No doubt you've heard that the Big Pharma companies manufacturing and distributing the experimental gene therapy anti-Covid medications are themselves immune--immune from legal liability, that is. That's not the end of the story, though. You're also no doubt aware of employers and other institutions--prominently, universities--have been mandating that persons subject to their pressure (employees, students, etc.) submit to participation in this medical experiment. That's problematic for those making such demands.
A reader brought this article to my attention:
Employers may be liable for ‘any adverse reaction’ from mandated coronavirus shots: OSHA
It’s also possible that employers requiring the injections may be held legally liable for violating federal law.
OSHA is perfectly clear on this point:
The federal Occupational Safety and Health Administration (OSHA) has put employers on notice that should they attempt to require employees to receive injections of experimental COVID-19 gene-therapy vaccines a resulting adverse reaction will be considered “work-related” for which the employer may be held liable.
OSHA released its new guidance on April 20 under a “Frequently Asked Questions” section of its website having to do with COVID-19 safety compliance.
The question asks whether an employer who mandates employees receive these experimental COVID-19 shots is required to record any adverse events as a result of these injections. Such recording requirements of serious work-related injuries and illness may not only leave an employer vulnerable to worker’s compensation claims, but such incidents could also impact the employer’s safety record.
The question and answer in full:
If I require my employees to take the COVID-19 vaccine as a condition of their employment, are adverse reactions to the vaccine recordable?
If you require your employees to be vaccinated as a condition of employment (i.e., for work-related reasons), then any adverse reaction to the COVID-19 vaccine is work-related. The adverse reaction is recordable if it is a new case under 29 CFR 1904.6 and meets one or more of the general recording criteria in 29 CFR 1904.7.
This clarification comes as an increasing number of employers seek to mandate the experimental injections despite possible illegality.
As you can imagine this is no small matter. While the Left wants you to believe that adverse reactions are rare--and rarely serious--that's not really true. Moreover, the alarming statistics that we've seen in just a few months may be just the tip of the iceberg. Consider:
Under the new OSHA clarification, such employers may be held liable for injuries due to these requirements.
... adverse events with regard to these shots are not uncommon. Data released from the Centers for Disease Control and Prevention (CDC) last Friday reveal that between December 14, 2020 and April 30 a total of 157,277 adverse events were passively reported to the U.S. government’s primary reporting system (VAERS), including 3,837 deaths and 16,014 serious injuries.
While causation is not explicitly confirmed through the VAERS reporting system, neither can it be presumed that all such adverse events are reported. Indeed, one study in 2010 found that “fewer than 1 percent of vaccine injuries” are reported to VAERS, suggesting the actual numbers of deaths and injuries due to these experimental substances are significantly higher.
Furthermore, it’s also possible employers requiring these injections may be held legally liable for violating federal law. According to America’s Frontline Doctors (AFLDS), products approved for emergency use only “are prohibited from being mandated by federal law.” The U.S. Food and Drug Administration’s emergency use authorization (EUA) specifically states that individuals must have the free “option to accept or refuse” these vaccines. Many argue the prospect of being terminated from one’s job by refusing such vaccines certainly undermines such necessary freedom.
Therefore, attorneys Mary Holland, president of Children’s Health Defense, and Greg Glaser warned last January that employers and universities who seek to defy the EUA law and attempt to require such injections of employees and students “are likely to lose if challenged in court.”
In order to assist individuals who wish to challenge their employers, schools, or universities that are requiring experimental COVID-19 vaccine injections, AFLDS has provided a template letter that can be sent to these entities and persons putting them on notice of their legal vulnerability.
“The law is clear. An experimental vaccine cannot be mandated,” the introduction reads. And the text, drafted in the second person to the mandating authority, states, “Any employer, public school, or any other entity or person who mandates experimental vaccines on any human being is not protected from liability for any resulting harm. While vaccine manufacturers may be shielded from liability, your institution is not protected, and neither are you.”
I have absolutely no experience in this area of the law. I'm sure it's complicated by local Workman's Compensation laws as well as various federal statutes. Nor do I know whether class actions might be possible for these cases. One thing I do know--defendants who, in defiance of the law, injured employees and/or students by pressuring them to participate in a medical experiment will receive little to no sympathy from virtually any jury I can imagine.
Where I work they have done this, mandating vaccination as a condition of working. Yes, BigPharma is off the hook. My sense is that any employer who forces employees to get vaccinated is asking for trouble--which they absolutely would have coming. Many universities may have just made a serious mistake in this regard. Of course, time will tell.ReplyDelete
Maybe this is the reverse of the axiom, what the gubbmint giveth it also taketh away...ReplyDelete
My law practice has been crippled by all the moratoriums on evictions and foreclosures. Maybe this is a new spigot worth looking into.
Off topic...news that Colonial Pipelines is again being targeted, this time in its comms systems.ReplyDelete
Crazy me wonders if it's possible the gangster government is orchestrating this rash of disruptions as a justification for taking over the energy sector? I.e., create a crisis at the pump and then step in to solve the problem in the clusterfarm way only govt can.
There is an Army post commander who said that any soldier who refused the Covid-19 vaccine would not be granted leave or allowed to go off post.ReplyDelete
He also said those soldiers would be considered "non-deployable". Yeah, that'll convince them to get the shot. Like every soldier just can't wait to be sent to some shit hole overseas. This Major General should be relieved of his command for gross stupidity.
“Gross stupidity” being a societal (not merely individual) malady these days, didn’t I read or hear somewhere (memory fails) that this particular stupidity is being applied throughout the military?Delete
So much for Delta Airlines requiring all new hires to prove they were vaccinated. Another CEO who needs to find a new job.ReplyDelete
I assume this also applies to passengers. I'll be finding out next month.
I mentioned a while back my concerns that my teenager attending a private university here in Florida may be compelled to take a non-licensed vaccine. Well, he sent me a copy of their edict which states that students who are 2 weeks post vaccination will have an "All Clear" designation and be allowed to remove their masks both in and out of doors. I thought, how clever they are since they can simply tell non-vaccinated that they must still wear a mask unless they are "All Clear" thinking that perhaps they are at less legal risk.ReplyDelete
He is concerned as someone who has recovered from an ischemic stroke at age 15 and he is also aware of potential clotting issues with these experimental vaccines and how he might be at a higher risk than others. I told him to not worry about it for now since he's off for the Summer and hopefully some of the insanity will have died down by the time he goes back in the Fall. I'm figuring if someone else doesn't complain about the violation of the new vaccine passport ban signed by Governor Desantis, I may have to stir the pot. I guess we'll see what happens..
I read that and my first thought was how many of these woke corporation CEOs called their legal office asking for guidance. It's just not supposed to work like that in this woke era where submission is expected. No, demanded.ReplyDelete
The Vaccine companies are hot on the trail to get their vaccines fully approved so this isn't an issue. University of California Regents has a qualifier for requiring the vaccine of students ONCE FDA approved. I've no doubt FDA is also happy to rush on this.ReplyDelete