How on earth can any private company mandate the vax – regardless of SC decision?
Aren’t they opening themselves up to all matters of liability? This seems legally suicidal. Disclosure – I’m no lawyer – background in mechanical engineering.
Please let me know if my facts are straight:
The only vax with full FDA approval is marketed under the name “Comirnaty” by Pfizer/Biontech
Comirnaty received FDA approval nearly 5 months ago.
My understanding is that not a single dose of Comirnaty has been produced outside those for the clinical trails – let alone distributed and injected. Read down a bit and you’ll begin to understand why.
Pfizer-Biontech are still producing and distributing the EUA vaccine – and only the EUA vaccine.
We are told the EUA vax and Comirnaty are identical. The label in Comirnaty says it is 100% interchangeable with the Pfizer/Biontech EUA vaccine from a dosing standpoint.
While it may be “interchangeable,” it couldn’t be more distinct – legally.
Manufacturers are held harmless from liability on any EUA drug. They don’t get this “all-benefit – no risk” deal with FDA approved medicines.
So even though Comirnaty has been FDA approved for almost 5 months, Pfizer/Biontech continue to produce and distribute only the EUA version. It make total sense from a business standpoint: Produce a medicine with full immunity from any liability, or produce an “interchangeable” medicine at the same profit level (I assume) that is subject to all liability.
Moderna and J&J are yet to be awarded full FDA approval. Pfizer/Biontech would be at a severe competitive disadvantage if they produced and distributed Comirnaty – which is subject to liability – at the same time that Moderna’s & J&J’s competing products are not.
The only vaccines available – even today – are those with EAU. Pfizer-Biontech, Moderna, J&J.
The manufacturers are held harmless from liability for any side effects of these medicines – up to and including death.
Here’s a quote directly from the Comirnaty label. See page 5 for yourself. After listing known side-effects (italics my emphasis):
“These may not be all the possible side effects of the vaccine. Serious and unexpected side effects may occur. The possible side effects of the vaccine are still being studied in clinical trials.”
Your employer is mandating that you must take a medicine. The manufacturer of this medicine is held harmless from liability.
Again – no lawyer – but if the manufacturer of this medicine is held harmless – and you can’t sue the FDA – or the CDC – or OSHA – or the executive who wrote the executive order – then who is left holding the bag?
A sharp lawyer could make a compelling argument that the company is on the hook for any and all damages caused by mandating their employees take an experimental medication in order to remain employed there.
Sure – the company’s opposing counsel could argue that no employee was technically forced to take an experimental medication. After all, they had the option of just quitting or being fired. Good luck with that. Bad optics either way.
So to all the companies mandating the vax for their employees who wish to remain employed there – know this:
You forced your employees to be unpaid participants in a clinical trial for which the manufacturer of the drugs being studied in the trail is held harmless from any and all liability. I don’t know the legalese term for that but reckless is nowhere near strong enough.
Of course we all know that when manufactures are held harmless from liability, they are extra extra careful. They pinky-swear it.
I don’t know – perhaps even a not so bright one could make the case…
However, there will be some difficulty proving the vaccines are the cause for any harmful side-effects, since the placebo group is now MIA.