Children's Health Defense By
Children’s Health Defense (CHD) and seven Pennsylvania parents last week opposed the City of Philadelphia’s motion to dismiss their lawsuit seeking to overturn the city’s law that allows minors as young as 11 to consent to vaccination without their parents’ knowledge.
Tricia Lindsay, lead attorney for the plaintiffs, told The Defender it is important the case be heard and that its significance goes beyond the City of Philadelphia.
“This case is one which addresses pivotal issues, and is significant for all citizens,” Lindsay said, adding, “The right of a parent to the care, custody and control of their children is not a right which should be taken lightly, and is not one that can simply be extinguished with the stroke of a pen.”
The lawsuit, filed Nov. 1, 2023, alleges the City of Philadelphia engaged in a “wink and a nod” practice of vaccinating children behind parents’ backs without informed consent for the past 15 years, under the cover of its 2007 General Minor Consent Regulation (MCR).
That rule allows children 11 and older to consent to vaccination without parental knowledge as long as they receive a “vaccine information statement” for the administered shot.
It also absolves the vaccine administrator of liability related to the vaccine if the minor gives consent.
On May 14, 2021, the Philadelphia Department of Public Health enacted an additional COVID-19 Minor Consent Regulation, allowing children ages 11 and up to consent to the COVID-19 vaccine then available under emergency use authorization.
In its motion to dismiss, filed on Jan. 5, the city and its health department argued that none of the plaintiffs had been directly harmed or are likely to be harmed by the regulations and therefore they lack standing to sue.
City and health officials also argued that even if the plaintiffs did have standing, the complaint failed to “state a claim,” or show sufficient facts and legal justification, that Philadeliphia’s law violated federal or state law or that it violated parents’ constitutional rights to make decisions about their children’s upbringing…
READ ARTICLE HERE… (childrenshealthdefense.org)
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