CoronaVirus/Pfizer

© Shutterstock, screenshot/Pfizer/KJN

Vaccine makers have zip to lose by marketing their experimental COVID-19 shots, fifty-fifty if they cause serious injury and death, as they savour total indemnity against injuries occurring from COVID-19 vaccines or any other pandemic vaccine nether the Public Readiness and Emergency Preparedness (PREP) Act, passed in the U.Due south. in 2005.

The full extent of their COVID-19 vaccine indemnification agreements with countries, even so, is a closely guarded secret, one that has remained highly confidential — until at present. A leaked document broken downwardly past Twitter user Ehden reveals the shocking terms of Pfizer'southward international COVID-19 vaccine agreements. He wrote:

"These agreements are confidential, but luckily one country did not protect the contract certificate well plenty, so I managed to get a hold of a re-create. As you are well-nigh to see, in that location is a proficient reason why Pfizer was fighting to hide the details of these contracts."

An ironclad agreement, all on Pfizer's terms

The alleged indemnification agreement, reportedly between Pfizer and Albania, was originally posted in snippets on Twitter, just Twitter at present has them marked every bit "unavailable." Copies of the tweets are available on Treadreader, however.

The Albania understanding appears very similar to some other contract, published online, between Pfizer and the Dominican Republic. It covers non simply COVID-19 vaccines, just whatsoever production that enhances the utilise or effects of such vaccines. Countries that purchase Pfizer'due south COVID-xix shot must admit that "Pfizer's efforts to develop and manufacture the Product" are "discipline to significant risks and uncertainties."

And in the issue that a drug or other treatment comes out that can prevent, treat or cure COVID-nineteen, the agreement stands, and the country must follow through with their order. Ivermectin , for instance, is non only safety, inexpensive and widely bachelor but has been institute to reduce COVID-19 mort ality by 81% . Withal, it continues to be ignored in favor of more expensive, and less effective, treatments and mass experimental vaccination. Ehden wrote:

"If you were wondering why #Ivermectin was suppressed, well, it is considering the agreement that countries had with Pfizer does not allow them to escape their contract, which states that even if a drug volition be found to treat COVID19 the contract cannot exist voided."

Even if Pfizer fails to deliver vaccine doses within their estimated delivery catamenia, the purchaser may not cancel the guild. Further, Pfizer can brand adjustments to the number of contracted doses and their commitment schedule, "based on principles to be determined past Pfizer," and the state buying the vaccines must "agree to whatsoever revision."

Information technology doesn't matter if the vaccines are delivered severely late, even at a point when they're no longer needed, every bit it'south made articulate that

"Nether no circumstances will Pfizer exist subject field to or liable for whatever late delivery penalties." As you lot might doubtable, the contract as well "forbids returns nether any circumstances."

The big secret: Pfizer charged U.S. More Than Other Countries

While COVID-19 vaccines are "free" to receive in the U.S., they're being paid for by taxpayer dollars at a rate of $19.5011 per dose. Republic of albania, the leaked contract revealed, paid $12 per dose, while the Eu paid $xiv.seventy per shot. While charging different prices to different purchases is common in the drug manufacture, information technology's oft frowned upon.

In the case of the toll disparity between the U.S. and the EU, Pfizer is said to have given a price break to the EU because information technology financially supported the development of their COVID-19 vaccine. Nonetheless, Ehden noted, "U.S. taxpayers got screwed by Pfizer, probably besides Israel." Also, Pfizer makes a point to note that countries accept no right to withhold payment to the company for any reason.

Apparently, this includes in the case of receiving damaged goods. Purchasers of Pfizer'due south COVID-nineteen vaccines are not entitled to reject them "based on service complaints," unless they do non conform to specifications or the FDA'south Current Skilful Manufacturing Practise regulations. And, Ehden adds, "This agreement is above any local police force of the state."

While the purchaser has most no fashion of canceling the contract, Pfizer tin stop the agreement in the event of a "material breach" of any term in their contract.

Safety and efficacy 'not currently known'

The purchaser of Pfizer's COVID-xix vaccine must besides acknowledge 2 facts that accept largely been brushed under the carpeting: Both their efficacy and risks are unknown. According to section 5.5 of the contract:

"Purchaser acknowledges that the Vaccine and materials related to the Vaccine, and their components and constituent materials are being apace developed due to the emergency circumstances of the COVID-19 pandemic and volition go along to be studied later provision of the Vaccine to Purchaser under this Agreement.

"Purchaser further acknowledges that the long-term effects and efficacy of the Vaccine are not currently known and that there may be agin furnishings of the Vaccine that are not currently known."

Indemnification by the purchaser is also explicitly required by the contract, which states, under section eight.1:

"Purchaser hereby agrees to indemnify, defend and concord harmless Pfizer, BioNTech, each of their Affiliates, contractors, sub-contractors, licensors, licensees, sub-licensees, distributors, contract manufacturers, services providers, clinical trial researchers, third parties to whom Pfizer or BioNTech or any of their respective Affiliates may directly or indirectly owe an indemnity based on the research ...
"from and against whatever and all suits, claims, deportment, demands, losses, amercement, liabilities, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other expenses of an investigation or litigation ... arising out of, relating to, or resulting from the Vaccine ..."

Meanwhile, the purchaser must also keep the terms of the contract confidential for a period of ten years.

Not but does Pfizer accept total indemnification, but there'due south likewise a section in the contract titled, "Assumption of Defense by Purchaser," which states that in the upshot Pfizer suffers losses for which it is seeking indemnification, the purchaser

"shall promptly assume conduct and control of the defense of such Indemnified Claims on behalf of the Indemnitee with counsel acceptable to Indemnitee(s), whether or not the Indemnified Claim is rightfully brought."

Ehden notes:

"Pfizer is making sure the land will pay for everything: 'Costs and expenses, including ... fees and disbursements of counsel, incurred past the Indemnitee(s) in connexion with any Indemnified Claim shall be reimbursed on a quarterly basis by Purchaser.'"

Buried in the March 17, 2020, Federal Annals — the daily periodical of the U.S. regime — in a document titled, "Declaration Nether the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19," is language that establishes a new COVID-19 vaccine court — similar to the federal vaccine court that already exists.

In the U.South., vaccine makers already enjoy full indemnity confronting injuries occurring from this or whatsoever other pandemic vaccine under the PREP Act. If you're injured by a COVID vaccine (or a select group of other vaccines designated nether the human activity), you'd have to file a compensation merits with the Countermeasures Injury Bounty Programme (CICP), which is funded by U.S. taxpayers via Congressional appropriation to the Department of Health and Human Services (DHHS).

While similar to the National Vaccine Injury Bounty Programme (NVICP), which applies to nonpandemic vaccines, the CICP is even less generous when it comes to compensation. As reported by Dr. Meryl Nass, the maximum payout you can receive — even in cases of permanent disability or death — is $250,000 per person; yet, you lot'd accept to exhaust your individual insurance policy earlier the CICP gives yous a dime.

The CICP likewise has a one-year statute of limitations, and then yous have to human action quickly, which is also difficult since it's unknown if long-term furnishings could occur more than than a year later.

Pfizer accused of abuse of power

As is apparent in Pfizer's confidential contract with Albania, the drug behemothic wants governments to guarantee the company volition be compensated for any expenses resulting from injury lawsuits against it. Pfizer has as well demanded that countries put up sovereign avails , including bank reserves, military machine bases and diplomatic mission buildings, every bit collateral for expected vaccine injury lawsuits resulting from its COVID-19 inoculation.

New Delhi-based World Is One News (WION) reported in February 2021 that Brazil rejected Pfizer's demands, calling them "abusive." The demands included that Brazil:

  1. "Waives sovereignty of its avails abroad in favor of Pfizer."
  2. Not apply its domestic laws to the visitor.
  3. Not penalize Pfizer for vaccine delivery delays.
  4. Exempt Pfizer from all ceremonious liability for side effects.

STAT News also referred to concerns past legal experts, who also suggested Pfizer's demands were an corruption of power. Mark Eccleston-Turner, a lecturer in global health law at Keele Academy in England, told STAT:

"[Pfizer] is trying to eke out as much turn a profit and minimize its adventure at every juncture with this vaccine development then this vaccine rollout. At present, the vaccine development has been heavily subsidized already. So there's very minimal risk for the manufacturer involved there."

Signs of COVID vaccine failure, agin effects rise

Pfizer continues to sign lucrative secret vaccine deals beyond the globe. In June 2021, they signed ane of their biggest contracts to date — with the Philippine authorities for 40 million doses .

Meanwhile, COVID-19 "quantum cases," which used to exist called vaccine failures, are on the rise. According to the U.Southward. Centers for Illness Command and Prevention (CDC), as of July 19, 5,914 people who had been fully vaccinated for COVID-19 were hospitalized or died from COVID-nineteen.

In the U.Chiliad., equally of July xv, 87.5% of the developed population had received one dose of COVID-19 vaccine and 67.1% had received two. Still, symptomatic cases among partially and fully vaccinated are on the rise , with an average of 15,537 new infections a day beingness detected, a twoscore% increase from the week earlier.

In a July 19 report from the CDC, the bureau also reported that the Vaccine Adverse Event Reporting System (VAERS) had received 12,313 reports of decease among people who received a COVID-19 vaccine — more doubling from the 6,079 reports of death from the week before.

Soon after the written report, however, they reverted the number to the 6,079 from the calendar week before, indicating by default that no deaths from the vaccine had occurred that week, raising serious questions about transparency and vaccine safety.

Many other adverse events are likewise appearing, ranging in risks from the biologically agile SARS-CoV-two spike poly peptide used in the vaccine to blood clots, reproductive toxicity and myocarditis ( center inflammation ). As you can see in the confidential indemnification agreements, however, even if the vaccine turns out to be a dismal failure — and a risk to short- and long-term health — countries have no recourse, nor does anyone who received the experimental shots.

One question that nosotros should all exist request is this: If the COVID-xix vaccines are, in fact, as safe and effective as the manufacturers merits, why do they crave this level of indemnification?

The views and opinions expressed in this commodity are those of the authors and practice non necessarily reflect the views of Children'southward Health Defense.