Children's Health Defense By
Children’s Health Defense (CHD) attorneys today asked the U.S. Court of Appeals for the 5th Circuit in New Orleans to reverse a lower court’s dismissal of CHD’s lawsuit challenging the U.S. Food and Drug Administration’s (FDA) Emergency Use Authorization (EUA) of COVID-19 vaccines for children and babies.
The arguments came more than a year after a U.S. District Court in Texas dismissed CHD’s lawsuit on grounds CHD and five Texas parents lacked standing to sue the FDA.
CHD and the five parents sued the FDA on Jan. 24, 2022, alleging the FDA violated the Administrative Procedure Act (APA) and hoping to “hold the FDA accountable for its arbitrary and capricious authorization of a harmful drug that has and continues to injure children.” The plaintiffs filed an amended complaint on July 1, 2022.
The parents alleged risks to their children from COVID-19 vaccines including severe adverse reactions and “the unrelenting and looming threat of being pushed out of society” by “the culture of mass vaccination and medical mandates.”
CHD and the parents alleged that “the FDA abused its emergency powers, eliminated the notice-and-comment process, ignored citizen petitions, abandoned traditional safety mechanisms for assessing drugs injected into interstate commerce and the arms of American children, ignored express legislative limits on their actions” and misused this emergency power to push dangerous biologics on minors, mislabel and misbrand them to the public, with the express knowledge that their mislabeling would lead to them being coerced on children and infants as young as 6 months old.”
The lower court dismissed the lawsuit on Nov. 18, 2022, “on the grounds the Amended Complaint failed to sufficiently allege that any of the Appellants had standing to sue FDA.”
On May 15, 2023, CHD appealed the motion to dismiss.
Robert Barnes, a Los Angeles-based civil rights and constitutional law attorney who is the CHD attorney of record in the case, argued today before a three-judge panel that the harm to the five parents included the concern that Texas law allows adults other than parents to grant permission to vaccinate a child…
READ FULL ARTICLE HERE... (childrenshealthdefense.org)
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