New Lawsuit May Upend PREP Act & CICP – The Washington Customary
The Public Readiness and Emergency Preparedness (PREP) Act, along with its Countermeasures Injury Compensation Program (CICP) that was passed in 2005, have wreaked havoc on the American Public. The PREP Act provided immunity from liability for harm caused by a countermeasure to manufacturers of these products, administrators of these products, as well as other entities. The CICP was created under the PREP Act to compensate individuals injured by these countermeasures. However, the eligibility criteria are so restrictive it has left many without any remedy for relief.
However, a recently filed lawsuit is challenging the constitutionality of this program.
Two women, with support from Children’s Health Defense (CHD), are suing the government agency that oversees the compensation program for COVID-19 vaccine injuries.
Angela K. McInish and Christina Gay Fible, who said they developed debilitating COVID-19 vaccine injuries, allege the program violated their constitutional rights by setting eligibility criteria so restrictive that neither woman qualifies for compensation.
The lawsuit, filed late Monday against the Health Resources & Services Administration (HRSA), alleges the Countermeasures Injury Compensation Program (CICP) violates the Constitution’s due process and equal protection provisions because it leaves the women with no legal remedy for their injuries.
The CICP was established under the Public Readiness and Emergency Preparedness (PREP) Act. The program processes claims for countermeasures, including COVID-19 shots, administered during a public health emergency.
The PREP Act protects COVID-19 vaccine makers, healthcare workers and others who administer the vaccines from liability for most types of injuries caused by the vaccines — so those injured by the vaccines can’t sue in a regular court of law.
The only course of action for people injured by COVID-19 vaccines is to file a claim with the CICP. The claim must be filed within 12 months after the injury occurred.
CICP says it “provides compensation for covered serious injuries or deaths” caused by covered countermeasures. But the women’s attorney, Ray Flores, said the program’s definition of “serious physical injury” is “arbitrary.”
42 USC § 247d – 6d is the applicable “law” for immunity from liability for harm caused by PREP Act countermeasures. Within the text, one finds “serious physical injury” defined. It is at the end of the entire website.
The term “serious physical injury” means an injury that—
- is life threatening;
- results in permanent impairment of a body function or permanent damage to a body structure; or
- necessitates medical or surgical intervention to preclude permanent impairment of a body function or permanent damage to a body structure.
McInish and Fible claim the CONvid-1984 modified mRNA gene therapy bioweapon shot caused multiple injuries that impaired their ability to work and function in their normal lives.
According to the lawsuit:
Plaintiff Angela McInish is a resident of Marietta, Georgia. She received two unlicensed Pfizer-BioNTech shots. She received her first shot on March 8, 2021 (lot #EN6205) and her second Pfizer-BioNTech COVID-19 shot on March 29th, 2021 (lot #EP7533). She and her husband decided to get vaccinated so that they could travel. She believed that she was doing the right thing. She was afraid of what was being said about COVID-19 disease and believed that these experimental vaccines were safe and effective, as proclaimed. Even though Angela was bedridden after her first dose (flu symptoms, fever, body aches, and chills), she went in for another injection 21 days later, as instructed. She had renewed, more significant symptoms for 24 hours after her second dose. A couple of weeks later, her ears were ringing, and she began to have heart palpitations, anxiousness, and nervousness. A month-and-a-half later, her hair started falling out. Her face, jaw, and scalp felt like they were on fire. Then, a couple of months later, she had severe insomnia for nearly six months. But this time, the aftermath involved more than just flu-like symptoms. Within the span of two-and-a-half years, she had over 105 doctor appointments to treat her substantial painful symptoms. Her life post-COVID-19 vaccines has been completely transformed. Blood work revealed that she now has an autoimmune disorder. Additionally, she has food allergies, causing her eyes and face to swell up, her hands and feet to grow numb, and she has extremely dry, tight skin. She can’t work and now suffers from anxiety and depression. Since the COVID-19 shots, she has been diagnosed with small fiber neuropathy, POTS, MCAS (allergies), and Epstein-Barr. She has difficulty breathing and experiences internal vibrations. Even though she knows that the Pfizer-BioNTech vaccines caused her injuries, none of her doctors will admit it.
Plaintiff Christina Fible works at a plant that once supplied ventilator parts to the Ford Motor Company. She received her first Moderna shot on April 6, 2021 (lot # 021B21A). She immediately began experiencing problems such as arm pain and bad headaches. She was told her word loss and clumsiness were not side effects of the vaccines. She received a second Moderna shot on May 12, 2021 (lot # 039B21A). Within 10 days she developed high blood pressure and tachycardia. She was prescribed a heart monitor. The doctors did not acknowledge that this had anything to do with the Moderna vaccines. Additionally, she had pain in her pelvis, tremors, numbness in her legs and couldn’t drive. For three months, she had frequent urination, and lost 17 pounds. She could not lie down and could not sleep. She had to sit upright for three months. Even though she reported her injury to VAERS, her doctors would not accept that the vaccines caused her injuries.
Children’s Health Defense CEO Mary Holland stated, “It is fundamentally unjust and unconstitutional under the U.S. Constitution for someone to suffer substantial injury and have absolutely no path to recovery or accountability. This simple lawsuit on behalf of two women makes it clear that U.S. courthouse doors may no longer remain closed to the vast majority of people injured by COVID shots.”
Kim Mack Rosenberg, Children’s Health Defense general counsel stated the lawsuit exposes a “flaw in the CICP that has largely gone unrecognized” – potentially millions of people have suffered tremendous harm that the government does not consider serious, leaving them without any remedy.
According to the lawsuit, the lack of an alternative remedy violates the plaintiffs’ Fifth Amendment rights to due process and their 14th Amendment equal protection rights.
“Plaintiffs did not, and could not apply” for compensation, the complaint states. “Justice to remedy their harms is completely out of reach.”
The lawsuit alleges that the CICP is “designed to exclude the vast majority of those injured” and subverts the “rights to bodily autonomy and to be free of physical harm from others.”
Flores said that, unlike prior cases challenging CICP, the new lawsuit is “narrowly pled to show that plaintiffs and the vast majority of the injured are left without any remedy whatsoever.”
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According to OpenVAERS, over 1.5 million people who received COVID-19 vaccines sustained injuries that weren’t life-threatening and were not life-ending. Under the CICP’s criteria, these people don’t qualify for compensation.
The sole exception to the PREP Act’s liability shield is willful misconduct — defined as intentional acts (or omissions) done with knowledge that harm is highly probable.
However, the PREP Act requires that willful misconduct claims first be adjudicated through CICP — even though CICP bars claims that fall below its “serious physical injury” threshold.
This creates a classic — and likely unconstitutional — catch-22 scenario for prospective claimants, according to the lawsuit.
The PREP Act liability shield extends through December 31, 2029, despite the former Department of Health and Human Services Secretary Xavier Becerra declaring the pandemic over in May 2023. Yet, he continued to extend the emergency, the pandemic, and the liability shield. At this point, Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr. has the ability to rescind this “emergency”, but he has failed to take action.
As of Dec. 1, CICP has compensated just 42 COVID-19 vaccine-related claims, out of 14,046 total claims filed, or less than 0.3%. A total of 87 claims were found “eligible for compensation,” while 6,186 claims have been denied, and 7,773 are “pending review or in review.”
CICP’s median payout for the COVID-19 vaccine injury claims it has compensated is $4,131.50, while the average payout amount is $155,147.61. However, the latter figure is skewed by two unusually large payouts. Without those payouts, the average compensation amount falls to $5,126.65.
“There has never been a successful challenge to CICP,” Flores said. “A ruling that CICP’s narrow application process is unconstitutional could open the door for many more” COVID-19 vaccine injury victims to submit claims to CICP.
These payout amounts, minus the two unusually large payouts, pile on insult after injury, no pun intended. Imagine getting a little over $5,000 as compensation for losing the ability to earn a living. Worse still is the exclusion of the majority of injured individuals because of the restrictive requirements to receive compensation – which was intentional. The government learned from the National Childhood Vaccine Injury Compensation (NCVIC) program. The money for compensation by the NCVIC is obtained through a 75-cent tax on childhood vaccines. The CONvid-1984 modified mRNA gene therapy bioweapon shot had no such “tax” attached.
It all boils down to constitutionality. Congress possesses zero constitutional authority to create the Department of Health and Human Services (HHS). Article I, Section 8 of the Constitution for the united States of America limits the authority of Congress to the duties listed. Therefore, Congress has zero constitutional authority to meddle in health or health care of the people; and, by extension, an unconstitutional agency created unconstitutionally by Congress possesses zero authority and neither does any individual working for that agency nor heading that agency. That would also include the Food and Drug Administration (FDA), the CDC, the National Institute of Health (NIH) or the National Institute of Allergy and Infectious Disease (NIAID). No committee under these agencies possesses any constitutional authority. Their pretend authority is null and void. Moreover, Congress possesses zero authority to shield any product from liability.
If that isn’t enough, Congress, through the unconstitutional PREP Act, removed any remedy for individuals who suffered harm from seeking justice in State courts. And, any compensation programs resulting from pretended legislation shielding manufacturers from any liability for harm are also unconstitutional. Congress has zero authority to remove any individual’s right to due process or remove their right to equal protection under the law.
Regardless of your stance on “vaccines” or immunization shots, it should anger everyone that manufacturers of these injectable products are immune from liability for harm caused by their products, thereby removing your right to seek remedy through the constitutional court system. It should also anger everyone that informed consent was removed surrounding the CONvid-1984 bioweapon shots since the package insert sent with the vials was “intentionally left blank”. All people, injured or not, should be hopping mad with the medical industrial whitecoat complex for failing to do their due diligence, instead opting to believe whatever the HHS, CDC, FDA, ad nauseum peddled to the public.
Those who performed due diligence were vilified by their own professional colleagues, medical associations, the State medical boards, and all levels of government. Some even lost their license to practice – just for advising caution or advising against receiving the bioweapon shot based on medical opinion formed from researching the available, mostly unavailable, information.
The CONvid-1984 planned scam-demic and bioweapon shot debacle will be felt for years to come. No one is able to determine the entire cost (lives lost, injuries, loss of income, etc.) of this travesty – we are going to have to live it. Hopefully and prayfully, this lawsuit will progress and open the door to others to seek remedy. If in the process, the pharmaceutical industry, the medical industrial whitecoat complex, and unconstitutional government agencies go up in smoke, so be it. The icing on the cake would be for all individuals who participated in this crime against humanity, be held accountable, and justice served.
Article posted with permission from Sons of Liberty Media