Rogge Dunn was recently quoted in a CNBC article regarding the possibility of compensation lawsuits arising from Covid vaccine side effects.
Why are Successful Compensation Lawsuits Unlikely?
The PREP Act provides liability protection to companies like Pfizer and Moderna, both of which are credited with developing Covid vaccines. Furthermore, employers that require vaccinations as a condition of employment are also immune to compensation lawsuits if people claim serious side effects.
Dallas employment lawyer Rogge Dunn gave insight on the topic during an interview with CNBC. “It is very rare for a blanket immunity law to be passed,” said Dunn. “Pharmaceutical companies typically aren’t offered much liability protection under the law.”
In the article, Dunn said he thinks this unprecedented protection stems from the urgency placed on pharmaceutical companies to develop a vaccine. Summarized, Dunn said, the government likely agreed to protect manufacturers from lawsuits. In return, the manufacturers would expedite the development of a vaccine.
In addition to protection from compensation lawsuits, Dunn said the legal immunity also serves another important purpose. It lowers the cost of the immunizations. “The government doesn’t want people suing the companies making the Covid vaccine. Because then, manufacturers would probably charge the government a higher price per person per dose,” Dunn explained.
Employers can legally require vaccinations for their employees. Moreover, if a compensation claim arises from serious side effects, it would most likely be treated as a work-related injury. In the CNBC article, Dunn said that the claim would be difficult to prove. Furthermore, Dunn said that “there are significant limits or caps on the damages an employee can recover.”
To read the full article on the CNBC website, click here.