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Closing Argument: Brook Jackson v. Pfizer

by plaintiff attorney Robert Barnes from pleading in court docket, reproduced here with Barnes’s permission

Pfizer’s fraudulent scheme uncovered by Brook Jackson included: first, presenting a false claim to the government for payment of a product Pfizer never delivered nor ever intended to deliver; second, Pfizer’s express certifications to the government the product was delivered according to the contractual terms when it wasn’t; third, Pfizer’s implied certification to the government the product was delivered according to the rules of clinical trials when it wasn’t; and fourth, Pfizer’s fraud in the inducement by Pfizer promising to deliver a product they never intended to deliver and knew they couldn’t. Pfizer lied and people died. 

Fraudulent Presentment: Pfizer’s invoices sought payment for delivering a safe, effective, vaccine for the prevention of Covid19. Pfizer never delivered the ordered product. Pfizer never delivered a safe drug. Pfizer never delivered an effective drug for the prevention of Covid-19. Pfizer never even delivered a vaccine. Pfizer expressly guaranteed each of these in their invoice by stating the product was in conformity with the contract because the contract itself compelled this language in the invoice as a precondition of payment. Pfizer knew they didn’t. Additionally, the contract incorporated the EUA requirements into the contract – there had to be no effective alternative treatments before payment could issue. Pfizer lied by claiming no alternative effective treatments existed for Covid19, but hid information from the government concerning it. Worse, what Pfizer delivered was a historically dangerous, ineffective, gene therapy that didn’t prevent Covid19 at all, but would cause the deaths and disabilities of millions, and they knew it. Billions of taxpayer money lost, millions of disabilities and hundreds of thousands of American deaths, and this is the consequence of Pfizer’s fraud. Pfizer lied and people died. 

Fraud by Express False Certification: Pfizer certified their product complied with all the regulatory requirements explicitly included in the contract, when they used the contractually required language that required a contractually compliant product in the certification in the invoice. Pfizer’s contract required they comply with all clinical testing safeguards and safety metrics required to assure their product was the required deliverable: a safe, effective, vaccine for the prevention of Covid19. Pfizer didn’t comply with any of the clinical trial safeguards and safety metrics because they knew compliance would expose their produce as a historically dangerous, ineffective, gene therapy that didn’t prevent Covid19 at all, but would cause the deaths and disabilities of millions, and they knew it. Billions of taxpayer money lost, millions of disabilities and hundreds of thousands of American deaths, and this is the consequence of Pfizer’s fraud. Pfizer lied and people died. 

Fraud by Implied False Certification: Pfizer implicitly certified their product complied with all the regulatory requirements included in the contract, when they used the contractually required language that required a contractually compliant product in the certification in the invoice. Pfizer’s contract required they comply with all clinical testing safeguards and safety metrics required to assure their product was the required deliverable: a safe, effective, vaccine for the prevention of Covid19. Pfizer didn’t comply with any of the clinical trial safeguards and safety metrics because they knew compliance would expose their produce as a historically dangerous, ineffective, gene therapy that didn’t prevent Covid19 at all, but would cause the deaths and disabilities of millions, and they knew it. Billions of taxpayer money lost, millions of disabilities and hundreds of thousands of American deaths, and this is the consequence of Pfizer’s fraud. Pfizer lied and people died. 

Fraud in the Inducement: Pfizer induced the contract in the first instance by promising a particular deliverable: a safe, effective, vaccine, for the prevention of covid19, produced at both extraordinary speed and exceptional scale. At the time Pfizer made that promise, it never intended to, and knew it could not, deliver. The means of measurement of the safety, efficacy, immunization capacity and preventative capability of their product were clinical trials conducted in accord with the FDA rules. Pfizer induced the contract by fraud in the inducement, knowing it could not deliver a safe product, an effective product, a vaccine, or a drug for the prevention of Covid19 at speed and scale. Pfizer knew accurate clinical testing data would reveal those lies. Pfizer knew accurate clinical testing data would reveal a dangerous, ineffective product that was not a vaccine and didn’t prevent Covid19. Pfizer knew accurate clinical trial data would show its product caused death, disability and disease, not prevented it. Brook Jackson uncovered this when she uncovered the clinical fraud. Pfizer didn’t comply with any of the clinical trial safeguards and safety metrics because they knew compliance would expose their produce as a historically dangerous, ineffective, gene therapy that didn’t prevent Covid19 at all, but would cause the deaths and disabilities of millions, and they knew it. Billions of taxpayer money lost, millions of disabilities and hundreds of thousands of American deaths, and this is the consequence of Pfizer’s fraud. Pfizer lied and people died. 

False Records & False Claim: As part of the fraud, Pfizer falsified records, fabricated data, perjured statements and submitted fraudulent certifications. Pfizer did so to hide their fraud in inducing the contract in the first instance, to mask their fraudulent invoices, and to deceive the government about their fraudulent certifications to the government about what they were delivering to the government and how the product came to be developed contrary to contractual compliance, regulatory requirement, and ethical stricture, as well as the very essence of the bargain. Billions of taxpayer money lost, millions of disabilities and hundreds of thousands of American deaths, and this is the consequence of Pfizer’s fraud. Pfizer lied and people died. 

Materiality: Pfizer fooled both the Defense Department and the Food and Drug Administration. Neither the Defense Department nor the FDA knew Pfizer lied. Though later aware of allegations of fraud, both the DOD and FDA believed Pfizer’s lies, and did not believe the fraud allegations against Pfizer. Pfizer lied when they claimed they could produce a safe, effective, vaccine for the prevention of Covid19 at speed and scale. Pfizer lied when they said they would comply with the clinical trial standards necessary to assess and predict efficacy, safety and immunization capacity. Pfizer lied in their invoices, their certifications, their statements, their records, their data, and their public reports. Pfizer even lied by claiming no alternative effective treatments existed. Pfizer continued to lie to this day, including hiding adverse events reporting occurring to this very day. Indeed, Pfizer, to this day, often delivers a different chemical compound than the one ordered, altering or adulterating their delivered product. These lies mattered because the FDA and DOD bought the lies – hook, line and sinker. And they still do. That doesn’t make them any less a lie, nor any less material to the outcome of the matter. Does anyone sincerely think an objectively reasonable agency would buy a dangerous, ineffective, gene therapy that disables millions, kills hundreds of thousands, costs billions of dollars, and doesn’t even prevent Covid19?

Essence of the Bargain: Pfizer induced the contract itself by promising to deliver a clinically-test, data-documented, medically-proven, ethically-compliant, safe, effective, vaccine, for the prevention of Covid19, at speed and scale, without any other alternative available for either treatment or prevention of Covid19. Pfizer knew they couldn’t do that. Indeed, Pfizer knew there were effective alternatives available that precluded Pfizer from ever obtaining authorization for their product. So Pfizer lied. A lot. Pfizer, were it Pinocchio, would have a nose that travels across galaxies by now. Instead, Pfizer delivered a dangerous, ineffective, gene therapy that didn’t prevent anything, when Pfizer knew there were effective alternatives available. Pfizer’s product caused more harm than good. Pfizer lied to induce the contract, then lied to induce EUA, and then lied to induce payment. Brook Jackson witnessed this fraud, reported it to her superiors, expressed concern to her employer that this was fraud on the government, and when she blew the whistle to the government, she was quickly fired because her employer knew the scale of the fraud on the government she was exposing and wished to silence her instead. Pfizer’s counsel even tried to call her on her personal phone number at her private home the day she blew the whistle to the FDA. The effect of Pfizer’s action is the worst fraud on the government in public health history, and the biggest public health debacle of American history. Pfizer, which falsely advertised the product as a safe, effective, vaccine for the prevention of Covid19 and secretly paid other organizations to lobby for their product to be mandated upon the public as a condition of employment, caused the deaths and disabilities of millions of Americans, while defrauding the American people of billions of dollars. Pfizer lied and people died. Are the courts as dead as a Pfizer vaccine victim?

Conclusion: Pfizer promised a safe, effective, vaccine for the prevention of Covid19. Pfizer promised they could prove it with strict compliance to the rigorous rules and restrictions of the FDA clinical trial safeguards. Pfizer promised honest data from clinically-compliant testing. Pfizer lied. Pfizer lied from the inception, and kept lying to cover up the first lies to keep the checks flowing. Pfizer lied, people died, and Pfizer got billions for it. That is what Brook Jackson uncovered. That is what she told her employer she uncovered: fraud upon the government for billions of dollars. Pfizer lied. People died. Does Pfizer get to get rich off it?