Announcing: North Carolina’s Pandemic Response Project

Posted on Nov 15, 2009 in Uncategorized

Special Message from

Alan Phillips, J.D.



Announcing: North Carolina’s Pandemic Response Project (NC PReP)


Did you know that states can mandate vaccines in a declared emergency without exemptions? Did you know that if Governor Perdue declares an H1N1 emergency here in NC and requires swine flu shots, you can be quarantined in a government facility against your will if you refuse to be vaccinated? Did you know you can spend two years in jail if you violate a swine flu isolation order in NC?


On Tuesday, October 27th, Chapel Hill Attorney Alan Phillips launched the NC PReP with a letter to state leaders demanding policy and law changes to protect citizen rights in NC concerning emergency vaccines and quarantines.


1. Read Alan’s letter below to NC Governor Perdue and other state leaders. Then, write your own letter to Governor Perdue, State Secretary of Health and Human Services Cansler, and your state representatives (see for state leaders’ addresses, and to find out who your state representatives are). State your own concerns, endorse attorney Phillips’ concerns, or both—and send it today!


2. Then, send an email to (subject line: “Just Mailed My Letters”) to tell us you’ve mailed your letters, so we can keep count.


3. Finally, join us for weekly conference calls to get updates on NC PReP’s progress and to ask questions,

When: Monday nights at 8:00 pm starting November 2nd.

Call: 1-218-862-7200 and enter Conference Code 636721.

We expect these calls to continue weekly for some time, but check the NC PReP site listed above for up-to-date information.


4. Meanwhile, share this email with everyone you know with an interest in this important matter. States’ rights in this arena are profoundly overreaching and need to be rolled back, but to do that we need your help. Send your letters today, and stay tuned!


Questions about NC PReP that can’t wait for the Conference Calls can be addressed to Rich Roberts, NC PReP Manager, at (subject line: “Question”).

Alan Phillips, J.D., Director

Rich Roberts, Manager





October 27, 2009


The Honorable Beverly Perdue

CC: Lanier M. Cansler, HHS Secretary

Governor of the State of North Carolina

June Atkinson, State Superintendent


North Carolina Office of the Governor

Senator Eleanor Kinnaird


20301 Mail Service Center

Representative Verla Insko


Raleigh, NC 27699-0301


Regarding: H1N1 “Swine Flu” Vaccines and State Quarantine Authority

Dear Governor Perdue:


I am deeply concerned about the impending, widespread use of experimental, uninsurable H1N1 vaccines, and the overreaching authority in state law that gives health officials the power to quarantine citizens in government facilities against their will. Due to the nature of my practice, I have been contacted over the past few months by many people, statewide and nationally, who share these concerns. Given the poor efficacy record of flu vaccines generally and the troubling history of swine flu vaccines in particular, it is reasonable for citizens to desire freedom of choice in these matters. Our concerns are only heightened by President Obama’s recent declaration of a national H1N1 emergency.


As you know, pandemic flu vaccines have undergone fast-track production that bypasses many of the usual procedures undertaken with routine vaccines. Their production may include the use of adjuvants not previously licensed in the U.S. and known to have the potential to cause serious harm. The controversial preservative thimerosal, which many experts believe contributes to the development of chronic disease, is in some of the swine flu vaccines. The intranasal vaccine contains live, attenuated viruses that some experts fear may shed after being administered and risk serious illness in other susceptible persons. Disturbingly, the safety of the swine flu vaccines is based on testing of prior trivalent seasonal flu vaccines; yet, officials have consistently referred to the swine flu as a “novel” virus. Meanwhile, seasonal flu vaccine studies show little or no effectiveness in virtually every age group. One study actually found that hospitalization of children with flu complications was actually greater in those who received the flu vaccine.


The 1976 swine flu vaccines resulted in thousands of lawsuits for vaccine-induced injuries and deaths. Despite this, HHS Secretary Sebelius recently invoked manufacturer immunity for swine flu vaccine manufacturers, leaving those injured or killed by them this time around with little or no legal recourse. If manufacturers have no confidence in their vaccines, how can we expect the public to trust them? Further underscoring this concern is the fact that experts from around the world have warned that the vaccines may be more dangerous than the disease. Polls also show that a majority of healthcare workers and the public object to swine flu vaccines and don’t believe there is currently an H1N1 emergency.


We appear to be on a reckless track for widespread dissemination of experimental H1N1 vaccines. State laws limit or disallow vaccine exemptions altogether for vaccines mandated in a declared emergency, and dissenters can be compelled to vaccinate against their will under threat of job loss or possible forced quarantine in government facilities. Meanwhile, the public is not being given complete and accurate information to enable fully informed decisions. Officials tend to overstate the risks, and the media fail to explore or discuss proven alternative means of addressing infectious disease that don’t carry the risks associated with vaccines. Here in North Carolina, this raises an important state policy issue. The North Carolina Supreme Court has stated that “to limit progress by establishing allopathy as the state system of healing, and forbidding all others . . . would be as foreign to our system as a state church for the cure of souls.”[i] This standard is blatantly violated with seasonal flu vaccines now being administered through public schools, effectively establishing allopathy as a state system of healing. This also sets a disturbing precedent of using pandemic fears to promote seasonal flu vaccines that have nothing to do with the swine flu pandemic. Furthermore, the level 6 pandemic exists as such only because the criteria for ‘level 6’ was recently changed to include mild diseases. This move, along with school delivery of seasonal flu vaccines, appears calculated more to generate pharmaceutical profits than to promote wellness.


The facts compel us to take steps to secure citizens’ rights to make informed choices for themselves and their families. Therefore, I urgently request that: 1) Policy be immediately implemented creating such rights, and 2) That this policy be enacted into law as soon as possible to secure these rights permanently.


A more complete outline of cited concerns is attached,[ii] along with a copy of professionally drafted, proposed legislation[iii] that sets out the minimum emergency rights necessary given these serious concerns.


Please review the attached documents at your earliest convenience. These concerns and requests for personal rights have been echoed by citizens throughout North Carolina and the nation. I would be happy to discuss this matter with you directly. In the meantime, on behalf of all concerned, I look forward to the honor of a prompt reply.


Respectfully Submitted,


Alan Phillips, Esq.

P.O. Box 3473

Chapel Hill, NC 27515-3473



[i] State v. McKnight, 131 N.C. 717, 42 S.E. 580,