One cannot sue Moderna or Pfizer even if there are side effects, government won’t pay either

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Kathmandu, December 18. In the United States, a unique law has been passed where vaccine companies Moderna and Pfizer have been granted with immunity, in case unintentionally something goes wrong with their vaccine and its side effects. One cannot sue those companies if one falls ill with the side effects of the virus.

Rogge Dunn, a Dallas labor and employment attorney, said, “It is very rare for a blanket immunity law to be passed. Pharmaceutical companies typically aren’t offered much liability protection under the law.” One cannot sue the Food and Drug Administration for authorizing such a vaccine. The Congress created a fund to cover out-of-pocket medical expenses but it rarely compensated for the complaints filed since the last decade.

The Public Readiness and Emergency Preparedness Act allows legal protection to companies preparing critical medical supplies such as vaccines, until there is “willful misconduct” by the companies. The act will last till 2024. In an article in CNBC, it is said that 4 out of 10 Americans will not get themselves vaccinated.

Dunn said that the legal protection does not protect the companies against the lawsuits but reduces the vaccine prices for the government. He said, “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.”

A person also cannot sue the government for severe side effects caused from the vaccine. The vaccines are approved from the Food and Drug Administration (FDA), which works under the government. Dorit Reiss, a professor at the University of California Hastings College of Law, said, “You can’t sue the FDA for approving or disapproving a drug. That’s part of its sovereign immunity.”

The Countermeasures Injury Compensation Program (CICP) can provide individuals with compensation if they suffer a serious injury. If their case is successful then they can get a compensation of US$ 50,000 per year. However, few cases get their compensations. Out of 499 cases filed, only 29 were approved to be compensated by the program. Similarly, Vaccine Injury Compensation Program (VICP) works in similar manners but the covid vaccine is not on their list.

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