LUBBOCK, Texas — A lawsuit against Pfizer filed by Texas Attorney General Ken Paxton in the 99th Judicial Court for Lubbock County was requested to be moved to the federal district court, according to court documents obtained by EverythingLubbock.com.
Federal court records showed Pfizer filed a notice of removal on Dec. 28, which stated the United States District Court for the Northern District of Texas should have jurisdiction.
EverythingLubbock.com’s Austin Bureau previously reported Paxton filed the lawsuit at the end of November, claiming Pfizer “intentionally misrepresented the efficacy of its COVID-19 vaccine” and violated the Deceptive Trade Practices Act. Paxton’s petition called the vaccines “the miracle that wasn’t” and alleged Pfizer gave Americans the impression its vaccine would “end the coronavirus.”
“However, the pandemic did not end; it got worse,” the Attorney General’s petition stated. Paxton’s office said the vaccine was not 95% effective and requested Pfizer be ordered to pay a total that exceeded $10 million.
The pharmaceutical company filed a response to Paxton’s lawsuit in the 99th Judicial District Court for Lubbock County on Dec. 20, court records showed. Pfizer immediately stated the court lacked jurisdiction.
Court documents stated, among other things, “Pfizer is not liable because Pfizer did not make any statement nor take any action that had the capacity or tendency to deceive consumers.”
Pfizer also said it did not misrepresent any product or goods. The response stated Pfizer is “immune” from the claims since it was acting under authorization from the federal government.
The response asked that all claims be dismissed, and that Pfizer recovers legal fees from the lawsuit.
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