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The state of Kansas can sue Pfizer in state court for misleading the public about its COVID-19 vaccines, a federal judge ruled today.
Pfizer tried to keep the case in federal court, arguing that the Public Readiness and Emergency Preparedness Act (PREP Act), which shields COVID-19 vaccine makers from liability for injuries caused by the vaccines, “completely preempts” consumer protection claims made by the state of Kansas.
Ray Flores, senior outside counsel for Children’s Health Defense (CHD), called the ruling a “major victory.”
“This first-of-its-kind ruling declares Pfizer’s deceptions aren’t afforded carte blanche treatment, as Mr. Bourla [CEO of Pfizer] probably assumed they’d be,” Flores said.
CHD General Counsel Kim Mack Rosenberg agreed. “This decision is important because it creates a viable path for Pfizer to potentially be held accountable for its wrongdoing on a massive scale.”
On June 17, 2024, Kansas sued Pfizer, alleging the pharmaceutical giant misled the public by marketing its COVID-19 vaccine as “safe and effective” while concealing known risks and critical data on limited effectiveness.
The lawsuit, filed by Kansas Attorney General Kris Kobach in the District Court of Thomas County, alleged that beginning in 2021, Pfizer covered up the fact that the vaccine was connected to serious adverse events, including myocarditis and pericarditis, failed pregnancies and deaths.
The complaint also alleged the company falsely claimed that its original vaccine retained high efficacy while knowing that efficacy waned over time and didn’t protect against new variants.
Pfizer also misled the public by claiming the COVID-19 vaccine would prevent transmission, even though the company never studied the vaccine’s capability to prevent transmission.
By marketing the vaccine as safe and effective despite its known risks, Pfizer violated the Kansas Consumer Protection Act because millions of Kansans heard those misrepresentations, the complaint alleged.
Lawsuit is about deceptive marketing, not physical injuries or death
In July 2024, Pfizer successfully removed the Kansas lawsuit to federal court. However, in a September 2024 motion, Kansas asked for the case to be sent back to state court.
Pfizer filed an opposing motion in October 2024, in which it presented three arguments for why the case belonged in federal court. The final argument was that Kansas’ claims were “completely preempted by the PREP Act and are thus removable to federal court.”
In today’s ruling, U.S. District Judge Daniel D. Crabtree rejected all three of Pfizer’s arguments.
Crabtree rejected Pfizer’s PREP Act argument because all of Kansas’ claims are about deceptive marketing, not physical injury or death from Pfizer’s COVID-19 shot. “That point alone ends the debate,” Crabtree wrote.
How many hundreds of billions does The Establishment owe in damages for racist affirmative action and DEI?
The Supreme Court’s 9-0 Ames decision this week in which the Justices finally cleared up a 44-year-long dispute among federal circuit courts, with five of the 12 districts holding that whites, men, and straights should be discriminated against in discrimination law, has mostly elicited rather baffled commentary in the mainstream media.
You see, if you accept the conventional wisdom about white supremacy and systemic racism, the news that the Supreme Court tolerated since 1981 an indefensibly blatant racist anti-white concoction with no legislative basis whatsoever is … well, hard to process. Does Not Compute in your worldview. ...
Meanwhile, in The Nation, Elie Mystal admits that the Supreme Court made the right decision, but worries that America will become bogged down in discrimination lawsuits.
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Corporations in particular are afraid of lawsuits because they have a lot of money. Sue them first.
But it's also useful to sue the government when they are violating our rights.
A nice suit started by https://www.americasfrontlinedoctors.org/ :