DTPolio Vaccine: We’re not giving up!

27^th January 2024

By E3M: Asssociation d’Entraide aux Malades de Myofaciite à Macrophages (Macrophagic Myofaciitis Sufferers Association)

Exactly one year ago, the investigation chamber of the Paris Court of Appeal confirmed the dismissal order issued on November 25, 2021 in the case of the withdrawal of the aluminum-free DTPolio® vaccine. A decision that is questionable from a legal point of view, according to E3M, which then decided to appeal to the Court of Cassation. In a decision handed down on January 23, the criminal chamber of the Court of Cassation partially upheld E3M’s appeal, thus allowing one of the aspects of the case – and not the least – to be re-investigated by the courts. A victory for the association!

As a reminder, on April 25, 2014, E3M filed a complaint against X denouncing the troubling conditions under which SANOFI had obtained the withdrawal of the DTPolio® vaccine from the market (arguing an increase in adverse effects), and the consequences of this choice (1).

Firstly, the investigation chamber of the Paris Court of Appeal, in accordance with the conclusions of the investigating judge, considered that the statutes of limitation for the acts of forgery, use of forgery and fraud disclosed by E3M had expired. This led to evidence provided by E3M on the falsification of the data used to establish the alleged increase in adverse effects being rejected.

Secondly, it considered that the causal link between the withdrawal of the aluminum-free DTPolio vaccine, the roll-out of a replacement aluminum-adjuvanted vaccine (Revaxis®) and the development of macrophagic myofasciitis in those vaccinated with the new vaccine, had not been established. Worse, if we follow the judges’ logic, the facts revealed were not that problematic since a ‘satisfactory therapeutic alternative’ (sic) had been quickly put on the market.

On the issue of the causal link between the administration of Revaxis® and the onset of macrophagic myofasciitis in two persons associated with E3M in the initial complaint, the Court of Cassation cited the authority of the trial judges in dismissing the appeal. E3M takes note of this, but points out that the State Council has previously recognized this link based on serious, precise and consistent evidence (2). 

On the other hand, the Court of Cassation considered that the investigation chamber had indeed erred in law by considering that the facts were time-barred when, in view of the evidence, they were not. The case is therefore referred back to the investigation chamber, which will have to re-examine whether the conditions under which DTPolio® was withdrawn from the market to be replaced by Revaxis® were tainted by fraud. E3M welcomes this opportunity and will ensure that all light is shed on this case. 

This is indeed a crucial case because it shows the stranglehold of the pharmaceutical industry on our health system, including our vaccination policy.

Read the dossier « Chronology of a Big Pharma coup »
—

(1) The aluminum-free DTPolio vaccine, used in France since 1966, was indeed THE ONLY vaccine available and this was mandated to children at the time. In addition, it was adjuvant-free, and therefore aluminum-free. Following an alleged increase in adverse effects, it was replaced by Revaxis®, a vaccine containing an aluminum-based adjuvant, which causes cases of macrophagic myofasciitis.

(2) Note that the Conseil d’Etat (or State Council) recognizes the link between vaccines containing aluminum salts and the occurrence of macrophagic myofasciitis. Since 2012, no fewer than 14 decisions have been handed down in this regard: CE n°344561 of 21.12.2012; n° 345411 of 22.03.2013; n° 347459 of 30.12.2013; n° 362488 of 30.12.2013; n° 368150 of 11.04.2014; n° 366470 of 23.07.2014; n° 369478 of 22.07. 2015; n° 369479 of 22.07.2015; n° 387694 of 11.05.2016; n° CE 384612 of 30.12.2016; n° 419329 of 13.02.2020; n° 435323 of 29.09.2021; n° 437875 of 29.09.2021; N° 443248 of 25.04.2023.

With this victory, we are more determined than ever. We have a chance to really get our claims recognized and take our fight to the next level.

2024 will be another year of legal action. Your financial support is essential if we are to continue our fight in the courts. 

You can make a donation by clicking on this link. Thank you in advance for your support!