- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
Pfizer immunity legal research project - on how to avoid
Posted on 2/2/23 at 2:18 pm
Posted on 2/2/23 at 2:18 pm
I’m having a late lunch bc I’m a little swamped but perhaps some of my PoliBarristers can assist.
My impression is that there is a statue somewhere drafted by congress that creates immunity to manufacturers of vaccines.
My further understanding would be that somewhere in the bowels of the FDA there is a regulation that classifies the Pfizer shot, as a vaccine.
Thus Pfizer MRNA shot only gets its immunity bc the FDA says it falls into this category.
Most legal immunities have exceptions- most common examples are fraud or intentional misconduct.
Further, most civil immunities I’ve ever litigated require the Defendant to prove its entitlement to said immunity. Meaning, if ever sued, Pfizer would have to prove the immunity applied to it.
In light of the above, and Veritas, a class action Plaintiff (and some of those class action lawyers are very sharp - some dumb as shite, but some very smart) could potentially prove a fraud exception to their liability.
Alternatively. The shot really doesn’t meet the definition of vaccine. It neither prevents transmission nor infection. Demonstrably. Thus, if it does not meet the criteria, then the FDA finding that it is one is meaningless. If it is Pfizer can’t prove the application of its immunity defense.
A civil plaintiff would have to attack the FDA regulation as inadequately supported / manifestly wrong. A very high hurdle, which has been somewhat given a shitty side eye by recent SCOTUS precedent.
It is an uphill battle of a long shot- but private suits on the scale of Tobacco need to happen.
The better alternative would be some kind of mass action by either the DOJ Or FDA need to happen. However. Nobody is holding their breath.
I’m literally spitballing but Does anyone know the actual legal basis for Pfizer’s immunity. Not in the FDA regs, but in the United States Code. I will research when I have more time. Or any of you Baws have experience in vax injury litigation - would probably know . . .
Look forward to your thoughts
My impression is that there is a statue somewhere drafted by congress that creates immunity to manufacturers of vaccines.
My further understanding would be that somewhere in the bowels of the FDA there is a regulation that classifies the Pfizer shot, as a vaccine.
Thus Pfizer MRNA shot only gets its immunity bc the FDA says it falls into this category.
Most legal immunities have exceptions- most common examples are fraud or intentional misconduct.
Further, most civil immunities I’ve ever litigated require the Defendant to prove its entitlement to said immunity. Meaning, if ever sued, Pfizer would have to prove the immunity applied to it.
In light of the above, and Veritas, a class action Plaintiff (and some of those class action lawyers are very sharp - some dumb as shite, but some very smart) could potentially prove a fraud exception to their liability.
Alternatively. The shot really doesn’t meet the definition of vaccine. It neither prevents transmission nor infection. Demonstrably. Thus, if it does not meet the criteria, then the FDA finding that it is one is meaningless. If it is Pfizer can’t prove the application of its immunity defense.
A civil plaintiff would have to attack the FDA regulation as inadequately supported / manifestly wrong. A very high hurdle, which has been somewhat given a shitty side eye by recent SCOTUS precedent.
It is an uphill battle of a long shot- but private suits on the scale of Tobacco need to happen.
The better alternative would be some kind of mass action by either the DOJ Or FDA need to happen. However. Nobody is holding their breath.
I’m literally spitballing but Does anyone know the actual legal basis for Pfizer’s immunity. Not in the FDA regs, but in the United States Code. I will research when I have more time. Or any of you Baws have experience in vax injury litigation - would probably know . . .
Look forward to your thoughts
7
Posted on 2/2/23 at 2:32 pm to Wednesday
quote:
The shot really doesn’t meet the definition of vaccine. It neither prevents transmission nor infection. Demonstrably
You're going to hurt a lot of feelings with this. Prepare for a massive derail of your topic here.
I agree with what you said and that they should be financially liable for this.
This post was edited on 2/2/23 at 2:33 pm
Posted on 2/2/23 at 2:43 pm to Wednesday
IIRC, the FDA changed the criteria defining a vaccine at some point during this multi-year debacle. Don't know if the date of the change would have any bearing, tho.
:not a lawyer:
This is a hit and run post. Gotta go help my mom.
:not a lawyer:
This is a hit and run post. Gotta go help my mom.
Posted on 2/2/23 at 2:49 pm to Wednesday
The National Childhood Vaccine Injury Act of 1986 (PDF - 312 KB), as amended, created the National Vaccine Injury Compensation Program (VICP). Vaccine manufacturers are immune from lawsuits for harm. There is a federal process to get compensated for harm done. Pharmaceutical companies are not liable. The goal of this legislation was to foster more robust development of vaccines for childhood diseases.
Posted on 2/2/23 at 2:51 pm to Wednesday
Under the PREP Act, vax companies have total immunity from liability if something unintentionally goes wrong with their vaccines.
Posted on 2/2/23 at 3:17 pm to NineLineBind
quote:More importantly, it freed up companies to move forward in cooperation during warp speed. Now, if something knowingly nefarious occurred (e.g., recognized complications hidden from the government/public) they could still lose protection. I suspect that's what Wednesday is getting at.
this gave HHS the power to issue EUA
This post was edited on 2/2/23 at 3:18 pm
Posted on 2/2/23 at 4:26 pm to NC_Tigah
quote:
Under the PREP Act, vax companies have total immunity from liability if something unintentionally goes wrong with their vaccines.
Hmm, that seems to be an important word.
Posted on 2/2/23 at 4:31 pm to maizegoblue
quote:Indeed.
Hmm, that seems to be an important word.
Posted on 2/2/23 at 4:56 pm to idsrdum
This is interesting. The PREP Act appears to have applied to Treatments. Are the "vaccines" considered "treatments"
Moreover, there are exceptions for fraud and development for ill purpose, which, BTW that Project Veritas video gives some pretty compelling evidence about . . . Pfzier doesn't need to be worried about cops, but may need to worry about some mass consumer class action.
Plus, the vaccine injury fund law doesn't define the word vaccine. The only definition I could find is in the freaking tax code: "Vaccine.--The term “vaccine” means any substance designed to be administered to a human being for the prevention of 1 or more diseases."
26 U.S.C.A. § 4132 (West)
A vaccine, is a vaccine, if the Secretary of Health and Human Services says it is. There are no criteria either in the statute itself or in the Code of Federal Regulations that tell us how something qualifies for a vaccine.
Y'all some lawyer somewhere could have a field day with this. Wednesday, esq. does not have that kind of resources, but there is very shaky legal basis for this "immunity" that Pfizer thinks it has.
It only exists bc Pfizer as a practical matter controls the people that work for the Health and Human Services, and the Deep State actually runs the government.
I have to go to lie down bc 45 minutes of research has given me some vapors
Moreover, there are exceptions for fraud and development for ill purpose, which, BTW that Project Veritas video gives some pretty compelling evidence about . . . Pfzier doesn't need to be worried about cops, but may need to worry about some mass consumer class action.
Plus, the vaccine injury fund law doesn't define the word vaccine. The only definition I could find is in the freaking tax code: "Vaccine.--The term “vaccine” means any substance designed to be administered to a human being for the prevention of 1 or more diseases."
26 U.S.C.A. § 4132 (West)
A vaccine, is a vaccine, if the Secretary of Health and Human Services says it is. There are no criteria either in the statute itself or in the Code of Federal Regulations that tell us how something qualifies for a vaccine.
Y'all some lawyer somewhere could have a field day with this. Wednesday, esq. does not have that kind of resources, but there is very shaky legal basis for this "immunity" that Pfizer thinks it has.
It only exists bc Pfizer as a practical matter controls the people that work for the Health and Human Services, and the Deep State actually runs the government.
I have to go to lie down bc 45 minutes of research has given me some vapors
Posted on 2/2/23 at 6:27 pm to Herooftheday
quote:
The shot really doesn’t meet the definition of vaccine. It neither prevents transmission nor infection. Demonstrably
quote:
You're going to hurt a lot of feelings with this. Prepare for a massive derail of your topic here.
I agree with what you said and that they should be financially liable for this.
This is why the CDC changed the definition of the word vaccine. I think they altered it a few times without announcing it. This by itself should've been overwhelming evidence not to get the clot shot for many people but they either weren't paying attention or were already brainwashed to the point of no return that they were too stupid to realize what that they were nothing more than a human guinea pig.
Posted on 2/2/23 at 6:52 pm to Wednesday
kinda like the talcum powder J&J mess. Asbestos is a form of silica, Silica makes up about half of the mass of earth. There is no sample of naturally occurring earth that does not contain asbestos. { actually had a congress critter get involved in a Kuwait project over this topic}
The covid shot folks just need to get the ill effects in front of a jury that is not capable of understanding the relation between correlation and causation.
Posted on 2/2/23 at 7:06 pm to BuzzSaw 12
quote:
brainwashed to the point of no return that they were too stupid to realize what that they were nothing more than a human guinea pig
A majority were put in a perpetual state of terror over this and then bribed and finally forced financially to take it. Me and my family were never going to take it but once we finally got COVID I'll admit there was some fear in me too because there was 24/7 news cycles about everyone dying around me from it. I never did see the death they alleged and the news really overdid the gloom and in the end just looked silly. Our government on all levels is more on the hook than the virus or even the vaccine maker IMO.
Posted on 2/2/23 at 7:43 pm to Wednesday
quote:
Are the "vaccines" considered "treatments"
According to the link they are medical countermeasures which includes vaccines.
quote:
the Public Readiness and Emergency Preparedness Act (PREP Act) authorizes the
Secretary of Health and Human Services (HHS) to limit legal liability for losses relating to the
administration of medical countermeasures such as diagnostics, treatments, and vaccines.
Regarding Covid vaccine injury, because these vaccines, or medical countermeasures, are authorized by the PREP act they would fall under the CICP rather than the VICP. LINK comparing the two.
quote:
very shaky legal basis for this "immunity" that Pfizer thinks it has
Check out what this article reports Pfizer used as its defense against a whistleblower. Couldn't find source documents for Pfizer's statement but maybe you can.
quote:
In its motion to dismiss, Pfizer says the regulations don’t apply to its vaccine contract with the U.S. Department of Defense because the agreement was executed under the department’s Other Transaction Authority (OTA), which gives contract holders the ability to skirt many rules and laws that typically apply to contracts.
Posted on 2/2/23 at 9:13 pm to Wednesday
The liability isn't absolute but rather the settlements have been handled in the following...LINK
National Vaccine Injury Compensation Program
However, your points are all valid and there are zero statutes of limitations on fraud and that is a good thing.
The entire reason I'm personally going after hospitals and the federal government is because it is actually easier than attacking the emergency use authorized vaccine manufacturers.
Adherence to the protocols resulting from the National Research Act (1974)
strictly requires the free will and voluntary consent of individuals agreeing to participate in the administration of drugs or biologics classified as IND.
To date, the FDA has assigned IND classification to each COVID-19 drug
under an EUA, namely:
a. Pfizer BioNTech COVID-19 Vaccine 19736
b. Janssen IND 22657
c. Moderna IND 19745
d. Novavax IND 22430
As such the government has knowingly conned the people through propaganda assisting these companies in creating the largest human experiment ever.
Individuals at all levels need to pay, from the tyrants threatening people's jobs, propaganda from news, officials in office, and medical industry who pushed the garbage.
I hope you figure it out.
National Vaccine Injury Compensation Program
However, your points are all valid and there are zero statutes of limitations on fraud and that is a good thing.
The entire reason I'm personally going after hospitals and the federal government is because it is actually easier than attacking the emergency use authorized vaccine manufacturers.
Adherence to the protocols resulting from the National Research Act (1974)
strictly requires the free will and voluntary consent of individuals agreeing to participate in the administration of drugs or biologics classified as IND.
To date, the FDA has assigned IND classification to each COVID-19 drug
under an EUA, namely:
a. Pfizer BioNTech COVID-19 Vaccine 19736
b. Janssen IND 22657
c. Moderna IND 19745
d. Novavax IND 22430
As such the government has knowingly conned the people through propaganda assisting these companies in creating the largest human experiment ever.
Individuals at all levels need to pay, from the tyrants threatening people's jobs, propaganda from news, officials in office, and medical industry who pushed the garbage.
I hope you figure it out.
This post was edited on 2/2/23 at 9:14 pm
Posted on 2/2/23 at 9:17 pm to Wednesday
quote:
Alternatively. The shot really doesn’t meet the definition of vaccine.
Didn't the FDA/NIH change the definition of what a vaccine is a while back?
Maybe this is the reason.
Posted on 2/2/23 at 9:20 pm to NC_Tigah
quote:Thats part of the most likely scenario I foresee as well. It goes like this:
Now, if something knowingly nefarious occurred (e.g., recognized complications hidden from the government/public) they could still lose protection. I suspect that's what Wednesday is getting at.
1. More info leaks out, eventually showing Pfizer covered up adverse effects.
2. Everyone will act surprised. A few people go to jail. Lots of court filings.
3. There will be a massive class action settlement (think Big Tobacco) b/t Pharma and the US Government. Pharma doesn’t have to admit guilt but have to pay into a $400B fund.
4. All Americans who got the Pfizer jab gets a check for a whopping $95 (2029 dollars) and a free year of Teladoc.
Page 1 of 1
Popular
Back to top
Follow TigerDroppings for LSU Football News