Big Pharma’s Vaccine Immunity

Big Pharma’s Vaccine Immunity

While the emerging COVID-19 vaccines promise to provide at least 90 percent effectiveness against the virus, vaccine makers are making sure they too enjoy immunity.

Even though taxpayers gladly shoveled $2.5 billion to develop the Moderna vaccine, and the federal government is spending $27 billion of your tax dollars to fund the Biomedical Advanced Research and Development Authority, BARDA, as drug makers rush a COVID-19 vaccine to market don’t expect your financial contribution to the effort to buy you any goodwill.

Pfizer and Moderna have made sure you cannot sue if you suffer severe Covid vaccine side effects.

AstraZeneca has also reportedly sought and received immunity from civil liability in the European Union. The Intercept reports that the trade group, Vaccines Europe is seeking an “exemption from civil liability” due to the “unprecedented public health and economic crisis.”

Under the federal PREP Act, lawyers have secured total immunity from liability for Big Pharma just in case something goes terribly wrong with the vaccine. Big Pharma “cannot be sued for money damages in court” over any efforts to fight the novel virus, whether a vaccine, a therapeutic, or any respiratory device.

We’ve already heard of side effects. People with a history of allergic reactions to vaccines are warned not to take the COVID shot after there have been several reports of anaphylaxis in the U.S. and UK that required an immediate injection by an Epi Pen.

With an estimated 120 vaccines in some stage of development, the potential downsides are magnified exponentially. The PREP Act effectively bars anyone who believes they have been harmed by a COVID-19 fighting vaccine.

PREP

PREP (the Public Readiness and Emergency Preparedness Act) was updated in April after being invoked by HHS in February when it was clear that COVID-19 was here to stay. The Act empowered director, Alex Azar to provide legal immunity to the companies making the vaccine or anything considered critical to the public during a pandemic, unless there is “willful misconduct” by the company.  That is a high standard sought by defendants because it is so difficult to meet.

The drug giants will enjoy that protection until 2024.

For the last decade, the Countermeasures Injury Compensation Program (CICP) was intended to provide compensation for any serious injury resulting from countermeasures the government may take during a health emergency whether vaccine, medication, device, or a public health emergency.

Zika, Ebola, Anthrax and now COVID-19 are all considered covered countermeasure threats. The injured or their survivors are supposed to be covered.

With a death benefit capped at $370,000 for the surviving family members, and up to $50,000 a year for unreimbursed lost wages and medical expenses, the program sounds good. But it is more talk than action. Of the 499 filed claims, only 29 have been paid.

Blanket immunity is rarely granted pharmaceutical companies, with some exceptions. In 1976, the swine flu makers had immunity from civil litigation. Mutual Pharmaceuticals was granted immunity from liability in 2013 when the U.S. Supreme Court decided federal preemption offered protection to Big Pharma since it was an FDA-approved drug.

And if you were told as a condition of employment you have to be immunized, your employer is off the hook as well.  The U.S. Food and Drug Administration, as do most states, enjoys sovereign immunity. “You can’t sue the king” is a remnant of British law before the American Revolution.

What could go wrong?

The Pfizer and Moderna vaccines were developed four to five times faster than vaccines are usually created due to the threat by COVID-19. That means the lengthy and expensive clinical trials were cut short during the eight-month development time.

Pfizer’s CEO Dr. Albert Bourla told CNBC that “This is a vaccine that was developed without cutting corners” and that it was approved by authorities around the world.  CNBC reports that the shortest time to develop a vaccine previously was for mumps and that took four years back in 1967.

Because it requires an ultra-cold temperature during handling and transport (-100 °F (-73 °C) Pfizer makes a point of saying its vaccine is free of thimerosal, the controversial mercury-based preservative thought to be linked to childhood autism. Thimerosol is being phased out of all vaccines even though the Centers for Disease Control and Prevention (CDC) insists it’s safe.

The Pfizer vaccine contains no other preservative, according to the company (there are no microchips either).

Newly emerging are variations of COVID-19, as the virus mutates in order to survive, adding a layer of complexity to the immunity question.

Employers may be asking whether they can be sued for requiring employees to be immunized. Yes, requiring a vaccine can be a requirement of employers. Under the Americans with Disabilities Act, workers may be exempted from taking a vaccine if there is a medical reason or a sincerely held religious belief.

Any injuries may have to be addressed by workers’ compensation as an on-the-job injury.

If you are seeking compensation, don’t count on the Countermeasures Injury Compensation Program (CICP), a last-ditch government program managed under HHS. It provides benefits to employees who suffered work-related injuries.

Providing up to $50,000 a year for lost wages and medical expenses, it is capped at $370,376 if a COVID vaccine is fatal. In the last 10 years, of 499 claims, only 29 have been paid, providing more than $6 million. There is a one-year statute of limitations.

Individuals typically injured by vaccines have, in the past, been routed through the National Vaccine Injury Compensation Program (VICP), also known as vaccine court. Its record shows it pays about 70% of claims from 16 routine vaccines over the last decade totaling about $4.4 billion since it began in 1988. The statute of limitations there is three years.

So far, the COVID-19 vaccine is not on its list of covered vaccines.

 

Sources:
Cdc   https://www.cdc.gov/coronavirus/2019-ncov/vaccines/faq.html

CIPC  https://www.hrsa.gov/sites/default/files/hrsa/cicp/cicpfactsheet.pdf

CNBC: You can’t sue Pfizer or Moderna if you have severe Covid vaccine side effects. The government likely won’t compensate you for damages either.
https://www.cnbc.com/2020/12/16/covid-vaccine-side-effects-compensation-lawsuit.htm

Bloomberg on Pfizer
https://www.bloomberg.com/news/articles/2020-11-09/pfizer-vaccine-s-funding-came-from-berlin-not-washington

Allergic reactions –https://www.reuters.com/article/health-coronavirus-britain-vaccine/uk-warns-people-with-serious-allergies-to-avoid-pfizer-vaccine-idUSKBN28J1D1,

SARS outbreak reaction – https://childrenshealthdefense.org/news/heres-why-bill-gates-wants-indemnity-are-you-willing-to-take-the-risk/;

Thimerosol – https://childrenshealthdefense.org/about-us/mercury-vaccines-cdcs-worst-nightmare/

Covid ingredients – https://www.technologyreview.com/2020/12/09/1013538/what-are-the-ingredients-of-pfizers-covid-19-vaccine/

EU liability – https://www.documentcloud.org/documents/7046985-European-vaccine-memo.html

Big Pharma immunity – https://www.publicjustice.net/contentsupreme-court-grants-big-pharma-co-immunity-defectively-designed-drug/

What Legal Options Do I Have if I Get Sick from the COVID-19 Vaccine?

What Legal Options Do I Have if I Get Sick from the COVID-19 Vaccine?

The recent emergency authorization by the FDA for two vaccines, Pfizer-BioNTech and Moderna, means this could be the beginning of the end for this devastating pandemic that has spread all over the world. Since the first vaccine got its approval, we are witnessing an intensive and focused effort to vaccinate and protect everyone across the country as soon as possible.

Vaccine Could Bring Relief to Lockdown Restrictions

There is a widespread belief that a rapid vaccination drive could help ease the severe lockdown restrictions in certain states and restart an acutely distressed economy. As the provisions of the CARES Act lapse soon, about 12 million people are at risk of losing unemployment benefits. Outstanding student loans and federal protection for renters face a similar fate because of the delay of this relief package.

The Viewpoint of the Anti-Vaxxers

Over the past few months as the race for the vaccine was heating up, there has been a lot of debate on whether the vaccine should be mandatory. For every voice in favor of the vaccine, there have been voices of people who want to exercise their free will and an option to say no to it.

The CDC says there is a substantial number of naysayers – people with apprehensions about vaccine safety. According to a recent Pew Research Center survey, almost 40 percent of the people are either completely against or unsure about getting vaccinated.

Is Getting Vaccinated Going to be Mandatory?

Setting a legal precedent with its 2009 pandemic preparedness guidelines, the Equal Employment Opportunity Commission (EEOC) said that employers can mandate their employees to get vaccinations against the flu. However, US law has provisions for certain exceptions where an employee can refuse vaccination without the fear of losing their job.

The Americans with Disabilities Act (ADA) grants the first exception under which an employer needs to provide acceptable accommodations to employees if they are not able to take the vaccine because of certain medical conditions.

Title VII of the Civil Rights Act of 1964 covers one more exception. According to Title VII, employees can refuse a vaccination based on their sincerely held religious beliefs.

Can I File a Personal Injury Claim Because of Injury from a Mandatory Vaccine?

A mandatory vaccination, if it causes any adverse effects, increases the risk of personal injury claims against employers. However, the conventional legal procedures make it difficult to seek claims if there is no foreseeable harm from the vaccine and no clear evidence of negligence.

The chances of a personal injury claim being successful are low if the employer did not administer the vaccine, even if they mandated it for the employee. And this is especially true if the employer does not make the vaccination mandatory for those workers who have qualified exemptions. An employer must have justifiable grounds to refuse requests for exemptions and must make sure to document them fully.

Protection Against Personal Injury Claims for Vaccine Makers

In a 2018 decision, the United States Supreme Court provided protection to vaccine makers from legal claims seeking compensation against them for injuries or fatalities. The court’s decision further reiterates that the National Vaccine Program and the FDA, and not juries, are better judges of the safety and efficacy of vaccine design.

 Will a COVID-19 Vaccine Be Treated Differently?

The laws currently in place deal with employers involved in direct patient care if the risk to patients is substantial. However, the United States Equal Employment Opportunity Commission (EEOC) believes the COVID-19 virus to be a ‘direct threat’ as per the standards laid down by the ADA. This allows for more stringent controls and medical screening than generally permitted under the ADA.

Federal agencies like the CDC and Occupational Safety and Health Administration (OSHA) seemingly approve of employer-mandated vaccination policies, particularly for critical sectors of the economy. The CDC has a document regarding this, titled ‘Roadmap to Implementing Pandemic Influenza Vaccination of Critical Workforce’, and OSHA has been advocating its inspectors to get the COVID-19 vaccine as soon as it becomes available.

The Latest EEOC Guidance for COVID-19 Vaccine

 On December 16th, 2020, the Equal Employment Opportunity Commission (EEOC) issued its guidance for employers concerning the interplay between the COVID-19 vaccine policy and federal equal employment opportunity laws.

The EEOC’s guidance reinforces that employers have the authority to carry out mandatory vaccinations. However, employers must provide accommodation and engage with certain categories of employees.

These include, firstly, the employees who cannot get the vaccine because of disabilities. The second category of employees that can refuse the mandatory vaccine are the ones with genuinely held religious beliefs that preclude any type of vaccination.

In both exceptions, employers cannot exclude the workers from the workplace without sufficient proof that they pose a ‘direct threat’. Also, the employers must engage with the employees to find out if a way to mitigate the risks to others is available without terminating or excluding the exempted employees from work.

Be Prepared for the New Normal

 The introduction of guidance promulgating mandatory COVID-19 vaccines is likely to result in plenty of requests for accommodations on various grounds such as medical, ethical, and religious.

Employers may enforce mandatory vaccination policies but must keep in mind the limited exemptions. As we are approaching a new normal, we must be ready to change our perceptions regarding health and work, and employers may have to make some unprecedented decisions.

What Rights do Alabama Tenants have to Avoid Eviction After COVID-19?

What Rights do Alabama Tenants have to Avoid Eviction After COVID-19?

Alabama Governor Kay Ivey has signed a moratorium on the final step associated with all evictions. In the order, it is stated that “All state, county, and local law enforcement officers are hereby directed to cease enforcement of any order that would result in the displacement of a person from his or her place of residence.” Therefore, law enforcement officers cannot evict you from your home, regardless of whether you have a mortgage and have been foreclosed on or are a tenant.

Federal Eviction Ban

The 120 federal “moratorium” or “stop” is still effective on evictions for inability to pay rent for specific housing types, including the following:

  • Renters accommodated in public housing of Section 8
  • If you lease a home from a landlord with a “federally backed mortgage,” which means that if you reside in public housing, then your landlord is probably a “Housing Authority” for the city or region where you reside.

You may benefit from the federal eviction ban in the following cases:

  • Your rent is determined by your income
  • You live in “subsidized” housing
  • You pay below the market rate for rent

If the federal eviction ban is applicable to your situation, then your landlord cannot petition for a NEW eviction for 120 days, or the period between March 27th and July 25th, 2020. However, this rule is applicable only to nonpayment of rent-related evictions. It is still possible to evict you for other reasons.

Furthermore, the landlord cannot levy late fees charges or other penalties related to your nonpayment during this period.

The landlord must give you a notice of a minimum of 30 days prior to filing an eviction for rent nonpayment after July 25th.

Governor’s Eviction Moratorium: Frequently Asked Questions

Am I still liable to pay my rent?

Yes. You are still liable for your mortgage or rent payment, under Governor Ivey’s order. Additionally, you must follow any other provisions in your mortgage or lease agreement.

What if I cannot afford to make rent payments?

While you cannot be evicted at present, you should try to make the payments when you can, as the landlord can try to evict you after the governor’s order expiration.

When will the Governor’s order expire?

The order does not have an end date right now, so it is not known when it would expire.

What happens if my landlord gives me a notice or an unlawful detainer (eviction filing)?

In the above case, you can undertake the following:

  • You can still make your rent payment if you receive a notice for unpaid rent
  • If you receive an eviction notice, you should still file a response
  • Alabama courts may resume hearings after May 15th, 2020, and the Supreme Court has left this decision up to the counties

Helping Tenants Stay Safe and Pay Rent is in Your Best Interest

As a landlord, the best scenario for you is for your tenants to remain healthy and continue to be employed, allowing them to pay rent. The section below shows some suggestions that can enable you to keep your building free of coronavirus, even if your tenants are working from home and the kids have an unanticipated break from school:

  • Install hand sanitizer dispensers near elevators and doorways
  • Ensure that the building’s common areas are thoroughly cleaned more often (including, playground equipment, if there is a playground in your building complex)
  • Post signs educating tenants about infection control
  • Post signs asking delivery personnel to leave packages outside unit doors, rather than making direct contact with residents

When to Enforce Rental Agreements and When to Be Lenient

Many terms of the rental agreements in your building remain unaffected by the COVID-19 pandemic. It is well within your rights as a landlord to evict tenants for bringing unlawful substances into your building, vandalizing common areas, or routinely violating noise-related rules.

However, if your tenants are late on their rent payment, you should be more understanding in case they are forced to delay rent payment due to work disruptions related to the COVID-19 outbreak. If employees are required to remain at home without pay for a significant time, it is possible that many tenants might be unable to pay their rent.

The inability to find childcare if schools close might also cause some tenants to lose their employment. It is a good idea to at least meet with the tenant and talk about their financial difficulties before deciding to move to eviction.

You could even send out a request form for an extension on rent payment and ask tenants to submit it to you if they are unable to pay the rent due to circumstances related to COVID-19, such as unpaid leave from work or closure of schools.

Speak to a Knowledgeable Attorney Today

Alabama laws on evictions and tenant rights are confusing, and it is easy to make costly mistakes for people without the knowledge of these laws. For help with landlord-tenant issues in Alabama, it is best to get in contact with an experienced attorney as soon as possible.