The family of a 24-year-old man who died from complications of COVID-19 vaccine-induced myocarditis today filed a lawsuit against the U.S. Department of Defense (DOD), which oversaw the development and distribution of the drug under Operation Warp Speed.

Ray Flores, the attorney representing the estate of George Watts Jr. filed the lawsuit in the U.S. District Court for the District of Columbia against the DOD and Lloyd Austin III in his official capacity as defense secretary.

The lawsuit alleges the DOD engaged in “willful misconduct” by continuing to exclusively allow distribution of the stockpiled version of the Pfizer-BioNTech vaccine that had been authorized for emergency use even after the U.S. Food and Drug Administration (FDA) granted full approval to a different vaccine, Comirnaty.

According to the complaint, the DOD “capitalized on a quintessential ‘bait and switch’ fraud,” using the fact that Comirnaty was FDA-approved to bolster its claims that the vaccine authorized for emergency use was “safe and effective,” in a move that intentionally misled millions of Americans.