VACCINE FREEDOM VICTORY!
Counsel Patricia Finn, The Good Health Lawyer  has saved a medically fragile child from what his pediatrician says is “certain damage” following vaccination, by arguing successfully in the New York Supreme Court that New York State does not have the power to substitute a bureaucrat’s decision for a patient’s physician.
Arguing that a physician, as a “learned intermediary,” has the right to issue a medical exemption for a patient and the State has the obligation to honor that exemption, Counsel Finn has scored a major health freedom victory for the moment.
Several well-known and well-funded law firms have not been able to achieve what Counsel Finn succeeded in establishing in this case.
This victory is the first to validate the important principle of the physician as “Learned Intermediary” and to achieve a Temporary Restraining Order overturning the State’s attempt to force vaccination on this child.
In both California and New York, the largest forced-vaccine states, vaccine freedom of choice has been attacked in two ways. First, the state legislatures have abolished long-standing religious and/or conscientious exemptions and second, the bureaucracies in both states have made obtaining a formal Medical Excuse virtually impossible. We believe they have intentionally tried to make it so difficult that they have undercut the protected relationship between doctor and patient. This violates the universal right of Informed Consent by preventing physicians, as Learned Intermediaries, from uttering their true opinions regarding the safety of vaccines for their patients. New York’s legislature and governor pushed the new vaccine exemption restrictions into law at the end of the 2019 legislative session in one day, without public hearings.
The child in this case was certified vaccine-fragile since his doctor said he could expect serious adverse reactions to further vaccination. It is important to note that the child’s doctor believes in vaccination for the general populace, and vaccinates his own children, yet, exercising his best medical judgment, affirmed that this child should not be vaccinated. Under New York’s new rule the physician’s learned opinion was disregarded and the school system, despite the damage that was likely to result for the child, rejected the exemption. In other words, the state wanted a school bureaucrat to overturn the physician’s protection of his patient.
This flies in the face of settled United States law. For over a century US courts have held they have the power to intervene against forced vaccination “…if it be apparent or can be shown with reasonable certainty that he is not at the time a fit subject of vaccination or that vaccination, by reason of his then condition, would seriously impair his health or probably cause his death.” Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11 (1905)
Counsel Finn’s successful effort to protect this child with a Temporary Restraining Order (TRO) assures this child access to the free public education guaranteed to him by the laws of New York, without surrendering his right to protection from what US and international courts have repeatedly called “unavoidably unsafe” vaccines.
The attempts by States like New York and California to illegally force parents to choose between their objections to vaccination — their universal right of Informed Consent — or the public education guaranteed to their children is an imposition of what the Federal Courts call an “unconstitutional condition.” No state has power to condition a public benefit on the surrender of a right.
In this case New York is learning that important lesson thanks to Counsel Finn and the determined parents willing to protect their child.
All of us have the right of Informed Consent, if and only if we assert it properly. If you do not assert that right it will be “deemed waived.” To learn more about how to assert that right for yourself and your loved ones, click here: https://tinyurl.com/AVDcard.
Counsel Finn has announced plans to institute additional litigation to further test the legal validity of New York’s vaccine exemption restrictions.
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