This is a fake claim:
This is what Pfizer’s lawyer said:
Defendant Pfizer Inc. (“Pfizer”) respectfully moves, pursuant to Federal Rule of Civil
Procedure 12(b)(6), to dismiss Counts I and II of the operative complaint in the above captioned
matter, which Plaintiff-Relator Brook Jackson (“Relator”) filed on behalf of the United States
under 31 U.S.C. § 3730(b), the qui tam provision of the False Claims Act (“FCA”). The Court
should dismiss the complaint as to Pfizer because: (1) the complaint does not plead a false or
fraudulent claim; (2) its allegations were not material to the Government; and (3) Relator may not
pursue the claims against Pfizer without the Government first pursuing them in an administrative
Home » Brook Jackson False Claims lawsuit against Ventavia COVID-19 vaccine clinical trial
Brook Jackson False Claims lawsuit against Ventavia COVID-19 vaccine clinical trial
- by Dorit Rubinstein Reiss
Claims by the attorney for Brook Jackson
At some point during the case, Ms. Jackson replaced her initial lawyers from the law firm of Berg and Androphy with attorney Robert Barnes. In a video shared on Rumble by anti-vaccine activist Steve Kirsch, Mr. Barnes claimed that Pfizer’s motion to dismiss their grounds for dismissal is:
…that it doesn’t matter if they submitted fraudulent certifications to the government, it doesn’t matter if they submitted false statements under penalty of perjury to the government. It doesn’t matter if they lied about the safety and efficacy of these drugs mislabeled in my opinion as vaccines. Because the government was in with them on it. The government knows what’s going on and the government still has given them the check anyway. Was it really fraud if the government is their co-conspirator? That is in essence Pfizer’s defense to the case.
A few things about this. First, by trying to claim Pfizer’s vaccine is not a vaccine, Mr. Barnes puts himself strongly in the anti-vaccine camp. Second, this is a serious misrepresentation of Pfizer’s position.
Here is Pfizer’s motion to dismiss. Note that in no place does Pfizer say it committed fraud. In fact, Pfizer says it did not. First, as a technical point, Pfizer points out that their invoices to the Department of Defense did not include – and were not required to include – a certification of compliance with the regulations. Pfizer says: “Pfizer’s invoices do not contain certifications of compliance with FAR or any other federal regulations. Pfizer instead certified, in a more limited way, that “the amounts invoiced [were] for costs incurred in accordance with the agreement, the work reflected ha[d] been performed, and prior payment ha[d] not been received.” This certification is a truthful one, and it has nothing to do with the regulatory provisions cited in Relator’s complaint”. The “relator” is the term used for a citizen bringing a false claims act on the government’s behalf.
Second, Pfizer points out that “[t]he Government has also clearly rejected Relator’s allegations by issuing a recent public statement expressing “full confidence” in the data supporting authorization and approval of Pfizer’s product.” In other words, far from accepting that Ms. Jackson shows fraud, Pfizer is saying that FDA agrees that Ms. Jackson did not. FDA does not have to accept Ms. Jackson’s claims of problems. And even if they accepted her claims, they do not have to go from regulatory violations to saying that they were frauds. Here, they did not. FDA’s response suggests not that they’re conspiring with Pfizer, but that they do not think that there was a fraud.
Third, Mr. Barnes’ claims are also misleading on the law. The core of the False Claims Act is that the citizen is bringing a claim on behalf of the government to recoup money the government was defrauded of. In fact, 70% of any recouping would go to the government and only 30% to the citizen. If the government claims “we were not misled”, there is no such fraud. The government is not a co-conspirator in that case; the payment claim was simply not a fraud.
In essence, Mr. Barnes is misrepresenting Pfizer’s response that “we did not mislead the government, among other things because the government knows of Ms. Jackson’s claims and does not think it paid on a fraud” as saying something very different. Mr. Barnes, as a lawyer suing under the act, should know this.
Case 1:21-cv-00008-MJT Document 37 Filed 04/22/22 Page 1 of 37 PageID #: 1381
What Pfizer’s lawyer said: