Government Kills Pfizer COVID Vaccine Whistleblower Suit
From Swear on the Stand · 00:58:00
Show by Daniel W. Swear
The Fifth Circuit Court of Appeals affirmed a lower court's decision allowing the United States government to intervene in and dismiss a False Claims Act (FCA) whistleblower lawsuit filed by Brook Jackson against Ventavia Research Group and others regarding COVID-19 vaccine trial integrity. The appellate court held that the government satisfied the statutory good-cause requirement to intervene after initially declining during the seal period, and that the dismissal was properly governed by Rule 41 standards after providing Jackson with adequate notice and a hearing. Additionally, the court upheld the dismissal of Jackson's separate FCA retaliation claim because she failed to plausibly allege that she engaged in protected activity concerning government fraud or that her employer knew of such activity. In a concurring opinion, Judge Willett raised significant constitutional concerns under Article II regarding whether allowing private relators to prosecute claims in the government's name without executive control conflicts with the Appointments, Vesting, and Take Care Clauses, prompting a call for the full court to eventually revisit its binding precedent.
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