The lawyer for whistleblower Brook Jackson told The Defender that in its argument, Pfizer essentially admitted to wrongdoing but says there should be no consequences because the U.S. Food and Drug Administration (FDA) gave its blessing to the fraudulent clinical trials. (Related: The FDA advisory board that authorized the jabs based on fraudulent data has financial ties to Pfizer.)
Under the False Claims Act, which is the means through which Jackson's lawsuit was filed, whistleblowers can be rewarded for confidentially disclosing fraud that results in financial losses for the federal government.
A possible roadblock to this, and Pfizer's latest defense, is a 2016 U.S. Supreme Court decision that expanded the scope of a legal principle known as "materiality." This resulted in a series of federal court decisions in which fraud claims brought under the False Claims Act were dismissed.
"As interpreted by the Supreme Court, if the government continued paying a contractor despite the contractor's fraudulent activity, the fraud was not considered 'material' to the contract," reports The Defender.
Attorney Robert Barnes says that Pfizer's argument maintains that the company can get away with fraud as long as the government continues writing checks despite knowing about it.
Pfizer killed congressional amendment that would have strengthened False Claims Act
In 2021, Congress introduced the False Claims Amendments Act, which aimed to strengthen the False Claims Act's anti-retaliation provisions as well as install new safeguards against industry-level blacklisting of whistleblowers seeking employment.
Five months later, Pfizer hired a well-connected lobbyist known as Hazen Marshall, along with the law firm Williams & Jensen, to lobby against the bill. Pfizer, it turns out, has had to pay out billions of dollars in the past due to other health care fraud.
Since November 2021, Congress has taken no further action on the False Claims Amendments Act, thanks to Pfizer's interference with it.
"Pfizer, one of the most criminally fined drug companies in the world, wants to weaken the laws that hold them accountable," Barnes told The Defender.
The outcome of Jackson's case is not just significant for Jackson. It is a critical case for the American public at large because it will determine the future of the pharmaceutical industry's ability to scam and harm people without consequence.
"This case will determine if Big Pharma can rip off the American people using a dangerous drug that harms millions without any legal remedy because they claim the government was in on the scam," Barnes says.
"Brook [Jackson] brought a Qui Tam action and a retaliatory discharge case against Pfizer and others for fraud on the people concerning Pfizer's false certifications to the U.S. Department of Defense about the safety and efficacy of their COVID-19 vaccine."
A Qui Tam case, by the way, allows individuals and other entities with evidence of fraud against federal programs or contracts to sue the wrongdoer on behalf of the United States government.
"She was part of the clinical trials, witnessed extraordinary malfeasance, blew the whistle, and was quickly fired after she blew the whistle," Barnes added.
In August, Barnes and his legal team are filing an opposition brief to Pfizer's motion to dismiss. A ruling on that could occur by Fall 2022.
"This highlights just how insanely corrupt both Pfizer and the government are," wrote someone who reads The Defender. "Two wrongs don't make a right. If the government knew about and enabled the crimes, both Pfizer and the government should be punished."
The latest news coverage about Fauci Flu shots can be found at Vaccines.news.
Sources for this article include:
Please contact us for more information.
