The following are summaries of Children’s Health Defense current legal efforts.
Medical Freedom-related Lawsuits:
- NYS Measles Mandate in 4 Zip Codes—CHD brought a case against NYC Dept. of Health in 2019 for its universal imposition of an MMR vaccine mandate on all residents in four Brooklyn neighborhoods that are predominantly Orthodox Jewish. Many families held valid religious exemptions to vaccination. We argued that those exemptions were valid and that the City was wrong to consider unvaccinated people “nuisances.” The mandate was upheld at the trial; we appealed and await a decision.
- NYS Religious Exemption – After the NYS legislature repealed the religious exemption to vaccination in June 2019 without even so much as a hearing, CHD sued on behalf of all children who lost their exemption rights, arguing that the repeal was invalid because it was rooted in animus against religion. Although we lost at the trial court; the case is on appeal in the NYS Appellate Division.
- NYS Special Needs Children’s Federal Right to a Free and Appropriate Public Education – Unlike typically-developing children, special needs children have a federal right to a “free and appropriate public education.” CHD argued in federal district court that this right should have enabled special needs children to retain their religious exemptions to continue educational programs. We lost at the trial court level and decided to see appropriate cases develop in administrative proceedings rather than appeal directly.
- NYS Medical Exemption – In August 2019, after repealing the religious exemption to vaccination, NYS severely constricted the medical exemption to vaccination, making it extremely difficult for doctors to write exemptions and for families to obtain them. Further, a new Dept. of Health regulation purported to allow school districts to overrule licensed doctors’ exemptions based on their own findings. We are appealing a lower court decision now to the Second Circuit Court of Appeals, arguing that any second-guessing of medical exemptions from licensed physicians violates well-established Supreme Court precedent regarding the right to medical exemption, which is rooted in the right to life.
- Univ. of California’s Flu Vaccine Mandate in a COVID Pandemic – CHD supported litigation to challenge a flu vaccine mandate for all students, faculty and personnel in the UC system. While the preliminary injunction was denied, as a result of our efforts students obtained the right to a religious exemption on the grounds of equal protection, which they did not have previously.
- DC City Council “consent” law: The DC City Council passed a bill to allow children to “consent” to any CDC-recommended vaccine without the knowledge or consent of their parents or guardians. This bill specifically looks towards having children consent to COVID vaccines without parental knowledge. The bill even requires schools to conceal vaccination information from parents. This bill is not yet law; it must go through a waiting period in the US Congress. If it becomes law, CHD would sue on behalf of DC parents and children, as this law violates many federal laws and Constitutional rights.
- Expected COVID vaccine mandates: CHD is working with a consortium of lawyers to prepare challenges to forthcoming institutional, city and state mandates for COVID vaccines.
- CHD is calling out the invalidity of PCR testing as a basis for diagnosis and therefore school closures with a lawsuit against the New York Department of Education, Mayor de Blasio, and other NYC officials. This lawsuit seeks to reopen schools and halt coerced in-school PCR testing, paving the way for more pushback against using PCR “case numbers” to strip citizens of freedoms based on a test that does not diagnose COVID infection and generates many false positive results.
Wireless Harms & 5G-related Lawsuit:
- Children’s Health Defense v. Federal Communications Commission – CHD has filed a landmark case against the FCC for its decision not to review its 1996 guidelines regarding the health effects of wireless technology, claiming that the FCC’s decision is capricious, not evidence based and an abuse of discretion. The FCC’s decision disregarded the overwhelming scientific and human evidence. Its continuous failure to protect the public health has led to widespread injury. Oral argument before the DC Circuit Court of Appeals will occur in late January.
- Robi v. Merck – CHD supports litigation on behalf of a severely injured young woman against Merck for its fraudulent Gardasil vaccine that has not been proven to prevent any cervical cancer and which has caused deaths around the world. This case is in discovery in California state court.
- CHD is supporting further litigation against Merck on behalf of several injured teenagers. The lead law firm has filed at least three additional cases in different jurisdictions against Merck for severe Gardasil injuries.
- Children’s Health Defense v. Facebook, Mark Zuckerberg and Facebook Factcheckers – CHD initiated this lawsuit in August 2020, alleging that Facebook and its “fact checkers” are colluding with the US government to skirt the requirements of the First Amendment and to engage in racketeering to defund and malign CHD in support of their financial interests. We expect a motion to dismiss hearing in early 2021 in California federal district court.
Protecting Doctors for Vulnerable Children:
- California Medical Board: CHD supported the defense of a physician who dared to reject medical orthodoxy regarding vaccines and wrote medical exemptions for many Californian children before the passage of SB 276. We await a final decision.