In the largest health care fraud lawsuit filed under the False Claims Act in American history, Pfizer agreed to pay $2.3 billion in compensation fees in 2009. Pfizer cannot keep using the government as a shield from liability for making false claims about its COVID vaccine any longer.
In response to Pfizer’s move to dismiss a False Claims Act suit, attorneys for a whistleblower contended that the pharmaceutical company cannot use the government as a defense from responsibility for making false claims regarding its COVID-19 vaccine.
“Respondents claim fraudulent certifications, false statements, doctored data, contaminated clinical trials, and firing of whistleblowers can be ignored based on the theory that they contracted their way around the fraud,” lawyers for Brook Jackson, who worked as regional director at one of the clinical trials used to develop the Pfizer vaccine, wrote in their Aug. 22 response (read below).
“A drug company cannot induce the taxpayers to pay billions of dollars for a product,” they countered, “that honest data would show poses more risks than benefits, and that ignores the actual contract and the law itself.”
According to Jackson’s lawsuit, Pfizer and two of its subcontractors breached the False Claims Act by giving false clinical trial findings in order to obtain FDA clearance for its COVID-19 vaccine.
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According to federal law, anybody who can demonstrate that a person or business purposefully deceived to the government are entitled to sue on the government’s behalf and get treble damages.
The compensation might be as much as $3.3 trillion, according to Warner Mendenhall, one of Jackson’s attorneys.
“It would be enough to bankrupt Pfizer,” Mendenhall said.
Mendenhall, whose practice has managed to win multimillion-dollar False Claims Act lawsuits, based his figures on the more than $2 billion paid to Pfizer by the US government for more than 100 million dosages of its COVID-19 vaccine.
Pfizer and its subcontractors submitted motions to dismiss the case, claiming that in addition to Jackson’s claims being untrue, only the government and not an individual can file a False Claims Act charge. As a result, the case should be dismissed.
“The Relator may not pursue the claims against Pfizer without the Government first pursuing them in an administrative proceeding,” Pfizer’s motion states.
The firms also claimed that the FDA was cognizant of Jackson’s concerns for at least two years before the lawsuit was filed, and that the FDA publicly replied to Jackson’s accusations by expressing the agency’s “full confidence” in the evidence used to support the vaccination.
Jackson just needs to show that Pfizer and its subcontractors sent misleading information to the FDA, according to Mendenhall, who claimed a false claims lawsuit is independent of the government’s knowledge.
Jackson was third in charge of the Ventavia Research Group clinical trials undertaken as part of Pfizer’s application for emergency use permission of its COVID-19 vaccine. She was only there for 18 days before being dismissed by Ventavia for claiming “absolute mayhem” and a complete disregard for safety processes and federal rules in the vaccine’s development.
More than 400 exhibits have been provided by Jackson as part of her lawsuit. A former Taco’s cashier, according to Jackson, was among those in charge of administering the experimental jab to patients. She claimed that the trial staff forged patient signatures on documentation requesting informed consent. She also spoke about the daily chaos and unhygienic environment.
Jackson also addressed Pfizer’s portrayal of her as an anti-government, anti-vaccine individual seeking money as payback for being fired.
Jackson stated she is pro-vaccine and has collaborated on a long number of government-run scientific trials for vaccines. She emphasized that her children had had all of their recommended childhood vaccinations and that her entire family receives the flu shot each year. Jackson was initially one of the biggest supporters of the COVID-19 vaccination and acquired it as soon as it was accessible.
Jackson stated that she intends to donate whatever money she receives from her legal case against the businesses to anyone harmed by the vaccine, even though she is pursuing compensation for her firing as part of her actions against Pfizer and the other firms.
“As far as I’m concerned, it’s blood money,” she said. “The world should be disgusted by what went on here with the shameful actions behind this dangerous vaccine.”
False Claims Act lawsuits are nothing new for Pfizer.
In the largest health care fraud lawsuit filed under the False Claims Act in American history, the pharmaceutical company agreed to pay $2.3 billion in compensation fees in 2009. Pfizer was accused of misbranding one of its medications with “the intent to defraud or mislead,” according to a lawsuit filed by the US Department of Justice.
Initially referred to as Lincoln’s Law, the False Claims Act was initially used to bring legal action against defense contractors who provided the Union Army with defective horses, faulty rifles, and rotten food.
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