Fashion Institute of Technology Health Insurance
Vaccine makers have nothing to lose past marketing their experimental COVID-nineteen shots, even if they cause serious injury and decease, as they savor full indemnity against injuries occurring from COVID-nineteen vaccines or whatsoever other pandemic vaccine under the Public Readiness and Emergency Preparedness (PREP) Act, passed in the U.South. in 2005.
The full extent of their COVID-19 vaccine indemnification agreements with countries, notwithstanding, is a closely guarded secret, one that has remained highly confidential — until now. A leaked document broken downwards by Twitter user Ehden reveals the shocking terms of Pfizer's international COVID-19 vaccine agreements. He wrote:
"These agreements are confidential, merely luckily one country did not protect the contract document well enough, then I managed to get a concord of a re-create. Equally y'all are about to see, there is a skillful reason why Pfizer was fighting to hide the details of these contracts."
An ironclad agreement, all on Pfizer's terms
The alleged indemnification agreement, reportedly between Pfizer and Albania, was originally posted in snippets on Twitter, only Twitter now has them marked as "unavailable." Copies of the tweets are available on Treadreader, however.
The Republic of albania understanding appears very similar to some other contract, published online, betwixt Pfizer and the Dominican Republic. Information technology covers not only COVID-19 vaccines, but any production that enhances the use or furnishings of such vaccines. Countries that purchase Pfizer's COVID-19 shot must acknowledge that "Pfizer'southward efforts to develop and manufacture the Product" are "subject to significant risks and uncertainties."
And in the event that a drug or other handling comes out that can forestall, treat or cure COVID-19, the agreement stands, and the state must follow through with their order. Ivermectin , for instance, is not only condom, inexpensive and widely available but has been found to reduce COVID-xix mort ality by 81% . Still, it continues to be ignored in favor of more expensive, and less effective, treatments and mass experimental vaccination. Ehden wrote:
"If you were wondering why #Ivermectin was suppressed, well, information technology is considering the agreement that countries had with Pfizer does not allow them to escape their contract, which states that even if a drug will be found to treat COVID19 the contract cannot be voided."
Even if Pfizer fails to deliver vaccine doses within their estimated delivery flow, the purchaser may non abolish the order. Further, Pfizer tin brand adjustments to the number of contracted doses and their delivery schedule, "based on principles to exist determined by Pfizer," and the state ownership the vaccines must "concur to any revision."
Information technology doesn't affair if the vaccines are delivered severely late, fifty-fifty at a point when they're no longer needed, as information technology's made clear that
"Under no circumstances volition Pfizer be subject to or liable for whatever late delivery penalties." As you might suspect, the contract also "forbids returns under any circumstances."
The large secret: Pfizer charged U.S. More than Than Other Countries
While COVID-19 vaccines are "free" to receive in the U.S., they're being paid for by taxpayer dollars at a rate of $19.5011 per dose. Albania, the leaked contract revealed, paid $12 per dose, while the Eu paid $fourteen.70 per shot. While charging different prices to different purchases is common in the drug industry, it'due south ofttimes frowned upon.
In the instance of the price disparity between the U.S. and the EU, Pfizer is said to have given a price break to the EU because it financially supported the development of their COVID-nineteen vaccine. Still, Ehden noted, "U.Due south. taxpayers got screwed by Pfizer, probably besides State of israel." Also, Pfizer makes a point to annotation that countries have no correct to withhold payment to the company for any reason.
Apparently, this includes in the case of receiving damaged appurtenances. Purchasers of Pfizer's COVID-nineteen vaccines are not entitled to turn down them "based on service complaints," unless they do non conform to specifications or the FDA's Current Good Manufacturing Practice regulations. And, Ehden adds, "This agreement is above any local police force of the state."
While the purchaser has nigh no fashion of canceling the contract, Pfizer can terminate the agreement in the issue of a "material breach" of any term in their contract.
Safety and efficacy 'non currently known'
The purchaser of Pfizer's COVID-19 vaccine must also acknowledge two facts that have largely been brushed nether the rug: Both their efficacy and risks are unknown. Co-ordinate to section 5.v of the contract:
"Purchaser acknowledges that the Vaccine and materials related to the Vaccine, and their components and constituent materials are beingness apace developed due to the emergency circumstances of the COVID-19 pandemic and will go along to be studied after provision of the Vaccine to Purchaser nether this Understanding."Purchaser further acknowledges that the long-term effects and efficacy of the Vaccine are not currently known and that there may be agin furnishings of the Vaccine that are not currently known."
Indemnification past the purchaser is likewise explicitly required by the contract, which states, under section 8.i:
"Purchaser hereby agrees to indemnify, defend and hold harmless Pfizer, BioNTech, each of their Affiliates, contractors, sub-contractors, licensors, licensees, sub-licensees, distributors, contract manufacturers, services providers, clinical trial researchers, third parties to whom Pfizer or BioNTech or whatsoever of their respective Affiliates may directly or indirectly owe an indemnity based on the research ...
"from and confronting whatever and all suits, claims, actions, demands, losses, amercement, liabilities, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other expenses of an investigation or litigation ... arising out of, relating to, or resulting from the Vaccine ..."
Meanwhile, the purchaser must also keep the terms of the contract confidential for a flow of ten years.
Non just does Pfizer take total indemnification, but there'due south also a section in the contract titled, "Supposition of Defense by Purchaser," which states that in the result Pfizer suffers losses for which it is seeking indemnification, the purchaser
"shall promptly assume acquit and command of the defence force of such Indemnified Claims on behalf of the Indemnitee with counsel acceptable to Indemnitee(s), whether or non the Indemnified Claim is rightfully brought."
Ehden notes:
"Pfizer is making sure the country will pay for everything: 'Costs and expenses, including ... fees and disbursements of counsel, incurred past the Indemnitee(s) in connection with any Indemnified Claim shall be reimbursed on a quarterly footing by Purchaser.'"
Buried in the March 17, 2020, Federal Annals — the daily journal of the U.Due south. government — in a document titled, "Annunciation Nether the Public Readiness and Emergency Preparedness Human activity for Medical Countermeasures Confronting COVID-nineteen," is language that establishes a new COVID-xix vaccine court — like to the federal vaccine court that already exists.
In the U.S., vaccine makers already savor full indemnity against injuries occurring from this or any other pandemic vaccine under the PREP Human action. If y'all're injured by a COVID vaccine (or a select group of other vaccines designated nether the human activity), y'all'd have to file a compensation claim with the Countermeasures Injury Compensation Program (CICP), which is funded by U.S. taxpayers via Congressional appropriation to the Section of Health and Human Services (DHHS).
While similar to the National Vaccine Injury Compensation Program (NVICP), which applies to nonpandemic vaccines, the CICP is fifty-fifty less generous when it comes to compensation. As reported by Dr. Meryl Nass, the maximum payout you can receive — even in cases of permanent disability or death — is $250,000 per person; withal, you'd accept to exhaust your private insurance policy before the CICP gives you lot a dime.
The CICP too has a i-year statute of limitations, so you have to act rapidly, which is also hard since it'due south unknown if long-term effects could occur more than than a year after.
Pfizer defendant of abuse of power
As is apparent in Pfizer'due south confidential contract with Albania, the drug giant wants governments to guarantee the company will be compensated for any expenses resulting from injury lawsuits against it. Pfizer has also demanded that countries put up sovereign assets , including bank reserves, military bases and embassy buildings, as collateral for expected vaccine injury lawsuits resulting from its COVID-19 inoculation.
New Delhi-based World Is One News (WION) reported in February 2021 that Brazil rejected Pfizer'due south demands, calling them "calumniating." The demands included that Brazil:
- "Waives sovereignty of its assets abroad in favor of Pfizer."
- Not apply its domestic laws to the company.
- Not penalize Pfizer for vaccine commitment delays.
- Exempt Pfizer from all civil liability for side furnishings.
STAT News also referred to concerns by legal experts, who also suggested Pfizer's demands were an corruption of power. Mark Eccleston-Turner, a lecturer in global health constabulary at Keele Academy in England, told STAT:
"[Pfizer] is trying to eke out as much turn a profit and minimize its chance at every juncture with this vaccine development then this vaccine rollout. Now, the vaccine development has been heavily subsidized already. So at that place's very minimal risk for the manufacturer involved there."
Signs of COVID vaccine failure, adverse effects rise
Pfizer continues to sign lucrative secret vaccine deals beyond the earth. In June 2021, they signed ane of their biggest contracts to date — with the Philippine authorities for 40 million doses .
Meanwhile, COVID-19 "breakthrough cases," which used to be called vaccine failures, are on the ascension. According to the U.Southward. Centers for Illness Control and Prevention (CDC), every bit of July xix, 5,914 people who had been fully vaccinated for COVID-nineteen were hospitalized or died from COVID-19.
In the U.G., as of July xv, 87.5% of the adult population had received i dose of COVID-19 vaccine and 67.1% had received two. Yet, symptomatic cases among partially and fully vaccinated are on the rising , with an average of 15,537 new infections a day beingness detected, a 40% increase from the week before.
In a July 19 written report from the CDC, the agency besides reported that the Vaccine Adverse Consequence Reporting System (VAERS) had received 12,313 reports of expiry amongst people who received a COVID-xix vaccine — more than doubling from the 6,079 reports of death from the week before.
Soon after the report, however, they reverted the number to the 6,079 from the week earlier, indicating by default that no deaths from the vaccine had occurred that week, raising serious questions about transparency and vaccine rubber.
Many other adverse events are as well appearing, ranging in risks from the biologically active SARS-CoV-two spike protein used in the vaccine to blood clots, reproductive toxicity and myocarditis ( middle inflammation ). As yous tin can see in the confidential indemnification agreements, however, even if the vaccine turns out to be a dismal failure — and a chance to short- and long-term health — countries take no recourse, nor does anyone who received the experimental shots.
One question that we should all be asking is this: If the COVID-19 vaccines are, in fact, as safe and effective every bit the manufacturers claim, why exercise they crave this level of indemnification?
The views and opinions expressed in this article are those of the authors and do not necessarily reverberate the views of Children'due south Health Defense.
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