by John-Michael Dumais, Childrens Health Defense:
Lawsuits filed against COVID-19 vaccine maker Pfizer and the U.S. Department of Defense are drawing attention to injuries and deaths allegedly caused by the vaccines, but will they succeed? Experts joined journalist Megyn Kelly to debate the legal issues.
Megyn Kelly on Monday hosted a discussion with legal experts about two pending lawsuits aimed at holding COVID-19 vaccine manufacturers and the federal government accountable for deaths related to the vaccines.
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The lawsuits, filed against COVID-19 vaccine manufacturer Pfizer and the U.S. Department of Defense (DOD), are bringing attention to injuries and deaths allegedly caused by the vaccines.
Plaintiffs in the two lawsuits aim to hold these entities accountable by proving that their constitutional rights were violated and those who pushed the vaccines misrepresented the risks.
However, health freedom rights attorney and Children’s Health Defense (CHD) senior outside counsel Ray Flores told The Defender these lawsuits face significant challenges due to liability protections under the Public Readiness and Emergency Preparedness (PREP) Act.
The first lawsuit Kelly discussed was brought by Dan Hartman of Ontario, Canada, who is suing Pfizer for $35.6 million for the wrongful death of his 17-year-old son Sean on Sept. 27, 2021. Sean was found deceased in his bedroom by his mother 33 days after receiving the first dose of the COVID-19 vaccine.
Idaho pathologist Dr. Ryan Cole determined the vaccine was responsible for Sean’s death. However, the family was denied compensation by Canada’s Vaccine Injury Support Program.
Kelly said the lawsuit alleges willful misconduct because “Pfizer owed a duty of care to Hartman, to accurately inform him of all the risks associated with this vaccine, and that … they provided an incorrect characterization of the efficacy data [and] discontinued results of adverse events on vaccinated people in the study [by vaccinating the placebo arm],” among other claims.
In the second lawsuit, supported by CHD, the family of George Watts, Jr. from Lockwood, New York is suing the DOD for willful misconduct in the death of their son in October 2021, a month after he took the second dose of the Pfizer vaccine.
Watts was 24 when he died from complications of vaccine-induced myocarditis. Flores represents the family in the Watts case.
Kelly said the lawsuit accuses the DOD of committing willful misconduct by “deceiving millions of Americans into taking the COVID vaccines, which they [plaintiffs] say were unsafe.”
In a motion to dismiss the case, the DOD argued it has sovereign immunity, a legal doctrine asserting the state cannot commit wrongdoing and therefore cannot be sued.
Flores is opposing the motion, by contending that foreclosing all remedies violates the Fifth Amendment of the U.S. Constitution.
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