Pfizer, J&J Pressured South Africa Into Shielding Companies From COVID Vaccine Injury Claims: Documents

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Pfizer and Johnson & Johnson pressured South Africa into implementing provisions that shielded the companies from claims over COVID-19 vaccine injuries, newly disclosed documents show.

Pfizer made the implementation of indemnification and a compensation fund part of its COVID-19 vaccine contract with South Africa, according to documents obtained by the Health Justice Initiative.

One document states that South Africa was agreeing to โ€œindemnify, defend, and hold harmlessโ€ Pfizer and its partner BioNTech, as well as their representatives, โ€œfrom and against any and all suits, claims, actions, demands, losses, damages, liabilities, settlements, penalties, fines, costs and expensesโ€ arising from claims resulting from the vaccine, including injuries.

The only exceptions were for a breach of confidentiality or fraud.

The component was โ€œa non-negotiableโ€ part of the agreement between the parties, the Health Justice Initiative said in an analysis of the documents.

Johnson & Johnson, meanwhile, also secured indemnification and the introduction of the compensation scheme in its contract with South Africa.

In a Feb. 23, 2021, letter, South Africaโ€™s ministers of health and finance said that Johnson & Johnson requested the no-fault compensation scheme โ€œto address adverse events that are suffered as a result of the administration of the vaccine.โ€

โ€œIt has been noted in discussions with J & J, and acknowledged by J & J, that a no-fault compensation scheme for vaccine related adverse events does not exist in South Africa, and that the available legislative mechanisms for establishing a scheme would require some time to undertake, even if the most expeditious processes available are pursued,โ€ they wrote.

In an exhibit attached to Johnson & Johnsonโ€™s contract, officials said that the scheme would compensate people who prove a causal link between the vaccination they received and their injury, as decided by a panel of experts. Among outcomes ripe for compensation were death, injury, and disability. The level of compensation, officials said, โ€œshould be sufficient to provide long-term relief to victims.โ€

Officials later promulgated (pdf) regulations on April 22, 2021, establishing the scheme.

The scheme would โ€œprovide expeditious and easy access to compensation for persons who suffer harm, loss or damage as a result of vaccine injury,โ€ the regulations stated.

By Zachary Stieber

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