Federal Judge Rules in Favor of Pfizer in COVID-19 Vaccine Lawsuit
Texas Attorney General Ken Paxton has filed a lawsuit against Pfizer, claiming that the company provided inaccurate information regarding the vaccine’s effectiveness.
A federal judge has dismissed a lawsuit initiated by Texas against Pfizer, determining that U.S. law offers protection to the company due to the emergency status declared over the COVID-19 pandemic.
“The Court finds that as a matter of law under the circumstances of this case, the Defendant is entitled to immunity under the Public Readiness and Emergency Act (PREP Act),” Cummings stated.
Furthermore, he indicated that both the PREP Act and the Food, Drug, and Cosmetic Act preempt the claims made by Texas.
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Texas officials have charged Pfizer with breaching multiple statutes, including the Food, Drug, and Cosmetic Act, which forbids deceptive advertising practices.
Pfizer moved the case to federal court, asserting in its filings that it is shielded from the lawsuit by the PREP Act.
This act stipulates that it grants immunity “from suit and liability under Federal and State law concerning all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure,” with specific exceptions, during a declared emergency.
“The State’s Complaint includes well-established factual assertions focusing on Pfizer’s serious misrepresentations to the public regarding particular aspects of its vaccine’s effectiveness, which is not preempted,” they informed Cummings.
Cummings ruled in favor of Pfizer in a concise decision, noting that the case was dismissed “for essentially the reasons articulated in the Motion and Reply” submitted by Pfizer.
Representatives from Paxton’s office and Pfizer did not reply to requests for comments.
