Pfizer's COVID-19 Vaccine Indemnification Agreement

Vaccine makers don’t have anything to lose by advertising and marketing their experimental COVID-19 pictures, even when they trigger critical damage and dying, as they get pleasure from full indemnity towards accidents occurring from COVID-19 vaccines or another pandemic vaccine underneath the Public Readiness and Emergency Preparedness (PREP) Act, handed within the U.S. in 2005.

The full extent of their COVID-19 vaccine indemnification agreements with nations, nonetheless, is a carefully guarded secret, one which has remained extremely confidential — till now. A leaked doc damaged down by Twitter consumer Ehden reveals the surprising phrases of Pfizer’s worldwide COVID-19 vaccine agreements.1

“These agreements are confidential, but luckily one country did not protect the contract document well enough, so I managed to get a hold of a copy,” he wrote. “As you are about to see, there is a good reason why Pfizer was fighting to hide the details of these contracts.”2

An Ironclad Agreement, All on Pfizer’s Terms

The alleged indemnification settlement, reportedly between Pfizer and Albania, was initially posted in snippets on Twitter, however Twitter now has them marked as “unavailable.” Copies of the tweets can be found on Threadreader,3 nonetheless.

The Albania settlement4 seems similar to one other contract, printed online, between Pfizer and the Dominican Republic.5 It covers not solely COVID-19 vaccines, however any product that enhances the use or results of such vaccines.

Countries that buy Pfizer’s COVID-19 shot should acknowledge that “Pfizer’s efforts to develop and manufacture the Product” are “subject to significant risks and uncertainties.”6

And within the occasion {that a} drug or different remedy comes out that may forestall, deal with or treatment COVID-19, the settlement stands, and the nation should observe by way of with their order. Ivermectin, as an illustration, just isn’t solely protected, cheap and extensively out there however has been discovered to cut back COVID-19 mortality by 81%.7 Yet, it continues to be ignored in favor of costlier, and fewer efficient, therapies and mass experimental vaccination.

“If you were wondering why #Ivermectin was suppressed,” Ehden wrote, “well, it is because 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.”8

Even if Pfizer fails to ship vaccine doses inside their estimated supply interval, the purchaser might not cancel the order. Further, Pfizer could make changes to the variety of contracted doses and their supply schedule, “based on principles to be determined by Pfizer,” and the nation shopping for the vaccines should “agree to any revision.”9

It doesn’t matter if the vaccines are delivered severely late, even at some extent after they’re not wanted, because it’s made clear that “Under no circumstances will Pfizer be subject to or liable for any late delivery penalties.”10 As you would possibly suspect, the contract additionally forbids returns “under any circumstances.”

The Big Secret: Pfizer Charged US More Than Other Countries

While COVID-19 vaccines are “free” to obtain within the U.S., they’re being paid for by taxpayer {dollars} at a fee of $19.5011 per dose. Albania, the leaked contract revealed, paid $12 per dose,12 whereas the EU paid $14.70 per shot.13 While charging totally different costs to totally different purchases is widespread within the drug trade, it’s usually frowned upon.

In the case of the value disparity between the U.S. and the EU, Pfizer is claimed to have given a value break to the EU as a result of it financially supported the event of their COVID-19 vaccine.14 Still, Ehden famous, “U.S. taxpayers got screwed by Pfizer, probably also Israel.”15 Also, Pfizer makes some extent to notice that nations haven’t any proper to withhold cost to the corporate for any purpose.16

Apparently, this consists of within the case of receiving broken items. Purchasers of Pfizer’s COVID-19 vaccines are usually not entitled to reject them “based on service complaints,” until they don’t conform to specs or the FDA’s Current Good Manufacturing Practice (CGMP) laws.17 And, Ehden provides, “This agreement is above any local law of the state.”18

While the purchaser has nearly no method of canceling the contract, Pfizer can terminate the settlement within the occasion of a “material breach” of any time period of their contract.

Safety and Efficacy ‘Not Currently Known’

The purchaser of Pfizer’s COVID-19 vaccine should additionally acknowledge two information which have largely been brushed underneath the rug: Both their efficacy and dangers are unknown. According to part 5.5 of the contract:19

“Purchaser acknowledges that the Vaccine and supplies associated to the Vaccine, and their parts and constituent supplies are being quickly developed as a result of emergency circumstances of the COVID-19 pandemic and can proceed to be studied after provision of the Vaccine to Purchaser underneath this Agreement.

Purchaser additional acknowledges that the long-term results and efficacy of the Vaccine are usually not at the moment identified and that there could also be opposed results of the Vaccine that aren’t at the moment identified.”

Indemnification by the purchaser can be explicitly required by the contract, which states, underneath part 8.1:20

“Purchaser hereby agrees to indemnify, defend and maintain innocent Pfizer, BioNTech, every of their Affiliates, contractors, sub-contractors, licensors, licensees, sub-licensees, distributors, contract producers, providers suppliers, medical trial researchers, third events to whom Pfizer or BioNTech or any of their respective Affiliates might instantly or not directly owe an indemnity based mostly on the analysis …

from and towards any and all fits, claims, actions, calls for, losses, damages, liabilities, settlements, penalties, fines, prices and bills (together with, with out limitation, affordable attorneys’ charges and different bills of an investigation or litigation … arising out of, regarding, or ensuing from the Vaccine …”

Meanwhile, the purchaser should additionally hold the phrases of the contract confidential for a interval 10 years.21

Purchasers Must Protect and Defend Pfizer

Not solely does Pfizer have whole indemnification, however there’s additionally a piece within the contract titled, “Assumption of Defense by Purchaser,” which states that within the occasion Pfizer suffers losses for which it’s in search of indemnification, the purchaser “shall promptly assume conduct and control of the defense of such Indemnified Claims on behalf of the Indemnitee with counsel acceptable to Indemnitee(s), whether or not the Indemnified Claim is rightfully brought.” Ehden notes:22

“Pfizer is making sure the country will pay for everything: ‘Costs and expenses, including … fees and disbursements of counsel, incurred by the Indemnitee(s) in connection with any Indemnified Claim shall be reimbursed on a quarterly basis by Purchaser.’”

Buried within the March 17, 2020, Federal Register — the day by day journal of the U.S. authorities — in a doc titled, “Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19,”23 is language that establishes a brand new COVID-19 vaccine courtroom — just like the federal vaccine courtroom that already exists.

In the U.S., vaccine makers already get pleasure from full indemnity towards accidents occurring from this or another pandemic vaccine underneath the PREP Act. If you’re injured by a COVID vaccine (or a choose group of different vaccines designated underneath the act), you’d should file a compensation declare with the Countermeasures Injury Compensation Program (CICP),24 which is funded by U.S. taxpayers by way of Congressional appropriation to the Department of Health and Human Services (DHHS).

While just like the National Vaccine Injury Compensation Program (NVICP), which applies to nonpandemic vaccines, the CICP is even much less beneficiant in the case of compensation. As reported by Dr. Meryl Nass,25 the utmost payout you’ll be able to obtain — even in instances of everlasting incapacity or dying — is $250,000 per individual; nonetheless, you’d should exhaust your non-public insurance coverage coverage earlier than the CICP offers you a dime.

The CICP additionally has a one-year statute of limitations, so it’s a must to act rapidly, which can be troublesome because it’s unknown if long-term effects might happen greater than a yr later.

Pfizer Accused of Abuse of Power

As is clear in Pfizer’s confidential contract with Albania, the drug large desires governments to ensure the corporate might be compensated for any bills ensuing from damage lawsuits towards it. Pfizer has additionally demanded that nations put up sovereign property, together with financial institution reserves, army bases and embassy buildings, as collateral for anticipated vaccine damage lawsuits ensuing from its COVID-19 inoculation.26

New Delhi-based World Is One News (WION) reported in February 2021 that Brazil rejected Pfizer’s calls for, calling them “abusive.” The calls for included that Brazil:27

  1. “Waives sovereignty of its assets abroad in favor of Pfizer”
  2. Not apply its home legal guidelines to the corporate
  3. Not penalize Pfizer for vaccine supply delays
  4. Exempt Pfizer from all civil legal responsibility for unintended effects

STAT News additionally referred to considerations by authorized consultants, who additionally recommended Pfizer’s calls for have been an abuse of power. Mark Eccleston-Turner, a lecturer in international well being regulation at Keele University in England, informed STAT:28

“[Pfizer] is trying to eke out as much profit and minimize its risk at every juncture with this vaccine development then this vaccine rollout. Now, the vaccine development has been heavily subsidized already. So there’s very minimal risk for the manufacturer involved there.”

Signs of COVID Vaccine Failure, Adverse Effects Rise

Pfizer continues to signal profitable secret vaccine offers throughout the globe. In June 2021, they signed one in all their largest contracts so far — with the Philippine authorities for 40 million doses.29

Meanwhile, COVID-19 “breakthrough cases,” which was referred to as vaccine failures, are on the rise. According to the U.S. CDC, as of July 19, 2021, 5,914 individuals who had been totally vaccinated for COVID-19 have been hospitalized or died from COVID-19.30

In the U.Ok., as of July 15, 87.5% of the grownup inhabitants had obtained one dose31 of COVID-19 vaccine and 67.1% had obtained two. Yet, symptomatic cases among partially and fully vaccinated are on the rise, with a mean of 15,537 new infections a day being detected, a 40% enhance from the week earlier than.32

In a July 19 report from the CDC, the company additionally reported that the Vaccine Adverse Event Reporting System (VAERS) had obtained 12,313 reviews of dying amongst individuals who obtained a COVID-19 vaccine33 — greater than doubling from the 6,079 reviews of dying from the week earlier than.

Soon after the report, nonetheless, they reverted the quantity to the 6,079 from the week earlier than, indicating by default that no deaths from the vaccine had occurred that week,34 elevating critical questions on transparency and vaccine security.

Many different opposed occasions are additionally showing, starting from dangers from the biologically active SARS-CoV-2 spike protein used within the vaccine to blood clots, reproductive toxicity35 and myocarditis (coronary heart irritation).36 As you’ll be able to see within the confidential indemnification agreements, nonetheless, even when the vaccine seems to be a dismal failure — and a danger to short- and long-term well being — nations haven’t any recourse, nor does anybody who obtained the experimental pictures.

One query that we must always all be asking is that this: If the COVID-19 vaccines are, in truth, as protected and efficient because the producers declare, why do they require this degree of indemnification?


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