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The vaccine supply contract between Brazil and Pfizer has been made public, in which is believed to be the first such time in history between a state and a pharmaceutical company.
Reportedly, the price paid for some 100m jabs, at US$10 each, was 2.3 times lower than the rate the EU is estimated to have paid, and it comes after tough negotiating by the government of Jair Bolsonaro amid a row with Pfizer over its “abusive” demands to be shielded from lawsuits, including in the event of adverse vaccine effects.
The federal government/ministry of health informs that it did receive the letter from the CEO of Pfizer, as well as meeting several times with its representatives. However, despite all the media power promoted by the laboratory, the initial doses offered to Brazil would be another achievement in marketing, branding and growth for the vaccine producer, as is already happening in other countries. As for Brazil, it would cause frustration in all Brazilians, as we would have, with few doses, to choose, in a continental country with more than 212m inhabitants, who would be elected to receive the vaccine.
However, not only the frustration that the company Pfizer would cause to Brazilians, the unfair and abusive clauses that were established by the laboratory create a barrier to negotiation and purchase. As an example, we quote five excerpts from the pre-contract clauses, which have already been widely publicized by the press:
In no event shall Pfizer be liable to purchaser for any direct damages except to the extent such direct damages were a result of a material breach of a representation or warranty by Pfizer under this Agreement that directly and solely caused the damage. In no instance shall Pfizer and its affiliates be liable to purchaser (whether arising in warranty, tort (including, without limitation, negligence), contract, strict liability or otherwise) for any liabilities of purchaser to any third party, including, without limitation, through contribution, indemnity, or for any claim for which purchaser would have to indemnify Pfizer if that claim were brought directly against Pfizer.
This is to our knowledge the first time a full contract between a state and a pharmaceutical company has been published. Leaked by Brazilian state itself, as a result of a mistake and in violation of the confidentiality rules established witihin the contract, it was censored in Brazilian media after its initial publication and is now fully republished.
Aside from the renouncement of Brazil to its “sovereignty” – a classic arbitration clause – the most interesting element of this contract is perhaps the price at which 100m doses were purchased by Brazil in March 2021.
More than five billion anti-Covid jabs have been delivered globally, an AFP tally of official sources shows. While it took around 140 days to administer the 1bn shots, the third, fourth and fifth billions each took between 26 and 30 days, the data show.
Nearly 40% (1.96 billion) of the 5bn shots have been administered in China. India (589m) and the US (363m) make up the trio of countries that have given the most jabs.
Read the original article at The Guardian