Is Texas Cowboying Up Against Pfizer or Just Throwing Us Pigeons Some Bread Crumbs?
Many of you have heard about the Texas Law Suit directed at Pfizer for overstating Vaccine Effectiveness
The lawsuit alleges Pfizer “engaged in false, deceptive, and misleading acts and practices by making unsupported claims regarding the company’s COVID-19 vaccine in violation of the Texas Deceptive Trade Practices Act.”
Texas Attorney General Ken Paxton accused drugmaker Pfizer of fear-mongering and lies about the effectiveness of its COVID-19 vaccine
https://www.texastribune.org/2023/11/30/texas-attorney-general-pfizer-lawsuit/
Some folks are excited. Let me tell you why I am not. While Pfizer is certainly guilty of those charges, the most important thing about the Vaccine is it kills and injures people. It killed many Texans. Yet the Texas AG does not sue over its lies over safety?
In 2021 and 2022 Texas had 126% Excess Deaths for a Total of 108,272 deaths of which only 67,401 deaths were associated with COVID leaving 40,872 unexplained non-COVID deaths, which a reasonable person might attribute to the Vaccines.
Why not give a shot at suing over safety claims (no pun intended).
The Petition even mentions the Safety Concerns, yet still does not sue Pfizer over them
142. Pfizer’s distortion of the public vaccination decision is particularly harmful because Pfizer’s vaccine possesses significant safety concerns. As previously noted, FDA’s review of Pfizer’s formal application concluded that “FDA and CDC identified serious risks for myocarditis and pericarditis following administration of” the Pfizer’s vaccine, including “some cases [that]
required intensive care support.” FDA, Summary Basis for Regulatory Action on COMIRNATY 96 (Nov. 8, 2021).
143. Myocarditis is a serious medical condition involving inflammation of the heart that reduces the muscle’s ability to pump blood. Severe myocarditis weakens the heart such that the remainder of the body doesn’t receive enough blood. As a result, blood clots can form in the heart, leading to a stroke or heart attack. Many of the vaccinated deaths in Pfizer’s full Phase 2/3 study were a result of “[c]ardiac conditions.” See supra ¶ 100.
144. Pfizer’s misrepresentations resulted in the public engaging in an artificial and flawed consideration and balancing of Pfizer’s vaccine’s benefits and risks, including that of myocarditis, when making their vaccination decision. Had the public known the truth about the efficacy of Pfizer’s COVID-19 vaccine, a substantial portion would likely have opted for an alternative or foregone inoculation altogether.
[OR - Had the public known the truth about the SAFETY of Pfizer’s COVID-19 vaccine, a substantial portion would likely have opted for an alternative or foregone inoculation altogether.]
June 14-2021
Dr. Marty Makary of Johns Hopkins Hospital claimed the Centers for Disease Control and Prevention (CDC) "sits on a lot of data. And by the way, why are we getting this data from February now in June, again, with the heart-swelling complications of over 300 kids? They had that data now for three weeks; they announced it last Wednesday. They're having their emergency meeting about a week and half later."
https://www.newsweek.com/johns-hopkins-doctor-marty-makary-accuses-cdc-sitting-data-suit-their-narrative-1600545
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Of course, you may say they cant do so because the PREP ACT grants Pfizer a liability waiver and they cant sue unless FDA takes action first. But they are still suing because of Vaccine Efficacy. 🤷🏻♂️
While an EUA requires that the Product Benefits outweigh the Risks so it may be argued it does not need to be Safe, but yet it was still marketed as Safe and Effective. Thats deceptive marketing. A strong case can be made they were not SAFE.
Now I am not a lawyer, but I am pretty sure their case regarding Vaccine Effectiveness alone is pretty weak, for a number of reasons, such as FDA and CDC both claiming that they were effective , FDA clearance of trial protocols and despite the real world data as Delta arrived FDA’s formal approval. Regulatory Deference is huge in the US court system.
And even if they get a Judge who rules in their favor the damages and penalties will be a drop in the bucket for Pfizer, limited as they are to effectiveness and not safety. Without the safety part, this case has no teeth.
Pfizer will say their Vaccine was better than nothing, and the best they could do under the WARP SPEED mandate, and that it eventually worked despite the variants, and besides, it cost the Consumer and Texas nothing because Pfizers actual Customer was the Federal Government, and they did not sell to the Customer or Texas.
The Federal Government did most of the Marketing, which included Censoring on Social Media and spending billions on Advertising. During the EUA phase Pfizer was not legally permitted to advertise the product. Everything Pfizer said in interviews or press releases was said many more times by FDA and CDC , and their paid for advertising on MSM , and even Trump , the Father of Operation WARP SPEED said its a wonderful Vaccine
And lets not forget Pfizers Partner in Marketing the Vaccine. Israel . They signed up their own people as Pfizers Lab Rats
February 19, 2021
Pfizer/BioNTech First Dose Effective in Real-World Data
A study from Israel shows that the first dose of the Pfizer/BioNTech vaccine is 85% effective 15 to 28 days after it is given, according to real-world data from Sheba Medical center. The report involving 9000 individuals, also suggests that lower-than-approved temperature and storage temperatures are possible.
February 21
Pfizer Vaccine 98.8% Effective Against Deaths, Hospitalizations After 2 Doses
More data from Israel show that the Pfizer vaccine, at 2 doses, is 98.8% effective at preventing deaths and hospitalizations. About a third of the country has been vaccinated at this point, but vaccinations in Palestinian-held territories lag.
February 25
Pfizer/BioNTech Vaccine’s Efficacy Is Underscored by Real-World Data
An independently reviewed real-world study shows that 2 doses of the Pfizer/BioNTech COVID-19 vaccine reduced symptomatic cases by 94% across all age groups, Reuters reported. The study, which used evidence from Israel 2 months into one of the fastest vaccine rollouts worldwide, also found that a single shot was 57% effective in protecting against symptomatic infections 2 weeks after vaccination
Anyways, here is why Pfizer can claim they did eventually work
Cases
Except for that Omicron bump, which Pfizer will correctly argue was a different virus, cases are all but gone. so the Judge or Jury might be sympathetic to Pfizer
Of course, we don’t test as much and one can argue Omicron was a Self Spreading Vaccine and far more effective.
Besides, The CDC has continued to recommend Pfizer’s vaccine and call it effective, and the World Health Organization has said Pfzier’s vaccine has “very high efficacy against severe disease and moderate efficacy against symptomatic” cases.
One more word on Safety. Texas had a great example of Trial Fraud in their own state. Maddie De Garay, a trial participant in Texas who is now permanently disabled due to the Vaccine, yet Pfizer called the Adverse Event a Stomach Ache.
https://downloads.regulations.gov/FDA-2021-N-1088-129763/attachment_1.pdf
This would have given great weight to their case since it would have been much harder to show the vaccine benefits outweighed the risks. Benefits were overstated by not using Absolute Risk Reduction (discussed below) , and Risks were Understated by whitewashing serious adverse events . The motivation for Willful Misconduct exists, and proving that open the flood gates to lawsuits for compensation
Also, as we all know the Vaccines used in the Adult Trials were using a different Process than the distributed product. That early Process ensured there would be no DNA plasmid contamination , unlike the mass production Process. Also we know thanks to the work of Kevin McKernan that many lots had significant contamination, even after FDA gave formal approval.
To not pursue Safety and Effectiveness together is ridiculous because they were linked in the marketing campaign as well as the criteria to obtain an EUA in the first place
Now lets look at Relative vs Absolute Risk Reduction which seems a central element of Texas case against Pfizer ( topping Durability, Transmission and Variant Effectiveness)
If you read through the lawsuit petition
They state
FDA publications indicate “relative risk reduction” is a misleading statistic that “unduly influence[s]” consumer choice. Indeed, per FDA: “when information is presented in a relative risk format, the risk reduction seems large and treatments are viewed more favorably than when the same information is presented” using more accurate metrics.
Yet it was not only Pfizer. The FDA used the relative risk reduction, repeatedly. They could calculate absolute risk on their own 0.85%) , they don’t need Pfizer to do that for them. A 10 year old can do it.
https://www.fda.gov/media/144337/download
The key to Pfizer and FDA obtaining the high efficacy rates they did was Case Definition. If you don’t have symptoms, you don’t have COVID. Thats what Pfizer followed. That is also the correct definition of Case.
However, in the real world , thanks to CDC wishing to inflate counts, Cases and Deaths included those who had no COVID symptoms so long as they had a positive PCR Test. As we all know PCR Tests do not prove a patient has COVID, especially when Ct>30. When people heard 95% Effectiveness they assumed it would mean 95% effective against a Positive Test, but the marketing did not distinguish between the two since FDA/CDC did not want to admit the PCR tests on Asymptomatic people were garbage. This fraud was a key component of Operation COVID in 2020-2022
FDA could easily have required Pfizer to simply give every participant a PCR test each week, but they did not. If they had done so , I guarantee they would not have obtained the same results, which is why they did not.
VE 95.5%
And
Fda Approval-Comirnaty
8-23-21
https://www.fda.gov/news-events/press-announcements/fda-approves-first-covid-19-vaccine
Another trick they did with FDA’s thumbs up was exclude those who got COVID after the 1st shot and within 7 days of the 2nd shot. As we all know now, the vaccines cause transient immune suppression as your T-Cells and NK cells are depleted attacking transfected cells, leaving you more susceptible to COVID.
In other words, COVID-19 cases that occurred before that point—that is, between shot one and seven days after shot two— were not considered when evaluating the efficacy of Pfizer’s vaccine.
That was a highly significant qualifier because 409 “[s]uspected” COVID-19 cases occurred after the participant received the first vaccine shot, but before seven days elapsed after taking the second shot. Id. at 41. By contrast, only 287 suspected COVID-19 cases occurred among placebo recipients in that same interval. In other words, more people in the trial’s treatment group experienced COVID-19 than in the placebo group, even though the former had taken at least one ostensibly immunity enhancing dose.
They are suspected cases because they apparently didn’t bother to test them seeing they were outside the window. Yet FDA accepted these shenanigans.
The CDC was one of the biggest purveyors of this misinformation. It is the CDC in April 2021 that came out with a report that said it was effective
https://www.cdc.gov/mmwr/volumes/70/wr/mm7013e3.htm
Yet Vaccinated people kept testing positive. So on May 1 , 2021 the Centers for Disease Control and Prevention mostly stopped tracking COVID-19 in vaccinated people, also known as breakthrough cases, unless the illness was severe enough to cause hospitalization or death.
Various media reports raised concerns.
In May, eight vaccinated members of the New York Yankees tested positive.
In June, 11 employees of a Las Vegas hospital became infected, eight of whom were fully vaccinated.
And then 469 people who visited the Provincetown, Massachusetts, area between July 3 and July 17 became infected even though 74% of them were fully vaccinated, according to the CDC’s Morbidity and Mortality Weekly Report.
While the vast majority of those cases were relatively mild, the Massachusetts outbreak contributed to the CDC reversing itself on July 27 and recommending that even vaccinated people wear masks indoors — 11 weeks after it had told them they could jettison the protection.
In August Wednesday, the CDC released a trio of reports that found that while the vaccine remained effective at keeping vaccinated people out of the hospital, the overall protection appears to be waning over time, especially against the delta variant.
The new findings prompted the Biden administration to announce that people who got a Moderna or Pfizer vaccine will be offered a booster shot eight months after their second dose. The program is scheduled to begin the week of Sept. 20 but needs approval from the Food and Drug Administration and a CDC advisory committee
So I think its pretty obvious that by Summer of 2021 anyone not living in a cave was aware there was some question of effectiveness in preventing infection, so thats when they fell back on marketing the Vaccine as preventing serious disease and death which was not able to be addressed in the Clinical Trial, so they had to rely on Real World Data .
On September 24, 2021, the CDC issued a report on efficacy against hospitalization. While it found the vaccine had an average 91% relative risk reduction rate against hospitalization two months after dose two, that efficacy quickly dropped to 77% at only three months later.
But for them to maintain this lie, they had to rely on CDC ability to manipulate the statistics by counting those hospitalized and dead due to COVID as unvaccinated. For this they required the assistance of hospitals whose administrators were heavily dependent on Federal Government COVID revenues and were glad to play ball. They also had to resort to withholding data that contradicted their lies
Two full years into the pandemic, the agency leading the country’s response to the public health emergency has published only a tiny fraction of the data it has collected, several people familiar with the data said.
https://www.nytimes.com/2022/02/20/health/covid-cdc-data.html
This is beyond the scope of this post however.
TRANSMISSION
The Texas Petition makes a case that the vaccine does not prevent transmission and that it was deceptively marketed as preventing transmission.
On Dec. 3, 2020, Pfizer’s CEO, Albert Bourla, told NBC News it was still unknown if vaccinated people could carry the virus and spread it to others. “I think this is something that needs to be examined. We are not certain about that right now,” he said.
And
January, 2021, Pfizer CEO Albert Bourla continued to state that the company did not know if the vaccine would prevent transmission. He told online news site The Journal that the preliminary data on transmission in the broader population were “encouraging” but that
“This is not conclusive yet. We know that in animals, (there is) significant protection from transferring the virus…. We haven’t (proven that in) humans yet.” (here)
Of course, subsequent comments have implied otherwise.
Israel and UK both said it Prevented Transmission
In February 2021, for example, Israeli data (here) showed a sharp drop in infections among healthcare workers within 15-28 days of receiving the two-shot Pfizer vaccine series, indicating the vaccine was not just preventing symptomatic disease, but also preventing the virus from being passed from person to person.
“Whether it is 75 or 90 percent reduction doesn’t matter - it is a big drop in transmission,” Michal Linial, a professor of molecular biology and bioinformatics at Jerusalem’s Hebrew University, told Reuters at the time. “It means that not only is the individual vaccinated protected, the inoculation also provides protection to his or her surroundings” (here)
It was only when Delta arrived that they began to concede that the Vaccines wont prevent transmission. When Pfizer conducted their clinical trial, Delta did not exist, and the trial report clearly stated it did not evaluate transmission.
VARIANTS
Blaming Delta-July 2021
Fauci
“This is not the original virus that we were dealing with. This has different capabilities much more efficient in transmitting from person to person,” he said, explaining why the Centers for Disease Control and Prevention’s changed its mask guidelines.
Fauci said the CDC reversed its mask guidance on Tuesday — recommending that fully vaccinated people go back to wearing masks indoors in places where there are high transmission rates — because delta is now the dominant strain in the U.S. In May, when the CDC announced that fully vaccinated people could ditch their masks, the more transmissible delta variant only represented about 1-2% of infections in the U.S.
Delta is highly transmissible and acts “uniquely differently from past strains of the virus,” CDC director Rochelle Walensky said during a call with reporters Tuesday.
Research suggests that delta is as much as 60% more transmissible than the previously dominant alpha variant.
And “we know now as a fact that [vaccinated people with Covid] are capable of transmitting the infection to someone else,” Fauci told NPR.
Breakthrough infections, although rare, occur when a vaccinated person is infected with the virus. It had been unclear whether a vaccinated person would have enough virus in their system to pass it to others. But new data suggests that, yes, fully vaccinated people who are infected with the delta variant can transmit the virus to other people, Walensky said.
DURABILITY
There is also a complaint they overstated how long the vaccine efficacy would last. But the EUA was granted after only 2 months, and while we know Efficacy wanes in humans after 6 months, by 6 months the more transmissible Delta was making its arrival. Sure enough as Delta was arriving during the summer we were told boosters would be required due to waning efficacy, and despite this Cominarty was licensed on August 23,2021 without a VRBAC meeting to discuss Pfizers 6 months post marketing report which cast doubt on the durability of the efficacy and showed the vaxxed group had a slightly higher death count than the placebo group.
Of course the 6 month report was tainted by the fact the trial was unblinded after EUA approval. The Texas Petition pointed out the fact the trial was unblinded by Pfizer, but failed to mention FDA needed to approve the unblinding, and they did approve that saying it was for ethical reasons.
https://www.fda.gov/media/152176/download
So IMHO this case is going nowhere. Its just throwing folks crumbs and pretending they are doing something and sadly folks are falling for it. Why not convene a Grand Jury like DeSantis did 1 year ago (BTW, what happened to that, total silence).
And last but not least, why no Moderna? Is it because Moderna is the only US company that owns the Vaccine (Pfizer just makes/markets BNT Vaccine). Is it because Moderna paid NIAID $400 million in royalties to NIH’s NIAID and just hides behind their Aprons letting them do the marketing for them?
Why should that matter to Texas?
In any event, thats my opinion. But maybe I am too cynical, Sasha Latypova, although critical has a more generous take, albeit not that generous
I don’t want to be a total downer, so I am going to thank AG Paxton for doing something. In fairness, the complaint has strong points, cites lots of good data, goes after some valid aspects of consumer safety (deceptive marketing claims) and, importantly, goes after collusion with media. So not everything is bad.
This maybe better than the rest of state AGs twiddling their thumbs while human slaughter from illicit poisons trafficked across state borders by the feds is ongoing.
However, the part I am going to criticize nags me as a big problem. I also find it astonishing that AG Paxton’s team missed this aspect while writing up a large section of the complaint about the illegal-law (EUA), on which most of the mass murder hinges.
Methinks the competent people that they are, they didn’t miss it, they omitted it on purpose.
They ignored the abdication of informed consent in an EUA (21 USC 360 bbb).
Like everything else government related: dollars to doughnuts says it’s just more theater.
The pharmafia OWNS congress and government officials so this is to me, pretty much just a shit show to appease the minions.