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Tipsheet

Biden Quietly Extends Covid 'Emergency Declaration' to Protect Big Pharma From Liability Until 2029

AP Photo/Mark Lennihan, File

The Biden Administration quietly rushed to extend the “Emergency Declaration” under the Public Readiness and Emergency Preparedness (PREP) Act until December 31, 2029, to protect Big Pharma and mRNA vaccine makers from lawsuits for injuries and deaths. The act also provides immunity from liability to healthcare providers, nurses, pharmacists, pharmacy interns, and pharmacy technicians who administered the COVID-19 vaccines. 

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Xavier Becerra, the secretary of Health and Human Services (HHS), signed the 12th amendment to the declaration under the PREP Act for COVID-19 Medical Countermeasures, claiming the move was necessary because of a still substantial “credible risk” the pandemic spirals out of control in the next four years— or while President-elect Donald Trump is in office.  

According to the Federal Registrar Notice: 

I am now amending section XII of the Declaration to extend the time period of PREP Act coverage through December 31, 2029. COVID-19 continues to present a credible risk of a future public health emergency. 

COVID-19 continues to cause significant serious illness, morbidity, and mortality during outbreaks. The risk of domestic cases is high due to ongoing outbreaks that continue domestically and internationally in the year since the PHE for COVID-19 ended.

Development of and stockpiling vaccines, therapeutics, devices, and diagnostics for COVID-19 continues to be needed for U.S. preparedness against the credible threat of a public health emergency due to outbreaks of COVID-19. Continued coverage under the PREP Act, as provided in this Declaration, is intended to prepare for and mitigate the credible risk presented by COVID-19. 

The PREP Act, enacted in 2020, was initially intended to encourage vaccine manufacturers to speed up their research on COVID-19 vaccines without fear of being legally held responsible for side effects. The Biden Administration defended the sudden move, saying the extension would be a precaution for “future public health emergencies.” 

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Michael Hogue, CEO of the American Pharmacists Association, said the extension would “continue saving lives and lower healthcare costs, particularly in rural and underserved areas where the local pharmacy may be the only healthcare provider for miles.” 

Per CDC data, about one in every 200,000 cases, a person will have an allergic reaction or suffer from heart problems, such as myocarditis or pericarditis, in response to a COVID-19 vaccine. The Daily Mail noted that there have been about 13,000 claims that the Covid vaccine or other related treatments have caused injury, with 10,000 of those awaiting review. This means that since 2020, only 3,000 of those claims have been reviewed. 

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