PREP Act Immunity for Injuries Caused by Covid Vaccines Is Not Going Away Anytime Soon

The U.S. government contractually guaranteed Pfizer and Moderna they would have PREP Act immunity.

While the White House has finally announced that the national public health emergency will be ending on May 11, 2023, that will not end the PREP Act immunity given to Pfizer and Moderna for injuries caused by their Covid-19 vaccines currently set to expire on October 1, 2025.[1]

This is because the Secretary of the U.S. Department of Health and Human Services (HHS), who instituted the PREP Act immunity for Covid-19 vaccines, needs to rescind this immunity. A White House declaration that the pandemic is over is not sufficient.

And don’t hold your breath that the Secretary of HHS will end the PREP Act immunity for Covid-19 vaccines anytime soon. This is because when the U.S. government purchased Covid-19 vaccines from Pfizer and Moderna, it contractually agreed to keep the PREP Act immunity in place for as long as their vaccines are used by the United States.

Yes, you read that correctly: the U.S. government promised Pfizer and Moderna that it could not be sued for harms from its Covid-19 vaccines, irrespective of whether an emergency continued to exist. It thus guaranteed the American public that Pfizer and Moderna can harm them with impunity with their products and guaranteed Pfizer and Moderna billions of dollars for this privilege.

Even worse, the U.S. government guaranteed this immunity in July 2020 for Pfizer and Moderna, months before it first authorized their Covid-19 vaccines in December 2020. Meaning, the U.S. government pre-guaranteed them immunity from any harm caused by their products, thus, knowingly undermining any incentive for them to create a safe product.

And how much were Pfizer and Moderna guaranteed to be paid by the U.S. government to develop a product that could harm its own citizens with impunity? A total of over $21 billion -- $8.63 billion for Moderna and $13.15 billion for Pfizer.  

The following is an excerpt from one of the contracts with these companies guaranteeing the PREP Act immunity and here are links to the contracts: Pfizer ($1.95B), Pfizer ($11.2B), Moderna ($.43B), and Moderna ($8.2B).

This contractual requirement, as it plainly provides, means the U.S. government can only use the Pfizer and Moderna vaccines it purchased for billions of dollars if the PREP Act immunity continues to apply. 

The Fallout

The implications are incredible. To start, Pfizer and Moderna can literally sue the U.S. government for breach of contract and potentially other relief if the PREP Act immunity is terminated before the United States’ use of their COVID-19 vaccines ceases.

Only in an upside-down world would the U.S. government siphon over $21 billion of its citizen’s taxpayer dollars to Pfizer and Moderna and pre-guarantee a profit motivated company sweeping immunity for harms its product causes to its own citizens.  

To put this into perspective: The U.S. government guaranteed Pfizer and Moderna immunity for injuries from their products before they were even developed, thereby eliminating the incentive for these companies to make their product safe. Worse, it gave these companies billions of dollars of its citizens’ money to develop these products, and even more incredible, it then spent billions more of its citizen’s money to promote Pfizer’s product as “safe and effective.” And in an ultimate slap to its citizens, then it required them to be injected with this product under the threat of grave consequences, including expulsion from school, losing their job, discharge from the military, etc.

Who is Being Protected?

Who exactly is the U.S. government working for? Whose interests is it protecting?

Government agencies have a well-documented history of being captured by industry. It is known in political science as regulatory capture. In this case, the capture is by pharma and the degree of capture is unprecedented.

You, the collective citizens of the United States, have paid Pfizer and Moderna billions of dollars. You have paid with your bodies when you were injured without recourse against Pfizer or Moderna. You have paid with your right to freedom when you were forced to be injected with their products under penalty of losing basic civil rights, employment or worse. 

And what has Pfizer and Moderna paid? Nothing. They instead were paid billions of dollars of your money as long as they developed a Covid-19 vaccine and were shielded from liability irrespective of how unsafe of a product they developed or how much harm it would cause the public that paid them. 

The Solution

The above again brings into focus why no medical product should ever be mandated. This assures you can say “no” if you don’t want a product developed with pre-guaranteed immunity for harms. “No” where its clinical trial had more deaths in the vaccinated than the placebo group. “No” where it generates over $55 billion in revenue but its morally bankrupt manufacturers won’t spend a dollar to compensate those injured.

Even if you love all the current vaccines, masks, etc., there may come a day when you may not want to take a mandated medical product or procedure. When that day comes, it may be too late to recapture the rights you have surrendered. Rights lost are rarely retrieved. This is why, while everyone should be free to take any medical product, everyone should also be free to decline any medical product without penalty.

It should be that simple.

Take Action

To that end, I encourage you to send the following proposed legislation to your legislative representatives:

“No law may require or coerce a person to receive or use a medical product, or impose a penalty or deprive a benefit for refusing a medical product or refusing to disclose whether a person has received a medical product.”

Medical freedom is freedom. If you cannot get a job, go to school, play sports, sit in a restaurant, or otherwise participate in civil society because you refuse a medical product, then what good are your rights if you can only exercise them at home by yourself?  That is why medical freedom is a fundamental right that must be permanently fixed into the law of every civilized nation.

Thank you to all the warriors, veteran and new, who join arms in the battle to secure this fundamental right. As aptly stated in the Declaration of Independence, we “are endowed by their Creator with certain unalienable Rights” and to safeguard those rights “we mutually pledge to each other our Lives, our Fortunes, and our sacred Honor.” We must never yield to the tyranny of permitting others to dictate what can or must be placed, administered or injected onto or into our bodies. For once that right is ceded, none truly remain.

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[1] The PREP Act immunity for most medical countermeasures related to Covid-19 ends on October 1, 2024 but there is an additional 12 months of immunity protection for those involved with selling and administering Covid-19 vaccines so they have additional time to dispose and stop using these products before the immunity to harm with impunity ends.