“The little trick that they have done here: They have issued two separate letters for two separate vaccines. The Pfizer vaccine which is currently available is still under emergency use authorization and it still has the liability shield … The product that’s licensed … it’s called Comirnaty. … that’s the one that liability waiver will no longer apply to.”
...then:
“The statement that the products are ‘legally distinct with certain differences’ refers to the differences in manufacturing information included in the respective regulatory submissions,” said Pfizer spokesperson Sharon J. Castillo in an email. “Specifically, while the products are manufactured using the same processes, they may have been manufactured at different sites or using raw materials from different approved suppliers. FDA closely reviews all manufacturing steps, and has found explicitly that the EUA and BLA [biologics license application] products are equivalent.”
Indeed, contrary to the claims of Malone and others, the Comirnaty vaccine has the same liability protection as the vaccine approved under the EUA. That’s because of a law known as the Public Readiness and Emergency Preparedness Act (PREP Act).
My reading of the Declaration issued by the Dept. of Health and Human Services (portion below) is that it is ALL vaccines are covered and protected by the PREP Act, approved or not, EUA or not. Any wuflu "countermeasure" qualifies for protection from liability. Experimental or emergency use is no longer a limiting qualifier.
VI. Covered Countermeasures 42 U.S.C. 247D-6B(C)(1)(B), 42 U.S.C. 247D-6D(I)(1) AND (7) Covered Countermeasures are:
(a) Any antiviral, any drug, any biologic, any diagnostic, any other device, any respiratory protective device, or any vaccine manufactured, used, designed, developed, modified, licensed, or procured:
i. To diagnose, mitigate, prevent, treat, or cure COVID-19, or the transmission of SARS-CoV-2 or a virus mutating therefrom; or
ii. to limit the harm that COVID-19, or the transmission of SARS-CoV-2 or a virus mutating therefrom, might otherwise cause;
(b) a product manufactured, used, designed, developed, modified, licensed, or procured to diagnose, mitigate, prevent, treat, or cure a serious or life-threatening disease or condition caused by a product described in paragraph (a) above;
(c) a product or technology intended to enhance the use or effect of a product described in paragraph (a) or (b) above; or
(d) any device used in the administration of any such product, and all components and constituent materials of any such product.
Your reading matches mine. The salient point is this:
Any wuflu "countermeasure" qualifies for protection from liability.
Thanks, Professor. Your expert feedback has been appreciated for years.
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