For nearly 40 years, our government has protected the profits of corrupt pharmaceutical companies over the lives of American citizens. Our constitutional right to demand justice has been erased in favor of corporate interests.

Pfizer, Moderna, Johnson & Johnson, and others have made over $500 billion in the past five years alone - much of it from taxpayer-funded contracts and public health mandates.

But did you know they bear absolutely no risk, no liability?

We as citizens have absolutely no means to hold these companies accountable. Our government has stripped us of our right to legal recourse against companies that have, time and time again, been proven to be morally corrupt and liable in a court of law.

But their actions do not have consequences in America. They are protected - they cannot be held accountable. And when their products cause harm, we the citizens are forced to pay - with our taxes, our health, or our lives. While they have made hundreds of billions in profit, we have paid out billions in claims for the harms they have caused.

It began with the 1986 National Childhood Vaccine Injury Act, which removed liability from vaccine manufacturers for harms caused by childhood vaccines.

If your child is injured or killed, you cannot sue the company. You must go through a government-run system, funded by taxpayers, that has paid out billions - while denying most claims. And even then, no company is held accountable.

It expanded with the PREP Act of 2005, giving full immunity to drugmakers, government officials, and corporations during a declared “public health emergency.” That emergency was declared in 2020 and remained in place for over three years. During that time, emergency-authorized products were mandated, promoted, and defended - yet no one was liable for the harm.

If you were injured, you were abandoned. If you lost a loved one, you had no legal right to justice.

Even outside emergencies, courts have ruled that FDA approval can override your state-level right to sue, through a doctrine called federal preemption.
This means that even if a product is dangerous or fraudulently marketed, you cannot bring your case before a jury. You cannot demand justice or accountability.

This isn't about being “anti-vaccine” or “conspiracy theories” or “science denial” - it’s a fundamental betrayal of the Constitution and equal justice under law.

No industry should be above the law. No citizen should be beneath it.

We are demanding the immediate repeal of the PREP Act, a full repeal or revision of the 1986 Vaccine Injury Act, and the end of all legal doctrines that shield corporations from liability at the expense of the American people.

Justice is not negotiable. Emergencies do not erase rights. And immunity for the powerful must never come at the cost of protection for the people.

Our political views and ideologies may differ - but if there’s one thing every one of us should agree on, it’s that our lives and our rights are more important than the profits of the pharmaceutical industry. Together we can restore our liberty, bodily autonomy, and our right to hold power accountable.

The past few years have shown us the consequences of greed, control, and power when left unaccountable to citizens. Let’s ensure we do not let it happen again.

PETITION TO ABOLISH PHARMACEUTICAL IMMUNITY, REPEAL THE PREP ACT, AND RESTORE CONSTITUTIONAL ACCOUNTABILITY

To: The United States Congress
Cc: The President of the United States
Subject: Repeal of Legal Immunity for Pharmaceutical Corporations, Overhaul of Federal Liability Shields, and Restoration of Citizens’ Rights

We, the citizens of the United States of America, hereby petition our federal government to immediately:

  1. Repeal the Public Readiness and Emergency Preparedness (PREP) Act of 2005
  2. Repeal or revise the National Childhood Vaccine Injury Act (NCVIA) of 1986
  3. Terminate the legal doctrines of federal preemption and product liability immunity granted to pharmaceutical companies
  4. Restore every American’s constitutional right to seek redress through a jury trial
  5. Hold accountable all corporate and government actors whose policies or products have resulted in harm, fraud, or suppression of evidence

1. The right to seek redress and hold wrongdoers accountable is one of the most basic tenets of American law, enshrined in:

  • The Seventh Amendment, which guarantees the right to a jury trial in civil cases.
  • The Fifth and Fourteenth Amendments, which guarantee due process of law before rights or property may be taken.
  • Article VI, Clause 2 (The Supremacy Clause), which establishes the Constitution as superior to all federal laws, executive declarations, and corporate contracts.
  • The Declaration of Independence, which asserts that governments derive legitimacy only from the consent of the governed, and exist to secure the rights to Life, Liberty, and the pursuit of Happiness.

Any law that removes legal recourse from the people — while protecting corporations — is unconstitutional on its face.

SECTION II: THE SYSTEM OF IMMUNITY THAT HAS STRIPPED AMERICANS OF THEIR RIGHTS

1. National Childhood Vaccine Injury Act (1986)

  • Removes liability from vaccine manufacturers for harm caused by childhood immunizations.
  • Forbids lawsuits against pharmaceutical companies, regardless of injury or death.
  • Creates the Vaccine Injury Compensation Program (VICP) — a government tribunal with no jury, no transparency, and no accountability.
  • Funded by taxpayer dollars, not corporate penalties.
  • As of 2024:
    • Over 24,000 petitions filed
    • Only ~8,700 compensated
    • Over $4.9 billion paid out
    • More than 60% of claims denied

2. The PREP Act (2005)

  • Grants blanket liability protection to pharmaceutical companies, government agencies, healthcare providers, and corporations during a declared public health emergency.
  • During the COVID-19 emergency (2020–2023), Americans had zero ability to seek compensation for harm caused by experimental or fast-tracked products.
  • All injuries and deaths fell under a secretive, near-useless system: the Countermeasures Injury Compensation Program (CICP).
    • As of 2024:
      • Over 12,000 COVID-related claims submitted
      • Only 47 claims compensated
      • Less than $30 million paid total, compared to hundreds of billions in profit for manufacturers
      • Over 99% of Americans harmed were denied justice

3. Federal Preemption

  • After Bruesewitz v. Wyeth (2011), the Supreme Court upheld vaccine manufacturer immunity, even in cases of design defects.
  • FDA approval now shields drugmakers from liability, even if fraud, negligence, or concealment is later proven.
  • Americans are barred from suing manufacturers in state courts, rendering state-level protections null.

SECTION III: THE CONSEQUENCES IN NUMBERS

  • Pfizer, Moderna, Johnson & Johnson and others have earned over $500 billion in combined revenue from COVID-19 vaccines and treatments since 2020.
  • Pfizer alone earned over $100 billion in 2021–2022.
  • These profits were largely funded by taxpayer dollars through government contracts and coercive public health mandates.

Meanwhile:

  • Pharmaceutical companies spent over $6.4 billion on lobbying from 1998–2023 (OpenSecrets).
  • They spend an estimated $8 billion annually on direct-to-consumer advertising — the highest per-capita in the world.
  • Nearly 70% of all national news media advertising revenue comes from pharmaceutical sponsors.

And yet:

  • According to the CDC's own VAERS system:
    • Over 1.6 million adverse event reports have been submitted since the COVID vaccine rollout began.
    • Over 35,000 reports of death, and 200,000+ serious injuries
    • Extrapolated, this could mean:
      • 160+ million actual adverse events
      • Over 3.5 million serious injuries
      • Potentially 300,000+ preventable deaths

But per the Harvard Pilgrim HHS study (2010):

"Fewer than 1% of vaccine adverse events are ever reported to VAERS."

In total, the unseen medical, financial, and human cost of shielding the pharmaceutical industry from accountability may exceed $1 trillion.

SECTION IV: WHAT WE DEMAND

We, the citizens of this Republic, demand the following legislative actions:

  1. Full and immediate repeal of the PREP Act (42 U.S.C. § 247d-6d) and an end to all emergency-based immunity for private entities.
  2. Repeal or substantial reform of the National Childhood Vaccine Injury Act of 1986, restoring full access to jury trials and civil liability for harm.
  3. Abolition of federal preemption as applied to pharmaceuticals, restoring state-level court access and jury adjudication for fraud, injury, or death.
  4. Amendment of the Federal Food, Drug, and Cosmetic Act to prevent FDA approval from being used as a liability shield in civil litigation.
  5. Creation of an independent commission (with citizen oversight and subpoena power) to investigate:
    • Misconduct by HHS, CDC, FDA, and NIH officials
    • Suppression of safety signals
    • Unjustified mandates, coercive contracts, and censorship coordinated with private actors
  6. Legal accountability: retroactive and future civil/criminal consequences for executives and agencies that knowingly concealed risks, falsified data, or abused emergency powers.

SECTION V: WE REASSERT OUR RIGHTS

This is not about science vs. conspiracy. This is not about pro- or anti-vaccine. This is about the Constitution of the United States, and the inalienable rights of its citizens.

We remind Congress:

  • Justice is not negotiable
  • Emergencies do not erase rights
  • Immunity for the powerful must never come at the cost of protection for the people

No industry is above the law. No citizen is beneath it.

SIGN BELOW to demand the restoration of liberty, bodily autonomy, legal accountability, and constitutional governance.
We do not consent to be governed by corporate immunity. We do not accept injustice by design. We reclaim our right to redress, to justice, and to be heard.

We, the free and sovereign citizens of America, demand the restoration of our rights and their recognition in the rule of law.

AMICUS CURIAE BRIEF – FOR THE REPEAL OF THE PREP ACT AND REVISION OF THE NCVIA

To be filed in support of plaintiffs seeking to restore citizen rights to civil remedy and constitutional protection in cases of pharmaceutical injury.

INTEREST OF AMICUS CURIAE

Amicus represents the collective voice of American citizens who are directly and adversely affected by statutes that immunize pharmaceutical companies from liability. This brief is submitted to uphold the rights guaranteed under the Constitution, to preserve access to the courts, and to challenge the legality and legitimacy of blanket liability shields.

SUMMARY OF ARGUMENT

The PREP Act (2005) and the NCVIA (1986) effectively nullify the ability of American citizens to pursue civil justice against pharmaceutical manufacturers, violating fundamental constitutional protections under:

  • The Seventh Amendment: guaranteeing trial by jury in civil cases;
  • The Fifth and Fourteenth Amendments: ensuring due process and equal protection;
  • Article III: vesting judicial power in the courts, not in administrative panels;
  • The Supremacy Clause: invalidating statutes that conflict with the Constitution.

Further, these acts undermine public trust by privileging corporate immunity over individual injury, and by creating a dual legal system where private entities are shielded while citizens bear all risk.

ARGUMENT

I. The PREP Act and NCVIA Violate Core Constitutional Principles

Both laws remove traditional avenues of judicial recourse and insulate corporations from tort accountability. This is repugnant to:

  • Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), which confirms that laws repugnant to the Constitution are void;
  • Gideon v. Wainwright, 372 U.S. 335 (1963), affirming the right of every citizen to a fair legal process;
  • Wyeth v. Levine, 555 U.S. 555 (2009), which confirms that FDA approval does not bar state-level tort claims, unless explicitly overridden by Congress—which must itself remain constitutional.

II. The System Has Created a Rigged Game

  • Pharma lobbying expenditures since 1998 exceed $5.5 billion, more than any other industry.
  • Since 1986, over $5 billion in public funds have been paid out via the Vaccine Injury Compensation Program (VICP), yet most claims are denied and no manufacturer is held legally liable.
  • The PREP Act created a separate, nearly impenetrable "Countermeasures Injury Compensation Program" with <5% of claims compensated.
  • VAERS (Vaccine Adverse Event Reporting System) has received over 1.5 million reports. According to the Lazarus Report (Harvard Pilgrim Health, 2010), fewer than 1% of adverse events are reported—meaning potential injuries number in the tens of millions.

III. Pharmaceutical Immunity Is Not a Public Health Necessity—It’s a Legal Fiction

  • Immunity was sold to the public as necessary to keep vaccines available. Yet Pfizer, Moderna, and Johnson & Johnson collectively made over $500 billion in COVID-related revenues.
  • These profits were government-guaranteed, while liabilities were offloaded onto taxpayers. This is state-sponsored corporate welfare with no checks, no jury, and no remedy for the injured.

CONCLUSION

The Constitution does not permit absolute immunity for any private entity, especially when it results in harm without remedy. Public health must never come at the cost of public justice.

This Court, and the Legislature, must act to restore the rule of law.

Respectfully submitted,

Amicus Curiae

DRAFT REVISION – NATIONAL CHILDHOOD VACCINE INJURY ACT (NCVIA) OF 1986

Section 1. TITLE.
This Act shall be cited as the “Child Health and Vaccine Accountability Act.”

Section 2. AMENDMENTS.
The NCVIA is hereby amended to include:

  1. Restoration of Civil Liability:
    • Vaccine manufacturers shall not be immune from civil liability for any vaccine listed under the childhood immunization schedule.
    • Injured parties shall have the right to pursue claims in state or federal courts under established tort law.
  2. Reform of VICP:
    • The Vaccine Injury Compensation Program shall remain available as an expedited, non-exclusive alternative to litigation.
    • Claimants who are denied or unsatisfied may still file civil suits regardless of VICP determination.
  3. Informed Consent Provision:
    • No vaccine shall be administered under state or federal policy unless the recipient or legal guardian is provided full, uncoerced, and transparent informed consent.
  4. Sunset Clause on Liability Shield:
    • All federal statutes granting product liability immunity to pharmaceutical companies, including under emergency declarations, shall sunset two years from the passage of this Act unless renewed by two-thirds of both chambers of Congress.
  5. Public Accountability Measures:
    • All corporate entities receiving immunity must disclose lobbying expenditures, marketing expenditures, and safety trial data in a publicly searchable database.

Section 3. SEVERABILITY.
If any provision of this Act is found unconstitutional, all remaining provisions shall remain in effect.

Section 4. EFFECTIVE DATE.
This Act shall take effect six months after enactment.