I’m against frivolous lawsuits. But these are NOT frivolous. Where are the guts in Congress to strip the diabolical protections for Big Pharma & their “vaccines.”
As of today they have a license to maim & kill w/ impunity.
The compensation systems were either deliberately set up, or turned over time, to serve the interests of industry & to protect them. Burdening the taxpayer with the payouts & the corporations get away with the harm for the most part. It is the same with all the regulatory systems across all major industries: health, telecommunications, food/ag, chemicals, & others.
Wonderful if Peter Todd can bring this off - previously vaccine litigation was highly dependent on the Legal Aid Agency and its precursors the Legal Services Commission and the Legal Aid Board, in turn off-shoots of the Ministry of Justice, previously Lord Chancellor’s Department so we were forever living the fantasy in the UK that the government would be prepared to sue itself. If these cases can be self financing it will be tremendous, although government indemnities mean still that it will be the tax-payer who has to cough up.
CICP doesn't protect pharma and others from liability for fraud or intentional harm. People can go around the administrative remedy and file suit. There's certainly plenty of proof and use of these dangerous products continues to be encouraged despite growing evidence of harm. Why should anyone pursue the farcical administrative remedy?
Yes, those are the words used in the Prep Act and I understand the burden of proof is hire than just negligence. But think about how Prep is written. It implies willful misconduct is the only grounds for suit. They didn't and couldn't exclude fraud. I believe common law remedies are available. Just as good faith is implied in contracts isn't it also implied in the legislation; that it be enacted in good faith. We've never been in this situation with our government killing us, so this is novel, but don't the principles upon which the common law and Constitution are based apply? Statute can't negate that. Presently they're attempting to tell us the law is what they say it is. The law of man. We don't have to accept that.
Willful Misconduct might be the most difficult legal standard to overcome regarding vaccination and public health emergency. Have to argue a case in Federal District Court, DC Circuit. That snake pit is full of vipers to protect the Administration. Sen Ted Kennedy warned the Senate that this standard will lead to industry control and gov't cooperation during the debate of the PREP Act in 2005, which was written by Industry.
Of course the PREP Act is unconstitutional. It creates a differential between people injured by the Covid vaccines and those injured by any other vaccine.
And especially treating federal employees that were injured much better than general public.
This is a violation of the Fifth Amendment; Due Process Clause; Equal Protection Clause and the Fourteenth Amendment; Due Process Clause.
The government cannot treat citizens in similar situations differently.
Requiring someone to have to first file a claim in the CICP before filing suit, requiring them to get the expert opinion of a non-treating physician and limiting to suing for "willful misconduct are all illegal blockades that violate our civil rights.
I've contacted many law firms about this but none had any interest in it. Until that gets ruled unconstitutional no law firm will ever sue the manufacturers.
The Federal Tort Claims Act I believe is a better avenue Ito recover damages.
Then there's the Deceptive Trade Practices Act in Texas. Although with Paxton getting impeached I'm not sure what will happen with this investigation I still think filing a claim under the DCTA is a viable option.
Good luck! They have certainly stacked the deck, especially in DC. I believe we have to refuse to accept criminality. If the rule of law is gone then it's best we know it. I wish I could be there to second chair. Thank you for all your efforts and for keeping people informed.
Do you know if anyone is challenging the constitutionality of PREP?
I have spoken to 3 attys who have been looking at the standard and how to argue against it. However, no one has filed any legal complaint or suit. Maybe waiting until PREP Act is no longer in force (after 2024) to take a shot at it.
Keep up the great reporting Wayne we appreciate you
I’m against frivolous lawsuits. But these are NOT frivolous. Where are the guts in Congress to strip the diabolical protections for Big Pharma & their “vaccines.”
As of today they have a license to maim & kill w/ impunity.
The compensation systems were either deliberately set up, or turned over time, to serve the interests of industry & to protect them. Burdening the taxpayer with the payouts & the corporations get away with the harm for the most part. It is the same with all the regulatory systems across all major industries: health, telecommunications, food/ag, chemicals, & others.
Wayne
Wonderful if Peter Todd can bring this off - previously vaccine litigation was highly dependent on the Legal Aid Agency and its precursors the Legal Services Commission and the Legal Aid Board, in turn off-shoots of the Ministry of Justice, previously Lord Chancellor’s Department so we were forever living the fantasy in the UK that the government would be prepared to sue itself. If these cases can be self financing it will be tremendous, although government indemnities mean still that it will be the tax-payer who has to cough up.
CICP doesn't protect pharma and others from liability for fraud or intentional harm. People can go around the administrative remedy and file suit. There's certainly plenty of proof and use of these dangerous products continues to be encouraged despite growing evidence of harm. Why should anyone pursue the farcical administrative remedy?
Are you talking about "willful misconduct" standard in the PREP Act???
Yes, those are the words used in the Prep Act and I understand the burden of proof is hire than just negligence. But think about how Prep is written. It implies willful misconduct is the only grounds for suit. They didn't and couldn't exclude fraud. I believe common law remedies are available. Just as good faith is implied in contracts isn't it also implied in the legislation; that it be enacted in good faith. We've never been in this situation with our government killing us, so this is novel, but don't the principles upon which the common law and Constitution are based apply? Statute can't negate that. Presently they're attempting to tell us the law is what they say it is. The law of man. We don't have to accept that.
Willful Misconduct might be the most difficult legal standard to overcome regarding vaccination and public health emergency. Have to argue a case in Federal District Court, DC Circuit. That snake pit is full of vipers to protect the Administration. Sen Ted Kennedy warned the Senate that this standard will lead to industry control and gov't cooperation during the debate of the PREP Act in 2005, which was written by Industry.
Of course the PREP Act is unconstitutional. It creates a differential between people injured by the Covid vaccines and those injured by any other vaccine.
And especially treating federal employees that were injured much better than general public.
This is a violation of the Fifth Amendment; Due Process Clause; Equal Protection Clause and the Fourteenth Amendment; Due Process Clause.
The government cannot treat citizens in similar situations differently.
Requiring someone to have to first file a claim in the CICP before filing suit, requiring them to get the expert opinion of a non-treating physician and limiting to suing for "willful misconduct are all illegal blockades that violate our civil rights.
There is plenty of case law to support this. https://constitution.congress.gov/resources/unconstitutional-laws/
I've contacted many law firms about this but none had any interest in it. Until that gets ruled unconstitutional no law firm will ever sue the manufacturers.
The Federal Tort Claims Act I believe is a better avenue Ito recover damages.
I think Fauci, Biden, Walensky, The FDA, CDC, NIH et. al. should all be held responsible because of their lies and corruption. https://www.uscourts.gov/rules-policies/judiciary-policies/federal-tort-claims-against-federal-judiciary-personnel
Then there's the Deceptive Trade Practices Act in Texas. Although with Paxton getting impeached I'm not sure what will happen with this investigation I still think filing a claim under the DCTA is a viable option.
https://www.texasattorneygeneral.gov/news/releases/paxton-launches-investigation-gain-function-research-and-misrepresentations-covid-19-vaccine
Good luck! They have certainly stacked the deck, especially in DC. I believe we have to refuse to accept criminality. If the rule of law is gone then it's best we know it. I wish I could be there to second chair. Thank you for all your efforts and for keeping people informed.
Do you know if anyone is challenging the constitutionality of PREP?
I have spoken to 3 attys who have been looking at the standard and how to argue against it. However, no one has filed any legal complaint or suit. Maybe waiting until PREP Act is no longer in force (after 2024) to take a shot at it.