I’m not sure about the difference between the fraud standard and the “willful misconduct” standard, but I learned today that in 2004 and 2005, Congress passed laws amending the 1944 Public Health Service Act, in a way that strictly limits liability to cases of ‘willful misconduct’ that’s the proximate cause of injury and death, for any product approved under an EUA during a declared public health emergency. The laws on the books even go so far as to classify contractors (like Pfizer, Moderna, hospitals, pharmacies, nurses, doctors) as government employees of US-Health and Human Services, for purposes of Federal Tort Claims Act. Giving them (I think) government immunity.
The laws are set up so the only recourse is the ‘Countermeasures Injury Compensation Program.’
And at least one court - Supreme Court of NY in 2012 — has interpreted the laws very strictly, to apply to injury and death caused by a ‘vaccinator’ without the consent of the person injected.
I’m not sure about the difference between the fraud standard and the “willful misconduct” standard, but I learned today that in 2004 and 2005, Congress passed laws amending the 1944 Public Health Service Act, in a way that strictly limits liability to cases of ‘willful misconduct’ that’s the proximate cause of injury and death, for any product approved under an EUA during a declared public health emergency. The laws on the books even go so far as to classify contractors (like Pfizer, Moderna, hospitals, pharmacies, nurses, doctors) as government employees of US-Health and Human Services, for purposes of Federal Tort Claims Act. Giving them (I think) government immunity.
The laws are set up so the only recourse is the ‘Countermeasures Injury Compensation Program.’
And at least one court - Supreme Court of NY in 2012 — has interpreted the laws very strictly, to apply to injury and death caused by a ‘vaccinator’ without the consent of the person injected.
Report here:
https://bailiwicknews.substack.com/p/project-bioshield-act-of-2004-and?s=w