FDA Approval of Pfizer Puts Consumers in Ultimate Squeeze: PREP Act Liability Shields Ongoing While Fed/State & Local Authorities Now Force Vaccinations

FDA Approval of Pfizer Puts Consumers in Ultimate Squeeze: PREP Act Liability Shields Ongoing While Feds/State & Local Now Force Vaccinations

With the recent Food and Drug Administration (FDA) “approval” of the mRNA-based vaccine Comirnaty came the assumption that the liability shield protecting the drug and vaccine manufacturers, in this case Pfizer, would be lifted as the emergency use authorization (EUA) is no longer needed. But this isn’t the case at all with this most recent authorization under the Biden Administration. No, the reality is very different today for the healthcare consumer. Of course, one frequently discussed policy driver for the FDA approval of Pizer’s mRNA-based vaccine was to reduce vaccine hesitancy. That’s because the general public would perceive the vaccine to be permanently approved instead of an emergency use scenario. Not widely broadcast to the public is the support the approval provides to back up widespread vaccine mandates at the federal, state, and local employer level to the private sector. The recent approval was unorthodox, involving two distinct letters, one to Pfizer continuing the EUA and the other to BioNTech granting full approval to Comirnaty. Most healthcare consumers don’t realize that the recent FDA approval does nothing to protect their interests should injury or death res...

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