Pfizer is among the possible defendants, one lawyer says.
Pfizer and its partner BioNTech could be open to lawsuits for including a DNA sequence in their COVID-19 vaccine.
The Public Readiness and Emergency Preparedness Act, known as the PREP Act, largely shields COVID-19 vaccine manufacturers from lawsuits, but companies can be sued for “willful misconduct,” which includes acts taken “intentionally to achieve a wrongful purpose.”
“I think what we have here is willful misconduct,” Mat Staver, chairman of Liberty Counsel, told The Epoch Times.
The Pfizer-BioNTech, in testing by outside scientists, was discovered to contain a Simian Virus 40 (SV40) DNA sequence despite the public never being told about the sequence.
Regulators in Canada and Europe have since acknowledged that the companies did not highlight the sequence and that they should have, although regulatory submissions did show the full DNA sequence of the vaccine plasmid.
The U.S. Food and Drug Administration (FDA) has refused to disclose whether the companies highlighted the sequence.
The FDA alleged no safety concerns have been identified from the residual DNA left behind by the SV40 sequence, though the agency provided no evidence on the matter.
“I can’t imagine that the FDA knew about this. There’s nothing in the FDA documents that would that I am aware of yet where they knew about this contaminant,” Mr. Staver said.
Outside scientists say the DNA could be behind the host of problems seen in people who received a COVID-19 vaccine, including cancer, though many say more testing is required to prove a link.
Under a declaration by then-Health Secretary Alex Azar in 2020, COVID-19 vaccines fall under the PREP Act. That act is aimed at allowing a quicker response to a health emergency and grants widespread immunity to manufacturers of vaccines and treatments, as well as administrators of the drugs.
The protection remains in place to this day thanks to extensions through both the Trump and Biden administrations.
The PREP Act has largely prevented lawsuits concerning the COVID-19 vaccines, but several recent developments could change that.
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