Lawyer: Pfizer COVID-Related Lawsuits Allege ‘Willful Misconduct’

OPINION | This article contains the author's opinion.

The Public Readiness and Emergency Preparedness Act (PREP Act) provides COVID-19 vaccine manufacturers with immunity from lawsuits, but “willful misconduct” is an exception.

Pfizer-BioNTech’s vaccine was found to contain a Simian Virus 40 (SV40) DNA sequence, not disclosed to the public.

The FDA has not confirmed if Pfizer highlighted the sequence, and the agency alleged no safety concerns without providing evidence. (Trending: Olympic Gold Medalist Sentenced For Jan 6)

“I think what we have here is willful misconduct,” Mat Staver, chairman of Liberty Counsel, stated.

“I can’t imagine that the FDA knew about this. There’s nothing in the FDA documents that would that I am aware of yet where they knew about this contaminant,” Staver said.

The act has prevented lawsuits, but recent developments, including the SV40 revelation, could change that.

“The latest conversation that we’ve been talking about … is whether we have access right now, at least for some people, to prove battery,” said American lawyer Warner Mendenhall.

In order for there to be informed consent, people must first have information, “and nobody knew about the SV40,” he pressed.

“And if you haven’t consented, and somebody does something to you without being informed and given proper consent, it’s called battery.”

“So, there is some opening for battery cases. And we’re in discussions right now, and those may be able to be brought as as what are called mass torts or mass cases. So we’re working on that.”

A Michigan judge ruled against Gilead Sciences, and the SV40 sequence could help plaintiffs challenge the legal immunity provided by the PREP Act.

Liberty Counsel is considering lawsuits, and lawyers are exploring battery cases due to lack of informed consent regarding the SV40.

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