Texas Court decision: PREP Act protects Pfizer from commercial claims in relation to their "covid vaccine"...
...as well as personal injury claims.
The other day the judge in the case of State of Texas vs Pfizer - in which the Plaintiff was suing the defendent for monetary damages based essentially on having been sold an inefficacious product - ruled in favour of Pfizer and the case was dismissed.
The plaintiffs had argued that the PREP Act only covered personal injury claims, whilst their claim was based on a straightforward commercial point - they’d been sold a pup. However, the court disagreed.
The judgement can be read here. The court decided that:
“the Defendant is entitled to immunity under the Public Readiness and Emergency Act ("PREP Act)”
“both the PREP Act and the Food, Drug, and Cosmetic Act ("FDCA") preempts Plaintiffs claims”
“Finally, the Court finds that the alleged statements by Defendant were not connected to any "trade or commerce" or any "consumer transaction."
A footnote emphasises that:
Defendant asks the Court to take judicial notice of the circumstances related to the COVID-19 pandemic, Operation Warp Speed, and national emergency that was declared in relation to the pandemic. The Court takes judicial notice of these facts and circumstances.
I am unsure what the relevance of that latter statement is for this case (which was decided on a matter of law which didn’t require such a consideration), but taken as a whole, this doesn’t augur well for the future in terms of legal claims for harms caused by vaccines.
Having said that, the Plaintiff’s case did not really attack the core lies underpinning the defendent’s case, and this is the inevitable result. They have allowed the following to become accepted as fact:
There was a pandemic.
It was caused by a novel pathogen.
An urgent response by way of a “vaccine” was warranted.
Moreover, the many signals of fraud in the Phase 3 trial for the Pfizer product were never put to the court. One has to ask: why not?
no pandemic at my hospital empty, told to go home and use PTO, once the shots rolled out the real pandemic began and continues...code blue, code blue, code blue.
Florida attorney Jeff Childers is suing the government to end the PREP Act. https://www.justicefortrista.com/lawsuit-filed/