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Proprietary COVID-19 and Vaccine thread

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So with these new shots, they won't get the EUA label since there are CDC approved treatments on the market, right?

So that means this round will be open to lawsuits if they injure patients, right?

So that means we won't see as many 'doctors' hawking them this time, right?
 
So with these new shots, they won't get the EUA label since there are CDC approved treatments on the market, right?

So that means this round will be open to lawsuits if they injure patients, right?

So that means we won't see as many 'doctors' hawking them this time, right?
No.

U.S. Implications: The PREP Act

In March 2020, the U.S. Department of Health and Human Services (HHS) secretary issued the Public Readiness and Emergency Preparedness (PREP) Act pertaining to COVID-19 tests, drugs and vaccines. This declaration aimed to provide liability protections to various entities involved in the development, distribution and administration of COVID-19 countermeasures.

Unless a party engages in willful misconduct, covered entities—including biopharma vaccine manufacturers—are granted immunity from lawsuits and liability under federal and state law for claims related to losses resulting from the administration or use of covered countermeasures, such as COVID-19 vaccines. The PREP Act sunsets on Oct. 1, 2024, but for now, this means that Pfizer, Moderna and Novavax—the three U.S.-based producers of COVID-19 vaccines—are protected by complete immunity, except in the case of a willful violation.

“Willful violations are very hard to prove. You have to show that the company knew about some danger and proceeded anyway,” Ochoa said. “It’s a very hard standard.”

However, he added that even after the PREP Act expires, the standard for seeking damages from pharma manufacturers is incredibly high and, practically speaking, arduous to litigate with little chance of success.

 
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