The Vaccine Liability Issue Hinges on Whether the Vaccine is a Covered Countermeasure

Only companies and individuals dealing with "Covered Countermeasures" have their liability waived.  Below is the definition of a covered countermeasure. For a drug or vaccine to be a covered countermeasure, it has to be designated as an Emergency Use Authorized product.  Licensed products, being used for their licensed indication, are not permitted to be authorized for emergency use, since they have a license to be used for that purpose.

This is the conundrum that Pfizer, FDA, DOD and the rest of the agencies that overplayed their hand, including my Governor, Janet Mills, find themselves in.  If it is an EUA, there is no liability, BUT it is experimental, so cannot be mandated.  If it is licensed for the same purpose, it cannot be an EUA.  While it is no longer experimental, it will have attendant liability until (in a matter of weeks) it is moved into the National Childhood Vaccine Injury Program.

Here is the info on who gets their liability waived.  And below is a description of the products.

covered countermeasure

(1) Covered countermeasure The term “covered countermeasure” means— (A) a qualified pandemic or epidemic product (as defined in paragraph (7)); (B) a security countermeasure (as defined in section 247d–6b(c)(1)(B) of this title ); (C) a drug (as such term is defined in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(g)(1) ), biological product (as such term is defined by section 262(i) of this title ), or device (as such term is defined by section 201(h) of the Federal Food, Drug and Cosmetic Act ( 21 U.S.C. 321(h) ) that is authorized for emergency use in accordance with section 564, 564A, or 564B of the Federal Food, Drug, and Cosmetic Act [ 21 U.S.C. 360bbb–3 , 360bbb–3a, 360bbb–3b]; or (D) a respiratory protective device that is approved by the National Institute for Occupational Safety and Health under part 84 of title 42, Code of Federal Regulations (or any successor regulations), and that the Secretary determines to be a priority for use during a public health emergency declared under section 247d of this title.