“Exempting Pfizer from any civil liability for serious side effects resulting from the use of the vaccine, indefinitely “

The Federal Government / Ministry of Health reports that it did receive the letter from the CEO of Pfizer, as well as meeting several times with its representatives. However, despite all the media power promoted by the laboratory, the initial doses offered to Brazil would be another marketing, branding and growth achievement for the vaccine producer, as has been happening in other countries. For Brazil, on the other hand, it would cause frustration in all Brazilians, since we would have, with few doses, to choose, in a continental country with more than 212 million inhabitants, who would be the ones chosen to receive the vaccine.

However, not only the frustration that the company Pfizer would cause to the Brazilians, the leonine and abusive clauses that were established by the laboratory create a barrier of negotiation and purchase. As an example, we cite five excerpts from the pre-contract clauses, which have already been widely publicized by the press:

1) That Brazil renounces the sovereignty of its assets abroad in favor of Pfizer as payment guarantee, as well as constitutes a guarantee fund with amounts deposited in an account abroad;

2) The departure from Brazilian jurisdiction and laws with the institution of an arbitration agreement under the laws of New York, in the United States;

3) That the first and second batches of vaccines be 500 thousand doses and the third one million, totaling 2 million in the first quarter, with the possibility of delayed delivery (a number considered insufficient by Brazil);

4) if there is a delay in delivery, there is no penalty; and

5) That a term of responsibility for any possible side effects of the vaccine be signed, exempting Pfizer from any civil liability for serious side effects resulting from the use of the vaccine, indefinitely.

After the Federal Government acquired all the initial production of the Butantan vaccine (from Sinovac) – 46 million doses -, with an option to purchase an additional 54 million, having received 2 million doses from Astrazeneca / Oxford from India, with an option to import of more doses, in addition to the production of this vaccine by Fiocruz of 100.4 million doses in the first semester and another 110 million doses in the second semester, also considering the possibility of acquiring 42.5 million doses through the Covax Facility mechanism, Pfizer representatives try to deconstruct an immunization work that is already happening across the country. Creating embarrassing situations for the Brazilian Government, which will not accept market impositions – which will also not be accepted by Brazilians.

In no time, the Federal Government, through the Ministry of Health, closed its doors to Pfizer. In all dealings, we expect a different positioning of the laboratory, which includes a viable and satisfactory delivery, taking into account the strategies of the National Plan for the Operationalization of Vaccination against Covid-19, an action of market values ​​and fair legal application that serves both parties .

In addition to Pfizer, with which the Brazilian Government continues to negotiate, other laboratories are already at an advanced stage of negotiations with Brazil, within the established principles and standards.

It is worth mentioning the fact that, in addition to the aspects already mentioned, it is the only vaccine that needs to be stored and transported between -70 ° C and -80 ° C, with an interval of three weeks between the first and second doses.

In addition, the laboratory does not provide the diluent for each dose – which would be borne by the buyer.

Although the laboratory created a solution for the conservation of doses during transport (a styrofoam box lined with non-impermeable cardboard, which was presented to us at the end of November, on that occasion with the conservation information for 15 days) and offered to make the logistics from the arrival of the USA to the point designated by the Ministry of Health, together with CONASS and CONASEMS, Pfizer would not be responsible for the replacement of the dry ice refill – which must be replaced every five days (they informed that the conservation would be 30 days in the month of December). In the contacts of August, September and October, the alternative of the thermal box had not yet been presented to us.

In addition, Pfizer has not yet submitted the draft of its contract – as requested in previous opportunities and, in particular at the meeting held on the morning of January 19 – nor does it have a protocol forecast date for the authorization request for emergency use or even registration with the National Health Surveillance Agency (Anvisa).

(Source : Note issued by Ministry of Health Brazil Government on 23 January 2021)