Dewey, Cheat'em And Howe (liability for vaccine mandates, signs point to woke employer)

market-ticker.org ^ | 11/6/2021 | Karl Denninger

[ransomnote]

[H/T Blu]

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.

If you mandate, as a private employer, "vaccination" against Covid-19 any and all adverse events as a result of said jabs are now chargeable to you, as the Federal Government itself has deemed that "mandated" vaccinations are indeed injuries that occurred while performing the job in question, irrespective of where the jab took place, and that said adverse events, up to and including death do in fact occur.

Got that employers and HR Departments?  Said "adverse events" are expected.

Oh by the way your insurance firm has likely inserted a "pandemic exemption" into your liability coverage.  That's shown up in a whole lot of those policies over the last year or so, and it's odds-on that's the case for you as well.

Incidentally there is plenty of evidence that these jabs will be eventually found to be responsible for a whole host of serious problems, and those do not end within a couple of weeks of the jab itself.  Indeed, the evidence is mounting rapidly (see the all-cause "excess death" rates for various age groups, particularly cardiac and circulatory related, among young people now showing up in places like Scotland and England for examples) that there is a causal link between both strokes and heart attacks.

I remind you that the FDA and pharmaceutical industry claimed, not all that long ago, that no such link existed for Vioxx.  It was only after about 60,000 Americans had heart attacks and died, and several hundred thousand had non-fatal heart problems caused by it, that it was withdrawn from the market -- five years later.

Moderna and Pfizer may be immune from lawsuit but you are not, and further, the precedent by the Federal Government itself now exists based on their own public statement that if an employee gets screwed by the jab you demanded they take you're on the hook whether that injury is evident five minutes afterward or five years later.

If OAS or ADE shows up as is being indicated, but not yet proved by the data out of both Scotland and Britain then you're really in trouble as every single vaccinated person who gets Covid-19 and dies or is permanently harmed in your organization, and that will be a very sizeable percentage of the whole, is going to result in a huge lawsuit that you will lose.

Good luck *******s; you just got ****ed, your company is likely to be a smoking hole and it couldn't happen to a nicer bunch.

[VTenigma]

BFL

[goodnesswins]

Bookmarked

[Bonemaker]

[BipolarBob]

This would be an ideal time for law firms who specialize in drug company and/or workplace injuries to advertise
"IF your employer forced you to take this vaccine under FECA mandate, we will take your case against your employer at no cost to you."
Run this night and day 24 hours.

[twoputt]

I just forwarded this to my son who is caught in this mandate crap.

But we’re in IL and not sure if any attorneys would go after this. I guess it would depend if red state attorneys have licenses in IL, then maybe.

And I wonder if you could only sue where the employer is headquartered or also where they have branches?

Anyone have an idea?

[BenLurkin]

[spacejunkie2001]

I’m sure law firms will stealthily wait for the mandate to be implemented and a bunch of co’s jump in. THEN they go after this, essentially when it’s too late for either the employer or the employee.

[Kevmo]

The smarter law firms would be going after the business right now.

[rktman]

For more commnetary on this:

https://freerepublic.com/focus/f-news/4010310/posts

:-}

[Captain Walker]

Bookmark

[mewzilla]

They’re not worried.

We’re no longer a republic.

The law is whatever Deep State says it is.

Three guesses who Deep State will side with...

[goodnesswins]

Yea...just forwarded to my son who is Operations Manager for a good sized Construction company...they forced masks on outdoor construction workers in 2020...

[Navy Patriot]

Is it coincidence that employers that mandate the jab will be destroyed by liability and employers that do not mandate the jab will be destroyed by Marxist Government Politicians and Bureaucrats through fines and taxes, resulting in a perfect attack on Capitalism and the middle class, excluding only the ultra rich?

[ThunderSleeps]

If I end up having to participate in the experimental trial and something bad happens, I am leaving instructions for my family to sue the company for punitive damages at 2 billion dollars. I’m going to recommend they get the most ruthless, unprincipled shyster lawyer they can find, and make the case as ugly and public as possible.

[old curmudgeon]

There are two kinds of lawyers.

There are those who are quietly telling their clients not to mandate, avoid all statements on the subject.

Then there are those who are chuckling in glee with the idea that everyone is going to end up suing every one and they win whether the clients win or lose.

The second group is not going to say anything that will slow the mad rush to mandate. Mandates will make them very rich.

[Leaning Right]

Funny that you should mention those three lawyers. They work cheap, so I hired them to represent me during my divorce proceedings. Here I am leaving the courtroom. At least I got to keep the barrel.

[Bobalu]

[Bonemaker]

I don’t want to feel your pain!

[Chauncey Gardiner]

Raises good points, but any injury will have to be proven as caused by the vaccines.