Posted on 09/25/2021 6:32:03 PM PDT by icclearly
We know that the government has issued blanket liability protection for the COVID jabs. This means if you are one of the many thousands who have an adverse reaction to a COVID vaccination you have no legal recourse (as in this nurse's story: https://bit.ly/3tIe8BF). I have a question. Has anyone asked their provider (doctor, nurse, or technician) to sign a release waiving their blanket liability protection? In other words, if they want to badger you into the jab are they willing to put a little skin in the game if something goes wrong?
“Trust me, I’m a scientist!”
The government and Big Pharma have immunity.
The average private business doesn’t.
So they have to be very careful in any mandates.
No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, solely due to the manufacturer’s failure to provide direct warnings to the injured party (or the injured party’s legal representative) of the potential dangers resulting from the administration of the vaccine manufactured by the manufacturer.
Okay, that’s the manufacturer. The post here is asking about liability of other people, i.e., you doctor et al.
E.g...
Dr. N.O. Itall: “Sir, you really need to take this Covid-19 mRNA vaccine. You’re risking your life by not taking it. And the risks to you are absolutely minimal. Near zero.”
You: “Really, Doc? Near zero? You’re that certain that this vaccine won’t make me sick or kill me?”
Dr. N.O. Itall: “Yes, I’m absolutely sure. It’s safer than safe. It won’t hurt me.”
You: “But what if it does hurt me?”
Dr. N.O. Itall: “It won’t.”
You: “Okay, well, Doc, if you’re that certain, then it should be no problem for you to waive liability, and authorize me or my heirs to sue you for medical malpractice if this vaccine does kill or injure me. Okay?”
Dr. N.O. Itall: “Uh, well. I can’t sign that.”
You: “Why not? You said you’re sure it happen. So there’s no risk to you in signing it, right?”
Dr. N.O. Itall: “Uh, well... I have other patients to see...”
If Biden’s order stands, then many businesses are covered - and that is exactly what they want. It absolves them of responsibility/liability...
“The government and Big Pharma have immunity.”
Are you saying that if my local docs office gives me the jab they could be liable if things go wrong?
By the way, I can see a situation where a company mandates the vax and if things go south, they might be liable — even though the government and manufacturer are not.
On another note, I’m not sure the new Phifzer vax that was approved by the FDA has the same liability protection as the experimental version (which is still being used).
“Dr. N.O. Itall: “Sir, you really need to take this Covid-19 mRNA vaccine.”
You nailed it! Exactly the scenario I thought about.
“Beware the Jabberwock”
I have taken to calling it the Fauci Flu.
With that legal cover, there should be no way that a person can be forced/threatened/coerced to take a vaccine.
We don’t know a thing about who or what they might do to the civilians in this country. I have reports from doctors who knew fauci when... and he is dirty as can be... he had/has plans to use this “invention” to kill.
and they are making all take a vax? without knowing the ramifications ... they are taking fauci as a good person and trustworthy... i take him as a criminal.. and our jobs and our lives depend on HIS vax for HIS made virus?
Something wrong with this picture!
Check out this Dr’s opinion..
https://americasvoice.news/playlists/cowboy-logic/
The vaccine and the practitioners are covered by that legal shield. Thank the Reagan administration.
The vaccine and the practitioners are covered by that legal shield. Thank the Reagan administration.
The vaccine and the practitioners are covered by that legal shield. Thank the Reagan administration.
42 U.S. CODE § 300AA–22 - STANDARDS OF RESPONSIBILITY
(a) GENERAL RULE
Except as provided in subsections (b), (c), and (e) State law shall apply to a civil action brought for damages for a vaccine-related injury or death.
(b) UNAVOIDABLE ADVERSE SIDE EFFECTS; WARNINGS
(1) No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings.
(2) For purposes of paragraph (1), a vaccine shall be presumed to be accompanied by proper directions and warnings if the vaccine manufacturer shows that it complied in all material respects with all requirements under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] and section 262 of this title (including regulations issued under such provisions) applicable to the vaccine and related to vaccine-related injury or death for which the civil action was brought unless the plaintiff shows—
(A) that the manufacturer engaged in the conduct set forth in subparagraph (A) or (B) of section 300aa–23(d)(2) of this title, or
(B) by clear and convincing evidence that the manufacturer failed to exercise due care notwithstanding its compliance with such Act and section (and regulations issued under such provisions).
(c) DIRECT WARNINGS No vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, solely due to the manufacturer’s failure to provide direct warnings to the injured party (or the injured party’s legal representative) of the potential dangers resulting from the administration of the vaccine manufactured by the manufacturer.
(d) CONSTRUCTION The standards of responsibility prescribed by this section are not to be construed as authorizing a person who brought a civil action for damages against a vaccine manufacturer for a vaccine-related injury or death in which damages were denied or which was dismissed with prejudice to bring a new civil action against such manufacturer for such injury or death.
(e) PREEMPTION No State may establish or enforce a law which prohibits an individual from bringing a civil action against a vaccine manufacturer for damages for a vaccine-related injury or death if such civil action is not barred by this part.
(July 1, 1944, ch. 373, title XXI, § 2122, as added Pub. L. 99–660, title III, § 311(a), Nov. 14, 1986, 100 Stat. 3773; amended Pub. L. 100–203, title IV, § 4302(b)(1), Dec. 22, 1987, 101 Stat. 1330–221.)
Personally, I have always argued that anyone should be able to sue anyone, for as much is the feel appropriate. It is up to a judge and jury to decide if it is appropriate.
Vaccine developers like Pfizer and Modern a have been granted blanket immunity for at least four years. No lawsuits can be filed.
Trump administration, actually. Part of the legal protection extended under Warp speed:
In February, Health and Human Services Secretary Alex Azar “invoked the Public Readiness and Emergency Preparedness Act. The 2005 law empowers the HHS secretary to provide legal protection to companies making or distributing critical medical supplies, such as vaccines and treatments, unless there’s “willful misconduct” by the company. The protection lasts until 2024.
That means that for the next four years, these companies “cannot be sued for money damages in court” over injuries related to the administration or use of products to treat or protect against Covid. “
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