With Cell Phone Blazing that Vaccines Are Available for All Adults, Will the Commonwealth Now Mandate It?

Earlier this week cell phones were blazing an alarm for an Amber Alert (no), a hurricane (no – too early and it was sunny!), a tornado or thunderstorm (no and no). The alarm was to announce that vaccines are now available for everyone in the Commonwealth over the age of 16. Given this general availability of vaccines, will Commissioner of Health Norman Oliver revisit his threat to make vaccinations mandatory by imposing some form of penalty upon those who have a religious objection or a privacy objection (remember the refrain of “my body, my choice”) to the vaccination? Since the General Assembly refused to approve religious exemptions for COVID vaccinations, are there any defenses left for those who oppose the vaccines other than medical exemptions? 

The answer (a resounding YES) is found in the status of the vaccine approval process.  None of the vaccines available (Pfizer, Moderna, or J&J) have been formally approved for use by the U.S. Food & Drug Administration after a full review of safety and efficacy tests.  Rather (and very importantly), these vaccines were rushed to the arms of willing participants through an Emergency Use Authorization.  Without final approval, these drugs remain experimental and those who have been vaccinated are willing participants in this massive experiment. (Many drug companies pay those involved in a clinical trial. Have any of you readers been paid?) Speaking of compensation, are you aware that the vaccines’ manufacturers (Pfizer, Moderna, Johnson & Johnson) cannot be sued by the thousands of people who have died or been injured (as reported to CDC) by the vaccines?

Another group immune from liability to patients for experimental drugs were Nazi doctors, who became infamous for coercing experimental drug tests on “patients” (typically disabled, Jews, Slavs, and other “sub-humans”). At the Nuremberg Trials after World War II, these doctors were found guilty of “crimes against humanity” and then executed. An outcome of the Nuremberg Trials was the Nuremberg Code, which prohibited experimental medical and drug testing without the informed consent of patients.  This principle became part of American law and is presently found in 21 U.S.C. §360bbb-3, subsection (e)(1)(A) of which states that an experimental drug can be given to a patient only if s/he voluntarily agrees and is informed of known dangers. Vaccine forms expressly state that the patient has voluntarily chosen to receive the vaccine.

In light of the above, we sincerely doubt whether Dr. Oliver will make good on his threat. If Dr. Oliver or the Commonwealth threatens you, FFLC is willing to represent you for free.

Jim Davids, Chief Counsel