast here. It perhaps goes without saying that there’s enough on Pete Evans being an enemy of reason this year to satisfy the greatest of curiosities. There’s nothing I can add to it.

Judy Wilyman however. Well that’s a different story. She featured quite a lot supporting pretty much every COVID conspiracy going. Hosting service of her newsletters, Mailchimp, had clearly had enough. They closed her account and deleted all of her archived newsletters. Judy was not happy. Many others were delighted schadenfreude style. Wilyman claims COVID is a hoax and for years knew such a scam was coming. Perhaps most bizarre was the Natural and Common Law Tribunal for Public Health and Justice on which she sat as a judge. Using the International Criminal Code this group indicted most world leaders, international banks and entertainment companies, developers, inventors, etc, etc.

The 108 page indictment is too long for this post but some observations on Wilyman are crucial. On page 100 we learn that Prince Charles, Bill Gates, Elon Musk, Google and Ray Kurzweil are involved in creating a;

5G/AI artificial intelligence Coronavirus as a nanoparticle energy weapon [delivering] remote energy virus, virus, bacteria or other form of artificial intelligence induced remote directed energy weapon as part of a 5G/AI Coronavirus Genocide….

And that they;

…are entrained by and in criminal co-conspiracy with PPAI, a sentient Off-planet, predatory, pathogenic, invading Inorganic AI Artificial Intelligence, and are “entrained AI proxies, AI hosts, and AI sponsors” in creating and maintaining the 5G/AI Coronavirus Genocide that is causing imminent and irreparable harm to all human beings similarly situated.

Also these villains;

…appear to be among the key PPAI-entrained AI proxies, AI hosts, and AI sponsors for the sentient Off- planet, predatory, pathogenic, invading Inorganic AI Artificial Intelligence.

And I thought Musk’s greatest crime was naming his child.

Prince Charles also apparently covered up the invading alien intelligence and had the British Royal Society investigate potential problems with nanotechnology. This led to some media chatter about gray goo. The British Royal Society concluded in 2004 that such technology was too far in the future to be a problem worthy of present concern. Ergo, we were duped and horror awaits us.

Wilyman actually published this article about the tribunal on her site at the time. It was later deleted. It’s worth speculating as to why. Perhaps Brian Martin who has published two papers defending her from accusations of conspiracy theory thinking advised her to think it over. Also one James Lyons-Weiler who publishes antivax articles is keen to promote a scholarly face with antivax ’studies’. He endorsed Wilyman’s work in December last year and was the praise-singing, reviewing editor of her most recent publication, ‘Misapplication of the Precautionary Principle has Misplaced the Burden of Proof of Vaccine Safety’.

US resident Lyons-Weiler deserves a mention for his November 2020 paper contending that vaccinated children are less healthy than unvaccinated. Manifest flaws with key methodology are presented here. The AVN donated US $5,000 to this project. The money had come from donations for previous projects such as a promised High Court challenge to the No Jab No Pay legislation. The remaining float was just under AU $80,000. In a February 2019 email they urged members to donate to a GoFundMe page to help fund the study. It’s worth noting that funds raised for a purported challenge to Australian legislation were ultimately given to a US anti-vaxxer to help fund his US based project.

Brian Martin must surely be mentioned for evidence denial in 2020 thanks to publication of his paper Dealing with Conspiracy Theory Attributions in April this year. It focuses on defending both Judy Wilyman and the AVN from having conspiracy theories “attributed” to them. Granted these are very specific conspiracy theories and his publication is, shall we say, unique. However Brian still fails to grasp the larger issues of academic veracity and intellectual honesty involved here. Issues of public health sabotage aren’t quite ready for semi-philosophical musing.

Judy Mikovits and her appalling Plandemic scam must of course be mentioned. Not least because despite heroic efforts to convince critics of the validity of her claims so many were able to be deemed fake as soon as she spoke. For example her reliance on the study of Greg Wolfe was tacky. Claiming his research supported her contention was demonstrably fallacious. His research sample was during the 2017-2018 winter. Long before COVID-19 was detected. He later wrote a Letter to the Editor stressing the error of anti-vaccine claims. Of her claims.

A special mention must go to all those who have misrepresented the risk of COVID-19 vaccines before distribution but particularly after. Cases of anaphylaxis were rare given the total number of vaccinations. One wonders how the anti-vaccine lobby would react if peanut butter sandwiches were rolled out to the same population. The mysterious-cannot-be-found Khalilah Mitchell, RN with Bell’s Palsy was so clearly suspicious I wondered at why it was picked up so quickly.

There are so many I would like to mention but time does not permit. Do visit the many fact checking publications and sites that are available.

Of course, there’s always next year.

  • Video: A Song for Anti-vaxxers by Flo & Joan

Last update: 1 Jan. 2021

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AstraZeneca problems don’t confirm anti-vax theories

Last week AstraZeneca announced demonstrated varying efficacy in two different dosing regimens of its candidate COVID-19 vaccine, AZD1222 (ChAdOx1 nCOV-19).

In a November 23rd press release [PDF] the company announced efficacy of 90% when AZD1222 was given as a half dose and followed by a full dose at least one month later. This sample group had 2,741 subjects. Vaccine efficacy of 62% was evident when two full doses of AZD1222 were given at least one month apart. This was observed in a sample group of 8,895. They also announced a “combined efficacy” averaging 70% in a sample of 11,636.

Problems emerge

Whilst this sounded like a positive outcome it soon became apparent that the Oxford-AstraZeneca team still had hurdles to clear. It emerged later that the dose regimen yielding efficacy of 90% was given by mistake. This wasn’t made clear in the press release. The first dose should have been a full dose but due to a “manufacturing issue” only half of the expected dose was given. Regulators were told at the time and agreed the trial could continue with the immunisation of more volunteers. It is problematic that the trial wasn’t designed to test this regimen and less than 3,000 subjects aged 55 or less were involved. In order to validate the results another study examining the efficacy of the regimen will take place.

The other problem was the notion of “combined efficacy”. These data come from two different trials with different dosing regimens. One trial arm in the UK began in May. The Brazilian trial arm began in late June. So this information has not come from a single large Phase III trial as was the case with Pfizer and Moderna. Averaging efficacy from two different trials to yield “combined efficacy” of 70% is not acceptable. This doesn’t provide a sound assessment of what level of efficacy, or regimen, the public can expect. So again, further trials are needed. Also press release is not the vehicle to present scientific information and the AstraZeneca issue is an example of how problematic this can be. Study specifics that have been peer reviewed carry far more weight.

Media coverage

Which raises a point made by Norman Swan on today’s Coronacast that rumours are circulating, apparently with very little confirmation, that suggest Oxford-AstraZeneca are rushing to publish. He referred to a Financial times article which reported on Saturday;

Regulators and the rest of the world will soon have the full data. The Oxford academics who developed the vaccine have submitted a paper setting out their full Phase 3 results to The Lancet medical journal. They will be working over the weekend to answer questions from the journal and its referees and the article could be published as early as Thursday [UK time].

Concern and criticism about transparency and trust has been raised, particularly in the USA. Natalie E. Dean, assistant professor of biostatistics at the University of Florida posted a series of tweets on November 25th. Apart from transparency, concern about scientific rigour was raised. Her tweets included;

AstraZeneca/Oxford get a poor grade for transparency and rigor when it comes to the vaccine trial results they have reported. This is not like Pfizer or Moderna where we had the protocols in advance and a pre-specified primary analysis was reported.

The point about protocols in advance, along with the fact that AstraZeneca was one of nine vaccine makers to sign a scientific rigour pledge in September was raised in a highly critical article by Hilda Bastian writing in Wired. The article goes into the Phase III trial arms in depth and the manner in which Oxford-AstraZeneca has deviated from their trial protocol. Comparisons are made to the BioNTech-Pfizer vaccine at 90% efficacy and the Moderna vaccine at almost 95% efficacy. Bastian certainly casts them in a positive light. These two companies use messenger-RNA as the vector in their COVID-19 vaccines. Oxford-AstraZeneca use an adenovirus vector in their vaccine. How variously each approach effects COVID-19 vaccine efficacy is presently unknown. The Moderna and Pfizer vaccine results were also made public by press release. 

It’s important to note that the FDA has argued a vaccine must be at least 50% effective to be useful in combating the pandemic. Whilst concern has been raised about the AstraZeneca situation it is over efficacy and not safety. The fact that regulators will accept an efficacy of at least 50% was noted by Mene Pangalos, AstraZeneca’s executive vice president for research, who dismissed concerns. AstraZeneca also want to alter the specifics of the US trial under the auspices of Operation Warp Speed. The aim is to change the two full dose regimen to a half dose, full dose regimen.

Certainly further successful trials are well within AstraZenecas grasp. The BMJ recently published COVID-19 vaccines: where are the data? The article examines the position of the three recent candidate vaccines and what is expected through peer-reviewed publication. The UK government has asked the Medicines and Healthcare products Regulatory Agency to evaluate authorising supply of the Oxford-AstraZeneca vaccine.

The cold chain needs of each vaccine vary. The Pfizer candidate requires storage at -70 degrees Celsius. This alone provides a challenge difficult to meet in developed nations and impossible in nations without significant infrastructure. Moderna’s candidate vaccine can be stored at -20 degrees Celsius meeting most pharmacy and hospital freezer temperatures but providing transport challenges for developing nations.  Moderna claims that after thawing the vaccine will remain stable for up to 30 days at 2 – 8 degrees Celsius. AstraZenecas candidate can be stored in a normal refrigerator at 2 – 8 degrees Celsius and thus meets conditions in present healthcare settings and realistic options in developing nations. A successful outcome for Oxford-AstraZeneca is significant for the management of a global pandemic.

Back to Norman Swan of Coronacast;

And remember, this is a vaccine that they promised not to make profits out of, that is cheap and they are committed to giving very large doses, I think something enormous like a third of the world’s doses of vaccines are relying on AstraZeneca. So there’s a lot riding on this vaccine.

Anti-vaccination lobby

The anti-vaccination community have taken the challenges faced by AstraZeneca as more evidence Big Pharma is always up to no good. A recent AVN Facebook post observed that maybe it wasn’t a good idea to let drug companies release their own study information without independent oversight.

AVN on AstraZeneca

So again we might consult the press release. It includes (para 3);

An independent Data Safety Monitoring Board determined that the analysis met its primary endpoint showing protection from COVID-19 occurring 14 days or more after receiving two doses of the vaccine. No serious safety events related to the vaccine have been confirmed. AZD1222 was well tolerated across both dosing regimens.

Reading information on the AstraZeneca board we see;

Our Directors are collectively responsible for the success of AstraZeneca. In addition, the Non-Executive Directors are responsible for exercising independent and objective judgement and for scrutinising and challenging management.

Quickly scattering the seeds of disinformation in this manner is what the AVN always do. One expects this manipulation of their members. What I’m more interested in is the inability of the group to acknowledge that the focus on COVID-19 vaccine development has revealed a number of long standing claims to be false. In September I posted on how the Oxford-AstraZeneca trial pause alone refuted long standing anti-vaccine claims. Namely transparent mainstream media coverage and the documented process of Phase III trials. Despite the ample criticism of AstraZeneca’s handling of data the AVN are even further from defending their claims than they were in September.

As a quick reminder it is the claim that vaccine manufacturers do not assess the safety or efficacy of vaccines. Ever. Added to this is the strange insistence that a placebo must always be inert. Let’s revisit quotes promoting these errors. Given that the COVID-19 candidates are new vaccines the following quote published in a response to a journalist is particularly relevant. See Proposition 4;

…there have never been double-blind, placebo-controlled prospective studies done on either the safety or efficacy of vaccines, not even when a new vaccine is introduced. 

This piece on HPV is highly misleading. Yet it’s the claim in the second paragraph under Safety In Question I find compelling;

By definition, a placebo must be a totally inert substance which will never provoke a response.

That definition might be fine for the “sugar pill” placebo. As in when we think of the “placebo effect”. Yet in vaccine trials it is more important to sustain the double blind nature of the trial. Simply put a subject must not know what group they are in. The AVN are anti-HPV vaccination. Gardasil trials have used the amorphous aluminium hydroxyphosphate sulphate adjuvant, or AAHS as placebo. This, unlike saline, produces an injection site effect like a genuine vaccine. Thus members of the placebo group and those administering the dose are unaware they have received or given the placebo. The randomised double blind nature of the trial is preserved.

Double blind randomised control trials are what Meryl Dorey, founder of the AVN calls “the gold standard” insisting they are ignored in vaccine research. The claim is part of the AVN Did You Know? leaflet. In this case demanding only inert placebos be used helps to both refute the value of trials and contend a heavy metal neurological injury is potentially caused by adjuvant placebos. The impact of this rhetoric can be seen below in an image of an interviewee on the Vaxxed II bus (27 Nov. 2020). Her T-Shirt has the words “gold standard science” and “inert saline placebos” amongst others written on it in Texta.

Finally as discussed in this article, by contending that no vaccine trials using saline placebos have ever been conducted the insistence that vaccines are primed to harm persists. It’s a simple no true Scotsman anti-vaccine fallacy. Also when saline is used as the placebo in an HPV vaccine trial, there really is nowhere to hide. Vaccine studies using saline placebos abound. Period.

t-shirt with anti-vax wording

AVN devotee wearing T-shirt demanding ‘inert saline placebo’ trials

As it happens saline has been used in the USA arm of the AstraZeneca Phase III trials. In other groups a meningococcal vaccine is given as placebo. This won’t only create an injection site effect but a general feeling in line with being vaccinated. Not being aware they are receiving a placebo ensures subjects don’t introduce an unexpected variable to the trial. This fact, and the ethical nature of the approach is discussed in a well written article here. Finally in establishing the safety of vaccines a more convincing and in depth picture is gained through the application of more than just placebo controlled studies.

Conclusion

The more we see of Phase III trials for COVID-19 candidates, whether they be immediately accepted or controversial, the greater the refutation of the above anti-vaccine tropes. Senior members of the AVN are reading material that describes Phase III trials and their testing of both safety and efficacy. The above claim that double blind, placebo controlled trials don’t exist, “even when a new vaccine is introduced” still exists on the AVN website and in discussion. In the bright light of facts this is a true measure of the group.

The Oxford-AstraZeneca AZD1222 results have been met, understandably, with specific criticism. This relates to efficacy only. Safety is not being questioned. Some media reports have hinted that AstraZeneca will have difficulty getting the vaccine regulated for emergency use in the USA based on present data. Further, larger studies are needed to establish the veracity of the 90% efficacy finding in the smaller sample given a half dose followed by a full dose. This is entirely within reach of AstraZeneca.

Given the unscientific notion of a “combined efficacy” of 70% it is within AstraZeneca’s interests to pursue further research. Indeed everything being equal one may hope that the “combined efficacy” rate is not reinforced with further research. As STAT reported;

If it’s 70%, then we’ve got a dilemma,” said Fauci. “Because what are you going to do with the 70% when you’ve got two [vaccines] that are 95%? Who are you going to give a vaccine like that to?

AstraZeneca’s AZD1222 vaccine has enormous potential. The low cost, cold chain specifics and the company’s offer to not profit from the vaccine meets a global imperative for pandemic recovery. What the scientific community and the public need to see is a large robust Phase III trial that reproduces efficacy in the region of 90%. 

 


References:

COVID-19 vaccines: where are the data? – BMJ

After admitting mistake AstraZeneca faces difficult questions about its vaccine – NYT

Oxford COVID vaccine: regulator asked to assess jab – BBC

Australia’s Oxford-AstraZeneca COVID-19 vaccine choice questioned as experts highlight ‘shaky’ science – ABC

Pfizer vaccine: what an efficacy rate above 90% really means – The Conversation

Moderna’s trial data shows its COVID-19 vaccine nears 95% efficacy – ABC

Placebo use in vaccine trials: Recommendations of a WHO expert panel – NCBI

There are no vaccines with saline placebo? – Vaccines Work blog

Last Update: 1 Dec. 2020

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