Q&A of the Day – Can Anyone Be Held Libel for COVID-19 Vaccine Side Effects?
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Today’s Entry: I was listening to your report on the vaccine side effects the other day and had a question. Let me start off by saying I never got vaxxed. Never wanted to, and always knew there were going to be issues going forward for those that did. With all the celebrity push for the vaccinations, could a celebrity be held liable if a fan listened, took the vaccine, and was injured? Let's use Howard Stern. Howard pushed the vax everyday, all day. He mocked those who had not gotten it, even saying if we were to get Covid we shouldn't be allowed in the hospitals and stay home and die. If a listener of Howard's gave in to that pressure and was vaxxed and then suffered health problems. Could Stern be liable?
Thank you so much! I listen and enjoy your show every day!
Bottom Line: While the biggest COVID-19 related news this week is the latest revelation from the Department of Energy, of all places, that COVID-19 likely leaked from a Chinese Lab to the surprise of absolutely no intellectually honest person, you’ve raised an interesting question about COVID-19 vaccine liability. Most people know that given the declared public health emergency and the sense of urgency with the original rollout of the vaccines the manufactures were granted liability immunity – with one caveat. Manufactures could be held libel for negative side effects if there was evidence of “willful misconduct” by the manufacturer. Basically, that would mean they would have had to have known of potentially negative consequences of administering the vaccines that they deliberately covered up. While some have wondered if that may have been the case, there’s no evidence of that having been the case with any of the COVID-19 vaccine manufactures accepted within the United States to date. Now, to address your point and question about those who’ve recommended the vaccine, and specifically someone like Stern who used his platform to attempt to pressure and dehumanize those who didn’t go along with it.
As I recently mentioned, and you referenced in what I called Florida’s COVID-19 Vaccine Bombshells, data from Florida’s Vaccine Adverse Event Reporting System has shown COVID-19 vaccines, during the first two years of use, have been 425% less safe than your average other vaccination of any kind in causing adverse medical reactions and a staggering 1,100% less safe than the average other vaccine in causing life threatening reactions in the Floridians who’ve received them. So, while adverse reactions to the vaccines are still relatively rare, they’ve obviously not been as safe as we’ve accustomed to when being immunized. So, does that mean that those who may have coerced could have recourse? The answer is no. Let's start with where mandates were imposed. In addition to the vaccine manufactures the Federal Government’s emergency declaration protected all of the following categories from liability, even when imposing mandates: Government agencies (at all levels), medical service providers, employers and schools (at all levels). While COVID-19 vaccine mandates were banned in Florida, this additional level of immunity is why, in part, you haven’t had have a slew of successful lawsuits by those who’ve been potentially harmed by them elsewhere where mandates have existed. But there’s also another reason which covers any other additional considerations. What one agreed to when immunized for COVID-19.
Everyone vaccinated for COVID-19 must sign an immunization consent form. The questionnaire includes fourteen personal health related questions along with a seven-paragraph consent form. As part of that consent, it reads (using the Florida Department of Health’s Consent Form as the example): I understand that it is not possible to predict all possible side effects or complications associated with receiving vaccine(s). I understand the risks and benefits associated with the above vaccine and have received, read and/or had explained to me the Emergency Use Authorization Fact Sheet on the COVID-19 vaccine I have elected to receive. I also acknowledge that I have had a chance to ask questions and that such questions were answered to my satisfaction. I hereby release and hold harmless the State of Florida, the Florida Department of Health (DOH), the Florida Division of Emergency Management (FDEM) and their staff, agents, successors, divisions, affiliates, subsidiaries, officers, directors, contractors and employees from any and all liabilities or claims whether known or unknown arising out of, in connection with, or in any way related to the administration of the vaccine listed above.
In other words, it hasn’t been possible to lawfully receive a COVID-19 vaccine without acknowledging unknown risks and holding everyone associated with it harmless. At that point there is no legal recourse – even if it were mandated by say an employer (in which legally where one works is also a choice)...save one instance. Medical malpractice. If it were evidenced that vaccines weren’t properly stored and handled, and it led to adverse health effects, there could potentially be medical liability same as typical medical malpractice cases. But that’s about the extent of it. As for Howard Stern. If he could be held libel for being a world-class tool bag. There’d be a case. But it’s very much a choice to subject yourself to his show. And even more of a choice to be heavily influenced by it. And that’s prior to signing your rights away to take the shot.