by Alex Berenson, Unreported Truths:
Other products do not have absolute lawsuit protection; why should vaccines – especially expensive new ones – be any different?
Lawsuits aren’t fun.
At best they’re draining and distracting – especially against big companies with tough legal teams. (Trust me.) Federal courts have now raised the bar even to reach the “discovery” phase of suits, where plaintiffs can see documents relevant to their claims.
No, lawsuits aren’t fun. No one sues a Fortune 500 company for kicks.
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But sometimes they’re are necessary. Except, apparently, when it comes to vaccines1.
In its infinite wisdom, in 1986, Congress passed a law making it nearly impossible for any American to sue pharmaceutical companies over vaccine injuries. Instead, it routed all claims to a special federal court program that would judge possible injuries on a “no-fault” basis and compare them to a prespecified list of injuries.
In 2011, the Supreme Court affirmed and even strengthened the protection that the 1986 law gave Big Pharma, ruling that it prevented any lawsuits over “design defects” in the vaccines it covered.
In other words, as long as a drug company has issued boilerplate warnings about its vaccines, it essentially cannot be sued outside the vaccine court program unless it sells a contaminated vaccine batch.
The law covers any vaccine that the Centers for Disease Control has recommended for “routine administration” to children or pregnant women – that is, nearly all vaccines. (mRNA Covid jabs are for the moment covered separately, under a 2005 law about epidemic responses that offers even more complete immunity to Big Pharma. Eventually they are likely to move under the umbrella of the 1986 law.)
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On principle, I think offering complete immunity to corporations is a mistake.
Tort lawsuits and plaintiffs’ lawyers can be annoying. They are also essential.
When companies cut corners on product design, when they hide problems or risks, when they mislead regulators (or buy them off with revolving door hiring), when they promote their products in blatantly false ways, lawsuits can be the only way to hold companies accountable. They’re a last resort, a way to get justice for defective or dangerous products from the Ford Pinto to Oxycontin.
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