It’s despicable of Duke. However, there are other hospitals in the USA that don’t care about the poison shot. I’m pretty sure Vanderbilt Hospital in TN is one.
Also, it might not be well known, but before the first dose was given, President Trump signed into law a bill giving complete and absolute immunity from liability for any negligent or reckless damages resulting from the vaccines, for all makers and providers. All liability rests on the recipients:
“Courts have characterized PREP Act immunity as “sweeping.” It applies to all types of legal claims under state and federal law. For example, under state tort law, individuals who suffer injuries caused by the intentional or negligent acts or omissions of another person may generally sue that person to recover monetary compensation. Thus, in the health care context, if a health care provider negligently administers a drug or device that causes a foreseeable injury to a patient, the injured person may be able to sue the provider for compensation under state tort law.
Federal laws such as the PREP Act may preempt state tort laws—as well as other state and federal laws— in certain contexts. Preemptive federal legislation displaces state law to alter the usual liability rules or immunize certain individuals from liability. In the PREP Act, Congress made the judgment that, in the context of a public health emergency, immunizing certain persons and entities from liability was necessary to ensure that potentially life-saving countermeasures will be efficiently developed, deployed, and administered.
...
If within the scope of the declaration, the PREP Act immunizes a covered person from legal liability for all claims for loss relating to the administration or use of a covered countermeasure. The requirements for PREP Act immunity thus break down into four elements: (1) the individual or entity must be a “covered person”; (2) the legal claim must be for a “loss”; (3) the loss must have a “causal relationship” with the administration or use of a covered countermeasure; and (4) the medical product that caused the loss must be a “covered countermeasure.”
First, the PREP Act defines a covered person to include (i) the United States; (ii) manufacturers and distributors of covered countermeasures; (iii) “program planners”; and (iv) “qualified persons” who prescribe, administer, or dispense covered countermeasures. Program planners include Indian Tribes, state governments, and local governments who supervise programs that dispense, distribute, or administer covered countermeasures, or provide policy guidance, facilities, and scientific advice on the administration or use of such countermeasures. Qualified persons include licensed health professionals and other individuals authorized to prescribe, administer, or dispense covered countermeasures under state law, as well as other categories of persons identified by the Secretary in a PREP Act declaration. Employees and agents of all these persons and entities are also covered persons.
Second, PREP Act immunity reaches “all claims for loss” under federal and state law. Loss is broadly defined to mean “any type of loss,” including (i) death; (ii) physical, mental, or emotional injury, illness, disability, or condition; (iii) fear of such injury, including medical monitoring costs; and (iv) loss of or damage to property, including business interruption loss. This language seemingly includes, at a minimum, most state law tort, medical malpractice, and wrongful death claims arising from the administration of covered countermeasures.
Third, the loss must have a causal relationship to the administration and use of a covered countermeasure. As with the other elements, the PREP Act’s causation language sweeps relatively broadly. PREP Act immunity applies to any claim for loss that has “a causal relationship with the design, development, clinical testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing,promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing, or use” of a covered countermeasure.
Fourth, the medical product at issue must be a covered countermeasure. The PREP Act specifies four types of covered countermeasures: (i) a qualified “pandemic or epidemic product”; (ii) a “security countermeasure”; (iii) a drug, biological product, or device that the U.S. Food and Drug Administration (FDA) has authorized for emergency use; and (iv) a “respiratory protective device” that is approved by the National Institute for Occupational Safety and Health (NIOSH).
A pandemic or epidemic product includes any drug, biological product, or device developed “to diagnose, mitigate, prevent, treat, or cure a pandemic or epidemic” or used “to limit the harm such pandemic or epidemic might otherwise cause.” In addition, drugs, biological products, or devices used to treat the side effects of a pandemic or epidemic product, or to enhance their effects, may themselves be covered countermeasures. In either case, to be a covered countermeasure, the pandemic or epidemic product must be approved, licensed, or authorized for emergency use by FDA.
The emergency use category of covered countermeasures includes drugs, biological products, and devices that FDA has authorized for use outside its ordinary regulatory processes via an Emergency Use Authorization (EUA). FDA has made wide use of its emergency authorities in response to the COVID-19 pandemic, issuing EUAs for certain in vitro diagnostic products (i.e., tests for COVID-19), antibody tests, personal protective equipment (e.g., respirators and face shields), ventilators, therapeutic drugs, and vaccines.” https://crsreports.congress.gov/product/pdf/LSB/LSB10443
It’s despicable of Duke. However, there are other hospitals in the USA that don’t care about the poison shot. I’m pretty sure Vanderbilt Hospital in TN is one.
Also, it might not be well known, but before the first dose was given, President Trump signed into law a bill giving complete and absolute immunity from liability for any negligent or reckless damages resulting from the vaccines, for all makers and providers. All liability rests on the recipients:
“Courts have characterized PREP Act immunity as “sweeping.” It applies to all types of legal claims under state and federal law. For example, under state tort law, individuals who suffer injuries caused by the intentional or negligent acts or omissions of another person may generally sue that person to recover monetary compensation. Thus, in the health care context, if a health care provider negligently administers a drug or device that causes a foreseeable injury to a patient, the injured person may be able to sue the provider for compensation under state tort law.
Federal laws such as the PREP Act may preempt state tort laws—as well as other state and federal laws— in certain contexts. Preemptive federal legislation displaces state law to alter the usual liability rules or immunize certain individuals from liability. In the PREP Act, Congress made the judgment that, in the context of a public health emergency, immunizing certain persons and entities from liability was necessary to ensure that potentially life-saving countermeasures will be efficiently developed, deployed, and administered.
...
If within the scope of the declaration, the PREP Act immunizes a covered person from legal liability for all claims for loss relating to the administration or use of a covered countermeasure. The requirements for PREP Act immunity thus break down into four elements: (1) the individual or entity must be a “covered person”; (2) the legal claim must be for a “loss”; (3) the loss must have a “causal relationship” with the administration or use of a covered countermeasure; and (4) the medical product that caused the loss must be a “covered countermeasure.”
First, the PREP Act defines a covered person to include (i) the United States; (ii) manufacturers and distributors of covered countermeasures; (iii) “program planners”; and (iv) “qualified persons” who prescribe, administer, or dispense covered countermeasures. Program planners include Indian Tribes, state governments, and local governments who supervise programs that dispense, distribute, or administer covered countermeasures, or provide policy guidance, facilities, and scientific advice on the administration or use of such countermeasures. Qualified persons include licensed health professionals and other individuals authorized to prescribe, administer, or dispense covered countermeasures under state law, as well as other categories of persons identified by the Secretary in a PREP Act declaration. Employees and agents of all these persons and entities are also covered persons.
Second, PREP Act immunity reaches “all claims for loss” under federal and state law. Loss is broadly defined to mean “any type of loss,” including (i) death; (ii) physical, mental, or emotional injury, illness, disability, or condition; (iii) fear of such injury, including medical monitoring costs; and (iv) loss of or damage to property, including business interruption loss. This language seemingly includes, at a minimum, most state law tort, medical malpractice, and wrongful death claims arising from the administration of covered countermeasures.
Third, the loss must have a causal relationship to the administration and use of a covered countermeasure. As with the other elements, the PREP Act’s causation language sweeps relatively broadly. PREP Act immunity applies to any claim for loss that has “a causal relationship with the design, development, clinical testing or investigation, manufacture, labeling, distribution, formulation, packaging, marketing,promotion, sale, purchase, donation, dispensing, prescribing, administration, licensing, or use” of a covered countermeasure.
Fourth, the medical product at issue must be a covered countermeasure. The PREP Act specifies four types of covered countermeasures: (i) a qualified “pandemic or epidemic product”; (ii) a “security countermeasure”; (iii) a drug, biological product, or device that the U.S. Food and Drug Administration (FDA) has authorized for emergency use; and (iv) a “respiratory protective device” that is approved by the National Institute for Occupational Safety and Health (NIOSH).
A pandemic or epidemic product includes any drug, biological product, or device developed “to diagnose, mitigate, prevent, treat, or cure a pandemic or epidemic” or used “to limit the harm such pandemic or epidemic might otherwise cause.” In addition, drugs, biological products, or devices used to treat the side effects of a pandemic or epidemic product, or to enhance their effects, may themselves be covered countermeasures. In either case, to be a covered countermeasure, the pandemic or epidemic product must be approved, licensed, or authorized for emergency use by FDA.
The emergency use category of covered countermeasures includes drugs, biological products, and devices that FDA has authorized for use outside its ordinary regulatory processes via an Emergency Use Authorization (EUA). FDA has made wide use of its emergency authorities in response to the COVID-19 pandemic, issuing EUAs for certain in vitro diagnostic products (i.e., tests for COVID-19), antibody tests, personal protective equipment (e.g., respirators and face shields), ventilators, therapeutic drugs, and vaccines.” https://crsreports.congress.gov/product/pdf/LSB/LSB10443