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U.S. Government Extends Liability Shield for COVID Shot Makers

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On Dec. 10, 2024, the U.S. Department of Health and Human Services (HSS) announced it would extend through Dec. 31, 2029 liability protections for pharmaceutical companies that produce COVID-19 biologics. According to Bloomberg Law, the liability shield also protects “health professionals prescribing, dispensing or administering vaccines, including state-licensed pharmacists, pharmacy technicians and pharmacy interns.” The extension takes effect on Jan. 1, 2025.1 2 3 4 

Liability Protections Extended for 12th Time

The extension, which is in the form of an amendment to Public Readiness and Emergency Preparedness (PREP) Act passed by Congress after Sept. 11, 2001, the most recent amendment to the PREP Act, is the 12th of its kind since Jan. 31, 2020 when HSS declared a coronavirus pandemic public health emergency. The PREP Act authorizes the HHS Secretary to provide liability immunity to “certain individuals and entities against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures, except for claims involving “willful misconduct” as defined in the PREP Act.5 6 7 

HHS Secretary Xavier Beccera justified the extension based on his view that COVID continues to pose a “credible risk” to public health now and in the future. This, despite the fact that the COVID public health emergency officially ended last year.1 3 4 8 He said:

I have determined that the spread of SARS-CoV-2 or a virus mutating therefrom and the resulting disease COVID-19 constitutes a credible risk of a future public health emergency. Development of and stockpiling vaccines, therapeutics, devices, and diagnostics for COVID-19 continues to be needed for U.S. preparedness against the credible threat of a public health emergency due to outbreaks of COVID-19.3 4

Currently, similar PREP Act liability protections are in effect for medical countermeasures (MCM) against numerous other biological or chemical threats, including “mpox and other orthopox viruses, viral hemorrhagic fevers such as Ebola, nerve agents and insecticides, Zika virus, pandemic flu, anthrax, acute radiation syndrome, and botulinum toxin.”9 

The PREP Act was first passed in 2005 to “shield U.S. vaccine makers from liability a vaccine or drug developed in response to a health emergency like a pandemic causes the death or permanent injury of an individual who receives it during pre-licensure clinical trials or after it is released for public use,” noted Barbara Loe Fisher and Rishma Parpia in an article published by The Vaccine Reaction in 2020.7 They added:

[The legislation] was part of a series of “Bioshield” laws created in response to national security fears after 9/11 and subsequent reported weaponized microbe threats, which prompted Congress to encourage pharmaceutical companies to develop anti-bioterrorism vaccines by, in part, eliminating liability for injuries and deaths caused by those vaccines.7 

Safety of COVID Shots Being Re-Assessed

The extension of liability protections for COVID-19 biologic coincides with growing calls in the United States for the COVID shots, especially COVID shots using the controversial mRNA technology, to be suspended in order to reassess their safety. A petition introduced earlier this year ER physician and medical researcher Joseph Fraiman, MD states that a “growing body of evidence suggests the widespread rollout of the novel COVID-19 mRNA vaccine products is contributing to an alarming rise in disability and excess deaths.”4 10 11 12 13 14

Dr. Fraiman is the lead author of a study published in the journal Vaccine which re-analyzed the original randomized trials for Pfizer/BioNTech’s and Moderna/NIAID’s COVID biologics and concluded that the rate of serious harm from the shots was one in 800—much higher than previously put forward.10 12 15 

Stanford University health researcher Jay Bhattacharya, MD, who has been nominated to be the next director of the National Institutes of Health (NIH), described Fraiman’s study as “probably the most important paper during the pandemic” about COVID biologics.10 


If you would like to receive an e-mail notice of the most recent articles published in The Vaccine Reaction each week, click here.

Click here to view References:

1 American Hospital Association. Certain PREP Act liability protections for COVID-19 countermeasures extended through 2029. Dec. 10, 2024.
2 Federal Register. 12th Amendment to Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19. U.S. Department of Health and Human Services. Dec. 11, 2024.
3 Lopez I. Biden HHS Extends Covid Vaccine Liability Shield Through 2029. Bloomberg Law Dec. 10, 2024.
4 Nevradakis M. COVID Vaccine Makers Get Another Free Pass as Biden Administration Extends Liability Shield Through 2029. The Defender Dec. 11, 2024.
5 U.S. Food and Drug Administration. MCM-Related Counterterrorism Legislation: Public Readiness and Emergency Preparedness Act of 2005 (PREP Act). Apr. 29, 2024.
6
Administration for Strategic Preparedness & Response. Public Readiness and Emergency Preparedness (PREP) Act.
7 Fisher BL, Parpia R. 2005 PREP Act and 1986 Act Shield Vaccine Manufacturers from Liability. The Vaccine Reaction Aug. 10, 2020.
8 The Associated Press. Biden ends COVID national emergency after Congress acts. Apr. 11, 2023.
9 Schnirring L. HHS secretary extends duration for COVID PREP Act declaration. CIDRAP Dec. 11, 2024.
10 Chung F. ‘Emergency no longer exists’: Doctors call for Covid vaccines to be pulled to reassess safety. news.com.au Dec. 11, 2024.
11 Florida Health. Florida State Surgeon General Calls for Halt in the Use of COVID-19 mRNA Vaccines. Jan. 3, 2024.
12 Jonko A. Covid mRNA Vaccines Contributing To Deaths, Doctors Call For Suspension. NDTV Dec. 10, 2024.
13 Parpia R. Idaho Health Department Bans Giving COVID-19 Shots. The Vaccine Reaction Nov. 11. 2024.
14 Blaze News Tonight. Study Uncovers DISTURBING Vaccine Side Effects. YouTube Dec. 10, 2024.
15 Fraiman J et al. Serious adverse events of special interest following mRNA COVID-19 vaccination in randomized trials in adults. Vaccine Sept. 22, 2022; 40(40): 5798-5805.

13 Responses

  1. I’m sure the powers that should not be know that mRNA shots of any type are dangerous to human health. Otherwise there would be no need to grant any company from any form of liability. Nobody needs any help to stay sick and diseased.

  2. They game themselves liability protection? Well of course they did!

    What these people are doing is not science. They are not experts.

    Believing vaccines are safe and effective is becoming a joke of an IQ test lately. Who’s still buying this?

    It’s like a used car dealer who’s brother is also a legislator. The car dealer gets a government subsidy to sell you a car at an artificially low price. His brother of course, being in government made this subsidy happen. When you drive away with this used car with your wife in the passenger seat and your little baby in the back seat; suddenly the brakes go out, the engine catches fire, and your entire family crashes and dies or are mangled and injured on the side of the road, just up the street from the dealership. The used car dealer gets on the phone to his brother in government, and immediately there is a new legislative rule protecting the car dealer from having sold you a faulty dangerous product which had not been checked or corrected by the mechanic ahead of time. The used car dealer says to his staff; boy that was close, we almost had a problem there. Thankfully we no longer have a problem.

    Although vaccines are more complex than auto mechanics, the principal is the same. If they’re so confident in the product, why can’t they go through reliable safety checks first? The answer is because the vaccine manufacturers don’t know what the hell they’re doing or what exactly goes into each individual batch. The just measure there is an immune reaction in the body and claim success, profit, and fame. They never bother looking in the rear view mirror to see who was harmed, when, where, or how. Because they have powerful lobby groups and can buy out the majority of corrupt politicians and advisory board people at the government institutions which supposedly regulate the corporations. I think we all know how this works by now, that the government workers are defacto employees of the pharmasuetical industry. More than half their income comes from the corporations. Another ‘fast track’ approval program success!

    Now repeat after me; Safe AND Effective.

  3. This makes me very furious. Pharma is off the hook again for any accountability for deaths and harm. HHS are not “elected officials” but remain in lockstep with protecting Pharma. Wonder how much $$ Becarra made on this one…

    1. I’m as disgraced as you are. Since trump has chosen RFK Jr as a HHS secretary, it gives me a hope instead. I certainly am not a big fan of Xavier Becarra either. He’s crooked.

  4. If we can’t sue them perhaps we should hang them or burn them at the stake as befitting malevolent demonic beings.
    Where in the constitution did we the people give this unelected unchecked department authority to pardon and/or grant immunity, nowhere. So nullify it per the 10th amendment.
    The courts should simply ignore this nonsense along with the marketing passed off as science of the fraudulent virus and germ theories. Entirely political ‘not scientific’ invention for the controlled demolition of a plebian population the El-ites feed off of like cattle. The A in every University medical degree represents assimilation into a predator class, while history disseminated to the masses is twisted and manipulated into a narrative in which we now arthritic, obese mentally slow are healthy apposed to those of previous errors who built massive beautiful amazing architecture filled with vast libraries of knowledge used to live till their 40s and babies were rarely birthed successfully formed lack of these Made Doctors who sell toxic chemicals as liberating health aides, utter hog wash. There is no greater fallacy than the fallacy of authority. To give these bewitched arrogant Mad Dr.ug dealers authority over life is literally bargaining with devils.

  5. They are aware that RFK, Jr will try to stop the immune from liability crap, so they are trying to prolong it while harming millions. It should be mandatory that everyone in Congress and in medicine read the 2 books: “Turtles All the Way Down” and “Dissolving Illusions”. They can get the facts and understand why there will never be any safety studies on vaccines. Even Mr Trump should read them.

  6. Cannot wait to see what else “they” get passed prior to Inauguration and new Cabinet. Covering all their evil bases for Trump’s entire Term. Maybe Trump will find paths through their maze of deceptions.

  7. Doesn’t sound like, “Safe and Effective”, does it? Obviously, the Biden Bureaucracy has no brain waves. All they and the entire admin. have, are paychecks from the CCP.

  8. Govt has always been in servitude to the deeply corrupt and criminal vaccine industry.
    This is Fascism, not democracy.
    Vaccines are the greatest criminal medical fraud in the history of medicine, they are all unnecessary, toxic, and do not protect anyone from anything.
    We have been played for decades by pharma and the gov.

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