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posted ago by ThankGod ago by ThankGod +334 / -0

Leaked supply document reveals clauses to protect US pharma company from legal action in the event of serious side-effects

Pfizer has been accused of holding Brazil “to ransom” over demands to shield itself from possible vaccine side-effect lawsuits in its contract to supply the country with 100m Covid jabs.

In its $1bn (£700m) deal with Pfizer Export BV, signed in March, despite its prior complaints, the Brazilian government agreed that “a liability waiver be signed for any possible side-effects of the vaccine, exempting Pfizer from any civil liability for serious side-effects arising from the use of the vaccine, indefinitely”.

Indemnity from compensation claims has been common in contracts between many countries and big pharma companies since the late 1980s.

The contract also stipulated that Brazil would cede to US courts, convened secretly, in the event of any contractual disputes relating to the vaccines.

In April, the contract was leaked on the health ministry website – a confidentiality agreement with Pfizer prevents the publication of its contracts. It was removed soon after and went largely unnoticed outside Brazil until the information was tweeted by a French lawyer and writer last month.

“Purchaser hereby agrees to indemnify, defend and hold harmless Pfizer, BioNTech, [and] each of their affiliates … from and against any and all suits, claims, actions, demands, losses, damages, liabilities, settlements, penalties, fines, costs and expenses … caused by, arising out of, relating to, or resulting from the vaccine,” reads the contract.

https://www.theguardian.com/global-development/2021/sep/10/pfizer-accused-of-holding-brazil-to-ransom-over-vaccine-contract-demands