Dewey, Cheat’em And Howe, by Karl Denninger

It’s not a legal layup at all that companies who mandate vaccines will not be subject to lawsuits from employees who sustain injuries from those vaccines. From Karl Denninger at market-ticker.org:

Oh, you’re a woke-poke employer eh?

You think hiding behind OSHA — or the threat to issue a mandate by the government — in some way prevents you from being liable for injuries and/or deaths related to the vaccines?

Uh, how would you like to defend that position in court given all of the following are true:

  • The PREP act has no provision giving you legal immunity and cannot be amended by executive order as it is law, so you would need both houses of Congress to pass such a thing — and they have not.
  • The producing firms and health care providers are immune from damages under that same PREP Act.  Therefore under the general principle of joint and several liability guess who gets all of it: You do.

  • You could have tried to claim that the Federal Government refused liability (and got away with it) for direct employees, or even that “there’s no such thing as vaccine injury from these jabs” and claimed that the Federal Government itself said this is so….. except, oops, that just went up in a puff of smoke.

The Federal Employees’ Compensation Act (FECA) covers injuries that occur in the performance of duty. The FECA does not generally authorize provision of preventive measures such as vaccines and inoculations, and in general, preventive treatment is a responsibility of the employing agency under the provisions of 5 U.S.C. 7901. However, care can be authorized by OWCP for complications of preventive measures which are provided or sponsored by the agency, such as adverse reaction to prophylactic immunization. See PM 3-0400.7(a).

Further, deleterious effects of medical services furnished by the employing establishment are generally considered to fall within the performance of duty. These services include preventive programs relating to health. See PM 2-0804.19.

However, this executive order now makes COVID-19 vaccination a requirement of most Federal employment. As such, employees impacted by this mandate who receive required COVID-19 vaccinations on or after the date of the executive order may be afforded coverage under the FECA for any adverse reactions to the vaccine itself, and for any injuries sustained while obtaining the vaccination.

Oops.

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