medical covid-19
Can Pfiser be sued for side effects of covid vaccine?
<p>The way I understand this CNBC video <a href="https://youtu.be/nJbd402xj0Q" rel="nofollow noreferrer">https://youtu.be/nJbd402xj0Q</a>, Pfiser could not be sued because the covid vaccine was not FDA approved. This is how i understand it.</p>
<p>Now that the Pfiser covid vaccine is FDA approved, does Pfiser has any responsibility for  side effects? Pfiser was FDA approved on August 23.</p>
<hr />
<p>Question: if a patient got both doses before August 23, is this   patient <strong>not</strong> covered for any side effect?</p>
<p>Question: if a patient got the first dose before August 23, BUT the second dose after August 23,  is this patient partially insured for the side effect?</p>
<p>Question: if a patient got both doses after August 23, is this patient fully insured?</p>
<p>If there are proven side effect 3 or more years down the road, then how does this FDA approval change plaintiffs chances to win a lawsuit?</p>

<p>CNBC's explanation is simply wrong. <a href="https://www.law.cornell.edu/uscode/text/42/247d-6d" rel="noreferrer">The law</a> says that a vaccine manufacturer is</p>
<blockquote>
<p>immune from suit and liability under Federal and State law with
respect to all claims for loss caused by, arising out of, relating to,
or resulting from the administration to or the use by an individual of
a covered countermeasure if a declaration under subsection (b) has
been issued</p>
</blockquote>
<p>and there was a <a href="https://www.federalregister.gov/documents/2020/03/17/2020-05484/declaration-under-the-public-readiness-and-emergency-preparedness-act-for-medical-countermeasures" rel="noreferrer">declaration under subsection (b)</a>. This immunity is not conditioned either way by being approved, indeed the declaration states</p>
<blockquote>
<p>To be a Covered Countermeasure, qualified pandemic or epidemic
products or security countermeasures also must be approved or cleared
under the FD&amp;C Act; licensed under the PHS Act; or authorized for
emergency use under Sections 564, 564A, or 564B of the FD&amp;C Act</p>
</blockquote>
<p>The liability immunity is not perpetual, the declaration says:</p>
<blockquote>
<p>Liability immunity for Covered Countermeasures administered and used
in accordance with the public health and medical response of the
Authority Having Jurisdiction begins with a Declaration and lasts
through (1) the final day the emergency Declaration is in effect, or
(2) October 1, 2024, whichever occurs first.</p>
</blockquote>
<p>That doesn't mean that there can't be another declaration in the future.</p>
<p>Immunity of a manufacturer to liability is not related to a patient being &quot;covered&quot;.  There are other ways in which a patient could be &quot;covered&quot;. One of them is the <a href="https://www.hrsa.gov/CICP" rel="noreferrer">Countermeasures Injury Compensation Program</a> and the other is the <a href="https://www.hrsa.gov/vaccine-compensation/index.html" rel="noreferrer">National Vaccine Injury Compensation Program</a>, which presently redirects you to CICP.</p>

<p>In the US, no. Under the Public Readiness and Emergency Preparedness Act, the Secretary of Health and Human Services can grant immunity for &quot;covered countermeasures&quot; against actual or potential public health emergencies. This immunity can apply to manufacturers, distributors, planners, and people who prescribe, dispense, and administer covered countermeasures. The only exception is for willful misconduct. The HHS Secretary has issued one of these <a href="https://www.phe.gov/Preparedness/legal/prepact/Pages/default.aspx" rel="nofollow noreferrer">declarations</a> for COVID vaccines, so Pfizer continues to be immune under the PREP Act.</p>
<p>A PREP Act declaration triggers a federal compensation program for injuries: the <a href="https://www.hrsa.gov/cicp" rel="nofollow noreferrer">Countermeasures Injury Compensation Program</a> This is similar in concept to the <a href="https://www.hrsa.gov/vaccine-compensation/index.html" rel="nofollow noreferrer">National Vaccine Injury Compensation Program</a> used for childhood vaccines, although there are some differences in the fine print. This compensation is paid by the federal government out of a congressional appropriation.</p>
