Numerous mainstream media outlets are deliberately lying to American parents about the law regarding COVID-19 vaccines. In August, Vermont’s Supreme Court that ruled a six-year-old boy administered a COVID-19 vaccine against his parents’ specific instructions that he not be jabbed has no state tort remedies and that the family’s sole recourse is a federal claim requiring proof of serious bodily harm or death to proceed. All other traditional causes of action for violating these parents’ rights and fundamental constitutional informed consent protections for patients are extinguished completely. And yet, numerous media outlets reported the precise opposite. This is blatant misinformation.
The Associated Press launched an utter deception titled falsely: Fact Focus: Vermont ruling does not say schools can vaccinate children without parental consent. This is the opposite of the truth: Politella v Windham Southeast School District, et al. held exactly that:
“Other state courts faced with similar facts have concluded that state-law claims against immunized defendants cannot proceed in state court in light of the PREP Act’s immunity and preemption provisions, including claims based on the failure to secure parental consent.” [emphasis added]
In support of its abject lie, the AP cited a Vermont Law School professor:
“Rod Smolla, president of the Vermont Law and Graduate School and an expert on constitutional law, told The Associated Press that the ruling “merely holds that the federal statute at issue, the PREP Act, preempts state lawsuits in cases in which officials mistakenly administer a vaccination without consent.”
“Nothing in the Vermont Supreme Court opinion states that school officials can vaccinate a child against the instructions of the parent,” he wrote in an email.”
Professor Smolla is an embarrassment to the Vermont Law School, where he is president. Politella specifically holds that all state tort claims, including those alleging willful jabbing, are preempted by federal law. In observable fact, the Court ruled that the Politella family could not proceed with their case – even though the complaint alleges that the school “vaccinated a child against the instructions of the parent.” Where did Professor Smolla not learn the law? – a six-year-old can read the case and see the falsehood of his statement.
The Politella Court specifically determined that “each defendant is immune from plaintiffs’ state-law claims, all of which are causally related to the administration of the vaccine to [the minor child] L.P.” The Court did not limit this bar “merely” to claims of negligence: the Court specifically referenced (in footnote 2) the plaintiffs’ claims for battery (which includes deliberate as well as negligent injections) and negligent infliction of emotional distress (which in Count 8 of Plaintiffs’ Amended Complaint, at page 18, alleges that “Defendants’ breached their duty to Plaintiffs in circumstances constituting battery). […]
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