Professional Documents
Culture Documents
TR 2 MOTION FOR TRO For Filing
TR 2 MOTION FOR TRO For Filing
AMERICA’S FRONTLINE )
DOCTORS, ETC.; and )
)
DR. SCOTT JENSEN, MD, )
Individually; and )
)
ELLEN MILLER, )
Individually and as Guardian of ) Case No. _______________________
3 Minor Siblings; and )
)
JODY SOBCZAK, ) PETITION FOR TEMPORARY
Individually and as Father of ) RESTRAINING ORDER
2 Minor Children; and )
)
DEBORAH SOBCZAK, )
Individually and as Mother of )
2 Minor Children; and )
)
LYLE BLOOM, )
Individually and as Father of )
2 Minor Children; and, )
)
JULIE BLOOM, )
Individually and as Mother of )
2 Minor Children; and )
)
ANDREA MCFARLANE, RN )
Individually and as Mother of )
4 Minor Children; and )
)
JENNIFER GREENSLADE, )
Individually and as Mother of )
2 Minor Children; and )
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)
STEVEN M. ROTH, MD, )
Individually; and )
)
MATT SCHWEDER, )
Individually and as Father of )
a Minor Child. )
)
Plaintiffs, )
)
vs. )
)
XAVIER BECERRA, Secretary of )
the U.S. Department of Health )
and Human Services, and U.S. )
DEPARTMENT OF HEALTH )
AND HUMAN SERVICES, AND )
John & Jane Does I-V; Black & )
White Partnerships; and ABC )
Corporations I-V, )
)
Defendants. )
“Kids are one third of our population and all of our future.
Kids are never the experiment. Protect the Children.” AFLDS.
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PETITION FOR TEMPORARY RESTRAINING ORDER
I. SUMMARY
including but not limited to the Food and Drug Administration (FDA),
Health (NIH), the DHHS Secretary, the DHHS Assistant Secretary for
Preparedness and Response, and the DHHS Vaccines and Related Biological
any existing or further authorization for use in children under the age of 16,
of any of the COVID-19 “vaccines” 1 that have been approved under the
In this Motion, Plaintiffs ask only that the status quo be maintained - that
the EUAs not permit the use of COVID-19 vaccines in children under the age
1
Plaintiffs explicitly reject the term "vaccine" as a description of the injections
approved under EUA for use in reducing the symptoms of COVID-19. The
traditional definition of a vaccine as given by Cambridge Dictionary is “a substance
containing a virus or bacterium in a form that is not harmful, given to a person or
animal to prevent them from getting the disease that the virus or bacterium
causes.” This definition is the one relied upon by health care professionals and the
lay public since vaccines first emerged, but recently has been altered in a number of
places to allow for the synthetic and experimental material colloquially referred to
as the “COVID-19 vaccines” to be included. Plaintiffs will refer to the injections of
this material as the “vaccine” or “injection” for purposes of this filing but reject the
categorization.
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of 16, and that no further expansion of the EUAs to children under the age of
would protect the lives and safety of millions of children in the American
public for whom serious illness and mortality from COVID-19 represent a
zero percent (0%) risk statistically, but who face substantial risks from these
experimental injections.
various types absent a TRO, but they also represent a diverse cross-section of
the American public. They are doctors and other medical professionals. They
are parents and children. They are coaches and mentors. They are healthy,
and they suffer from underlying conditions. They are from various states.
They are from various walks of life. They are individuals and organizations.
They are experts and they are lay people. Most or all have been fully
vaccinated in the past. And they all have one thing in common. Absent the
altered forever.
Plaintiffs will bring suit in the near future. The case will challenge the
EUAs for the injections on several counts. It will be made clear to the Court
in that case, based on the law and well-founded scientific evidence, that: the
EUAs should never have been granted, the EUAs should be revoked
immediately, the injections are dangerous biological agents that have the
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potential to cause substantially greater harm than the COVID-19 disease
itself, and numerous laws have been broken in the process of granting these
In the specific instance of minor Plaintiffs under 16, the Court must
The Complaint will include claims for, inter alia (1) a declaration that
the extension of the EUAs for the COVID-19 vaccines making them available
for use in children under the age of 16 violates 45 CFR § 46.401, et seq.,
in children under the age of 16, until such time as the DHHS Secretary has
complied with 45 CFR § 46.401, et seq.; and (3) claims for civil money
2
https://blogs.bmj.com/bmj/2021/05/07/covid-vaccines-for-children-should-not-get-emergency-
use-authorization/
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On May 11, 2021, without any prior notice, the FDA extended the EUA
children. Given the extreme exigencies, Plaintiffs are seeking the temporary
relief set forth herein even before filing their Complaint. Studebaker Corp. v.
Griffin, 360 F.2d 692, 694 (2d Cir. 1966); United States v. Lynd, 301 F. 2d
818, 823 (5th Cir. 1962) ("The grant of a temporary restraining injunction
need not await any procedural steps perfecting the pleadings"); National
Organization for Reform of Marijuana Laws v. Mullen, 608 F.Supp. 945, 950
II. PLAINTIFFS
1. America’s Frontline Doctors ("AFLDS") is a non-partisan, not-for-
profit organization of hundreds of member physicians that come from across
the country, representing a range of medical disciplines and practical
experience on the front lines of medicine. AFLDS’ programs focus on a
number of critical issues, including:
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• Expanding COVID-19 treatment options for all Americans who need
them; and
• Strengthening the voices of front-line doctors in the national healthcare
conversation.
AFLDS’ core beliefs, shared by each of its member health care
• That the American people have the right to accurate information using
trusted data derived from decades of practical experience, not
politicized science and Big Tech-filtered public health information.
• That critical public health decision-making should take place away
from Washington and closer to local communities and the physicians
that serve them. They are steadfastly committed to protecting the
physician-patient relationship.
• That front-line and actively practicing physicians should be
incorporated into the nation’s healthcare policy conversation.
• That safe and effective, over-the-counter COVID preventative and early
treatment options should be made available to all Americans who need
them. They reject mandatory government lockdowns and restrictions
not supported by scientific evidence. They support focused care for the
nation’s at-risk population, including seniors and the immune-
compromised.
encroachment.
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AFLDS has recommended that the experimental Covid-19 vaccines be
prohibited for use in the under-20 age category, and strongly discouraged for
use in the healthy population above the age of 20 through the age of 69.
upon which they are based. First, there is the undeniable fact that the Covid-
presented serious risks for young people in the 12 to 15 age group. The risks
and safety evidence based upon such trials as there are, cannot justify the
use of these vaccines in younger persons. Because AFLDS has taken the
vaccine administration to persons under the age of 50, its and its membership
position regarding support of the proper use of approved vaccines and the
relationship between doctor and patient where truly informed decisions are to
be made, taking into consideration all of the factors relating to the patients’
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Given these considerations it would be grossly unethical and therefore
impossible for AFLDS members to stand idly by while their patients and
the 12-15 year age group, AFLDS member physicians will be forced into
moral duties to their patients, and the demands of many of the hospitals in
Immunization of Physicians.”
In this updated opinion, the astonishing position was taken that not
with the experimental COVID-19 vaccination, but they also have an ethical
COVID-19 vaccination. The ethics opinion repeatedly uses the phrase “safe
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The AMA's ethics opinion goes on to state that institutions may have a
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The AMA even offers a “COVID-19 VACCINE SCRIPT FOR PATIENT
INQUIRIES”. 4 Despite being styled as a script for inquiries, the script clearly
intends for phone messages and office websites to lead with the following
message for every caller, not simply those who wish to inquire about
vaccines.
The proposed script reads: “We are encouraging our patients to receive
To the extent that the AFLDS member physicians either lack control of
message that has been placed there absent their knowledge and consent, the
member physicians, and deep confusion for their patients, who would thereby
institutions who employ the physicians and the ease with which a physician’s
an investigation that can and often does render the physician virtually
4
https://www.ama-assn.org/system/files/2021-01/covid-19-vaccine-patient-inquiry-script.pdf
5
https://www.ama-assn.org/system/files/2021-01/covid-19-vaccine-patient-inquiry-script.pdf
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unemployable. Not only do physicians have to choose between their ethical
obligations to their patient to do no harm and their current job; the reality is
that many of them will be choosing between their patients and their medical
career.
more of highly focused sacrificial dedication to achieve. The depth and the
horror of the bind that this ethics opinion places the member physicians of
To grasp the irreparable nature of the harm they face, one must
consider the ease with which even an anonymous report can be made that
Weiman, M.D., J.D. pointed out, the “black mark of a listing in the NPDB
may not accomplish what the law was meant to do; identify the poor
practitioner.” 7 Weiman goes on to point out that “It is the threat of a NPDB
6
https://aapsonline.org/doctors-sue-texas-medical-board-for-misconduct-cites-institutional-
culture-of-retaliation-intimidation/ (Doctors were retaliated against and disciplined based on
anonymous reports).
7
https://www.huffpost.com/entry/the-national-practitioner_b_13173046
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report which prevents the open discussion, fact-finding, and broad based
analysis and problem solving which was the intent of the meaningful peer-
tremendous sway over his or her professional calling has many physicians
fearful of pushing back against such ethical binds as have been described
above. 9 Many physicians have a family and medical school debts to consider
subjected to by this extension of the EUAs to inject 12-15 year old minors
and drives irreparable wedges into the sacred doctor-patient relationship that
8
Id.
9
https://aapsonline.org/doctors-sue-texas-medical-board-for-misconduct-cites-institutional-
culture-of-retaliation-intimidation/ (Doctors were retaliated against and disciplined based on
anonymous reports).
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group have a 0% chance statistically of dying from COVID. As to the EUAs
for the experimental COVID-19 vaccines, Dr. Jensen is keenly aware of the
risks and benefits of these investigational agents as well as the current
vaccine schedule for other diseases. Given that the statistical chance of death
for children ages 0 to 16 is 0%, Dr. Jensen believes it would be reckless to
subject anyone in that age group to the experimental COVID-19 vaccine. To
recommend something that he considers reckless would violate his oath as a
doctor and place him in an untenable position. It would place his young
patients in that age group at risk and create similar conflicts to those
described in the preceding paragraphs relating to the AFLDS member
physicians. In addition, and based on the facts and statistics set forth in Dr.
Jensen's Declaration attached hereto and incorporated herein by reference as
Exhibit A, Dr. Jensen believes the use of coercion in the 0-16 year old age
group that is not at risk of harm from COVID-19 would irreparably
undermine public trust in all vaccines. He therefore requests an immediate
temporary restraining order to halt the extension of the EUAs of the
experimental COVID-19 vaccine for any and all ages under 16.
3. Ellen Millen (Ellen) is a resident of Huntsville, Alabama. Ellen is
the Guardian of three siblings ages 5, 4 and 4. These children have been
entrusted to her by Child Protective Services and she is responsible for
making medical decisions for them. Ellen has obtained a medical exemption
for vaccines and neither she nor their biological parents wish the children to
receive the experimental COVID-19 vaccination. Ellen stands not only for the
children currently in her care but for those who may be placed in her care in
the future. She stands for her 22-year-old son and four other children who are
unable to stand for themselves in opposing the application of the
experimental COVID-19 vaccination to children of all ages who are at NO
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statistical risk of death from COVID-19. Without a temporary restraining
order as requested in this motion Ellen knows that the children in her care
will face overwhelming pressure to receive the experimental COVID-19
vaccination injection from friends, parents of friends, sports organizations,
summer camps, schools and colleges. The fear and pressure that this fragile
at-risk population of children will be subjected to if the temporary restraining
order is not granted is greater than that which is often faced by children from
intact nuclear families. The nature of their placement outside of their home
and away from their biological family leaves them particularly susceptible to
the pressures and the fear mongering that they will receive from peers and
authority figures. The harm that they will undergo emotionally, mentally,
and/or physiologically is precisely the type of harm considered irreparable by
the law in this case. The trauma that is created in this type of a situation will
quite likely be carried for life, and no amount of damages can possibly erase
the effects. Ellen’s Declaration is attached hereto and incorporated here by
reference as Exhibit B. Ellen seeks an immediate temporary restraining
order to halt the extension of the EUAs for the experimental COVID-19
vaccines for any and all children 15 years old and younger.
4. Jody Sobczak (Jody), of Huntsville Alabama, is the father of two
minor children ages 15 and 17. Jody has researched the experimental
COVID-19 vaccines and fiercely opposes their use in healthy children of any
age. He knows that his own children are placed at immediate and irreparable
risk of harm by extending the EUAs for the experimental COVID-19 vaccines
to adolescents. Jody is well aware that there are safe and effective alternative
treatments readily available, and he adamantly opposes the suppression of
those treatments in favor of experimental and potentially life-threatening
agents. Jody’s Declaration is attached hereto and incorporated herein as
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Exhibit C. Jody seeks an immediate temporary restraining order to halt the
extension order of EUAs for the experimental COVID-19 vaccines for any and
all children 15 years old and younger.
5. Deborah Sobczak (Deborah), of Huntsville Alabama, is the
mother of two minor children ages 15 and 17. Deborah has researched the
experimental COVID-19 vaccines and also fiercely opposes their use in
healthy children of any age. She knows that her own beloved children are
placed at immediate and irreparable risk of harm by extending the EUAs of
the experimental COVID-19 vaccine to adolescents. Deborah is well aware
that there are safe and effective alternative treatments readily available and
she adamantly opposes the suppression of those treatments in favor of
experimental and potentially life-threatening agents. Deborah’s Declaration
is attached hereto and incorporated herein by reference as Exhibit D.
Deborah seeks an immediate temporary restraining order to halt the
extension of the EUAs for the experimental COVID-19 vaccines for any and
all children 15 years old and younger.
6. Lyle Bloom (Lyle), of Huntsville, Alabama, is the father of two
children ages 10 and 16, and the father of one young adult age 21. Lyle has
researched the experimental COVID-19 vaccines and fiercely opposes their
use in healthy children of any age. He knows that his own children are placed
at immediate and irreparable risk of harm by extending the emergency use
authorizations of the experimental COVID-19 vaccine to adolescents. Lyle is
well aware that there are safe and effective alternative treatments readily
available and he adamantly opposes the suppression of those treatments in
favor of experimental and potentially life-threatening agents. Lyle’s duly
executed Declaration is attached hereto and incorporated herein as Exhibit
E. Lyle seeks an immediate temporary restraining order to halt the extension
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of EUAs of the experimental COVID-19 vaccines for any and all children 15
years old and younger.
7. Julie Bloom (Julie), of Huntsville Alabama, is the mother of two
children ages 10 and 16, and the mother of one young adult age 21. Julie has
researched the experimental COVID-19 vaccines and also fiercely opposes
their use in healthy children of any age. She knows that her own beloved
children are placed at immediate and irreparable risk of harm by extending
the EUAs for the experimental COVID-19 vaccines to adolescents. Julie is
well aware that there are safe and effective alternative treatments readily
available and she adamantly opposes the suppression of those treatments in
favor of experimental and potentially life-threatening agents. Julie’s duly
executed Declaration is attached hereto and incorporated herein as Exhibit F.
Julie seeks an immediate temporary restraining order to halt the extension of
EUAs for the experimental COVID-19 vaccines for any and all children 17
years old and younger.
8. Andrea McFarlane, RN (Andrea) of Huntsville, Alabama
currently works as a trauma/ICU nurse at Vanderbilt. She is the mother of 4
children, 10, 12, 14 and 16. As a nurse, Andrea has seen tremendous pressure
placed on staff to get the experimental COVID-19 vaccines. Even medical
staff that have had COVID-19 are pressured relentlessly to take the
experimental COVID-19 vaccines. It is well known among the staff that
taking the experimental COVID-19 vaccines will leave you sick for days, and
they accommodate for the expected sick reactions in their staffing plans.
Andrea is also in school and as a student she is pressured and incentivized to
get “vaccinated”. As a mother, Andrea knows only too well the tremendous
pressure her boys will be under to get “vaccinated”. They will be under social
and school pressure and Andrea deeply fears for their safety. She has studied
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the vaccine. She knows that it is experimental and that it has proven harmful
in many cases. She knows that her children are not at risk from COVID-19
and believes it should be illegal and that it is immoral to give an
experimental and untested vaccine to children who are not at risk. She
believes that if the TRO is not granted, not only will her children be at grave
risk of irreparable harm, but she will be subjected to pressure in her
profession to comply with an immoral policy. We know that the AMA through
their ethics opinion set forth above in this Motion has already opined that
institutions will likely have an obligation to require that their staff get
injected with the experimental COVID-19 vaccinations. Should this happen,
Andrea will be unable to work because she will not follow a policy that she
believes is immoral. Andrea’s duly executed Declaration is attached hereto
and incorporated herein by reference as Exhibit G. Andrea is asking that
this Court immediately impose the requested TRO in order to protect her
children as well as herself from the grave risk of immediate and irreparable
harm.
9. Jennifer Greenslade (Jennifer), of Remlap, Alabama, has an
autoimmune disorder for which she takes medicine on a daily basis. She has
researched the experimental COVID-19 vaccines and is aware that to take it
would be to inject herself with an unknown agent that is largely unstudied
but which carries risk to anyone with an autoimmune disease. She fears
deeply for her own health and the health of her children, ages 9 and 12. The
type of disease she has can be hereditary and nobody knows how it might
interact with her children’s health, whereas COVID-19 itself poses no risk of
death to her children whatsoever. Jennifer has two cousins who did allow
themselves to be injected with the experimental COVID-19 vaccines. They
were both healthy prior to the injection. They became extremely ill after
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being injected and spent weeks on the brink of death in the ICU. They are
now out of the ICU but neither of them can walk and they require care from
their children. This type of vaccine related injury constitutes irreparable
harm. Her cousins were in good health and now they are unable to walk even
though they survived the initial onslaught of the vaccine related sickness.
Jennifer's health is not strong and her children may have inherited her
autoimmune disorder. If they are pressured or mandated to take the vaccine
and experience reactions similar to Jennifer's cousins’ reactions, she and her
children might not survive. For a mother of two small children it is a stark
and terrifying concern to think that they may be killed or paralyzed or that
she may be rendered unable to care for them or worse. Jennifer's duly
executed Declaration is attached hereto and incorporated herein by reference
as Exhibit H. She is seeking an immediate temporary injunction on behalf of
herself, her children, and other similarly situated parents against the
extension of the EUAs for children 15 and younger, who are at no risk from
COVID-19.
10. Steven M. Roth, MD (Dr. Roth), of Alabama, has been a
practicing emergency medicine physician for 13 years. As part of his practice,
Dr. Roth sees patients of all ages. He is aware of the risks and benefits of
these investigational agents as well as the current vaccine schedule for other
diseases. Based on the most recent numbers from the CDC from May 5, 2021,
anyone under the age of 16 has statistically NO risk of dying of Covid-19.
Dr. Roth has not seen a COVID-19 patient in many months, but he is
currently seeing many patients who come to the emergency department as
post-COVID-19 injection patients. All of these patients came in with COVID-
19 like symptoms that occurred within 48 hours of the injection. All these
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patients required hospital admission. Several of these patients progressed to
death, caused by the vaccine.
Dr. Roth’s concern is that based upon what he is seeing in the
community, and because of the schools asking that students take the
experimental COVID-19 injections and putting obstacles around those who
do not take it, young people are being pressured to take an experimental
injection, and many are succumbing to that pressure. This is deeply
disturbing to Dr. Roth, because it is universally known that children virtually
never die from COVID-19 and given that children have a very strong immune
system, they are more likely than adults to have an over-reaction to the shot.
This means that there is not only no benefit, but also an increased risk for
children who receive the experimental COVID-19 injections. Also, with all
prior viruses and vaccines, it has been accepted in the medical community
that natural immunity is superior to vaccination, and there is no basis to
believe that would be different with SARS-CoV-2. Because of these factors, it
is actually not preferable to give the vaccine even if it was definitely safe,
which these are not.
In addition, Dr. Roth is extraordinarily concerned that there have
been no animal studies, nor long-term studies, of the COVID-19 vaccines,
especially since prior coronavirus vaccines all caused death in the animals
subjected to them.
Dr. Roth is aware of many thousands of physicians who agree with
him, but who are under great pressure to say nothing. Dr. Roth has
chosen to speak out now, at great personal cost to himself, because the
alternative is unbearable. Dr. Roth could not live with himself if he stood
by and allowed these experimental COVID-19 injections to be inflicted
upon children universally, resulting in death and destruction over the
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years. He considers it immoral and unconscionable that this
experimental therapy will be given to children. Not only are children
NOT at risk of death from COVID-19, but they are also NOT mini-adults.
Their organs are still forming, and they are even more vulnerable than
adults to developing auto-immune disease in this situation.
Dr. Roth would be deeply and directly affected by a change in FDA
guidelines regarding vaccines for young people, and as a result he is
imploring this Court to grant an immediate TRO to halt the approval of the
infliction of the experimental COVID-19 injections upon children. In addition
to the direct threat of irreparable harm posed to Dr. Roth’s young patients,
an additional unwelcome consequence of using coercion to mandate or
pressure the participation of healthy young people who are statistically at
NO risk is the risk of sharply reducing the public trust in all vaccines. This
would also create what can only be described as irreparable harm to the
public generally. Dr. Roth’s duly executed Declaration is attached hereto and
incorporated herein by reference as Exhibit I.
11. Matt Schweder (Matt) of Lexington, Kentucky, is the father of
one minor daughter, age 15, and an adult son, age 25. Matt’s son is in the
Advanced Nurse Practitioner Program at Vanderbilt University. Matt’s
daughter is an active student and plays soccer for her high school. Matt has,
until recently, coached girls select soccer for a number of years and he is very
aware of the extraordinary power of peer pressure in the life of young
adolescents. Matt’s daughter is subjected to a barrage of peer pressure
regarding vaccinating, which is a constant source of conversation for her
friends, who have been taught to fear that which should hold no fear. In
addition, her school system bombards her with weekly emails, pressuring and
shaming her and her family into allowing themselves to be experimented on
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with the experimental COVID-19 injections. The pressure is so intense that
one of Matt’s daughter’s friends was forced to take the injection by his own
mother, against his will, at the age of 16, and Matt’s daughter had to undergo
the trauma of knowing that her friend had become part of this dangerous
human experiment even though he was adamantly opposed to doing so. Matt
has conducted his own research into COVID-19, and he is well aware that
children under the age of 16 have a 0% chance statistically of dying from
COVID-19. Matt knows that safe and effective treatments for COVID-19 are
available and he fiercely opposes the suppression of these treatments in favor
of using untested and potentially life-threatening agents against children
who are not at risk. As a father, Matt has witnessed the growing concern his
son has, that his school or potential employer might decide to make the
experimental agents mandatory, which would put his education to waste. The
damages that Matt and his family face are irreparable if this EUA is
permitted to be inflicted upon minor children, whose only risk of death comes
from the vaccine itself. Therefore, Matt urgently moves this Court to find for
his children and the children of America and immediately grant the TRO
sought by this Motion. Matt’s Declaration is attached hereto and incorporated
herein by reference as Exhibit J.
The EUAs for COVID-19 vaccines have been illegal from the start.
COVID-19 death count (the result of illegal rule changes obliterating the
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distinction between "dying with” and “dying from” COVID-19 and changing
amplification cycles universally agreed, even by the WHO, the CDC and Dr.
accept the COVID-19 vaccines, which are untested and unproven biological
agents.
multiple levels, including inter alia: to believe that they are FDA-approved;
to believe that they are actually and in fact "safe and effective," as opposed to
are safe and effective; that there are no risks and many benefits, whereas in
fact there are many risks and few benefits, particularly for children 15 and
younger; that they are standard vaccines that involve the injection of dead or
attenuated virus, versus gene therapy; that they prevent infection with
COVID-19, and the transmission of COVID-19 to others; and that there are
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no other effective alternative treatments. 10 At the same time, the American
A. Regulatory Context.
312, and 45 CFR Part 46 (which describes the requirements for human
experimentation).
21 CFR § 202.1(e)(3) states specifically that “If any part or theme of the
10
Plaintiffs contend that there are a number of safe and effective alternative treatments available
that have been suppressed for what appears to be financial reasons, and are prepared to present
scientific and medical evidence thereof.
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vaccine that is not yet approved, which is a more stringent standard than for
prescription drugs.
medical scholar on Covid-19 recently pointed out, there is a formal and overt
part:
11
https://www.bbc.com/news/entertainment-arts-55257814
12
https://www.lewrockwell.com/2021/05/no_author/highly-cited-covid-doctor-comes-to-
stunning-conclusion-govt-scrubbing-unprecedented-numbers-of-injection-related-deaths/
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(5) “True statement” of information. An advertisement does not
satisfy the requirement that it present a “true statement” of
information in brief summary relating to side effects,
contraindications, and effectiveness if:
(i) It is false or misleading with respect to side effects,
contraindications, or effectiveness; or
(ii) It fails to present a fair balance between information
relating to side effects and contraindications and information
relating to effectiveness of the drug…(emphasis added).
stakeholders – the CDC, NIH, FDA, Big Pharma, World Health Organization,
U.S.C. § 360bbb–3, 45 CFR Part 46 and 21 CFR § 202.1. The very agencies
and officials responsible for protecting the American public from these
13
Id.
14
Id.
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financial incentives, 15 and are they are pushing to provide what amounts to
15
See attached Exhibit K “VAX ADVISORY CONFLICTS” for a detailed preliminary overview
of the profound conflicts under the section entitled FDA Vaccines and Related Biological
Products Advisory Committee Roster: Content current as of 4/9/21.
16
https://www.lewrockwell.com/2021/05/no_author/highly-cited-covid-doctor-comes-to-
stunning-conclusion-govt-scrubbing-unprecedented-numbers-of-injection-related-deaths/
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medical experimentation. Abdullahi v. Pfizer, 562 F.3d 163, 174-188 (2nd
basis for their convictions were the testing of drugs for immunization against
Nuremberg Military Tribunals Under Control Council Law No. 10, 181-182
(1949) (emphasis added). The Nuremberg Code was created as part of the
IMT's judgment, and its first principle is that "[t]he voluntary consent of the
principles relevant here, for example that "[t]he experiment should be such as
to yield fruitful results for the good of society, unprocurable by other methods
or means of study, and not random or unnecessary" (Principle 2), and "[t]he
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Association's Declaration of Helsinki, the guidelines authored by the Council
"The history of the norm in United States law demonstrates it has been
firmly embedded for more than 45 years and [ ] its validity has never been
HHS will conduct or fund research in which the IRB finds that more
than minimal risk to children is presented by an intervention or
procedure that holds out the prospect of direct benefit for the individual
subject, or by a monitoring procedure that is likely to contribute to the
subject’s well-being, only if the IRB finds that:
(a) The risk is justified by the anticipated benefit to the subjects;
(b) The relation of the anticipated benefit to the risk is at least as
favorable to the subjects as that presented by available alternative
approaches; and
(c) Adequate provisions are made for soliciting the assent of the
children and permission of their parents or guardians, as set forth in §
46.408.
the U.S. Public Health Service ("PHS") and implemented on the ground by a
PHS doctor employed for this purpose by private institutions but reporting to
prophylaxis. 17
beings in the history of public health, run by the PHS, spanning 40 years
from 1932 until its exposure by a whistleblower in 1972. The purpose of the
study was to observe the effects of untreated syphilis in black men and their
17
https://bioethicsarchive.georgetown.edu/pcsbi/taxonomy/term/179.html
-30-
family members. There are numerous other examples, too many for inclusion
in this Motion.
undeniable. The Texas State Senate heard sworn testimony on May 6, 2021
from Dr. Angelina Farella, a pediatrician who has given tens of thousands of
Senator Hall: “Has there been another vaccine that had the high
incidents of serious hospitalizations and deaths that this vaccine is now
showing?
Sen. Hall: "Any other vaccine would have been pulled from the
market?"
Sen. Hall: "Have you seen any other vaccine that was put out for the
public that skipped the animal tests?"
18
https://www.globalresearch.ca/no-vaccine-passports-texas-medical-doctors-testify-before-
state-senate-oppose-mandatory-covid-shots/5744748
-31-
Dr. Farella: "Never before. Especially for children."
therefore the EUAs are invalid. Further, Plaintiffs contend that the
Secretary violated § 360bbb–3(c), when he issued the EUAs for the COVID-19
vaccines, and therefore, on that basis additionally, the EUAs are invalid. In
this Motion, Plaintiffs ask only that the status quo be maintained - that the
EUAs not permit the use of the COVID-19 vaccines in the children under the
age of 16, and that no further expansion of the EUAs to children under the
-32-
significant potential for a domestic emergency,
involving a heightened risk of attack with a biological,
chemical, radiological, or nuclear agent or agents;
(B) a determination by the Secretary of Defense that there
is a military emergency, or a significant potential for a
military emergency, involving a heightened risk to
United States military forces, including personnel
operating under the authority of title 10 or title 50, of
attack with—
(i) a biological, chemical, radiological, or
nuclear agent or agents; or
(ii) an agent or agents that may cause, or are
otherwise associated with, an imminently
life-threatening and specific risk to
United States military forces;
(C) a determination by the Secretary that there is a public
health emergency, or a significant potential for a public
health emergency, that affects, or has a significant
potential to affect, national security or the health and
security of United States citizens living abroad, and
that involves a biological, chemical, radiological, or
nuclear agent or agents, or a disease or condition that
may be attributable to such agent or agents; or
(D) the identification of a material threat pursuant to
section 319F–2 of the Public Health Service Act [42
U.S.C. 247d–6b] sufficient to affect national security or
the health and security of United States citizens living
abroad.
The DHHS Secretary declared an emergency pursuant to § 360bbb–3(b)(I)(C),
after making the relevant finding. Plaintiffs aver and the facts set forth
below demonstrate that the finding was made in error, without any real
justification, and as such the EUAs for the COVID-19 vaccines are invalid.
EUA, as follows:
-33-
(c) Criteria for issuance of authorization. The Secretary may issue an
authorization under this section with respect to the emergency use of
a product only if, after consultation with the Assistant Secretary for
Preparedness and Response, the Director of the National Institutes of
Health, and the Director of the Centers for Disease Control and
Prevention (to the extent feasible and appropriate given the applicable
circumstances described in subsection (b)(1)), the Secretary concludes—
(1) that an agent referred to in a declaration under subsection (b)
can cause a serious or life-threatening disease or condition;
(2) that, based on the totality of scientific evidence available to
the Secretary, including data from adequate and well-
controlled clinical trials, if available, it is reasonable to
believe that—
(A) the product may be effective in diagnosing, treating, or
preventing—
(i) such disease or condition; or
(ii) a serious or life-threatening disease or condition
caused by a product authorized under this section,
approved or cleared under this chapter, or licensed
under section 351 of the Public Health Service
Act [42 U.S.C. 262], for diagnosing, treating, or
preventing such a disease or condition caused by such
an agent; and
(B) the known and potential benefits of the product, when
used to diagnose, prevent, or treat such disease or
condition, outweigh the known and potential risks of
the product, taking into consideration the material threat
posed by the agent or agents identified in a declaration
under subsection (b)(1)(D), if applicable;
(3) that there is no adequate, approved, and available alternative
to the product for diagnosing, preventing, or treating such
disease or condition;
(4) in the case of a determination described in subsection
(b)(1)(B)(ii), that the request for emergency use is made by
the Secretary of Defense; and
(5) that such other criteria as the Secretary may by regulation
prescribe are satisfied.
-34-
The balancing test required by § 360bbb–3(c)(2)(B) cannot be satisfied.
Since the risk from COVID-19 to 12-15 year old children is statistically 0%,
experimental vaccines. At the same time, the risks of using any untested
drug are always substantial, and, in this case, the injections are already
that the word “approved,” which is not otherwise defined in the statute,
treatments are safer and more effective than the current EUA products.
that the DHHS Secretary ensure that both health care professionals
administering EUA products and those who are treated with the EUA
-35-
products are furnished with the following information, which is a minimum
vaccine subjects:
statutory disclosures are made. In fact, the DHHS and its sub-agencies
ensuring that health care professionals and vaccine subjects have the
information. At the same time, state and federal government officials are
decline the vaccine, and incentives should they accept it. All of this vitiates
B. Factual Context.
new and deadly disease that could kill us all. This was odd given that the
-36-
estimated fatality rate at the time was between 2-4%. By contrast,
virus had a fatality rate of approximately 9%, and the MERS virus had a
the one painted by the media - a fatality rate of 0.2% globally, which drops to
0.03% for persons under age 70, which is comparable to the yearly flu.
USA Total:
19
https://healthdata.gov
20
https://healthdata.gov/Health/COVID-19-Community-Profile-Report/gqxm-d9w9
-37-
The actual COVID-19 fatality numbers are vastly lower than those
reported. On March 24, 2020, the DHHS changed the rules applicable to
coroners and others responsible for producing death certificates and making
states that “COVID-19 should be reported on the death certificate for all
COVID-19, even when in fact deaths were imminent and inevitable for other
dying with COVID-19 are being reported as dying from COVID-19. DHHS
statistics are now showing that 95% of deaths classed as "COVID-19 deaths"
Similarly, the actual number of COVID-19 "cases" is far lower than the
reported number. The signs, symptoms and other diagnostic criteria for
COVID-19 are laughably broad. Applying the criteria, countless ailments can
Compounding the problem, the DHHS authorized the use of the polymerase
-38-
chain reaction ("PCR") test as a diagnostic tool for COVID-19, with disastrous
A PCR test can only test for the presence of a fragment of the RNA of
the SARS-CoV-2 virus, and literally, by itself, cannot be used to diagnose the
COVID-19 disease. The RNA fragment detected may not be intact and may
finding a car part, but not a whole car that can drive. Manufacturer inserts
furnished with the PCR test products include disclaimers stating that the
PCR tests should NOT be used to diagnose COVID-19. This is consistent with
the warning issued by the Nobel Prize winning inventor of the PCR test that
Further, the way in which the PCR tests are administered guaranties
(“CT value”) is essentially the number of times that a sample (usually from a
that the sample is magnified around a trillion times. The higher the CT
Value, the less likely the detected fragment of viral RNA is intact, alive and
infectious.
-39-
Virtually all scientists, including Dr. Fauci, agree that any PCR test
French government showed that even at 35-cycles, the false positivity rate is
as high as 97%. Despite this, a majority of the PCR tests for COVID-19
deployed under EUAs in the United States are run at 35-45 cycles in
FOR COVID-19 USING A PCR TEST, THE CDC WILL ONLY "COUNT"
More recently, the CDC has announced it will no longer compile and report
to protect the myths about the vaccine, rather than the public.
21
https://www.cdc.gov/vaccines/covid-19/health-departments/breakthrough-cases.html
-40-
Ultimately, there is simply no objective evidence showing a public
in order to avoid harmful results.” COVID-19 has been with us for well over a
year, and we know far more about the disease than we did at the outset.
Most importantly, we can identify with precision the age segment of the
purposes of this Motion, Plaintiffs only seek injunctive relief against the
United States census counted more than 72 million people age 0-17. 22 As of
5/5/2021, according to the CDC, there have been only 282 deaths WITH (not
22
https://www.census.gov/quickfacts/fact/table/US/PST045219 or
https://datacenter.kidscount.org/data/tables/101-child-population-by-age-
group#detailed/1/any/false/1729,37,871,870,573,869,36,868,867,133/62,63,64,6,4693/419,420
-41-
from) COVID-19 in children 0-17, representing 0.000392% of that age
deaths under standard "cause of death" reporting rules. These statistics alone
make it impossible for the DHHS Secretary to satisfy the balancing test
them from a disease that simply does not threaten them. Children are
vaccines, since the DHHS Secretary has failed to make the even the
and at the same time they are targeted and pressured with incentives and
penalties.
Given that there is no risk to children from the COVID-19 disease, any
risk from the COVID-19 vaccines is too much under the law. What risks do
all over the world are sounding the alarm and frantically appealing to the
-42-
FDA to halt the vaccines. They have made innumerable public statements,
but for the purposes of this pleading we attach one recent, illustrative and
groups have made similar calls, among them: Canadian Physicians 24, Israeli
People’s Committee 25, Frontline COVID-19 Critical Care Alliance 26, World
Doctors Alliance 27, Doctors 4 Covid Ethics 28, and America’s Frontline
Doctors 29. These are healthcare professionals in the field who are seeing the
Professors of Science and Medicine, including the physician with the greatest
institutions and abstract here for the Court to understand the severity and
urgency of the situation. They accuse the government of deviating from long-
standing policy to protect the public. In the past, government has halted
vaccine trials based on a tiny fraction – far less than 1% - of the number of
23
https://newsvoice.se/2021/05/57-scientists-study-covid-vaccinations/
24
https://canadianphysicians.org/
25
https://doctors4covidethics.medium.com/the-israeli-peoples-committee-report-of-adverse-
events-related-to-the-corona-vaccine-april-2021-47891f17d452
26
https://covid19criticalcare.com/
27
https://worlddoctorsalliance.com/
28
https://doctors4covidethics.medium.com/
29
http://www.americasfrontlinedoctors.org/
-43-
trials! 30 The scientists all agree that the spike protein (produced by the
vaccines) causes disease even without the virus, which has motivated them to
lend their imprimatur to, and risk their reputation and standing on, the
following statement:
Argentina.
2Baylor University Medical Center. Dallas, Texas, USA.
3Monestir de Sant Benet de Montserrat, Montserrat, Spain
4INSERM U781 Hôpital Necker-Enfants Malades, Université
30
https://www.lewrockwell.com/2021/05/no_author/highly-cited-covid-doctor-comes-to-
stunning-conclusion-govt-scrubbing-unprecedented-numbers-of-injection-related-deaths/
-44-
6Retired Professor of Medical Immunology. Universidad de
Guadalajara, Jalisco, Mexico.
7Médicos por la Verdad Puerto Rico. Ashford Medical Center. San
de Compostela, Spain.
10Biólogos por la Verdad, Spain.
11Retired Biologist. University of Barcelona. Specialized in
Uruguay.
15Médicos por la Libertad Chile. República de Chile.
16Physician, orthopedic specialist. República de Chile.
17Médicos por la Verdad Perú. República del Perú.
18Médicos por la Verdad Guatemala. República de Guatemala.
19Concepto Azul S.A. Ecuador.
20Médicos por la Verdad Brasil. Brasil.
21Médicos por la Verdad Paraguay.
22Médicos por la Costa Rica.
23Médicos por la Verdad Bolivia.
24Médicos por la Verdad El Salvador.
1. Abstract.
Since the start of the COVID-19 outbreak, the race for
testing new platforms designed to confer immunity against
SARS-CoV-2, has been rampant and unprecedented, leading to
emergency authorization of various vaccines. Despite progress on
early multidrug therapy for COVID-19 patients, the current
mandate is to immunize the world population as quickly as
possible. The lack of thorough testing in animals prior to clinical
trials, and authorization based on safety data generated during
-45-
trials that lasted less than 3.5 months, raise questions regarding
the safety of these vaccines. The recently identified role of SARS-
CoV-2 glycoprotein Spike for inducing endothelial damage
characteristic of COVID-19, even in absence of infection, is
extremely relevant given that most of the authorized vaccines
induce the production of Spike glycoprotein in the recipients.
Given the high rate of occurrence of adverse effects, and the wide
range of types of adverse effects that have been reported to date,
as well as the potential for vaccine-driven disease enhancement,
Th2-immunopathology, autoimmunity, and immune evasion,
there is a need for a better understanding of the benefits and
risks of mass vaccination, particularly in the groups that were
excluded in the clinical trials. Despite calls for caution, the risks
of SARS-CoV-2 vaccination have been minimized or ignored by
health organizations and government authorities. We appeal to
the need for a pluralistic dialogue in the context of health
policies, emphasizing critical questions that require urgent
answers if we wish to avoid a global erosion of public confidence
in science and public health.
31
https://digital.ahrq.gov/sites/default/files/docs/publication/r18hs017045-lazarus-final-report-
2011.pdf
-46-
ii. In ten years (2009-2019) there were 1529 vaccine
deaths. In the first four months of 2021 there have been
over 4,000.
iii. Reporting of many adverse events from COVID-19
vaccines are siphoned away from public VAERS into a non-
public database called V-Safe which contradicts
Congressional intent in creating VAERS in 1986 which was
to make vaccine adverse events easily known to the public.
-47-
affect virtually any organ in the body. It is likely that some
proportion of spike protein will become permanently fused to
long-lived human proteins and this will prime the body for
prolonged autoimmune diseases. Autoimmune diseases can take
years to show symptoms and many scientists are alarmed at
giving young people such a trigger for possible autoimmune
disease.
d. Spike proteins directly cause disease: It is clear that spike
proteins are not simple, passive structures which the virus uses
to attach itself to cells. The spike protein is itself biologically
active, even without the virus and these bind to our cells even
more tightly causing harm to endothelial cells 37 which are
throughout the entire human body, in blood tissue 38, in lung
tissue. 39 The spike protein, being “fusogenic”, promotes cells to
adhere to one another, initiating blood coagulation – including in
the brain. Spike proteins also cross the blood-brain-barrier, a
sacrosanct space in medicine. This has never been done before in
a vaccine and the neurological effects are unknown. 40
e. Effect on the young: The vaccines are more deadly or
harmful to the young than the virus, and that is excluding the
unknown future effects on fertility, clotting, and autoimmune
disease. There is a statistically zero chance of death from SARS-
CoV-2 under age 18 according to the CDC but there are reports of
heart inflammation in young men 41 and at least one documented
fatal heart attack of a healthy 15-year old boy in Colorado two
days after his Pfizer shot. 42 The vaccines induce the cells of the
recipient to manufacture trillions of spike proteins with the
pathology described above. Because immune responses in the
young and healthy are more vigorous than those in the old,
paradoxically, the vaccines may thereby induce, in the very
people least in need of assistance, a very strong immune
37
https://www.biorxiv.org/content/biorxiv/early/2020/12/04/2020.12.04.409144.full.pdf
38
https://www.salk.edu/news-release/the-novel-coronavirus-spike-protein-plays-additional-key-
role-in-illness/
39
https://medicalxpress.com/news/2021-04-sars-cov-spike-protein-lung.html
40
https://scivisionpub.com/pdfs/covid19-rna-based-vaccines-and-the-risk-of-prion-disease-
1503.pdf
41
https://www.timesofisrael.com/israel-said-probing-link-between-pfizer-shot-and-heart-
problem-in-men-under-30/
42
VAERS database 1242573-1
-48-
response, including those which can damage their own cells and
tissues as well as by stimulating blood coagulation.
f. Chronic Disease: Healthy children whose birthright is
decades of healthy life will instead face premature death or
decades of chronic disease 43. We cannot say what percentage will
be affected with antibody dependent enhancement 44, neurological
disorders 45, autoimmune disease 46 and reproductive problems 47,
but it is a virtual certainty that this will occur.
g. Unknown Effects: worldwide there are unexpectedly higher
rates of death after receiving the vaccine. 48 Additionally, prior
coronavirus and similar vaccines caused a phenomenon known as
Antibody Dependent Enhancement (ADE) which is a
paradoxically worse disease typically causing death or critical
illness when the child or animal later encountered the virus in
the wild. ADE is discovered during long term animal studies, and
thus it is still an unknown risk.
h. Effect on society: scientists are concerned that universal
inoculation may create more virulent strains. This has been
observed with Marek’s Disease in chickens. 49 Due to vaccinating
a large number of chickens who were not at risk of death, now all
chickens must be vaccinated or they will die from a virus that
was nonlethal prior to widespread vaccination. It is a serious
concern that our current vaccination policy, vaccinating everyone
instead of those at risk, will over time, exert the same
evolutionary pressure toward more highly virulent strains.
-49-
50 deaths it’s pulled off the market.” 50 In 1976 during the Swine
Flu pandemic, the USA attempted to vaccinate 55 million
Americans but when the shot caused 25 deaths, the program was
pulled. The flu shot causes 20-30 deaths a year out of 195 million
and there are now over 4,000 deaths out of about 100 million
COVID-19 shots. 51
b. Collusion to Censor: The Associated Press, AFP; BBC,
CBC/Radio-Canada, European Broadcasting Union (EBU),
Facebook, Financial Times, First Draft, Google/YouTube, The
Hindu, Microsoft, Reuters, Reuters Institute for the Study of
Journalism, Twitter, The Washington Post, The New York Times
all participate in the “Trusted News Initiative” which has agreed
to not allow any news critical of the shots. 52 A Judge would not
have to agree with one side or the other to recognize that s/he is
likely not hearing the whole story when such an overwhelming
majority of media/tech agree with their competitors on what is
newsworthy.
c. Whistle Blowers: There are innumerable reports on social
media of individuals and groups of physicians and nurses coming
forward reporting what they are directly observing. We must take
such reports extremely seriously given the enormous personal
cost to persons reporting.
i. Dr. Charles Hoffe who defied a gag order on
Moderna 53
ii. Dr. Shucharit Bhakdi who predicted the blood
clotting problems 54
iii. Dr. James Todaro & The Lancet retraction 55
iv. Dr. David Brownstein who was cited by the FTC for
using vitamins 56
50
https://leohohmann.com/2021/04/30/highly-cited-covid-doctor-comes-to-stunning-conclusion-
govt-scrubbing-unprecedented-numbers-of-injection-related-deaths/
51
https://leohohmann.com/2021/04/30/highly-cited-covid-doctor-comes-to-stunning-conclusion-
govt-scrubbing-unprecedented-numbers-of-injection-related-deaths/
52
https://www.bbc.com/news/entertainment-arts-55257814
53
https://healthimpactnews.com/2021/canadian-doctor-defies-gag-order-and-tells-the-public-
how-the-moderna-covid-injections-killed-and-permanently-disabled-indigenous-people-in-his-
community/
54
https://evidencenotfear.com/covid-vaccine-blood-clot-risk-was-known-ignored-buried-dr-
sucharit-bhakdi/
55
https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(20)31324-6/fulltext
56
https://www.youtube.com/watch?v=a-79BFjzhj8&t=472s
-50-
v. Dr. Eric Nepute who was cited by the FTC for using
Vitamin D 57
vi. Dr. Pierre Kory who was ridiculed for using
ivermectin 58
vii. Dr. Joseph Mercola a victim of aggressive threats and
cyberwarfare 59
viii. Frontline COVID-19 Critical Care Alliance 60
ix. America’s Frontline Doctors 61
x. World Doctor Alliance 62
xi. The Great Barrington Declaration 63
xii. Pandemics Data and Analysis 64
xiii. Doctors 4 Covid Ethics 65
d. Conflict of interest: Consider that the J&J vaccine was
paused for six clots but more than 4000 deaths due to Pfizer and
Moderna has not resulted in a government pause. Note that the
NIH is a co-owner of the Moderna patent. Note that Moderna and
Pfizer (unlike J&J) plan to require an “update” once or twice
annually. 66
There are several factors that reduce any purported benefit of the
symptoms – not block transmission. For over a year now, these Defendants
and state-level public health authorities have told the American public that
57
https://www.ftc.gov/system/files/warning-letters/covid-19-letter_to_dap_eric_nepute.pdf
58
https://www.newswise.com/coronavirus/dr-pierre-kory-president-of-the-flccc-alliance-
testifies-before-senate-committee-on-homeland-security-and-governmental-affairs-looking-into-
early-outpatient-covid-19-treatment
59
https://articles.mercola.com/sites/articles/archive/2021/05/04/removing-articles-related-to-
vitamin-d-c-and-zinc.aspx
60
https://covid19criticalcare.com
61
https://www.americasfrontlinedoctors.org
62
https://worlddoctorsalliance.com
63
https://gbdeclaration.org
64
https://www.pandata.org
65
https://doctors4covidethics.medium.com
66
https://leohohmann.com/2021/04/13/cdc-pauses-johnson-johnson-injection-citing-rare-blood-
clots-but-heres-what-youre-not-being-told/
-51-
SARS-CoV-2 can be spread by people who have none of the symptoms of
innumerable lockdowns and restrictions, even though they are not manifestly
sick. If that is the case, and these officials were not lying to the public, and
asymptomatic spread is real, then what is the benefit of a vaccine that merely
asymptomatic spread, or were simply wrong about the science. The theory of
masking of the healthy - was based solely upon mathematical modeling. This
theory had no actual study participants, and no peer review. 67 The authors
not even in a family member with whom they share a home and extended
67
https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2774707
68
https://www.nytimes.com/2020/08/29/health/coronavirus-testing.html
-52-
infected others. 69 Since asymptomatic individuals do not spread COVID-19,
consent are being completely ignored by our public health system and
the use of the “safe and effective” moniker to describe these unapproved
injections. The fact of the matter is that if the manufacturers of the injections
were saying these things they would very likely be breaking the law.
biological agents are still being studied it is only proper to call them
experimental, and so 45 CFR Part 46 also applies, and requires even more in
demographics that have not had any real testing and where administration of
69
https://www.nature.com/articles/s41467-020-19802-w
-53-
In addition, comments made by pharmaceutical executives are
kids, they cite the reason that the vaccine has already been given safely to
First, medically speaking, children are not simply short adults. Their organs
are still developing, and in addition those organs must function perfectly for
many decades ahead of them. Secondly, the scientific harms are long term
many persons have received the vaccine, rather the duration of the research
is what is determinative.
a heightened duty of protection. Rather than ethically ensuring that they are
Defendants are doubling down on the safe and effective moniker and want to
DHHS seems to be intent on both hiding the fact that these injections are
-54-
sector actors in their efforts to coerce individuals into unknowingly
participating.
for those receiving the COVID injections is the potential exposure of those
who did not consent at all to receiving the vaccine. Page 67 of the Pfizer EUA
document, each person getting the experimental shot had to consent to the
As the vaccines have been rolled out, there are worldwide reports of
irregular and often very heavy vaginal bleeding in the unvaccinated who are
70
https://cdn.pfizer.com/pfizercom/2020-11/C4591001_Clinical_Protocol_Nov2020.pdf
-55-
are scrubbed from the internet rapidly 71, however plaintiff AFLDS has also
received innumerable emails from around the world with the same reports. It
is well documented that the vaccinated have excessive bleeding and clotting
and ITP. Given that there is now the real-world observation 72 of what
has been a research subject for years 74 if not decades. 75 The reportable safety
event from the Pfizer application suggests that this type of vaccine is now a
under the age of 16 puts unvaccinated children at risk without meeting the
Part 46.
71
https://www.lifesitenews.com/news/thousands-of-women-report-hemorrhaging- reproductive-
dysfunction-miscarriage-after-corona-shots
72
https://fromthetrenchesworldreport.com/bizarre-phenomenon-unvaccinated-getting-sick-being-
around-the-covid-vaxxed/285650
73
https://thebulletin.org/2020/09/scientists-are-working-on-vaccines-that-spread-like-a-disease-
what-could-possibly-go-wrong/
74
https://www.preemptproject.org/news/a-vaccine-that-could-spread-like-a-virus
75
https://www.newscientist.com/article/mg24732960-100-we-now-have-the-technology-to-
develop-vaccines-that-spread-themselves/
-56-
The legally required heightened levels of informed consent are not
being obtained, and the necessary precautions for studies on children are
simply not being considered. The requested TRO is necessary to ensure the
Plaintiffs are not subjected to further public coercion to partake in this illegal
experiment.
Interest.
times, by the Defendants – there are numerous alternative safe and effective
great effect. While Dr. Anthony Fauci’s NIH, which happens to have a
financial stake in Moderna's COVID-19 vaccine 76, and others may downplay
these treatments, the fact is that they have been used to great effect and
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1. Ivermectin: NY judicial order 78, Yale University 79, South Africa 80,
and forty 81 studies 82 and India 83
3. Budesonide 88
4. Dexamethasone 89
5. Vitamin D 90,
6. Zinc 91
7. Azithromycin 92
9. Colchicine 94
78
https://www.wkbw.com/news/coronavirus/judge-orders-hospital-to-treat-covid-patient-with-
experimental-drug
79
https://trialsitenews.com/top-yale-doctor-researcher-ivermectin-works-including-for-long-
haul-covid/
80
https://www.biznews.com/thought-leaders/2021/03/16/ivermectin-in-sa
81
https://c19ivermectin.com
82
https://journals.lww.com/americantherapeutics/fulltext/2021/00000/review_of_the_emerging_e
vidence_demonstrating_the.4.aspx
83
https://www.lifesitenews.com/opinion/change-away-from-successful-treatments-due-to-big-
pharma-pressure-likely-cause-of-covid-death-catastrophe-in-india
84
https://c19hcq.com
85
https://www.ijidonline.com/action/showPdf?pii=S1201-9712%2820%2930534-8
86
https://www.sciencedirect.com/science/article/abs/pii/S0300289620305354
87
85% of global physicians recognized HCQ as at least partially effective in treating COVID-19, and more than half
of the surveyed US physicians would take the drug or give it to family members early or even before onset of
symptoms.
88
https://www.thelancet.com/journals/lanres/article/PIIS2213-2600(21)00160-0/fulltext
89
https://www.nejm.org/doi/full/10.1056/NEJMoa2021436
90
https://pubmed.ncbi.nlm.nih.gov/33487035/
91
https://www.medicalnewstoday.com/articles/can-zinc-levels-predict-covid-19-severity
92
https://www.medrxiv.org/content/10.1101/2020.12.29.20248975v1.full
93
https://www.fda.gov/news-events/press-announcements/coronavirus-covid-19-update-fda-
authorizes-monoclonal-antibodies-treatment-covid-19
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10. Remdesivir 95
11. Nitazoxanide/azithromycin 96
While many of these treatments have been publicly maligned, they are
all working in various capacities around the world and are all safer than the
seem to be done in bad faith in many instances. For example, one study on
HCQ overdosed study participants with 2.5x lethal amounts of the drug and
then reported the deaths as though they were not a result of the 2.5x lethal
indicted and criminally investigated and still JAMA did not retract the
article. 99
any of these conflicts of interest, they are numerous, now well publicized, and
94
https://www.icm-mhi.org/en/pressroom/news/colchicine-reduces-risk-covid-19-related-
complications
95
https://www.fda.gov/news-events/press-announcements/fda-approves-first-treatment-covid-19
96
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7192107/
97
Most of the drugs listed here are part of the FDA Adverse Events Reporting System – FAERS
– and have shown to be safe for many years.
98
https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2765499
99
https://www.sciencemag.org/news/2020/06/it-s-nightmare-how-brazilian-scientists-became-
ensnared-chloroquine-politics
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experimental COVID-19 injections. Those conflicts are shown in a document
NIAID and NIH monies for research responsible for the coronavirus spike
proteins, as well as patents for coronavirus spike proteins. Dr. Fauci could
beneficial (in SARS-CoV-1). Instead, Dr. Fauci directed the NIAID, NIH,
Congress and the White House to develop vaccines, including Pfizer and
The NIH Director stated the following in May, 2020: “We do have some
vaccine.” In fact, NIH and Moderna signed a contract in December, 2019 that
owned by the two parties.” 100, 101 And now Moderna is currently valued at $25
Further, on May 11, 2021, Senator Rand Paul asked Dr. Anthony Fauci
under oath about the origins of SARS CoV-2 and the NIH and NIAID funding
for Gain-of-Function research, and Dr. Fauci stated to the Senator and to all
of Congress and to the American people stating that the NIH and NIAID did
100
https://www.axios.com/moderna-nih-coronavirus-vaccine-ownership-agreements-22051c42-
2dee-4b19-938d-099afd71f6a0.html
101
https://www.economicclub.org/events/dr-francis-collins-chris-nassetta-and-mary-brady
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not fund Gain-of-Function (making viruses more lethal) research when in
million in funding.
Immunity.
infectious disease, thus reducing the wide-spread reach of the illness in the
community.
1.2 million Alabamans who are fully vaccinated, and another 400,000
population has reached herd immunity. This assessment isn’t based on these
than ten deaths a day over the past two to three months, we have had fewer
than 50 hospitalizations a day over the past few weeks, and we have proven
treatments going forward if others contract the virus. Based upon several
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assessments last fall, we needed 50-72% herd immunity before protection
could be expected.
preserve the status quo by requesting immediate injunctive relief against any
"The basis for injunctive relief in the federal courts has always been
Inc. v. Westover, 359 U.S. 500, 506–07 (1959), quoted in Sampson v. Murray,
415 U.S. 61, 88 (1974); Grasso Enterprises, LLC v. Express Scripts, Inc., 809
F.3d 1033, 1039 (8th Cir. 2016); Odebrecht Const., Inc. v. Sec'y, Florida Dep't
of Transp., 715 F.3d 1268, 1288 (11th Cir. 2013). However, the "decision to
district court." eBay, Inc. v. MercExchange, L.L.C., 547 U.S. 388, 391 (2006).
(2008) and FRCP 65, the standard for preliminary injunction is showing: 1) a
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weighing these four factors: "a court may grant the injunction if the plaintiff
possibility of irreparable injury or that serious questions are raised and the
balance of hardships tips sharply in his favor," citing Freecycle Network, Inc.
v. Oey, 505 F.3d 898, 902 (9th Cir.2007). See also Earth Island II, 442 F.3d at
The 11th Circuit test has been distinguished to require the movant
3) the threatened injury to the movant outweighs the damage the injunction
may cause to the opposing party; and 4) the injunction would not be adverse
to the public interest. Siegel v. LePore, 234 F.3d 1163, 1176 (11th Cir.
2000) (en banc); and Jysk Bed'N Linen v. Dutta-Roy, 810 F.3d 767, 774 (11th
Cir. 2015).
v. Kelley, 2016 U.S. App. LEXIS 3683, at *10 (11th Cir. Feb. 29,
2016); Jordan v. Fisher, 2016 U.S. App. LEXIS 11734, at *4 (5th Cir. Feb. 10,
2016); Ferring Pharm., Inc. v. Watson Pharm., Inc., 765 F.3d 205, 210 (3d
Cir. 2014), the "burdens at the preliminary injunction stage track the
546 U.S. 418, 428–30 (2006); LSSi Data Corp. v. Comcast Phone, LLC, 696
F.3d 1114, 1123 n.11 (11th Cir. 2012). For purposes of a preliminary
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injunction, this burden of proof can be shifted to the party opposing the
injunctive relief after a prima facie showing and the movant should be
showing. Id.
declarations and stated traumas and experiences, that they are facing a
profound loss and almost all of them stand at great risk of multiple and
younger children. However, for each and every Plaintiff, and everyone that
In the following section, the Court will see clearly what has already
been demonstrated beyond reasonable argument, that each prong of the four-
part test tilts heavily in favor of the Plaintiffs. In this difficult moment, it is
preserve the status quo, by granting the Temporary Restraining Order and
keeping the Defendants from inflicting any more of their unsafe experiments
[T]he Constitution principally entrusts the safety and the health of the
people to the politically accountable officials of the States. But the
Constitution also entrusts the protection of the people’s rights to the
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Judiciary—not despite judges being shielded by life tenure, but because they
are. Deference, though broad, has its limits.
The Parties and the Claim are properly before this Court. This Court
U.S.C. § 1331, as this litigation involves multiple claims and issues arising
under federal law. Subject matter jurisdiction also arises under 42 U.S.C. §
this Court under 28 U.S.C. § 1391(e), since this is a civil action in which at
States, no real property is involved, and one or more of the Plaintiffs reside in
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statute." 5 U.S.C. § 702. Plaintiffs (1) have suffered some actual or
threatened injury, (2) the injury can fairly be traced to the challenged actions
decision of this Court. N.H. Lottery Comm’n v. Rosen, 2021 U.S. App. LEXIS
1526 *15-17, quoting Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992).
clear violation of the plain language of the federal law pursuant to which
prevent, or treat such disease or condition, outweigh the known and potential
risks of [the COVID-9 vaccines]." As discussed above, the risk from COVID-
19 to 12-15 year old children is statistically zero. The risks of the untested
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in the sense that medical practitioners accept them as standard of care, and
some of them have been "approved" by the FDA. To the extent the FDA has
of the alternatives are safer and more effective than the COVID-19 vaccines.
The truth is that several of the most successful treatments for COVID-
19 have been studied more than almost any other drugs in the World, they
have been demonstrated for many decades to be entirely safe and effective,
prescribed safely to millions of patients, and their creators have been honored
and lauded at the highest levels for their contribution to medicine. In short,
these treatments are SO adequate and SO approved the World over, that
they stand as the very antithesis to the pre-condition set forth in 21 U.S.C. §
vaccines, that the DHHS Secretary ensure that both health care professionals
enable subjects to give their informed consent. The Secretary has not
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At the same time, public and private sector actors are deploying
vitiating their voluntary, informed consent. The Governor of Ohio has just
youngster the chance to win a “free” four-year college scholarship. 102 Never
mind that the winner may lack the life or health to enjoy their new fortune.
voluntary, informed consent and has struck a grating blow against medical
autonomy. It is no secret that many lack or have yet to develop the discipline
to resist the lure of “easy money” and by turning the EUA into a high stakes
Plaintiffs further contend and have substantiated the fact that DHHS
and its sub-agencies appear to be working with elements of major media and
big tech to actively suppress the potential dangers of these injections in direct
defiance of their statutory duty to ensure that people are fully informed about
the potential dangers. Plaintiffs contend, with a solid evidentiary basis for
102
https://news.yahoo.com/vaccinated-ohio-shot-1-million-221700404.html
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doing so, that expanding the EUA to an even younger set of children who are
at no risk of harm from Covid-19, will only further exacerbate this situation.
Res. Def. Council, Inc., 555 U.S. 7, 22 (2008) (emphasis added). Irreparable
61, fn. 68 (1974) ("We recognize that cases may arise in which the
resultant effect on the employee, may so far depart from the normal situation
that is untested, and neither safe nor effective. They are under immediate
sacred oaths, would lead to litigation, threaten their employment and medical
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licenses, and irreparably damage their reputations. Refusing to harm their
patients with the COVID-19 vaccines, and attempting to educate them about
the risks of the vaccines, and the availability of alternatives, will lead to
and highly publicized attacks, all of which would threaten their employment
and medical licenses, and irreparably damage their reputations. They are in
mean more than any property. Such a right is protected from arbitrary
harm its own reputation as a body, and cause irreparable harm of the type
additional EUA’s apply, the more clear and present becomes its exposure for
this type of irreparable harm. The bitter irony of the situation is, AFLDS
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could well suffer irreparable damage to its reputation and be hamstrung in
its critical mission when its only “crime” would have been to remain
steadfastly true to its high calling, protecting its members' sacred oaths as
physicians, and to the interests of its members' patients. There is a very real
irreparable.
Clearly, AFLDS is not the only Plaintiff subject to the imminent risk of
irreparable harm suffered through loss of reputation. Dr. Roth spoke of the
himself. His sense of duty and moral integrity left him no choice, but he faces
a number of grave risks in the choices he will have to make should this
extension of the EUA be permitted against the young children of his practice.
Plaintiffs ask this Court to recognize that for the Doctors and medical
our land, simply being forced into this untenable position by the unlawful
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extension of an experiment that was never lawful in the first place, creates
emotional, mental and psychological duress from which some may never
the physician of the year in his state. Now, remaining true to that which
brought him the highest honors in his profession could cost him his
Ellen Miller will suffer irreparable harm should the state remove her
from her position as a trusted placement for at-risk children. Hers, too, is a
high calling. Her sense of moral obligation to the young souls entrusted to her
vaccines that they do not need. Protecting the children she is bound to
protect, might result in her removal. The lives of the children she nurtures
will be destabilized, and they will endure the trauma of losing parents for at
least a second time. Our cities are filled with parentless children who need
mothers like Ellen Miller, who are willing to sacrifice their own comfort to
extend their love and their home and their resources. If Mrs. Miller loses her
ability to stand in the gap for America’s at-risk children, the irreparable
harm will spread to other families and children with effects into the future.
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Matt Schweder and his minor daughter live in a jurisdiction that has
child may well have inherited. This places her child at risk from the
Declaration, even if her child is not auto-immune, she is still at greater risk
could do nothing to save them. Thus Ms. Greenslade’s child may be too
robust to survive them. In either case, the COVID-19 vaccines expose her
the devastating impacts that the COVID-19 vaccines had on her auto-
immune cousins, and fears the same consequences for her child. For a
mother like Jennifer, simply extending the EUA to her child's age category
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Andrea McFarlane is a trauma/ICU nurse. Her boys are 10, 12 14 and
16. As a family, they are in the very center of the firestorm of imminent and
irreparable harm. Andrea could lose her job, her reputation, or even her life.
She could lose her boys. They could lose their health, suffering lifelong injury
or trauma from the experimental injections if choice is removed. The boys will
suffer the loss of friends, along with the good will of their teachers, coaches
that they are taking as a family. All of this harm can be averted entirely by
VAERS. They have also presented evidence, extracted from Pfizer's EUA
Google, Inc., 766 F.3d 929, 939 (9th Cir. 2014) (aff'd on rehearing en
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banc, 786 F.3d 733 (9th Cir. 2015)("Death is an 'irremediable and
Dr. Roth has witnessed the death of patients caused by the COVID-19
vaccines. No vaccine in history has ever caused even a fraction of the deaths
that are reported to have been caused by the COVID-19 vaccines. Extending
the EUA will increase those numbers, whereas preserving the status quo will
have the effect of protecting the children within the target age group from a
real and concrete risk of injury and death. Every Plaintiff with children or
status quo.
status quo will create any hardship for them or for the public. It is possible
that they can show a future monetary loss connected with the financial
conflicts that are revealed and mentioned in this TRO, but those are precisely
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the kind of hardships they may not rely upon to balance this prong of the test
in their favor.
expert testimony and reference to CDC official numbers that the target age
group faces no exposure to harm from COVID-19. Granting the TRO will
preserve that status quo. The 12-15 year olds who are not being harmed by
extended, then the children in the target age group who are currently safe
from the injury and death being visited upon the already vaccinated to a
degree that departs dramatically from recorded experience with all other
vaccines, will immediately begin to suffer that injury and death within their
own population.
Further, the logic for the COVD-19 vaccines breaks down when one
now, these Defendants and state-level public health authorities have told the
American public that SARS-CoV-2 can be spread by people who have none of
the symptoms of COVID-19. If that is the case, then a vaccine that merely
not the case, and asymptomatic spread is not real, then asymptomatic
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(4) Advancement of the Public Interest:
The Supreme Court has stated that a motion for pretrial injunctive
Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008). "[T]he court should
weigh the public interest in light of the likely consequences of the injunction.
Brown, 908 F.3d 1063, 1068 (7th Cir. 2018) ("court must ask whether the
under the age of 16. Thus these children do not benefit from the COVID-19
vaccines, and the public has no interest in extending the EUAs to this age
category.
repeat the errors of Tuskegee and Guatemala, and commit new human rights
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under the age of 16 are not subjected to non-consensual human medical
request that the Court grant the relief requested herein, preserving the
status quo by enjoining the very recent without notice extension of the EUA
for the Pfizer-BioNTech COVID-19 Vaccine to the 12-15 year-old age group,
and enjoining further extensions of the EUAs to children under the age of 16
until such time as these issues have been litigated and resolved at trial.
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/s/ Joey Gilbert
Joey Gilbert Law
405 Marsh Avenue
Reno, Nevada 89509
Phone: 775-210-1501
[email protected]
Attorney for Plaintiffs
(Admission Pending Pro Hac Vice)
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/s/ Joseph S. Gilbert
Joseph S. Gilbert
(Nevada Bar No. 9033)
Joey Gilbert & Associates, Ltd
D/B/A Joey Gilbert Law
405 Marsh Avenue
Reno Nevada 89509
Telephone: 775-284-7700
Attorney for Plaintiffs
(Admission Pending Pro Hac Vice)
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