Walgreens to be liable for man who died from Covid-19 vaccine?

This is going to be very interesting to see how this plays out.

Can Walgreen’s be held liable, or can any retail pharmacy, doctor, clinic or hospital be held liable for the death of anyone that received a Covid-19 vaccine?

Most would answer no due to the over arching PREP Act and the protections to “covered persons” as declared in the Act.

There has been several lawsuits filed by family members of long term care, rehabilitation facilities or senior living centers that are currently moving forward in state courts due to failure to act. Not because of injury from a vaccine. But rather failure of staff to follow care protocols.

I reported prior about two cases, one in Vermont and one in North Carolina, both dealing with battery to a minor, not because of vaccine related injury.

Now comes a case in Miami, Florida area.

On May 31, a federal magistrate judge Lauren Louis recommended the lawsuit filed by the Estate of Alfredo Barrera be sent back to state court. The judge stated that The PREP Act does not apply to the suit.

Why?

Judge Louis wrote “However, Defendant’s argument ignores that Plaintiff’s complaint alleges the elements of negligence, which is plainly unavailable under The PREP Act”.

Finally, another judge that actually reads The PREP Act straightforward and did not succumb to public health and Pharma pressure and talking points.

The negligence complaint states the following:

Alfredo Barrera went to a Walgreens in Florida City for his first Pfizer Covid-19 vaccine on July 27, 2021, and after administration, suffered cardiac arrest.

Barrera’s Estate claims the pharmacist, Melinda Davis who administered the vaccine, ignored Walgreens protocol in reviewing Mr. Barrera’s VAR form and ignored the question he answered as “unknown” regarding health conditions such as heart disease.

According to the plaintiff, if Davis had followed proper protocol before giving the vaccine, she would have ensured that the vaccine was appropriate.

Barrera’s Estate also alleges that Davis failed to warn Mr. Barrera, who was found to be hypertensive and who had atherosclerotic cardiovascular disease, or advise him to seek medical clearance after answering “unknown”.

This case is far from over. Some major hurdles to overcome. But interesting that a federal judge stating the case belongs in state court and The PREP Act does not apply to negligent acts.

Keep learning, keep challenging yourself and always, always question authority.

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Wayne Rohde is the author of 2 books on Vaccine Injury Compensation Programs.