Why can’t you sue pharmaceutical companies for injuries and side effects caused by the COVID-19 vaccine?
你為何不能對施打冠狀病毒疫苗造成之傷害及副作用而對藥廠提告？
That’s because the federal government has granted pharmaceutical companies like Moderna and Pfizer civil immunity from liability. Drug companies typically do not enjoy that much liability protection. However, since the COVID-19 vaccine received emergency approval from the U.S. Food and Drug Administration, drug companies like Moderna and Pfizer are immune from liability.
係因美國聯邦政府對默德納及輝瑞等藥廠授與民事免責。t you sue pharmaceutical companies for injuries and side effects caused by the COVID-19 vaccine?
你為何不能對施打冠狀病毒疫苗造成之傷害及副作用而對藥廠提告？
That’s because the federal government has granted pharmaceutical companies like Moderna and Pfizer civil immunity from liability. Drug companies typically do not enjoy that much liability protection. However, since the COVID-19 vaccine received emergency approval from the U.S. Food and Drug Administration, drug companies like Moderna and Pfizer are immune from liability.
係因美國聯邦政府對默德納及輝瑞等藥廠授與民事免責。典型地藥廠那麼多之免責保護。然而，自從新冠狀病毒疫苗獲得美國食品藥物署之緊急核准，像默德納及輝瑞等藥廠即免責。
Moreover, Americans may not even be able to sue the FDA or the U.S. government for authorizing the COVID-19 vaccine for emergency use if they experience severe side effects or bad reactions.
再者，美國人甚至亦不能對美國食品藥物署或美國政府就授權新冠狀病毒疫苗緊急利用，而受有嚴重副作用或不良反應乙事起訴。
In early 2020, the federal government enacted the Public Readiness and Emergency Preparedness Act (PREP Act) that provided immunity to companies from civil actions related to the manufacturing, testing, and development of the COVID-19 vaccine. The legal protection lasts until 2024. It does not, however, provide immunity to drug companies if their actions constitute “willful misconduct.”
在2020年年初，美國聯邦政府制定了PREP法，該法明確規定藥廠就新冠狀病毒之製造，測試和研發等行為可免除民事責任，一直持續至2024年；但有例外，如藥商有故意不當行為則不在此限。
It means that the pharmaceutical companies that were granted civil immunity cannot be sued for financial losses and damages suffered by people who take the COVID-19 vaccine and experience any side effects unless there is evidence of willful misconduct on the part of the manufacturer.
上開民事免責之內涵為，施打新冠狀病毒疫苗而受有副作用者，就其所受損害及所失利益等，不能對藥廠提起民事訴訟，除非能舉證證明藥廠製藥上有故意不當行為。
Also, you cannot even file a lawsuit against the U.S. government if you experience any side effects after the COVID-19 vaccination because of sovereign immunity.
就施打新冠狀疫苗而受有副作用者，亦不能對美國政府提起民事訴訟，理由為習慣法上之“政府民事免責”。
The sovereign immunity refers to the fact that the government cannot be sued without its consent.
政府免責係未經政府同意，政府不能被訴而負擔民事責任。
Sovereign immunity was derived from British common law doctrine based on the idea that the King could do no wrong. In the United States, sovereign immunity typically applies to the federal government and state government, but not to municipalities. Federal and state governments, however, have the ability to waive their sovereign immunity. The federal government did this when it passed the Federal Tort Claims Act, which waived federal immunity for numerous types of torts claims.
政府豁免或政府免責源自於英國習慣法上之原則（理論或主義或教條），其立基於國王不會犯錯之想法。在美國，政府免責適用於州及聯邦政府，但不及於都會區市級政府。然而，州及聯邦政府可捨棄政府免責。聯邦政府通過其所制定之聯邦侵權索賠法，使得聯邦政府在許多侵權索賠類型可捨棄免責。
