From [CHD] President Biden during Tuesday’s State of the Union address falsely claimed the billion-dollar gun manufacturing industry is the only industry in the U.S. that can’t be sued — when in fact, vaccine makers in the U.S. have total liability protection for injuries or deaths caused by COVID vaccines.

“Repeal the liability shield that makes gun manufacturers the only industry in America that can’t be sued,” Biden said. “These laws don’t infringe on the Second Amendment. They save lives.”

CNN fact-checked Biden’s claim and said it was “false.”

“Gun manufacturers are not entirely exempt from being sued, nor are they the only industry with some liability protections,” CNN said. “Under the 2005 Protection of Lawful Commerce in Arms Act, gun manufacturers cannot be held liable for the use of their products in a crime.”

But gun makers can be held liable for “negligence, breach of contract regarding the purchase of a gun or certain damages from defects in the design of a gun.”

According to CNN:

“Other industries also have some exemptions in liability. For example, vaccine manufacturers cannot be held liable in a civil suit for damages from a vaccine-related injury or death. And for the next four years, pharmaceutical companies developing the Covid-19 vaccines will have immunity from liability under the 2005 Public Readiness and Emergency Preparedness Act.

“Those who claim to have been harmed by vaccines may receive money from the government, not the pharmaceutical company, via the Vaccine Injury Compensation Program.”

Although CNN was correct that vaccine manufacturers cannot be held liable for harm caused by vaccines, those injured by COVID vaccines cannot seek compensation under the National Vaccine Injury Compensation Program (NVICP).

Instead, claims must be submitted through an obscure government program called the “Countermeasures Injury Compensation Program (CICP).” The CICP, which almost never awards money, is the only program that accepts claims related to COVID vaccines and other COVID countermeasures. The program provides compensation only for medical expenses, lost employment income and survivor death benefits as “the payer of last resort,” covering only what remains unpaid or unpayable by other third parties such as health insurance. [MORE]

Attorney Aaron Siri makes it plain,

The federal government has given complete immunity to Pfizer, Moderna, and J&J for any injury caused by their Covid-19 vaccines.  That’s right: you cannot sue them if you are injured by their Covid-19 vaccine.  (See Note 1 to read the law yourself.)  So, while their product may not give you immunity, Pfizer and Moderna are guaranteed immunity.   

And it gets even worse.  These companies are even immune for – hold your breath – willful misconduct.  That may sound crazy, but it is shockingly true.  You can only sue them for willful misconduct if the federal government first sues them for such conduct.  (See Note 2 to read the law yourself.)  And what are the odds the federal government will do so after wildly promoting the vaccine?  About as likely as the FDA ever admitting they promoted a vaccine that caused widespread harm. 

So, despite Pfizer’s history of willful misconduct, and that this is Moderna’s first product, and that they are going to rake in over $100 billion selling a product millions of Americans are mandated to take, you cannot sue them for injuries.  That seems fair.  After all, we should take pity on these companies since this revenue may not be sufficient to pay for the injuries. 

What is most incredible is that we are talking about a product that even the Director of the CDC said does not prevent transmission.  So, you cannot say “no” to the product without losing your job, cannot sue if you are injured, cannot see the data underlying its licensure, in order to potentially protect … you!  What?!  

It is dystopian to fire someone from their job for refusing to receive an injection of a product that does not prevent transmission but is rather for that person’s “benefit.”  Let me repeat.  The government cares about you so much that in order to get you to take your medicine it is going to make sure you cannot earn a living until you roll up your sleeve like an obedient child and take the jab.  But don’t worry, it is so safe that the government did you the favor of making sure you cannot sue the companies that sell this medicine, even for willful misconduct.

If this form of authoritarianism is permitted to stand, there is no limit to what the government can mandate you to do in the name of public health.  If a Covid-19 vaccine can be mandated, then there is no reason the government cannot mandate every drug a doctor believes you should receive for your own good.  Why not? 

The lesson yet again is that civil and individual rights should never be contingent upon a medical procedure.  Never.  It is the last and final backstop to the dangerous authoritarianism that results when we permit the government to decide what must be injected or placed into or onto our bodies.   Whatever your views are on the Covid-19 vaccine itself, every American should reject letting the government decide what medical procedures they must engage in to have a job. [MORE]

Note 1. Pursuant to 42 U.S.C. § 247d-6d the federal government “Declaration pursuant to section 319F-3 of the Public Health Service Act to provide liability immunity for activities related to medical countermeasures against COVID-19” provides that “manufacturers” of “any vaccine, used to treat, … prevent or mitigate COVID-19” shall enjoy “[l]iablity immunity ,” including, “from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a [COVID-19 vaccine].”

Note 2.  Pursuant to 42 U.S.C. § 247d-6d(c)(5) “If an act or omission by a manufacturer or distributor with respect to a covered countermeasure, which act or omission is alleged under subsection (e)(3)(A) to constitute willful misconduct, … such act or omission shall not constitute ‘willful misconduct’ … if—(i)neither the Secretary nor the Attorney General has initiated an enforcement action with respect to such act or omission; or (ii)such an enforcement action has been initiated and the action has been terminated or finally resolved without a covered remedy.”