Medically Fragile NY Child
Back In School
With No Vaccines
Thanks to Attorney Patricia Finn, Esq.
With No Vaccines
Thanks to Attorney Patricia Finn, Esq.
Rockland County, New York: Counsel
Patricia Finn, The Good Health Lawyer [1] 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. 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.
It is believed 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.
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.”
Counsel Finn has
announced plans to institute additional litigation to further test the legal
validity of New York’s new vaccine exemption restrictions.
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Further Information:
To learn more about how to assert that right for yourself and your loved
ones, click here: https://tinyurl.com/AVDcard.
Links to Counsel Finn’s web sites:
Link to this Release: http://www.opensourcetruth.com/good-health-lawyer-gains-tro-in-forced-vaccine-case/
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