PREP Act’s liability shield showing cracks as court actions mount

The liability shield enjoyed in the U.S. by vaccine manufacturers under the Public Readiness and Emergency Preparedness (PREP) Act may also be called into question as a result of the revelations regarding contamination of the COVID-19 vaccines.

Ray Flores, senior legal counsel to Children’s Health Defense, told The Defender that “Until now, it’s been the Wild West when government officials and manufacturers assume the PREP Act permits them to operate under the assumption that anything goes.”

“Although courts have routinely barred battery and negligence claims, it remains to be seen whether courts will find in favor of a defendant who has engaged in fraud,” he said.

“With concrete evidence of fraud, shareholder derivative suits, that have so far been unsuccessful, could finally win,” Flores said, noting that Pfizer’s stock is down over 39% this year. “The courts and public may not be so forgiving this time,” he added.

Bridle referenced a recent Michigan court ruling finding that the PREP Act does not apply to remdesivir, a COVID-19 treatment administered under Emergency Use Authorization, on the basis of “negligent manufacture” of the product.

“The court ruled that a pharmaceutical company’s legal indemnity was null and void for a contaminated version of the medical product,” Bridle wrote. “So, it would follow that Pfizer’s legal indemnity should be null and void for shots that contaminated with bacterial DNA that … was not disclosed to regulatory agencies.”

Rose said that in confirming COVID-19 vaccine anticipation, Health Canada may be anticipating future lawsuits and angling for less severe legal penalties.

“It is likely an admission for pre-emptive lesser conviction when this milieu turns to lawsuits,” she said. “I believe admission is, and has been, the only thing that any regulator can do at this point to not only save Canadians, but themselves.”

The World Council for Health and the Association of American Physicians and Surgeons are now both calling for the COVID-19 shots to be recalled, a view shared by German-Thai microbiologist Dr. Sucharit Bhakdi, who told The Defender “all mRNA injections must be stopped worldwide and forbidden until the major issues have been resolved.”

Watch Wednesday’s CHD.TV broadcast here: