Texas AG Paxton Appeals to Revive Pfizer Covid Vaccine Lawsuit
Texas AG Ken Paxton appeals to revive lawsuit accusing Pfizer of Covid vaccine misrepresentation.
Why it matters: The appeal questions federal immunity under the PREP Act, influencing pandemic-related litigation and pharmaceutical accountability going forward.
- In Nov 2023, Texas AG Paxton sued Pfizer claiming the 95% vaccine efficacy was misleading.
- Dec 2024 dismissal cited PREP Act immunity protecting Pfizer.
- Jan 2025, Paxton filed a notice of appeal against dismissal.
- Sept 2026 Fifth Circuit held oral arguments on whether federal law preempts the claims.
In November 2023, Texas Attorney General Ken Paxton filed a lawsuit against Pfizer Inc., alleging the company misled the public regarding the efficacy of its COVID-19 vaccine, citing that the reported 95% effectiveness was based on a limited two-month clinical trial period. Paxton also accused Pfizer of conspiring to censor public discourse around the vaccine’s safety and effectiveness. Texas AG release
The case was dismissed in December 2024 by U.S. District Judge Sam Cummings, who ruled that Pfizer was protected by the Public Readiness and Emergency Preparedness (PREP) Act. This federal law grants immunity to manufacturers of covered medical countermeasures, including vaccines, during public health emergencies. AG Paxton continuation notice
Attorney General Paxton appealed the dismissal in January 2025, arguing that Pfizer knowingly misrepresented vaccine efficacy. The U.S. Chamber of Commerce submitted an amicus brief on June 23, 2025, supporting Pfizer's immunity, stating the PREP Act broadly blocks claims targeting marketing and promotion of covered products. Chamber brief
On September 1, 2026, the Fifth Circuit Court of Appeals heard oral arguments focusing on whether federal law preempts the state's claims. The outcome will clarify the scope of PREP Act immunity and shape strategies for future public health litigation relating to vaccine claims. Bloomberg Law report
Paxton accused Pfizer of knowingly pressuring Americans to get vaccinated without full disclosure of risks, while Pfizer argues it is shielded from liability by federal law during emergencies.
By the numbers:
- 95% — Pfizer's initial COVID-19 vaccine efficacy reported from a two-month clinical trial
- December 2024 — District court dismissal citing PREP Act immunity
- September 1, 2026 — Oral arguments held before the Fifth Circuit Court of Appeals
Yes, but: The PREP Act provides broad immunity to vaccine manufacturers, which may protect Pfizer despite the allegations, complicating the path for Texas's claims.
What's next: The Fifth Circuit Court of Appeals ruling is pending, and the decision could set precedent on federal preemption in vaccine-related lawsuits.