Kayla Pollock, a 37-year-old mother from Ontario, is suing pharmaceutical giant Moderna for $45 million for being rendered a paraplegic after taking a COVID-19 mRNA booster shot.Despite pharmaceutical companies being granted immunity against damages when the experimental technology was first released, because Pollack is in Canada, there is a certain loophole to allow the vaccine injured patient to sue, explained Canadian lawyer and media personality David Freiheit (Viva Frei on social media). Pollack’s story has garnered international attention, especially after she was offered medically assisted euthanasia on two separate occasions through Prime Minister Justin Trudeau’s Medical Assistance in Dying (MAiD) program. .Pollack, who became completely paralyzed with transverse myelitis after her third Moderna jab, has received donations from people all around the world to help her get a service dog and wheelchair-accessible vehicle.Attorney Umar Sheikh filed the lawsuit seeking $45 million against Moderna on February 22, the Canadian Independent reported, detailing the claim to include physical, emotional, and psychological damages, loss of past and future income, future cost of care, pain and suffering, and both aggravated and punitive damages.Pollock’s medical records show the paralysis came on shortly after the Moderna booster shot. Further, her neurologist believes there is causation, as was shared in an audio recording. “Most likely it’s, and I’m going with my gut impression here, from the vaccine,” he said, adding he has seen the same thing happen to “many, many” people. Freiheit addressed the issue of vaccine injured people being able to sue pharma giants despite the immunity clause in a vlog posted to social media Thursday evening..“There are few and far between who are suing the pharma companies for damages resulting from injuries from the jab,” Freiheit said. “Dan Hartman, Sean Hartman's father, is also suing Pfizer also using the same law firm.” Sean Hartman was a 17-year-old Canadian boy coerced into getting the jab so he could play hockey, who was hospitalized after getting the Pfizer vaccine and died 33 days later. .“Sheik is a very good, determined lawyer, set on fighting the proverbial David versus Goliath,” said Freiheit.“It turns out that in Canada, we have a bit of a different issue than in the US,” he said. “In the States the government immunized pharma companies through the PREP Act (Public Readiness and Emergency Preparedness Act).”“Through a piece of legislation, the government decided to immunize pharma companies from any damages that might be claimed by people injured by their medical products," he continued. "It's not quite the same thing in Canada, and it was really only in a rereading an article from 2010 that I truly appreciated it in Canada, there was no legislative immunity given to the pharmaceutical companies."“It looks like it was more of an indemnity in the contracts negotiated with the pharma companies.".On December 14, 2020 an article from CTV said pharma companies would not be legally liable in Canada for rare side effects. “It's amazing how they knew the side effects will be rare before they even started administering,” commented Freiheit. .“The distinction between immunity and indemnification is subtle to some extent, but critical in that immunity is basically a bar to suing in the first place," he said. ""Indemnity clauses mean you can sue the party, but that party can call in warranty the person who has agreed to hold them harmless, or indemnify them, which means that basically Moderna and Pfizer can get sued in Canada, and if they have indemnity clauses in their supply agreements or contracts with the government, they can then call the government in warranty and say ‘whatever we are held liable to pay to the plaintiffs, you are liable to indemnify us for.’”
