COVID-19 is too big to fail.
The fraud at this point is pervasive and distributed through the entire system. I think that the bullshit critical mass is achieved where even with facts it will be hard to win a conviction or lawsuit. You would have to allege something small, well-defined and impactful which could win on its merit, but the nature of the problem is its pervasiveness which passes through otherwise unconnected organizations.
I suspect that trying gamed results in a drug trial would lose. You could argue that the study design was bad but that was allowed and encouraged by the government.
I think there is merit here, and clearly damages, but how to get there is a complicated question.
Yeah, win a suit by arguing that the US government is incorrect? Good. Luck.
"If we found in your favor, it would unleash an avalanche of lawsuits."
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