Vermont Supreme Court Rules Parents Can’t Sue School for Giving 6-year-old Unwanted Covid Jab
(LifeSiteNews) – The Vermont Supreme Court rejected a family’s lawsuit against the Windham Southeast School District for accidentally injecting their (at the time) six-year-old child with a COVID-19 vaccine without their consent, ruling that the error was covered by a federal liability shield.
Fox 26 reported that during a 2021 clinic hosted by the district and the Vermont Department of Health, the child identified only as LP had a directive in place from the father, accepted by school officials, that the child was not to be vaccinated. However, the child was given one dose of Pfizer’s mRNA-based COVID shot after being erroneously given the name tag of a child with no such restriction.
Officials notified the parents and apologized, and the parents pulled their child from Windham’s Academy School.
“Thankfully, we are not aware of any harm to the student because of this mistake,” Windham Southeast superintendent Mark Speno said in a 2021 apology letter. “We take our responsibilities to students and families very seriously, and we respect parents’ rights to make health care decisions for their children.”
That was not sufficient for the parents, who sued. But last week, the state’s highest court ruled that the federal Public Readiness and Emergency Preparedness (PREP) Act of 2005 shielded school officials from liability.
“To avoid dismissal on immunity grounds, plaintiffs would have had to present wellpleaded allegations showing that (1) at least one defendant was not a covered person, (2) some conduct by a defendant was not causally related to administering a covered countermeasure, (3) the substance injected into L.P. was not a covered countermeasure, or (4) there was no PREP Act declaration in effect at the time L.P. was injected,” the court explained.
According to the Congressional Research Service (CRS), the PREP Act empowers the federal government to “limit legal liability for losses relating to the administration of medical countermeasures such as diagnostics, treatments, and vaccines.” Near the beginning of the 2020 COVID-19 outbreak, the Trump administration invoked the Act in declaring the virus a “public health emergency.”
Under this “sweeping” immunity, CRS explains, the federal government, state governments, “manufacturers and distributors of covered countermeasures,” and licensed or otherwise-authorized health professionals distributing those countermeasures are shielded from “all claims of loss” stemming from those countermeasures, with the exception of “death or serious physical injury” brought about through “willful misconduct,” a standard that, among other hurdles, requires the offender to have acted “intentionally to achieve a wrongful purpose.”
A large body of evidence identifies significant risks to the COVID vaccines, which were developed and reviewed in a fraction of the time vaccines usually take under former President Donald Trump’s Operation Warp Speed initiative. Among it, the federal Vaccine Adverse Event Reporting System (VAERS) reports 37,734 deaths, 217,112 hospitalizations, 21,793 heart attacks, and 28,490 myocarditis and pericarditis cases as of June 28, among other ailments. U.S. Centers for Disease Control and Prevention (CDC) researchers have recognized a “high verification rate of reports of myocarditis to VAERS after mRNA-based COVID-19 vaccination,” leading to the conclusion that “under-reporting is more likely” than over-reporting.
An analysis of 99 million people across eight countries published in February in the journal Vaccine “observed significantly higher risks of myocarditis following the first, second and third doses” of mRNA-based COVID vaccines, as well as signs of increased risk of “pericarditis, Guillain-Barré syndrome, and cerebral venous sinus thrombosis,” and other “potential safety signals that require further investigation.” In April, the CDC was forced to release by court order 780,000 previously undisclosed reports of serious adverse reactions, and a study out of Japan found “statistically significant increases” in cancer deaths after third doses of mRNA-based COVID-19 vaccines and offered several theories for a causal link.
The issue is particularly egregious in the case of children, who evidence finds face little to no danger from COVID itself. In February, the first interim report of a grand jury impaneled by Republican Gov. Ron DeSantis to investigate the COVID vaccines determined among other things that COVID was “statistically almost harmless” to children and most adults.
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Teen Illegal Arrested for Throwing Newborn Baby in Dumpster
An illegal alien facing deportation has been charged after a newborn baby was found alive inside a dumpster in Texas last week, according to reports.
The shocking incident unfolded on July 21 in Houston, but relevant details about the case have emerged this week.
Everilda Cux-Ajtzalam, 18, gave birth behind a taco truck where she works and then placed her child inside a “tied garbage bag” and tossed him into a dumpster before heading home, court documents reviewed by Law&Crime indicate.
A passerby later heard the child crying and called 911.
The newborn’s miraculous rescue was captured on camera and footage has been circulating on social media.
This newborn baby was found in a dumpster in Houston, Texas.
— Students for Life of America | Pro-Life Gen (@StudentsforLife) July 25, 2024
“The child appeared to be fresh out of the womb, with his hair wet, his skin pruned and his umbilical cord still attached.”
Thankfully, he survived & is expected to be OK.
As horrific as this video is to watch, let… pic.twitter.com/gt7n36DzWU
On July 25, Cux-Ajtzalam was taken into custody.
She reportedly told detectives she “had no choice” in abandoning her baby because “she didn’t want her boyfriend to break up with her.”
Harris County District Court Judge Veronica M. Nelson initially set bond at $90,000, but it was raised to $200,000 on Monday after Cux-Ajtzalam was charged with child abandonment.
Immigration and Customs Enforcement filed a detainer against Cux-Ajtzalam and later revealed she is in the U.S. illegally.
“On July 26, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Houston lodged an immigration detainer with the Harris County (Texas) Jail on Everilda Cux Ajtalam, an 18-year-old Guatemalan national who illegally entered the U.S. as an unaccompanied minor, following her arrest for abandoning a child without intent to return,” ICE told the Daily Caller.
A Department of Homeland Security source told the New York Post that Cux-Ajtzalam was initially released to a sponsor in the U.S. and then ordered deported after she skipped an immigration hearing last July.
Her son, who is reportedly named Gabriel, was taken to Texas Children’s Hospital in stable condition and later placed in the custody of Child Protective Services.
An investigation and legal proceedings are ongoing.
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Military Family Sues DC Hospital That Took Away Autistic Son, ‘Transitioned’ Him Without Their Consent
WASHINGTON, D.C. (LifeSiteNews) — Children’s National Hospital (CNH) in the nation’s capital faces a lawsuit for taking custody of an autistic teenager away from a military family over their refusal to affirm the gender confusion he expressed out of nowhere while hospitalized at the facility.
The Daily Mail reports that the family, whose identity is being withheld, says their son (who has since become a legal adult) told friends he “was LGBT” (the article does not specify what exactly he meant) but never indicated any desire to identify as female until November 2021, when at age 16 he was hospitalized following a suicide attempt prompted by the end of a relationship with his girlfriend.
CNH diagnosed him with gender dysphoria and held him for 41 days, refusing to release him to his parents and instead moved him to foster services, which placed the boy with a “single foster mother who had a previous assault charge and was alleged to be a close friend of” Lavender Kelley, the hospital’s activist, “non-gendered” chaplain.
The son attempted suicide again in July 2022 and was returned to CNH, this time as a “girl.” His foster mother removed him from a second autism assessment the following month, deeming it unnecessary. When that foster mother passed away, the boy is believed to have been given to Kelley herself.
The parents’ lawsuit against CNH accuses the hospital of a “full-on campaign to transgender this child” with “mental re-programming,” including compulsory letters to friends declaring he was now female.
“[We] had never known of [our] son’s purported desire or plan to change genders [sic],” the family contends. “Rather than treating [us] as patrons with legal and dignitary rights, the defendant… treated the parents as though they had harmed their son, even though the parents had never endangered their child and had home-schooled him to college entry at fourteen years old.”
“At Children’s National, it is as if all critical reasoning toward the child was suspended, and there was no investigation into the extent that the child was lying,” adds the suit. They are seeking a trial by jury and $100 million in damages to make up for the crippling legal expenses they have accrued fighting for their son, which has already forced them to sell both their home and a “thriving” business.
“This is the craziest case I’ve ever had,” said attorney Amos Jones, who is representing the parents. “I don’t know why there are people who think this makes sense. But I guess lots of people agree with this in Washington D.C. now.”
A significant body of evidence shows that “affirming” gender confusion carries serious harms, especially when done with impressionable children who lack the mental development, emotional maturity, and life experience to consider the long-term ramifications of the decisions being pushed on them, or full knowledge about the long-term effects of life-altering, physically transformative, and often irreversible surgical and chemical procedures.
Studies find that more than 80 percent of children suffering gender dysphoria outgrow it on their own by late adolescence and that “transition” procedures, including “reassignment” surgery, fail to resolve gender-confused individuals’ heightened tendency to engage in self-harm and suicide – and even exacerbate it, including by reinforcing their confusion and neglecting the actual root causes of their mental strife.
The danger of keeping parents in the dark about such developments is grimly illustrated in the story of Yaeli Martinez, a 19-year-old to whom “gender transitioning” was touted as a possible cure for her depression in high school, supported by a high school counselor who withheld what she was going through from her mother. The troubled girl killed herself in 2019 after trying to live as a man for three years.
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Texas Judge Blocks Biden Administration’s Unlawful Ban on Forced Reset Triggers
A federal judge has ruled against the rule implemented by the administration of President Joe Biden banning classified forced reset triggers (FRTs) as “machine guns” and making it a felony to possess an FRT, citing the Supreme Court’s decision to overturn a ban on bump stocks last month.
Northern District of Texas Judge Reed O’Connor ruled in favor of gun owners’ rights groups that had sued the Department of Justice, United States Attorney General Merrick Garland and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in 2023 challenging the ban. The said suit centered on the ATF’s broadening of the term “machine gun” to include FRTs.
According to the ruling, although FRTs enable a user to fire weapons at a faster rate than normal triggers, they do not meet the statutory definition of a machine gun because they do not enable guns to fire multiple rounds with a “single function of the trigger.”
O’Connor’s decision also cited the 2017 mass shooting in Las Vegas that spurred the polarizing debate on the legality of devices that increase the rate of fire of semiautomatic weapons. The judge acknowledged the “tragic nature” of the shooting but said that “no matter how terrible the circumstances, there is never a situation that justifies a court altering statutory text that was democratically enacted by those who are politically accountable.”
Two of the plaintiffs in the case were Texas Gun Rights, Inc., and the National Association for Gun Rights (NAGR). There were individual plaintiffs, as well. NAGR President Dudley Brown wrote in a statement that the decision, along with the Supreme Court’s ruling on bump stocks, forces ATF “to return to their Constitutional boundaries.”
An FRT is a device that resets a semiautomatic firearm’s trigger mechanically, thus allowing the gun to be fired faster. However, the gun still fires only one round per trigger pull.
The ATF said in a 2022 letter to federal firearms licensees, that certain forced reset triggers, which were being marketed as replacement triggers for AR-style rifles, allow shooters to “automatically expel more than one shot with a single, continuous pull of the trigger” and were subject to a ban.
The FRT rule is the second ATF rule O’Connor has vacated in 2024. On June 13, 2024, Breitbart News reported that O’Connor vacated the ATF’s AR pistol brace rule, noting that it violated the Administrative Procedure Act.
The ATF pistol brace rule targets stabilizer braces attached to AR pistols, claiming the braces turn AR pistols into short barrel rifles (SBRs). And since SBRs are regulated under the National Firearms Act of 1934, the ATF issued its rule on AR-pistol braces to stop what it saw as a way around SBR regulations.
Judge rules that New Jersey’s ban on the AR-15 is unconstitutional
Another judge who fights unconstitutional gun bans is District Judge Peter Sheridan, who recently ruled that New Jersey’s ban on the AR-15 violates the Second Amendment.
Sheridan cited recent Supreme Court rulings when shooting down New Jersey’s ban on the rifle. This includes New York State Rifle and Pistol Association v. Bruen, which forces judges to view Second Amendment law in light of the “historical tradition of firearm regulation.”
“The AR-15 provision of the Assault Firearms Law is unconstitutional under Bruen and Heller as to the Colt AR-15 for use of self-defense within the home,” Sheridan wrote in his 69-page ruling.
The Second Amendment advocacy group Association of New Jersey Rifle & Pistol Clubs and two Garden State gun owners claimed that the state’s assault weapons ban limited their constitutional options for home defense. They appeared to take issue with the entirety of the state ban on assault weapons. However, Sheridan ruled that since a majority of their arguments focused solely on the AR-15, then that was the only weapon he could definitively rule on.
In his order, the judge begrudged the Supreme Court’s new standards on Second Amendment issues but acknowledged that he must nonetheless follow the high court’s precedents.
“It is hard to accept the Supreme Court’s pronouncements that certain firearms policy choices are ‘off the table’ when frequently, radical individuals possess and use these same firearms for evil purposes,” Sheridan wrote. “Even so… where the Supreme Court has set forth the law of our nation, as a lower court, I am bound to follow it.”
Check out SecondAmendment.news for similar stories.
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