To sum up today's @Europarl_EN hearing w/@Pfizer on #COVID19 vaccines:
1) member states are furious by the lack of transparency & #SMSgate
2) @AlbertBourla miscalculated that this was something he could skip.
3) The committee is ready to recommend consequences
Summary in 🧵1/
1) member states are furious by the lack of transparency & #SMSgate
2) @AlbertBourla miscalculated that this was something he could skip.
3) The committee is ready to recommend consequences
Summary in 🧵1/
I don't usually do full 🧵 detailing hearings (apologies in advance), but what happened yesterday was pretty extraordinary and I think will be important in setting the course for ongoing future pandemic planning.
You can watch the full hearing here: multimedia.europarl.europa.eu/en/webstreamin… 2/
You can watch the full hearing here: multimedia.europarl.europa.eu/en/webstreamin… 2/
***First: Where is @AlbertBourla?***
.@SincicMEP sums up the general mood in the room:
"I must say that it is a disgrace that @AlbertBourla is not with us today and an even greater disgrace that he doesn't have any real intention of showing up."
3/
.@SincicMEP sums up the general mood in the room:
"I must say that it is a disgrace that @AlbertBourla is not with us today and an even greater disgrace that he doesn't have any real intention of showing up."
3/
This sentiment was expressed by many:
@v_joron: "It’s v important to have the facts. Why is Bourla not here? He hasn’t got 10 minutes to give the committee? That doesn’t give us a great deal of confidence. He prefers SMS & tweets? You don't want to talk abt prices. " 4/
@v_joron: "It’s v important to have the facts. Why is Bourla not here? He hasn’t got 10 minutes to give the committee? That doesn’t give us a great deal of confidence. He prefers SMS & tweets? You don't want to talk abt prices. " 4/
.@AndersonAfDMdEP: "The fact Bourla had the audacity to refuse to appear in front of this committee constitutes a gross disregard for the ppl whose tax money he took. If we cannot compel a crucial player to appear in front of this committee, then this committee is useless." 5/
A number of MEPs connect the ongoing scandal and inquire if that is why Bourla didn't show.
(Context: politico.eu/article/pfizer…)
@sara_saracerdas: "The CEO shd have been present. He was confirmed until a few weeks ago. Does the absence have to do with the @EUauditors report?" 6/
(Context: politico.eu/article/pfizer…)
@sara_saracerdas: "The CEO shd have been present. He was confirmed until a few weeks ago. Does the absence have to do with the @EUauditors report?" 6/
.@Rob_Roos: "I’d also like to know where Mr Bourla is...the @EUombudsman and @EUauditors have spoken on the consequences of the [SMSgate] scandal, and these are very damning...
So I really think that Mr Bourla would need to be present." 7/
So I really think that Mr Bourla would need to be present." 7/
Notably, @pfizer has only given "he must decline for secret reasons" to explain why @AlbertBourla suddenly backed out.
Pfizer identified Janine Smalls "as best placed to support the committee in meeting their objectives."
Here's her answer re why. 8/
politico.eu/article/pfizer…
Pfizer identified Janine Smalls "as best placed to support the committee in meeting their objectives."
Here's her answer re why. 8/
politico.eu/article/pfizer…
Wow! @MicheleRivasi proposes real consequences for the failure to account:
"I think we ought to invite him once again to get an explanation… otherwise, we can do what we did w/Monsanto & not give [@pfizer] access to @Europarl_EN anymore."
Context: theguardian.com/environment/20… 9/
"I think we ought to invite him once again to get an explanation… otherwise, we can do what we did w/Monsanto & not give [@pfizer] access to @Europarl_EN anymore."
Context: theguardian.com/environment/20… 9/
***So, what were the committee's questions other than where is @AlbertBourla?***
Broadly five domains:
1) qs abt #SMSgate and contract transparency
2) demands for price transparency
3) specific clinical trials qs
4) intellectual property
5) access + equity
10/
Broadly five domains:
1) qs abt #SMSgate and contract transparency
2) demands for price transparency
3) specific clinical trials qs
4) intellectual property
5) access + equity
10/
***1) SMSgate and concerns abt contract transparency.***
In case you missed it, tldr: @pfizer contract negotiations occurred outside normal processes (eg SMS) & @EU_Commission refuses to provide docs.
You can read more here:
politico.eu/article/eu-sto…
politico.eu/article/ursula… 11/
In case you missed it, tldr: @pfizer contract negotiations occurred outside normal processes (eg SMS) & @EU_Commission refuses to provide docs.
You can read more here:
politico.eu/article/eu-sto…
politico.eu/article/ursula… 11/
MEPs want to know:
-if + how many messages were sent b/w @vonderleyen & @AlbertBourla
-@Pfizer's general position on parallel negotiations outside of normal processes
-Why these comms aren't in the public record
-When can we see contracts that haven't been redacted to death 12/
-if + how many messages were sent b/w @vonderleyen & @AlbertBourla
-@Pfizer's general position on parallel negotiations outside of normal processes
-Why these comms aren't in the public record
-When can we see contracts that haven't been redacted to death 12/
.@ladyonorato: In the EU there are certain standards for transparency...through official channels... there must be documents that can be released & consulted by all citizens and the EU Parliament.
We see that [@pfizer] do not want to reveal the content of these comms. 13/
We see that [@pfizer] do not want to reveal the content of these comms. 13/
.@VTrillet_Lenoir:
"Expertise cannot justify a lack of transparency...
Just to remind us all, clear procedures do exist & joint procurement is the responsibility of a team of negotiations that are appointed so they cannot be subject to bilateral negotiations by SMS." 14/
"Expertise cannot justify a lack of transparency...
Just to remind us all, clear procedures do exist & joint procurement is the responsibility of a team of negotiations that are appointed so they cannot be subject to bilateral negotiations by SMS." 14/
.@Pfizer's responses are in bad faith & risky given known #SMSgate receipts.
Note the careful wording:
Small doesn't say contracts *weren't* negotiated by SMS as a matter of fact, but that they *couldn't have been* bc her personal experience is that it wouldn't be feasible. 15/
Note the careful wording:
Small doesn't say contracts *weren't* negotiated by SMS as a matter of fact, but that they *couldn't have been* bc her personal experience is that it wouldn't be feasible. 15/
This is absurd bc the q is not "did Pfizer negotiate 100% of the contract by SMS w/@vonderleyen," but rather was there a departure from negotiating procedure (yes) & why were requests for these records refused.
@BotengaM tries to cut thru the evasion w/point by point qs. 16/
@BotengaM tries to cut thru the evasion w/point by point qs. 16/
More evasion from @pfizer:
"It’s important to stress..the process for awarding the contract was following a very robust process from both @Pfizer’s side & the @EU_Commission side."
"Robust" is not a legal standard, or not one that the @EUombudsman & @EUauditors wd recognize. 17/
"It’s important to stress..the process for awarding the contract was following a very robust process from both @Pfizer’s side & the @EU_Commission side."
"Robust" is not a legal standard, or not one that the @EUombudsman & @EUauditors wd recognize. 17/
Let's move on to transparency concerns abt the contracts themselves.
The contracts remain a secret, but here's an explainer from @Public_Citizen that gives you an idea of why MEPs believe the contracts must be made available for public scrutiny.
citizen.org/article/pfizer… 18/
The contracts remain a secret, but here's an explainer from @Public_Citizen that gives you an idea of why MEPs believe the contracts must be made available for public scrutiny.
citizen.org/article/pfizer… 18/
On contract transparency, Pfizer uses a classic PR tactic of giving an illogical explanation w/such conviction that you start to doubt yourself that 1+1 does continue to = 2.
@pfizer is forcing countries to negotiate blind bc it's in everyone's best interest (they promise!) 19/
@pfizer is forcing countries to negotiate blind bc it's in everyone's best interest (they promise!) 19/
More up is down:
"We have from the beginning engaged in an unprecedented level of transparency throughout the process."
I actually give this only 5/10 Pinocchios bc the pre-COVID bar on transparency was so abysmal, it doesn't take much to clear it to declare 'unprecedented' 20/
"We have from the beginning engaged in an unprecedented level of transparency throughout the process."
I actually give this only 5/10 Pinocchios bc the pre-COVID bar on transparency was so abysmal, it doesn't take much to clear it to declare 'unprecedented' 20/
.@CristianTerhes notes the obvious hole in the logic of an "ongoing discussions" excuse.
"I’m not asking abt ongoing discussions. I’m asking for my colleagues, European citizens, journalists, media, ppl in this room who are asking for the contracts that are *already* signed."/21
"I’m not asking abt ongoing discussions. I’m asking for my colleagues, European citizens, journalists, media, ppl in this room who are asking for the contracts that are *already* signed."/21
***2) demands for price transparency.***
@MetzTilly is writing my dissertation intro chapter for me:
"When public money is spent there is accountability attached… Can you offer clarity on the prices of the vaccine?
What % goes to R&D, production, delivery, and profit?"
22/
@MetzTilly is writing my dissertation intro chapter for me:
"When public money is spent there is accountability attached… Can you offer clarity on the prices of the vaccine?
What % goes to R&D, production, delivery, and profit?"
22/
.@sara_saracerdas:
"Transparency is key when using public money… @EUauditors report [found that the] biggest contract ...was concluded outside of normal negotiating procedure.
I wd like to also understand why the price per dose increase from 15.5 €/dose to 19.5 €." 23/
"Transparency is key when using public money… @EUauditors report [found that the] biggest contract ...was concluded outside of normal negotiating procedure.
I wd like to also understand why the price per dose increase from 15.5 €/dose to 19.5 €." 23/
Pfizer's strategy seems to be run down the ⏰.
We get lengthy descriptions of Small's cv, the precise # of product components, details on a program no one asked abt, & 💐of filler words.
@kvanbrempt: You didn’t answer the pricing q
@pfizer: I’m sorry time goes so quickly /24
We get lengthy descriptions of Small's cv, the precise # of product components, details on a program no one asked abt, & 💐of filler words.
@kvanbrempt: You didn’t answer the pricing q
@pfizer: I’m sorry time goes so quickly /24
2 mistakes in executing the run down the clock strategy:
1) Small has a tell: nervous pen clicking when things get tense
2) The 1st rule of avoiding qs abt prices is *don't acknowledge* your evasion. Usually the move here is to gaslight the audience that you already have.
25/
1) Small has a tell: nervous pen clicking when things get tense
2) The 1st rule of avoiding qs abt prices is *don't acknowledge* your evasion. Usually the move here is to gaslight the audience that you already have.
25/
V. important exchange re: future EU directions:
@pfizer: You’re going to be v. frustrated w/my answer, but.. I'm not able to have a conversation w/you [abt pricing]
@kvanbrempt: I think at a certain moment in time, we will need to take legislative action w/regard to that. 26/
@pfizer: You’re going to be v. frustrated w/my answer, but.. I'm not able to have a conversation w/you [abt pricing]
@kvanbrempt: I think at a certain moment in time, we will need to take legislative action w/regard to that. 26/
I'm frustrated, you're frustrated, @mmatias_ is frustrated & isn't letting @pfizer evade:
"This is maybe the 3rd time we’ve asked… how is your price broken down?… I have to say it’s been very difficult..for us to have to insist on this bc it’s hard for us to get an answer."27/
"This is maybe the 3rd time we’ve asked… how is your price broken down?… I have to say it’s been very difficult..for us to have to insist on this bc it’s hard for us to get an answer."27/
***3) specific clinical trials qs.***
For the other topic areas, I've tried to highlight qs that were representative of the majority.
I'm not going to cover clinical trials in depth bc the qs here had a wider range.
If there was 1 theme, it was a demand for transparency. 28/
For the other topic areas, I've tried to highlight qs that were representative of the majority.
I'm not going to cover clinical trials in depth bc the qs here had a wider range.
If there was 1 theme, it was a demand for transparency. 28/
.@SincicMEP talks local @Pfizer history:
"I must say that we in Croatia know how Pfizer works. Pfizer was penalized in 2012 in Croatia for bribing doctors responsible for registration of medicines, & also doctors in bioethics commission who were evaluating clinical trials." 29/
"I must say that we in Croatia know how Pfizer works. Pfizer was penalized in 2012 in Croatia for bribing doctors responsible for registration of medicines, & also doctors in bioethics commission who were evaluating clinical trials." 29/
***4) intellectual property + (relatedly) 5) access + equity***
We see a sharp awareness from MEPs that vaccines were a) developed on a bedrock of public R&D & b) @BioNTech_Group benefited from serious investments by the EU.
globenewswire.com/news-release/2…
eib.org/en/press/all/2… 30/
We see a sharp awareness from MEPs that vaccines were a) developed on a bedrock of public R&D & b) @BioNTech_Group benefited from serious investments by the EU.
globenewswire.com/news-release/2…
eib.org/en/press/all/2… 30/
.@JerkovicRomana:
"Vax costs were financed w/down payments from the EU budget.
Some companies at the beginning of the pandemic provided its COVID-19 vaccine to countries on a non-profit basis. They gave up their financial gains aiming at ending this global crisis. 31/
"Vax costs were financed w/down payments from the EU budget.
Some companies at the beginning of the pandemic provided its COVID-19 vaccine to countries on a non-profit basis. They gave up their financial gains aiming at ending this global crisis. 31/
.@JerkovicRomana (continued):
"...I don’t remember your company showing solidarity with those in need.
My question Ms Small is, am I wrong?
And if I’m not, what is your justification for this lack of social responsibility?" 32/
"...I don’t remember your company showing solidarity with those in need.
My question Ms Small is, am I wrong?
And if I’m not, what is your justification for this lack of social responsibility?" 32/
Interesting q from @MetzTilly:
"During the negotiation of the contract did you discuss w/the commission a mandatory participation to a patent pool be it the EU level or WHO level?"
(I didn't realize this was on the table - does anyone know more?) 33/
"During the negotiation of the contract did you discuss w/the commission a mandatory participation to a patent pool be it the EU level or WHO level?"
(I didn't realize this was on the table - does anyone know more?) 33/
"Your patents were based on existing knowledge using publicly funded research.
Why did you initially launch 280 patent requests knowing you were running the risk of penalizing other candidates?
To @curevac: is it bc of this IP legal battle that you had to abandon your vax?" 34/
Why did you initially launch 280 patent requests knowing you were running the risk of penalizing other candidates?
To @curevac: is it bc of this IP legal battle that you had to abandon your vax?" 34/
On to @pfizer's response. There are many arguments, but they boil down to:
1) We do some charity
2) Even if IP were a problem, it wouldn't be *THE* problem bc it's countries couldn't deliver medicines even if they had them
3) IP is not a problem bc we say it's not 🪄
35/
1) We do some charity
2) Even if IP were a problem, it wouldn't be *THE* problem bc it's countries couldn't deliver medicines even if they had them
3) IP is not a problem bc we say it's not 🪄
35/
In a spectacular Freudian slip, Small talks up @Pfizer's "Accord for a Wealthier World" program (I assume she meant to say "Accord for a Healthier World").
That program is... complicated. Linked is a 🧵I wrote a while back on it. 36/
That program is... complicated. Linked is a 🧵I wrote a while back on it. 36/
https://twitter.com/mellabarb/status/1529435666534305792
Why poor countries can't access vax/tx, according to @pfizer:
✅poor health infrastructure
✅lack of trained healthcare professionals
✅misinformation + vax hesitancy
✅a failure to "understand the patient journey"
❌unaffordable prices
❌rich countries jumping the queue
❌IP
37/
✅poor health infrastructure
✅lack of trained healthcare professionals
✅misinformation + vax hesitancy
✅a failure to "understand the patient journey"
❌unaffordable prices
❌rich countries jumping the queue
❌IP
37/
In defending @Pfizer's access record, Small emphasizes
a) @MedsPatentPool licenses
b) recent CMOs in SA and Brazil
c) alleged not for profit pricing in LICs (we have to go on trust bc secret prices).
d) collabs w/@gatesfoundation (interestingly no mention of @GlobalFund)
38/
a) @MedsPatentPool licenses
b) recent CMOs in SA and Brazil
c) alleged not for profit pricing in LICs (we have to go on trust bc secret prices).
d) collabs w/@gatesfoundation (interestingly no mention of @GlobalFund)
38/
This is a bit disingenuous on a number of counts.
1) Offering a not-for-profit price to poor countries means *nothing* if you already promised your 2022 global production capacity to rich countries + locked half the world out of @MedsPatentPool VLs.
39/
speakingofmedicine.plos.org/2022/05/25/a-s…
1) Offering a not-for-profit price to poor countries means *nothing* if you already promised your 2022 global production capacity to rich countries + locked half the world out of @MedsPatentPool VLs.
39/
speakingofmedicine.plos.org/2022/05/25/a-s…
2) Even tho it ran out of its own production capacity, @Pfizer delayed others from trying to study Paxlovid & expand production.
anticov.org/press-releases…
@abinader et al worked on a CL in 🇩🇴, where Pfizer argued a human right to IP was being violated.
statnews.com/pharmalot/2022… 40/
anticov.org/press-releases…
@abinader et al worked on a CL in 🇩🇴, where Pfizer argued a human right to IP was being violated.
statnews.com/pharmalot/2022… 40/
Finally, there is apparently no need to reflect on what went wrong, or to dream of how we can build a more equitable world bc @pfizer is *checks notes* clairvoyant 🤯🪄:
"We do not believe that IP is & WILL EVER BE an obstacle to manufacturing scale-up or even equitable access."
"We do not believe that IP is & WILL EVER BE an obstacle to manufacturing scale-up or even equitable access."
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