The lawsuit is filed in Federal Court, which is like fast-tracking.
A win in Federal Court, if challenged, would go straight to the Supreme Court of Canada for a final ruling.
FORMER PREMIER THE HONOURABLE BRIAN PECKFORD
OTTAWA: The Justice Centre for Constitutional Freedoms today filed a lawsuit in Federal Court seeking to strike down the federal government’s mandatory Covid-19 vaccine requirements for air travellers. The court action is on behalf of several Canadians from across Canada whose Charter rights and freedoms have been infringed.
On October 30, 2021, the federal government announced that anyone travelling by air, train, or ship, must be fully vaccinated. The travel vaccination mandate has prevented approximately 6 million unvaccinated Canadians (15% of Canada’s population) from travel within Canada and prevents them from flying out of Canada. Some of the Canadians involved in the lawsuit cannot travel to help sick loved ones, get to work, visit family and friends, take international vacations, and live ordinary lives.
The main applicant in the case is former Newfoundland Premier, The Honourable A. Brian Peckford. Mr. Peckford, pictured, is the only surviving drafter and signatory 40 years after the 1982 Constitution and the Charter of Rights and Freedoms was enacted.
“It is becoming more obvious that being vaccinated does not stop people from getting Covid and does not stop them from spreading it”, says the former Premier. “The government has not shown that the policy makes flying safer—it simply discriminates”, he notes. “When I heard Prime Minister Trudeau call the unvaccinated ‘racists,’ ‘misogynists, ‘anti-science’ and ‘extremist’ and his musing ‘do we tolerate these people?’ it became clear he is sowing divisions and advancing his vendetta against a specific group of Canadians—this is completely against the democratic and Canadian values I love about this country”, adds Mr. Peckford.
“The federal travel ban has segregated me from other Canadians. It’s discriminatory, violates my Charter rights and that’s why I am fighting the travel ban,” explains Mr. Peckford.
The Justice Centre’s legal challenge cites violations of Charter rights including mobility, life, liberty and security of the person, privacy, and discrimination. The lawsuit also challenges whether the Minister of Transportation has the jurisdiction to use aviation safety powers to enforce public health measures.
In discussing effective border control measures at the start of the Covid-19 outbreak, Canada’s chief medical officer, Dr. Tam, said: “As you move further away from that epicentre, any other border measures are much less effective. Data on public health has shown that many of these are actually not effective at all… WHO advises against any kind of travel and trade restrictions, saying that they are inappropriate and could actually cause more harm than good in terms of our global effort to contain.” (Canada House of Commons, Standing Committee on Health Meeting, February 5, 2020)
The World Health Organization (“WHO”) continues to maintain that position and on January 19, 2022, urged all countries to: “Lift or ease international traffic bans as they do not provide added value and continue to contribute to the economic and social stress experienced by States Parties. The failure of travel restrictions introduced after the detection and reporting of Omicron variant to limit international spread of Omicron demonstrates the ineffectiveness of such measures over time.” The WHO repeated that countries should: “not require proof of vaccination against COVID-19 for international travel.” (World Health Organization, Statement on the tenth meeting of the International Health Regulations (2005) Emergency Committee regarding the coronavirus disease (COVID-19) pandemic, January 19, 2022.)
“Despite the confirmed science that the vaccine does not stop people from getting or spreading the virus and the repeated warnings from the WHO, it’s clear the federal government is out of step and arbitrarily restricting Canadians fundamental rights and freedoms,” says Keith Wilson, Q.C., lead counsel for the legal challenge. “It is profoundly disturbing that a marginalized group in Canada—the unvaccinated—are essentially prohibited from leaving the country,” he adds.
“Canadians have been losing hope in the Charter and our courts. We are going to put the best arguments and evidence forward so that the court can clarify where governments overstep,” concludes Mr. Wilson.
The court will be asked to hear the case on an expedited basis given the serious infringement on Canadians’ mobility and other rights. Canada is the only country in the developed world that has banned Covid vaccine-free travellers from air travel.
Reacting to truck blockades in Ottawa and at the U.S. border, Ontario Premier Doug Ford today declared a state of emergency and said he will convene the provincial cabinet on Saturday to enact orders that make it “crystal clear” it is illegal to block critical infrastructure.
(insert, Sandra: SEQUENCE)
Know this! Canada has absolutely ZERO jurisdiction over how we manage our funds here at GiveSendGo. All funds for EVERY campaign on GiveSendGo flow directly to the recipients of those campaigns, not least of which is The Freedom Convoy campaign.
5. Doug Ford declares a state of emergency in Ontario
Reacting to truck blockades in Ottawa and at the U.S. border, Ontario Premier Doug Ford today declared a state of emergency.
Ford said he will convene the provincial cabinet on Saturday to enact orders that make it “crystal clear” it is illegal to block critical infrastructure.
The move came after the Biden administration on Thursday urged Prime Minister Justin Trudeau’s government to use its federal powers to end the truck blockade by Canadians protesting the country’s COVID-19 vaccine mandates.
Scores of truckers, part of the Freedom Convoy, since Monday have been blocking the Ambassador Bridge connecting Windsor, Ontario, to Detroit, disrupting the auto industry on both sides of the border.
(S: See below, the owner of the Ambassador Bridge, Matthew Moroun, advises Canada to end the mandates.)
The Freedom Convoy left Canada’s westernmost province, British Columbia, on Jan. 23 and arrived Jan. 29 in Ottawa, where protesters said they will remain until the COVID vaccine mandates are lifted.
The group has been raising money through donations to online fundraising sites, most recently, the Christian GiveSendGo site.
GiveSendGo today said it will defy a Canadian court order mandating it stop distributing funds to convoy protesters, stating on Twitter that Canada has “absolutely ZERO jurisdiction over how we manage our funds.”
According to CNN, the Superior Court of Justice in Ontario granted a restraining order requested by the Government of Ontario against GiveSendGo and others.
Ontario Attorney General spokesperson Brian Gray told CNN the order prohibits, “any person from disposing of, or otherwise dealing with, in any manner whatsoever, any and all monetary donations made through the Freedom Convoy 2022 and Adopt-a-Trucker campaign pages on the GiveSendGo online fundraising platform.”
The Freedom Convoy turned to GiveSendGo after GoFundMe, another online fundraising site announced it would not turn over nearly $9 million in donations raised through the site for the truckers.
Texas Attorney General Ken Paxton said Wednesday that his office will investigate GoFundMe for blocking and withholding donations already made to the platform through its website, stating that the move may violate the state’s Deceptive Trade Practices Act, he said.
The truckers also raised nearly $900,000 in bitcoin after GoFundMe said it would not release donations raised through its platform.
In recent days, protesters have obstructed access to three border crossings in Michigan, North Dakota and Montana with the help of like-minded demonstrators on the U.S. side of the border who also are protesting vaccine mandates and passports, CNN reported Thursday.
The U.S. Department of Homeland Security (DHS) on Tuesday warned law enforcement across the country that a possible convoy of truckers starting up in the U.S. could affect Sunday’s Super Bowl in Los Angeles.
DHS said it received reports of truck drivers planning to potentially block roads in major metropolitan cities in the United States in protest of, among other things, vaccine mandates for truck drivers.
According to the agency:
“The convoy will potentially begin in California as early as mid-February and arrive in Washington, DC, as late as mid-March, potentially impacting the Super Bowl LVI scheduled for 13 February and the State of the Union address scheduled for 1 March.
(INSERT, S: the convoy from west to east U.S. is scheduled to leave California on March 5th.)
“While there are currently no indications of planned violence, if hundreds of trucks converge in a major metropolitan city, the potential exists to severely disrupt transportation, federal government operations, commercial facilities and emergency services through gridlock and potential counter protests.”
The warning was circulated to law enforcement nationwide on Tuesday and was first reported by Yahoo News.
DHS on Monday released a “Summary of Terrorism Threat to the U.S. Homeland” bulletin stating the U.S. remains in a “heightened threat environment fueled by several factors ….”
Among the factors listed, was: “the proliferation of false or misleading narratives, which sow discord or undermine public trust in U.S. government institutions.”
= = = = = = = = = =
Feb 10:
(WXYZ) — Matt Moroun is urging the Canadian government to take action and end the blockade at the Ambassador Bridge, now on the fourth day of being closed. Moroun is the chairman of the Detroit International Bridge Company and the owner of the Ambassador Bridge.
. . . The first option is to repeal the COVID-19 vaccine mandate, which is for truck drivers coming into the country.
“End the protest by repealing the mandate and recognizing that while the vast majority of truck drivers are vaccinated, there are some who for many reasons are choosing not to get vaccinated but deserve to be respected and allowed to do their jobs and serve our countries with dignity,” Moroun wrote.
. . . The Ambassador Bridge is the busiest border crossing between the United States and Canada, carrying $400 million in goods across it each day.
Citing insufficient data, Pfizer today said it will delay applying for Emergency Use Authorization of its COVID vaccine for infants and children 6 months to 4 years old.
Pfizer today said it will delay applying for Emergency Use Authorization (EUA) of its COVID vaccine for infants and children 6 months to 4 years old stating there’s not enough data on the efficiency of a third dose.
The U.S. Food and Drug Administration (FDA) in response postponed a meeting that had been scheduled for Feb. 15 to review Pfizer’s application for the pediatric vaccine.
Two separate clinical trials of Pfizer-BioNTech’s COVID vaccine for the younger age group are in progress: one involving children between the ages of 6 months to 2 years old, the other involving children between ages 2 and 4.
CNBC last month reported two shots did not induce an adequate immune response in children 2 to 4 years old in Pfizer’s clinical trials, leading Dr. Anthony Fauci to predict children in that age group would need a three-dose regimen of the vaccine.
In what the New York Times described as a “highly unusual move,” the FDA urged Pfizer to apply for EUA of the vaccine, even though two doses failed to produce the hoped-for immune response among children 2 to 4 years old and the vaccine maker did not yet have data on the efficacy of a third shot.
Pfizer had planned to submit its application to the FDA next week, then provide additional data in the coming weeks on a third dose, NBC reported.
The FDA did not say when the Feb. 15 meeting would be rescheduled, and Pfizer did not indicate when it would submit the application.
Despite today’s news that Pfizer is delaying its application, Children’s Health Defense is asking everyone to send a message to the FDA asking the agency to Protect the Kids.
The National Institutes of Health on Feb. 4 urged the public to participate in National Wear Red Day as part of an American Heart Month initiative to spotlight heart disease as the number one killer of Americans.
That same day, the Centers for Disease Control and Prevention’s (CDC) Advisory Committee for Immunization Practices overlooked thousands of reports of myocarditis, heart attacks and other cardiovascular events experienced by people who received COVID vaccines as the panel voted unanimously to recommend Moderna ‘Spikevax’ vaccine for people 18 and older.
These experimental COVID vaccines may pose more risk than benefit to the nearly 20 million American infants and preschool-aged children who will be eligible.
The shots don’t work
Pfizer’s clinical trial data showed that two doses failed to produce a “non-inferiority” immune response in 2- to 4 year-olds. According to partner BioNtech’s press release:
“Compared to the 16- to 25-year-old population in which high efficacy was demonstrated, non-inferiority was met for the 6- to 24-month-old population but not for the 2- to under 5-year-old population in this analysis …The decision to evaluate a third dose of 3 µg for children 6 months to under 5 years of age reflects the companies’ commitment to carefully select the right dose to maximize the risk-benefit profile. If the three-dose study is successful, Pfizer and BioNTech expect to submit data to regulators to support an Emergency Use Authorization (EUA) for children 6 months to under 5 years of age in the first half of 2022.”
In other words, Pfizer and BioNTech are evaluating a third dose because they have not yet found the right dose to maximize the risk-benefit profile for our youngest vaccine recipients.
And they won’t know if three doses will work until after the first two doses are approved. This is concerning. These are our babies.
Pfizer’s December 2021 press release noted the updates to its clinical trial were “informed by the effectiveness data for three doses of the vaccine for people 16 years and older, and the early laboratory data observed with Delta and other variants of concern, including Omicron, which suggest that people vaccinated with three doses of a COVID- 19 vaccine may have a higher degree of protection.”
However, breakthrough infections and hospitalizations have become commonplace among the vaccinated since that time. And we don’t know whether a third dose of this vaccine will increase the likelihood of adverse events.
What we do know is that there is no public health emergency for this age group. Children are at extremely low risk of serious outcomes from COVID.
Multiple studies attribute this to a stronger innate immune response in the upper respiratory tract that prevents viral replication early on. This may explain why children are also far less likely to contribute to disease transmission.
CDC data indicate deaths among children make up a fraction of a percentage of those who have died from COVID.
A study by Johns Hopkins showed a mortality rate of zero among 48,000 children without preexisting conditions and a large COVID study conducted in Germany found the case fatality rate among children is three out of a million, and zero deaths occurred in children under five.
But data about adverse events following Pfizer’s COVID vaccines continues to accumulate.
A Hong Kong study showed 1 out of 2,700 boys got myocarditis after receiving the Comirnaty vaccine. Among male adolescents, the incidence of myocarditis after the second dose was 37.32% per 100,000 people vaccinated.
A study from Kaiser found the same rate of myocarditis in 12- to 17-year-old American boys, 1 out of 2,700. This is alarming.
The Vaccine Adverse Event Reporting System (VAERS) has recorded more than 1,000,000 adverse events following COVID vaccinations: 31,545 of those were in children 17 and under.
Of the more than 23,000 reported deaths, including U.S. and foreign reports, 62 were children under age 17. VAERS also lists 829 cases of myocarditis and pericarditis in children following COVID shots.
With long-term health impacts still unknown and growing evidence of risks of myocarditis, neurological events, thrombosis and other serious side effects, the potential risks to our children likely outweigh any potential benefits.
We must act now!
Pfizer’s pediatric vaccine, if the FDA authorizes it for emergency use, will be available to more than 19 million children under the age of 5, many of whom already have robust natural immunity.
It also will be an important milestone in the pharmaceutical industry’s ultimate goal of getting COVID shots added to the CDC’s recommended childhood vaccine schedule, which means vaccine makers will have permanent immunity from liability for injuries and deaths caused by the vaccines.
If you’re seeing red, you’re not alone.
If the color red and the month of February are about love and heart health, then it’s time we reclaim those values to protect the hearts and health of those we love the most: our children.
What can you do?
Reach out to the regulatory authorities, local health departments, legislative offices and public officials and demand they join the “Don’t Break Our Heart. Protect our Health” campaign to stop the EUA of these experimental pediatric shots.
1. Send a letter of opposition, mailed in red envelopes to the public health officials and VRBPAC members involved in this decision-making process. Cover their desks in a sea of red envelopes! Use this letter CHD sent to the members of the VRBPAC committee from our advocacy portal or write your own.
To encourage people to join in, post a picture of your red envelope to social media before you mail them with #DontBreakOurHearts and #SeeingRed and let’s get these hashtags trending! Red envelopes are available at many retailers including Staples, Office Depot, Walmart and Amazon.
Phone calls and emails also are important.
2. Email all the decision-makers directly from our Advocacy Portal. Fill out this form to email all the members of the VRBPAC committee and the other public officials listed on this page. Make sure to follow up with phone calls to each person asking if they’ve received your email. Phone numbers can be found at the bottom of this page.
3. Get Ready, Get Set … TWEET! Take part in our Twitter storm. Follow the CHD Twitter account and re-tweet our tweets targeting the FDA, public health officials and VRBPAC members to convince them to vote no at the likely upcoming meeting. Be sure to use the hashtags #DontBreakOurHearts and #SeeingRed.
4. Organize a Convoy for Kids. Keep on Truckin’ in your own neighborhood by organizing your own convoy. Decorate your cars with red signs and messages, including the hashtags #DontBreakOurHearts #SeeingRed. Drive to the FDA, Pfizer Headquarters, Washington, DC, your state capital, legislative offices or your Board of Health meetings. Wear red and wave red signs. Deliver handmade “Don’t Break Our Hearts, Protect Our Health” Valentine messages and hand out CHD’s Second Opinion Fact Sheets.
5. Get Social and Share, Share, Share! Over the next few days, you’ll see a series of social media graphics as well as our video from Mary Holland, CHD president and general counsel. Share any content we put out there to combat censorship and help educate others. Be our army of truth and help get this crucial information to the world.
Let’s make Valentine’s Day a “Red Letter Day” for children’s health! You can find a sample letter in CHD’s Protect the Kids Campaign page.
Hi Everyone!
If you have time for only two, if you haven’t seen:
1. 2022-02-08 Freedom Convoy – Medical Experts Press Conference In Ottawa
https://sandrafinley.ca/blog/?p=26680
2. 2022-02-08 Freedom Convoy Press Conference with Security Experts Tom Quiggen and Danny Bulford.
https://sandrafinley.ca/blog/?p=26678
– – – – – – – –
2022-02-07 Freedom Convoy Preemptive SOS Press Conference Feb.7, 2022
https://sandrafinley.ca/blog/?p=26670
– – – – – – – –
2022-02-07 From Ottawa, 2 doctors and leaders of Truckers. What is happening. Maintain cool.
https://sandrafinley.ca/blog/?p=26653
– – – – – – – –
2022-02-06 Ottawa Police Right now Charging Truckers – – report from Truckers Convoy, Ottawa
https://sandrafinley.ca/blog/?p=26649
– – – – – – – –
2022-01-15 Statement from the Truckers Convoy, two demands.
https://sandrafinley.ca/blog/?p=26581
– – – – – – – –
2022-01-29 Night in truck stop shows true value of being Canadian, Western Standard
https://sandrafinley.ca/blog/?p=26575
The heartfelt messages posted on social media from Canadians of all backgrounds in gratitude for what the Truckers are doing is dotted with similar messages from other countries. Just a couple of recent examples from other countries:
https://sandrafinley.ca/blog/?p=26695
– – – – – – – –
https://sandrafinley.ca/blog/?p=26740
– – – – – – – –
Helps explain why Justin Trudeau is blinkered. And needs to be removed, along with others.
https://sandrafinley.ca/blog/?p=26716
– – – – – – – –
2022-01-27 UPDATED 02-08 Interviews of Justin Trudeau’s half-brother, Kyle Kemper
https://sandrafinley.ca/blog/?p=26583
– – – – – – – –
https://sandrafinley.ca/blog/?p=26630
Klaus Schwab, Founder and Executive Chairman of the World Economic Forum, has been at the centre of global affairs for over four decades.
There are good clips, for example of Schwab in conversations, and other material that substantiate the WEF’s agenda. I’ll never get this “Selection” finished, if I look for them!
– – – – – – – –
https://sandrafinley.ca/blog/?p=26703
– – – – – –
https://sandrafinley.ca/blog/?p=26728
– – – – – –
2022-02-09 Two Canadian provinces (Saskatchewan & Alberta) drop vaccine passports
https://sandrafinley.ca/blog/?p=26699
– – – – – –
2022-02-08 Saskatchewan to remove proof of vaccination
https://sandrafinley.ca/blog/?p=26655
– – – – – –
https://sandrafinley.ca/blog/?p=26597
– – – – – –
There are lists of countries that have dropped mandates, declared that covid is behind us, or never was.
– – – – – –
https://sandrafinley.ca/blog/?p=26734
– – – – – –
2022-02-09 Your recourse if covid vaccination harms your child
https://sandrafinley.ca/blog/?p=26742
– – – – – –
DEMOCRACY DESCENDING, ASCENDING?
2022-02-06 Ottawa starts digital surveillance of Freedom Convoy protesters, supporters
https://sandrafinley.ca/blog/?p=26640
– – – – – –
Someplace – – the posting about Mayor Jim Watson and Ottawa Police Chief’s role in GoFundMe’s decision that the donations for the Truckers (over $10 million) should not go to those fringe freedom Truckers. The first instalment, $1 million, would be enough for the terrorists.
– – – – – –
2022-02-08 Ottawa Police Services are looking for 6 Bus Operators for Thursday, Feb 10th
https://sandrafinley.ca/blog/?p=26674
– – – – – –
Very good:
2022-02-08 Tucker: Crumbling regimes always resort to . . . this
https://sandrafinley.ca/blog/?p=26651
– – – – – –
2022-02-05 Cops Turn On Cops Over Canadian Trucker Protest ·
https://sandrafinley.ca/blog/?p=26636
– – – – – –
2022-02-01 Trudeau used COVID to short circuit democracy in Canada.
https://sandrafinley.ca/blog/?p=26617
– – – – – –
https://sandrafinley.ca/blog/?p=26577
– – – – – –
2022-02-02 FaceBook bans large US trucker convoy group
https://sandrafinley.ca/blog/?p=26628
– – – – – –
https://sandrafinley.ca/blog/?p=26658
– – – – – –
https://sandrafinley.ca/blog/?p=26623
– – – – – –
https://sandrafinley.ca/blog/?p=26592
– – – – – –
https://sandrafinley.ca/blog/?p=26590
– – – – – –
https://sandrafinley.ca/blog/?p=26585
– – – – – –
2022-01-28 Filmmaker Captures True Spirit of ‘Defeat the Mandates’ Rally (U.S.)
https://sandrafinley.ca/blog/?p=26562
– – – – – –
2022-01-28 Dissident vrs dissident? Hunh?. . . No, it is not that . . . (a conversation).
https://sandrafinley.ca/blog/?p=26543
– – – – – –
2018-09-27 Vladimir Pozner: How the United States Created Vladimir Putin, Yale U
On Friday, GoFundMe shut down the Canadian Trucker Freedom Convoy 2022 fundraiser, which was crowdfunding for the ongoing protests by truckers in Canada’s capital, Ottawa.
Both the mayor and police were pleased with the decision and admitted sending GoFundMe the request to takedown the fundraising page, which had raised more than 10 million.
“I want to sincerely thank the team at GoFundMe for listening to the plea made by the City and the Ottawa Police to no longer provide funds to the convoy organizers,” Ottawa’s Mayor Jim Watson tweeted.
The Ottawa Police also thanked the platform, writing: “We want to thank GoFundMe for listening to our concerns as a City and a police service. The decision to withhold funding for these unlawful demonstrations is an important step and we call on all crowdfunding sites to follow.”
In follow-up tweets, Watson explained that GoFundMe made the right decision because the truckers have been holding the city hostage. He believes that without funding, the protesters will leave the city.
“In light of the unlawful behavior that has transpired in the last few days, they have come to the right decision in support of our city and our residents,” Watson tweeted.
“These protesters have been holding our city hostage for a week now, and I’m hopeful that limiting their access to funding and resources will restrict their ability to remain in Ottawa.
“I am imploring similar crowdfunding platforms to take the same position and not enable the group in its fundraising efforts, which would deal a blow to our efforts to put an end to this occupation.”
However, the fundraising has been relaunched on the alternative crowdfunding platform GiveSendGo.
TWO TWITTER FEEDS, Watson
Speaking at World Economic Forum SHAPE North America Conf. #SHAPENA17 @OttawaShapers @ChandraNepean @Yasir_Naqvi pic.twitter.com/AwUeeSUnS5
— Jim Watson (@JimWatsonOttawa) July 12, 2017
Journalist Megan Redshaw does a nice job of weaving together the situation of the family, and the conditions (U.S. Law) that apply in the event of injuries or death caused by covid vaccination.
Under the CICP program, attorney fees are not covered. There is no court, judge or right to appeal.
I do not know the rules that apply under Canadian Law.
= = = = =
Kansas Woman Died From Allergic Reaction to Moderna COVID Vaccine, Autopsy Confirms
Jeanie Evans, 68, of Effingham, Kansas, died of “anaphylaxis due to COVID-19 vaccination,” according to her autopsy report. Evans died March 24, 2021, one day after her first dose of Moderna’s vaccine.
Miss a day, miss a lot. Subscribe to The Defender’s Top News of the Day. It’s free.
Jeanie Evans died of “anaphylaxis due to COVID-19 vaccination,” according to her autopsy report acquired by the Topeka Capital-Journal.
Evans, 68, of Effingham, Kansas, died March 24, 2021, one day after receiving Moderna’s COVID vaccine in Jefferson County.
According to the autopsy report, obtained from the Shawnee County coroner’s office through a Kansas Open Records Act request, Evans said her airway felt blocked about 15 to 20 minutes after she received her first dose on March 23, 2021.
She was taken by ground ambulance at 5:21 p.m. to Stormont-Vail hospital, where she died at 11:55 a.m. the next day.
Evans had a medical history of hypertension, environmental allergies, allergic disorders and reactive airway disease. She previously experienced an anaphylactic reaction to the drug Albuterol, the report said.
According to Mayo Clinic, anaphylaxis is a “severe, potentially life-threatening allergic reaction” that can occur within seconds or minutes of exposure to something you’re allergic to.
The Centers for Disease Control and Prevention’s (CDC) website states anaphylaxis after COVID vaccination is rare and occurs in approximately five people per 1 million vaccinated in the U.S.
According to the most recent data from the Vaccine Adverse Event Reporting System — co-managed by the U.S. Food and Drug Administration (FDA) and CDC — there have been 2,300 reports of anaphylaxis following COVID vaccines, where the reaction was life-threatening, required treatment or resulted in death.
Colt Umphenour, one of Evans’ sons, said the family plans to file a lawsuit.
“I am actively looking for a new attorney to represent the family,” Umphenour said.
Members of Evans’ family last April hired Lynn Johnson, of the law firm Shamberg, Johnson and Bergman in Kansas City, Missouri. But Johnson told the Topeka Capital-Journal on Tuesday he chose not to pursue legal action on their behalf.
Vaccine makers exempt from liability for injuries caused by their products
As The Defender reported July 8, 2021, under federal law, vaccine makers are shielded from liability, leaving people who are injured by COVID vaccines and their family members with little recourse.
In 2005, Congress passed the Public Readiness and Emergency Preparedness Act (PREP), which authorizes the U.S. Department of Health and Human Services (HHS) to issue a declaration providing immunity from tort liability for claims of loss caused by medical countermeasures (e.g., vaccines, drugs, products) against diseases or other threats of public health emergencies.
On Feb. 4, 2020, HHS invoked the PREP Act when it declared COVID-19 to be a public health emergency.
On Jan. 21, 2021, HHS amended the act, extending the liability shield to include additional categories of qualified persons authorized to prescribe, dispense and administer COVID vaccines authorized by the FDA.
In exchange for immunity for vaccine makers, under the PREP Act, the federal government pledged compensation for adverse reactions to COVID treatments and vaccines through a program called the Countermeasures Injury Compensation Program (CICP), run by HHS.
The CICP in December 2021 approved its first COVID countermeasure claim, one of 65 claims related to anaphylaxis and anaphylactic reactions following COVID vaccines. The claim is pending review of eligible expenses.
The CICP website outlines the parameters of the program, which provides compensation for medical expenses, lost employment income and survivor death benefits as “the payer of last resort,” covering only what remains unpaid or unpayable by other third parties, such as health insurance.
Under the CICP program, attorney fees are not covered. There is no court, judge or right to appeal.
Children’s Health Defense asks anyone who has experienced an adverse reaction, to any vaccine, to file a report following these three steps.