Pfizer is tripping over its arguments

These lawsuits are revelatory.

Warner Mendenhall, Esq.

Oct 22, 2024

Pfizer is contradicting itself between the Brook Jackson case and the Kansas case.

1.     Contract Conditions:

·        In Kansas case: Pfizer claims the contract had multiple “specific terms for Pfizer’s performance” and various contractual conditions.

·        In Jackson case: Pfizer claimed the contract had only “a single condition of payment: Pfizer’s delivery of an FDA authorized or approved vaccine for COVID-19.”

2.     Statement of Work Requirements:

·        In Kansas case: Pfizer argues there were many contractual obligations in the Statement of Work.

·        In Jackson case: Pfizer specifically rejected the “allegation that the [Statement of Work] somehow tied payment to Pfizer’s compliance with every particular of the clinical protocol or related FDA regulations” as “mistaken and refuted by the [Statement of Work] itself.”

3.     Clinical Trials:

·        In Kansas case: Pfizer suggests clinical trials were part of contractual requirements.

·        In Jackson case: Pfizer stated that the Statement of Work “states explicitly that Pfizer’s ‘clinical trials’ are ‘out-of-scope,’ ‘not related’ to the agreement, and that the relevant studies were undertaken at Pfizer’s expense ‘without the use of Government funding.’”

4.     Contract Clarity:

·        In Kansas case: Pfizer argues for complex contractual obligations.

·        In Jackson case: Pfizer claimed “the agreement is crystal clear” that delivery was the only contract condition.

Kansas could raise the doctrine of judicial estoppel meaning a party cannot just change a position to gain advantage when you asserted a different position in a prior case.  The test is simple:

  • Clear contradiction in positions.
  • To gain tactical advantages in different courts.
  • Holding Pfizer accountable for its position would protect judicial integrity.

The documents are good reading:

Pfizer notice of removal

Kansas motion to remand

Pfizer opposition

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