Pharmaceutical Companies Are Protected from Liability for Vaccine Injuries and Deaths
Oct. 26, 2020
Maryland's Emergency Management Law Expands Pharmaceutical Company Liability Protection to Include Health Care Providers Who Test, Treat and Vaccinate You and Your Family During the COVID-19 Pandemic.
In 1986, the National Childhood Vaccine Injury Act ("NCVIA") became law. The NCVIA waives any liability for pharmaceutical companies and vaccine manufacturers for injuries or deaths caused by vaccines. If an individual is injured or dies from a vaccine, compensation can be sought through the federally-funded National Vaccine Injury Compensation Program.
[1] Awards are made through the Vaccine Compensation Trust Fund for approved vaccine injuries. The money for this fund is raised through a seventy-five cents ($0.75) excise tax on each vaccine administered pursuant to the CDC's approved vaccine schedule. [2] Compensation is limited in amount and to those injuries contained on the vaccine injury table. [3] This means that if you or your children are injured due to a vaccine, you cannot hold the pharmaceutical companies or vaccine manufacturers liable, and instead must submit your claim to a special “Vaccine Court” operated by the federal government.
How Can You Recover Compensation?
[4] To recover any compensation your claim must fall within a limited set of pre-approved injuries, and there is a cap on the amount of compensation an individual can receive. Parents, and other concerned individuals, should understand that your right to pursue compensation for any injury or death due to the COVID-19 vaccine will be even more restricted than it is under NCVIA. In Maryland, under a “State of Emergency,” waivers of liability are greatly expanded to include health care providers. Under Maryland's Emergency Management law, all health care providers are immune from civil or criminal liability for services provided pursuant to the State of Emergency.
[5] Health care providers are broadly defined under a State of Emergency to include health care practitioners, health care facilities, police officers, firefighters, and other emergency responders, along with a broad group of individuals involved with providing services to the public during a State of Emergency as defined by the law.
[6] It is likely that the COVID-19 vaccination will be forcibly administered under a declared State of Emergency, and any resulting injury or death from the COVID-19 vaccine will not be compensable as both health care providers under Maryland law and the pharmaceutical companies under Federal law are immune from liability. This means if you, or your family, are harmed by a COVID-19 vaccine you will not be able to bring a lawsuit against any person or entity to recover your losses.
As the COVID-19 vaccine is being rushed through the testing process and not following the standard Food and Drug Administration procedures for efficacy and safety testing, the side effects and dangers of the COVID-19 vaccine are unknown. The fact that the government would require an untested vaccine on Maryland citizens is an extreme measure and a violation of our civil rights. A prohibition on compensation for injuries or deaths arising from the COVID-19 vaccine raises additional serious constitutional and ethical issues, as well as violations of long-standing common law principles which are the foundation of our legal system.
Are You Looking to Challenge Vaccine Mandates?
Law Office of Jennifer Lester is seeking clients who want to challenge vaccine mandates, including a mandate for a COVID-19 vaccine. Every state has different laws regarding mandatory vaccines and compensation for injuries under a State of Emergency. If you have questions regarding liability issues in a state other than Maryland please contact a lawyer licensed to practice law in the state in which you reside.
[1] https://www.congress.gov/bill/99th-congress/house-bill/5546
[2] https://www.hrsa.gov/vaccine-compensation/about/index.html
[3] https://www.hrsa.gov/sites/default/files/hrsa/vaccine-compensation/vaccine-injury-table.pdf
[4] https://www.hrsa.gov/vaccine-compensation/index.html
[5] Md. Code, Pub. Safety § 14-3A-06: A health care provider is immune from civil or criminal liability if the health care provider acts in good faith and under a catastrophic health emergency proclamation.
[6] Md. Code, Pub. Safety § 14-3A-01(e): “Health care provider” means: (1) a health care facility as defined in § 19-114(d) (1) of the Health-General Article; (2) a health care practitioner as defined in §19-114(e) of the Health-General Article; and (3) an individual licensed or certified as an emergency medical services provider under §13-516 of the Education Article.