VERY CRUCIAL: A Helpful Guide If Your Employer Is Trying To Force You To Take A mRNA or JnJ Jab Against Your Will: Hi! A lot of people are coming to me about an employer threatening to fire them if they don’t take the Emergency Authorized inoculation. I’m not a doctor, medical advisor or legal advisor, but I have compiled these resources to help you defend yourself — at least verbally & logically — in explaining to your boss why you don’t want to be forced:
1.) These companies are not liable! The government isn’t liable. The employer trying to force you to take it will most likely not be liable. So who will be liable? No one. You! If you want it, do your thing! But if they’re trying to force you against your will, present them this article & it does a fantastic way of explaining it.
2.) So far, they are NOT FDA Approved. It has emergency authorization, but they specifically say it “has not undergone the same type of review as an FDA-approved or cleared product.” Research & feel free to present this to your employer:
Moderna Fact Sheet For Recipients & Caregivers: https://www.fda.gov/media/144638/download
Pfizer-BioNTech Fact Sheet For Recipients & Caregivers: https://www.fda.gov/media/144414/download
The Janssen (J&J) Fact Sheet For Recipients & Caregivers: https://www.fda.gov/media/146305/downloadhttps://www.fda.gov/media/146305/downloadhttps://www.fda.gov/media/146305/download
3.) These companies have a history your employer should know about. If your employer is trying to force you, guilt you or financially control you into injecting one against your will — while taking NO LIABILITY for an injection that isn’t FDA Approved, ask them if they’ve heard of this:
REUTERS: “J&J knew for decades that asbestos lurked in its Baby Powder” https://www.reuters.com/investigates/special-report/johnsonandjohnson-cancer/
REUTERS: “Johnson & Johnson sets aside almost $4 billion for talc verdict, filing shows”: https://www.reuters.com/article/us-johnson-johnson-talc/johnson-johnson-sets-aside-almost-4-billion-for-talc-verdict-filing-shows-idUSKBN2AN07W
CNN (2011): Johnson & Johnson settles U.S. Bribery Charges: https://money.cnn.com/2011/04/08/news/companies/Johnson_sec_bribery_charge/index.htm
Department of Justice (2013): “Johnson & Johnson to Pay More Than $2.2 Billion to Resolve Criminal and Civil Investigations https://www.justice.gov/opa/pr/johnson-johnson-pay-more-22-billion-resolve-criminal-and-civil-investigations
REUTERS (2012) Pfizer settles foreign bribery case with US government: https://www.reuters.com/article/us-pfizer-settlement/pfizer-settles-foreign-bribery-case-with-u-s-government-idUSBRE8760WM20120807
Does your employer want to be liable if they force you to take the jab? These companies aren’t going to be liable.
I believe in freedom & personal choice when it comes to this inoculation. If you want to get it, do your thing! Good luck & God Bless. But this is a resource for those being bullied, pressured or financially forced by their workplace against their will. Please let people know to follow me on Telegram or point a friend/family member to this if they need articles, resources, facts, proof & a sound three step explanation to stand their ground.
From 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
Companies like Pfizer and Moderna have total immunity from legal liability under the PREP Act if something unintentionally goes wrong with their Covid vaccines.
By MacKenzie Sigalos • December 17, 2020
Key Points
Under the PREP Act, companies like Pfizer and Moderna have total immunity from
liability if something unintentionally goes wrong with their vaccines.
A little-known government program provides benefits to people who can prove they
suffered serious injury from a vaccine.
That program rarely pays, covering just 29 claims over the last decade.
In this article
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If you experience severe side effects after getting a Covid vaccine, lawyers tell CNBC
there is basically no one to blame in a U.S. court of law.
The federal government has granted companies like Pfizer and Moderna immunity from
liability if something unintentionally goes wrong with their vaccines.
“It is very rare for a blanket immunity law to be passed,” said Rogge Dunn, a Dallas labor
and employment attorney. “Pharmaceutical companies typically aren’t offered much
liability protection under the law.”
You also can’t sue the Food and Drug Administration for authorizing a vaccine for
emergency use, nor can you hold your employer accountable if they mandate inoculation
as a condition of employment.
Congress created a fund specifically to help cover lost wages and out-of-pocket medical
expenses for people who have been irreparably harmed by a “covered countermeasure,”
such as a vaccine. But it is difficult to use and rarely pays. Attorneys say it has
compensated less than 6% of the claims filed in the last decade.
Immune to lawsuits
In February, Health and Human Services Secretary Alex Azar invoked the Public Readiness
and Emergency Preparedness Act. 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.
HHS declined CNBC’s request for an interview.
Dunn thinks a big reason for the unprecedented protection has to do with the expedited
timeline.
“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 Dunn.
It is very rare for a blanket immunity law to be passed. … Pharmaceutical companies
typically aren’t offered much liability protection under the law.
Rogge Dunn
Dallas labor and employment attorney
The quickest vaccine ever developed was for mumps. It took four years and was licensed
in 1967. Pfizer’s Covid-19 vaccine was developed and cleared for emergency use in eight
months — a fact that has fueled public mistrust of the coronavirus inoculation in the U.S.
Roughly 4 in 10 Americans say they would “definitely” or “probably” not get vaccinated,
according to a recent survey by the Pew Research Center. While this is lower than it was
two months ago, it still points to a huge trust gap.
But drugmakers like Pfizer continue to reassure the public no shortcuts were taken. “This
is a vaccine that was developed without cutting corners,” CEO Dr. Albert Bourla said in an
interview with CNBC’s “Squawk Box” on Monday. “This is a vaccine that is getting
approved by all authorities in the world. That should say something.”
The legal immunity granted to pharmaceutical companies doesn’t just guard them against
lawsuits. Dunn said it helps lower the cost of the immunizations.
“The government doesn’t want people suing the companies making the Covid vaccine.
Because then, the manufacturers would probably charge the government a higher price
per person per dose,” Dunn explained.
Pfizer and Moderna did not return CNBC’s request for comment on their legal protections.
Is anyone liable?
Remember, vaccine manufacturers aren’t the ones approving their product for mass
distribution. That is the job of the FDA.
Which begs the question, can you sue the U.S. government if you have an extraordinarily
bad reaction to a vaccine?
Again, the answer is no.
“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.”
Sovereign immunity came from the king, explains Dunn, referring to British law before the
American Revolution. “You couldn’t sue the king. So, America has sovereign immunity, and
even each state has 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.
Bringing workers back to the office in a post-Covid world also carries with it a heightened
fear of liability for employers. Lawyers across the country say their corporate clients are
reaching out to them to ask whether they can require employees to get immunized.
Dunn’s clients who run businesses serving customers in person or on site are most
interested in mandating a Covid vaccine for staff.
“They view it as a selling point,” Dunn said. “It’s particularly important for restaurants,
bars, gyms and salons. My clients in that segment of the service industry are looking hard
at making it mandatory, as a sales point to their customers.”
While this is in part a public relations tactic, it is legally within an employer’s rights to
impose such a requirement.
“Requiring a vaccine is a health and safety work rule, and employers can do that,” said
Reiss.
There are a few notable exceptions. If a work force is unionized, the collective bargaining
agreement may require negotiating with the union before mandating a vaccine.
Anti-discrimination laws provide some protections as well. Under the Americans with
Disabilities Act, workers who don’t want to be vaccinated for medical reasons are eligible
to request an exemption. If taking the vaccine is a violation of a “sincerely held” religious
belief, Title VII of the Civil Rights Act of 1964 would potentially provide a way to opt out.
Should none of these exemptions apply, employees may have some legal recourse if they
suffer debilitating side effects following a work-mandated Covid inoculation.
Attorneys say claims would most likely be routed through worker’s compensation
programs and treated as an on-the-job injury.
“But there are significant limits or caps on the damages an employee can recover,” said
Dunn. He added that it would likely be difficult to prove.
Mandatory vaccination protocols, however, may not happen until the FDA formally
approves the vaccines and grants Pfizer and BioNTech or Moderna a license to sell them,
which will take several more months of data to show their safety and effectiveness.
“An emergency use authorization is not a license,” said Reiss. “There’s a legal question as
to whether you can mandate an emergency observation. The language in the act is
somewhat unclear on that.”
$50,000 a year
The government has created a way for people to recover some damages should
something go wrong following immunization.
In addition to the legal immunity, the PREP Act established the Countermeasures Injury
Compensation Program (CICP), which provides benefits to eligible individuals who suffer
serious injury from one of the protected companies.
The little-known government program has been around for a decade, and it is managed by
an agency under HHS. This fund typically only deals with vaccines you probably would
never get, like the H1N1 and anthrax vaccines.
If a case for compensation through the CICP is successful, the program provides up to
$50,000 per year in unreimbursed lost wages and out-of-pocket medical expenses. It
won’t cover legal fees or anything to compensate for pain and suffering.
It is also capped at the death benefit of $370,376, which is the most a surviving family
member receives in the event that a Covid vaccine proves to be fatal.
But experts specializing in vaccine law say it is difficult to navigate. “This government
compensation program is very hard to use,” said Reiss. “The bar for compensation is very
high.”
Also worrisome to some vaccine injury lawyers is the fact that the CICP has rejected a
majority of the compensation requests made since the program began 10 years ago. Of
the 499 claims filed, the CICP has compensated only 29 claims, totaling more than $6
million.
People who are harmed by a Covid vaccine deserve to be compensated fast and
generously. The PREP Act doesn’t do that.
Dorit Reiss
professor at the University of California Hastings College of Law
David Carney, vice president of the Vaccine Bar Association, said the CICP might deny a
claim for a variety of reasons. “One reason might be that the medical records don’t
support a claim,” said Carney, who regularly deals with vaccine injury cases. “We have to
litigate a lot of really complex issues … and provide a medical basis for why the injury
occurred.”
Proving an injury was a direct result of the Covid vaccine could be difficult, according to
Carney. “It’s not as simple as saying. ‘Hey, I got a Covid treatment, and now I have an
injury.’ There is a lot of burden of proof there.”
There is also a strict one-year statute, meaning that all claims have to be filed within 12
months of receiving the vaccine.
“People who are harmed by a Covid vaccine deserve to be compensated fast and
generously,” said Reiss. “The PREP Act doesn’t do that.”
Lawyers tell CNBC that it would make more sense for Covid vaccine injuries to instead be
routed through another program under the HHS called the National Vaccine Injury
Compensation Program, which handles claims for 16 routine vaccines. Known colloquially
as “vaccine court,” the program paid on about 70% of petitions adjudicated by the court
from 2006 to 2018.
And since it began considering claims in 1988, the VICP has paid approximately $4.4
billion in total compensation. That dwarfs the CICP’s roughly $6 million in paid benefits
over the life of the program.
The VICP also gives you more time to file your claim. You have three years from the date of
the first symptom to file for compensation.
“The VICP allows for recovery of pain and suffering, attorney’s fees, along with medical
expenses and lost wages, if any,” said Michael Maxwell, a lawyer who practices in the
areas of business litigation and personal injury. “Under the CICP, it’s only lost wages and
out-of-pocket medical expenses. That’s it, unless there’s a death.”
The Covid-19 vaccines, however, aren’t on the list of eligible vaccines.
Reiss said the best fix would be to change VICP’s rulebook to add Covid vaccines to its list
of covered inoculations. “That will require legislative change. I hope that legislative change
happens.”