Dewey, Cheat'em And Howe (liability for vaccine mandates, signs point to woke employer)

market-ticker.org ^ | 11/6/2021 | Karl Denninger

[ransomnote]

[H/T Blu]

Oh, you're a woke-poke employer eh?

You think hiding behind OSHA -- or the threat to issue a mandate by the government -- in some way prevents you from being liable for injuries and/or deaths related to the vaccines?

Uh, how would you like to defend that position in court given all of the following are true:

• The PREP act has no provision giving you legal immunity and cannot be amended by executive order as it is law, so you would need both houses of Congress to pass such a thing -- and they have not.
  
  
• The producing firms and health care providers are immune from damages under that same PREP Act.  Therefore under the general principle of joint and several liability guess who gets all of it: You do.
  
  
• You could have tried to claim that the Federal Government refused liability (and got away with it) for direct employees, or even that "there's no such thing as vaccine injury from these jabs" and claimed that the Federal Government itself said this is so..... except, oops, that just went up in a puff of smoke.

The Federal Employees' Compensation Act (FECA) covers injuries that occur in the performance of duty. The FECA does not generally authorize provision of preventive measures such as vaccines and inoculations, and in general, preventive treatment is a responsibility of the employing agency under the provisions of 5 U.S.C. 7901. However, care can be authorized by OWCP for complications of preventive measures which are provided or sponsored by the agency, such as adverse reaction to prophylactic immunization. See PM 3-0400.7(a).

Further, deleterious effects of medical services furnished by the employing establishment are generally considered to fall within the performance of duty. These services include preventive programs relating to health. See PM 2-0804.19.

However, this executive order now makes COVID-19 vaccination a requirement of most Federal employment. As such, employees impacted by this mandate who receive required COVID-19 vaccinations on or after the date of the executive order may be afforded coverage under the FECA for any adverse reactions to the vaccine itself, and for any injuries sustained while obtaining the vaccination.

Oops.

If you mandate, as a private employer, "vaccination" against Covid-19 any and all adverse events as a result of said jabs are now chargeable to you, as the Federal Government itself has deemed that "mandated" vaccinations are indeed injuries that occurred while performing the job in question, irrespective of where the jab took place, and that said adverse events, up to and including death do in fact occur.

Got that employers and HR Departments?  Said "adverse events" are expected.

Oh by the way your insurance firm has likely inserted a "pandemic exemption" into your liability coverage.  That's shown up in a whole lot of those policies over the last year or so, and it's odds-on that's the case for you as well.

Incidentally there is plenty of evidence that these jabs will be eventually found to be responsible for a whole host of serious problems, and those do not end within a couple of weeks of the jab itself.  Indeed, the evidence is mounting rapidly (see the all-cause "excess death" rates for various age groups, particularly cardiac and circulatory related, among young people now showing up in places like Scotland and England for examples) that there is a causal link between both strokes and heart attacks.

I remind you that the FDA and pharmaceutical industry claimed, not all that long ago, that no such link existed for Vioxx.  It was only after about 60,000 Americans had heart attacks and died, and several hundred thousand had non-fatal heart problems caused by it, that it was withdrawn from the market -- five years later.

Moderna and Pfizer may be immune from lawsuit but you are not, and further, the precedent by the Federal Government itself now exists based on their own public statement that if an employee gets screwed by the jab you demanded they take you're on the hook whether that injury is evident five minutes afterward or five years later.

If OAS or ADE shows up as is being indicated, but not yet proved by the data out of both Scotland and Britain then you're really in trouble as every single vaccinated person who gets Covid-19 and dies or is permanently harmed in your organization, and that will be a very sizeable percentage of the whole, is going to result in a huge lawsuit that you will lose.

Good luck *******s; you just got ****ed, your company is likely to be a smoking hole and it couldn't happen to a nicer bunch.

[spacejunkie2001]

attorneys need damages to go after. ie they need more damaged people. if they open the door on this now, companies may rethink their mandate, hence, limiting damages.

whatever happens....the whole thing is tragic. I can’t believe we’re here in our precious country.

[Kevmo]

I can’t believe we’re here in our precious country.
***Our forefathers would be shooting by now. Even the wussie French stormed the Bastille that held THEIR political prisoners.

[manvacamp2000]

So it works like this:
1. Require government contractors who build all the wonderful arms that empower or great military to make all their employees get a dangerous vaccine
2. Said vaccine starts to sicken and kill said employees or employees quit rather than die.
3. Companies start to fail to deliver and become much less profitable and decrease in value.
4. Employees of said companies sue them for damages
5. Said companies go bankrupt
6. No more American military industrial complex
7. China wins

[rllngrk33]

When all is said and done, the lawyers will benefit the most and the taxpayers will be screwed again.

[Kevmo]

“Fascism should more appropriately be called corporatism because it is a merger of state and corporate power.” ~Benito Mussolini

[CPT Clay]

Bump