We Americans expect accountability of manufacturers and practitioners in the medical field, even during emergencies. However, the almost twenty pharmaceutical companies working to develop a vaccine at warp speed in response to the COVID virus, and persons prescribing, administering, or dispensing countermeasures to the virus, will have no liability exposure. This includes no liability for vaccine injuries that may occur from new vaccines.
The federal PREP Act, enacted in December 2005, has been tailor made for a health situation like today and now it has been invoked by HHS Secretary Alex Azar to apply to the present declared emergency inthe Declaration for Public Readiness and Emergency Preparedness Act Coverage for medical countermeasures against COVID–19.
The Public Readiness and Emergency Preparedness Act (PREP Act) authorizes the Secretary of Health and Human Services (the Secretary) to issue a Declaration to provide liability immunity to certain individuals and entities (Covered Persons) against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures (Covered Countermeasures), except for claims involving “willful misconduct” as defined in the PREP Act. (Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices)
The PREP Act creates a shield against liability lawsuits against the pharmaceutical companies, and many “qualified persons.” It would provide a shield from liability for the use of an emergency “countermeasure,” which could include, for example, the use of a ventilator that caused a death, or the use of a mask that caused a person to experience lethal hypoxia (low oxygen levels). The shield of liability for multibillion-dollar corporations notably helps secure the financial future of powerful, well-connected corporations, while ordinary families and small and medium sized businesses struggle to survive in the aftermath of governmental orders to isolate and shut down during an emergency.
If a new COVID vaccine comes on the market to address the declared emergency, if people are injured or killed by the vaccine, they will not be able to sue the manufacturer. Companies will not be penalized. If you are so unfortunate as to be hurt by a new vaccine or any of the existing declared pandemic countermeasures, the PREP act tells you where you can and can’t go. You cannot go to a regular court because the responsible parties will now have immunity from your lawsuit due to the emergency. You need to go to the newly created CICP court, (Countermeasure Injury Compensation Program Court). There you will be required to provide “compelling, reliable, valid, medical and scientific evidence” of any injury. In order to win your case, the burden of proof will be on you, not the government, and in fact, you will be in an adversarial contest with the government, its lawyers and experts.
The causal connection between the countermeasure and the serious physical injury must be supported by compelling, reliable, valid, medical and scientific evidence in order for the individual to be considered for compensation. (Federal Register / Vol. 85, No. 52 / Tuesday, March 17, 2020 / Notices)
A similar liability shield for vaccine manufacturers is already in existence and deals with vaccine injuries, thus, vaccine manufacturers have long enjoyed freedom from liability when their vaccines cause injury or death. Claims are addressed in the “Vaccine court,” aka the VICP court. The VICP court, established under the National Vaccine Injury Compensation Program, works to provide compensation for vaccine injury from vaccines on the recommended school vaccine schedule. However, although the Vaccine court has awarded now over $4 billion dollars in compensation for deaths and injuries from childhood vaccines, critics have described it as being riddled with bias and ineffectiveness, and for victim Plaintiff families seeking compensation, it is a long, arduous, expensive ordeal, over a period of many years. The government’s lawyers aggressively fight against the victims on causation issues. So, few victims win and all too many lose.
Even during a crisis, we must be sensitive to the needs of individuals who have been injured and are suffering. We need to call for accountability of those who have injured others by the manufacturing of defective and dangerous products while rushing to reap profits from a captive and fearful public. And also hold accountable those who are prescribing, administering, or dispensing these products without notification to consumers of the harm they may cause. The broad liability shield for pandemic countermeasures seems to be worrisome, troubling and, in our view, an abridgment of basic rights.
This Declaration became effective as of February 4 th, 2020. President Trump declared the national emergency March 13 th and HHS Secretary’s Azur’s important declaration was noted in the Federal Register March 17, 2020, with little notice or discussion from the media.
Authored by: Leo Cashman, Executive Director, DAMS, Dental Amalgam Mercury Solutions and board member of NHFC, and Diane Miller, JD, Director or Law and Public Policy, National Health Freedom Coalition (NHFC) and National Health Freedom Action (NHFA)
The PPJ Gazette 
Aug 12, 2020 @ 15:16:01
Y is the USA.EU and UK not bothered,about the COVID deaths in their part of the world ?
Could it be that they want it ? Who are the dead ? The dead are the pensioners, and the persons,who are fatally sick.dindooohindoo
The gainer in every combo,is the West – which makes one wonder,how the COVID magically mutated in its new avatar.
Posit No.1
Assuming that these dead persons in the West,had a residual life of 15 years, and we can assume that,by August,2020,there will be around 600000 dead in the West.
The pension to a pensioner,would not be less than 12,000 USD per annum, on an average,at the minimum.In addition, the medical and other social costs,on an aged pensioner,would be not less than another 8,000 USD per annum.
If they die,then on 6,00,000 people,if the West saves 20,000 USD per annum, you net USD 12 Billion,PER ANNUM – which will be around 200-300 billion for 15 years
One could argue that the US Fed just printed,the USD 12 Billion – but now it need not.The Youth in the west,had to work at high rates of tax and deductions – to finance the aged pension and health care benefits – which ultimately,led to outsourcing.
The scam would be shocking,if the dead,had no insurance ! That would be telling ! If 6,00,000 are dead,with insurance and an average insurance claim,of USD 1,00,000 – then you have a bomb – to wipe out the insurers.
If 10 million die – we are looking at net savings of USD 200 billion per annum and USD 3 Trillion over 15 years.This will also solve the health insurance problems in the US/EU,as the high claim insurers,will cease to exist – and thus lower the insurance costs,for the young,and the cost of labour in manufacturing.
If the aggregate savings on pensions and medical costs are USD 100,000 per annum,then on 10 million dead,we have a saving of ISD 1 trillion per annum,as a perpetual annuity (which is the minimum target – I suspect) – as the strategem ,is to kill people,with co-morbidities – and these are the people,who are a burden on the medical and pension infrastructure.
So the private LIFE insurers,take a 1 time HIT,in terms of claims paid out – and the state,gets a recurring benefit,in terms of pensions and health care costs – of which,some of the gains of the state,are passed back to the insurers,to offset the claim losses (and keep insurance rates low),and some of the gains to the state, are passed back to the residual young population,to reduce the rates of medical and life insurance.
Posit No.2
Large number of services and industries,in the west,will die out.That will release labour and reprice resources and rents – to drastically lower costs – and that will make,”Make in USA”, viable
How will the state finance the loss of tax revenue and GDP.Ultimately,the state will have to demonetise the deposits, in banks, of the westerners.Simple ! The USA will not be able to demonetise the PRC holdings of US T-bills – not even if the PRC sinks a US aircraft carrier in the South China Sea.
Posit No.3
All the nations who borrowed loans from PRC – will now force the PRC to do debt write offs.That will be a huge loss to the PRC,after the manufacturing shift from PRC to West.Post COVID,If 200 million people are unemployed in PRC – then you have Tiananmen – Part 2 – and then a PRC attack,on the Indian weasels, and US satellite states,like Taiwan.and new stooges like Vietnam.
Of Course,the PRC could also force the IMF,and the WB,to waive loans – but the harm to the PRC,will be done 1st.
Posit No.4
Trump postpones the US Polls,as people cannot stand in queues,and no electioneering,is possible – and he has the cure – and by September,the pensioners are dead – death rate and infections rates drops ….. who is the gainer ? If Trump is winning – Putin will stay calm – else,he might attack Eastern EU.If Trump is winning – then it will be the last chance for PRC to annex Taiwan and Vietnam – and make Trump lose face. But the odds of PRC action is medium.
Posit No.5
With massive unemployment in the West – the migrants will exit.Asians were made to clean toilets – that is their worth.They will exit.That will solve the migrants problem,rents and property rates will fall,labour will reprice,and the Westerners,will have to,start to work
The West has to take a BIG PICTURE view.South East Asia and Indian and Nepal ,are over populated,and there is no humanity there.There is no sentience,in the “so called humans”.They are robots – and 80% of them,have to die.Their time is over – they are obsolete, a dead weight,and a burden on earth.This will de-price the resources sector,lower demand,and solve the environment problem,forever.
Africans have been exploited,for at least ,2000 years – and they deserve,many more chances.
There are 3 simple steps
Are the “so-called humans” – having a “sentience” – to be assessed based on their “individual and collective actions”
If not,then they are “robots”
It is time to “terminate the robots”
It is the moral and ethical solution.They are redundant and obsolete,and there is no purpose served,by their existence.Nations in Asia,will not be able to feed or employ these worms,and that will cause strife.hate,violence, genocide,jingoism and the rise of right wing=demagogic demonic dictators – and then, catacylysmic wars – which will ultimately,harm the West. Anywhich way,the robots will be purged – Virus is better than nukes – for the bots,and the environment.
The COVID antibodies,will ultimately reside in 7 billion people,and those,are the receptors,of the next,”terminal bio-weapon” which will hook on those humans, and then based on a mix of the DNA,Genes,latitudes and morbidities – terminate the robots.
It is all evolution.
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