Kansas sues Pfizer over COVID vaccine development and marketing
In a related case, the drugmaker has argued that the federal PREP Act shields it against all claims for loss.
Kansas is suing Pfizer over the vaccine the company developed to fight the virus that causes COVID-19.
Pfizer failed to provide adequate information about the vaccine development process and potential side effects of the vaccine, such as the risk that the vaccine could cause heart inflammation, and the company violated the Kansas Consumer Protection Act, according to a complaint filed Monday in a state court in Thomas County, Kansas.
Pfizer introduced the vaccine in early 2021.
Pfizer believes the suit has no merit, according to a company statement.
“The representations made by Pfizer about its COVID-19 vaccine have been accurate and science-based,” the company said.
Texas filed a similar suit in a state court in Texas in November 2023. That suit moved to the U.S. District Court for the Northern District of Texas in December 2023.
Pfizer created the vaccine as a “covered countermeasure,” in response to a federal emergency declaration, and that means the vaccine is protected by the federal Public Readiness & Emergency Preparedness Act, or PREP Act, according to a document filed in response to the Texas suit.
Related: 3 FAQs about COVID-19 vaccine and employment issues
“The text of the statute immunizes the makers of vaccines and other ‘covered countermeasure’ against ‘all claims for loss’” during a public health emergency, according to Pfizer.
The immunity applies to claims for loss relating to compliance with local and state requirements as well as federal laws and regulations, Pfizer said.
In a statement about the Kansas suit, Pfizer said it’s proud to have developed the COVID-19 vaccine in record time in the midst of a global pandemic and saved countless lives..
“The representations made by Pfizer about its COVID-19 vaccine have been accurate and science-based,” the company said. “The Company believes that the state’s case has no merit and will respond to the suit in due course.”
The Pfizer-BioNTech COVID-19 vaccine has been administered to 1.5 billion people since December 2020, has demonstrated a favorable safety profile in all age groups, and has helped protect against severe COVID-19 outcomes, including hospitalization and death, Pfizer said.
“Patient safety is our number one priority, which is why we follow diligent safety and monitoring protocols,” the company said.