If The COVID Vaccine Injures You, You Can’t Sue Anyone—Probably Not Even The Gov’t
As TFTP reported this week, in a historical move, marking the fastest ever approved vaccine in history, it took the US government less time to approve a COVID-19 vaccine than it did for them to approve $600 checks for starving Americans. Naturally, this has fueled public mistrust as by the very definition of “long-term” studies, absolutely no long-term studies were conducted in regard to the vaccine. Adding to this mistrust is the fact that if you are harmed by the COVID-19 vaccine, Pfizer and Moderna have total immunity from liability and you will have no one to blame in a U.S. court of law. Thanks to government “magic” you will be out of luck if the COVID-19 vaccine injures you.
In 2007, the US taxpayers were told that they were responsible for the negligent actions of several large banking institutions. They were told that in order to prevent “complete and utter chaos” from a banking collapse they must give the banking cartels hundreds of billions of dollars to “bail them out.” Despite an overwhelming majority of the public opposing this action, it was passed with bipartisan support in a matter of hours.
The public was furious after being told that they are being personally held liable for the irresponsible acts of megabanks — and there was nothing that they could do about it.
As so-called conservatives blast the welfare system for the negative incentives created by these programs, they remain conveniently silent when it’s huge and corrupt corporations on the receiving end of that welfare. From banking to farming to health care — megacorporations suckle from the teat of government at the taxpayers expense and the politicians in D.C. facilitate all of it.
The problem with government subsidies for irresponsible acts by businesses is that it encourages careless behavior. One particular corporate welfare program has cost the U.S. taxpayers over four billion since its inception in 1988.
Knowing the undesirable effects of such “safety nets” provided through extortion of the populace to large corporations, one should avoid such scenarios. This is especially true in relation to the medical industry. Imagine, if you will, the disturbing scenario that would be possible if doctors were not held responsible for malpractice. The very threat of litigation for one’s negligence creates the incentive to act responsibly.
However, a certain sect of the medical industry gets a pass — just like the banking cartels are deemed “too big to fail” so are the vaccine manufacturers. In 1988, largely due to vaccine makers lobbying the government to alleviate their liability, The National Vaccine Injury Compensation Program (NVICP) was established.
After an uptick in lawsuits in the late 80’s, the vaccine manufacturers essentially held the government hostage and threatened to stop making vaccines unless the government took on responsibility for vaccine injury lawsuits — and NVICP did just that.
You can actually prove that you or your child were harmed from a vaccine yet the vaccine maker is completely shielded from liability. Even if you are awarded monetary compensation through the NVICP, the taxpayers are put on the line, not the vaccine makers. This removal of liability has created the incentive to turn out new vaccines with very little testing, as the companies don’t have to worry about financial hardships for injuring people, which in turn has shaped the situation that we find ourselves in today. In the last 2 decades, we’ve witnessed a near 300% increase in the number of CDC recommended vaccines.
Now, we have companies like Pfizer turning out a vaccine that was developed and approved in only eight months and they had absolutely zero incentive to devote resources to the in depth study of its safety.
The Vaccine Adverse Event Reporting System (VAERS) receives around 30,000 reports annually, with 13% classified as serious (e.g., associated with disability, hospitalization, life-threatening illness or death) according to the CDC VAERS Master Search Tool.
Since its first year in action, NVICP has paid out $4,132,942,676.47 with and additional $230,556,766.53 going to attorney’s fees, according to the latest report by the Health Resources and Service Administration. The last six years alone are responsible for 30 percent of all payouts, indicating a sharp increase in the amount of petitioner’s awards.
Since 1988, over 22,685 petitions have been filed with the VICP. Over that 32 year time period, 19,403 petitions have been adjudicated, with 7,705 of those determined to be compensable, while 11,698 were dismissed. Total compensation paid over the life of the program is approximately $4.4 billion, according to HRSA.
While vaccine injuries are particularly rare, the fact remains that they happen. Also, according to the CDC’s Advisory Committee on Immunization Practices (ACIP), the number of adverse reactions is underreported.
“VAERS data are limited by underreporting and unknown sensitivity of the reporting system, making it difficult to compare adverse event rates following vaccination reported to VAERS with those from complications following natural disease.”
Nevertheless, those injured by a vaccine could at least seek some compensation, albeit from the taxpayers. But all that has changed in 2020 with the advent of the COVID-19 vaccine. If you are injured by it, you don’t get to use the NVICP because no COVID-19 vaccine is on their list of “covered vaccines.”
Instead as CNBC reports, in February, Health and Human Services Secretary Alex Azar invoked the Public Readiness and Emergency Preparedness Act (PREP). The 2005 law empowers the HHS secretary to provide legal protection to companies making or distributing critical medical supplies, such as vaccines and treatments, unless there’s “willful misconduct” by the company. The protection lasts until 2024.
That means that for the next four years, these companies “cannot be sued for money damages in court” over injuries related to the administration or use of products to treat or protect against Covid.
“When the government said, ‘We want you to develop this four or five times faster than you normally do,’ most likely the manufacturers said to the government, ‘We want you, the government, to protect us from multimillion-dollar lawsuits,’” said Rogge Dunn, a Dallas labor and employment attorney.
And that’s exactly what the government did. So, in instances of harm from the COVID-19 vaccine, no one is held liable because it’s the FDA who approved the vaccine and you can’t sue them.
“You can’t sue the FDA for approving or disapproving a drug,” said Dorit Reiss, a professor at the University of California Hastings College of Law. “That’s part of its sovereign immunity.”
There are limited exceptions, but Dunn said he doesn’t think they provide a viable legal path to hold the federal government responsible for a Covid vaccine injury.
Those limited exceptions are for people who experience extreme adverse reactions.
Within the PREP Act, government established the Countermeasures Injury Compensation Program (CICP), which provides benefits to eligible individuals who suffer serious injury from the uncovered vaccines. However, the coverages are weak. If you are injured so badly from the vaccine that you can’t even leave your home, the maximum amount of money you will get it $50,000 per year as long as you are injured.
Even if you literally drop dead after getting the shot, the program’s death payout is capped at $370,376.
“This government compensation program is very hard to use,” said Reiss. “The bar for compensation is very high.”
Indeed, it is extremely high. Of the 499 claims filed, the CICP has compensated only 29 claims, totaling more than $6 million.
The overt problem with the way this is unfolding is that removing anyone or any company’s liability for their negligence has significant impacts on the way they will make decisions. Just like taxpayers are held responsible for police misconduct and nothing changes, when vaccine makers pass the buck to the taxpayer — again, nothing changes.
In fact, we are already seeing adverse reactions, despite not having widespread vaccine measures in place.
According to the CDC, as of Dec. 18, 3,150 people reported what the CDC terms “Health Impact Events” after getting vaccinated.
The definition of a Health Impact Event is: “unable to perform normal daily activities, unable to work, required care from doctor or health care professional.”
If a corporation does not have to assess the risks associated with negligence, then that corporation will be incentivized to ultimately foster carelessness — this cause and effect of negative incentive is basic economics.
The only way a Pfizer or Moderna can be held liable is if willful misconduct can be shown to have caused injury, meaning vaccine makers have to actually be caught knowingly causing harm.
If we look at the economic properties at work with such a program, what this does is provides negative incentive to test a vaccine for safety, because if they are aware of problems before the vaccine is launched, then they could potentially be held liable for knowingly causing harm.
Now, we find ourselves in a situation in which many within the government want to force Americans to take the shot to receive a vaccine that has not undergone long term testing, with absolutely no recourse if that vaccine hurts or kills you. This is 2020 in the land of the free.
About the Author
Matt Agorist is an honorably discharged veteran of the USMC and former intelligence operator directly tasked by the NSA. This prior experience gives him unique insight into the world of government corruption and the American police state. Agorist has been an independent journalist for over a decade and has been featured on mainstream networks around the world. Agorist is also the Editor at Large at the Free Thought Project. Follow @MattAgorist on Twitter, Steemit, and now on Minds.
**This article (If The COVID Vaccine Injures You, You Can’t Sue Anyone—Probably Not Even The Gov’t) was originally published at The Free Thought Project and is re-posted here with permission.**