The Justice Department faces backlash for seeking to shut down a whistleblower lawsuit as new evidence emerges about vaccine safety concerns.
By yourNEWS Media Newsroom
The Department of Justice is under fire after attempting to block Pfizer whistleblower Brook Jackson from refiling her False Claims Act lawsuit, even as a leaked FDA memo acknowledged that “at least” 10 children died “after and because of” COVID-19 vaccinations, according to a report by Just the News.
At a hearing before the 5th U.S. Circuit Court of Appeals, DOJ attorney Nicole Smith urged the court to permanently dismiss Jackson’s case, ignoring the memo from FDA vaccine chief Vinay Prasad that has prompted the agency to tighten vaccine approval standards. The DOJ’s position drew sharp criticism from Jackson’s attorney, Warner Mendenhall, who accused the government of trying to shield corporate misconduct and silence whistleblowers.
“The government really sort of made our case for us,” Mendenhall said, arguing that DOJ has misused the “good cause” provision of the False Claims Act (FCA) to justify dismissing cases without explanation. He told the court that regulators “are in cahoots with fraudsters” and warned that failure to let the case proceed would send a message to future whistleblowers to “avoid reporting fraud when the government is complicit.”
Jackson, a former regional director for Pfizer’s vaccine contractor Ventavia, was fired six hours after she alerted the FDA in September 2020 about what she described as falsified data and protocol violations in the company’s Phase 3 clinical trials. She filed her FCA case in 2021, alleging that Pfizer obtained emergency use authorization and billions in taxpayer funds based on fraudulent data.
The Biden administration initially declined to dismiss the case, later siding with Pfizer by arguing the vaccine would have been approved even if Jackson’s claims about data falsification were true. Last year, the DOJ intervened to seek dismissal “with prejudice,” blocking any future refiling.
Mendenhall argued that the government’s rationale for dismissal—cost of litigation and policy alignment—does not meet the “good cause” standard required by law. He cited the 1986 amendments to the FCA, which empower private citizens, or “relators,” to act as a check on government collusion in fraud cases involving federal funds.
Jackson’s legal team said newly uncovered records—including vaccine injury data—support her allegations that Pfizer and its contractors concealed adverse events. Mendenhall noted that independent researchers reviewing Pfizer trial documents obtained through Freedom of Information Act requests found “more deaths in the vaccine arm” than in the placebo group.
Judges on the panel pressed DOJ lawyer Smith on whether “desire alone” constitutes good cause for dismissal. Chief Judge Jennifer Walker Elrod questioned why the government’s reasoning should be accepted without judicial review, remarking, “Why is it called ‘good cause’ if you don’t need any reason?”
Smith maintained that the government’s authority to dismiss whistleblower cases is “absolute,” while Judge Don Willett countered that the FCA’s intent was to ensure accountability, not grant unchecked discretion.
Meanwhile, Ventavia’s attorney, Andrew Guthrie, insisted Jackson’s firing had nothing to do with whistleblowing and was due to “issues” with her performance. Judge Elrod appeared skeptical, noting that the termination occurred the same day Jackson reported her concerns.
“The record shows no prior disciplinary action,” Mendenhall said in rebuttal. “Whistleblowers have a right to gather information. When they witness fraud that compromises public safety, the law is supposed to protect them—not punish them.”
If the 5th Circuit allows Jackson to refile her case, Mendenhall said it could proceed with “additional evidence confirming fraud and regulatory misconduct.” If not, he warned, “the message will be clear: when government complicity is involved, whistleblowers are on their own.”
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