Wednesday, December 1, 2021

Federal Judge Rejects DOD Claim That Pfizer EUA and Comirnaty Vaccines Are 'Interchangeable'

A federal district court judge has rejected a claim by the U.S. Department of Defense that the Pfizer-BioNTech COVID-19 vaccine being administered under Emergency Use Authorization is interchangeable with Pfizer's Comirnaty vaccine, which in August was fully licensed by the U.S. Food and Drug Administration.

One reason pertains to the difference in ingredients and manufacturing process between Pfizer's EUA vaccine and the approved Comirnaty vaccine, and the other pertains to the legal difference between a fully licensed vaccine and an EUA vaccine.

Another key difference between fully licensed and EUA vaccines is that, under the 2005 Public Readiness and Preparedness Act, EUA vaccines are accompanied by a far-reaching liability shield that protects all parties involved with the product from lawsuits.

Specifically, if one is injured by an EUA vaccine, the only way to claim damages and receive compensation is to apply to the Countermeasures Injury Compensation Program, an administrative process under the U.S. Department of Health and Human Services, which authorized the vaccines.

At this time, the Pfizer Comirnaty vaccine may have no liability shield, making it subject to product liability laws that allow those injured by it to potentially sue for damages, although Pfizer asserts that the vaccine is protected under the PREP Act as well.

"This EUA for the Pfizer-BioNTech COVID-19 Vaccine and COMIRNATY will end when the Secretary of HHS determines that the circumstances justifying the EUA no longer exist or when there is a change in the approval status of the product such that an EUA is no longer needed."

The same media narratives, such as a recent USA Today "Fact check," also claim the Comirnaty and Pfizer-BioNTech vaccines are the same.

https://www.technocracy.news/federal-judge-rejects-dod-claim-that-pfizer-eua-and-comirnaty-vaccines-are-interchangeable/ 

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