- Immunity for ALL Drugs and Vaccines:
The language could potentially apply to any drug, vaccine,
or biological product that the Secretary of HHS deems a “covered
countermeasure.” This list could include any commercial drug
like Tylenol and is not limited in any way to drugs or vaccines
meant to treat a pandemic like avian flu.
- Immunity at ANY Time:
The immunity language depends on the Secretary making a declaration
that a health condition is causing a public health emergency or
that some health condition could become an emergency at
some point in the future. There is nothing that limits
this declaration to an actual health emergency or to an actual
pandemic illness. This declaration could occur at any time for
almost any reason.
- Immunity for Harm Caused by a Manufacturer’s
Bad Conduct:
The immunity applies no matter what the drug company did wrong.
Even if a drug company operates a dirty facility in which a batch
of vaccines is contaminated, and that vaccine kills thousands
of Americans, the drug company is immune from liability.
- Immunity for Anything but Assault or Murder:
The language explicitly protects drug companies who act recklessly
or who are grossly negligent, and would allow a claim to go forward
only where a drug company acted with such willful misconduct as
to constitute criminal assault or murder. Anything less than criminal
conduct is protected.
- Immunity for Murder unless the Secretary or
the Attorney General Say Otherwise:
Even if a drug company has acted with “willful misconduct”
as defined by this language, the drug company is still
immune from accountability unless the Secretary or the Attorney
General initiates an enforcement action against the drug company
and that action is pending at the time a claim is filed
or the action resulted in some form of punishment. So even if
a drug company knowingly kills thousands of people, if no official
enforcement action is taken, that company is still immune.
