by Sean Adl-Tabatabai, The Peoples Voice:
In a bid to dismantle Big Pharma’s immunity, Texas Attorney General Ken Paxton has escalated his battle against Pfizer to the U.S. Court of Appeals for the 5th Circuit. Filed on Wednesday, the appeal contests a federal court’s dismissal of a lawsuit accusing Pfizer of deceptive claims about its COVID-19 vaccine, directly challenging the protective shield of the Public Readiness and Emergency Preparedness Act (PREP Act).
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This case signals a growing revolt against the unchecked power of vaccine manufacturers, as multiple states rally to question the PREP Act’s blanket liability protections. By confronting Pfizer’s alleged misrepresentations, Paxton’s fight aims to hold pharmaceutical giants accountable, potentially reshaping the legal landscape for drugmakers long insulated from scrutiny.
Naturalnews.com reports: Texas sued Pfizer in state court in November 2023, alleging that the company violated the Texas Deceptive Trade Practices Act (DTPA) by misleading the public about the efficacy and safety of its COVID-19 vaccine. The state claims that Pfizer capitalized on the public’s fear and uncertainty, touting the vaccine as a “miracle cure” and leading consumers to make choices they would not have otherwise made. This, the state argues, resulted in billions of dollars in profits for Pfizer at the expense of public trust and health.
In January 2024, Pfizer successfully moved the case to federal court, where it was dismissed in December 2024. The U.S. District Court for the Northern District of Texas, Lubbock Division, accepted Pfizer’s argument that the PREP Act’s liability shield protected the company from such claims. However, Texas is now appealing this decision, arguing that the PREP Act’s protections do not extend to consumer protection cases brought by the state.
Texas’ brief to the 5th Circuit Court of Appeals asserts that the PREP Act’s liability shield “only extends to claims ‘for loss’” and does not shield against consumer protection cases filed by the state. The state argues that the PREP Act’s immunity shield blocks claims involving the “administration” of a covered product to an individual but does not extend to “sovereign consumer protection suits.” Ray Flores, senior outside counsel for Children’s Health Defense (CHD), supports Texas’ position, stating, “The Texas District Court’s one-page dismissal is a prime example of the outmoded knee-jerk reaction that anything goes under PREP.”
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