Pfizer exempt from liability in the event of adverse effects? Caution

• For antivax, the pharmaceutical company Pfizer would be exempt from all liability, thanks to a clause negotiated with the European Commission, in the event of serious side effects from its vaccine against Covid-19.

• An argument that allows them to argue that it is dangerous.

• What is it really ?

  20 Minutes

  takes stock.

“Let's not forget that Pfizer has included in its contract a disclaimer in the event of side effects.

This releases them from any compensation.

This is an argument frequently raised by critics of vaccines against Covid-19.

Pharmaceutical laboratories – Pfizer is the most often mentioned – would benefit from a disclaimer in the event of side effects caused by the bite.

For antivax, this hides a significant risk.

Eric Lanzarone, a lawyer from Marseille who defends a 13-year-old teenager who lost his sight to 90% – a side effect of vaccination, according to him – also denounced the non-responsibility of Pfizer in the event of adverse effects linked to the vaccine.

“I went to look for the contract on the European Commission's website, a contract which has since disappeared.

There was a clause that clears Pfizer of all liability in the event of the occurrence of potential adverse effects, ”he said on the air of France 3 Provence Alpes on Saturday January 29.

State scandal?

#Pfizer not responsible in the event of adverse effects, according to a clause in the contract signed with the French State.

Me Lanzarone, is attacking the company on behalf of his client, a 13-year-old child who lost 90% of his sight after his first dose.

pic.twitter.com/IiVuvqGIuW

– France 3 Provence (@France3Provence) January 29, 2022

FAKE OFF

“The contract for the advance purchase of vaccines concluded by the European Commission with the laboratories concerned has enabled the Member States of the European Union to benefit from priority access to these vaccines.

In return, the States have agreed to guarantee the burden of compensation for damage caused by vaccination, ”explains to

Jérôme Peigné, professor at the University of Paris-Descartes and member of the Law and Health Institute.

“It is not a clause of irresponsibility but of compensation”, continues the specialist in the law of health products.

Concretely, if a laboratory is found civilly liable for serious side effects by the courts of a Member State, "the damages to which the laboratory will have been condemned will, in fine, be borne by the State, in application of the clause.

“The European Commission, which negotiated the contracts with the laboratories for the supply of vaccine doses, confirms with 

and specifies

“In all our contracts, the rights of patients are completely preserved.

This means that patients can take legal action.

And obtain compensation if the cause and effect link is recognized by the courts.

But is this really the case for Pfizer?

The public version of the contract available on the Commission's website does not provide details of the provisions provided for because of the “redacting” of confidential elements.

Nevertheless, a full version of the framework contract has been published by various European media, including the Spanish newspaper

.

According to this document, if the Pfizer laboratory is condemned by the courts to compensate victims, it will be able to request the Member States to be compensated in turn.

You follow ?

In legal terms, this gives: “Each Member State must indemnify and hold harmless [laboratories] from and against all liability incurred […] as well as direct and reasonable external legal costs incurred to defend itself from claims by third parties relating to damages, damages and losses […] arising out of or related to the use and deployment of vaccines under the jurisdiction of the Member State in question.

»

On the Pfizer side, if we refuse to comment on confidential provisions, we emphasize the exceptional nature of the pandemic to explain the specific conditions of the contract with the European Union.

“Covid-19 has forced pharmaceutical companies, including Pfizer, to develop and manufacture vaccines and treatments in an accelerated manner so that they can distribute them around the world”, explains the laboratory to

.

The company thus specifies that it “seeks to obtain the same type of protection in terms of compensation and liability in all countries”.

What happens if the responsibility of the laboratory is not retained in the occurrence of serious side effects?

“It is national solidarity that will compensate the victims via the procedure of Oniam [National Office for Compensation for Medical Accidents].

We detailed how the procedure works in a previous article.

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